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SEWER SERVICE BOUNDARY AGREEMENT
BETWEEN THE CITY OF BAKERSFIELD AND
NORTH OF THE RIVER SANITARY DISTRICT
NO. 1
THIS AGREEMENT is madeand entered into on JAN 12 Z000 , by and
between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY"
herein) and NORTH OF THE RIVER SANITARY DISTRICT NO. 1, a special district in the
County of Kern, State of California, ("NOR" heroin).
RECITALS
WHEREAS, both CITY and NOR aro empowerod to acquiro, construct, operate, and
maintain sewerage systems that include, but are not limited to, sewer lines, sewer lift
stations, wastewater treatment plants and treated wastewater effluent disposal facilities;
and
WHEREAS, CITY and NOR believe it would benefit both to establish a mutually
agroed upon sewer service boundaryunderstanding so both CITY and NOR can effectively
plan for facilities requirod in their respective sewer service aroas; and
NOW, THEREFORE, incorporating the foregoing recitals heroin, CITY and NOR
mutually agree as follows:
1. SEWER SERVICE AREA. CITY and NOR agroe to the following sewer
service area principles:
1.1
served by NOR;
If the property is annexed to NOR, such aroas within NOR shall be
1.2 If property is served by County through NOR and is annexed to CITY,
such aroas that are currently in the County which are being served by NOR would romain
under NOR's jurisdiction and roceive servicefrom NOR after annexation;
1.3 Undevelopedproperty the County intends to serve through NOR,
shown on Exhibit "A" as "proposed NOR ServiceAroa Boundary", shall continue to be
served by NOR should the City annex that property, and said property shall be required
to be concurrently annexed to NOR. Undeveloped property within the "City Service Aroa"
SewerSelviceBour~daryAgreementBetween ~
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Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
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as shown on Exhibit "A" shall be served by the City.
1.4 NOR will collect connection fees, line charges, and service charges
placed on the county tax rolls from NOR's service area as shown on Exhibit "A". City will
collectconnection fees, line charges, and service charges placed on the county tax rolls
from City's service area as shown on Exhibit "A".
2. MAINTENANCEAND ROADS. Should NOR provide sewer service to an
annexed area, NOR shall be solely responsible for all maintenance and repair of the sewer,
sewer lines, wastewater treatment facilities and all materials and equipment related
thereto. Should NOR excavate in CITY streets or rights-of-way in repairing or maintaining
theabove-listed facilities, then the restoration ofthe street, right-of-way, or any damaged
CITY-owned facility resulting from NOR's activities shall be repaired by NOR to the
satisfaction of the City Engineer or, if not repaired by NOR, then repaired by CITY and
billed to NOR. In restoring the street, right-of-way or other CITY facility, NOR shall use a
contractor licensed in the State of California, with the appropriate speciality. The CITY
Engineer shall determine the level of restoration or repair required under this Agreement.
NOR shall not be required to pay for any damage or repair unrelated to their activities.
NOR shall indemnify and defend the CITY against all suits brought by third parties as a
result of NOR's excavation activities as set forth in the indemnity provisions of this
Agreement.
3. SYSTEMS STAND ALONE. CITY and NOR will provide sewerage service
by maintaining completely separate systems. If CITY serves a local area, the sewerage
shall be delivered to CITY for treatment. The same will apply to NOR.
4. LEVEL OF SERVICE. NOR agrees all sewer systems installed for CITY
residents will meet or exceed CITY specifications. NOR agrees the level of service given
to CITY residents will meet or exceed commonlyacceptedengineering standards. Where
it is probable that areas will annex into the CITY, NOR agrees all sewers shall be installed
to CITY specifications at a minimum, provided NOR has the jurisdiction to do so.
5. FAILURE OF SEWER. Should an NOR installed sewer linefail within the
corporate boundaries of the CITY of Bakersfield for reasons related to or growing out of
the installation or operation of said sewer line by NOR or its employees, agents, or
independent contractors, NOR shall take immediate steps to repair and/or replace the
same at the sole cost and expense of NOR. All roads and road surfaces, rights-of-way and
CITY property damage shall be repaired by NOR to the satisfaction of the City Engineer,
orshallbe repaired by CITY and charged to NOR. CITY and NOR shall coordinate repair
operations. ShouldCITY or its employees, agents, or independent contractors, damage
NOR's sewer lines, facilities or property, CITY shall immediately repair, and/or replace
same to the satisfaction of NOR at the sole cost and expense of CITY, and if not repaired
by CITY, then repaired by NOR and billed to CITY.
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Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
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6. ACCEPTANCE OF WORK OR SERVICES. The acceptance of work or
services, or payment for work or services, by CITY shall not constitute a waiver of any
provisions of this Agreement.
7. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be
assigned or transferred by any party without the priorwritten consent of all the parties. Any
such assignment will be subject to such terms and conditions as CITY may choose to
impose. CITY shall not unreasonably withhold its consent.
8. BINDING EFFECT. The rights and obligations of this Agreement shall inure
to the benefit of, and be binding upon, the parties to the Agreement and their heirs,
administrators, executors, personal representatives, successors and assigns.
9. CITY INSURANCE. CITY represents it is self-insured and will, throughout
the term of the this Agreement, maintain its insurance program. CITY warrants that, at all
times dudng the term of this Agreement, it shall have and maintain workers' com~)ensation
insurance in compliance with the Labor Code of the State of California..e~--'~
10. COMPLIANCE WITH ALL LAWS. NOR and CITY shall, at their respective
sole costs, comply with all ofthe requirements of Municipal, State, and Federal authorities
now in force, or which may hereafter be in force, pertaining to this Agreement, and shall
faithfully observe in all activities relating to or growing out of this Agreement all Municipal
ordinances and State and Federal statutes, rules or regulations, and permitting
requirements now in force or which may hereafter be in force.
11. AUTHORITY. Each individual signing this Agreement on behalf of entities
represent and warrant that they are, respectively, duly authorized to sign on behalf of the
entities and to bind the entities fully to each andall of the obligations set forth in this
Agreement.
12. EXECUTION. This Agreement is effective upon execution. It is the product
of negotiation and all parties are equallyresponsible for authorship of this Agreement.
Section 1654 of the California Civil Code shall not apply to the interpretation of this
Agreement.
13. EXHIBITS. In the event of a conflict between the terms, conditions or
specifications set forth in this Agreement and those in exhibits attached hereto, the terms,
conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which
reference is made in this Agreement are deemed incorporated in this Agreement, whether
or not actually attached.
14.
of, this Agreement shall be instituted in Kern County, California.
FORUM. Any lawsuit pertaining to any matter adsing under, or growing out
Page 3 of 8 Pages --
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December 27, 1999
City of Bakersfield
Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-3
15. FURTHER ASSURANCES. Each party shall execute and deliver such
papers, documents, and instruments, and perform such acts as are necessary or
appropriate, to implement the terms of this Agreement and the intent of the parties to this
Agreement.
16. INSURANCE. In addition to any other insurance or bond required under this
Agreement, NOR shall procure and maintain for the duration of this Agreement the
following types and limits of insurance ("basic insurance requirements" herein):
16.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more
persons, property damage and personal injury, with limits of not less
than One Million Dollars ($1,000,000) per occurrence; and the policy
shall:
16.1.1 Provide coverage for owned, non-owned and hired
autos.
16.1.2 Contain an additionalinsured endorsement in favor of
the CITY, its mayor, council, officers, agents and
employees.
16.2 Broad form commercial general liability insurance, ISO form
CG00 01 11 85 or 88 providing coverage onan occurrence basis for
bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less thanOne Million
Dollars ($1,000,000) per occurrence; and the policy shall:
16.2.1 Provide contractual liability coverage for the terms of
this Agreement.
16.2.2 Contain an additional insured endorsement in favor of
the CITY, its mayor, council, officers, agents,
employees and designated volunteers.
16.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall contain a
waiverof subrogation endorsement in favor of the CITY, its mayor,
council, officers, agents, employees and designated volunteers.
All policies required of NOR shallbe primary insurance as tothe CITY, its mayor, council,
officers, agents, employees, or designated volunteers and any insurance or self-insurance
SewerServiceBoundalTAgree~entBetween
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Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-4
maintained by the CITY, its mayor, council, officers, agents, employees, and designated
volunteers shall be excess of NOR's insurance and shall not contribute with it. Additional
insured endorsement shall use ISO form CG20 10 11 85 (in no event with an edition date
later than 1990).
Insurance is to be placed with insurers with a Bests' rating of no less than A:Vli. Any
deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types
of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII,
must be declared prior to execution ofthis Agreement and approved by the CITY in writing.
All policies shall contain an endorsement providing the CITY with thirty (30) days written
notice of cancellation or material change in policy language or terms. All policies shall
provide that there shall be continuing liability thereon, notwithstanding any recovery on any
policy.
The insurance required hereunder shall be maintained for the duration of this Agreement.
NOR shall furnish the City Risk Manager with a certificate of insurance and required
endorsements evidencing the insurance required. The CITY may withdraw its offer of
contract or cancel this contract if certificates of insurance and endorsements required have
not been providedprior to the execution of this Agreement.
Full compensation for all premiums which NOR is required to pay on all the insurance
described herein shall be considered as included in the prices paid for thevarious items
of work to be performed under the Agreement, and no additional allowance will be made
therefor or for additional premiums which may be required by extensions of the policies of
insurance.
it is further understood and agreed by NOR that its liability to the CITY shall not in any way
be limited to or affected by the amount of insurance obtained and carried by NOR in
connection with this Agreement.
Unless otherwise approved by the CITY, if any part of the workunder this Agreement is
subcontracted, the "basic insurance requirements" set forth above shall be provided by,
or on behalf of, all subcontractors even if the CITY has approved lesser insurance
requirements for NOR.
17. JOINT LIMITATION ON LIABILITIES AND INDEMNIFICATION.
17.1 Neither party shall be liable to the other party for any loss, damage,
liability, claim or cause of action for damage to or destruction of
property or for injury to or death of persons arising solely from any act
or omission of the other party's officers, agents or employees.
City&NORSanita~,DistrictNo.1
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Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-5
17.2 CITY and NOR agree to indemnify and hold each other harmless from
any and all claims, demands, liabilities, losses or causes of action
whicharise by virtue of its own acts or omissions (either directly or
through or by its agents, officers, or employees) to such extent and in
such part as the respectiveparties are found by reason of law to have
proximately caused the injury or damage.
17.3 The party against whom any claim arising from any subject matter of
this Agreement is filed shall give prompt notice of the filing of the
claim to the other party.
18. MERGER AND MODIFICATION. All prior agreements between the parties
are incorporated in this Agreement which constitutes the entire agreement. Its terms are
intended by the parties as a final expression of their agreement with respect to such terms
as are included herein and may not be contradicted by evidence of any prior agreement
orcontemporaneous oral agreement. The parties further intend this Agreement constitutes
the complete and exclusive statement of its terms and no extrinsic evidence whatsoever
may be introduced in any judicial or arbitration proceeding involving this Agreement. This
Agreement may be modified only in a writing approved by the CITY Council and NORand
signedby all the parties.
19. NEGATION OF PARTNERSHIP. CITY andNOR shall not become or be
deemed partners or joint venturers with one another or associate in any such relationship
with one another by reason of the provisions of this Agreement. NOR shall not for any
purpose be considered an agent, officer or employee of CITY, and CITY shall not for any
purpose be considered an agent, officer or employee of NOR.
20. NO WAIVER OF DEFAULT, Thefailure of any party to enforce against
another a provision of this Agreement shall not constitute a waiver of that party's right to
enforce such a provision at a later time, and shall not serve to vary the terms of this
Agreement.
21. NON-INTEREST. No officeror employee ofthe CITY shall hold any interest
in this Agreement (California Government Codesection 1090).
22. NOTICES. All notices relative to this Agreement shall be given in writing and
shall be personally served or sent by certified or registered mail and be effective upon
actual personal service or depositing in the United States mail. The parties shall be
addressed as follows, or at any other address designated by notice:
CITY Of BAKERSFIELD
City Hall
1501 Truxtun Avenue
Bakersfield, California, 93301
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City of Bakersfield
Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-6
NOR:NORTH OF THE RIVER
SANITARY DISTRICT NO. 1
001 Olive Ddve
Bakersfield, California 93308
23. TIME OF EFFECTIVENESS. Unless otherwise provided, this Agreement
shall take effect when all of the following events have occurred:
23.1 This Agreement has been signed on behalf of NOR by the person(s)
authorized to bind NOR hereto;
23.2 This Agreement has been approved by the CITY's Council;
23.3 This Agreement has been signed by the appropriate CITY
Department;
23.4 The Office of the CITY Attorney has signed;
23.5 The Office of the City Finance Director has signed; and
23.6 This Agreement has been signed on behalf of the CITY by the Mayor
or Vice-Mayor.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first-above written.
CITY"
CITY OF BAKERSFIELD
ii'OB PRICE, Mayor
NOR"
NORTH OF THE RIVER
SANITARY DISTRICT NO. 1
By:
President of the Board
APPROVED AS TO CONTENT:
PUBLIC WORKS DEPARTMENT
By: - ~PAd, ROJX --
Public WorksDirector
SewerServiceBoundaryAgreementBelween
City&NORSanita~DistrictNo. 1
ecember27, 1999
Manager
More Signatures on Following Page
Page 7 of 8 Pages --OR jk'lAL
City of Bakersfield
Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-7
APPROVED AS TO FORM:
BART J. THILTGEN
City Attorney
By:
ALAN D.'/I:JAi~iI'L~
Deputy City Attorney
By:
Attorney for North of the River
Sanitary District No. 1
COUNTERSIGNED:
SewerServiceBoundaryAgreementBetween
City&NORSanitat~DistdctNo. 1
December 27, t999 Page 8 of 8 Pages --
City of Bakersfield
Department of Public Works WWTP#3 Trunk Sewer Capacity Copy of Agreement No. 00-11
Meyer Civil Engineering Inc.F-8
C$A-71 BOUNDARY L EXHIBIT "A"
PROPOSEO NOR SERVICE AREA SOUNDAeY / NOR/CITY SERVICE AREA
PROPOSED CITY SERVICE AREA BOUNDARY BOUNDARY
EXISTING NOR SERVICE AREA BOUNDARY
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