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Home My WebLink AboutCC 6 UNDERGD SVC ALRT 5-2-83AGENDA DATE: TO: THRU: FROH: SUBJECT: ~- i // ~~% CONSENT C~T.'~.NDAR . ~:, ~ NO. 6 5-2-83 Inter-Corn / BILL HUSTON, CITY MANAGER J~ BOB LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER APRIL 22, 1983 MONDA BUCKLEY, ADMINISTRATIVE ASSISTANT ASSOCIATE PARTY AGREEMENT - UNDERGROUND SERVICE ALERT OF SOUTHERN CALIFORNIA (USA/SC) RECOMMENDATION: Request Council to execute the attached Associate Party Agreement to become effective July 1, 1983. BACKGROUND: During the last session of the State legislature, AB3019 was adopted. This bill mandates the membership of local governments in Underground Service Alert of Southern California (USA/SC). The primary purpose of USA/SC is to provide a centralized, one number call system to expeditethe location of underground installations prior to the start of any excavation work. The major functions of USA/SC are to receive advanced (two days) reports from public, contractors, utilities and all other agencies who are planning excavation activities. These reports are then transmitted to all participating members who may have underground facilities at the location of such activity or are otherwise concerned with the activity. The major objective of USA/SC and the enabling legislation is: 1) Promote public safety 2) Eliminate costly damage to underground facilities 3) Reduce lost production time, due to damages 4) Promote compliance with O.S.H.A., Section 1926.651 5) Help protect the underground environment 6) Promote membership in USA/SC 7) Promote use of USA/SC The estimated membership to the City in fiscal 1983-84 will be $988.00. The estimate was derived as follows: Population of 38 M x .50/M + $25.00/Mo. = $44.00/Mo. Number of calls/Mo. 30 x $1.25 37.50/Mo. Subtotal $81.50/Mo. Annual Cost 81.50 x 12 = One time only - telephone installation Grand Total $978.00 10.00 ASSOCIATE PARTY AGREEMENT APRIL 22, 1983 PAGE TWO There will be no additional cost to meet the insurance requirements, as our existing policy exceeds the minimum requirement. Both copies of the Associate Party Agreement will need to be signed as USA/SC requires two originals. The agreement has been reviewed with City Attorney, Jim Rourke. Mr Rourke advised staff that a resolution need not be executed. MONDA BUCKLEY ~ ADMI NI STRATIVE ASS ISTANT db EXHIBIT 2 ASSOCIATE PARTY AGREEMENT THIS AGREEMENT made as of the day of , 19 , and among SOUTHERN CALIFORNIA GAS COMPANY, THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY, GENERAL TELEPHONE COMPANY OF CALIFORNIA, SOUTHERN CALIFORNIA EDISON (hereinafter referred to as "Principal Parties") and C~t¥ of lust~n (hereinafter referred to as "Associate Party"). WITNESSETH: WHEREAS, the Principal Parties have heretofore entered into an Agreement dated as of July 1, 1976 (hereinafter referred to as the "Principal Party Agreement"), a copy of which is attached hereto and made a part hereof, and WHEREAS, Associate Party desires to become a participating Associate Party under the Principal Party Agreement, NOW, THEREFORE, the parties agree as follows: 1. Associate Party accepts and agrees to be bound by the terms and conditions of the Principal Party Agreement. 2. The Principal Parties agree that Associate Party shall be accepted as a participating Associate Party under the Principal Party Agreement. 3. The fees to be paid by Associate Party for participating under the Principal Party Agreement as a participating Associate Party shall be determined in accord- ance with Principal Party Agreement and Exhibit 1 attached hereto. The provisions of the foregoing paragraph are not intended to, nor do they modify any additional obligation of Associate Party arising under the provisions of Article 4 of the Principal Party Agreement. 4. For the protection of the Principal Parties, Associate Party shall secure and maintain in force during the term of this Associate Party Agreement, comprehensive liability insurance, including contractual liability insurance, with minimum limits of $500,000 each occurrence for injury or death of any person or persons resulting from the same occurrence, and property damage coverage in the amount of $500,000 each occurrence. Such insurance shall be in such form and with such companies as may be acceptable.to the Principal Parties. A certificate or certificates evidencing such insurance shall be filed with the Contractor under the Principal Party Agreement within fifteen (15) days of the date hereof. Such certificate or certificates shall provide evidence that the policies of such insurance have been endorsed so as to provide twenty (20) days notice of the cancellation or change thereof to Contractor at the Con- tractor's address. ~ny written notice directed to Associate Party shall be addressed as follows: Dale Wick Assistant City Engineer 380 £~nt~nnia[ W~y 5. ~_n Associate Party men,her who does not operate underground facilities within the intent of this Agreement and/or does not desire to receive messages from the call center is exempt from the requirements of para- graphs 1, 2, 3 and 4 above. In conside=ation of waiver of the foregoing requirements and in recognition of the services provided by the call center to excavators, under- ground operators and to the general public to reduce damages and prevent interruption of necessary services the Associate Party men~0er agrees to pay .50/M + $15.00/M0. in accordance with the terms of this Agreement. 6. This Agreement shall become effective on the day and year above first written and shall continue in effect for a period of one (1) year and from month to month thereafter; provided, however, that this Agreement may be terminated at any time after one (1) year by the Associate Party men~ber upon thirty (30) days' prior written notice to each Principal Party or at any time after one (1) year by all Principal Parties upon thirty (30) days' prior written notice to the Associate Party. Any Principal Party may terminate its participation in this Agreement at any time after one (1) year upon ninety (90) days' prior written notice to the other Principal Parties and the Associate Party without affecting the remainder of this Agreement. 7. Notices provided for in this agreement to be given by participating Associate Parties to Contractor and the Principal Parties may be given by delivering such notice to the one call center addressed to Contractor and Principal Parties by their individual names. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by their duly authorized officers as of the day and year above first written. Associate Party By Title PRINCIPAL PARTIES THE PACIFIC TELEPHONE AND TELEGRAPH COMPANY GENERAL TELEPHONE COMPANY OF CALIFORNIA SOUTHERN CALIFORNIA EDISON COMPANY SOUTHERN CALIFORNIA GAS COMPANY SAN DIEGO GAS ~D ELECTRIC COMPANY By Title: Chairman, Board of Governors Underground Service Alert Authorized representative for the Principal Parties DATE: 4/12/83 CONSENT CALENDAR NO. 6 ? Inte --Com TO: FROM: SUBJECT: ROBERT LEDENDECKER, DIRECTOR OF PUBLIC WORKS/CITY ENGINEER JAMES G. ROURKE, CITY ATTORNEY JAMES P. LOUGH, DEPUTY CITY ATTORNEY A.B. 3019 - UNDERGROUND SERVICE ALERT This Inter-Com is in response to your request for an opinion as to the application of A.B. 3019 (Statutes - 1982, Chapter 1507) to the City of Tustin. Under the expansion of the Under- ground Alert Program, the City of Tustin will be bound by the requirements of A.B. 3019. A.B. 3019 adds Sections 4216 and 4217 to the Government Code. These Sections will be operative July 1, 1983. They will require participation by owners of subsurface installations in a Regional Notification Center. It also requires all excavation permits issued by a local agency to be conditioned on the obtaining of an inquiry identification number from a Regional Notifica- tion Center. Basically, under Section 4216(b), every owner of a subsurface installation shall become a member of, participate in, and share in the costs of a Regional Notification Center. This includes local agencies who own and operate subsurface installa- tions. A local agency is defined under the Statute as a city, county, city and county, school district, or special district. The definition of a subsurface installation is very broad and includes any underground pipeline, conduit, duct, wire, or other structure operated or maintained in or across a public street or public right-of-way. (Section 4216(a)(2).) This definition would necessarily include water installations, storm drain installations, sewer installations, and more than likely, traffic signal installations. The City will also be required to condition the issuance of any excavation permit on the obtaining of an inquiry identification number from a Regional Notification Center under Section 4216. Until July 1, 1983, Section 4215.5 will be in effect. This Section will then be phased out by A.B. 3019. It only requires that public utility companies, in certain areas, be required to become members of a Regional Notification Center. However, after July 1, 1983, Tustin will have to become a member of such a Notification Center and pay its share of the costs of such non-profit association. Robert Ledendecker Re: A.B. 3019 4/12/83 Page Two Under SectiQn 4 of the new law under Chapter 1507, no appropria- tion is made by the State in enacting the legislation. This is because the local agency has the authority to levy service charges, fees or assessments sufficient to pay for the program or level of service maintained by the Act. This allows the State to avoid Article XIIIB of~the California Constitution and Sections 2231 and 2234 of the Revenue and Taxation Code which require the State to reimburse local agencies for certain costs mandated by the State. JGR:JPL:se:R:4/12/83 cc: WH