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HomeMy WebLinkAbout06/20/90 COMMUNI~ SERVICES DEPA~ENT -:-. , .... ~" ~ ~ GENE BOGART. Dir~tor of Water Resources FLORN CORE, Assistant Dir~,or of Water Resources :~'~ ' ~~~ ,;~' ~.. FRANK FABBRI. Parks Superintendent, 32~3117 JIM L~DOUX. R~reaDon Super, ntenoenL 32~3701 .~¢~~~ ~ ~'. .... ~': '~~ ~ ,~' _ AGENDA WATER BOARD - CITY OF BAKERSFIELD Wednesday, June 20, 1990 5:15 PM Water Resources Conference Room 4101Truxtun Avenue Call meeting to order. Roll Call - Board Members: Salvaggio, Chairman, Peterson, Brunni 1) Approve minutes of special meeting held April 2, 1990. 2) Request from Loren Hodge of the Water Association of Kern County for funding of the 1990 Water Awareness Campaign. FOR BOARD DISCUSSION AND ACTION. 3) Water Operations Center Building .-rejection of bids. FOR BOARD DISCUSSION. 4) Proposed "Street and Utilities Improvement Agreement with Oceanic Communities, Inc." to complete improvements on Buena Vista Road adjacent to new Water Operations Center. FOR BOARD ACTION and RECOMMENDATION TO CITY COUNCIL. 5) Adjournment. 4'~01 TRUXTUN AVENUE - BAKERSFIELD, CALIFORNIA 93309 · ($05) 326;3715 SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD MONDAY, APRIL 2, 1990 5:00 P.M. WATER RESOURCES CONFERENCE ROOM 4101 TRUXTUN AVENUE The meeting was called to order at 5:20pm by Councilmember Salvaggio in the Water Resources Conference Room. The roll was called as follows: Present: Salvaggio (Chairman); Peterson, Brunni A motion was made by Councilmember Peterson to approve the minutes of the Special Meeting held November 14, 1989. Motion passed. The subject of setting a day and time for future Water Board meetings was brought before the Board. It was decided that all future regular Water Board meetings would be held on Wednesday at 5:15pm. A motion for approval was made by Councilmember Brunni. Motion passed. The Domestic Water Main Extension Agreement with the Panama-Buena Vista Union School District was brought before the Board by Mr. Core. Due to problems the School District is having with their own water system they have opted to have this Agreement with the City. At District's expense, this Agreement would provide both domestic and fire protection service to the School District's property for present and future use. After some discussion, Councilmember Brunni made a motion to recommend approval by City Council. Motion passed. Mr. Core presented before the Board the Service Agreement between North Kern Water Storage, City and Atlantic Richfield Company, which is an amendment to an existing agreement. The main reason for this amendment is due to a change in ownership; also, several other changes were made to bring the Agreement more in-line with the State's discharge permit require- ments by the oil company. Councilmember Peterson made a motion to recommend approval by City Council. Motion passed. The Agreement for sale of non-Kern River Water to Cawelo Water District was presented before the Board by Mr. Core. This Agreement is a renewal with some changes. After a brief discussion, a motion was made for approval by Councilmember Brunni. Motion passed. The Ditch Eradication and Pipeline Easement Agreement with ARB, Inc. was brought before the Board by Mr. Core. This Agreement allows ARB, Inc. to cover a portion of open ditch and replace it with a 54" reinforced concrete pipeline. This is at no cost to the City, in fact, there would be a savings involved because of reduced maintenance involved on the pipeline and would eliminate the hazard of an open ditch. A motion was made by Councilmember Peterson to recommend approval by City Council. Motion passed. Mr. Bogart presented before the Board the proposed amendment to Agreement No. 78-12 W.B. with Olcese Water District. Upon a formal contract commitment from Nickel Enterprises, this Agreement would allow Olcese Water District to use the Carmel Water rights, two water wells and the minimum average yield of riparian water rights available to Olcese lands as alternate water supplies to the Olcese area. This would firm-up the 13-year water supply requirement of Olcese W.D. by committing these additional water sources to serve the Olcese area. After lengthy discussion, a motion was made by Councilmember Peterson to recommend approval by City Council. Motion passed. Mr. Bogart presented to the Board an update on the draft agreement with the State Department of Water Resources and the Kern County Water Agency. This item was discussed at length and will be brought back before the Board in the future after the State completes its Environmental Impact Report on the project. The City's response to draft "Urban Bakersfield Water Supply Plan for Improvement District No. 4" was presented before the Board by Mr. Bogart, as stated in the letter by the City's Consulting Engineer, Mr. Thomas Stetson. After discussion, the Board concurred with Mr. Stetson's conclusions and recommendations and a motion was made by Councilmember Brunni to authorize sending Mr. Stetson's letter to the Kern County Water Agency. Motion passed. For Board information Mr. Core presented one Mainline Extension Agreement with DeWalt-Porter Civil Engineering. Also, for Board information Mr. Core presented one Mainline Extension Agreement Assignment which added Cole Lester, Trustee, to the agreement with PROFSERV PENSION PLAN. The meeting adjourned at 6:32pm. M~l~an~/~c~ -~~ City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board ATER ASSOCIATION of Kern County L~~U ~; L!-.=,I 2724 "L" Street, Bakersfield, California 93301 t, r~ i-~ : ~ Telephone (8OB) 324-8440 March 30, 1990 CI~OF BAKERSFIEL[ Mt'. Gene Bogart Director of Wat;er Resources City of Bakersfield 41.01 Tr'uxtun Avenue Bakersfield, Ca. 93309 Dear Hr. Bogart'. As you know, the Water Assoc:iati. on of Kern County is an organization devoted Lo providing public informaL ion to the citizens of Kern county regarding t:he development, wise use and conservation of our water supply. For the past three years, the Association has developed and ran a Water' Awareness Campaign ~o inform the public through a well designed series of television ads, of the need t;o conserve our precious water supply. Judging hy the number of calls we have received, the message that ali of us mus't learn ~o Use Water Wisely is gek~ing through. In fact, the campaign has been recognized as the best Public Service Campaign for 1987 and 1989 by the Bakersfield Advertising Club. We wish to continue this effort in 1990. Because of the continuing drought, the cut: back on the available water supply to much of our agricultural land, and the misconceived impression from visitors from other areas in the state Lhat we are water wasters, we need to express the message with greater emphasis and more often then ever before. Therefore we are requesting a maximum contribution of $5,000 from the City of Bakersfield this year. We have also requested a like amount from the Kern County Water Agency and the Kern County Board of Supervisors. With additional financial support from the various wa~er districts, we expect to raise a total of $20,000 for the campaign. This will ali. ow us ko buy khe necessary schedule of announcements that will provide for maximum saturation. We appreciate your participation in the past, and hope you will see the benefits in helping promote the wise use of water throughout ~he urban area. Otherwise, if the drought cont:inues into a fifth year, we may be forced to implement mandatory water' rationing programs as others have done. Thank you for your consideration. AGREEM]KNT NO. STREET AND UTILITIES IMPROVEMENT AGREEMENT WITH OCEANIC COMMUN~, INC THIS AG~W~, is made and entered into on .. , by and between the CITY OF BAK~ELD, a municipal corporation, referred to herein as "CITY" and OCEANIC C~, INC.., referred to herein as "OCEANIC". RECITALS W~, OCEANIC entered into Improvement' Agreement No. 88- 280 on November 30, 1988, in which it agreed to' construct the facilities and improvements for the realignment and improvement of Buena Vista Road, and to pay CITY for one-half of the costs for the Stockdale Highway realignment and improvements; and, WHEREAS, CITY intends to build its Water Resources Building on Buena Vista Road adjacent to the Kern River Canal; and, ~~, CITY desires to contract with OCEANIC to extend certain quantities of curb and gutter and paving along the frontage of the new Water Resources Building site at Buena Vista Road as shown on attached d~awing, Exhibit "A", (hereinafter, "BUILDING SITE") as set forth herein; WHER~J~, OCEANIC will acco~rm,odate CITY by extending Pacific Bell telephone line from Ming Avenue along Buena Vista Road; and, WHEttEAS, CITY will reimburse OCEANIC one half the cost (not to exceed $27,000) to extend the eastern side of the Kern River Canal Culvert; and, WHEEEAS, OCEANIC shall'be eligible upon proper application for the CITY'S refund provisions under CITY's mainline extension program. NOW, TF~REFOEE, CITY and OCEANIC mutually agree as follows: 1. ENGINR. RRING. OCEANIC shall provide and CITY shall reimburse OCEANIC for the engineering services of Martin-Mclntosh Engineering to establish curb and gutter flow line data at the BUILDING SITE frontage, and to modify the plans and specifications submitted to CITY's Public Works Department pursuant to Improvement Agreement No. 88-280 to extend the curb and gutter and paving along the frontage of the BUILDING SITE. 2. EXTENDED QUANTITIEE. OCEANIC shall cause its contractor to extend curb and gutter and street paving along the frontage of the BUILDING SITE. CITY shall reimburse actual costs to extend said curb, gutter and paving. The curb and gutter work shall be' completed prior to August 1, 1990, and the paving work shall be completed prior to November 1, 1990. 3. PHONE LINE. 'OCEANIC shall cause Pacific Bell to extend, prior to November 1, 1990, the Pacific Bell phone line from Ming Avenue along the Buena Vista Road right of way to a point in close proximity to CITY's BUILDING SITE. OCEANIC shall confer with CITY staff concerning the final location of said line in relation to the BUILDING SITE. Under agreement number 88-280 OCEANIC would eventually extend said line to serve its future tracts to the south right of way line of the Kern River Canal; however, this agreement requires said extension of the phone line to occur sooner than called for in Agreement 88-28.0. 4. WATER LINE EXTENSION. OCEANIC shall prepare plans and specifications, and provide construction support and contract administration, for extension of the sixteen inch (16") water mainline along Buena Vista Road to the south right of way line of the Kern River Canal prior to August 1, 1990. OCEANIC will be eligible for the normal CITY m~nline extension refunds upon compliance with CITY requirements. CITY shall, at its own expense, extend said line form the Kern River Canal's south right of way line to the north property line of the CITY's parcel. 5. KERN RIVER CANAL CULVERT. CITY shall reimburse OCEANIC one half (1/2) the actual cost to extend the eastern side of the Kern River Canal Culvert; however, said reimbursement shall not exceed twenty-seven thousand dollars ($27,000). Under this agreement, OCEANIC is not required to complete the Culvert extension at any particular time; however, this a~reement does not modify other agreements or requirements of governmental bodies concerning said Culvert extension. Oceanic sha!lprovide a minimum of one (1) year notice~o· City prior to actual construction of the culvert extension. 6. REIMBURSEMENT P~$. Ail reimbursement payments due under this agreement, with the exception of Mainline Extension refunds or other refunds controlled by CITY regulations, shall be made after satisfactory completion and approval of the work by the City Engineer (or designee)and submission of an itemized invoice of work done and the amount to be paid. OCEANIC shall guarantee all improvements reimbursed by CITY for a period of one year from the date of completion (The date of completion shall be the date of acceptance by the City Engineer). 2 7. DELAY. Failure to complete in a timely manner, as set forth in the Contract, shall entitle the CITY to cost offsets depending on what additional costs have been incurred by the CITY (if any) because of the delays. CITY and OCEANIC shall meet, at CITY's request, to negotiate the amount of any offset claimed due to construction delays. 8. .wAIVER OF DEFAULT. The failure of any party to enf'orce 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. 9. FORUM. Any lawsuit pertaining to any matter arising under, or growing out of, this contract shall be instituted in Kern County, California. 10. TIME. Time is of the essence in this Agreement. 11. NOTICES. All notices relative to this Agreement shall be given in writing and shall be sent by certified or registered. mail and be effective upon depositing in the United Statas mail. The parties' shall be addressed, as iollows, or at any other add~ess designated b~ notice: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California 93301 OCEANIC COMNUNITIES, INC. P.O. BOX 11165 Bakersfield, California 93311 12. ASSIGNMENT. This contract shall not be assigned by any party, or any par~y substituted, without prior written consent of all the parties. ~3. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns. 14. MERGER -AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 15. CORPORATE AUTHORITY. Each individual executing this Agreement represents and warrants that they are duly authorized to execute and deliver this Agreement on behalf of the corporation or organization named herein and that this Agreement is binding upon said corporation or organization in accordance with its terms. 16. TMKRMINATION. This Agreement shall terminate ten (10) years following date of execution by parties, or upon completion of improvements outlined in this Agreement, whichever occurs first. 17. COMPLIANCE WITH ~T~. LAWS. OCEANIC shall, at OCEANIC's sole-cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithlully observe in all activities relating to or growing out of this Agreement all MuD_tcipal ordinances and State and Federal statutes, rules or regulations now in force or which may herealter be in force. 18. INDEPENDENT COSVIS{ACTOR. This Agreement calls for the performance of the services of OCEANIC ~ as an independent contractor, and OCEANIC will not be considered an employee of the City for any purpose and is not entitled to any of the benefits provided by City to its employees. This Agreement shall not be construed as forming a partnership or any other association with OCEANIC other than that of an independent contractor. 19. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and therefore shall not be construed against any party. 20. INSURANCE. During the term of this Agreement, OCEANIC shall maintain a single limit broad form commercial general liability insurance policy in an amount of not less than $1,000,000 per occurrence with combined liability for personal injury, property damage and automobile liability with a reliable insurance carrier authorized to do business in the State of California and statutory workmen's compensation coverage. Said policy or policies of insurance shall expressly name the City and its agents, officers, and employees as additional insureds. Said insurance 4 shall not be subject to cancellation, non-renewal, or coverage reduction without thirty (30) days written notice to City. OCEANIC shall provide to the City proof of insurance endorsements and certificates of insurance prior to execution of this Agreement. Said proof of endorsements and certificates of insurance shall be attached to this Agreement as Exhibit "B". 21. INDEMNITY. OCEANIC shall indemnify, defend, and hold harmless City, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, for injury to or death of persons or damage to property arising out of, connected with, or caused by OCEANIC, OCEANIC's employees, agents or independent contractors or companies in the performance of (or in any way arising from) the terms and provisions of this Agreement. 22. ACCOUNTING RECORDS. OCEANIC shall maintain accurate accounting records and other written documentation pertaining to the costs incurred in performance of this Agreement. Such records and documentation shall be kept at OCEANIC's office during the period of this Agreement, and after the term of this Agreement for a period of three years from the date of the final payment under thisAgreement, and shall be made available to City representatives upon request at any time during regular business hours. .. . 23.. EX~tIBITS. In. the event of a conflict between the terms, conditions or operations set forth herein and those in exhibits attached hereto, the terms', conditions, or specifications set forth herein shall prevail. 24. TAX NUMBERS. OCEANIC's Federal Tax ID Number OCEANIC is a corporation? Yes No . (Please check one.) o0o IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY" CITY OF BAKERSFI~r~ By CLARENCE E. MEr~DERS Mayor APPROVED AS TO FORM: ARTHUR J. SAALFI~?~ City Attorney By COUNTERSIGNED: By GREGORY FI.TMKO Finance Director "OCEANI C" By Title LCM/ADD/meg/lg/pm OCEANIC.K 06/07/90 Attachments: Exhibits "A & B"