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Home My WebLink About09/13/96 BAKERSFIELD MEMORANDUM September 13, 1996 TO: HONORABLE MAYOR AND CITY COUNCIL FROM: ALAN TAND AGER SUBJECT: GENERAL INFORMATION 1. We are actively working on the study of the Convention Center expansion. The general reaction we have gotten about it has been very favorable. 2. We are working with the County and Superintendent of Schools on a cable interlink between our buildings for E-Mail, video data, and other technology sharing issues. It will be a positive for all of us "down the road". 3. The first meeting of the City/County Fire Services Ad Hoc Committee will be held next Wednesday at 2:00 pm at the County offices. The siting of fire stations is at the top of the agenda. 4. Enclosed is a copy of a letter from the City Attorney's office to the bonding company regarding the Police Station addition. Staff.will keep you informed of any progress with this matter. 5. The September activity report from the Local Enforcement Agency describing their regulated projects within the City of Bakersfield is enclosed for your information. AT:rs cc: Department Heads Pamela McCarthy, Acting City Clerk Trudy Slater, Administrative Analyst CITY ATFORNEY ~ Judy IC Skousen CHIEF ASSISTANT CITY A'VI'ORNEY Robetl M. Sheffy ASSISTANT CITY AWFORNEYS Alan D. Daniel Laara C. Marino Allen M Shaw Walter H. Po~x, Jr. CITY OF BAKERSFIELD DEPUTY CITY ATTORNEYS Janice Scanlan OFFICE OF THE CITY A'VI'ORNEY Carl Hemandez III 1501 TRUXTUN AVENUE Virginia Gennaro BAKERSFIELD, CA 93301 LAW OFFICE ADMINISTRATOR TELEPHONE: 805-326-3721 Frances E. Thompson FACSIMILE: 805-325-9162 September 11, 1996 Jeffrey Horowitz, Esq. FRONTIER PACIFIC INSURANCE COMPANY 6404 Wilshire Boulevard, Suite 850 Los Angeles, California 90048-5510 RE: Bakersfield Police Station Addition - Amedcan Construction Group, Inc. American Construction Group Contract No. 95-275 Dear Mr. Horowitz: We received Mr. Allard's letter of September 9, 1996 and the City of Bakersfield disagrees with the statements therein. We feel the termination was not only lawful and correct but absolutely necessary to get the project restarted. Certainly, Amedcan Construction Group's failure to supply labor or materials, failure to construct the building, failure to meet construction deadlines and failure to pay contractors all constitutes a major breach of the contract. Furthermore the architect's certificate supports the City's position. The City of Bakersfield, through Mr. Alan Tandy, the City Manager hereby demands Frontier Pacific Insurance Company immediately step in and honor the labor and materials and completion bonds. We hereby demand that you immediately move to recommence and complete the construction of the project. We also demand you pay off all outstanding Stop Notices filed against this project and to pay all liquidated damages which may accrue on this project due to the failure of this project to be completed on schedule. Each day of delay on your part simply increases these damages. Swift action by Frontier Pacific will minimize the liquidated damages. We will be happy to work with you to assist in finding a new contractor and getting this project going again. We believe that Frontier Pacific has more than enough information in its possession to move ahead and cause the project to be completed. Please let me know within five(5) days the position of Frontier Pacific concerning completion of this project. Please call if you have any questions. Very truly yours, ¢ /ALAN Dr-DANI~ -~ - ~ Assistant CityAttomey ADD:dlr . cc: Alan Tandy, City Manager Arnold Ramming, Civil Engineer III Raul Rojas, Public Works Director ~,,zo [ ~ I~ Judy K. Skousen, City Attorney William J. Allard, Esq ...... ..-.:...~G*-R S OFFICE S:~I'I~GESUPPLY~CORR~OND.LT4 PROGRESS OF PROJECTS WITHIN THE CITY OF BAKERSFIELD Rosedale Burn Dump Closure of burn dump for Draft Human Health Risk The HHRA will be Closure postclosure land use as Assessment (HHRA) was submitted to EHS by agricultural, submitted to EHSD July 9/6/96. SWIS ~:* recreation, commercial 16, 1996. Hazardous 15-CR-0026 or industrial. Materials Program staff Waste Management will and Solid Waste Program have a 2nd meeting with LEA WO #:** have reviewed and the Kern High School 216 commented on the draft District 9/5 to further HHRA. Waste Management discuss future land use. has received the final SWAQ and HHRA. SWAQ has Remediation of site is been submitted to RWQCB. dependant upon future land use. Results of HHRA indicate no increased risk of cancer to off site receptors. There is a potential increase of cancer tO construction workers directly exposed to ash. Waste Management has met with Martin/Macintosh, Castle and Cook, and the Kern High School District to discuss post closure land uses. ~2 ..PROJECT.. . . . NAME'. . . . . . PROJECT OBJECTIVE CURRENT, STATUS · 'ii FUTURE' A~T~N~:!;i!iiii!i!!ill Greenfield Burn Investigate the The site is listed as a The LEA will research Dump #2 existence of a burn dump burn dump on the LEA the history of the site at the south east corner inventory of solid waste to determine if SWIS #: of Ash Road and Taft sites, compelling evidence 15-CR-0039 Highway exists to warrant The site is inspected further investigation. LEA WO# quarterly by the LEA. 180 The site is currently irrigated and used for crops. Recent information indicates the site may not have been a burn dump. City of Concurrenc~ and issuance The CIWMB adopted Permit The facility will be Bakersfield of a Standardized Decision No. 96-322 on. inspected every month to Greenwaste Composting Permit. July 30, 1996. The determine compliance Facility Standardized Composting with State Minimum Standardized Permit was issued August Standards, Title 14, Composting Permit 6, 1996. The approved CCR. permit was forwarded to SWIS #: Howard Morris, Solid 15-AA-0311 Waste Superintendent, Public Works Dept. LEA WO #: August 12, 1996. 412 3 Bakersfield Immediate Goal: Remediation of the burn Continue remediation Sanitary Remediation of burn dump is under the under the ERAP of the Landfill/Burn Dump material to oversight of the burn ash. Closure. reduce/eliminate the Department of Toxics, health risks associated ERAP. Kleinfelder is SWIS ~: with burn ash. recommending one gas. 15-AA-0044 On August 12, 1996, the probe at the centerline Reduction of the city submitted "Response of the rear boundary of LEA WO #: landfill/methane gas at to KCEHSD of May 16, each residential lot for 102 and 319 the facility boundary to 1996, Comments on perimeter monitoring, less than 5% of the LEL. Landfill Gas Report, and one probe per 200 April 18, 1996." EHS feet at the condominium Long Term Goal: staff are reviewing this boundaries. These Closure of the sanitary document, locations are consistent landfill and burn dump with a conservative in compliance with Title The August inspection by approach to perimeter 14, CCR. EHSD staff states the gas monitoring. methane gas in excess of 5% of the LEL is still The LEA has informed detected at the facility Kleinfelder that boundary, notification must be submitted to the LEA Responsibility for prior to performing closure of the landfill changes to the gas portion, including CEQA, collection system. has been 'assumed by the City. Closure of the landfill will not proceed until the burn dump issues have been resolved. 4 ' '~f"PROJECT"NAME'! ~" .... "~ pROJECT oBjECTIVE CURRENT STATUS ~ FUTURE ACTIONSi!/~!i~iiiii~ill China Grade Burn Immediate Goal: The site is proposed for The proposed remediation Dump/Landfill Remediation of burn a CIWMB Board Managed alternatives will be Closure material within landfill Clean Up under AB 2136 reviewed by Waste boundaries, to funding. CIWMB staff Management, EHSD and SWIS #: reduce/eliminate the feels this is an CIWMB staff. 15-AA-0048 health risks associated appropriate project; with burn ash. however, the board The proposed remediation LEA WO #: members must approve the will be submitted to 108 Long Term Goal: project before work can CIWMB for approval as a Closure of the sanitary begin, project under AB 2136 landfill and burn dump September 23, 1996. in compli, ance with Title CH2M Hill has drafted 14, CCR. preliminary calculations Tentative remediation for remediation date is December 1996. alternatives of the burn ash. The most viable option for the east slope is to realign the access road (owned by the county) 45 feet east, then regrade the slope. Burn dump areas 1 & 2 will be regraded, the tar stabilized, drainage installed and fencing installed. The estimated cost is $495,000. CIWMB has $415,000 in funds available. September 4, 1996 * SWIS = Solid Waste Information System number issued by the California Integrated Waste Management Board (CIWMB). ** LEA WO# = Local Enforcement Agency Work Order number used by EHSD.