[Added by Ord. No. 03-21-16]
The provisions of this chapter shall be effective in the incorporated
areas of the City of Mendota.
The following words shall have the meanings given them by this
section:
An owner of residential property or such owner's designee,
or an entity engaged in a service line capital improvement;
The City of Mendota Water Department;
Real estate identified by a single locator number which is
assessed as residential by the City of Mendota. The property may contain
multiple dwelling units but must be occupied by the owner of the real
estate. Under no circumstances shall commercial or industrial buildings
containing a residence be considered for the program.
That portion of residential property's water service line
piping and related valves and connectors which extends beyond the
water mains owned and operated by the municipality distributing the
public water supply to and including the shutoff valve, but shall
not include any portion of the line from the shutoff valve to, inside
or under any structure on the residential property, and shall not
include the water meter or any facilities owned by the municipality
distributing the water service;
A project in a public right-of-way that necessitates the
repair, patching, replacement or relocation of service lines;
The repair of a defective service line necessary to relieve
immediate danger to the health, safety, or welfare of the public.
The determination of whether or not an emergency exists is at the
discretion of the Superintendent.
The repair, patching, relocation or replacement of a water
line due to failure of the line or for a service line capital improvement,
including repair and replacement of the corporation cock, stop cock
and stop boxes, and including associated digging and the replacement
of dirt and seeding of affected areas. Service line repair shall not
include any work that includes the line between the shutoff valve
to the residence or any plumbing located on the inside of or under
any structure; shall not include repair or replacement of service
lines damaged as a result of freezing, earthquakes or other acts of
God; shall not include the elective replacement of lead service lines
with alternative material; shall not include the location of service
lines and/or shutoff valves exclusive of repairs; and shall not include
replacement of landscaping or ornamental structures; but may include
replacement of structural facilities required for safe occupancy of
a structure or safe use of property.
The City of Mendota Superintendent of Water Department or
designee;
There is hereby established a special revenue fund, to be designated
as the service line repair fund, in which shall be deposited all monies
collected by the City of Mendota. The account shall be funded by the
implementation of the water service line repair fee in the amount
of $1 per month for all households receiving a monthly water, sewer
and/or garbage bill. All monies received thereby shall be deposited
in this fund upon receipt, together with all interest generated on
deposited funds, and shall stand appropriated upon receipt for payment
of costs reasonably associated and necessary to administer and carry
out the service line repair program. The City Clerk's office shall
administer and disburse funds from this fund upon authorization of
the Superintendent of the Water Department.
Applicants who own residential property who wish to participate
in the service line repair program shall complete an application on
forms to be created and provided by the Department. In order to be
eligible for participation in this program, applicant shall:
A.
Provide satisfactory proof that the proposed water line service repair
is for residential property within the City of Mendota;
B.
Provide satisfactory proof of ownership or permission by the owner
of all premises on, over, and under which service line repairs are
to be effected;
C.
Provide satisfactory proof of currently paid water service bill and
service line repair fee;
D.
Provide written certification that neither the applicant(s), [the]
other owner(s), nor anyone on their behalf will make any claim against
or seek any relief from the City of Mendota arising out of or in connection
with any work completed or any action taken in connection with the
service line repair program. The applicant shall further certify the
applicant's acknowledgement that the City of Mendota is not responsible
for the acts of the contractor making the repair, replacement or road
relocation and that the applicant shall indemnify the City of Mendota
and hold the City of Mendota harmless from any and all claims arising
out of the applicant's participation in, and work performed and actions
taken in connection with, the service line repair program;
E.
Provide a written report from the water service provider that the
service line is defective and repair is necessary. Such report should
specify the nature and location of the defect, in such detail that
the Superintendent may adequately determine both the nature of the
defect and the bidding requirements for the service line repair. The
Superintendent may in his discretion accept such report from a properly
licensed master plumber in lieu of a report from the water service
provider.
F.
Certify that the applicant has the authority to and does consent
to the performance of service line repair work on and about the property
described in the application, that the applicant will not interfere
with the work to be performed by the contractor selected by the Superintendent,
and that the applicant shall reimburse the City for all expenses incurred
by the City on the applicant's behalf in the event that the applicant
withdraws permission to proceed or otherwise interferes with performance
of work authorized under this program;
G.
Certify that the applicant understands and acknowledges that service
line repair includes only the patching or replacement of a defective
service line, including associated digging and the replacement of
dirt and seeding of affected areas, and does not include replacing
of landscaping or ornamental structures and may not include replacement
of structural facilities;
H.
Certify that the applicant understands and acknowledges that the
service line repair program excludes any and all repair work between
the shutoff valve and residence, or on the inside of the building
structure and may exclude repairs under structures. If repair work
is required between the shutoff valve and structure, or under any
structure or on the inside of the residence as part of an eligible
service line repair program repair, those costs shall be the responsibility
of the homeowner;
I.
Certify that the applicant understands and acknowledges that the
service line repair program does not include payment for the elective
replacement of lead lines, and does not include payment for service
line repairs necessary due to freezing of water lines, earthquakes
or other acts of God;
J.
Agree to repair at the applicant's expense those portions of the
property designated by the Superintendent within 15 days of the service
line repair or at other such time as may be established by the Superintendent;
K.
Certify to what extent, if any, the applicant is insured for all
or part of the cost of City-approved repairs.
A.
The Department shall maintain a list of licensed service line repair
contractors (repair list), to be updated periodically, in accordance
with standards promulgated by the Superintendent. The Superintendent
may remove the name of any contractor for documented cause, including
but not limited to failure to respond to previous bid requests; failure
to enter into a contract after selection; failure to perform work
in a timely or professional manner; failure to maintain required licenses,
bonds, or insurance; failure to comply with the Superintendent's rules
and regulations; or poor occupational health and safety compliance,
or any other cause deemed necessary by the Superintendent.
B.
Upon determination of the Superintendent that an applicant is eligible
to participate in the service line repair program and that the repair,
or any portion thereof, should be completed, the Superintendent shall
make a numbered list of eligible contractors. Contracts shall be awarded
in numerical order except when a contractor cannot perform the repair
in a timely fashion. In that case, the next contractor on the list
will be awarded the contract. The contractor passed by shall be awarded
the next repair contract. Once a contractor has been awarded a repair,
the contractor will go to the bottom of the list.
C.
If the Superintendent determines after a reasonable effort to solicit
bids or because of emergency conditions that it is not practicable
to secure three competitive bids, he shall prepare a full and complete
statement of the reasons therefor, including the names of all contractors
contacted, and shall file same with the other papers relating to the
transaction. The Superintendent shall award the contract to the most
qualified company.
D.
Notwithstanding any provision to the contrary, if the applicant's
insurance has paid for a portion of the cost of City-approved service
line repairs, the Superintendent may pay the applicant an amount not
to exceed that portion of the cost not covered by insurance.
A.
All bids shall be submitted to the Superintendent and shall be clearly
identified as bids. The Superintendent shall have the authority to
reject all bids, or bids for any one or more supplies or contractual
services included in the proposed contract, when the public interest
will be served thereby.
B.
Contracts shall be awarded to the lowest responsible bidder. In determining
the lowest responsible bidder, in addition to cost, the Superintendent
shall consider the ability, capacity or skill of the bidder to perform
the contract or provide the service required; whether the bidder can
perform the contract or provide the service promptly or within the
time specified, without delay or interference; the character, integrity,
reputation, judgment, experience and efficiency of the bidder; the
quality of performance of previous contracts or services; the previous
and existing compliance by the bidder with laws and ordinances relating
to the contract or service; the sufficiency of the financial resources
and ability of the bidder to perform the contract or provide the services;
the quality, availability of supplies, or contractual services to
the particular use required; the ability of the existing compliance
by the bidder with laws and ordinances relating to the contract or
services; the sufficiency of the financial resources and ability of
the bidder to provide future maintenance and service for the use of
the subject to the contract; and the number and scope of conditions
attached to the bid. When the award is not given to the lowest bidder,
a full and complete statement of the reasons for placing the order
elsewhere shall be prepared by the Superintendent, along with the
concurrence of the City Counselor as to all bids in excess of $20,000,
and filed with the other papers relating to the transaction. If two
or more bidders tie for low bid and elements of time or responsibility
of the bidders are not sufficient to justify the award to one of the
tie bidders, the Superintendent shall award the contract to one of
the tie bidders by drawing lots in public.
A.
An applicant that wishes to participate in the service line capital
improvement program shall complete an application on forms provided
by the Department, and shall include supporting documentation requested
on the application. In order to be eligible for participation in the
program, the applicant shall:
(1)
Provide satisfactory proof that the proposed service line repairs/relocations
are made necessary by improvements to the public right-of-way;
(2)
Provide satisfactory proof that the service line repairs/relocations
are for residential properties within the City of Mendota;
(3)
Provide written certification that neither the applicant(s),
nor anyone on their behalf will make any claim against or seek any
relief from the City of Mendota arising out of or in connection with
any work completed or any action taken in connection with the service
line capital improvement program. The applicant shall further certify
the applicant's acknowledgement that the City of Mendota is not responsible
for the acts of any applicant, contractor or subcontractor associated
with the project, and the applicant shall indemnify the City of Mendota
and hold the City of Mendota harmless, to the extent authorized by
law, from any and all claims arising out of the applicant's participation
in, and work performed and actions taken in connection with, the service
line capital improvement program;
(4)
Provide written certification that all such service line repairs/relocations
as part of the capital improvement project be performed by a City
of Mendota-licensed master plumber, and that repairs be completed
in accordance with all City, municipal and other applicable code regulations
and permit requirements;
(5)
Certify that the applicant shall reimburse the City for all
expenses incurred by the City on the applicant's behalf in the event
that the applicant withdraws any or all portions of the capital improvement
project or otherwise interferes with performance of work authorized
under this program;
(6)
Certify that the applicant understands and acknowledges that
service line repair/relocation under the capital improvement program
includes only the repair, relocation, reconnection or replacement
of a residential service line required as a result of improvements
to the public right-of-way, including associated digging and the replacement
of dirt and seeding of affected areas, and does not include replacing
of landscaping or ornamental structures but only replacement of structures
required for safe occupancy of a residence or safe use of property;
(7)
Certify that the applicant understands and acknowledges that
the service line capital improvement program excludes any and all
repair work between the shutoff valve and structure or on the inside
or under any structure;
(8)
Certify that the applicant understands and acknowledges that
the service line repair program does not include payment for the elective
replacement of lead lines, and does not include payment for service
line repairs necessary due to freezing of water lines, earthquakes
or other acts of God.
B.
Applicants shall adhere to all program rules and regulations, and
all applicable state and local laws. Criteria used for the approval
of project funding may include the number of residents serviced, the
overall capital improvement project size, traffic counts, and other
evaluation criteria as determined by the Superintendent.
C.
After review and recommendation by the Superintendent, the City Executive
shall determine which applications should be granted, subject to approval
by order of the City Council.
D.
Administration of the service line capital improvement program shall
be contingent upon the availability of funding collected or anticipated
to be collected or as may be made available pursuant to the fee of
$1 per month imposed upon service lines by this chapter.
E.
The Superintendent shall promulgate rules and regulations to carry
out the purposes and intent of the service line capital improvement
program to protect the public safety, health and welfare, and to administer
the program in an effective, efficient and timely manner. All rules
and regulations shall be filed with the Administrative Superintendent
after being first approved by order of the City Council.
The Superintendent in his discretion is authorized to execute
on behalf of the City of Mendota contracts necessary to administer
and carry out the service line repairs, including contracts with licensed
service line repair contractors, and other professional contractors
as may be necessary. All contracts awarded pursuant to the service
line repair program are subject to approval by the Accounting Officer
and approval as to legal form by the City Counselor. All such contracts
shall provide that:
B.
The contractor shall pay the equivalent of the prevailing wage;
C.
Applicants on whose property work is to be performed are acknowledged
to be third-party beneficiaries under the contract;
D.
The contractor shall be responsible for securing all permits;
E.
The contractor shall be paid only upon satisfactory completion of
the work and approval by all relevant agencies, including, as appropriate,
the water service provider and the Department;
F.
The contractor, in performing the contract, shall not discriminate
against any employee or employment applicant based on race, creed,
color or national origin.
In the event that a service line repair emergency exists at
a time outside of normal business hours, a person who wishes to participate
in the service line repair program may contact any properly licensed
master plumber and arrange for the performance of such work as may
be necessary to relieve the immediate emergency. The Superintendent
shall authorize reasonable compensation to such master plumber for
emergency repairs, if the master plumber certifies that a service
line repair emergency existed and the repairs were necessary, to the
satisfaction of the Superintendent.
The Superintendent is authorized to enter into contracts with
public utility companies and municipalities that provide water service
for service line repairs and may negotiate fees in accordance with
the public service commission-established rates and prevailing costs.
Administration of the service line repair program shall be contingent upon the availability of funding collected or anticipated to be collected or as may be made available pursuant to the fee of $1 per month imposed upon service lines by § 318-38.3.
The Superintendent shall promulgate rules and regulations to
carry out the purposes and intent of the service line repair program
to protect the public safety, health and welfare, and to administer
the program in an effective, efficient and timely manner. All rules
and regulations shall be filed with the Administrative Superintendent
after being first approved by order of the City Council.
In the event that local or municipal permit, restoration, inspection
or other requirements exceed those of the City of Mendota and result
in additional costs for a service line repair, the homeowner or municipality
will be responsible for paying such additional costs.
