HomeMy WebLinkAbout32- Water Department CITY OF SAN BERT .RDINO - REQUEST ' 1R COUNCIL ACTION
From: Cheryl A. Flowers Subject: RESOLUTION AND AGREEMENT OF THE
Assistant General Manager CITY OF SAN BERNARDINO PROVIDING
Dep*: Water Department FOR THE ISSUANCE OF A BLANKET
EXCAVATION PERMIT TO THE BOARD
Date: March 15 , 1993 OF WATER COMMISSIONERS
Synopsis of Previous Council action:
NONE
Recommended motion:
ADOPT RESOLUTION _
U
Signature
Contact person: Cheryl A. Flowers Phone: 384-5393
Supporting data attached: Ward:
FUNDING REQUIREMENTS: Amount: None
Source: (Acct. No.)
(Acct. Description)
Finance:
Council Notes:
75-0262 Agenda Item No.
CITY OF SAN BERN IDINO - REQUEST F'^R COUNCIL ACTION
STAFF REPORT
The Water Department and Public Services have developed an
Agreement that will streamline the internal permitting procedures
for street excavation projects. The Water Department currently
obtains many permits throughout the year for repairs, maintenance,
and/or installation of water lines and service. This Agreement
provides for a Blanket Excavation Permit, issued to the Water
Department with conditions including surface area limits,
notification to Public Services for unusual circumstances as well
as on a monthly basis, the payment of a $10. 00 fee per excavation,
compliance with the Municipal Code, and indemnification of the City
by the Water Department. This Agreement was approved by unanimous
vote of the Board of Water Commissioners on March 9, 1993.
RECOMMENDATION:
It is recommended that the Mayor and Common Council adopt the
attached Resolution providing for the issuance of a blanket
excavation permit, and conditions therefor, to the Board of Water
Commissioners, City of San Bernardino Water Department.
75-0264
1 RESOLUTION NO.
2 RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN
AGREEMENT WITH THE BOARD OF WATER COMMISSIONERS, CITY OF SAN
3 BERNARDINO MUNICIPAL WATER DEPARTMENT, PROVIDING FOR THE ISSUANCE
OF A BLANKET EXCAVATION PERMIT AND CONDITIONS THEREFOR.
4
5 WHEREAS, Board of Water Commissioners, City of San Bernardino
6 Municipal Water Department (Water Department) obtains a large
7 percentage of the number of excavation permits issued by the City
8 of San Bernardino; and
9 WHEREAS, the Water Department currently obtains permits
10 throughout the year for repairs, maintenance, and/or installation
11 of water lines and mains; and
12 WHEREAS, it would be more efficient to issue a blanket
13 excavation permit for a given period of time rather than issuing
14 individual excavation permits to the Water Department; and
15 WHEREAS, the Water Department and its contractors now use
16 compacting equipment and asphalt materials which produce very few
17 failures in asphalt pavement work; and
18 WHEREAS, the Water Department will have a continuing
19 obligation to maintain completed excavation projects made under
20 such a blanket permit.
21 NOW, THEREFORE, THE MAYOR AND COMMON COUNCIL DO RESOLVE AS
22 FOLLOWS:
23 SECTION 1. The Water Department may be issued, by the Public
24 Services Department, a blanket excavation permit based upon on the
25 following conditions:
26 A. That the work permitted under the blanket permit (surface
27 cuts of sixteen (16) square feet or less) is limited to the
28 following:
3-24-93/eg - 1
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT
WITH THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO
1 MUNICIPAL WATER DEPARTMENT, PROVIDING FOR THE ISSUANCE OF A BLANKET
EXCAVATION PERMIT AND CONDITIONS THEREFOR.
2
3
4 (1) Maintain, inspect, repair or abandon all Water
5 Department underground facilities.
6 (2) Install transverse underground service connections
7 two (2) inches in diameter or less in streets that have not been
8 constructed or resurfaced within a one (1) year period.
9 (3) Potholing for Water Department activities and/or
10 City projects.
11 B. That the following work is not permitted:
12 (1) Installation or relocation of any longitudinal
13 underground facilities.
14 (2) New underground transverse installations over two
15 (2) inches in diameter.
16 (3) Excavations having surface cuts greater than sixteen
17 (16) square feet.
18 (4) Excavations on new or recently resurfaced streets
19 (one (1) year old or less) shall require the prior approval of the
20 Director of Public Services excepting emergency repairs.
21 C. That the City Department of Public Services be notified
22 where unusual situations are encountered.
23 D. That holiday traffic restrictions apply to the blanket
24 permit.
25 E. The Water Department shall make a monthly report of all
26 cuts made under the blanket permit to the City. Said report shall
27 include the location of the work site, the dimensions of the cut,
28 type of material, and the date of excavation.
2 -
3-24-93/eg
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT
WITH THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO
1 MUNICIPAL WATER DEPARTMENT, PROVIDING FOR THE ISSUANCE OF A BLANKET
EXCAVATION PERMIT AND CONDITIONS THEREFOR.
2
3
4 F. That the City shall inspect each excavation site for
5 compliance with pertinent provisions of the Municipal Code, and
6 notify the Water Department whether or not the work is acceptable.
7 G. Upon acceptance of the work by the City, the Water
8 Department shall pay the current permit fee of ten dollars ($10.00)
9 for each excavation; such fees shall be billed by the City on a
10 monthly basis.
11 H. The Water Department shall have a continuing obligation
12 to maintain the completed excavation projects under the blanket
13 permit until the street is resurfaced by the City.
14 SECTION 2. The Mayor is hereby authorized and directed to
15 execute on behalf of said City an Agreement with the Board of Water
16 Commissioners, City of San Bernardino Municipal Water Department,
17 to provide Blanket Excavation Permits, a copy of which is attached
18 hereto and incorporated herein, marked Exhibit "A" .
19 SECTION 3 . The authorization to execute the above-
20 referenced Agreement is rescinded if the parties to the Agreement
21 fail to execute it within sixty (60) days of the passage of this
22 resolution.
23
24
25
26
27
28
3-24-93/eg - 3 -
RESOLUTION OF THE CITY OF SAN BERNARDINO APPROVING AN AGREEMENT
WITH THE BOARD OF WATER COMMISSIONERS, CITY OF SAN BERNARDINO
1 MUNICIPAL WATER DEPARTMENT, PROVIDING FOR THE ISSUANCE OF A BLANKET
EXCAVATION PERMIT AND CONDITIONS THEREFOR.
2
3
4 I HEREBY CERTIFY that the foregoing resolution was duly
5 adopted by the Mayor and Common Council of the City of San
6 Bernardino at a meeting thereof, held on the
7 day of , 1993, by the following vote, to-
8 wit:
9 Council Members: AYES NAYS ABSTAIN ABSENT
10 ESTRADA
11 REILLY
12 HERNANDEZ
13 MAUDSLEY
14 MINOR
15 POPE-LUDLAM
16 MILLER
17
18
19 City Clerk
20 The foregoing resolution is hereby approved this day of
1993.
21
22
W. R. Holcomb, Mayor
23 City of San Bernardino
24 Approved as to
form and legal content:
25
JAMES F. PENMAN,
26 City Attorney
27
28 BY:
3-24-93/eg - 4 -
1 A G R E E M E N T
2 (Blanket Excavation Permit)
3 THIS AGREEMENT is made and entered into this day of
4 , 1993 , by and between the CITY OF SAN BERNARDINO, a
5 municipal corporation, hereafter called "City" , and the BOARD OF
6 WATER COMMISSIONERS, CITY OF SAN BERNARDINO MUNICIPAL WATER
7 DEPARTMENT, hereinafter called "Water Department. "
8 The parties hereto agree as follows:
9 1. Recitals.
10 A. It is more efficient to issue a blanket excavation
11 permit rather than issuing individual excavation permits to the
12 Water Department.
13 B. The Water Department and its contractors are now
14 using compacting equipment and asphalt materials which produce very
15 few failures in asphalt pavement work.
16 C. The City, by Resolution No. has provided for
17 the issuance of a blanket excavation permit upon execution of this
18 Agreement incorporating the permit conditions set forth in said
19 resolution.
20 2 . Issuance of Blanket Excavation. The Public Services
21 Department is authorized to issue a blanket excavation permit based
22 upon the following conditions:
23 A. The work permitted under the blanket permit (surface
24 cuts of sixteen (16) square feet or less) is limited to the
25 following:
26 (1) Maintain, inspect, repair or abandon all Water
27 1 Department underground facilities.
28 (2) Install transverse underground service
- 1 -
EXHIBIT "A"
1 connections two (2) inches in diameter or less in streets that have
2 not been constructed or resurfaced within a one (1) year period.
3 (3) Potholing for Water Department activities
4 and/or City projects.
5 B. The following work is not permitted:
6 (1) Installation or relocation of any longitudinal
7 underground facilities.
8 (2) New underground transverse installations over
9 two (2) inches in diameter.
10 (3) Excavations having surface cuts greater than
11 sixteen (16) square feet.
12 (4) Excavations on new or recently resurfaced
13 streets (one (1) year old or less) shall require the prior approval
14 of the Director of Public Services excepting emergency repairs.
15 C. The City Department of Public Services be notified
16 where unusual situations are encountered.
17 D. That holiday traffic restrictions apply to the
18 blanket permit.
19 E. The Water Department shall make a monthly report of
20 all cuts made under the blanket permit to the City. Said report
21 shall include the location of the work site, the dimensions of the
22 cut, type of material, and the date of excavation.
23 F. The City shall inspect each excavation site for
24 compliance with pertinent provisions of the Municipal Code, and
25 notify the Water Department whether or not the work is acceptable.
26 G. Upon acceptance of the work by the City, the Water
27 Department shall pay the current permit fee of ten dollars (.$10.00)
28 for each excavation; such fees shall be billed by the City on a
- 2 -
1 monthly basis.
2 H. The Water Department shall have a continuing
3 obligation to maintain the completed excavation projects under the
4 blanket permit until the street is resurfaced by the City.
5 I. The Water Department hereby agrees to indemnify and
6 hold City and its officers, employees, successors and assigns, and
7 each of them, harmless from and against all liability or claims
8 thereof for loss of or damage to property or injury to or death of
9 any person proximately caused in whole or in part by the negligence
10 of Water Department or its contractors, or by any acts for which
11 Water Department or its contractors are liable without fault save
12 and except in those instances which such loss, damage, injury, or
13 death is caused in whole or in part by the negligence of City or
14 its contractors or by any acts for which City or its contractors
15 are liable without fault as well as from claims for property damage
16 arising out of any work performed under the blanket excavation
17 permit issued pursuant to this Agreement, or other obligation
18 imposed under this Agreement.
19 J. Should the Water Department fail to comply with the
20 provisions of this Agreement or the provisions of Chapter 12 .04 of
21 the San Bernardino Municipal Code, the blanket permit may be
22 terminated by the City upon ten (10) days written notice. This
23 remedy is in addition to any other remedy provided in Chapter 12. 04
24 of the San Bernardino Municipal Code.
25 K. A copy of this Agreement will be attached to the
26 blanket excavation permit, and the permit shall include a statement
27 that it is issued subject to the provisions of this Agreement.
28 IN WITNESS WHEREOF, each of the parties hereto has caused
- 3 -
AGREEMENT FOA BLANKET EXCAVATION PERMIT
1 .
this Agreement to be executed by its respective duly authorized
2 officers. The effective date of this Agreement shall be the date
3
first above written.
4
5 City of San Bernardino
6
7 By:
8 W.R. Holcomb, Mayor
City of San Bernardino
9 BOARD OF WATER COMMISSIONERS
10 CITY OF SAN BERNARDINO MUNICIPAL
WATER DEPARTMENT
11
12 By:
13 Title:
14 Approved as to form
and legal content:
15 JAMES F. PENMAN,
16 City Attorney
17 By:
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