Chapter 12.20 IMPROVEMENTS BY PRIVATE CONTRACT

12.20.010 Permit required.

12.20.020 Filing and approval of specifications.

12.20.030 Certificate of completion, and approval.

12.20.040 Denial or right to as penalty.

12.20.010 Permit required.

No person shall cause or allow the construction by private contract of any work in any public street of the city, in front of property owned by him or her, or under his or her charge or control, or work in any public easement or right-of-way, unless permission therefor shall have been first obtained from the Superintendent of Streets by the issuance of the approved plans and specifications to the private contractor. Provided, however, that nothing herein shall be construed to apply to the private construction of sidewalks, driveways, curbs or gutters as provided for in Chapter 12.04. (Prior code § 6-2.20)

12.20.020 Filing and approval of specifications.

Except for initial improvements of “Subdivisions of hillside lands,” the procedure for improvement of which is set forth in Chapter 16.28 and Sections 16.32.010 through 16.32.030, inclusive, of this code, no permission to perform work in public streets or easements by private contract shall be granted, unless the persons applying for the permission shall have furnished the following requirements to the Director of Public Works/Superintendent of Streets for his or her approval and acceptance:
A. Plans and specifications for the work together with an estimate of the cost of the work, prepared by a registered civil engineer;
B. A petition to the Director of Public Works/Superintendent of Streets from the applicant requesting permission to do the work. The petition shall include a statement as to the estimated number of days necessary to complete the project (which estimate may be modified by the Director of Public Works/Superintendent of Streets);
C. A deposit sufficient to cover the fees and compensation specified in approved city policies.
All work performed shall be to the satisfaction and acceptance of the Superintendent of Streets/ Director of Public Works in conformity with the plans and specifications approved and within the estimated time. (Amended during 1997 codification; prior code § 6-2.21)

12.20.030 Certificate of completion, and approval.

When street work is done by private contract, upon completion of the work specified in the contract the contractor shall secure (A) from the Engineer for the work, the Engineer’s Certificate, which shall state the work has been done to line and grade (if the engineering work has been done outside of the City Engineer’s Office, a copy of the Engineer’s Certificate shall be filed in said office, and in the office of the Superintendent of Streets/Director of Public Works); (B) From the Director of Public Works/Superintendent of Streets, his or her certificate, which shall state that the work has been done in conformity with the specifications and to the satisfaction and acceptance of the Director of Public Works/Superintendent of Streets.
The Director of Public Works/Street Superintendent shall have the same power to appoint a suitable person to superintend or inspect construction as is or may be vested in the Director of Public Works/ Superintendent of Streets by the general law of the State of California in the case of public contracts, and the compensation of such person shall be the same as for special superintendents or inspectors employed under public contracts. (Prior code § 6-2.24)

12.20.040 Denial or right to as penalty.

In addition to any other penalty provided by this code, any person who shall collect money or attempt to collect money for street work done under any private contract granted pursuant to the terms of this chapter, until the certificates of the Engineer and Street Superintendent/Director of Public Works shall have been issued, as hereinbefore in Section 12.20.030 provided for, or who shall violate or attempt to violate any of the provisions of this chapter pertaining to street work, by private contract, shall be denied the privilege of thereafter doing any kind of street work in the city. (Prior code § 6-2.26)