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HomeMy WebLinkAbout18-Public Works dMr CITY OF SAN BERNARDINO REQUEST FOR COUNCIL ACTION File No. 6 . 50 From: ROGER G. HARDGRAVE Subject: Adoption of Ordinance Amending Chapter 12 of SBMC - Right-of-Way Public Works Permits, Excavations and Tempo- Dept: Date: 1 R� A rary Encroachments 3-25-97 OR101 �� Synopsis of Previous Council action: 1950 - Adoption of Ordinance 1879 1978 - Adoption of Ordinance and 1983 MC-3767 1953 - Adoption of Ordinance 2742 1981 - Adoption of Ordinance MC-75 1956 - Adoption of Ordinance 2122 1984 - Adoption of Ordinance MC--344 1966 - Adoption of Ordinance 14C-75 1985 - Adoption of Ordinance MC-460 1967 - Adoption of Ordinance 2805 1990 - Adoption of Ordinance MC-.711 1968 - Adoption of Ordinance 2883 and MC-729 and 2910 1969 - Adoption of Ordinance 2981 1970 - Adoption of Ordinance 3099 and 3107 Recommended motion: That said ordinance be laid over for final adoption. cc: F. Wilson J. Penman ZTL Signature Contact person: Gene R Klatt Phone: 5125 Supporting data attached: Staff Report & Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct. No.) (Acct. Description) Finance: Council Notes: n? at 111i q i Cen ha o e J r c 4:L s-i z,b,t o Ilem ltd- Ad a4 ,ems 7 V ] 75-0262 Agenda Item No. /9 -- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Page 1 of 2 The City' s original ordinance regulating the cutting of public streets was adopted in 1950 . This ordinance has been amended several times over the intervening years. Also, responsibility for administering this ordinance was transferred from the Public Services Department to the Public Works Department within the last year. The proposed ordinance will repeal all existing sections of the SBMC relating to cutting streets, and consolidate all provisions in the new Section 12 . 03 , "Right-of-Way Permits - Excavations and Temporary Encroachments . " Many cities are in the process of adopting "Street Restoration Fees, " in order to receive compensation for the damage to street pavement as a result of cuts . There are some legal and policy issues that are being reviewed. Due to these issues , this fee is not included in the proposed ordinance, but could be added when these issues have been resolved. Below are some significant features contained in the proposed ordinance: • Section 12 . 03 . 040 authorizes the City to regulate the location, size, depth and number of utility facilities installed, in order to equitably allocate available space in City streets . • Section 12 . 03 . 06 incorporates additional requirements for applications for permits . • Section 12 . 03 . 070 allows issuance of blanket permits for minor work on residential streets and emergency repairs . • Section 12 . 03 . 090 states that no traffic lanes be closed on arterial and collector streets during peak traffic periods, generally between 7 : 00 - 8 : 30 a.m. and 3 : 30 - 5 : 30 p.m. • Section 12 . 03 . 100 requires non-franchised utilities to pay a cash deposit to cover the estimated costs . Franchised utilities , that have repair/replacement language in their franchise, are exempt from paying a deposit for these costs . • Section 12 . 03 . 110 provides that -- 1 . A deposit be paid, or approved security posted, for damages and as idemnity for any damages . 2 . A policy or certificate of liability insurance be fur- nished by non-franchised utilities . 3-25-97 �t_no�n CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Page 2 of 2 3 . Applicants affirm that they have a certificate of consent to self insure, or a certificate of Workmen' s Compensation Insurance, or a signed certificate of exemption from the requirement to have Workmen' s Compensation Insurance. 4 . Owner occupant/builders are exempted from requirement to provide insurance certificates for work with a value under $5 , 000 . 00 , but must declare that they are exempt from the Contractor' s Licensing Legislation. • Section 12 . 03 . 130 provides that work shall be prosecuted with due diligence, and not obstruct traffic more than is actually necessary. • Section 12 . 03 . 140 regulates the abandonment of utility facilities , and makes the owner responsible for the abandoned facility. The proposed ordinance has been extensively reviewed by representatives from the various utility companies. Vigorous opposition was registered to the "Street Restoration Fee, " but they are generally in agreement with the proposed ordinance. We recommend that the ordinance be approved. 3-25-97 1 ORDINANCE NO 2 ORDINANCE OF THE City OF SAN BERNARDINO AMENDING TITLE 12, BY REPEALING CHAPTERS 12 . 04 AND 12 . 08 OF THE SAN BERNARDINO MUNICIPAL 3 CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS 4 INTO PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT- OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 5 12 . 03 . 010 FINDINGS 6 A. Increasing public demand for services has prompted the 7 expansion and installation of new above and below ground 8 facilities offered throughout the City street and public 9 right-of-way system. 10 B. Increased usage of the public right-of-way has created 11 congestion both above and below ground and created competition 12 for the available space. 13 C. Congestion in the underground portions of the street right-of- 14 way has created conflicts between the various users in that 15 the first users take the available space leaving little or no 16 room for other users. In some cases, the City is prevented 17 from installing needed expansions to water lines, sewers or 18 storm drains due to other users taking planned space for their 19 own facilities. 20 D. Continued use of public right-of-way has caused the 21 degradation of existing pavements and in some cases has been 22 the cause of damage or degradation to recently constructed or 23 rehabilitated pavements, traffic signal loops and pavement 24 markings. 25 E. It is the intent of the City of San Bernardino to preserve its 26 right to install expansions to its own systems, protect 27 investments in capital street improvements and prevent overuse 28 -2- 1 12 . 03 . 010 Findings 2 12 . 03 . 020 Definitions 3 12 . 03 . 030 Notice to Disconnect or Remove 4 12 . 03 . 040 Power to Regulate 5 12 . 03 . 050 Noninterference with Franchise Rights 6 12 . 03 . 060 Permit Application 7 12 . 03 . 070 Fees 8 12 . 03 . 080 Intentionally Left Blank 9 12 . 03 . 090 Encroachment for Lane Closure 10 12 . 03 . 100 Inspection and Plan Review - Deposit 11 12 . 03 . 110 Bonds, Insurance, Deposits 12 12 . 03 . 120 Notifications and Guidelines 13 12 . 03 . 130 Completion of Work and Non-conforming Work 14 12 . 03 . 140 Warranty of Work - Notice - Repair by City 15 12 . 03 . 150 Abandomnent of Facilities 16 12 . 03 . 160 Permit Expiration 17 12 . 03 . 170 Violations - Penalty 18 19 20 21 22 23 24 25 26 27 28 -1- 1 of the public right-of-way that would hamper proper 2 maintenance and operations of facilities. 3 F. Continued excavations and encroachments into the public right- 4 of-way disrupt the travelling public as well as the business 5 operators and pose potential safety hazards and shall be 6 controlled by permit and properly inspected. 7 12 . 03 . 020 DEFINITIONS 8 A. "Asphalt Street" means any street the surface of which is 9 paved with a mixture of rock, sand and asphalt cement, 10 including any of those which are commonly known as asphalt 11 pavement. 12 B. "Concrete gutter" means any gutter composed of portland cement 13 concrete. 14 C. "Concrete driveway" means any driveway paved with Portland 15 cement concrete. 16 D. "Concrete street" means any street paved with portland cement 17 concrete. 18 E. "Curb" means any curb constructed of portland cement concrete. 19 F. "Encroachment" means to encroach upon, obstruct or close 20 any public street, alley, court, sidewalk or any portion 21 22 thereof within the City, for any purpose, including 23 construction, parking, sales, advertising or any private usage of public right-of-way. 24 25 G. "Warning signs" shall conform to the requirements of the 26 "Manual of Traffic Controls", current edition, published by the State of California, and the "Work Area Traffic Control 27 28 Handbook (WATCH) , current edition as adopted by the City of San Bernardino. -3- 1 H. "Lights" shall conform to the requirements outlined in the 2 current edition of the "Manual of Traffic Controls" , published 3 by the State of California. 4 I . "Manhole" means any surface structure which is part of any 5 underground system such as sewer, storm drain, water, gas, 6 ground pipes, or wire system, and shall have a surface cover 7 with an exposed area of one and one-half square feet or more 8 and shall also include such structures of record that may have 9 been overlaid with surfacing materials. 10 J. "New facility" means a new distribution line or new service 11 connection. Every attempt shall be made to use existing 12 13 service connections for proposed developments or redevelopments. In the event the distribution line or service 14 15 connection is inadequate to serve a development, new facility shall include the necessary increase in size of distribution 16 17 lines and service lines for the facility only and/or the 18 extension of service to reach the development. K. "Oiled street" means any street the surface of which is 19 20 composed of a mixture of one or more spray coats of road oil 21 with sand, compressed rock, or decomposed granite, or chemical 22 dust palliative, having a thickness of one inch or less. 23 L. "Property" means and includes any property, rail, ties, wire, 24 pipes, conduit, or any device, fixture, appliance, or 25 structure appurtenant thereto, installed, affixed or located 26 in or under any public street or public place in the City 27 whether so affixed, installed, or located under franchise, or otherwise. 28 -4- 1 M. "Prospect hole" means any hole made in a pavement, driveway, 2 or sidewalk by driving a metal bar, or drill into same for the 3 purpose of locating existing utility pipes, or conduits, or 4 leaks therefrom or for explorations as to soil type, depth to 5 groundwater, monitoring of groundwater or pollution or other 6 monitoring activities. 7 N. "Public place" means and includes a public place, public 8 square, public park, public playground, public court, public 9 building and grounds, public airport, and all public grounds 10 and places owned and maintained by the City. 11 O. "Public Street" means and includes a public street, public 12 easements, public right-of-way, public highway, public alley, 13 public way, or public road within the City. 14 P. "Rock and oil" means any street the surface of which is 15 composed of macadam pavement, or a mixture of rock, sand and 16 either road oil or liquid asphalt, having a total thickness of 17 more than one inch. 18 Q. "Unimproved street" means any street the surface of which is 19 composed of dirt, soil, sand, gravel, decomposed granite, or 20 similar materials in their natural state or a surface of 21 inbound or water-bound gravel, or decomposed granite. 22 R. "Valve/valve box/pull box" means any access via surface 23 24 structure which is part of any underground system such as sewer, storm drain, water, gas, ground pipes, wire or cable 25 systems, and has a surface cover with a surface area of less 26 than 1-1/2 square feet. 27 12 . 03 . 030 NOTICE TO DISCONNECT OR REMOVE 28 Whenever the Director of Public Works/City Engineer determines -5- 1 that it is reasonable and necessary that any property located in or 2 under any public street, or public place in this City, owned, 3 maintained, or controlled by any person, be temporarily 4 disconnected, and reconnected, or permanently moved, relocated, or 5 removed from any public street, or other public place, in order 6 that the City, or other governmental agency, or instrumentality, 7 may most economically, under modern engineering and construction 8 methods install , construct, build, or erect any public improvement, 9 or works in or under any public street, the Director of Public 10 Works/City Engineer shall give timely written notice to the person 11 owning, maintaining, or controlling such property, to move, 12 relocate, or temporarily disconnect the same, as may be determined 13 by the City Engineer. 14 12 . 03 . 040 POWER TO REGULATE 15 A. The City shall adopt such regulations for the location, size, 16 depth, number of facilities to be accommodated, installation 17 and repair methods and surcharges for new or recently 18 rehabilitated public streets that may require excavations as 19 it may deem necessary for public welfare. The regulations are 20 intended to protect the public right-of-way and equitably 21 allocate available space. In the event a utility cannot 22 locate as directed by the City without violation of PUC 23 installation guidelines, then alternate alignments shall be 24 selected. 25 B. Whenever an excavation is made by tunneling under the surface 26 of the street, the City shall adopt such regulations and 27 require such inspections, as it may deem necessary to insure 28 full compliance with the other sections of the chapter. -6- 1 C. Whenever conduits are placed under City streets or in public 2 right-of-way, the City will require the owner/user to insure 3 the conduits can be located, with accuracy, by a reliable 4 method. This shall mean a horizontal location within 4 inches 5 and depth within 18 inches. 6 D. Plans shall be prepared and submitted that show the location, 7 depth and type of proposed facilities as well as other 8 existing underground utilities. Such plans shall be to scale 9 and no less than 1"=60' and shall show the right-of-way line, 10 curb lines and all known underground utilities, conduits or 11 buried wires. 12 F. City direction to relocate or locate in other positions to 13 clear existing or future facilities will be considered 14 mandatory and not merely recommendations. Failure to follow 15 approved plans will result in the facility being relocated as 16 directed at the cost of the owner. 17 12 . 03 . 050 NONINTERFERENCE WITH FRANCHISE RIGHTS 18 Nothing in this chapter shall be construed as interfering with 19 20 any rights granted to any persons, firm or corporation under and by virtue of any franchise of the State of California or of the City 21 or to any rights granted in the future. 22 12 . 03 . 060 PERMIT APPLICATION 23 24 A. Every permit for any excavation or encroachment in or under 25 the surface of any street shall be granted subject to the 26 rights of this City, or any other person entitled thereto, to 27 make reasonable use of that part of the street for any purpose 28 for which the street may be lawfully used, consistent with the excavation and/or encroachment made pursuant to such permit. -7- 1 B. It is unlawful to remove material from or engage in 2 construction, repair or installation of conduits within any 3 street in such a manner as to render such street impassable or 4 dangerous to public travel. Closure of streets must be 5 approved in advance with approval of traffic detour plans 6 submitted in accordance with the guidelines prepared by the 7 Director of Public Works/City Engineer for the City of San 8 Bernardino. 9 C. It is unlawful for any person to make excavations or 10 encroachments in or under the surface of any street, sidewalk 11 or public place, for the installation, repair, or removal of 12 any pipe, conduit, duct, or tunnel, or for any other purpose 13 except the installation of poles and anchors serving overhead 14 lines without first: 15 1. Making and filing a written application with the Director 16 of Public Works/City Engineer a minimum of forty-eight 17 hours prior to starting any excavation or encroachment, 18 except any person, or firm holding a public utility 19 franchise in the City may, for emergency proposes only, 20 make and file a written application during the next 21 business day following the making of such emergency 22 excavations or encroachments. 23 2 . Receiving a written permit from the Director of Public 24 Works/City Engineer. 25 3 . Making a deposit or other acceptable security to cover 26 the cost of installation including: 27 a. Inspection 28 b. Restoring the street or sidewalk to its original condition -8- i 1 C. Restoring all signs, pavement markings, conduits, 2 cables, pipes to a condition acceptable to the City 3 using similar materials and methods to the original 4 d. Incidental expenses in connection therewith, as 5 hereinafter provided for. 6 D. Before issuing any permit provided for in this section, the 7 Director of Public Works/City Engineer shall require that a 8 written application be made and filed with the Department of 9 Public Works which shall provide the following: 10 1. Name and residence, or business address of applicant; 11 2 . A detailed description of the work, its location and 12 approximate area (in square feet) and the purpose for the 13 excavation (installation, repair, enhancement, etc. ) ; 14 3 . A plat of the proposed work not larger than 24 11x36" nor 15 smaller than 8 1/2"x 11" and at a scale not smaller than 16 1"=60' showing the following: 17 a. Right of way lines 18 b. Curb lines, back of sidewalk, street lights, 19 traffic signal and boxes. 20 C. Location of proposed excavation including the 21 length and width of the trench 22 d. North arrow and scale 23 e. Street names and cross street (even if shown with 24 broken centerline to nearest cross street) 25 f. ALL underground facilities with size, location and 26 ownership based on a search of available records. 27 This is required for the full right-of-way width 28 for lines going in the general direction of the -9- l i 1 street and for the length of the trench for 2 excavations generally perpendicular to the street. 3 g. Such other information as the Director of Public 4 Works/City Engineer may require. 5 No plats shall be required when excavations or 6 encroachments are made for service connections, or for locating or repairing existing underground installations. 7 E. Applicant must show legal authority to occupy and use the 8 street, or sidewalk wherein the excavation/encroachment is 9 proposed to be made. 10 F. It is unlawful for any person to make any excavation, install 11 or maintain any tank, pipe, conduit, duct, or tunnel, in or 12 under the surface of any street, or sidewalk or public place, 13 at any location other than that described in the application, 14 and shown on the plats filed by such person. Any deviation in 15 location necessitated by actual field conditions shall be 16 corrected on the final plats and submitted to the Director of 17 Public Works/City Engineer as the AS CONSTRUCTED plats. 18 G. The Director of Public Works/City Engineer may require site 19 survey in order to insure accurate location of facilities as 20 deemed necessary to insure compliance with this section. 21 H. Those performing the work shall have a valid current City of 22 San Bernardino business registration and shall list the number 23 thereof on the application. The job superintendent as well as 24 the owners authorized representative shall also provide 24 25 hour emergency telephone numbers should problems be discovered 26 other than during normal working hours and shall list same on 27 the application. 28 -10- i 1 I . The Director of Public Works/City Engineer may issue vehicle 2 parking permits that allow encroachment into time limited 3 parking areas for extended work periods. See section 4 12 . 03 . 090 5 12 . 03 . 070 FEES 6 A. Before a right-of-way excavation/encroachment permit is 7 issued, the person making the application shall pay the City 8 a non-refundable right-of-way construction permit fee as 9 established by resolution. 10 B. Public utilities approved by the Director of Public Works/City 11 Engineer may obtain a right-of-way blanket permit for minor 12 work and emergency work. Applicants shall pay a non- 13 refundable blanket permit fee as established by resolution. 14 A blanket permit will be valid for TWELVE months from the date 15 of issuance. 16 Minor work is defined as cable location and repair, 17 constructing, modifying or abandoning individual service 18 connections, maintaining and/or operating existing facilities, 19 installing protection and electrical disconnecting equipment, 20 and other equivalent minor work within local residential 21 streets and easements. Construction or replacement of new 22 distribution and transmission facilities, work within arterial 23 or collector roads or highways, or any other activity not 24 construed to be minor work will require individual permits. 25 Emergency work is defined as work necessary to repair 26 27 damage to existing facilities and/or reestablish service. Work done under a blanket permit shall not require submittal 28 of detailed plans as required by Section 12 . 30. 050 unless -11- i 1 deemed necessary by the Director of Public Works/City 2 Engineer. 3 C. Other public agencies may obtain a no fee preliminary permit 4 in order to complete the review process and obtain any permit 5 requirements. Prior to any work being done under this 6 preliminary permit, the person or contractor that will perform 7 the work must obtain a right-of-way permit and pay all 8 associated permit fees and deposits. 9 D. Applicants obtaining a permit for the purpose of installing 10 sewer laterals and making connection to existing sewer lines 11 will need to provide evidence (receipts) to the Director of 12 public Works/City Engineer showing that Sewer Capacity Fees 13 (paid to the Water Department) and Sewer Connection Fees (paid 14 to the Planning/Building Safety Department) have been paid for 15 the property being connected. 16 12 03 080 [Intentionally Left Blankl 17 12 . 03 . 090 ENCROACHMENT FOR LANE CLOSURE 18 A. Closure of traffic lanes on arterial and collector streets as 19 designated in the City's General Plan Circulation Element 20 shall be avoided between the morning and evening peak hours to 21 accommodate traffic operations. Generally, the period from 22 7 : 00 am to 8: 30 am constitutes the morning peak and the period 23 24 from 3 : 30 pm to 5: 30 pm constitutes the evening peak. Peak flow need only be addressed weekdays (Monday through Friday) . 25 B. Permits shall be required for excavations/encroachments that 26 will occur at the places and times specified in Paragraph A 27 and shall be assessed an additional fee, as determined by 28 resolution, for each day of the closure or operation. -12- 1 C. Emergency closures shall not require an encroachment permit. 2 The owner/contractor completing the work shall notify the 3 Director of Public Works/City Engineer immediately by 4 telephone or telecopier or in person of such emergency 5 closures. As used in this section emergency means an actual, 6 threatened, or anticipated incident or situation which 7 seriously threatens the public health and safety. In the 8 event such emergency closures present a hazard or serious 9 impact on the travelling public, the owner/contractor shall 10 pay the City actual costs for traffic control officers, 11 personnel or equipment dispatched to correct the traffic 12 disruption. These actual cost shall be over and above any 13 blanket permit, lane closure or after the fact permit issued. 14 D. All traffic lane closures shall follow the advance warning and 15 safety signing as required by the WATCH manual or other 16 approved traffic control manual. Failure to comply with this 17 section shall constitute sufficient grounds for the City to 18 issue a stop work order. 19 E. Projects involving the use of "Rule 20" funds or being done at 20 the request of the City in relation to other ongoing City 21 projects are exempt from the provisions of this section. 22 12 . 03 . 100 INSPECTION AND PLAN REVIEW - DEPOSIT 23 A. Before excavation/encroachment permits are issued, a deposit 24 to cover the estimated cost of the inspection, plan review and 25 repair/replacement costs shall be paid to the City. Franchise 26 holders who have repair/replacement language within the 27 franchise agreement need only provide inspection and plan 28 review fees. Both inspection and plan review will be charged -13- 1 as a percentage of the estimated construction cost with a 2 minimum basic fee to cover administrative costs associated 3 with the permit and plan review/inspections. Public utilities 4 performing work under a blanket permit, in lieu of providing 5 the inspection and plan review deposit, shall be billed 6 quarterly for costs based on construction activities and plan 7 reviews conducted for the public utilities, by the City, in 8 public rights-of-way and public places. 9 B. Plan reviews shall be submitted to the Department of Public 10 works for review and comment. Two (2) plans shall be 11 submitted and no permits shall be issued or construction 12 started, until the plan review has been completed and plans 13 approved. 14 C. No portion of the deposit shall be returned until all work has 15 been satisfactorily completed and all markings, signs, 16 conduits and systems are returned to working order or replaced 17 in kind. This shall also include the removal of pavement 18 markings made to locate underground utilities and facilities 19 and used by the contractor for construction purposes. The 20 street shall be returned to a condition that reflects no 21 evidence of the construction activities. Depending on the 22 location of and direction of the excavation, the contractor 23 may be required to pave to limits of 2 foot each side of the 24 trench, from the curb to the first lane line, a full lane 25 width, a full half street section or the entire street section 26 should the trench be skewed or impact both sides of the 27 street. Surface treatments such as chip seal, slurry seal may 28 -14- i 1 be considered based on the condition of the street and area of 2 the patch. 3 12 . 03 . 110 BONDS INSURANCE. DEPOSITS 4 A. Notwithstanding provisions of Streets and Highways Code 5 Section 1468 , before an excavation/encroachment permit is 6 issued, a deposit in an amount as determined by the Director 7 of Public Works/City Engineer shall be paid to the City for 8 damages and as indemnity for any damages, which may be caused 9 by the permitted excavation or obstruction; or in lieu of such 10 deposit, post security in a form approved by the City 11 Attorney. Security shall indemnify the City for any damages 12 and shall be further conditioned upon the compliance by the 13 applicant with all provisions of this Chapter. Such deposit 14 shall be for 100 percent of the estimated construction cost, 15 as determined by the Director of Public Works/City Engineer, 16 to guarantee faithful performance of all work, in a manner 17 satisfactory to the City, and that all materials and 18 workmanship will be free from original or developed defects. 19 The deposit will remain in effect until the end of all 20 warranty periods set forth in this Chapter. Changes in the 21 work or extensions of time, shall in no way release the 22 applicant or surety from its obligations. 23 B. Applicant shall furnish to the City a policy or certificate of 24 liability insurance in which the City is the named insured or 25 is named as an additional insured with the applicant. 26 Franchised utilities doing work with their own forces shall 27 28 not be required to submit insurance certifications or policies. Notwithstanding any inconsistent statement in the -15- 1 2 policy or any subsequent endorsement, the City shall be the 3 insured or as an additional insured covering the work whether 4 liability is attributable to the applicant or the City. The 5 policy shall insure the City, its officers, employees, and 6 agents, while acting within the scope of their duties on the 7 permit, against all claims arising out of or in connection 8 with the work. Coverage shall be in accordance with the 9 current edition of the Standard Specifications for Public 10 Works Construction (Green Book) Section 7-3 . The applicant 11 shall indemnify, defend, and hold harmless the City, its 12 officers and agents from all damages, costs or expenses in law 13 or equity that may at any time arise or be set up because of 14 damages to property, or of personal injury received by reason 15 or in the course of performing work, which may be caused by 16 any willful or negligent act or omission by the applicant, or 17 any of the applicant's employees or contractors. The City 18 will not be liable for any accident, loss or damage to the 19 work prior to its completion and acceptance. 20 All liability insurance policies shall bear an 21 endorsement or shall have attached a rider whereby it is 22 Provided that, in the event of expiration or proposed 23 cancellation of such policies for any reason whatsoever, the 24 City shall be notified by registered mail, return receipt 25 requested, giving a sufficient time before the date thereof to 26 comply with any applicable law or statute, but in no event 27 less than 30 days before expiration or cancellation is 28 effective. -16- i 1 The applicant shall be required, on the permit, to affirm that 2 they have a certificate of consent to self-insure, or a 3 certificate of Worker's Compensation Insurance, or a certified 4 copy thereof. (Sec 3800, Labor Code) or sign a certificate of 5 exemption from worker's compensation insurance (work over $100 6 valuation) . Said certification shall certify the applicant 7 shall not employ any person in any manner so as to be come 8 subject to the worker's compensation laws of California in the 9 performance of the work. After making such certification, 10 should the applicant become subject to worker's compensation 11 provisions of the Labor Code, applicant must forthwith comply 12 with same or the permit shall be deemed revoked. 13 C. Owner occupants or owner builders shall not be required to 14 provide said insurance certificates for work with a value 15 under $5, 000. 00. Owner occupants or owner builders shall 16 however be bound by the provisions of Paragraph B as it 17 relates to hold harmless and liability for accident, loss or 18 damage to property or for personal injury. signature upon the 19 application will provide understanding and acceptance of the 20 liability exposure for work done by owner occupants or owner 21 builders. 22 23 Owner/builders shall declare that they are exempt from the 24 Contractor's License Law and as the owner of the property or 25 their employees with wages as their sole compensation, will do the work and it is not intended or offered for sale. 26 27 Contractor's License Law does not apply to an owner of 28 property who builds or improves thereon and who does such work themselves or through their own employees, provided that such -17- 1 improvements are not intended or offered for sale. If 2 however, the improvement is sold within one year of 3 completion, the owner-builder will have the burden of proving 4 that they did not build or improve for the purpose of sale. 5 D. Notwithstanding any provision in this Chapter to the contrary, 6 a contractor who has been awarded a competitive bid by the 7 City for a public project involving street excavation or 8 cutting shall not be required to file a bond or special 9 deposit under Section 12 . 02 . 110 to cover the cost of repairing 10 or replacement of street surface excavated or damaged, 11 provided that his bid documents or contract require that they 12 perform such street repair or replacement as a part of the 13 awarded project and that they do so perform in a manner 14 satisfactory to the Director of Public Works/City Engineer and 15 in accordance with all provisions of this section. 16 E. An agreement between the Redevelopment Agency and the City in 17 a form satisfactory to the City Attorney unconditionally 18 providing and guaranteeing that the agency provide and pay for 19 those excavations/encroachments and other costs required 20 pursuant to the provisions of this section may be filed with 21 the Director of Public Works/City Engineer as security in lieu 22 of the bond, cash or certificate of deposit whenever the 23 24 excavation/encroachment are located in a redevelopment project 25 area and the agreement recites that the excavations/encroach- 26 ments are in compliance with the redevelopment plan for the 27 area and in furtherance of the public interest in promoting 28 public or private development. -18- 1 12 . 03 . 120 NOTIFICATIONS AND GUIDELINES 2 3 A. Twenty-four (24) hours prior to commencing any work within any 4 public right-of-way or public place, the applicant shall 5 notify the Department of Public Works Field Engineering 6 Section to arrange for inspection service. All work shall be 7 performed under the inspection and authority of the Director of Public Works/City Engineer or their authorized 8 9 representative and shall comply with this Chapter and the 10 policy concerning excavations/encroachments. B. It is unlawful for any person to make any excavations in any 11 12 street or sidewalk without maintaining safe crossings for 13 vehicle traffic at all street intersections, alleys, and 14 private driveways, and safe crossing for pedestrians at intervals of not more than three hundred feet. 15 16 If any excavation is made across any street or alley, at 17 least one safe crossing shall be maintained at all times for 18 vehicles and pedestrians. 19 Free access must be provided and maintained to all fire 20 hydrants and water valves. 12 . 03 . 130 COMPLETION OF WORK AND NON-CONFORMING WORK 21 22 A. After work under the permit is commenced, the completion of 23 said work shall be prosecuted with due diligence, and so as 24 not to obstruct any street, alley, sidewalk or public place, 25 or travel thereon more than is actually necessary. If the 26 work is not so prosecuted, or if the work does not, in the 27 judgement of the Director of Public Works/City Engineer, 28 comply with the terms of this chapter, the Director of Public Works/City Engineer shall notify the applicant, in writing, -19- 1 2 that the work is not being prosecuted with*the due diligence, 3 or that the work has not been properly done, and require the 4 applicant, within three days after service of such notice, to 5 proceed with the diligent prosecution of said work or properly 6 complete the same, as the case may be. If such notice is not 7 complied with, the Director of Public Works/City Engineer 8 shall do whatever work is necessary to restore the street, 9 alley, sidewalk or public place to as good a condition as the 10 same was in before work began. 11 The applicant shall be responsible for all costs incurred 12 in the restoration and enforcement actions required by the 13 City to accomplish provisions of paragraph A above. 14 12 . 03 . 140 WARRANTY OF WORK - NOTICE - REPAIR BY City 15 A. The applicant shall be deemed and held to warrant all work for 16 the period of one year, or as specified in franchise 17 documents, after completion of said work against all defects 18 in workmanship or materials. Whenever within said period of 19 one year any pubic improvement so warranted becomes in need of 20 repairs, by reason of any defect in workmanship or material 21 done or used in said work, the Director of Public Works/City 22 Engineer shall serve on the applicant written notice stating 23 what repairs are necessary and requiring such repairs to be 24 made within three days after receipt of said notice. If the 25 notice is not complied with, the Director of Public Works/City 26 Engineer shall proceed to make such repairs. 27 The applicant shall be responsible for all costs 28 including materials, labor and administration necessary to repair or replace defective work. Such funds shall be -20- 1 2 withheld from the bonds or security deposit made by the 3 applicant until reimbursement is made or other acceptable 4 arrangement for payment have been established. 12 . 03 . 150 ABANDONMENT OF FACILITIES 5 6 A. When abandonment of existing facilities is contemplated, the 7 utility shall make every effort to utilize the current 8 alignment and location for the proposed new facilities thereby 9 preserving the available right-of-way. In the event this is 10 impractical or technically infeasible, the owner/user shall be 11 responsible for the removal of the abandoned facility. 12 B. Removal of abandoned facilities may be done at the time new 13 facilities are installed or may be deferred until such time as 14 the abandoned facility conflicts with proposed new development 15 or installation of any new facilities. It shall be the 16 responsibility of the owner to coordinate the removal and 17 disposal of the abandoned facilities with the contractor 18 making the new improvements. The owner shall be fully 19 responsible for the disposal of the ducts, conduits, 20 conductors, pipes, fittings and all other portions of the 21 abandoned work and for any hazardous materials that may be 22 present in any of the abandoned facilities. Should 23 contamination be evident in the surrounding soils, the owner 24 shall take all necessary steps to mitigate the contamination. 25 C. The owner shall maintain records of such abandoned facilities 26 and shall show such abandoned facilities on any requests to 27 locate facilities when there is a reasonable expectation of 28 conflict with the proposed construction. They shall be -21- 1 clearly designated as abandoned and upon request, information 2 on the material present shall be supplied. 3 12 . 03 . 160 PERMIT EXPIRATION 4 A. If after a permit has been issued to do work under the 5 provisions of this chapter, the construction of the work has 6 not commenced within sixty days after the date thereof or 7 other date set forth on the permit, then such permit shall be 8 void and before work may be commenced a new permit shall be 9 issued and the usual fee paid therefor. Applicant may request 10 an extension to permits for consideration of the Director of 11 Public Works/City Eningeer but such requests shall be in 12 writing and made prior to the 60 day expiration date. The 13 request shall state the reasons for the extension, the 14 duration of the extension request and shall provide 15 justification for not beginning the work within the first 60 16 days. 17 Deposits made on the value of the work may be released 18 upon request of the applicant and evidence of the permit 19 termination. Fees for plan review and any inspection time 20 spent will not be reimbursed nor applied to re-submittal of 21 the same area for reconsideration. 22 23 B. Preliminary permits that have been issued to a public agency 24 under the provisions of this chapter but for which an 25 Excavation/Encroachment permit has not been issued or work 26 commenced within one (1) year of issuance of the Preliminary 27 permit, or other date set forth on the permit, shall become 28 void. Re-submittal of the preliminary permit will be required to reactivate the process. -22- 1 2 C. Permits for encroachments into public right-of-way shall not 3 be for any period longer than thirty days from the day of 4 granting thereof. 5 12 . 03 . 170 VIOLATION - PENALTY 6 A. Any person violating any provision of this chapter is guilty 7 of a misdemeanor, which upon conviction thereof is punishable 8 in accordance with the provisions of Section 1. 12 . 010 of this 9 Code. In addition to any other remedies in this chapter, the 10 enforcement of the penal provisions shall not constitute a bar 11 to the exercise by this City of all other power conferred upon 12 it by this chapter; and the exercise by the City of the powers 13 herein conferred upon it by this chapter does not constitute 14 a bar to criminal prosecution for the violation of the penal 15 Provisions of this chapter. 16 17 18 19 20 21 22 23 24 25 26 27 28 -23- 1 2 RESO: ORDINANCE OF THE City OF SAN BERNARDINO AMENDING TITLE 12 , 3 BY REPEALING CHAPTERS 12 . 04 AND 12 . 08 OF THE SA BERNARDINO MUNICIPAL CODE ENTITLED "EXCAVATIONS" AN 4 "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMIT FOR EXCAVATIONS AND ENCROACHMENTS INTO PUBLIC RIGHT-OF-WA 5 BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT-OF-WAY PERMITS EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of Sa 8 Bernardino at a meeting thereof, held on th 9 day of 1997 , by the following vote, to-wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 ARIAS 14 OBERHELMAN 15 DEVLIN 16 ANDERSON 17 MILLER 18 19 RACHEL CLARK, City Clerk 20 The foreoing resolution is hereby approved this day 21 of , 1997 . 22 23 TOM MINOR, Mayor 24 City of San Bernardino 25 Approved as to form and legal content: 26 James F. Penman 27 City Attorney 28 By -24- CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION File No. 6 . 50 Adoption of Ordinance Amending =ror ROGER G. HARDGRAVE Subject: Chapter 12 of SBMC - Right-of-Way Permits, Excavations and Tempo- Pept. Public Works rary Encroachments Sate: 3-25-97 G [Ply Synopsis of Previous Council action: 1950 - Adoption of Ordinance 1879 1978 - Adoption of Ordinance and 1983 MC-3767 1953 - Adoption of Ordinance 2742 1981 - Adoption of Ordinance MC-75 1956 - Adoption of Ordinance 2122 1984 - Adoption of Ordinance MC-344 1966 - Adoption of Ordinance 14C-75 1985 - Adoption of Ordinance MC-460 1967 - Adoption of Ordinance 2805 1990 - Adoption of Ordinance MC-711 1968 - Adoption of Ordinance 2883 and MC-729 and 2910 1969 - Adoption of Ordinance 2981 1970 - Adoption of Ordinance 3099 and 3107 Recommended motion: That said ordinance be laid over for final adoption. cc: F. Wilson J. Penman Signature Contact person: Gene R Flatt Phone: 5125 Supporting data attached: Staff Report & Ordinance Ward: All FUNDING REQUIREMENTS: Amount: N/A Source: (Acct No.) (Acct Description) Finance: Cc Notes: 75-0262 Agenda Item No. — CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION STAFF REPORT Page 1 of 2 The City ' s original ordinance regulating the cutting of public streets was adopted in 1950 . This ordinance has been amended several times over the intervening years. Also, responsibility for administering this ordinance was transferred s from the Public Service Department to the Public Works p Department within the last year. The proposed ordinance will repeal all existing sections of the SBMC relating to cutting streets, and consolidate all provisions in the new Section 12 . 03 , "Right-of-Way Permits - Excavations and Temporary Encroachments . " Many cities are in the process of adopting "Street Restoration Fees, " in order to receive compensation for the damage to street pavement as a result of cuts . There are some legal and policy issues that are being reviewed. Due to these issues , this fee is not included in the proposed ordinance, but could be added when these issues have been resolved. Below are some significant features contained in the proposed ordinance: ° Section 12 . 03 . 040 authorizes the City to regulate the location, size, depth and number of utility facilities installed, in order to equitably allocate available space in City streets. • Section 12 . 03 . 06 incorporates additional requirements for applications for permits. • Section 12 . 03 . 070 allows issuance of blanket permits for minor work on residential streets and emergency repairs. • Section 12 . 03 . 090 states that no traffic lanes be closed on arterial and collector streets during peak traffic periods, generally between 7 : 00 - 8 : 30 a.m. and 3 : 30 - 5 : 30 p.m. • Section 12 . 03 . 100 requires non-franchised utilities to pay a cash deposit to cover the estimated costs. Franchised utilities, that have repair/replacement language in their franchise, are exempt from paying a deposit for these costs . • Section 12 . 03 . 110 provides that -- 1 . A deposit be paid, or approved security posted, for damages and as idemnity for any damages. 2 . A policy or certificate of liability insurance be fur- nished by non-franchised utilities . 3-25-97 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION 0 STAFF REPORT Page 2 of 2 3 . Applicants affirm that they have a certificate of consent to self insure, or a certificate of Workmen ' s Compensation Insurance, or a signed certificate of exemption from the requirement to have Workmen' s Compensation Insurance. 4 . Owner occupant/builders are exempted from requirement to provide insurance certificates for work with a value under $5 , 000 . 00 , but must declare that they are exempt from the Contractor' s Licensing Legislation. • Section 12 . 03 . 130 provides that work shall be prosecuted with due diligence, and not obstruct traffic more than is actually necessary. • Section 12 . 03 . 140 regulates the abandonment of utility facilities, and makes the owner responsible for the abandoned facility. The proposed ordinance has been extensively reviewed by representatives from the various utility companies. Vigorous opposition was registered to the "Street Restoration Fee, " but they are generally in agreement with the proposed ordinance. We recommend that the ordinance be approved. 0 3-25-97 r C 7\J d 1 12 . 03 . 010 Findings 2 12 . 03 . 020 Definitions 3 12 . 03 . 030 Notice to Disconnect or Remove 4 12 . 03 . 040 Power to Regulate 5 12 . 03 . 050 Noninterference with Franchise Rights 6 12 . 03 . 060 Permit Application 7 12 . 03 . 070 Fees 8 12 . 03 . 080 Intentionally Left Blank 9 12 . 03 . 090 Encroachment for Lane Closure 10 12 . 03 . 100 Inspection and Plan Review - Deposit 11 12 . 03 . 110 Bonds, Insurance, Deposits 12 12 . 03 . 120 Notifications and Guidelines 13 12 . 03 . 130 Completion of Work and Non-conforming Work 14 12 . 03 . 140 Warranty of Work - Notice - Repair by City 15 12 . 03 . 150 Abandomnent of Facilities 16 12 . 03 . 160 Permit Expiration 17 12 . 03 . 170 Violations - Penalty 18 19 20 21 22 23 24 25 26 27 28 -1- 1 ORDINANCE NO 2 ORDINANCE OF THE City OF SAN BERNARDINO AMENDING TITLE 12, BY REPEALING CHAPTERS 12 . 04 AND 12 . 08 OF THE SAN BERNARDINO MUNICIPAL 3 CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS 4 INTO PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT- OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 5 12 . 03 . 010 FINDINGS 6 A. Increasing public demand for services has prompted the 7 expansion and installation of new above and below ground 8 facilities offered throughout the City street and public 9 right-of-way system. 10 B. Increased usage of the public right-of-way has created 11 congestion both above and below ground and created competition 12 for the available space. 13 C. Congestion in the underground portions of the street right-of- 14 way has created conflicts between the various users in that 15 the first users take the available space leaving little or no 16 room for other users. In some cases, the City is prevented 17 from installing needed expansions to water lines, sewers or 18 storm drains due to other users taking planned space for their 19 own facilities. 20 D. Continued use of public right-of-way has caused the 21 degradation of existing pavements and in some cases has been 22 the cause of damage or degradation to recently constructed or 23 rehabilitated pavements, traffic signal loops and pavement 24 markings. 25 E. It is the intent of the City of San Bernardino to preserve its 26 right to install expansions to its own systems, protect 27 investments in capital street improvements and prevent overuse 28 -2- 1 of the public right-of-way that would hamper proper 2 maintenance and operations of facilities. 3 F. Continued excavations and encroachments into the public right- 4 of-way disrupt the travelling public as well as the business 5 operators and pose potential safety hazards and shall be 6 controlled by permit and properly inspected. 7 12 . 03 . 020 DEFINITIONS 8 A. "Asphalt Street" means any street the surface of which is 9 paved with a mixture of rock, sand and asphalt cement, 10 including any of those which are commonly known as asphalt 11 pavement. 12 B. "Concrete gutter" means any gutter composed of portland cement 13 concrete. 14 C. "Concrete driveway" means any driveway paved with portland 15 cement concrete. 16 D. "Concrete street" means any street paved with portland cement 17 concrete. 18 E. "Curb" means any curb constructed of portland cement concrete. 19 F. "Encroachment" means to encroach upon, obstruct or close 20 any public street, alley, court, sidewalk or any portion 21 thereof within the City, for any purpose, including 22 construction, parking, sales, advertising or any private 23 usage of public right-of-way. 24 G. "Warning signs" shall conform to the requirements of the 25 "Manual of Traffic Controls" , current edition, published by 26 the State of California, and the "Work Area Traffic Control 27 28 Handbook (WATCH) , current edition as adopted by the City of San Bernardino. -3- 1 H. "Lights" shall conform to the requirements outlined in the 2 3 current edition of the "Manual of Traffic Controls", published by the State of California. 4 5 I. "Manhole" means any surface structure which is part of any underground system such as sewer, storm drain, water, gas, 6 ground pipes, or wire system, and shall have a surface cover 7 with an exposed area of one and one-half square feet or more 8 and shall also include such structures of record that may have 9 been overlaid with surfacing materials. 10 J. "New facility" means a new distribution line or new service 11 12 connection. Every attempt shall be made to use existing 13 service connections for proposed developments or redevelopments. In the event the distribution line or service 14 15 connection is inadequate to serve a development, new facility shall include the necessary increase in size of distribution 16 17 lines and service lines for the facility only and/or the 18 extension of service to reach the development. K. "Oiled street" means any street the surface of which is 19 20 composed of a mixture of one or more spray coats of road oil 21 with sand, compressed rock, or decomposed granite, or chemical 22 dust palliative, having a thickness of one inch or less. 23 L. "Property" means and includes any property, rail, ties, wire, 24 pipes, conduit, or any device, fixture, appliance, or 25 structure appurtenant thereto, installed, affixed or located 26 in or under any public street or public place in the City 27 whether so affixed, installed, or located under franchise, or otherwise. 28 -4- 1 M. "Prospect hole" means any hole made in a pavement, driveway, 2 or sidewalk by driving a metal bar, or drill into same for the 3 purpose of locating existing utility pipes, or conduits, or 4 leaks therefrom or for explorations as to soil type, depth to 5 groundwater, monitoring of groundwater or pollution or other 6 monitoring activities. 7 N. "Public place" means and includes a public place, public 8 square, public park, public playground, public court, public 9 building and grounds, public airport, and all public grounds 10 and places owned and maintained by the City. 11 O. "Public Street" means and includes a public street, public 12 easements, public right-of-way, public highway, public alley, 13 public way, or public road within the City. 14 P. "Rock and oil" means any street the surface of which is 15 composed of macadam pavement, or a mixture of rock, sand and 16 either road oil or liquid asphalt, having a total thickness of 17 more than one inch. 18 Q. "Unimproved street" means any street the surface of which is 19 composed of dirt, soil, sand, gravel, decomposed granite, or 20 similar materials in their natural state or a surface of 21 inbound or water-bound gravel, or decomposed granite. 22 R. "Valve/valve box/pull box" means any access via surface 23 structure which is part of any underground system such as 24 sewer, storm drain, water, gas, ground pipes, wire or cable 25 systems, and has a surface cover with a surface area of less 26 than 1-1/2 square feet. 27 12 . 03 . 030 NOTICE TO DISCONNECT OR REMOVE 28 Whenever the Director of Public Works/City Engineer determines -5- 1 that it is reasonable and necessary that any property located in or 2 under any public street, or public place in this City, owned, 3 maintained, or controlled by any person, be temporarily 4 disconnected, and reconnected, or permanently moved, relocated, or 5 removed from any public street, or other public place, in order 6 that the City, or other governmental agency, or instrumentality, 7 may most economically, under modern engineering and construction 8 methods install, construct, build, or erect any public improvement, 9 or works in or under any public street, the Director of Public 10 Works/City Engineer shall give timely written notice to the person 11 owning, maintaining, or controlling such property, to move, 12 relocate, or temporarily disconnect the same, as may be determined 13 by the City Engineer. 14 12 . 03 . 040 POWER TO REGULATE 15 A. The City shall adopt such regulations for the location, size, 16 depth, number of facilities to be accommodated, installation 17 and repair methods and surcharges for new or recently 18 rehabilitated public streets that may require excavations as 19 it may deem necessary for public welfare. The regulations are 20 intended to protect the public right-of-way and equitably 21 allocate available space. In the event a utility cannot 22 locate as directed by the City without violation of PUC 23 installation guidelines, then alternate alignments shall be 24 selected. 25 B. Whenever an excavation is made by tunneling under the surface 26 of the street, the City shall adopt such regulations and 27 require such inspections, as it may deem necessary to insure 28 full compliance with the other sections of the chapter. -6- 1 C. Whenever conduits are placed under City streets or in public 2 right-of-way, the City will require the owner/user to insure 3 the conduits can be located, with accuracy, by a reliable 4 method. This shall mean a horizontal location within 4 inches 5 and depth within 18 inches. 6 D. Plans shall be prepared and submitted that show the location, 7 depth and type of proposed facilities as well as other 8 existing underground utilities. Such plans shall be to scale 9 and no less than 1"=60' and shall show the right-of-way line, 10 curb lines and all known underground utilities, conduits or 11 buried wires. 12 F. City direction to relocate or locate in other positions to 13 clear existing or future facilities will be considered 14 mandatory and not merely recommendations. Failure to follow 15 approved plans will result in the facility being relocated as 16 directed at the cost of the owner. 17 12 . 03 . 050 NONINTERFERENCE WITH FRANCHISE RIGHTS 18 Nothing in this chapter shall be construed as interfering with 19 20 any rights granted to any persons, firm or corporation under and by 21 virtue of any franchise of the State of California or of the City 22 or to any rights granted in the future. 12 . 03 . 060 PERMIT APPLICATION 23 24 A. Every permit for any excavation or encroachment in or under 25 the surface of any street shall be granted subject to the 26 rights of this City, or any other person entitled thereto, to 27 make reasonable use of that part of the street for any purpose 28 for which the street may be lawfully used, consistent with the excavation and/or encroachment made pursuant to such permit. -7- 1 B. It is unlawful to remove material from or engage in 2 construction, repair or installation of conduits within any 3 street in such a manner as to render such street impassable or 4 dangerous to public travel. Closure of streets must be 5 approved in advance with approval of traffic detour plans 6 submitted in accordance with the guidelines prepared by the 7 Director of Public Works/City Engineer for the City of San 8 Bernardino. 9 C. It is unlawful for any person to make excavations or 10 encroachments in or under the surface of any street, sidewalk 11 or public place, for the installation, repair, or removal of 12 any pipe, conduit, duct, or tunnel, or for any other purpose 13 except the installation of poles and anchors serving overhead 14 lines without first: 15 1. Making and filing a written application with the Director 16 of Public Works/City Engineer a minimum of forty-eight 17 hours prior to starting any excavation or encroachment, 18 except any person, or firm holding a public utility 19 franchise in the City may, for emergency proposes only, 20 make and file a written application during the next 21 business day following the making of such emergency 22 excavations or encroachments. 23 2 . Receiving a written permit from the Director of Public 24 Works/City Engineer. 25 26 3 . Making a deposit or other acceptable security to cover 27 the cost of installation including: a. Inspection 28 b. Restoring the street or sidewalk to its original condition -8- 1 C. Restoring all signs, pavement markings, conduits, 2 cables, pipes to a condition acceptable to the City 3 using similar materials and methods to the original 4 d. Incidental expenses in connection therewith, as 5 hereinafter provided for. 6 D. Before issuing any permit provided for in this section, the 7 Director of Public Works/City Engineer shall require that a 8 written application be made and filed with the Department of 9 Public Works which shall provide the following: 10 1. Name and residence, or business address of applicant; 11 2 . A detailed description of the work, its location and 12 approximate area (in square feet) and the purpose for the 13 excavation (installation, repair, enhancement, etc. ) ; 14 3 . A plat of the proposed work not larger than 24 1lx36" nor 15 smaller than 8 1/2"x 11" and at a scale not smaller than 16 1"=60' showing the following: 17 a. Right of way lines 18 b. Curb lines, back of sidewalk, street lights, 19 traffic signal and boxes. 20 21 C. Location of proposed excavation including the length and width of the trench 22 d. North arrow and scale 23 24 e. Street names and cross street (even if shown with 25 broken centerline to nearest cross street) 26 f. ALL underground facilities with size, location and ownership based on a search of available records. 27 28 This is required for the full right-of-way width for lines going in the general direction of the -9- 1 street and for the length of the trench for 2 excavations generally perpendicular to the street. 3 g. Such other information as the Director of Public 4 Works/City Engineer may require. 5 No plats shall be required when excavations or 6 encroachments are made for service connections or for locating or repairing existing underground installations. 7 E. Applicant must show legal authority to occupy and use the 8 street, or sidewalk wherein the excavation/encroachment is 9 proposed to be made. 10 F. It is unlawful for any person to make any excavation, install 11 or maintain any tank, pipe, conduit, duct, or tunnel, in or 12 under the surface of any street, or sidewalk or public place, 13 at any location other than that described in the application, 14 and shown on the plats filed by such person. Any deviation in 15 location necessitated by actual field conditions shall be 16 corrected on the final plats and submitted to the Director of 17 Public Works/City Engineer as the AS CONSTRUCTED plats. 18 G. The Director of Public Works/City Engineer may require site 19 survey in order to insure accurate location of facilities as 20 deemed necessary to insure compliance with this section. 21 H. Those performing the work shall have a valid current City of 22 San Bernardino business registration and shall list the number 23 thereof on the application. The job superintendent as well as 24 the owners authorized representative shall also provide 24 25 hour emergency telephone numbers should problems be discovered 26 other than during normal working hours and shall list same on 27 the application. 28 -10- 1 I . The Director of Public Works/City Engineer may issue vehicle 2 parking permits that allow encroachment into time limited 3 parking areas for extended work periods. See section 4 12 . 03 . 090 5 12 . 03 .070 FEES 6 A. Before a right-of-way excavation/encroachment permit is 7 issued, the person making the application shall pay the City 8 a non-refundable right-of-way construction permit fee as 9 established by resolution. 10 B. Public utilities approved by the Director of Public Works/City 11 Engineer may obtain a right-of-way blanket permit for minor 12 work and emergency work. Applicants shall pay a non- 13 refundable blanket permit fee as established by resolution. 14 A blanket permit will be valid for TWELVE months from the date 15 of issuance. 16 17 Minor work is defined as cable location and repair, 18 constructing, modifying or abandoning individual service 19 connections, maintaining and/or operating existing facilities, 20 installing protection and electrical disconnecting equipment, 21 and other equivalent minor work within local residential 22 streets and easements. Construction or replacement of new 23 distribution and transmission facilities, work within arterial 24 or collector roads or highways, or any other activity not 25 construed to be minor work will require individual permits. 26 Emergency work is defined as work necessary to repair 27 damage to existing facilities and/or reestablish service. 28 Work done under a blanket permit shall not require submittal of detailed plans as required by Section 12. 30. 050 unless -11- 1 2 deemed necessary by the Director of Public Works/City Engineer. 3 C. Other public agencies may obtain a no fee preliminary permit 4 in order to complete the review process and obtain any permit 5 requirements. Prior to any work being done under this 6 preliminary permit, the person or contractor that will perform 7 the work must obtain a right-of-way permit and pay all 8 associated permit fees and deposits. 9 10 D. Applicants obtaining a permit for the purpose of installing 11 sewer laterals and making connection to existing sewer lines 12 will need to provide evidence (receipts) to the Director of 13 Public Works/City Engineer showing that Sewer Capacity Fees 14 (paid to the Water Department) and Sewer Connection Fees (paid 15 to the Planning/Building Safety Department) have been paid for the property being connected. 16 12 . 03 . 080 [Intentionally Left Blankl 17 12 . 03 . 090 ENCROACHMENT FOR LANE CLOSURE 18 A. Closure of traffic lanes on arterial and collector streets as 19 20 designated in the City's General Plan Circulation Element 21 shall be avoided between the morning and evening peak hours to 22 accommodate traffic operations. Generally, the period from 23 7 : 00 am to 8 : 30 am constitutes the morning peak and the period 24 from 3 : 30 pm to 5: 30 pm constitutes the evening peak. Peak 25 flow need only be addressed weekdays (Monday through Friday) . 26 B. Permits shall be required for excavations/encroachments that 27 will occur at the places and times specified in Paragraph A 28 and shall be assessed an additional fee, as determined by resolution, for each day of the closure or operation. -12- 1 C. Emergency closures shall not require an encroachment permit. 2 The owner/contractor completing the work shall notify the 3 Director of Public Works/City Engineer immediately by 4 telephone or telecopier or in person of such emergency 5 closures. As used in this section emergency means an actual, 6 threatened, or anticipated incident or situation which 7 seriously threatens the public health and safety. In the 8 event such emergency closures present a hazard or serious 9 impact on the travelling public, the owner/contractor shall 10 pay the City actual costs for traffic control officers, 11 personnel or equipment dispatched to correct the traffic 12 disruption. These actual cost shall be over and above any 13 blanket permit, lane closure or after the fact permit issued. 14 D. All traffic lane closures shall follow the advance warning and 15 safety signing as required by the WATCH manual or other 16 approved traffic control manual. Failure to comply with this 17 section shall constitute sufficient grounds for the City to 18 issue a stop work order. 19 E. Projects involving the use of "Rule 20" funds or being done at 20 the request of the City in relation to other ongoing City 21 projects are exempt from the provisions of this section. 22 12 . 03 . 100 INSPECTION AND PLAN REVIEW - DEPOSIT 23 24 A. Before excavation/encroachment permits are issued, a deposit 25 to cover the estimated cost of the inspection, plan review and 26 repair/replacement costs shall be paid to the City. Franchise 27 holders who have repair/replacement language within the 28 franchise agreement need only provide inspection and plan review fees. Both inspection and plan review will be charged -13- 1 as a percentage of the estimated construction cost with a 2 minimum basic fee to cover administrative costs associated 3 with the permit and plan review/inspections. Public utilities 4 performing work under a blanket permit, in lieu of providing 5 the inspection and plan review deposit, shall be billed 6 quarterly for costs based on construction activities and plan 7 reviews conducted for the public utilities, by the City, in 8 public rights-of-way and public places. 9 B. Plan reviews shall be submitted to the Department of Public 10 Works for review and comment. Two (2) plans shall be 11 submitted and no permits shall be issued or construction 12 started, until the plan review has been completed and plans 13 approved. 14 C. No portion of the deposit shall be returned until all work has 15 been satisfactorily completed and all markings, signs, 16 conduits and systems are returned to working order or replaced 17 in kind. This shall also include the removal of pavement 18 markings made to locate underground utilities and facilities 19 and used by the contractor for construction purposes. The 20 street shall be returned to a condition that reflects no 21 evidence of the construction activities. Depending on the 22 location of and direction of the excavation, the contractor 23 may be required to pave to limits of 2 foot each side of the 24 trench, from the curb to the first lane line, a full lane 25' width, a full half street section or the entire street section 26 27 should the trench be skewed or impact both sides of the 28 street. Surface treatments such as chip seal, slurry seal may -14- 1 be considered based on the condition of the street and area of 2 the patch. 3 12 . 03 . 110 BONDS, INSURANCE, DEPOSITS 4 A. Notwithstanding provisions of Streets and Highways Code 5 Section 1468 , before an excavation/encroachment permit is 6 issued, a deposit in an amount as determined by the Director 7 of Public Works/City Engineer shall be paid to the City for 8 damages and as indemnity for any damages, which may be caused 9 by the permitted excavation or obstruction; or in lieu of such 10 deposit, post security in a form approved by the City 11 Attorney. Security shall indemnify the City for any damages 12 and shall be further conditioned upon the compliance by the 13 applicant with all provisions of this Chapter. Such deposit 14 shall be for 100 percent of the estimated construction cost, 15 as determined by the Director of Public Works/City Engineer, 16 to guarantee faithful performance of all work, in a manner 17 satisfactory to the City, and that all materials and 18 workmanship will be free from original or developed defects. 19 The deposit will remain in effect until the end of all 20 21 warranty periods set forth in this Chapter. Changes in the 22 work or extensions of time, shall in no way release the 23 applicant or surety from its obligations. 24 B. Applicant shall furnish to the City a policy or certificate of 25 liability insurance in which the City is the named insured or 26 is named as an additional insured with the applicant. 27 Franchised utilities doing work with their own forces shall 28 not be required to submit insurance certifications or policies. Notwithstanding any inconsistent statement in the -15- 1 2 policy or any subsequent endorsement, the City shall be the 3 insured or as an additional insured covering the work whether 4 liability is attributable to the applicant or the City. The 5 policy shall insure the City, its officers, employees, and 6 agents, while acting within the scope of their duties on the 7 permit, against all claims arising out of or in connection 8 with the work. Coverage shall be in accordance with the 9 current edition of the Standard Specifications for Public 10 Works Construction (Green Book) Section 7-3 . The applicant 11 shall indemnify, defend, and hold harmless the City, its 12 officers and agents from all damages, costs or expenses in law 13 or equity that may at any time arise or be set up because of 14 damages to property, or of personal injury received by reason 15 or in the course of performing work, which may be caused by 16 any willful or negligent act or omission by the applicant, or 17 any of the applicant's employees or contractors. The City 18 will not be liable for any accident, loss or damage to the 19 work prior to its completion and acceptance. 20 All liability insurance policies shall bear an 21 endorsement or shall have attached a rider whereby it is 22 provided that, in the event of expiration or proposed 23 cancellation of such policies for any reason whatsoever, the 24 City shall be notified by registered mail, return receipt 25 requested, giving a sufficient time before the date thereof to 26 comply with any applicable law or statute, but in no event 27 less than 30 days before expiration or cancellation is 28 effective. -16- 1 The applicant shall be required, on the permit, to affirm that 2 they have a certificate of consent to self-insure, or a 3 certificate of Worker's Compensation Insurance, or a certified 4 copy thereof. (Sec 3800, Labor Code) or sign a certificate of 5 exemption from worker's compensation insurance (work over $100 6 valuation) . Said certification shall certify the applicant 7 shall not employ any person in any manner so as to be come 8 subject to the worker's compensation laws of California in the 9 performance of the work. After making such certification, 10 should the applicant become subject to worker's compensation 11 provisions of the Labor Code, applicant must forthwith comply 12 with same or the permit shall be deemed revoked. 13 C. Owner occupants or owner builders shall not be required to 14 provide said insurance certificates for work with a value 15 under $5, 000 . 00. Owner occupants or owner builders shall 16 however be bound by the provisions of Paragraph B as it 17 relates to hold harmless and liability for accident, loss or 18 19 damage to property or for personal injury. Signature upon the 20 application will provide understanding and acceptance of the 21 liability exposure for work done by owner occupants or owner builders. 22 23 Owner/builders shall declare that they are exempt from the 24 Contractor's License Law and as the owner of the property or 25 their employees with wages as their sole compensation, will do the work and it is not intended or offered for sale. 26 27 Contractor's License Law does not apply to an owner of 28 property who builds or improves thereon and who does such work themselves or through their own employees, provided that such -17- 1 improvements are not intended or offered for sale. If 2 however, the improvement is sold within one year of 3 completion, the owner-builder will have the burden of proving 4 that they did not build or improve for the purpose of sale. 5 D. Notwithstanding any provision in this Chapter to the contrary, 6 a contractor who has been awarded a competitive bid by the 7 City for a public project involving street excavation or 8 cutting shall not be required to file a bond or special 9 deposit under Section 12 . 02 . 110 to cover the cost of repairing 10 or replacement of street surface excavated or damaged, 11 provided that his bid documents or contract require that they 12 perform such street repair or replacement as a part of the 13 awarded project and that they do so perform in a manner 14 satisfactory to the Director of Public Works/City Engineer and 15 in accordance with all provisions of this section. 16 E. An agreement between the Redevelopment Agency and the City in 17 a form satisfactory to the City Attorney unconditionally 18 providing and guaranteeing that the agency provide and pay for 19 those excavations/encroachments and other costs required 20 21 pursuant to the provisions of this section may be filed with 22 the Director of Public Works/City Engineer as security in lieu 23 of the bond, cash or certificate of deposit whenever the 24 excavation/encroachment are located in a redevelopment project 25 area and the agreement recites that the excavations/encroach- 26 ments are in compliance with the redevelopment plan for the 27 area and in furtherance of the public interest in promoting 28 public or private development. -18- 1 12 . 03 . 120 NOTIFICATIONS AND GUIDELINES 2 3 A. Twenty-four (24) hours prior to commencing any work within any 4 public right-of-way or public place, the applicant shall 5 notify the Department of Public Works Field Engineering 6 Section to arrange for inspection service. All work shall be 7 performed under the inspection and authority of the Director 8 of Public Works/City Engineer or their authorized 9 representative and shall comply with this Chapter and the 10 policy concerning excavations/encroachments. B. It is unlawful for any person to make any excavations in any 11 12 street or sidewalk without maintaining safe crossings for 13 vehicle traffic at all street intersections, alleys, and 14 private driveways, and safe crossing for pedestrians at intervals of not more than three hundred feet. 15 16 If any excavation is made across any street or alley, at 17 least one safe crossing shall be maintained at all times for 18 vehicles and pedestrians. 19 Free access must be provided and maintained to all fire 20 hydrants and water valves. 12 . 03 . 130 COMPLETION OF WORK AND NON-CONFORMING WORK 21 22 A. After work under the permit is commenced, the completion of 23 said work shall be prosecuted with due diligence, and so as 24 not to obstruct any street, alley, sidewalk or public place, 25 or travel thereon more than is actually necessary. If the 26 work is not so prosecuted, or if the work does not, in the 27 judgement of the Director of Public Works/City Engineer, 28 comply with the terms of this chapter, the Director of Public Works/City Engineer shall notify the applicant, in writing, -19- 1 2 that the work is not being prosecuted with*the due diligence, 3 or that the work has not been properly done, and require the 4 applicant, within three days after service of such notice, to 5 proceed with the diligent prosecution of said work or properly 6 complete the same, as the case may be. If such notice is not 7 complied with, the Director of Public Works/City Engineer 8 shall do whatever work is necessary to restore the street, 9 alley, sidewalk or public place to as good a condition as the 10 same was in before work began. 11 The applicant shall be responsible for all costs incurred 12 in the restoration and enforcement actions required by the 13 City to accomplish provisions of paragraph A above. 14 12 . 03 . 140 WARRANTY OF WORK - NOTICE - REPAIR BY City 15 A. The applicant shall be deemed and held to warrant all work for 16 the period of one year, or as specified in franchise 17 documents, after completion of said work against all defects 18 in workmanship or materials. Whenever within said period of 19 one year any pubic improvement so warranted becomes in need of 20 repairs, by reason of any defect in workmanship or material 21 done or used in said work, the Director of Public Works/City 22 Engineer shall serve on the applicant written notice stating 23 what repairs are necessary and requiring such repairs to be 24 made within three days after receipt of said notice. If the 25 notice is not complied with, the Director of Public Works/City 26 Engineer shall proceed to make such repairs. 27 The applicant shall be responsible for all costs 28 including materials, labor and administration necessary to repair or replace defective work. Such funds shall be -20- 1 2 withheld from the bonds or security deposit made by the 3 applicant until reimbursement is made or other acceptable 4 arrangement for payment have been established. 5 12 . 03 . 150 ABANDONMENT OF FACILITIES 6 A. When abandonment of existing facilities is contemplated, the 7 utility shall make every effort to utilize the current 8 alignment and location for the proposed new facilities thereby 9 preserving the available right-of-way. In the event this is 10 impractical or technically infeasible, the owner/user shall be 11 responsible for the removal of the abandoned facility. 12 B. Removal of abandoned facilities may be done at the time new 13 facilities are installed or may be deferred until such time as 14 the abandoned facility conflicts with proposed new development 15 or installation of any new facilities. It shall be the 16 responsibility of the owner to coordinate the removal and 17 disposal of the abandoned facilities with the contractor 18 making the new improvements. The owner shall be fully 19 responsible for the disposal of the ducts, conduits, 20 conductors, pipes, fittings and all other portions of the 21 abandoned work and for any hazardous materials that may be 22 present in any of the abandoned facilities. Should 23 contamination be evident in the surrounding soils, the owner 24 shall take all necessary steps to mitigate the contamination. 25 C. The owner shall maintain records of such abandoned facilities 26 and shall show such abandoned facilities on any requests to 27 locate facilities when there is a reasonable expectation of 28 conflict with the proposed construction. They shall be -21- Or1YYWYIii'Y'Ylii __. _ 1 clearly designated as abandoned and upon request, information 2 on the material present shall be supplied. 3 12 . 03 . 160 PERMIT EXPIRATION 4 A. If after a permit has been issued to do work under the 5 provisions of this chapter, the construction of the work has 6 not commenced within sixty days after the date thereof or 7 other date set forth on the permit, then such permit shall be 8 void and before work may be commenced a new permit shall be 9 issued and the usual fee paid therefor. Applicant may request 10 an extension to permits for consideration of the Director of 11 Public Works/City Eningeer but such requests shall be in 12 writing and made prior to the 60 day expiration date. The 13 request shall state the reasons for the extension, the 14 duration of the extension request and shall provide 15 justification for not beginning the work within the first 60 16 days. 17 18 Deposits made on the value of the work may be released 19 upon request of the applicant and evidence of the permit 20 termination. Fees for plan review and any inspection time 21 spent will not be reimbursed nor applied to re-submittal of the same area for reconsideration. 22 23 B. Preliminary permits that have been issued to a public agency 24 under the provisions of this chapter but for which an 25 Excavation/Encroachment permit has not been issued or work 26 commenced within one (1) year of issuance of the Preliminary 27 permit, or other date set forth on the permit, shall become 28 void. Re-submittal of the preliminary permit will be required to reactivate the process. -22- 1 2 C. Permits for encroachments into public right-of-way shall not 3 be for any period longer than thirty days from the day of 4 granting thereof. 5 12 . 03 . 170 VIOLATION - PENALTY 6 A. Any person violating any provision of this chapter is guilty 7 of a misdemeanor, which upon conviction thereof is punishable 8 in accordance with the provisions of Section 1. 12.010 of this 9 Code. In addition to any other remedies in this chapter, the 10 enforcement of the penal provisions shall not constitute a bar 11 to the exercise by this City of all other power conferred upon 12 it by this chapter; and the exercise by the City of the powers 13 herein conferred upon it by this chapter does not constitute 14 a bar to criminal prosecution for the violation of the penal 15 provisions of this chapter. 16 17 18 19 20 21 22 23 24 25 26 27 28 -23- 1 2 RESO: ORDINANCE OF THE City OF SAN BERNARDINO AMENDING TITLE 12, 3 BY REPEALING CHAPTERS 12 . 04 AND 12 . 08 OF THE S BERNARDINO MUNICIPAL CODE ENTITLED "EXCAVATIONS" AN 4 "ENCROACHMENTS" TO REVISE PROCEDURES RELATING TO PERMITIC FOR EXCAVATIONS AND ENCROACHMENTS INTO PUBLIC RIGHT-OF-WA 5 BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT-OF-WAY PERMITS EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 6 I HEREBY CERTIFY that the foregoing resolution was duly 7 adopted by the Mayor and Common Council of the City of Sa 8 Bernardino at a meeting thereof, held on the 9 day of 1997, by the following vote, to-wit: 10 Council Members: AYES NAYS ABSTAIN ABSENT 11 NEGRETE 12 CURLIN 13 ARIAS 14 OBERHELMAN 15 DEVLIN 16 ANDERSON 17 MILLER 18 19 RACHEL CLARK, City Clerk 20 The foreoing resolution is hereby approved this day 21 of , 1997 . 22 23 TOM MINOR, Mayor 24 City of San Bernardino 25 Approved as to form and legal content: 26 James F. Penman 27 City Attorney 28 By -24-