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HomeMy WebLinkAbout21- Public Works AARDINO - REQUEST FOR COUNCIL ACTION File No. 6 . 50 Adoption of Ordinance Amending AVE Subject: Chapter 12 of SBMC - Right of Way Permits, Excavations and Tenpo- r. CO,PV rary Encroachnents )uncil action: otion of Ordinance 1879 1978 - Adoption of Ordinance 1983 MC-3767 otion of Ordinance 2742 1981 - Adoption of Ordinance IIC-75 otion of Ordinance 2122 1984 Adoption of Ordinance MC-344 ption of Ordinance MC-75 1985 -- Adoption of Ordinance I-1C-460 ption of Ordinance 2805 1990 Adoption of Ordinance IIC-711 ption of Ordinance 2883 and MC-729 2910 ption of Ordinance 2981 7-21-97 - Referred to Legislative � ption of Ordinance 3099 Review Connittee 3107 9-22-97 - Recommended adoption of proposed ordinance. -d ordinance be laid over for final adoption. ` SEP 2 4 1987 AF lson =an ignature Gene R. Klatt Phone: 5125 ied: Staff Report & Ordinance Ward: All :MENTS: Amount: N/A Source: (Acct No ) \ (Acct Description) Finance: - Ordinance Laid Over Agenda Item No. 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 stre_e_t­s­,__a_n__d consolidat 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 . 9-22-97 75.0264 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. A motion was adopted at the Council meeting of 7-21-97 to refer the proposed ordinance to the Legislative Review Committee. The Committee reviewed the proposed ordinance on 8-11-97 , and continued it for about 30 days, in order to afford the utility companies an opportunity to review the latest revisions. At their meeting of 9-08-97 , the Committee indicated their concurrence and directed. that the final draft be brought back for this review, and a recommendation to the Mayor and Council. The final draft was reviewed at the meeting of 9-22-97 , and approved with one very minor revision. We recommend that the ordinance be approved. 9-22-97 1 2 CHAPTER 12.03 3 RIGHT-OF-WAY PERMITS 4 EXCAVATIONS AND TEMPORARY ENCROACHMENTS 5 12 .03 . 010 Findings 6 12 .03 .020 Definitions 7 12 . 03 . 030 Notice to Disconnect or Remove 8 12 . 03 . 040 Power to Regulate 9 12. 03 . 050 Noninterference with Franchise Rights 10 12 . 03 . 060 Permit Application 11 12 . 03 . 070 Fees 12 12 . 03 . 080 [Intentionally Left Blank] 13 12 . 03 . 090 Encroachment for Lane Closure 14 12 . 03 . 100 Inspection and Plan Review - Deposit 15 12 . 03 . 110 Bonds, Insurance, Deposits 16 12 . 03 . 120 Notifications and Guidelines 17 12 . 03 . 130 Completion of Work and Non-conforming Work 18 12 . 03 . 140 Warranty of Work - Notice - Repair by City 19 12 . 03 . 150 Abandonment of Facilities 20 12 .03 . 160 Permit Expiration 21 12 . 03 . 170 Violations - Penalty 22 23 24 25 26 27 28 -1- 1 ORDINANCE NO 2 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY RE- PEALING CHAPTERS 12 . 04 AND 12.08 OF THE SAN BERNARDINO MUNICIPAL 3 CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCE- DURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO 4 PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT-OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 5 THE MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO DO OR- 6 DAIN AS FOLLOWS: 7 SECTION 1. Chapter 12 . 03 is hereby added to the San Bernardino 8 Municipal Code to read as follows: 9 1112 . 03 . 010 FINDINGS 10 A. Increasing public demand for services has prompted the expan- 11 sion and installation of new above and below ground facilities 12 offered throughout the City street and public right-of-way 13 system. 14 B. Increased usage of the public right-of-way has created conges- 15 tion both above and below ground and created competition for 16 the available space. 17 C. Congestion in the underground portions of the street right-of- 18 way has created conflicts between the various users in that 19 the first users take the available space leaving little or no 20 room for other users. In some cases, the City is prevented 21 from installing needed expansions to water lines, sewers, or 22 storm drains due to other users taking planned space for their 23 own facilities. 24 D. Continued use of public right-of-way has caused the degrad- 25 ation of existing pavements and in some cases has been the 26 cause of damage or degradation to recently constructed or 27 rehabilitated pavements, traffic signal loops, and pavement 28 markings. -2- 1 E. It is the intent of the City of San Bernardino to preserve its 2 right to install expansions to its own systems, protect 3 investments in capital street improvements and prevent overuse 4 of the public right-of-way that would hamper proper mainten- 5 ance and operations of facilities. 6 F. Continued excavations and encroachments into the public right- 7 of-way disrupt the travelling public as well as the business 8 operators and pose potential safety hazards unless controlled 9 by permit and properly inspected. 10 G. A public utility franchise, granted by the State of California 11 or the City of San Bernardino is a contract granting special 12 privileges to use public rights-of-way. It is not intended 13 that this ordinance impose additional rules and regulations 14 upon the public utilities or confer authority to the City that 15 conflicts with rights granted by existing franchise agree- 16 ments, the State's public utilities code or jurisdiction of 17 the California Public Utilities Commission. 18 12 . 03 . 020 DEFINITIONS 19 A. "Asphalt Street" means any street the surface of which is 20 paved with a mixture of rock, sand and asphalt cement, includ- 21 ing any of those which are commonly known as asphalt pave- 22 ment. 23 B. "Concrete gutter" means any gutter composed of Portland Cement 24 Concrete. 25 C. "Concrete driveway" means any driveway paved with Portland 26 Cement Concrete. 27 D. "Concrete street" means any street paved with Portland Cement 28 Concrete. -3- I E. "Curb" means any curb constructed of Portland Cement Concrete. 2 F. "Encroachment" means to encroach upon, obstruct or close 3 any public street, alley, court, sidewalk or any portion 4 thereof within the City, for any purpose, including con- 5 struction, parking, sales, advertising or any private 6 usage of public right-of-way. 7 G. "Warning signs" shall conform to the requirements of the "Man- 8 ual of Traffic Controls" , current edition, published by the 9 State of California, and the "Work Area Traffic Control Hand- 10 book (WATCH) , current edition as adopted by the City of San 11 Bernardino. 12 H. "Lights" shall conform to the requirements outlined in the 13 current edition of the "Manual of Traffic Controls", published 14 by the State of California. 15 I. "Manhole" means any surface structure which is part of any 16 underground system such as sewer, storm drain, water, gas, 17 ground pipes, or wire system, and shall have a surface cover 18 with an exposed area of one and one-half square feet or more 19 and shall also include such structures of record that may have 20 been overlaid with surfacing materials. 21 J. "New facility" means a new distribution line or new service 22 connection. Every attempt shall be made to use existing ser- 23 vice connections for proposed developments or redevelopments. 24 In the event the distribution lane or service connection is 25 inadequate to serve a development, new facility shall include 26 the necessary increase in size of distribution lines and ser- 27 vice lines for the facility only and/or the extension of ser- 28 vice to reach the development. -4- 1 K. "Oiled street" means any street, the surface of which is com- 2 posed of a mixture of one or more spray coats of road oil with 3 sand, compressed rock, or decomposed granite, or chemical dust 4 palliative, having a thickness of one inch or less. 5 L. "Property" means and includes any property, rail, ties, wire, 6 pipes, conduit, or any device, fixture, appliance, or struc- 7 ture appurtenant thereto, installed, affixed or located in or 8 under any public street or public place in the City whether 9 so affixed, installed, or located under franchise, or other- 10 wise. 11 M. "Prospect hole" means any hole made in a pavement, driveway, 12 or sidewalk by driving a metal bar, or drill into same for the 13 purpose of locating existing utility pipes, or conduits, or 14 leaks therefrom or for explorations as to soil type, depth to 15 groundwater, monitoring of groundwater or pollution or other 16 monitoring activities. 17 N. "Public place" means and includes a public place, public 18 square, public park, public playground, public court, public 19 building and grounds, public airport, and all public grounds 20 and places owned and maintained by the City. 21 O. "Public Street" means and includes a public street, public 22 easements, public right-of-way, public highway, public alley, 23 public way, or public road within the City. 24 P. "Rock and oil" means any street, the surface of which is com- 25 posed of macadam pavement, or a mixture of rock, sand and 26 either road oil or liquid asphalt, having a total thickness of 27 more than one inch. 28 -5- 1 Q. "Unimproved street" means any street, the surface of, which is 2 composed of dirt, soil, sand, gravel, decomposed granite, or 3 similar materials in their natural state or a surface of in- 4 bound or water-bound gravel, or decomposed granite. 5 R. "Valve/valve box/pull box" means any access via surface struc- 6 ture which is part of any underground system such as sewer, 7 storm drain, water, gas, ground pipes, wire, or cable 8 systems, and has a surface cover with a surface area of less 9 than 1-1/2 square feet. 10 S. "Facility" means physical structure of facility, not what is 11 contained in the facility. Where protected by PUC regula- 12 tions, it is not required to disclose type of conductors or 13 contents of the physical structure of the facility. 14 12 . 03 . 030 NOTICE TO DISCONNECT OR REMOVE 15 Whenever the Director of Public Works/City Engineer determines 16 that it is reasonable and necessary that any property located in or 17 under any public street, or public place in this City, owned, main- 18 tained, or controlled by any person, be temporarily disconnected, 19 and reconnected, or permanently moved, relocated, or removed from 20 any public street, or other public place, in order that the City, 21 or other governmental agency, or instrumentality, may most economi- 22 cally, under modern engineering and construction methods install, 23 construct, build, or erect any public improvement, or works in or 24 under any public street, the Director of Public Works/City Engineer 25 shall give timely written notice to the person owning, maintaining, 26 or controlling such property, to move, relocate, or temporarily 27 disconnect the same, as may be determined by the City Engineer. 28 -6- 1 12 .03 .040 POWER TO REGULATE 2 A. The City shall adopt such regulations for the location, size, 3 depth, number of facilities to be accommodated, installation 4 and repair methods and surcharges for new or recently rehabil- 5 itated public streets that may require excavations as it may 6 deem necessary for public welfare. The regulations are 7 intended to protect the public right-of-way and equitably 8 allocate available space. In the event a utility cannot 9 locate as directed by the City without violation of PUC in- 10 stallation guidelines, then alternate alignments shall be 11 selected. 12 B. Whenever an excavation is made by tunneling under the surface 13 of the street, the City shall adopt such regulations and re- 14 quire such inspections, as it may deem necessary to insure 15 full compliance with the other sections of this chapter. 16 C. Whenever conduits are placed under City streets or in public 17 rights-of-ways, the City will require the owner/user to insure 18 the conduits can be located, with accuracy, by a reliable 19 method. This shall mean a horizontal location within 4 inch- 20 es and depth within 18 inches. 21 D. Plans shall be prepared and submitted that show the location, 22 depth and type of proposed facilities, as well as other exist- 23 ing underground utilities. Such plans shall be to scale and 24 no less than 1"=60' and shall show the right-of-way line, curb 25 lines and all known underground utilities, conduits or buried 26 wires. 27 28 -7- 1 E. City direction to relocate or locate in other positions to 2 clear existing or future facilities will be considered manda- 3 tory and not merely recommendations. Failure to follow ap- 4 proved plans will result in the facility being relocated as 5 directed at the cost of the Owner. 6 12 . 03 . 050 NONINTERFERENCE WITH FRANCHISE RIGHTS 7 Nothing in this chapter shall be construed as interfering with 8 any rights granted to any persons, firm or corporation under and by 9 virtue of any franchise of the State of California or of the City 10 or to any rights granted in the future. 11 12 . 03 . 060 PERMIT APPLICATION 12 A. Every permit for any excavation or encroachment in or under 13 the surface of any street shall be granted subject to the 14 rights of this City, or any other person entitled thereto, to 15 make reasonable use of that part of the street for any purpose 16 for which the street may be lawfully used, consistent with the 17 excavation and/or encroachment made pursuant to such permit. 18 B. It is unlawful to remove material from or engage in construc- 19 tion, repair or installation of conduits within any street in 20 such a manner as to render such street impassable or dangerous 21 to public travel. Closure of streets must be approved in 22 advance with approval of traffic; detour plans submitted in 23 accordance with the guidelines prepared by the Director of 24 Public Works/City Engineer for the City of San Bernardino. 25 C. It is unlawful for any person to make excavations or encroach- 26 ments in or under the surface of any street, sidewalk or pub- 27 lic place, for the installation, repair, or removal of any 28 -8- 1 pipe, conduit, duct, or tunnel, or for any other purpose ex- 2 cept the installation of poles and anchors serving overhead 3 lines without first: 4 1. Making and filing a written application with the Director 5 of Public Works/City Engineer a minimum of forty-eight 6 hours prior to starting any excavation or encroachment, 7 except any person, or firm holding a public utility fran- 8 chise in the City may, for emergency proposes only, make 9 and file a written application during the next business 10 day following the making of such emergency excavations 11 or encroachments. 12 2 . Receiving a written permit from the Director of Public 13 Works/City Engineer. 14 3 . Making a deposit or other acceptable security to cover 15 the cost of installation including: 16 a. Inspection 17 b. Restoring the street or sidewalk to its original 18 condition. 19 C. Restoring all signs, pavement markings, conduits, 20 cables, pipes to a condition acceptable to the City 21 using similar materials and methods to match the 22 original improvements. 23 d. Incidental expenses in connection therewith, as 24 hereinafter provided for. 25 D. Before issuing any permit provided for in this section, the 26 Director of Public Works/City Engineer shall require that a 27 written application be made and filed with the Department of 28 Public Works which shall provide the following: -9- 1 1. Name and residence, or business address of applicant; 2 2 . A detailed description of the work, its location and 3 approximate area (in square feet) and the purpose for the 4 excavation (installation, repair, enhancement, etc. ) ; 5 3 . A plat of the proposed work not larger than 24 11x36" nor 6 smaller than 8-1/2"x 11" and at a scale not smaller than 7 1"=60' showing the following: 8 a. Right-of-way lines 9 b. Curb lines, back of sidewalk, street lights, traf- 10 fic signal and boxes. 11 C. Location of proposed excavation including the 12 length and width of the trench 13 d. North arrow and scale 14 e. Street names and cross street (even if shown with 15 broken centerline to nearest cross street) 16 f. ALL underground facilities with size, location and 17 ownership based on a search of available records. 18 This is required for the full right-of-way width 19 for lines going in the general direction of the 20 street and for the length of the trench for excava- 21 tions generally perpendicular to the street. 22 g. Such other information as the Director of Public 23 Works/City Engineer may require. 24 No plats shall be required when excavations or encroach ments are made for service connections, or for locating 25 or repairing existing underground installations 26 E. Applicant must show legal authority to occupy and use the 27 street, or sidewalk wherein the excavation/encroachment is 28 proposed to be made. -10- 1 F. It is unlawful for any person to make any excavation, install 2 or maintain any tank, pipe, conduit, duct, or tunnel, in or 3 under the surface of any street, or sidewalk or public place, 4 at any location other than that described in the application, 5 and shown on the plats filed by such person. Any deviation in 6 location necessitated by actual field conditions shall be 7 corrected on the final plats and submitted to the Director of 8 Public Works/City Engineer as the AS CONSTRUCTED plats. 9 G. The Director of Public Works/City Engineer may require site 10 survey in order to insure accurate location of facilities as 11 deemed necessary to insure compliance with this section. 12 H. Those performing the work shall have a valid current City of 13 San Bernardino business registration and shall list the number 14 thereof on the application. The job superintendent, as well 15 as the owner's authorized representative, shall also provide 16 24 hour emergency telephone numbers should problems be discov- 17 ered other than during normal working hours and shall list 18 same on the application. 19 I. The Director of Public Works/City Engineer may issue vehicle 20 parking permits that allow encroachment into time limited 21 parking areas for extended work periods. See Section 22 12 . 03 . 090. 23 12 . 03 . 070 FEES 24 A. Before a right-of-way excavation/encroachment permit is is- 25 sued, the person making the application shall pay the City a 26 non-refundable right-of-way construction permit fee as estab- 27 lished by resolution. 28 -11- I B. Public utilities approved by the Director of Public Works/City 2 Engineer may obtain a right-of-way blanket permit for minor 3 work and emergency work. Applicants shall pay a non-refund- 4 able blanket permit fee as established by resolution. A blan- 5 ket permit will be valid for TWELVE months from the date of 6 issuance. 7 Minor work is defined as cable location and repair, construct- 8 ing, modifying or abandoning individual service connections, 9 maintaining and/or operating existing facilities, installing 10 protection and electrical disconnecting equipment, and other 11 equivalent minor work within local residential streets and 12 easements. Construction or replacement of new distribution 13 and transmission facilities, work within arterial or collector 14 roads or highways, or any other activity not construed to be 15 minor work will require individual permits. 16 Emergency work is defined as work necessary to repair 17 damage to existing facilities and/or reestablish service. 18 Work done under a blanket permit shall not require submittal 19 of detailed plans as required by Section 12 . 30. 050 unless 20 deemed necessary by the Director of Public Works/City Engi- 21 neer. 22 C. Other public agencies may obtain a no fee preliminary permit 23 in order to complete the review process and obtain any permit 24 requirements. Prior to any work being done under this prelim- 25 inary permit, the person or contractor that will perform the 26 work must obtain a right-of-way permit and pay all associated 27 permit fees and deposits. 28 -12- 1 D. Applicants obtaining a permit for the purpose of installing 2 sewer laterals and making connection to existing sewer lines 3 will need to provide evidence (receipts) to the Director of 4 Public Works/City Engineer showing that Sewer Capacity Fees 5 (paid to the Water Department) and Sewer Connection Fees (paid 6 to the Planning/Building Safety Department) have been paid for 7 the property being connected. 8 12 . 03 . 080 [Intentionally Left Blankl 9 12 . 03 . 090 ENCROACHMENT FOR LANE CLOSURE 10 A. Closure of traffic lanes on arterial and collector streets as 11 designated in the City's General Plan Circulation Element 12 shall be avoided between the morning and evening peak hours to 13 accommodate traffic operations. Generally, the period from 14 7: 00 am to 8: 30 am constitutes the morning peak and the period 15 from 3 :30 pm to 5:30 pm constitutes the evening peak. Peak 16 flow need only be addressed weekdays (Monday through Friday) . 17 B. Permits shall be required for excavations/encroachments that 18 will occur at the places and times specified in Paragraph A 19 and shall be assessed an additional fee, as determined by 20 resolution, for each day of the closure or operation. 21 C. Emergency closures shall not require an encroachment permit. 22 The owner/contractor completing the work shall notify the 23 Director of Public Works/City Engineer immediately by tele- 24 phone or telecopier or in person of such emergency closures. 25 As used in this section emergency means an actual, threatened, 26 or anticipated incident or situation which seriously threatens 27 the public health and safety. In the event such emergency 28 closures present a hazard or serious impact on the travelling -13- I public, the owner/contractor shall pay the City actual costs 2 for traffic control officers, personnel or equipment dis- 3 patched to correct the traffic disruption. These actual cost 4 shall be over and above any blanket permit, lane closure or 5 after the fact permit issued. 6 D. All traffic lane closures shall follow the advance warning and 7 safety signing as required by the WATCH manual or other ap- 8 proved traffic control manual. Failure to comply with this 9 section shall constitute sufficient grounds for the City to 10 issue a stop work order. 11 E. Projects involving the use of "Rule 20" funds or being done at 12 the request of the City in relation to other ongoing City 13 projects are exempt from the provisions of this section. 14 12 . 03 . 100 INSPECTION AND PLAN REVIEW - DEPOSIT 15 A. Before excavation/encroachment permits are issued, a deposit 16 to cover the estimated cost of the inspection, plan review and 17 repair/replacement costs shall be paid to the City. Franchise 18 holders who have repair/replacement language within the fran- 19 chise agreement or who have previously undertaken all repair/ 20 replacement obligations need only provide inspection and plan 21 review fees. Both inspection and plan review will be charged 22 as a percentage of the estimated construction cost with a 23 minimum basic fee to cover administrative costs associated 24 with the permit and plan review/inspections. Public utilities 25 performing work under a blanket permit, in lieu of providing 26 the inspection and plan review deposit, shall be billed quar- 27 terly for costs based on construction activities and plan 28 -14- 1 reviews conducted for the public utilities, by the City, in 2 public rights-of-way and public places. 3 B. Plan reviews shall be submitted to the Department of Public 4 Works for review and comment. Two (2) plans shall be submit- s ted and no permits shall be issued or construction started, 6 until the plan review has been completed and plans approved. 7 C. No portion of the deposit for repair/replacement costs shall 8 be returned until all work has been satisfactorily completed 9 and all markings, signs, conduits and systems are returned to 10 working order or replaced in kind. This shall also include 11 the removal of pavement markings made to locate underground 12 utilities and facilities and used by the contractor for con- 13 struction purposes. The street shall be returned to a condi- 14 tion that reflects no evidence of the construction activities. 15 Depending on the location of and direction of the excavation, 16 the contractor may be required to pave to limits of 2 feet 17 each side of the trench, from the curb to the first lane line, 18 a full lane width, a full half street section or the entire 19 street section should the trench be skewed or impact both 20 sides of the street. Surface treatments such as chip seal, 21 slurry seal may be considered based on the condition of the 22 street and area of the patch. 23 12 . 03 . 110 BONDS , INSURANCE, DEPOSITS 24 A. Except as provided in the Streets and Highways Code Section 25 1468, before an excavation/encroachment permit is issued, a 26 deposit in an amount of the estimated construction cost, as 27 determined by the Director of Public Works/City Engineer, 28 shall be paid to the City for damages and as indemnity for any -15- 1 damages, which may be caused by the permitted excavation or 2 obstruction; or in lieu of such deposit, post security in a 3 form approved by the City Attorney. Security shall indem- 4 nify the City for any damages and shall be further conditioned 5 upon the compliance by the applicant with all provisions of 6 this Chapter. Such deposit or security shall be for 100 per- 7 cent of the estimated construction cost, as determined by the 8 Director of Public Works/City Engineer, to guarantee faithful 9 performance of all work, in a manner satisfactory to the City, 10 and that all materials and workmanship will be free from orig- 11 inal or developed defects. The deposit or security will 12 remain in effect until the end of all warranty periods set 13 forth in this Chapter. Changes in the work or extensions of 14 time, shall in no way release the applicant or surety from its 15 obligations. 16 B. Applicant shall furnish to the City a policy or certificate of 17 liability insurance in which the City is the named insured or 18 is named as an additional insured with the applicant. Fran- 19 chised utilities doing work with their own forces shall not be 20 required to submit insurance certifications or policies. 21 Notwithstanding any inconsistent statement in the policy or 22 any subsequent endorsement, the City shall be the insured or 23 as an additional insured covering the work whether liability 24 is attributable to the applicant or the City. The policy 25 shall insure the City, its officers, employees, and agents, 26 while acting within the scope of their duties on the permit, 27 against all claims arising out of or in connection with the 28 -16- 1 work. Coverage shall be in accordance with the current edi- 2 tion of the Standard Specifications for Public Works Construc- 3 tion (Green Book) Section 7-3 . The applicant shall indemnify, 4 defend, and hold harmless the City, its officers and agents 5 from all damages, costs or expenses in law or equity that may 6 at any time arise or be set up because of damages to property, 7 or of personal injury received by reason or in the course of 8 performing work, which may be caused by any willful or negli- 9 gent act or omission by the applicant, or any of the appli- 10 cant's employees or contractors. The City will not be liable 11 for any accident, loss or damage to the work prior to its 12 completion and acceptance. 13 All liability insurance policies shall bear an endorse- 14 ment or shall have attached a rider whereby it is provided 15 that, in the event of expiration or proposed cancellation of 16 such policies for any reason whatsoever, the City shall be 17 notified by registered mail, return receipt requested, giving 18 a sufficient time before the date thereof to comply with any 19 applicable law or statute, but in no event less than 30 days 20 before expiration or cancellation is effective. 21 The applicant shall be required, on the permit, to affirm 22 that they have a certificate of consent to self-insure, or a 23 certificate of Worker's Compensation Insurance, or a certified 24 copy thereof. (Sec 3800, Labor Code) or sign a certificate of 25 exemption from Worker's Compensation Insurance (work over $100 26 valuation) . Said certification shall certify the applicant 27 shall not employ any person in any manner so as to become 28 subject to the Worker's Compensation Laws of California in the -17- 1 performance of the work. After making such certification, 2 should the applicant become subject to Worker's Compensation 3 provisions of the Labor Code, applicant must forthwith comply 4 with same or the permit shall be deemed revoked. 5 C. Owner occupants or owner builders shall not be required to 6 provide said insurance certificates for work with a value 7 under $5, 000. 00. Owner occupants or Owner builders shall 8 however be bound by the provisions of Paragraph B as it re- 9 lates to indemnification and defense of the City and liability 10 for accident, loss or damage to property or for personal 11 injury. The Owner occupant's or the Owner builder's signa- 12 ture on the application will attest to their under-standing 13 and acceptance of the liability exposure for work done by 14 owner occupants or owner builders. 15 Owners or builders shall declare that they are exempt 16 from the Contractor's License Law and as the owner of the 17 property that they or their employees, with wages as their 18 sole compensation, will do the work and it is not intended or 19 offered for sale. Contractor's License Law does not apply to 20 an owner of property who builds or improves thereon and who 21 does such work themselves or through their own employees, 22 provided that such improvements are not intended or offered 23 for sale. If however, the improvement is sold within one year 24 of completion, the owner or builder will have the burden of 25 proving that they did not build or improve for the purpose of 26 sale. 27 D. Notwithstanding any provision in this Chapter to the contrary, 28 a contractor who has been awarded a competitive bid by the -18- if I City for a public project involving street excavation or cut- 2 ting shall not be required to file a bond or special deposit 3 under Section 12 . 03 . 110 to cover the cost of repairing or 4 replacement of street surface excavated or damaged, provided 5 that the contractor' s bid documents or contract require that 6 they perform such street repair or replacement as a part of the 7 awarded project and that they so perform in a manner sat- I 8 factory to the Director of Public Works/City Engineer and in 9 accordance with all provisions of this Section. 10 E. An agreement between the Redevelopment Agency and the City in 11 a form satisfactory to the City Attorney unconditionally 12 providing and guaranteeing that the agency provide and pay for 13 those excavations/encroachments and other costs required 14 pursuant to the provisions of this Section may be filed with 15 the Director of Public Works/City Engineer as security in lieu 16 of the bond, cash or certificate of deposit whenever the 17 excavations/encroachments are located in a redevelopment 18 project area and the agreement recites that the 19 excavations/encroachments are in compliance with the 20 redevelopment plan for the area and in furtherance of the 21 public interest in promoting public or private development . 22 12 . 03 . 120 NOTIFICATIONS AND GUIDELINES 23 A. Twenty-four (24) hours prior to commencing any work within any 24 public right-of-way or public place, the applicant shall noti- 25 fy the Department of Public Works Field Engineering Section to 26 arrange for inspection service . All work shall be performed 27 under the inspection and authority of the Director of Public 28 -19- 1 Works/City Engineer or their authorized representative and 2 shall comply with this Chapter and the policy concerning exca- 3 vations/encroachments. 4 B. It is unlawful for any person to make any excavations in any 5 street or sidewalk without maintaining safe crossings for 6 vehicle traffic at all street intersections, alleys, and pri- 7 vate driveways, and safe crossing for pedestrians at intervals 8 of not more than three hundred feet. 9 If any excavation is made across any street or alley, at 10 least one safe crossing shall be maintained at all times for 11 vehicles and pedestrians. 12 Free access must be provided and maintained to all fire 13 hydrants and water valves. 14 12 . 03 . 130 COMPLETION OF WORK AND NON-CONFORMING WORK 15 A. After work under the permit is commenced, the applicant shall 16 perform the work with due diligence, and so as not to obstruct 17 any street, alley, sidewalk or public place, or travel thereon 18 more than is actually necessary. If the work is not so per- 19 formed, or if the work does not, in the judgement of the Di- 20 rector of Public Works/City Engineer, comply with the terms of 21 this Chapter, the Director of Public Works/City Engineer shall 22 notify the applicant, in writing, that the work is not per- 23 formed with due diligence, or that the work has not been prop- 24 erly done, and require the applicant, within three days after 25 service of such notice, to diligently proceed with said work 26 or properly complete the same. If the applicant fails to 27 comply with such notice, the Director of Public Works/City 28 Engineer shall do whatever work is necessary to restore the -20- I street, alley, sidewalk or public place to the same condition 2 as existed before work began. 3 The applicant shall be responsible for all costs incurred 4 by the City in the restoration and enforcement actions pursu- 5 ant to this Section. 6 12. 03 . 140 WARRANTY OF WORK - NOTICE - REPAIR BY CITY 7 A. The applicant shall warrantee the fitness of all work for the 8 period of one year, or as specified in franchise agreements, 9 after completion of said work against all defects in workman- 10 ship or materials. Whenever within said period of one year 11 any pubic improvement so warranted becomes in need of repairs, 12 by reason of any defect in workmanship or material, the Direc- 13 for of Public Works/City Engineer shall serve on the applicant 14 written notice stating what repairs are necessary and requir- 15 ing such repairs to be made within three days after receipt of 16 said notice. If the applicant fails to comply with such no- 17 tice, the Director of Public Works/City Engineer shall pro- 18 ceed to make such repairs. 19 The applicant shall be responsible for all costs includ- 20 ing materials, labor and administration necessary to repair or 21 replace defective work. Such funds shall be with-held from 22 the bonds or security deposit submitted by the applicant until 23 reimbursement is made or other acceptable arrangement for 24 payment has been established. 25 12 . 03 . 150 ABANDONMENT OF FACILITIES 26 A. When abandonment of existing facilities is contemplated, the 27 utility shall make every effort to utilize the current align- 28 ment and location for the proposed new facilities thereby -21- 1 preserving the available right-of-way. In the event this is 2 impractical or technically infeasible, the owner/user shall be 3 responsible for the removal of the abandoned facility. 4 B. Abandoned facilities may be removed when new facilities are 5 installed or may be deferred until such time as the abandoned 6 facility conflicts with proposed new development or the in- 7 stallation of any new facilities. The owner shall coordinate 8 the removal and disposal of the abandoned facilities with the 9 contractor making the new improvements. The owner shall be 10 fully responsible for the disposal of the ducts, conduits, 11 conductors, pipes, fittings and all other portions of the 12 abandoned work and for any hazardous materials that may be 13 present in any of the abandoned facilities. Should contam- 14 ination be evident in the surrounding soils, the owner shall 15 investigate and mitigate the contamination. 16 C. The owner shall maintain records of such abandoned facilities 17 and shall show such abandoned facilities on any requests to 18 locate facilities when there is a reasonable expectation of 19 conflict with the proposed construction. Such facilities 20 shall be clearly designated as abandoned and upon request the 21 owner shall supply information on the material present. 22 12 . 03 . 160 PERMIT EXPIRATION 23 A. If after a permit has been issued pursuant to this Chapter, 24 and construction has not commenced. within sixty days after the 25 date thereof or other date set forth in the permit, then such 26 permit shall become void. Before work commences the appli- 27 cant must obtain a new permit and pay the usual fee. Appli- 28 cant may request, in writing, that the Director of Public -22- G f 1 Works/City Engineer extend the permit time but such requests c 2 shall be made prior to the 60 day expiration date. The re- 0 3 quest shall state the reasons for the extension, the duration 4 of the extension request and shall provide justi-fication for 5 not beginning the work within the first 60 days. 6 Deposits made on the value of the work may be released 7 upon request of the applicant after the applicant submits 8 evidence of the proper completion of the work or evidence that 9 the permit terminated prior to the commencement of the work. 10 Fees for plan review and inspections performed will not be 11 reimbursed nor applied to re-submittal for a permit for the 12 same area. 13 B. Preliminary permits that have been issued to a public agency 14 under the provisions of this Chapter but for which an Excava- 15 tion/Encroachment permit has not been issued or work commenced 16 within one (1) year of issuance of the Preliminary Permit, or 17 other date set forth on the permit, shall become void. Re- 18 submittal of the preliminary permit will be required to reac- 19 tivate the process. 20 c. Permits for encroachments into the public right-of-way shall 21 not be granted for any period longer than thirty days. 22 12 . 03 . 170 VIOLATION - PENALTY 23 A. Any person violating any provision of this Chapter is guilty 24 of a misdemeanor, which upon conviction thereof is punishable 25 in accordance with the provisions of Section 1. 12 .010 of this 26 Code. The enforcement of the penal provisions in this Section 27 shall not bar the City from pursuing any other remedies per- 28 mitted by law. " -23- 1 SECTION 2 . Chapters 12 . 04 and 12 . 08 of the San Bernardino Mu- 2 nicipal Code are hereby repealed in their entirety. 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 -24- 1 ORDINANCE OF THE CITY OF SAN BERNARDINO AMENDING TITLE 12, BY RE- PEALING CHAPTERS 12 . 04 AND 12.08 OF THE SAN BERNARDINO MUNICIPAL 2 CODE ENTITLED "EXCAVATIONS" AND "ENCROACHMENTS" TO REVISE PROCE- DURES RELATING TO PERMITS FOR EXCAVATIONS AND ENCROACHMENTS INTO 3 PUBLIC RIGHT-OF-WAY BY ADDING CHAPTER 12 . 03 ENTITLED "RIGHT-OF-WAY PERMITS - EXCAVATIONS AND TEMPORARY ENCROACHMENTS. " 4 5 I HEREBY CERTIFY that the foregoing ordinance was duly adopted 6 by the Mayor and Common Council of the City of San Bernardino at a 7 meeting thereof, held on the day of _ 8 1997, by the following vote, to-wit: 9 Council Members: AYES NAYS ABSTAIN ABSENT 10 NEGRETE _ 11 CURLIN 12 ARIAS _ 13 OBERHELMAN 14 DEVLIN _ 15 ANDERSON _ 16 MILLER _ 17 18 RACHEL CLARK, City Clerk 19 The foregoing ordinance is hereby approved this day of 1997. 20 21 22 TOM MINOR, Mayor City of San Bernardino 23 Approved as to form 24 and legal content: 25 James F. Penman 26 City ttorney B 27 y 28 -25-