Loading...
HomeMy WebLinkAbout08/17/93 WATER BOARD -~ Mark Salvaggio, Chair Conni Brunni, Vice-Chair Randy Rowles SPECIAL MEETING TUESDAY, AUGUST 17, 1993 WATER RESOURCES CONFERENCE ROOM 1000 BUENA VISTA ROAD 4:30P.M. Call meeting to order. Roll Call - Board Members. 1). Approve minuteSof Special Water Board meeting held August 3,' 1993. 2). Public statements. 3). Proposed Ordinance relating to the removal of groundwater upon subdivision. FOR BOARD REVIEW and RECOMMENDATION TO CITY COUNCIL. 4). City of Bakersfield "STANDARDS and SPECIFICATIONS for DOMESTIC WATER SYSTEMS."-FOR BOARD APPROVAL. 5). Request by Mr. Gary Grumbles of Coleman Property Management Corp. to grant a 5-year extension to Carrier Canal Agreement No. 88-188. This Agreement would allow a portion of Carrier Canal east of Mohawk Street to be converted to a concrete box culvert. FOR BOARD CONSIDERATION and RECOMMENDATION TO CITY COUNCIL. 6). Water Board meeting times and dates. FOR BOARD DISCUSSION and POSSIBLE ACTION. 7). Board comments. 8). Staff comments. 9). Adjournment. (~1 ,~~, GENE I1(~) G/i,.-~"lt ACTING MANAGER POSTED: August 16, 1993 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ,, (805) 326-3715 SPECIAL MEETING WATER BOARD - CITY OF BAKERSFIELD TUESDAY, AUGUST 3, 1993 4:30P.M. The meeting was called to order by Boardmember Salvaggio at 4:35P.M. in the Water Resources Conference Room. Present: Salvaggio, Chair; Brunni, Vice-Chair Absent: Rowles A motion was made by Boardmember Brunni to approve the minutes of the Special Meeting held April 20, 1993. Mr. Bogart brought before the Board the proposed Ordinance relating to City water service to unincorporated areas. This Ordinance would be consistent with City policy regarding utility service to unincorporated areas. A motion was made by Boardmember Brunni to approve and recommend to City Council. Motion carried. ! '" The proposed Ordinance restricting the pumping and taking of groundwater from developed lands within the City of Bakersfield was presented before the Board by Mr. Core. The Ordinance would restrict the pumping and moving of water except by water purveyors. Aletter received from the Kern County Water Agency had concerns regarding the extraction of banked water. Mr. Dominic Colletta, attorney for Castle & Cooke, Inc., suggested that this matter be given further study and the language of the Ordinance be refined in order to assure that concerns regarding the availability of water in the affected areas are addressed. After much discussion, a motion was made by Boardmember Brunni to delay this item until the next Water Board meeting. Motion carried. Mr. Core presented an agreement with 'North Kern W.S.D. and Chevron U.'S.A. This agreement would allow Chevron U.S.A. to resume discharge treated oilfield effluent water into the Beardsley Canal. The major points of this agreement are that Chevron is responsible for all construction, monitoring and regulatory costs and the effluent into the Beardsley Canal is not allowed to be split to other canals. A motion was made by Boardmember Brunni to approve and recommend to City Council. Motion carried. Mr. BOgart brought before the Board the non-exclusive water line and canal easement agreement with Kern County Water Agency to divert spreading water onto Berrenda Mesa property located west of Stockdale Highway Bridge. This agreement was brought before the Water Board at the February 10, 1993 meeting, at that time, Mr. Tom Clark of the Kern County Water Agency asked for a little more time to review the agreement; after reviewing, the Kern County Water Agency staff is now recommending that it be brought back before the Board for action. A motion' was made by Boardmember Brunni to approve and recommend to City Council. Motion carried. Mr. Core presented for Board information and approval the updated City of Bakersfield "STANDARDS and SPECIFICATIONS for DOMESTIC WATER SYSTEMS". This is an updated compilater of City standards into.one package. Boardmember Brunni asked that this be circulated to interested groups and then brought back before the Water Board at its. next meeting. A motion to this effect was made by Boardmember Brunni. Motion carried. For Board information, there were various Mainline Extension Contracts which were reassigned to trust accounts. This will not change the City's financial obligation for the payout of these contracts. With the absence of Boardmember Rowles, the discussion of permanent meeting times and dates was postponed until the next Water Board meeting. The date and time of the next Water Board meeting was set for Tuesday, August 17, 1993. A motion for adjournment was made by Boardmember Salvaggio at 5:20P.M. Mark Salvaggio, Chair City of Bakersfield Water Board Sharon Robison, Secretary City of Bakersfield Water Board 2 ORDINANCE NO. AN ORDINANCE ~AMENDING SECTION 16 . 40 . 010 OF THE BAKERSFIELD MUNICIPAL CODE RELATING TO REMOVAL OF GROUNDWATER UPON SUBDIVISION. -WHEREAS, the groundwater supply underlying the City of Bakersfield is essential for the well-being of the existing and future residents of these subdivisions; and wHEREAs, groundwater is and will continue to be the major source of water to supply the overlying lands and City residents; and WHEREAS, future growth and development in the City will be dependent upon the preservation and protection of this ground- water resource; and WHEREAS, the City needs the water underlying these subdivisions to serve the needs'of the property owners within the subdivisions; and WHEREAS, the City supports groundwater management including conjunctive use of surface water and groundwater under local programs that enhance and benefit the Kern County portion of the San Joaquin Valley Groundwater Basin; and WHEREAS, this Ordinance is designed to prevent groundwater from leaving the Kern County portion of the San Joaquin Valley groundwater.basin for sale, exchange or other purposes to outside areas thereby increasing and preserving said basin's water supply for the benefit of the residents of the City and the surrounding community overlying said basin; NOW, T~R. REFORE, BE IT ORDAINED.by the'Council of the City of Bakersfield as follows: SECTION 1. Section 16.40.010 of the Bakersfield Municipal Code is hereby amended to read as follows: 16.40.010 Requirements. As a condition, of approval of a tentative map, the subdivider shall do the following: A. Dedicate or make an irrevocable offer of dedication of all land within the subdivision that is needed for public streets, alleys, including access rights and abutter's rights, drainage, public utility easements and other public easements. 1 B. 'Record a covenant for each lot prohibiting the pumping and taking of groundwater from the property for any use off the property; provided, however, such pumping and taking may be carried out by the authorized urban water'purveyor which provides water service to the subdivided land, or by a County-wide governmental entity with water banking powers, and such pumping is part of an adopted water banking program .that will not have a significant adverse impact on the groundwater levels or diminish the quality of water underlying the subdivision. SECTION 2. This Ordinance shall be posted in accordance with provisions of the Bakersfield Municipal Code and shall become effective thirty (30) days from and after the date of its passage. o0o .......... I HEREBY CERTIFY that the foregoing Ordinance,was passed and adopted'by the Council of the City of Bakersfield at a regular meeting thereof held on , by the following vote: CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield APPROVED BOB PRICE MAYOR of the City of Bakersfield APPROVED as to form: LAWRENCE M. LUNARDINI City Attorney JUDY K. SKOUSEN Chief Assistant City Attorney LCM/JKS/meg WATER\ GRDWATER. O- 5 7/23/93 ADD:rb:gp water\ordinance\grdwater. 893 8/12/93 3 Recording requested by and for the benefit of the CITY OF BAKERSFIELD. When recorded return to: CITY OF BAKERSFIELD Department of Public Works 1501 Truxtun Ave. Bakersfield, CA 93301 Spa~ ~o~ Reeorder'~ U~e Only CITY OF BAKERSFIELD · . Bakersfield, California COVENANT RELATING TO REMOVAL OF GROUNDWATER UPON SUBDIVISION THIS COVENANT is executed on this __ day of ,199.._., by (hereinafter, "Owner/s") in connection with thc removal of groundwater from the here-in described property, located in the County of Kern. The owner/s of the real property herein described shall be prohibited from the pumping and taking of · groundwater from the property for any use off the property; provided, however, such pumping and taking. may be carried out by the authorized urban water purveyor which provides water service to the subdivided land, or by a County-wide governmental entity with water banking powers, and such pumping is part of an adopted water banking program that will not have a significant adverse impact on groundwater levels or diminish the quality of water underlying the sub-division. The property owners hereby waive their right to protest such prohibition. This covenant may not be amended or modified without the prior approval of the City 'of Bakersfield. This covenant shall run with the land. Property description: OWNER(S) ~ CITY OF BAKERSHELD By.'. Gene Bogart, Water Resources DirectOr NOTE: Ali signatures must be notarized. DISTRIBUTION LIST FOR CITY of BAKERSFIELD DOMESTIC WATER STANDARDS Martin - McIntosh ARB Inc. Salomon Construction Engineering 4042 Patton Way 514 Belle Terrace 2001 Whcclan Ct. Bakersfield, CA 93308 Bakersfield, CA 93307 Bakersfield, CA 93309 Brown & Fowler Rivcrlakes Ranch Telstar Engineering Inc. ConStruction 8900 W. Roscdale Hwy. 5000 California Ave, Suite 4211 Atlas Ct. Bakersfield, CA 93312 207 Bakersfield, CA 93308 Bakersfield, CA 93309 ConCastCo Inc. Cornerstone Engineering 9405 Hemingway Place Inc. Bakersfield, CA 93311 2505 "M" Street- Bakersfield, CA 93301 EPCO Inc. 6701 McDivitt Dr, Porter-Robertson Bakersfield, CA 93309 Engineering 1000 - 21st Street Golden Construction & Bakersfield, CA 93301 Excavation P. O. Box 81318 Cuesta Engineering Bakersfield, CA 93308 5055 California Ave. Bakersfield, CA 93309 Hill's PiPeline 3101 Sterling Rd. Dewalt Corporation Bakersfield, CA 93306 2340 Niles Street Bakersfield, CA 93306 . Kern Backhoe Sen, ice Inc. P. O. Box 5337 Simpson Vancuren Bakersfield, CA 93308 2020 "K" Street Bakersfield, CA 93301 W.M. Lyles Co. 7657 Downing Ave. Rickett, Ward, Delmarter Bakersfield, CA 93308 & Diefel · 2901 "H" Street Mayberry's Pipeline Bakersfield, CA 93301 Construction 13031 Thoroughbred St. Sequoia Engineering Bakersfield, CA 93313 1430 Truxtun Ave. Bakersfield, CA 93301 Southwest Contractors 3600 Bowman Ct. Riel Taylor & Assoc. Bakersfield, CA 93308 1326 "H" Street, Suite 27 Bakersfield, CA 93301 West Valley Construction Co., Inc. Building Industry 1214 E. California Ave. Association of Kern Bakersfield, CA 93307 County 5405 Stockdale Highway Turman Construction Bakersfield, CA 93309 3409 Turcon Ave. Bakersfield, CA 93308 STANDARDS AND SPECIFICATIONS FOR DOMESTIC WATER SYSTEMS W.B. 93-06 AUGUST, 1993 CITY OF BAKERSFIELD .DEPARTMENT OF WATER AND SANITATION WATER RESOURCES DIVISION 1000 BUENA VISTA ROAD BAKERSFIELD, CA 93311 (805) 326-3715 FAX (808) 3Z6.3098 Suite5251 200Office Park Drive ~,~ PO. Box 9336 Bakersfield, CA 93389 Coleman (805) 326.1141 FAX (805) 326-1139 August 3, 1993 Mr. Gene Bogart WATER RESOURCES DEPT, 1000 Buena Vista Road Bakersfield, CA 93311 Re: Extension RequeSt Carrier Canal Development Agreement No. 88-188 Dear Mr. Bogart: On August 10, 1988, Coleman'Construction entered into an agreement with the City of Bakersfield to cover the Carrier Canal between Discovery and Office Park Drives. The original term of this agreement was for a five (5) year period, which will mature on August 10th of this year. Due to changes in the financial market, as well' as a restructuring of Occidental Petroleum that took place after the death of Occidental's president, Armand Hammer, we have been unable to reach closure on a development agreement that would enable Coleman to construct the project and cover the Carrier Canal as outlined in this agreement. For the past eighteen (18) months, we have maintained close contact with Occidental, and it now appears that an opportunity may exist, that would enable Coleman to complete this project as originally planned. We are therefore requesting an extension of the Carrier Canal Development Agreement, which will expire this month. We believe that your approval of a five (5)'year extension would enable us to complete our negotiations, as well as obtain all necessary approvals to complete this project. In your review of this request I would be happy to meet with you or your staff to answer any questions you might have. Should you require additional information, please feel free to contact me at 326-1141, or at 5251 Office Park Drive, Suite 200. Thank yo,~r consideration. Coleman Property Management Corp. GG:klI.50* AGREEMENT NO. 88-188 CARRIER CANAL DEVELOPMENT AGREEMENT THIS CARRIER CANAL DEVELOPMENT AGREEMENT, is made and entered into this l_O_~ day of A,~g~ , 1988 by and between the CITY OF BAKERSFIELD, a municip~ ~orporation }CITY), and COLEMAN CONSTRUCTION, INC., a California corporation (DEVELOPER). RECITALS WHEREAS, CITY is the owner in fee and operator of~the Carrier Canal between Discovery and Office Park Drives in the City of Bakersfield, County of Kern, State of California, which owner- ship is-delineated on the map attached to and made a part of this agreement as Exhibit A; and, WHEREAS, COLEMANdesires to construct parking for develop- ments to take place near the Carrier Canal between Discovery and Office Park Drives, and is willing to purchase the fee ownership from 'CITY and return an easement to the CITY for canal purposes for access, maintenance, an~ inspection, which easements are deline- ated on the map attached to and made a part of this agreement as Exhibit "A"; and, WHEREAS, DEVELOPER will build a parking structure which covers the Carrier Canal at locations to be delineated on the map attached to and made a part of this agreement as Exhibit "A"; and, WHEREAS, DEVELOPER will pay fair market value for the Carrier Canal at the improved price (not including surface impro- vements such as asphalt, curbs, gutters, et al. for parking) minus the 'cost of installing the canal structure improvements plus a ten percent (10.%) incentive to be given to the DEVELOPER if said development costs falls-below the appraised fair market value thereby returning funds to City; and, WHEREAS, CITY will agree to the covering of the Carrier Canal as delineated in Exhibit "A", and is willing to sell the fee title to DEVELOPER and take back an easement for access, main- tenance, and inspection and will accept fair market value at the improved price minus the cost of installing said improvements plus a ten percent (10%) incentive to the DEVELOPER as set forth herein; and, --1-- ' W~EREAS, a current appraisal by Bruce Beaudoin is acceptable to CITY and DEVELOPER to set the fair market value for a period of one year from the date set forth in the appraisal; NOW, THEREFORE, in consideration of the mutual covenants set forth herein, the parties agree as follows: AGREEMENT 1. DESCRIPTION OF WORK: DEVELOPER. shall provide all materials and labor for, and shall be responsible for carrying out to completion the following construction project: The covering of certain portions of the carrier canal between Discovery Drive and Office Park Drive for the purposes of constructing canal improvement~ as delineated in Exhibit "A", which is attached to and made a part of this agreement, and according'to plans and specifi- cations approved by the CITY. The work to be done under this agreement is shown on the attached drawings entitled Exhibit "A", and will be further described in plans and specifications which will be prepared for this project and such plans and specifications are incorporated by reference as though fully set.forth herein, and shall be binding on the' parties to this agreement. All work shall be done as set forth in this contract, the attached exhibits, and the plans and specifications. 2. APPROVAL OF PLANS: DEVELOPER shall provide CITY with a complete set, or sets, of construction plans and specifica- tions and a complete set of "as built" plans for the covering of a portion of the Carrier Canal delineated in Exhibit "A." CITY's written approval of all plans and specifications shall be neces- sary prior'to any construction on the Carrier Canal. Ail plans and specifications provided by DEVELOPER for the parking structure shall be at DEVELOPER's sole expense and shall not be included in the cost for the total project. Plans and specifications for the improvements appurtenant to the box culvert shall be included in the total project costs. 3. MATERIALS AND EQUIPMENT: All materials and equip- ment shown or specified on the plans or in the specifications, -2- or required to complete the project, shall be provided and securely installed and placed by DEVELOPER. ProvisiOn and installation of materials and equipment shall include everything required for satisfactory performance, regardless of omission of specific reference on plans or specifications. Standard building practice will be followed to achieve this result. Materials and equipment in the project shall be new. Workmanship shall be first class. 4. WARRANTIES: DEVELOPER guarantees and warrants al1 wor~ performed under this agreement for a period of one (1) year after the completion of the construction and acceptance by the CITY, and shall pay all costs of any and all repairs or maintenance required, and shall pay for any replacement of any parts required to maintain these structures described in the plans and specifications in good operating condition. Acceptance shall be complete upon filing a notice of completion and the expiration of thirty-five (35) days after the recording of such notice. DEVELOPER further guarantees and warrants that any improvements constructed over the portion of the Carrier Canal covered by the project set forth'in this agreement shall in no way endanger or cause actual harm to the integrity of the improvements installed under this agreement. Should the improvements set forth herein be endangered or harmed by future overlying improvements, DEVELOPER shall, at the request of CITY, take steps which ade- quately remedy the condition or conditions which endanger or have caused harm to the improvements.set forth herein. 5. CONSTRUCTION SCHEDULE:' Upon CITY approval of the plans and specifications for the construction of the project described herein, DEVELOPER shall be entitled to commence construction for a sixty (60) day period between October 15, and February 1, ~only. DEVELOPER shall give notice to the CITY sixty (60) days prior to the commencement of construction. prior to start of construction and one week afte~h.em~~.'~60 day period has explre~,..the~CITY shall cease Carrier Canal so that developer may construct nec~ssar¥';bYpass facilities. Such'bypass facilities shall be capable of diverting a minimum flow of 200 CFS around the project site.~ DEVELOPER shall notify CITY prior to starting such work and immediately upon completion of construction as set forth in this agreement. These construction times are set in order to prevent interference with the flow or distribution of water moving down the Carrier Canal. DEVELOPER fully understands that' emergency conditions may require uhe CITY to refuse DEVELOPER's request for construction under this paragraph; however, the DEVELOPER shall be notified immediately upon such emergency arising. -3- 6. LIQUIDATED DAMAGES: IN THE EVENT DEVELOPER DOES NOT COMPLETE THE PROJECT DESCRIBED HEREIN WITHIN THE TIME PERIODS SET FORTH THEREBY CAUSING THE CARRIER CANAL TO BE SHUT-DOWN BEYOND THE SIXTY (60) DAY PERIOD GRANTED FOR CONSTRUCTION, THEN T~E DEVELOPER SHALL BE LIABLE FOR DAMAGES OF $1,000.00 PER DAY FOR EACH DAY THAT CONSTRUCTION CONTINUES PAST THE SIXTY DAY PERIOD. SHOULD DEVELOPER FAIL TO COMPLETE THE PROJECT IN A TIMELY FASHION, THE DAMAGES SUFFERED BY CITY BY REASON THEREOF WOULD BE UNCERTAIN OR VERY DIFFICULT TO ASCERTAIN. DAMAGES WOULD INVOLVE SUCH VARIABLE FACTORS AS THE AMOUNT OF WATER AVAILABLE AND THE PRICE THEREOF, THE CONSIDERATION THAT DOWNSTREAM USERS OF THE CARRIER CANAL WOULD PAY TO TRANSPORT SUCH WATER, THE PRICE OF OBTAINING ALTERNATIVE METHODS OF TRANSPORTING SUCH WATER, THE LOSSES OF WATER WHICH WOULD BE SUSTAINED BY USING ALTERNATIVE MEANS OF TRANSPORTING SAID WATER, AND THE DAMAGES THAT MAY BE AWARDED AGAINST THE CITY IN LEGAL ACTIONS WHICH MAY BE FILED BY DOWNSTREAM USERS; ALL OF WHICH WOULD RESULT IN ADDITIONAL AND IMMEASURABLE DAMAGES AND LOSS TO THE CITY AND THE COMMUNITY. IT IS IMPRACTICABLE AND EXTREMELY DIFFICULT TO FIX THE AMOUNT OF SUCH DAMAGES TO THE CITY, BUT THE P~RTIES ARE OF THE OPINION, UPON THE BASIS OF ALL INFORMATION AVAILABLE TO THEM, THAT SUCH DAMAGES WOULD APPROXIMATELY EQUAL $1,000.00 PER DAY. SAID AMOUNT OF $1,000 PER DAY SHALL BE PAID TO THE CITY UPON THE EXTENSION OF CONSTRUCTION PAST THE SIXTY DAY SHUT-DOWN PERIOD AS THE TOTAL OF ALL LIQUIDATED DAMAGES FOR ANY AND ALL SUCH DEFAULTS AND NOT AS A PENALTY. IN THE EVENT THIS PARAGRAPH SHOULD BE HELD TO BE VOID FOR ANY REASON, THE CITY SHALL BE ENTITLED TO THE FUL~L~EXTENT OF THE DEVELOPER AND THE CITY SPEC,I/FICA~,Y/~CKN~WLEDGE City / 7. RIGHT OF INSPECTION: City shall have the right to enter upon the project site at all reasonable times to inspect the project and DEVELOPER's operations thereon. 8. COMPENSATION AND EXCHANGE OF TITLE: DEVELOPER will pay to CITY the appraised value of the finished land, with improv- ments, of $1,286,000.00 unless said appraisal shall lapse by becoming more than one year old and then. the DEVELOPER shall pay the finished land value as set forth in a new appraisal, said new appraisal t° be paid for by DEVELOPER. The cost of -4- constructing said improvements shall be subtracted from the appraised finished land value. In addition, the DEVELOPER will be allowed to retain ten percent (10%) of the difference between ~he actual construction cost and the appraised finished land value as a reasonable incentive. The remainder of the funds, if any, after subtracting reconstruction cost and incentive (if any) from the finished land value shall be paid over to City. In no event shall the CITY owe DEVELOPER any money because of or in any %~ay related to the construction of the project, set forth in this agreement. By way of example only : if the DEVELOPER constructs the project for $1,086,000.00 then the CITY would be paid $200,000.00 minus $20,000.00 to the DEVELOPER as incentive as shown below: Finished land value: $1,286,000.00 Construction costs: ..1,.986~000.00 To CITY (subtotal) $ 200,000.00 10% to DEVELOPER 20r000.00 Final to CITY $ 180,000.00 9. PERFORMANCE BOND: a) Contractor shall furnish within 30 days prior to the start of construction a surety bond conditioned upon the full and faithful performance of all obliga- tions required to be performed under or arising from this agree- ment'and full performance and verity of all warranties and guarantees contained herein. Said bond shall be in the amount of not less than $1,286,000.00 dollars. b) Said bonds shall be of a form satisfactory to the CITY and shall be obtained from a responsible corporate surety (or sureties), acceptable to the cITy, licensed by the State of California to act as surety upon bonds and undertakings and which maintains in said State at least one office for the conduct of its business. Said surety (or sureties) shall furnish reports as to its financial condition from time to time as requested by the CITY. The premiums for. said bonds shall be paid by the Contractor. c) If any surety becomes unacceptable to the CITY or fails to furnish reports as to is .financial condition as requested by the CITY, the Contractor shall promptly furnish such additional security as may be required from time to time to protect the interests of the. CITY and of persons supplying labor or materials in the prosecution of the work contemplated by this agreement. --5-- d) In the event of any conflict between the terms of this. agreement and the te~ms of said bonds, the terms of this agreement shall control and said bonds shall be deemed to be amended thereby. Without limiting the foregoing, the CITY shall be entitled to exercise all rights granted to it by this Agreement in the event of default, without control thereof by the surety, provided that the CITY gives the surety notice of such default at the time or before the exercise of any such right by the CITY, and regardless of the terms of said bonds, the exercise of any such right by the CITY shall in no manner affect the liability of .the surety under said bonds. 10. QUIT CLAIM DEEDS: Upon completion and acceptance by the City of all work performed by DEVELOPER under this agreement, the CITY shall grant to DEVELOPER by quit claim deed all right and title to the portion of the Carrier Canal covered by this pro- ject (as shown in Exhibit A), and DEVELOPER shall grant back to CITY an easement for canal purposes, access, maintenance, and inspection; said easements are ~et forth on maps attached to and made a part of this agreement as Exhibit "A". Said easements and quit claims shall be recorded. i1. TIME OF PAYMENT: DEVELOPER shall reimburse CITY the difference between the appraised value of the finished- land minus the cost of constructing the improvements, and minus ten percent (10%) of the difference between the appraised value and the actual cost of improvements, within ninety (90) days from the completion and acceptance of the project by the City. 12. REZONING AND ENVIRONMENTAL: D~gELOPER shall be solely responsible for obtaining any rezoning necessary to go forward with the project, and DEVELOPER shall be Solely responsi- ble for any and all reports, mitigation measures, or other governmental requirements concerning the California Environmental Quality Act or other environmental concerns; and DEVELOPER shall apply for and obtain all necessary permits and approvals required by CITY, STATE, or FEDERAL authorities and agencies in order to construct the project and .shall in the actual construction of said project comply with all such governmental requirements per- taining thereto.. 13. WAIVER OF DEFAULT: The failure 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. -6- 14. FORU_____~M: Any lawsuit pertaining to any matter arising under or growing out of this contract shall be instituted in Kern County, California. 15. TIME: Time is of the essence in this Agreement. 16. ~EADINGS: All paragraph or section captions are for reference only, and shall not be considered in construing this Agreement. 17. NOTICES: All notices relative to this Agreement shall be given in writing and shall be sent by certified or regis- tered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY OF BAKERSFIELD Water Resources Division 4101 Truxtun'Avenue Bakersfield, California 93309 COLEMAN CONSTRUCTION, INC. P.O. Box 9336 Bakersfield, CA 93389 18. ASSIGNMENT: This contract shall not be assigned by any party, or any party substituted, without prior written consent of all the parties. ~ 19. 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. 20. ATTORNEY'S FEES: In any action to enforce the terms of this Agreement, the prevailing party shall be entitled to recover its attorney's fees and court costs and other nonreimbur- sable litigation expenses, such as expert witness fees and investigation expenses. 21. MERGER AND MODIFICATION: This contract sets forth the entire agreement between the parties, and supersedes all other oral or written provisions.. This contract may be modified only in a writing signed by all the parties. -7- 22. 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, if any, named herein and that this Agreement is binding upon said Corporation in accordance with its terms. 23. COMPLIANCE WITH ALL LAWS: DEVELOPER shall, at DEVELOPER'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 faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations now in force or which may hereafter be in force. 24. INDEPENDENT CONTRACTOR: This Agreement calls for the performance of the services of DEVELOPER as an independent contractor, and DEVELOPER will not be considered an employee of the City for any purposes and i~ not entitled to any of the bene- fits provided by City to its employees. This Agreement shall not be construed as forming a partnership or any other association with DEVELOPER other than that of an independent contractor. 25. EQUAL EMPLOYMENT PROVISIONS: During the term of this Agreement, DEVELOPER shall not discriminate against any employee or applicant for employment because of race, creed, color, sex, or national origin. DEVELOPER shall take affirma- tive action to ensure that applicants are employed, and that employees are treated during employment~ without regard to their race, creed, color, sex, or national origin. 26. TERM: This agreement shall terminate five (5) years from the date of execution, unless sooner terminated by the com- pletion of the project as set forth herein, or otherwise terminated by the terms of this agreement. 27. CERTIFICATE OF INSURANCE: The DEVELOPER shall furnish the City Risk Manager with a certificate of insurance evidencing the insurance required under this agreement. The policy shall contain an additional endorsement in favor of.the City, its mayor, council, officers, agents, employees, and volunteers. 28. INSURANCE: The DEVELOPER shall.save, hold harmless and indemnify the City, its officers, agents, employees and volun- teers from all claims, demands, damages, judgments, costs or expenses in law or equity that may at any time arise from or be related tO any work performed by the DEVELOPER, his agents, employees, or subcontractors under the terms of this agreement. -8- In addition, the DEVELOPER shall procure and maintain for the construction and warranty period the following types and limits of insurance: Commercial general liability insurance, including the broad form CGL endorsement, 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 (1,000,000.00) per occurrence. Workers' Compensation with statutory limits and employers liability insurance with limits of not.less than one million ($1,000,000). All policies required of the DEVELOPER shall be primary insurance as respects the City, its mayor, council, officers, agents, employees and volunteers and any insurance or self-insurance . maintained by the City,. its mayor, council, officers, agents, employees and volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. The liability policies shall provide contractual liability coverage for the terms of this agreement. The Workers' Compensation Policy shall contain a waiver of subrogation endorsement in favor of the City, 'its mayor, council, Officers~ agents, employees and volunteers. If any part of this agreement is assigned or subcontracted, similar insurance shall be provided by or on behalf of the subcontractors to cover their operations. -9- IN WITNESS'WHEREOF, ~the parties hereto have caused this Agreement to be executed, the day and year first-above written. CITY OF BAKERSFIELD Mayor- APPROVED AS TO FORM: ARTHUR J. SAALFIELD City Attorney COUNTERSIG : / /~ance. Director L~~~~ ~' C. INC. -reeman WSe Pres~.~3nt F~nance ADD:lg 07/26/88 7 A.CANALi-10 -10-