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17.16.110 Facilities in Street Area Damaged by Contractor.

(Amended by Ordinance Nos. 131165, 173295 and 183397, effective January 8, 2010.)

A.  If in the course of a local or public improvement the contractor or his or her subcontractor damages or displaces a public improvement, such as a curb, sidewalk, water line or meter, manhole, drainage improvement or other installation, then the contractor shall repair or replace the public improvement at the contractor's own expense in a proper manner as approved by the City Engineer; except in the case of:

1.  Damage to a sewer or drainage improvement shall be repaired in a proper manner as approved by the Chief Engineer of the Bureau of Environmental Services.  Contractors may be granted the option of funding the City to make the repairs in their stead; and

2.  Damage to a water line or meter shall be repaired by the Bureau of Water Works and billed to the contractor or others, in the manner specified in Title 5, Revenue and Finance, of this Code.

B.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is not located within 2 feet of the street grade established for that location, the contractor shall be liable for the cost of repair or replacement of the facility unless the plans, specifications and contract otherwise specifically prescribe.  The repair or replacement shall be done by the owner of such facility at the expense of the contractor unless the owner directs the contractor to perform such work.

C.  If, in the course of the work of a local improvement or public improvement, a contractor damages any underground facility owned by an adjacent property owner which is located within 2 feet of the established street grade in the area, then such facility shall be repaired, replaced or relocated as directed by the Responsible Bureau, subject to approval by the City Engineer, at the expense of the owner thereof, notwithstanding any failure to notify the owner of the need for relocation or change as prescribed in Section 17.16.100, unless the plans, specifications and contract otherwise prescribe.