ORDINANCE NO

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1 ) ; - - ORDINANCE NO An ordinance of the City of Los Angeles amending Los Angeles Municipal Code Section and Section as to excavation in and adjacent to streets. THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1. Section of the Los Angeles Municipal Code is hereby amended to read as follows: SEC EXCAVATIONS IN AND ADJACENT TO STREETS - PERMITS (a) Permit Required No person, nor any department or officer of this City shall make an excavation in or under the surface of any public street or public place for the installation, inspection, repair, abandonment, or removal of any tank, pipe, conduit. duct, tunnel, or footing, or for any other purpose, or make an excavation on private property adjacent to a public street where lateral support to such street or improvements or property within such street is imperiled by such excavation, without first making and filing a written application therefor with the Board and receiving a permit from the Board to do so. No portions of this ordinance shall be construed or is intended to exempt sewer and storm drain connections; sewers and storms drains being constructed under "B" permit provisions of this article; or departments or officers of this City acting in a governmental capacity and performing work with their own forces for the City. EXCEPTION: A permit will not be required for excavations which are for the purpose of the installation or removal of poles or pole anchors when su.ch pole and pole anchors are located within sidewalk areas. All work in connection with such installations shall be performed in accordance with the provisions of Section

2 ., r. t L 1. Council Permission for Tunnel Construction Permission from the Council is required as a prerequisite to the issuance of any permit under Subsection (a) of this section for the construction of a tunnel structure. Such tunnel installations may also be subject to the execution of a lease or other agreement between the City and the permittee as determined by Council, and the payment by the permittee of any annual charges set forth in such agreement. 2. Construction Tunnels A construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit may be constructed under the sole authorization of an excavation permit. 3. Leakage Detection Holes Excavation permits for the purpose of drilling leakage detection holes may be issued to a public utility regulated by the Public Utilities Commission of the State of California. 4. Maintenance and Service Connection Excavations Excavation permits for the purposes of providing service connections under 2" in diameter, replacing or repairing deteriorated fittings, raising valve covers, manholes covers and vault lids to grade may be issued to a public utility regulated by the P.U.C. of the state of California. 5. Chargebacks No portion of this section shall be construed to contravene Section of the L.A.M.C. which prohibits City non-proprietary departments from charging other non-proprietary departments; nor shall this section be construed to allow for "no-fee" or exemptions from required permit authority for work being done under contract for City departments and other governmental agencies. No portion of this Ordinance shall be construed to require that the Bureau of Street Maintenance will obtain permit authority to accomplish its normal work program which includes maintenance, construction and reconstruction activities within public rights-of-way and easements. 2

3 3, : ; :o.;t; c- 6. Emergencies Nothing in this section shall be construed to prevent any agency, entity or utility covered under the provisions of this Ordinance or any person or department or officer of this City who is maintaining an installation in a street by virtue of any law, ordinance franchise, or permit from making such excavations as may be necessary when such necessity arises from emergency conditions, provided that the person, department, or officer making such excavation shall apply for a permit therefor on the next regular business day following the day on which such excavation was commenced and provided that the agency, entity, utility, department or officer of this City provide supporting documentation confirming the nature and scope of the work required and verifiable information related to the event(s), actions, inactions or proximate causes of the required emergency excavation. 7. Imperilment of Lateral Support Imperilment of lateral support to a street or improvements on property within such street by excavation on private property shall be deemed to exist whenever such excavation does not comply with the provisions of Section of this Code. (b) Contents of Application The permit application required to be submitted shall show the name, complete address, and telephone. number of the applicant and in detail, the purpose, location, and area of each excavation intended to be made. In the case of an application for the purpose of drilling leakage detection holes, the location and area of each excavation shall be included on the application, and permittees are required to submit monthly reports of the location of all such holes planned to be drilled prior to such drilling occurring. (c) Plans Required Each application for a permit shall be accompanied by a plat, in triplicate, showing the location and dimensions of each proposed excavation and such other details as the Board may require. Additional copies of the plat, if required for checking or inspection purposes, shall be supplied by the 3

4 applicant. Such plat will be reviewed by the City Engineer and, if found satis.factory, will be approved by him. Any permit conditions or special restrictions shall be determined prior to approval of the plat and such conditions or restrictions will be incorporated into the permit. If the plat shows a permanent installation to be made in the area of a public street, a copy shall be placed on file in the office of the City Engineer as a public record. The approved duplicate copy will be used for inspection purposes and the approved triplicate returned to the applicant. Any excavation made or facility installed shall be located in strict conformance with the location shown on the plat. EXCEPTION: A plat will not be required when the purpose for making the excavation is the installation of a service connection or the inspection or repair of an existing installation. However, such excavations shall be located in strict conformance with the locations described in the application. Tunnel Structures -Special Provisions Plans for a tunnel structure shall show its proposed location, the distance from all existing utility installations, details of the proposed method of constructing and backfilling, and the purpose for which the tunnel is to be constructed. Similar plans will be required for construction tunnels over 20 feet in continuous length. Unless otherwise determined by the Board, submission of plans will not be required for a construction tunnel used in lieu of an open trench for the purpose of installing pipe or conduit when such construction tunnel is less than 20 feet in continuous length. Plans for tunnel structures or other special structures shall be based upon alignments and elevations determined from actual surveys, and work on any such tunnel or other special structure shall not proceed until such alignment and elevations have been established and indicated at the site of the work. (d) Surveying The Board may require such surveys as it deems necessary to insure that excavations made or to be made or facilities installed are at the locations described in the application or shown on the plats. 4

5 ,., :-" (e) Authority to Occupy Street Area No person, nor any department or officer of this City, shall make any installation in street areas without legal authority granted by franchise or otherwise to occupy and use such areas for the purpose of such installations, regardless of whether or not such person is required to secure a permit under the provisions of this section. (f) Special Deposits 1. Amount of Deposits A permit to excavate in accordance with the provisions of this section will not be issued until the applicant has deposited with the Board a special cash deposit. The amount of the special deposit shall be determined using the charges provided for the particular type of work or improvement involved as set forth in the latest fee schedule adopted by the Board pursuant to Section 62.05(b)1 and in effect, plus an additional sum determined by the City Engineer to be the estimated cost of checking plans, inspecting, testing, and surveying for work of a special nature such as constructing a tunnel, building footings, utility installation, or other conduit or structure in a public street or public place or where lateral support to public streets, or improvements or property therein, is found by the City Engineer to be imperiled by excavation on adjacent private property. 2. Minimum Deposits If more than one kind of resurfacing is involved in a permit, the minimum deposit for such permit shall be the sum of the individual minimum deposits for the various classes of resurfacing included in the permit. (g) General Deposits In lieu of a special deposit provided for in Subsection (f) of this section, any person may make and maintain with the Board a general deposit to be used for the same purpose as such special deposit. The amount of the general deposit shall be determined as follows: For excavations up to 1,000 square feet per month, $1,000; For excavations up to 5,000 square feet per month, $5,000; For excavations over 5,000 square feet per month, $10,000. 5

6 The cash, m1mmum and general d~posits heretofore described in Subsections (f) and (g) of this ordinance are not in lieu of but additional to Street Damage Restoration Fees required to mitigate and offset shortened pavement life resulting from street excavations. (h) Surety Bonds Whenever a cash deposit in the amount of $1,000 or more is required, the applicant may post in lieu thereof a good and sufficient surety bond in an amount equal to or in excess of the amount of said cash deposit. Such bond shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City of Los Angeles, shall be executed by a reliable surety company satisfactory to the City, and shall guarantee the payment to the City of all charges provided therefor in the latest fee schedule adopted by the Board pursuant to Section 62.05(b)1 and in effect and the faithful and proper performance of all work to be done pursuant to the permits issued in accordance with this section. (i) Deposits Not Required 1. Governmental Agencies The Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government will not be required to post a deposit as a condition precedent to the issuance of a permit under the provisions of this section. 2. Government Contracts Contractors or subcontractors performing work for such governmental agencies under contract will not be required to post a deposit as a condition precedent to the issuance of a permit under the provisions of this section unless personnel under the jurisdiction of the Board are required to perform engineering, inspection, testing, resurfacing, or any other work in connection with any excavation to be made. 3. Waiver The Board may waive the requirement of posting a deposit as a condition precedent to the issuance of a permit under the provisions 6

7 .... of this section to a public utility regulated by the Public Utility Commission of the State of California provided that such utility files with the Board an undertaking satisfactory to the Board which provides that such utility will assume liability for any and all costs incurred in restoring the street or public place to a condition satisfactory to the Board. 4. Compliance Required The substitution of a general for a special deposit, the waiving of the deposit requirement, or the exemption from the posting of a deposit does not relieve any person from any requirement of filing a written application for a permit for any excavation and the compliance with all other provisions of this section. Nor does waiving the deposit requirement, allowing for the substitution of a general deposit for a special deposit, or the obtainment of any exemption from the posting of a deposit exempt any entity, agency, utility, department, bureau, or officer of this City from payment of the Street Damage Restoration Fee. (j) Liability Insurance 1. Required A permit to excavate in accordance with the provisions of this section shall not be issued until the applicant has filed with the City Engineer, in duplicate, a policy of protective liability insurance in which the City has been named as insured or co-insured with the permittee. The policy of insurance shall insure the City and its departments, officers, and employees while acting within the scope of their duties, against all claims arising out of or in connection with the operations of the permittee, or any contractor or subcontractor of the permittee, pursuant to the permit. EXCEPTION: The Federal Government, the State, every county, city and county, municipal corporation, irrigation district, school district, district established by law, and any political or administrative subdivision of the State or Federal Government, or any contractor or subcontractor performing work under contract for such agencies will not be required to post a policy of protective liability insurance as a condition 7

8 :.. /.. :.. precedent to the issuance of a permit under the provisions of this section. 2. Amounts: The policy of insurance shall provide coverage as follows: Bodily Injury... $250,000 each person $500,000 each occurrence $500,000 aggregate product and completed operations Property Damage... $1 00,000 each occurrence $250,000 aggregate A combined single limit policy with aggregate limits in the amount of $1 million will be considered equivalent to the required minimum limits. 3. Coverage Such policy of insurance shall provide coverage at least as broad as that provided in the Standard Form approved by the National Bureau of Casualty Underwriters together with such endorsements as are required to cover the risks involved. 4. Deposit or Bond Required Where Lateral Support is Imperiled In cases where excavation on adjacent private property imperils the lateral support of a public street, or improvements or property therein, in addition to providing insurance covering property damage, the permittee must post with the Board a deposit of cash or negotiable United States Treasury Certificates, or a surety bond in an amount determined by the Engineer to be adequate to cover the risks involved. If a bond is posted it shall be executed to the satisfaction of the Board and shall be approved by the City Attorney as to form and legality. Such bond shall be payable to the City of Los Angeles and shall be executed by a reliable surety company to the City and shall guarantee payment to the City of all loss or damage sustained by the City by reason of the excavation. The bond or deposit shall be effective for the period the excavation remains open and for two years thereafter; or in the case where an excavation is to remain 8

9 permanently open, the bond or deposit shall be effective for a period of excavation and placement of the permanent support, if any, and for two years thereafter. When conditions permit, if the risks after backfilling the excavation are reduced, the amount of the bond or deposit required to be maintained during the two-year period following the backfilling of the excavation may be for a lesser amount to be determined by the Board. Nothing in this paragraph is to be construed as relieving the applicant for such permits from the requirement of providing liability insurance covering bodily injury. 5. Waiver The Board may waive the requirement of posting a policy of protective liability insurance as a condition precedent to the issuance of a permit under the provisions of this section to a public utility regulated by the Public Utility Commission of the State of California provided such utility files with the Board an undertaking satisfactory to the Board which provides that such utility will assume liability for all judgments arising out of claims against the City, and its officers and employees while acting within the scope of their duties, which claims arise out of or are sustained in connection with the operations of the utility or any contractor or subcontractor of the utility pursuant to the permit. This undertaking and the undertaking to be filed in connection with the waiving of the deposit requirement may be combined into a single document. (k) Contents of Permit 1. Name and Address The permit shall state the name, complete address, and telephone number of the person to whom the permit is issued. 2. Location and Purpose of Excavation The permit shall state the name of the streets and the particular portions thereof to be excavated, and the purpose and extent of such excavations. In the case of permits for the purpose of drilling leakage detection holes for the purpose of making service connections or the inspection and repair of existing installations, the location and extent of such holes shall be specific, but such Permittees are required to submit 9

10 ,. '-.i, monthly reports on the location of all such holes planned to be drilled prior to such drilling occurring. 3. Special Deposits In cases where a special deposit has been made in connection with the permit, the permit shall state the amount of such deposit. 4. Hours of Work and Safety Measures In cases where an excavation is to be made in a street designated by the Board as an important traffic artery, or elsewhere when the Board determines that the same is practicable and in the public interest, the permit may state the dates and hours during which all work is required to be done and the measures required to be taken to avoid or minimize traffic delays and inconvenience and danger to the public. 5. Backfilling Requirements When the City Engineer determines that such is necessary, the permit shall specify the backfill material and or backfilling method to be used; and may also require that the installation be made by other than open cut methods. 6. Special Inspection The permit may specify such special inspections as the Board determines are necessary to insure full compliance with the terms of the permit and the provisions of this article. (I) Compliance With Conditions of Permits Required No person shall fail, neglect, or refuse to comply with any term or condition contained in any permit issued under the provisions of this section. (m) Duration of Permit Every permit issued under the provisions of this section shall expire unless excavation to be made pursuant thereto are commenced within six months from the date of issuance of such permit and the work is thereafter diligently prosecuted to completion. No extensions of time for commencement of work beyond the six-month period will be granted. If the excavation is not 10

11 = commenced within six months from the date of issuance of the permit, the permit will be canceled, and a charge therefor will be made as provided in Subsection (c) of Section (n) All agencies, entities, utilities, departments, bureaus and officers of the City maintaining facilities and structures under the surfaces of public roadways will have access to the annual resurfacing and reconstruction program as established by the Department of Public Works, Bureau of Street Maintenance. It shall be the responsibility of the affected utility, agency or department to plan, schedule and coordinate its work to preclude the necessity of excavating into City streets where feasible and to minimize the number of excavations being made into City streets. Sec.2. Section of the Los Angeles Municipal Code is hereby amended to read as follows: SEC EXCAVATION IN AND ADJACENT TO STREETS PERFORMANCE OF THE WORK (a) Work Subject to Provisions Governing Performance Performance of work authorized by an excavation permit issued under the provisions of Section shall be governed by the provisions of this section. EXCEPTION: Performance of work in connection with the installation of sewer or storm drain connections shall be governed by the provisions of Section and performance of work being done under the Permit "A" and Permit "B" provisions of this article or under contract with the Board is governed by the provisions of the current Standard Specifications of the Department of Public Works. (b) Notification of Start of Work The permittee shall notify the Bureau of Contract Administration, not less than one working day prior to starting work on any excavation which will extend 100 square feet or more in area and is governed by the provisions of this section. In the case of an excavation being made by a department of this City, such notification shall be made by the responsible supervisor. 11

12 :' '>'" ' ' I (c) Prosecution of Work Unless otherwise provided in special conditions on the permit governing the dates and hours during which work is to done, the work of making and refilling an excavation shall be prosecuted diligently and continuously until completion so as not to obstruct traffic on any roadway or sidewalk longer than is actually necessary. If the responsible party shall fail, refuse, or neglect to promptly refill any excavation or to promptly perform any other necessary work, the Board may perform such work, and in cases where funds are on deposit with the City in connection with the permit under which the excavation or work is being performed, the cost of the work performed by the Board may be deducted from such deposit. (d) Permits to Be Kept on Job Site Except for work being done prior to the issuance of a permit as authorized by the emergency provisions of Subdivisions 6 of the Subsection (a) of Section 62.02, the original or a copy of any permit for the making and backfilling of an excavation shall be kept at all times while work is in progress at the location for which such permit was granted. Upon demand, such permit shall be shown to any member or inspector of the Board or to any police officer. (e) Lateral Support All excavations shall be performed and all facilities constructed and maintained so as to afford lateral, sublateral, adjacent, and overhead support to the surrounding embankments and structures. The approval of any plans submitted or the issuance of a permit does not relieve the permittee from full responsibility for any damage or injury caused by his operations. Neither the City nor any of its officers or employees shall be liable or responsible for any such damage or injuries. (f) Safety All work in any public street, public place, or public easement shall be performed in strict accordance with the safety provisions of Title 8 of the State of California Administrative Code. Failure by a permittee to adhere to such safety provisions will be cause for the Board to impound the deposit or bond submitted by the permittee in compliance with Section until all charges by the City have been met. 12

13 :.,,.. ~. (g) Methods of Removal No material shall be removed from any street in any manner which would render such street impassable or dangerous to public travel. (h) Excavations Through Cement Surfaces When an excavation is to be made through a sidewalk or other Portland cement concrete surface, all work shall be done in accordance with the latest specific"!tions established by the Board or the City Engineer. (i) Provisions for Traffic Safety Unless otherwise authorized by the Board, anyone making an excavation in any roadway or sidewalk shall provide and maintain safe crossings for vehicular and pedestrian traffic. Crossings for vehicular traffic shall be made at all street and alley intersections. If an excavation is made across an alley, or the roadway portion of any other street, at least one safe crossing for vehicles shall be provided and maintained. Pedestrian crossings shall be separate from vehicular crossings and shall be provided with handrails. One such pedestrian crossing shall be provided at each street intersection, and at intervals of not more than 300 feet. If an excavation is made across the sidewalk portion of any street, a crossing for pedestrians shall be provided and maintained. Additional traffic provisions, particularly in important traffic arteries, may be specified by the City Engineer. Provisions so specified will become a condition of the permit and be binding upon the permittee. (j) Traffic Control in Work Areas Warning signs, barriers, barricades, guidance devices and lights, shall be furnished, placed, and maintained in conformance with the current manual entitled "Work Area Traffic Control Handbook (WATCH)" approved by the Board. If the warning signs, lights, and devices required under this section are not promptly provided, the Board may provide them; the cost of such work performed by the Board may be recovered in the manner provided in Section 62.05(a) of this code. 13

14 (k) Site Maintenance (1) Access to Hydrants and Water Valves Free access must be provided at all times to all fire hydrants and water valves. (2) Confinement of Excavated Material When excavated material is placed adjacent to the excavation, it shall be placed in such a manner as to economize space and minimize interference with traffic. If necessary, such material shall be confined. by suitable bulkheads or other devices. If the street is not of sufficient width to hold excavated material without using part of an adjacent walkway, a passageway at least one-half the width of such walkway shall be kept open at all times. (3) Maintenance of Gutters All gutters shall be maintained free and unobstructed for the full depth of the adjacent curb and for at least one foot in width from the face of such curb at the gutter line. Whenever a gutter crosses an intersecting street, an adequate waterway shall be provided and maintained. (I) Backfilling Unless a specific backfill material is required on the permit, backfill material, installation and compaction shall be in accordance with the latest standards and specifications established by the Board or the City Engineer. (m) Resurfacing (1) Temporary Resurfacing / Except as otherwise provided herein, after completion of backfilling operations, the portion of the paved surface of any public street or public place excavated or damaged shall be immediately resurfaced with temporary resurfacing material by the permittee. Temporary resurfacing shall consist of premixed bituminous material conforming to the specifications for material to be used for such purpose contained in the current Standard Specifications of the Department of Public Works. Such resurfacing after compaction shall be not less 14

15 than one inch thick in sidewalk areas and not less than two inches thick in driveway and roadway areas. Its surface after compaction shall conform to the finished surface of the roadway or sidewalk. The material shall be compacted so that it is dense and smooth enough to be safe for either pedestrians or vehicular traffic as the case may be, at the maximum speed permitted by law. (2) Maintenance of Temporary Resurfacing The permittee shall maintain the surfacing so that it is safe for pedestrian or vehicular traffic until the excavation is permanently resurfaced. If it is impracticable to maintain the surface of the backfill in a safe condition for pedestrian travel or vehicular traffic, the permittee shall maintain barriers and lights around it until the excavation has been resurfaced. (3) Permanent Resurfacing by City Unless otherwise authorized herein or specifically authorized by the Board and indicated by the permit, the improved surface of a street excavated or damaged in connection with work being performed by authority of a permit issued under the provisions of Section will be permanently surfaced by the permittee. The permittee shall mark each such resurfacing in the manner prescribed by the City Engineer and shall be responsible for the integrity of such resurfacing for a period of five years from installation. (4) Permanent Resurfacing by Permittee In cases where permanent resurfacing by permittee is required, the permanent resurfacing may be placed immediately in lieu of placing and maintaining temporary resurfacing. The Board may require the area to be permanently resurfaced immediately after completion of the backfilling where such is practical and in the interest of the public safety and welfare. Such requirement shall be specified on the permit. A utility issued a permit for the drilling of leakage detection holes shall make immediate repair to said holes with its own crews, at its own expense, and in the manner prescribed by the Board. 15

16 When an excavation is made to install, remove, or abandon a pole or a structure which forms a portion of the finished surface of a sidewalk or concrete driveway, in lieu of the placement of temporary resurfacing, the person or department of the City making the excavation may permanently restore the surface of the sidewalk or driveway to the nearest scoring line of the square or squares of which the pole does or did occupy or the structure forms or did form a portion of the finished surface. All such restoration shall be made by removing and replacing the entire portion of the walk or driveway between the nearest scoring lines. The surface of an alley may be similarly restored when the purpose of the excavation therein is the installation, relocation or removal of a pole or pole anchor. Construction of the walk, driveway or alley surface shall be done in accordance with the current Standard Specifications for Public Works Construction. (5) Permit Required for Resurfaci_!lg by Permittee Except as provided herein, all permanent resurfacing done by permittee in connection with a permit issued under the provisions of Section 62.02, shall be done under a Class "A" permit secured in compliance with Section of this Code. All permits obtained for street excavations and subsequent resurfacing activities shall not be in lieu of but in addition to all permits required pursuant to Sections 62.02, 62.04, and the Street Damage Restoration Fee Ordinance contained in the L.A.M.C. 16

17 ' Sec. 3. The City Clerk shall certify to the passage of this ordinance and cause the same to be published in some daily newspaper printed and published in the City of Los Angeies.. I hereby certify that the foregoing ordinance was introduced at the meeting of the Council of the City of Los Angeles on February and was passed at its meeting of February lfeb Approved Approved as to Form and Legality Mayor. JAM~~~ ~lrn~~y Attorney Assistant City Attorney File No. CF L., t... I..,A / 1 ~,.~.,; :.ag 1: 8 Jj b:s :j) City Clerk Fonn 23 #27754 MECEI/\ 0 17

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