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HomeMy WebLinkAbout1985-143 1 RESOLUTION NO. 85-141 RESOLUTION OF THE CITY OF SAN BERNARDINO PROVIDING FOR THE ISSUANCE OF A SIX-MONTH BLANKET EXCAVATION PERMIT, AND CONDITIONS THEREFOR, TO SOUTHERN CALIFORNIA GAS COMPANY. 2 3 4 WHEREAS, Southern California Gas Company (Gas Company) 5 obtains a large percentage of the number of excavation permits 6 issued by the City of San Bernardino; and 7 WHEREAS, it would be more efficient to issue a blanket 8 lexcavation I individual ,i II permit for a given period of time rather than issuing 9 excavation permits to Gas Company; and 10 WHEREAS, Gas Company and its contractors now use compacting 11 equipment and asphalt materials which produce very few failures in 12 asphalt pavement work; and 13 WHEREAS, Gas Company will have a continuing obligation to 14 maintain completed excavation projects made under such a blanket 15 permit, 16 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL DO RESOLVE AS 17 FOLLOWS: 18 SECTION 1. The Gas Company may be issued by Public Services IDepartment a blanket excavation permit for a period of six months , i Ion the following conditions: I A. That the work permitted under the blanket permit is Ii . . d f 11 . 11 I1m1 te to the 0 oW1ng: " ~ (1) Maintain, inspect, repair or abandon all existing ~undergrOUnd facilities. Ii II (2) Install transverse underground service connections II two- inches in diameter or less. Ii (3) Potholing for Gas Company activities and/or City ,i Ii 'i projects. , , ; 19 20 21 22 23 24 25 26 27 28 ~ /' 1 (4) Installation of cathodic protection on existing 2 facilities. 3 B. That the following work is not permitted: 4 (1) Installation or relocation of any longitudinal 5 underground facilities. 6 (2) New underground transverse installations over two 7 inches in diameter. 8 (3) Excavations having surface cuts greater than four 9 feet by four feet (4' x 4'). 10 C. That the City Department of Public Services be notified 11 where unusual situations are encountered. 12 D. That holiday traffic restrictions apply to the blanket 13 permit. 14 E. That the Gas Company shall make a monthly report of all 15 cuts made under the blanket permit to the City. Said report shall 16 include the location of the work site, the dimensions of the cut, 17 type of material and the date of excavation. 18 F. That the City shall inspect each excavation site for 19 compliance with pertinent provisions of the Municipal Code, and 20 notify the Gas Company whether or not the work is acceptable. I G. Upon acceptance of the work by the City, the Gas Company I I shall pay the current permit fee of ten dollars for each I excavation. II H. The Gas Company shall be billed by the City on a monthly lb' II aS1S. II 1. The Gas Company shall have a continuing obligation to I maintain the completed excavation projects under the blanket I I i permit. 21 22 23 24 25 26 27 28 -2- II II i " ! I J. That the Gas Company enter into an agreement with the 2 City incorporating the provisions set forth herein, a provision 3 holding the City harmless, and any other provision deemed 4 necessary by the City Attorney. Said agreement shall be subject 5 to the approval of the City Attorney. Upon approval of said 6 contract, the Mayor is authorized and directed to execute said 7 Icontract. II I HEREBY CERTIFY that the foregoing resolution was duly II adopted by the Mayor and Common Council of the City of San ! Bernardino at a rpg"l i'lr meeting thereof, held on 8 9 10 11 ithe ll;+-h day of nor""; 1 , 1985, by the following vote, 12 to wit: 13 AYES: Council Members rR!=:.t-.:=1npn;=l Reill,r HArnRnde7 - 14 M;:::lrl..~. Q11;t:l1 Ji'rrl'7.;pr 15 NAYS: hTnnA 16 ABSENT: rnllnril Mc.mnpr ~+-r;,...k'p.r 17 .#;yft/;Y/~0 / City Clerk 18 19 The foregoing resolution is hereby V'L day 21 I I i [I II Approved as to form: Ii ~J'I-;IJ~ II City ttorney [I II I, Ii II I I !of 7\prj J , 1985. 20 22 23 24 25 26 27 28 -)- -~._-_.- " 1 A G R E E MEN T 2 (Six-Month Blanket Excavation Permit) 3 THIS AGREEMENT is made and entered into thi~ ~ day of 4 ~t , 1985, by and between the CITY OF SAN BERNAROINO, 5 a municipal corporation, hereinafter called "City", and SOUTHERN 6 CALIFORNIA GAS COMPANY, hereinafter called "Gas Company". 7 The parties hereto agree as follows: I , II .1 I I permit I 8 1. Recitals. 9 A. It is more efficient to issue a blanket excavation for a given periOd of time rather than issuing individual 10 11 excavation permits to the Gas Company. 12 B. The Gas Company and its contractors are now using !compacting equipment and asphalt materials which produce very few I failures in asphalt pavement work. . C. The City, by Resolution No. 85-143, has provided for i I Ithe issuance of a blanket excavation permit upon execution of this !agreement incorporating the permit conditions set forth in said , I . iresolutlon. 13 14 15 16 17 18 19 2. Issuance of Blanket Excavation. The Public Services [Department is authorized to issue a blanket excavation permit for I la period of six-months on the following conditions: II !Ilimited to the following: , Ii Ii Ii ~existing underground facilities. i , I I connections two-inches in diameter or less. II 'I I I I I I: 20 21 22 A. The work permitted under the blanket permit is 23 24 ( 1 ) Maintain, inspect, repair or abandon all 25 26 (2) Install transverse underground service 27 28 (3 ) Potholing for Gas Company activities and/or City 1----- ! 1 proj ects. 2 (4) Installation of cathodic protection on existing 3 facilities. 4 B. The following work is not permitted: 5 (1) Installation or relocation of any longitudinal 6 underground facilities. 7 (2) New underground transverse installations over 8 two-inches in diameter. 9 (3) Excavations having surface cuts greater than 10 four feet by four feet (4' x 4'). 11 C. The City Department of Public Services be notified 12 where unusual situations are encountered. 13 D. Holiday traffic restrictions apply to the blanket 14 permi t. 15 E. The Gas Company shall make a monthly report of all 16 cuts made under the blanket permit to the City. Said report shall 17 include the location of the work site, the dimensions of the cut, 18 type of material and the date of excavation. 19 F. The City shall inspect each excavation site for 20 compliance with pertinent provisions of the Municipal Code, and 21 I notify the Gas Company whether or not the work is acceptable. 22 I G. Upon acceptance of the work by the City, the Gas 23 Company shall pay the current permit fee of ten dollars for each lexcavationl such fees shall be billed by the City on a monthly 24 25 basis. 26 I Ilmaintain the completed excavation projects under the blanket permit until the street is resurfaced by the City. H. The Gas Company shall have a continuing obligation to 27 28 -2- II 'i ii 1 I. The Gas Company hereby agrees to indemnify and hold 2 City, its elective and appointive boards, commissions, officers, 3 agents, and employees harmless from any liability for damage or 4 claims for damage for personal injury, including death, as well as 5 from claims for property damage arising out of any work performed 6 under the blanket excavation permit issued pursuant to this 7 agreement, or other obligation imposed under this agreement. 8 J. Should the Gas Company fail to comply with the 9 provisions of this agreement or the provisions of Chapter 12.04 10 of the San Bernardino Municipal Code, the blanket permit may be 11 terminated by the City upon ten days' written notice. This 12 remedy is in addition to any other remedy provided in Chapter 13 12.04 of the San Bernardino Municipal Code. 14 K. A copy of this agreement will be attached to the 15 blanket excavation permit, and the permit shall include a 16 statement that it is issued subject to the provisions of this 17 agreement. 18 IN WITNESS WHEREOF, the parties hereto have executed this 19 agreement as of the day and year first above written. 20 21 . ATTEST: I I' 11~7~~ C,{ty Clerk " Ii Ii ,I I I I II II Approved as to form: II~~~ ICity A orney ~I -3- By 22 23 SOUTHERN CALIFORNIA GAS COMPANY 24 " 25 B 26 Ti tle 27 28