Redlands Municipal Code Ch. 12.20 Street Construction and Construction Regulations

Whenever the following terms are used in this chapter, they shall have the meanings established by this section:

APPLICANT: Any owner or duly authorized agent of such owner, who has submitted an application for a permit to excavate.

CITY: The city of Redlands.

DEPARTMENT: The municipal utilities and engineering department.

DEPOSIT: Any bond, cash deposit, or other security provided by the applicant.

DIRECTOR: The director of the municipal utilities and engineering department or his/her designee, including the construction inspector.

EXCAVATION: Any opening in the surface or subsurface of the public right of way.

FACILITY OR FACILITIES: Any and all cables, cabinets, ducts, conduits, converters, equipment, drains, handholds, manholes, pipes, pipelines, splice boxes, surface location markers, tunnels, utilities, vaults, and other appurtenances or tangible things owned, leased, operated, or licensed by an owner or person, that are located or are proposed to be located in the public right of way.

OWNER: Any person, including any agency, department, or subdivision of the city, who owns any facility or facilities that are or are proposed to be installed or maintained in the public right of way.

PERMIT OR PERMIT TO EXCAVATE: A permit to perform an excavation as it has been approved or may be amended or renewed by the department.

PERMITTEE: The applicant to whom a permit to excavate has been granted by the department in accordance with this chapter.

PERSON: Any natural person, corporation, partnership, or any governmental agency, including agency, department, or subdivision of the city, the state of California, or United States Of America.

PUBLIC RIGHT OF WAY: The area across, along, beneath, in, on, over, under, upon and within the dedicated public alleys, boulevards, courts, lanes, places, roads, sidewalks, streets, and ways within the city, as they now exist or hereafter will exist and which are or will be under the permitting jurisdiction of the department.

PUBLIC UTILITY FRANCHISE: Granted by the city of Redlands or the state of California is a contract granting special privileges to use the public right of way. It is not intended that this chapter impose additional rules or regulations which are inconsistent with the rights or obligations under the franchise or confer authority to the city that conflicts with the state's Public Utilities Code or the jurisdiction of the California public utilities commission.

UTILITY: Any franchise owner whose facility or facilities in the public right of way are used to provide gas, electricity, steam, water, sewer service, telecommunications, video, or other services to customers regardless of whether such owner is deemed a public utility by the California public utilities commission. (Ord. 2782, 2012)

Any permittee, before commencing any work in the streets or public rights of way of the city pursuant to any permit issued in accordance with the provisions of this title shall obtain a copy of, and comply with at all times while performing such work, the city's general permit conditions and trench specifications as adopted by resolution of the city council. Further, if required by said permit, shall secure the plans approved by the director showing the lines and grades for performing said work, and shall conform to the same. (Ord. 2782, 2012)

Permission to excavate in newly renovated streets will not be granted for five (5) years after completion of street renovation as determined by the city. Utilities shall determine alternate methods of making necessary repairs to avoid excavating in newly constructed, paved or renovated streets. Exceptions to the above as mutually agreed upon by the utilities and the director are as follows:

A. An emergency which endangers life or property;

B. Interruption of essential utility service;

C. Work that is mandated by city, state or federal legislation;

D. Service for buildings where no other reasonable means of providing service exists;

E. Other situations deemed by the city council to be in the best interest of the general public.

All permits which are issued under subsections A through E of this section shall be in accordance with the standards, details and specifications established by and on file in the office of the director. (Ord. 2782, 2012)

The permittee shall keep the permit at the site of the work at all times while any work is in progress, by retaining the same on his person or delivering it to the project superintendent or person in charge of the actual doing or performing of the work authorized by said permit. (Ord. 2397 § 3, 1999)

A. Permits shall be void if construction has not begun within thirty (30) days of the start date specified in the permit or if excavation, including restoration, has not been completed within the specified duration; provided, however, that the director, in his or her discretion, may issue one 30-day extension to the start date and extensions as may be deemed appropriate to the duration of excavation upon written request from the permittee.

B. After any work in connection with any excavation, obstruction, facility or equipment, or street betterment is commenced, by the holder of any permit as herein provided, the work of accomplishing the purpose thereof shall be diligently carried on and completed by him in a manner that shall not obstruct the street or any travel thereon more than is absolutely necessary. (Ord. 2397 § 3, 1999)

All work done in the streets shall be done under the direction and to the reasonable satisfaction of the director or his/her designee. From time to time, or at such time as the director deems necessary, as the work progresses, all work done or performed pursuant to any permit issued by the director shall be inspected. (Ord. 2397 § 3, 1999)

Any permittee of any permit issued hereunder (excepting any department of the city) shall notify the public works department twenty four (24) hours in advance of starting or commencing any work to be done or performed thereunder, and before refilling any excavation, tunnel or bore, in order that the director may procure and assign an inspector to inspect the same. (Ord. 2397 § 3, 1999)

No work shall be done, or any excavation, tunnel or bore refilled until such notice shall be given and authority is given therefor by the director. (Ord. 2397 § 3, 1999)

A. Liability Upon Permittee: Each owner and permittee is wholly responsible for the quality of the work performed in the public right of way and both the owner and permittee are jointly and severally liable for all consequences of any condition of such work and any facilities installed in the public right of way. Neither the issuance of any permit, inspection, repair, nor suggestion, approval, or acquiescence of any person affiliated by the city shall excuse any owner and/or permittee from such responsibility or liability.

B. Indemnification, Defense And Hold Harmless: Each owner and permittee shall indemnify, defend and hold harmless the city of Redlands and its officers, agents and employees, as well as their associated and affiliated companies and their respective officers, agents and employees from any and all suits, actions, losses, claims and liabilities of every kind, nature and description, including, but not limited to, attorney fees and any injury or death to any person(s) or damage to any property(ies) arising out of or in connection with the work performed by it or on its behalf under a permit to excavate. Upon the request of the city, the owner and/or permittee, at no cost or expense to the city, shall defend any suit, action or legal proceeding asserting a claim for losses or liabilities, to the extent that any such suit, action or legal proceeding claims a loss covered by the terms of this indemnification agreement. (Ord. 2397 § 3, 1999)

A. For all work requiring a permit by the terms of this chapter, the person making application for permit shall provide, prior to the issuance of said permit, security as required by the director which shall include, at a minimum, a warranty bond. The warranty shall run ten (10) years from the completion and final acceptance of the construction and/or repair work by the director. The release of said security shall be governed by the California Civil Code. Utility excavators shall post the security required by the director or in conformance with a franchise agreement between the city and the utility.

B. All permits issued under the requirements of this chapter will include the payment of a nonrefundable workmanship and performance warranty fee to the city. This workmanship and performance warranty fee shall be imposed as follows:

1. Where the workmanship and performance of the permittee is limited to the statutory one year period; cuts are allowed by payment of a workmanship and performance warranty fee as established by resolution.

2. Where the permittee commits to a ten (10) year workmanship and performance warranty agreement with the city; cuts are allowed by payment of a limited workmanship and performance warranty fee as established by resolution.

3. Utilities that are a part of the city of Redlands and utilities operating under a franchise granted by the city that clearly indicates an explicit obligation to repair (warranty) any restoration defects are exempt from payment of the workmanship and performance warranty fee. Utilities operating under a franchise that does not have explicit obligation to warranty and repair may enter into an agreement with the city that provides a warranty and security satisfactory to the city and thereby, during the term of the agreement, be exempt from payment of the warranty fee. The agreement must comply with the warranty and security requirements of this chapter.

4. Where permission to excavate in newly renovated streets has been granted, excepting therefrom those items provided in section 12.20.030 of this chapter, payment of the workmanship and performance warranty fee shall be required under subsections B1 through B2 of this section regardless of franchise status.

C. In all cases where cuts are allowed, the permittee is required to restore the trench and street section to city standards and specifications. All warranties shall include adequate security for the warranty period. All pavement warranty fees received under the requirements of this section shall be expended solely for the purpose of maintaining the workmanship and performance of city streets. (Ord. 2397 § 3, 1999)

In instances where administration of this chapter or inspection of an excavation is or will be unusually costly to the department, the director may require an applicant to pay an additional sum in excess of any amount charged elsewhere in this chapter. The additional sum shall be sufficient to recover actual costs incurred by the department and shall be charged on a time and materials basis. Whenever additional fees are charged, the director shall provide the applicant with an estimate of the additional fees. (Ord. 2397 § 3, 1999)

Any person excavating in the public right of way shall comply with the requirements of the underground service alert regarding notification of excavation and marking of subsurface facilities. (Ord. 2397 § 3, 1999)

Every person making an excavation in any street, or causing the same to be made, or constructing, leaving, placing or maintaining an obstruction in any street, or causing the same to be constructed, left, placed or maintained shall place and maintain appropriate traffic control devices, including, but not limited to, barricades, cones, delineators and construction zone signs in accordance with the state of California "Manual Of Traffic Controls For Construction And Maintenance Work Zones". Such traffic control shall be in place prior to the commencement of work and shall be maintained in good condition until all work is completed and the streets are clear of any and all obstructions. (Ord. 2397 § 3, 1999)

A. Scope: It is unlawful for any permittee to make, to cause, or permit to be made, any excavation in the public right of way outside the boundaries, times and description set forth in the permit.

B. Rock Wheel: Use of a rock wheel to excavate in the public right of way is unlawful without the prior written approval of the director.

C. Trenchless Technology: Use of trenchless technology in the public right of way is unlawful without the prior written approval of the director.

D. Lane Closures In Excess Of Six Hundred Feet Prohibited: No lane closures in excess of six hundred feet (600') will be allowed, except in cases of an emergency or by consent of the director.

E. Cross Street Access: A minimum of one lane of travel in each direction shall be maintained on all arterial streets crossing the excavation. One lane of travel may be allowed for local and minor streets, provided appropriate flagging procedures are used. Closing cross streets to traffic is unlawful without the prior written approval of the director.

F. Local Access To Businesses And Residents: Access to local businesses must be maintained at all times. Access to local residences may be restricted upon approval of the director. Residents must be provided a minimum of forty eight (48) hours' notice by the permittee that access will be restricted. Such restriction shall only be allowed on weekdays between the hours of nine o'clock (9:00) A.M. and four o'clock (4:00) P.M. (Ord. 2397 § 3, 1999)

When the director has determined a person has violated this chapter, any condition of the permit, that an excavation poses a hazardous situation or constitutes a public nuisance, public emergency, or other threat to the public health, safety or welfare, or when the director determines there is a paramount public purpose, the director is authorized to issue a stop work order, to impose new conditions upon a permit, or to suspend or revoke a permit by notifying the permittee of such action in writing. (Ord. 2397 § 3, 1999)

A. Like New Restoration: In any case in which the street, sidewalk or other public right of way is or is caused to be excavated, the owner and permittee shall restore or cause to be restored such excavation to like new condition in the manner prescribed by the standard plans and specifications, the design manual, orders, regulations and rules of the city of Redlands. As a minimum, trench restoration shall include resurfacing to a constant width equal to the widest part of the trench excavation.

B. Modification To Requirements: Upon written request from the permittee, the director, in his or her discretion, may approve in writing modifications to the requirements of this chapter.

C. Incomplete Work And Completion By The Department: In any case where an excavation is not completed or restored in the time and manner specified in the permit, this chapter, the standard plans and specifications, the design manual, or the orders, regulations and rules of the department, the director shall order the owner or permittee to complete the work as directed within twenty four (24) hours. If the owner or permittee should fail, neglect or refuse to comply with the order, the director may complete or cause to be completed such work in such manner as the director deems expedient and appropriate. The owner or permittee shall compensate the department for any costs associated with the administration, construction, consultants, equipment, inspection, notifications, remediation, repair, restoration, or any other actual costs incurred by the department or other departments or agencies of the city made necessary by said work. (Ord. 2397 § 3, 1999)

A. In the event any person(s) fails, neglects, or refuses to repair or restore any condition pursuant to the director's notice as set forth in this chapter, the director shall repair or restore, or cause to be repaired or restored, such condition in such a manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall compensate the department or any costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the department or other departments or agencies of the city made necessary by reason of the repair or restoration undertaken by the department.

B. Repair or restoration by the department in accordance with this chapter shall not relieve the person(s) from any and all liability at the site of the repair or restoration, including, but not limited to, future failures. (Ord. 2397 § 3, 1999)

A. If, in the judgment of the director, the site of an excavation is considered hazardous, constitutes a public nuisance, public emergency, or other imminent threat to the public health, safety and welfare that requires immediate action, the director shall order the condition remedied by written, oral, telephonic or facsimile communication to the owner, applicant or any agent thereof and shall designate the owner or applicant as the responsible party.

B. If the responsible party is inaccessible or fails, neglects or refuses to take immediate action to remedy the condition as specified in said communication, the director shall remedy the condition or cause the condition to be remedied in such a manner as the director deems expedient and appropriate. The person(s) identified by the director as the responsible party shall compensate the department for any reasonable costs associated with the administration, construction, consultants, equipment, inspection, notification, remediation, repair, restoration, or any other actual costs incurred by the department or other departments or agencies of the city made necessary by reason of the emergency remediation undertaken by the department. (Ord. 2397 § 3, 1999)