HomeMy WebLinkAbout06/24/81 AGENDA
WATER BOARD - CITY OF BAKERSFIELD
WENDESDA¥, JUNE 24, 1981
4:00 P.M.
Call meeting to order
Roll Call - Board Members: Barton, Chairman, Payne, Ratty, Kelmar, Oberholzer
1. Approve minutes 6f regular meeting of June:t~, 1981.
2. Scheduled Public Statements
3. Correspondence - None
~/4. Adoption of 1981-82 Domestic Water Enterprise Operating and Capital
Outlay Program. - MOTION TO APPROVE BUDGET AND SUBMIT TO COUNCIL.
/5. Agreement of Sale between the City andl. California Water Service
Company for acquistion by the City of the company's water dis-
tribution facilities within the Fairhaven Water System. - MOTION
TO APPROVE AND RECOMMEND TO CITY COUNCIL FOR EXECUTION.
/ 6. Fairhaven Water System Ordinance EstabliShing and Adopting Rules
of Operation. - MOTION TO APPROVE AND RECOMMEND TO CITY COUNCIL
FOR ADOPTING.
f7. A Developer Agreement with Lunn Production Service Company to
provide water to twenty-nine (29) acres located at'-~the'.~southW~'st-:
corner of Burr & Gibson Street from the Fairhaven Water System. -
MOTION TO APPROVE AND RECOMMEND TO CITY COUNCIL FOR EXECUTION.
~ 8. A Developers Agreement with Tenneco Realty Development Corporation
to provide water to Parcel Map 5726 from the Fairhaven Water System.-
MOTION TO APPROVE AND RECOMMEND TO CITY COUNCIL FOR EXECUTION.
9. Staff Comments
lO. Board Comments
11. Adjournment
x/ ~~!-'~~ CITY OF BAKERSFIELD DEPARTMENT OF WATER
,f~__ ' WATERBOARD MEETING
1St 2nd Person/Enti.t.~ and Phone Numbers
~ .#}//~ Chairman James-('Curley) Barton .
/mAC ~//~f ~ Don Ratty
res: 322-5776 bus: 327-2681 or 327-2882
/o/~ ~_~~ Tom Payne
res: 831-2346 bus: 327-5161
talc} ~/~?~ Richard Oberholzer, City Attorney
bus: 326-3721
~/~q ~/~ ~ Phil~ Kelmar,-City Manager
~oZO bus: 326-3751
/~o~ Owen Goodm~n, Olcese W.D.
Attorney
bus: 323-2991
Stu Pyle, Kern County Water Agency
bus: 393-6200
Chuck Williams, North Kern Water Storage District
bus: 325-3116 or"325-5009
Mary Collup, Rosedale-Rio'Bravo Water Storage District
bus: 325-4797
Gail Schont~ler, Bakersfield Californian
bus: 395-7379
Tom Clark, Nickel Enterprises
bus: 366-5581
MINUTES
WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JUNE 17, 1981
4:00 P.M.
The meeting was called to order by Chairman Barton in the Depart-
ment of Water Conference Room at 4:15 P.M.
The secretary called the roll as follows:
Present: Barton, Ratty, Kelmar, Oberholzer
Absent: Payne
Staff Present: Bogart, Chafin, Core, Hostmyer
Others Present: Mary Collup, District Manager, Rosedale-Rio
Bravo Water Storage District
Tom Clark, Nickel Enterprises
Owen Goodman, Attorney, Olcese Water District
Gayle McCafferty, The Bakersfield Californian
George Nickel, Nickel Enterprises
Lloyd Phillips, Assistant Manager, North Kern
Water Storage District
Rebecca Wiseman, Attorney, William Kuhs Office
The minutes from the meeting of June 3, 1981, were approved as
presented.
CORRESPONDENCE
Letters regarding Palm Mutual Water Company: 1) Letter from
La Hacienda, Inc. to Olcese Water District dated June 8, 1981;
2) Letter from Olcese Water District to City Water Board dated
June 9, 1981, and 3) Letter from Anderson & Anton representing
Palm Mutual Water Company dated June 10, 1981, were presented
to the board. After discussion Mr. Oberholzer made a motion
that the letters be received and referred to staff. The motion
was passed.
Letter from Gilbert Castle, Water Association President, dated
June 8, 1981, was presented to the board. Mr. Obherholzer made
a motion that the letter be received and placed on file. The
motion was passed.
Letter from George D. Nokes, California Department of Fish and
Game, dated June 9, 1981, was presented to the board. Mr. Ober-
holzer made a motion that the letter be received and referred to
staff for report and recommendation. The motion was passed.
Olcese Water District presented a letter to the board dated
June 15, 1981, as a general outline plan for improvements to
the 2800 for board information, this time
City's
acres
At
Mr.
Kelmar asked if this was a satisfactory response. Mr. Chafin
stated the staff did not feel this letter was a satisfactory
outline. After discussion .Mr. Oberholzer made a motion that
the letter be referred to staff for recommendation. The motion
was passed.
Final Master Plan Spreading Agreement conceptual outline for
conmaunity participation in City's 2800 acre recharge facility
was presented to the board for action. After discussion Mr.
Kelmar made a motion to approve the form of the, 2800 Acre
Master Plan, Agreement as a conceptual basis for negotiations
with interested entities and for environmental analysis. The~
motion was passed. Mr. Kelmar made a second motion to request
staff and consultants to recommend to Board: a) Appropriate
spreading fee and b) Equitable method of charging for long-
term spreading facilities. The motion was passed.
Hr. B6gart at this time presented to the board two letters that
had been received within the last hour before the board meeting.
One from Cawelo Water District regarding a request to assign part
of their City basic contract water in 1981 to North Kern Water
Storage District. The staff recommended that the board approve
the letter as to concept and ask for a clarification of the
points in this letter. Mr. Oberholzer made a motion that the
concept be approved subject to the final approval of staff
with respect to the details of this exchange. The motion was
passed. The second letter is a request from Rosedale Ranch
Improvement District of the North Kern Water Storage District
that they would like to make the most efficient use of their
Kern-Tulare contract water supply this year by assigning a
portion of their basic contract water to the main body of
the North Kern Water Storage District. Mr. Obherholzer made
a motion t~at the board approve this letter in concept and
authorize the staff to execute the agreements when staff is
convinced the letters meet the language and pricing require-
ments that are necessary. The motion was passed.
BOARD COMMENTS
Mr. Oberholzer commented in regard to the Public Statements.
He stated there is a provision for Scheduled Public Statements
and anyone caring to make a Public Statement should notify the
staff at some reasonable time before the meeting.
There being no further business to come before the board, Chair-
man Barton adjourned the meeting at 5:00 P.M.
C~ites J. ~arton, Chairman
y of Bakersfield Water Board
Lihda Ho s tmye~
City of Bakersfield Water Board
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section New Business
Requesting Department Public Works Department
Date for Water Board Action June 24, 1981
1. Description of Item: Adopt$on of 1981-82 Domestic Water Enterprise
Operating and Capital Outlay Program.
2. Comments:
3. Suggested Action: Motion to approve budget and submit to council.
, 4. Attachments:
jDirector of Public W6rks
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section
Requesting Department Public W0rNs ~epartment
Date for Water Board Action June 24, 1981
1. Description of Item:
Agreement of Sale between the City and California Water Service
Company for acquisition by the City of the company's water dis-
tribution facilities within the Fairhaven Water System.
2. Commen ts:
The City proposes to purchase the company's water distribution
facilities which are located west of highwaX 99 and within the
Fairhaven Water District. The purchase price is $220,000. This
sale fulfills a portion of the City's.agreement with Fairhaven
Mutual and Fairhaven Industrial Fire Protection District.
3. Suggested Action:
Motion to Approve an'd recommend to City Council for execution.
Attachments:
Agreement.
Public tVorks
Approved, City Manager
NOTE: Items for Water 8oard Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section NEW .BUSINESS
Requesting Department PUBLIC WORKS
Date for Water Board Action June 24, 1981
Description of Item:
Fairhaven Water System Ordinance Establishing and Adopting
Rules of Operation.
2. Comments:
The Rules of Operation of the Fairhaven Water System will be
identical to the Ashe Water System, with the exception of
Mainline Extension Refunds. Main lines will be constructed
by developers and donated to the City.
3. Sugges'ted Action:
~otion to approve and recommend to City Council for
adopting. ~
4. Attachments:
Proposed Ordinance.
irector of Public ~/orks
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section New Business ~t__em A)
Requesting Department Public Wor~s Department
Date for Water Board Action June 24, 1981
1. Description of Item:
A Developer Agreement with Lunn Production Service Company to
provide water to twenty-nine (29) acres located at the southwest
corner of Burr & Gibson Street from the Fairhaven Water System.
2. Comments:
The agreement reserves excess well and storage capacity for use
within twenty-nine (29) acres. Water for domestic, industrial, and
fire protection uses would be provided to the developer at a fee of
$1500 per acre. This fee pays for the cost of capital improvements
(wells, storage and booster systems), however the developer will be
r~sponsible for constructing all water mains within the subdivisions.
The fee for this Developer is $43,500.00
3. Suggested Action:
Motion to approve and recommend to City Council for execution.
4. Attachments:
Agreement
. ~i'rector of Public Works
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
WATER BOARD - CITY OF BAKERSFIELD
ITEMS FOR AGENDA
Agenda Section New Business (Item B)
Requesting Department Public Wor~s Department
Date for Water Board Action June 24, 1981
l. Description of Item:
A Developers Agreement with'Tenneco Realty Development Corporation
to provide water to Parcel Map 5726 from the Fairhaven Water System.
2. Comments:
The agreement reserves excess well and storage capacity for use in
Parcel Map 5726. Water for .domestic, industrial, and fire protection
uses would be provided tO the developer at a fee of $1500 per acre.
This fee pays for the cost of capital.improvements (wells, storage &
booster systems), however the developer will be responsible for con-
structing all water mains within the subdivision. The fee for this
Developer is $112,500.
3. Suggested Action:
Motion to approve and recommend to City Council for execution.
4. Attachments:
Agreement.
f Pu[lzc ~'?orks
Approved, City Manager
NOTE: Items for Water Board Agenda are to be submitted prior to 10 a.m. Friday
for the Wednesday meeting of the following week.
CITY OF BAKERSFIELD
DOMESTIC WATER E~ERPRISE
ESTIb~TED REVENUES AND EXPENSES BUDGET
FISCAL YEAR 1981-82
Est. Actual Proposed
FY 1980-81 FY 1981-82
REVENUES:
Domestic Water Sales $1,337,600 $1,538,200
Construction Water Sales 13,800 50,800
Interest Income 95,000 35,300
TOTAL REVENUES $1,446,400 $1,624,300
OPERATING EXPENSES:
Field Expenses:
O & M Charges .from Cai-Water $ 344,300 $ 484,000
Power for P~ping 278,000 431,600
Other Maintenance 40,000 80,000
TOTAL FIELD EXPENSES $ 662,300 $ 995,600
Administrative Expenses:
Salaries and Fringe Benefits $ 58,000 $ 62,200
Charges frem Other City Depts. 10,000 11,500
Management Fee from Cai-Water 30,400 35,800
Consultant Charges (Engineer,
Attorney, etc.) 33,900 37,300
Insurance Expenses 11,700 13,300
Property and Pumping Taxes 149,600 174,000
Misc. General Expenses 25,000 161700
TOTAL ADMINISTraTIVE EXPENSES .$ 318,600 $ 350,800
NET OPE~KTING INCOME
Before Depreciation $ 465,500 $ 277,900
Depreciation (125,000) (167,500)
$ 340,500 $ 110,400
NON-OPERATING EXPENSES:'
Mainline Extension Refunds ($ 33,200) ($ 77,400)
Net Operating Income before
Capital outlay program $ 307,300 $ 33,000
Transfer to Capital Improvement Budget $ 307,300 $ 35,000
NET INCOME (LOSS) $ 0 $ 0
'CITY OF BAKERSFIELD
DOMESTIC WATER ENTERPRISE
PROPOSED CAPITAL OUTLAY PROGRAbl
FISCAL YEARS 1981-82 and 1982-83
(w/o Rate Increase)
Proposed Projected
FY 1981-82 FY 1982-85
Source of Funds
Capital Improvement Reserves $167,500 $200,700
Net Operating Income 33,000 (330,100)
Loan Repayment from Fairhaven Div. -0- 40,000
$200,300 .($ 89,400)
Proposed Application of Funds Additional Water Mains
1. Kern River crossing at
Coffee Bridge Phase I '$ 91,100 -O-
(Phase II Est. cost $110,000)
2. Mohawk St. from Carrier Canal
tO Truxtun Ave. 1st payment 12,000
($48,000 remaining)
3. White Ln. Stine Cknal to
645 feet west of Grissom St. 8,000
Water Meters 75,000
Pumping Station Improvements
1. Building at Station 9 in
Quailwood Park $18,600 held
over in FY 1980-81 Capital
Budget. 29,400
(Est. cost $48,000)
2. Telemetering system at
Station 6 S,O00
$2oo,soo
CITY OF BAKERSFIELD
DOMESTIC W^TER ENTERPRISE
OPERATION SUI~ARY
Estimated ~
12/22/76 Actual Actual Actual &ctual Proposed** Projected**
6/30/77 FY 1977-78 FY 1978-79 FY 1979-80 FY 1980-81 FY 1981-82 FY 1982-83
Revenues $170,838 $676,548 $1,098,519 $1,293,114 '$1,446,400 $1,624,300 $1,839,700
Operating and Non-Operating 203,355 663,346 692,321 858,910 1,139,100 1,591,300 2,169,800
Expenses
Net Operating Income (129,772) 13,202 311,486 434,204 307,300 33,000 (330,100)
(Loss) Before Capital Outlay
Depreciation 38,763 81,776 94,7~2 110,855 125,000 167,500 200,700
Total Active Accounts in System 3,831 4,580 5,128 6,059 6,650 8,200 9,500
on June 30*
City acquired system on December 22, 1976 with 3,368 total active accounts.
**Without rate increase.
¢ OFFICE OF CITY ATTORNEY
RICHARE) J. OBERHOLZER CITY HALL JERRY WEBER
· City Attorney 1601 TRUXTUN AVENUE Claims Administrator
~,'~,, BAKE RSF IE LD,CALIFO f:~NIA 93301
TERRELLW. KINNEY
, ~:HARLES S. WILSON Telephone 861-2721
Assistant, City Attorney · City Attorney Investigator
'ARTHUR J. SAALFIELD June 2~r
Deputy City Attorney
,;ITY OF 8AKER~IE~
oEP. NTt/t/lENT OF WATE~
Mr. Jeptha A. Wade, Jr.
Vice President and Chief Engineer
California Water Service Company
1720 North First Street
P. O. Box 1150
San Jose, CA 95108
Re: Agreement off Sale between the City of
Bake~sfie].d and California Water
Service Company
Dear Mr. Wade:
Pursuant to our telephone conversation of this
date, you will find enclosed a copy of two proposed para-
graphs to be inserted into the Agreement of Sale between
the City of Bakersfield and CalJ.['~o~nia Water SeI:vice Company.
If the p~oposed paragraph ].2 could be reduced to
a few simple words, it could be stated that it provides
that California Water Service Company is responsible fo~
all of the rights and liabilities of the system that accrue
before the closing date. The provision eliminates the
need for the City, in the event of such a claim, etc., to
have to appear in court to be t-elieved. The present agree-
ment contains no provisions, other than damage to the
facilities (paragraph 6), with respect to liabilities that
may have a~isen before the closing date. Although it would
be difficult for .California Water Service Company to a~gue
that the City purchased all of the existing liabilities'of
the system, it would be a potential dispute that would be
eliminated if the proposed clause were incorporated in the
Agreement. We believe this proposed paragraph is essential
to a clear understanding of what the City is purchasing.
' It appears to put in writing that which everyone understands
as being a term of the purchase.
· Mi. geptha A. Wade, gr.
.~ .z~,,~ California Water Service Company
~"~ Page 2
~ ~ June 22, 1981
The proposed paragraph ].3 is of lesser importance
from the City's position. Some have said that California
Water Service Company never actually filed the protest.
At any rate, as you suggested, this matter could be resolved
by letter.
Would you kindly consult with your attorney on
this matter at yo.ur convenience.?
' ' Very ~truly yours,
Richard J. Oberholzer
City Attorney
RJO: mm
Enclosure
12. Seller agrees to in(~emnify and hold buyer harmless
against any penalty or obligation which relates to any nonicomp].ia~.~ce
with any federal, state or ].ocs]. ];~w, orc]ir~ance, rule or regu.l.a-
tion occurring before the closing ~te~ ;~nd further agrees to
indemnify and hold buyer harmless against any suit or action at
law or equity arising out.of any c].a.Jm of personal injury or
property damage sustained before the closing date as ~ re~-;ult of
or relating to the operation or t}.c-'~', owncrshi;.3 of the f~]ci.l, ities
being purchased herein.
13. Seller having previously, filed PR.O]}...SI ..... OF CAf, IFORNIA
S ~
WATER ~ERVICE, COMPANY BEFORE TIlE DI}<ECTORS OF THE FAIl,HAVEN IN-
DUSTRIAL FIRE [~ROTECTION DISTRI('.[}-~ c')oes hereby, through executioh
of this agreement, withdraw said }~rotest with Drejudice against
refiiing said protest.
AGREEMENT OF SALE
THIS AGREEMENT, dated , 1981,
by and between the CITY OF BAKERSFIELD, a municipal corporation
and political subdivision of the State of California ("Buyer"),
and cALIFORNIA WATER SERVICE COMPANY,~ a California Corporation
("Seller").
W I T N E S S E T H:.
WHEREAS, Seller owns and operates a water system
which presently serves the major portio:n of the City of Bakers-
field and its inhabitants; and
WHEREAS, Buyer has the power of eminent domain
and has decided to acquire a portion of Seller's facilities
which presently provide service to the Fairhaven area of
City nOrth of Kern River and westerly of Pierce Road; and
WHEREAS, Seller is willing to sell said facilities
to .Buyer;
NOW, THEREFORE, for and in consideration of the
mutual agreements herein contained, it is hereby agreed between
Seller and Buyer as follows:
1. Upon and subject to the terms and conditions
hereinafter set forth, Seller agrees to sell and Buyer agrees
to purchase that portion of Seller's water distribution facilities
which is physically located within that part of the County
of Kern, State of California, which is Outlined in-red on
the-map attached as Exhibit A, including,, without limiting
the generality of the foregoing, all water mains, pipes,
pipe lines, valves, connections, services, meters and meter
boxes located within said above described area. The facilities
to be so purchased by Buyer are herein referred to as the
"purchased facilities".
2. (a) The purchase price shall be the sum of
Two-Hundred Twenty Thousand Dollars ($220,000), to which
there shall be added the cost to Seller of all additions
and betterments made to the purchased facilities from December
31, 1980 to the Closing Date and from which there shall be
subtracted the amount recorded on Seller's books of all retirements
to the purchased facilities from D~cemb~r 31, 1980 to the
Closing Date. Seller shall furnish Buyer on the Closing
Date with an accounting, certified to be true and correct
by Seller's Chief Financial Officer and Treasurer, of all
such additions, betterments and retirements. The purchase
price shall be paid by Buyer to Seller in cash on the Closing
Date on delivery to Buyer of a satisfactory conveyance of
the purchased facilities together with the records and documents
which are listed in Exhibit B attached hereto.
(b) Unbilled charges for metered water service
shall be adjusted as hereinafter provided in paragraph 5
hereof.
3. The purchased facilities shall be conveyed
'~o Buyer on the Closing Date free and clear of all liens,
encumbrances and liabilities. Seller shall deliver to Buyer
on the Closing. Date a deed and bill of sale in the form attached
as Exhibit C.
4. It is believed by the parties that this trans-
action is not subject to California sales or use tax, but
if any such tax is claimed or imposed by the State of California,
Buyer agrees to assume all responsibility and expense in
defending any such claim and to pay any tax found to be due.
This sale constitutes an occasional sale by Seller.
5. All accounts receivable and unbilled revenues
for water supplied to and including the~Closing Date are
'excluded from the purchased facilities. Meter readings shall
be taken on the Closing Date jointly by Buyer and Seller
and Seller shall, at its own expense, collect any bills for
water service rendered prior to the ClOsing Date.
6. All risk of loss or injury or destruction to
any and all of the facilities covered by this agreement shall
be upon Seller at all times until the Closing Date and in
the event of any such loss, injury or destruction, the purchase
price shall be appropriately adjusted, but Seller shall be
entitled to retain any insurance proceeds or claims against
an insurance carrier relating to any such loss, injury or
destruction.
· 7. At all times prior-to the Closing Date, Seller
~hall continue such usual upkeep, maintenance and repair
of the purchased facilities as it would if it were to continue
in ownership and operation of the same and any and all expenses
incurred by Seller in so doing, together with any and all
operational expenses incurred in connection with the purchased
facilities prior to the Closing Date, shall be borne by Seller.
8. Buyer agrees upon the Closing Date to undertake.
the distribution of water to all customers then served by
the purchased facilities and Buyer shall assume as of that
date any and all public service obligations now resting upon
Seller within the area outlined in red on Exhibit A, subject,
however, to the righ~t of Buyer to fix rates and determine
conditions of service as a municipal corporation engaged
in the public supply of water.
9. This agreement is hereby expressly made subject
to the condition tha~ the sale and transfer of the purchased
facilities, upon the terms and conditions herein provided,
shall be approved and authorized by the Public Utilites Commission
of the State of California ("Commission") and this agreement
shall not become effective until such approval and authorization
shall have been obtained. Seller agrees promptly upon execution
of this agreement to make application to the Commission for
appropriate authorization to consummate this transaction
and Buyer agrees to join in said application. If such authori-
zation shall not have been Obtained on or before December
~1, 1981, the purchase price of $.220,000. shall be subject
to renegotiation.
10. If Buyer so desires ~nd shall give written
-notice thereof to Seller not later, than ten days after issuance
by the Commission of the authorization set forth in paragraph 9
hereof, Seller agrees, following execution by Seller and
Buyer of the Interconnection Agreement hereafter described,
to construct or cause to be constructed prior to the Closing
Date an interconnection in the existing 12-inch pipeline
at the point shown on Exhibit A in Gilmore Avenue at the
east side of State Freeway 99 for the purpose of providing
a separation between the purchased facilities and the remainder
of Seller's Bakersfield system. Upon completion of construction,
if such construction is authorized by Buyer, ~he parties
agree that such interco~nection shall be maintained in a
closed position but 'shall include a meter for the measurement
of the flow of water in either direction for use by either
Buyer or Seller when required in an emergency. If such inter-
connection is constructed, Seller agrees to bill Buyer for
the cost of such construction promptly upon completion thereof
and Buyer agrees to pay such bill within thirty days of receipt.
Promptly following the notice by Buyer set forth in the first
sentence of this paragraph 10, Seller and Buyer agree to
execute an Interconnection Agreement covering the operatioh
and maintenance of such interconnection; such Agreement shall
City of Bakersfield
TRANSMI1TAL SLIP Date .......................................................
From .......................................................................................................................
For Your:--
[] Signature [] Action [] Information I-I File
Please :--
[] Return [] See Me [] Follow Up [] Prepare Answer
Copy to: .........................................................................................................
Memo: ............................................................................................................
H LS
be i~ or substantially, in the form of Agreement attached
hereto as Exhibit D.
11. Th~ Closing Date shall be such date as may
be designated in writing by Buyer to Seller upon not less
than sixty days written notice at any time subsequent to
the date upon which appropriate authorization of the Com-
mission is obtained, but the Closing Date shall be not later
than December 31, 1981, unless the parties agree in writing
to extend the period for determination of a Closing Date.
-1-~. All notices, demands, or other writings in
this agreement provided to be given or made or sent or which
may be given or made or sent by the parties hereto shall
be deemed to have been fully given or made or sent when made
in writing and deposited in the United States mail, addressed
as follows:
To Seller~ 1720 North First Street
P.O. Box 1150
San Jose, CA 95108
Attention: Mr. J. A. Wade
Vice-President
To Buyer: City Hall
1501 Truxtun Avenue
BakErsfield, CA 93301
Attention: City Manager
The address to which any notice, demand or other writing
may be given or made or sent to either party may be changed
upon written notice by such party as above provided.
12. Seller agrees to indemnify and hold buyer harmless
a~ainst any penalty or obligation Which relates to any non-con..~liance
· with any federal, state or local law, ordinance, rule or regula-
tion occurring before the closing date, and further agrees to
indemnify and hold ~uyer harmless a%q?.inst any suit or action at
law or' ~equity arising out of any claim of personal injury or
property damace sustained as a result, or relating to the operation
r_,._ owners..ip of the facilities being purchased h,,':~ein.
13. Seller having previously filed PROTEST OF CALIF'DP~'~TA
~,-."'~'~'~',,~:,...,. o:~'[<VICE CO['~.[)ANY BEFORE THE DIRECTORS OF THE FAIRHAV~.u~
._,~.:.,,[,.1AL FIRE PROTECTION DISTRICT does hereby, throuqh execution
of this aqreement, withdraw said protest with ~,r..q~c:c-','.¢': ?:sfainst
refiling said protest.
IN WITNESS WHEREOF, the parties hereto have caused
~'this agreement, dated as aforesaid~ to be executed by persons
thereunto duly authorized.
ATTEST: CALIFORNIA WATER SERVICE COMPANY
City Clerk Its Vice President
~ov~.~ ~s ~o ~o~:
ItS. S~cret'ary
CITY OF BAKERSFIELD
City Attorney
By.
Its Mayor
By
Its City Manager
~ 'AGREEMENT 'FOR THE. S'AI,'E 'OF FACILITI ES
" TO THE 'CITY. 'O'F 'BAKERSFIELD
Records and DOcuments to be FurniShed to City of
Bakersfield by California Water Service Company
SYSTEM PLAT MAPS
VALVE RECORDS
METER HISTORY CARDS
COPIES OF ALL EASEMENTS, DEEDS, RIGHTS
OF WAY AND ASSIGNMENTS THEREOF TO CITY
BILLING RECORDS
FIRE HYDRANT RECORDS
INVENTORY OF FACILITIES TRANSFERRED
COPIES OF ANY AGREEMENTS AFFECTING FACILITIES
ACQUIRED OR THEIR OPERATIONS
EXHIBIT B
DEE~'ANI~-BILL OF SALE
. THIS DEED AND BILL OF-SALE made this ..... day of
, 1981, by and between CALIFORNIA WATER SERVICE
COMPANY, a California corporation ("Sel'ler") and the CITY OF
BAKERSFIELD, a municipal corporation and political subdivision
of the State of California {"Buyer").
W I T N E S S E T H:
FOR GOOD AND VALUABLE CONSIDERATION, receipt of which
is hereby acknowledged, Seller hereby sells, grants, conveys,
assigns, transfers and sets over to Buyer all of Seller's water
distribution facilities physically located within that part of
the territory of the'County, of Kern, State of California, which
is situated within the area outlined in red on Exhibit A hereto,
including, without limiting the generality of the foregoing, the
following:
All water mains, pipes, pipe lines,'valves, connections,
services, meters and. meter boxes located within said above
described area.
IN WITNESS WHEREOF, California Water Service Company
has caused this Deed and Bill of Sale t° be duly executed by
its officers thereunto .duly authorized, on the date and year
first above written.
CALIFORNIA WATER SERVICE COMPANY
Its' ·
Its
EXHI'BIT C
STATE OF CALIFORNIA )
.County of Santa Clara )
On this .... day of .......... -,-.1981, be£ore me~
...... , a Notar~ Public in and for said
State~ Count), of Santa Clara~ duly commissioned and sworn~
personally appeared J.A. Wade, Jr. and ...........
known to me to be the Vice President and .......
respectively, of CALIFOKNIA WATER SERVICE COMPANY,. the corporation
named in and which executed the within instrument, and known
to me to be the persons who executed the within instrument on
behalf of said corporation therein named, and acknm~ledged to
me that such corporation executed the same.
IN WITNESS WHEKEOF, I have hereunto set my hand and
a££ixed my official seal in said County and State, the 'day and
year in this certificate first above written.
NOT~Y 'PUBLIC
in and for the State of California
My Commission. Expires
AGREEMENT. FOR. 'EMERGENCY WATER. SUPPLY
THIS AGREEMENT, made and entered into as of the'
day oE ." ''.' , 1981 by and between the CITY OF
BAKERSFIELD, a municipal corporation, First Party, hereinafter
sometimes referred to as ',Bakersfield'.'; and CALIFORNIA WATER
SERVICE COMPANY, a California corporation, Second Party, here-
inaft'er sometimes referred to as "California",
W I T NE S SETH:
WHEREAS, the parties hereto are each engaged in the
supply of water in the City of Bakersfield:i~ contiguous service
areas; and
WHEREAS, each party has its own water supply and under
usual and ordinary operating cond'itions neither party would have
occasion to purchase water from the other party; and
WHEREAS, in view of possible emergency or disaster Of
a military nature or otherwise, the parties believe it is a
wise precaution to arrange for an interconnection of the Fair-
haven water system of Bakersfield with the water system in the
Bakersfield District of California to the end that water can
be supplied by either party to the other party upon a limited
and emergency basis;
NOW, THEREFORE, for and in consideration of the premises
and of the provisions herein contained, it ii agreed as follows:
1. The water system of Bakersfield-will be connected
Zo the Bakersfield District water system of California at
Gilmore Avenue east of Highway 99 Freeway in the City of Bakers-
£iel'd. The interconnection will consist o£ a 12-inch pipe with
~an 8-inch mete~ that may be readilY, adjusted to the 'direction
'of water flow. The'conne~ti'on to the main of California will
be made by California at 'the expense o£ Bakers£iel'd.including
the cost o£ the meter.
2. In the event.either party shall require supple-
mental water £or a limited period ~£time due to war, civil
disaster,' or a £ailure o£ water supply due to power £ailure~
mechanical £ailure o£ alpump' or meter or switchgear or the
temporary sanding o£ a well or a pipe break, or other emergency,
such party shall have the right' to obtain ~ater f~om the other
party on two hourst notice and to the extent the supplying
party is able to provide such water in view o£ its.circumstances
and demands at that time. Nothing herein shall be deemed to
constitute a dedication o£ the ~ater supply o£ either part~ to
service the territory o£ the other party or to constitute a
commitment to supplx water to the other par~¥ as a regular
customer. The obligation to Supply water hereunder is limited
to surplus water above and beyond that required to service the
needs of the supplying party's regular customers and to a rea-
sonable, period of time to permit the party being supplied to
effect repairs to its own sources.
$. 'To compensate the party supplying water 'hereunder
for its costs of operation, any par~receiving water shall pay
to the supplying party £or all water delivered in accordance
withthe supplying party's then effective regular tariff schedule,
charges to be made only for months in which water is actuality
-2-
.deligered,'such'payment to be made Within ten (10)' days after
rec4ipt of a bill. The 'amount of water 'delivered shall be
estimated if conditions do not permit metered measurement.,',
4. This agreement shall continue in effect until
terminated bY either party upon not less than ninety (90) days'
written notice to the other.
5. Any notice which it is herein provided 'may or
shall be given by either party to the other shall be delivered
to the party to whom such notice is given at the following re-
spective addresses:
City of Bakersfield
1SO1 Truxtun Avenue
Bakersfield, CA 93501 '
Attn: City Manager
California Water Service Company
1720 North First Street
San Jose, CA
Either party by notice given as hereinbefore provided may
change the address to which notice shall thereafter be delivered.
§. This agreement shall be subject to approval of
the Public Utilities Commission of the State of California and
shall at all times be subject to such changes or modifications
as said Commission may £rom time to time direct in the exercise
of its jurisdication.
-5-
IN WITN~.SS WHHREOF, the parties hereto have executed
this agreement in duplicate as of the day and year first above
written.
CITY OF BAKERSFIELD CALIFORNIA ~ATER SERVICE COMPANY
lis Mayor Its' Vice Pr.es-ident
By ,,, By,. ' ......
Its CiYy M'anager Its Secretary
ApProved as to Form
.City Attorney
First Party Second Party
-4-
FORN P6.A
M EM ORA N D U M
April 22, 1981
FROM ~. ........ Gene Bo.g.a_rt ~ ........ - ..............................
SUBJECT '1981-1982 _.A~k.r_i..c_h~_ltural Water EnteT_prise Bu..dget ..........
*." ' Attached foE your information and review is the proposed 1981-1982
'" Agricultural Water Enterprise Budget. This year the budget consists
of 3 major components that will require three separate actions by the
Water Board and confirmation by the City Council.
These components are as follows:
1.~ 1981-1982 "OPERATIONS and CAPITAL OUTLAY BUDGET." Attached
to the operations budget is a schedule showing the source
..... of estimated 1981-1982 revenues and a summary explanation of
I~' ' ........ ~'" the cost centers associated with the operating budget.
As you can see from the attached budget, the 1981-1982 fiscal
year is estimated to be deficient ($86,790) due 'to the fore-
casted low water supply yield. These low-income below-normal
water years were anticipated when the original water rights
acquisition was ma/de by the City. Since 1977, sufficient re-
serve funds have been accumulated to meet the estimated 1981-
1982 deficiency. The formalization of this reserve account
is explained in item #3 below.
2. "1981 WATER PRICE & SAND SALE SCHEDULE" recommended for approval
~which would remain in effect until water supply conditions
warrant adjustment of these prices.
3. Establishment of a "GENERAL FINANCIAL RESERVE ACCOUNT" within
.~. the Agricultural Water Enterprise function 60 provide funding
~ during dry year, low income periods; and to provide a contin-
~ gency fund for emergencies and/or natural disasters. A sum-
mary explanation of the General Financial Reserve and a recon-
--ciliation of the Agricultural Water Enterprise function 1977
~ through June 1982 is attached for review.
GB:ss
attachment s
xc: Phil Kelmar
W. D. Higginbotham
CITY OF BAKERSFIELD
AGRICULTURAL WATER ENTERPRISE
Estimated Revenues and Expenses
For the Period 07/01/81 to 06/30/82
Estimated
Actual Current
Fiscal Year Fiscal Year
OPERATING BUDGET 1980-1981 1981-1982
Revenues From Operations ................................... $2,384,330 $2,175,300
Operating Expenses
Field Expenses:
Wages and Employee Benefits ............. $ 472,990 $ 529,750
U. S. Corps of Engineers O &'~' ~'~a~eiia' .. i. ~ ~ 30,250 30,250
Maintenance Expense ' 96 330 80 000
Weed Control ............................................. 24,480 25,000
Charges From Vehicle Pool ............................ 155~040 183,300
Charges From General Services Department ...i . i~ ..... ~ 3,230 3,500
Expenses Reimbursed-Clearing Accounts (Joint Facilities).. (92,.500) (90,000)
Total Field Expenses ................................. $ 689,820 $ 761,800
Administrative Expenses:
Consultants - Engineering and Attorney ................... $ 112,000 $ 115,000
Department of Water Resources - Snow Survey .............. 4,020 4,450
'U S B R Contract Administration 550 550
Self Insurance - Liability & Property Damage Reserve ..... 25,880 27,200
Charges From Administrative Departments .................. 7,200 7,800
Field Office - Rents & Related Expenses .................. 35,550 39,500
Property, In Lieu & Possessory Interest Taxes ............ 33,200 33,SO0
Cloud Seeding Participation .............................. 21,5S0 2S,000
Kern River Investigations (Power Filings, Entitlements, etc.) 10,200 12,000
Misc. General Expense (Assoc. Dues, Security, etc.) ...... . 34,600 38,000
Total~A~ministr~tiveExpenses ........................ $ 284,750 $ 303,000
Net Operating Income Before Depreciatiom ................... $1,409,760 $1,110,500
Depreciation ................... . .......................... (140,000) (148,000)
Net Operating Income (Loss) ...... .':. ......................... $1,269,760 $ 962,S00
Non-Operating Expenses
1976 Wat nds I !: $ 802 790 $ 788 240
er Bo - nterest .... ~ .......................... , ,
1976 Water Bonds - Principal .... .......................... 235,000 250,000
1965 NKWSD - Isabella Bonds - Interest & Fees ............ 29,600 28,150
1965 NKWSD - Isabella Bonds - Principal .~ ................ 36,250 37,500
Less: Amortization of Bond Premium ...................... (1,100) (1,100)
Less: Rental of Isabella-Storage Space .................. (78,800) (53,500)
Total Non-Operating Expenses $1,023,740 $1,049,290
Net Income (Loss) Before Capital Transfers ................. $ 246,020 $ (86,790)
1) Repayment of Organization Acquisition Cost ........... 90,000 ~
1) Transfer to Capital Improvement Budget ............... 156,020 ~
NET INCOME (LOSS) ............................... .. $ M $ (86,790)
1) Repayment and transfer to capital improvement budget are predicated upon receipt
of estimated revenues during fiscal year. ..
Page Two
CITY O~ BAKERSFIELD
AGRICULTURAL WATBR ENTBRPRISE
Estimated Revenues
For the Period 07/01/81 to 06/30/82
Estimated
Actual Current
Fiscal Year Fiscal Year
1980-1981 1981-1982
Sales to Five (5) Major Districts ........ $1,430,330 $1,416,000
Kern River Canal & Irrigating Co. Sales.. 104,775 110,500
Lake Ming Agreement (County of Kern) .... 4,700 4,700
Oilfield Discharge ...................... 11,800 12,600
Annual Pumping Agreements ............... 4,100 4,200
Temporary Pumping Agreements ............ 800 1,000
Borrow-Payback Exchange Fee ............. 0 158,100
Miscellaneous Irrigation Water Sales .... 529,900 83,200
Non-Kern River Water Sales .............. 22,000 52,000
Groundwater Sales ..................... ]. 100,000 1i8,000
Sand Sales ............................... 15',925 25,000
Interest Income ......................... 160,000 190;000
TOTAL Estimated Revenues .......... $2,384,330' $2,175,300
Page Three
CITY OF BAKERSFIELD
AGRICULTURAL WATER ENTERPRISE
Capital Outlay program
For The Period 07-01-80 to 06-30-82
Fiscal Year
1981-1982
Source of Funds ~
Water Revenues in excess of 1981-1982 Budget estimate ..... $690,000
Proposed Applicatipn..o? Funds
1) Replacement of Carrier Weir 18-0-507 (F.S.A.) .......... $190,000
2) Construction of River Canal Spillway @ P.T.O ........... 9S,000
3) Improvements to Kern River Canal [ Irrigating
Company Laterals .................................. 25,000
4) New ~ Replacement Fencing on Carrier and River Canal ... 85,000
S) 2800 Acre Basin and River Bed~Properties Improvements .. 175,000
6) Public Works storm drain construction projects ......... 120,000
TOTAL CAPITAL EXPENDITURES 1981-1982 .................. $690,000
Actual Construction is predicated upon receipt of
revenues in excess of 1981-1982 budget.
Page Four
CITY OF BAKERSFIELD
AGRICULTURAL WATER ENTERPRISE
Explanation of Operating Expenses
For Current Fiscal Year
Wages & Employee Benefits
Based on present staff size with allowance for increment step raises
and. temporary help when required.
U.S. Corps of Engineers O & M - Lake Isabella
This expense is based on the actual operations and maintenance charges
reevaluated every five years. For the period 1979-1983 City's share
of the annual charge will be $30,250.
Maintenance Expense
Those expenses included are for specialized equipment such as; gradalls,
draglines, etc., also includes steel, weir boards and other contract
expenses and materials incurred for maintenance.
Weed..-Contr. ol
Annual charges made for herbicides and other chemicals, contract labor
and equipment used to control weed growth on ditch banks and canal right-
of-ways.
Charges From Vehicle Pool
This figure represents the rental costs as charged by the equipment
division of Public Works for fueling, maintenance and replacement of
Agricultural Water vehicI~s and heavy equipment.
Charges. From General SerPices Department
Charges incurred for metal fabrication, machine'work and carpentry for
various construction projects. Includes labor and materials.
Expenses Reimbursed - Clearing Accounts (Joint Facilities)
Moneys collected from other water districts for their proportionate
share of labor and equipment costs incurred for recordkeeping and the
operation and maintenance of jointly owned facilities.
Consultants - Engineering & Attorney Fees
Expenses incurred for technical and professional assistance provided
by water attorney and engineering firms.
Department of Water Resources - Snow Survey
This expense covers City's share of the California Cooperative Snow
Surveys Program in cooperation with other Kern River interests to fore-
cast water supplies.
Page Five
U.S.B.R. - Contract Administration
Under existing agreements, the City is responsible for 34% of the annual
charge of the Bureau for administrating the Isabella Reservoir contract.
Self Insurance - Liability & Property Damage Reserve
This covers Agricultural Water Enterprise premium share for self-insured
costs as quoted by Finance Department.
~harges From Administrative Departments
These are charges made by other departments, such as; Data Processing,
Finance, Personnel, etc.
Field Office - Rents & Related Expenses
This includes expenses for rents of office space and equipment, maint-
enance for communication equipment, office supplies, utilities, etc.
Property, In Lieu and Possessory Interest Taxes
Taxes for real property and facilities operated by the Agricultural
Water Enterprise and those Possessory Interest Taxes associated with
Storage Rights at Lake Isabella.
Cloud Seeding Participation
-:-'-- ......... ~-ity¥'~-"~--~-ann~'a~'~-o~s associated with cloud seeding operations
on Kern River Water Shed.
Kern River Investigations (Power Filings, Entitlements, etc.)
Those specific items in which City has pursued investigations to pre-
serve and protect it's Kern River operations a~.d entitlement structure.
Miscellaneous General Expenses
Charges included are dues to.organizations, literature, professional
security agencies, travel expenses for out-of-town meetings, training
programs, etc.
Depreciation
A schedule of depreciation was established on December 22, 1976 based
upon the estimated life and replacement value of those physical assets
acquired from Tenneco West, Inc. This depreciation schedule will change
as new capital assets are added and others are deleted from asset inventory.
1976 Water Bonds
General obligation bonds issued for purchase of Kern River Water Rights
and physical assets. There are two payments due annually, aprimc~lcand
interest payment due on December 15 and a single interest payment due
June 15.
1965 N.K.W.S.D. Bonds
City's 50% share of the 1965 bonds issued for purchase of conservation
storage space at Isabella Reservoir. There is a principal and interest
payment due in January and an interest payment due in July..
AGRICULT ~RAL WATER ENTERPRISE
1981 WATER ~RICE & SAND SALE SCHEDULE
The following recommend d water prices reflect the current, below-
normal water supply conditio~ s of the lower San Joaquin Valley. Of
the seven (7) water price ca ~agories shown below, items 3, 5 and 7
are established by existing contracts, with items 5 and 7 escalated by
the "Ail Commodities" index.annually. The water prices for items 1 and
2 are dependent upon time of. year and water supPly conditions. The
reco~lended water rates for Catagories 1, 2, 4 and 6 would take effect
May 1, 1981 and would remain~ in effect until water supply conditions
warranted changes or adjustments to these prices.
For information and reference, the 1979 and 1980 schedule for
surface water sales is showni for comparison:
!, PRICE PER ACRE FOOT
~, Prices Effective
Actual 1979 Actual 1980 May 1, 1981
TYPE OF WATER ~ (95% of Normal (225% of Normal (72% of Normal
Water Year). Water Year) Water Year)
l) Miscellaneous Kern River Water .. $20.00 $12.18 $25.00
sold for surface irrigation "
March-September
2) Miscellaneous Kern River Water .. $12.18 $12.18 $13.56
sold for surface irrigation
October- February
3) Basic Contract Water ......... ~... $20.00 $20.00 $20.00
(price set by contract) ~
4) City non-Kern River Water Sales~ .. $12.00 $12.00 $20.00
(Oil field Discharge,. etc. ) ~
5) City "Borrow/Payback" Water ...i. · $11.45 $14.21 $15.81
(price set by contract)
6) Kern River Canal and Irr. Co ..... $12.'00 $12.00 $14.40
(includes 30% Sale to
North Kern W.S.D.) '~
7) Miscellaneous Water that would .. $7.04 = $8.12 $9.04
otherwise be used by City for
groundwater replenishment.
(price set by contract)
For temporary pumping al reements (from canal or river facilities),
Annual Pumping Agreements an. Sand Removal Sales from the Kern River
primary flood channel (owned by the City), the following rates are
recommended and would remain in effect until conditions warranted changes
or adjustments.
ITEM PRICE
1) Temporary Pumping Agreements .~? ....................... $40.00 per day
(from canal and/or River facilities)
2) Annual Pumping Agreements: !i
0 - 2 loads per week .................... $200.00 (minimum charge)
3 - 5 loads per week .................... $300.00
6 - 8 loads per week .................... $400.00
greater than 8 loads per week ........... $500.00 (or greater, depend-
!ng upon volume)
3) Sand Removal Sales ............. i~ ...................... $1.00 per cubic yard
(plus sales tax
when applicable)
AGRICULTURAL WATER ENTERPRISE
ESTABLISHIVIENT OF "GEN~&L FINANCIAL RESERVE ACOD[Nr"
Now that the City has had four years experience in the operations, maint-
enance and financial obligations associated with the Agricultural Water Enter-
prise function, it appears necessary at this time to establish a "General
Financial Reserve" that would insure and protect the City from ever having to
use general funds of the City to support the Water Enterprise operations. 1his
was a promise that was made to the voters when they supported the General
Obligation Bonds for the acquisition of Kern River water rights and properties
in 1976.
This financial Reserve could be established from Agricultural Water
revenues accrued during above-normal water years and would be held in reserve
for only the following purposes:
1. Provide an Agricultural Water fund that could be used to cover
operating and maintenance expenses during dry years when ~ter
revenues are minimal.
2. Provide an emergency reserve for unscheduled major maintenance
for such items as canal breaks, pipeline failures, weir failures,
etc.
3. Provide a contingency to restore water coveyance facilities in
the event of natural diaster, rainflood, earthquakes, etc.
Because of the liability and loss in revenues that could occur
due to a loss of facilities, it would be imperative to restore
service and facilities as soon as possible.
In researching local Water Districts with similar operating responsibil-
ities, it was found that 25% to 30% of the annual operating budget has been
set aside for this General Reserve fund. As it relates to the City's Agri-
cultural Water Enterprise operations, this would mean an amount of approxi-
mately $500,000 should be set aside to create this General Financial Reserve
Account.
With this information it is now recommended that this contingency account
be created, to be used only for the above mentioned purposes, with a current
ceiling amount of this fund to be established at $500,000. ~his amount would
be adjusted annually to reflect the effects of inflation.
~his will require action in addition to the acceptance of the 1981-1982
operating budget.
Attached for your information is an updated reconciliation of the Agri-
cultural Water Enterprise showing that $299,452 is estimated to be available
on June 30, 1982 for the .General Financial Reserve account explained above.
AGRICULTURAL WATER ENTERPRISE
FINANCIAL RECONCILIATION
Cash & Accounts Receivable As of 06-30-80 ........ ii .............................. $2,043,227
i: 156,020
Estimated Net Income 1980-1981 ........ ~: ...........' .
Estimated Ag. Water Capital Improvement Expenditures 1980-1981 .............. (393,880)
Estimated Cash & Receivables As of 06- ii $1 805,367
30 -81 ...... ! ........................... ,
Estimated Net Loss 1981-1982 ........... ~ .... ' '.' ' . . (86,790)
Estimated Public Works Capital Projects-Outla~ From Ag. Water Enterprise
in 1981-1982 for construction of Interim Waste! Water Facilities at
Treatment Plant No. 3 (By Council action Marc~ 25, 1981) .................... (200,000)
Estimated Cash & Receivables As of 06-30-82 .................... $1 518 577
Ag Water Capital Budget Items Approved during ~;;i;~ ~:~:~ ~;~ ' '
06-30-81 But Not Yet Constructed (This amount is in addition to
$393,880 shown above for 1980-1981 expenditures.) .......................... (1,219,125)
Hnencumbered Contingency Reserve For~Emergencies, :
~nscheduled Major Maintenance and Operational Reserve
For Dry-Year (Low Income) Operations Estimated To Be G
On Hand 06-30-82 .............................. ~ .............................. $ 299,452
unencumbered funds estimated be hand of 06-30-~82
These
currentl ~
are
to
on
as
and would be available to begin the establishment of "General Financial Reserve"
account explained on previous page.
ORDINANCE NO. NEW SERIES
AN ORDINANCE OF THE COUNCIL OF THE CITY OF
BAKERSFIELD ADDING CHAPTER 1.48 TO THE MUNICIPAL
CODE ESTABLISHING AND ADOPTING RULES FOR THE
OPERATION.OF THE CITY'S WATER SYSTEM IN THE
FAIRHAVEN WATER SERVICE AREA, AMENDING CHAPTER
1.~46 BY ADDING SECTION 1.46.020D, AND AMENDING
SECTIONS 1.46.1'20, ~l.46.150A(.2)a., AND 1.46.150B.,
RELATIVE TO OPERATIONAL RULES FOR ASHE WATER
SERVICE AREA.
BE IT ORDAINED by the Council of the City of Bakersfield as
follows:
SECTION 1'.
There is hereby added to the Bakersfield Municipal Code
Chapter 1.48 to read as follows:
.Chapter 1.48
ESTABLISHMENT AND OPERATIONAL
RULES - FAIRHAVEN WATER SERVICE AREA
Sections:
1.48.010 Establishment of Fairhaven Water Service Area
1.48.020 Application of Chapter 1.46'to Fairhaven Water
Service Area
1.48.030 Excess Capacity Assessment Credit
1.48.010 Establishment of Fairhaven 'Water Service Area. There
is hereby established 'the Fairhaven Water Service Area, the boundaries
and service area of which shall be as determined by the Council by
resolution, which resolution may be amended from time to time.
1.48.020 Application of Chapter 1.46 to Fairhaven Water Service
Area. The operation'al rules set forth in Chapter 1.46 of the
Bakersfield Municipal Code, except for the provisions of subsections
A.(1)b., A(2)c., A.(3)c., A.(4)c., A.(5)c., A.(5)d., A.(6), B.(1)a.,
B. (1)b., S(1)c., B. (2.)a., B. (2)b., B. ~2)c., B. (2)d., S. (2)e.,
B. (3), and C. of Section 1.46.140, of subsection A. (1)a. of
Section 1.46.150~ and as otherwise provided in this Chapter, as
said Chapter may be amended from time to time, apply to the operation
of the Fairhaven Water Service'Area.
1.48.030 Excess Capacity Assessment Credits. The City shall
make payments to the bond redemption fund of a portion of any con-
nection fees charged by the City or any other~funds to provide
partial payment of assessments as'they come due, in an amount not
to exceed Seven Hundred Forty-three Thousand Dollars ($743,000) as
off~et for the cost of constructing excess capacity in the water
distribution syste~ for future expansion and acquisition of the
portion of said system with the boundaries of the City, consistent
with the provisions of Section 1020~ of the California Streets and
Highways Code.
SECTION 2.
Section 1.46.020 of the Bakersfield Municipal Code is
hereby amended by adding subsection D to read as'follows:
1.46.020 Description of Service.
D. Non-liability.
The City shall not'be liable for injury or damage to
either persons or property resulting from failure to supply either
adequate quantity,· quality, or pressure of the water supplied
pursuant to these rules or pursuant to ahy contract hereunder.
Acceptance of service by any customer shall Constitute waiver of
such liability.
SECTION 3.
Section 1.46.120 of the Bakersfield Municipal Code is
hereby amended to read as follows:
1.46.120 Rates and Charges.
A. Effective Rates.
A complete schedule of all effective rates authorized to
be charge~ for water service shall be kept in the.City's local
offices where they will be available for public inspection.
B. Availability Rates and Charges.
-The City Council, by~resoluti0n, shall establish avail-
ability (stand-by) fees and charges for water service facilities
fo~ all areas except those described in Exhibit C-1 of the City
Agreement No. 76-36, which fees and charges are hereby declared
to be necessary to compensate the City for the expense incurred
in furnishing source, storage, and water distribution facilities,
and related' capital project expenses, including but not' limited
to costs of acquisition and financing and 'necessary costs of
tion, maintenance, replacement, improvement and extension of the
water system.
SECTION 4.
.Section 1.46.150A. (2)a. of' the Bakersfield-Munic±ca!.C~'~=
is hereby amended to read as follows:
1.46.150 Service Connections, Meters and Customers' Faci!Lti~.
A. Installation.
(2) Meters.
a. Meters, where authorized, will be installed by
the City at the customer's.expense, unless otherwise
provided in the rules and schedule of rates.
SECTION 5.~
Section 1.46 150B of ~'~ Bakersfield ~-'-~~ ~ ~
hereby amended to read as follows:
1.46.150 Service Connections, Meters and Customers' F~ci!it±.e~
B. Ownership.
The service connections, meters, and other ~--~r~
furnished by the City at the customer's expense' and located wholly
or partially upon a customer's premises are and shall remain the
property of the City., which has the right to repair, re~lace and
remove upon discontinuance of service.
SECTION 6.
This ordinance shall be posted, i~ accordance with the
City Charter provisions and shall become effective thirty (30) days
from and .after the date of its passage.
o0o ....... ~--
3.
I HEREBY CERTIFY that the foregoing Ordinance was passed
and adopted by the Council of the City of Bakersfield at a regular
m~eting thereof held on the day of , 1981, by
the following vote:
/S/ Philip Kelmar
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED this day of , 1981
/S/ Mary K Shel_
MAYOR of the City of Bakersfield
APPROVED as to form:
/~/ Richard J. '0berhoizer
CITY ATTORNEY of the City of Bakersfield
CITY OF BAKEI1SFIELD
R^TE OF SgIIEDUI,E '
FAIRII^¥EN W^TI~R DIVISION
General Meter Service
First 300,000 cu. ft.
'' per 100 cu. ft. $0.420
Ail over 300,000 cu. ft.
per 100 cu. ft. 0.350
Service Charge (pcr meter per month)
5/8" x 3/4" meter $5 45
3/4" meter S 99
1" meter 8.18
1-1/2" meter 10 89
2" meter 14.70
3" meter 26.53 _
4" meter 36.09
6" meter 59.96
8" meter 89.14
AGREEMENT
THIS AGREEMENT, made and entered into this day of
., 19__, by and between the person o.r persolls listed
in paragraplt 1 hereof, hereinaf*.cr collectively referred to ::ts "Develepcr."
and CIq'Y OF BAKERSFIELD, a mm:i. cipal corpo:'ation, hereinafter 'referred 'to
as "City".
· I~ ! T N E S'$ E 1' ti:
i~I'iEREA5; The D(:¥,:loper is developing that ~-crtain subdivision
of real property situate, lying and being in thc County of Kern, State of
California, which-is know'as Tract or Parcot Map N/A located'
within the Senti: half of the West half of thc Northwest quarter of Section
26: To~mship 29S., Range 27E., containing twenty-nine (29) acres more or
less in accordance with thc Ker~t County A:;sessor~s parcel numbers 332-250-20,
532-230-21 and 332-250-22~ or the ~al) l.bereof filed in the Office of thc
Cour, ty Recorder of said County' on the N/A ' day of ,
.2
in Volume of btaps ut Page __ and , and which
is hereinafter referred 'to as thc "~;ubdivisiort" and
~IERkL-~S, Developer is no;,,' selling or i~roposes in tho near future
tc sell lets or develop in the Subdivl..;ion :-~mi,/or P:-:rcel Map and to this end
desires to have water service availabh: in the subdiv.isio...'~ and/or Parcel
through' and by paeans of mains ann appurtenances,' and by services (including
service pipes, fittings, gates and .housings thereof and,meter boxes), herein-
afte'r referred-to-as the "Facilities," to be installed therein substantially
as shown on that certain map prepared by Kern. County Assessor.s Office or
Developer attached hereto, marked Exhibit "A" and by this reference made a
part hereof; and "
WHEREAS, the installation of the Facilities and furnishing of
water service by means thereof are necessary and valuable adjuncts to the
sale of lots in thc Subdivision., n~:d will materially increase the value of
said Lot~; and
I~'}iEiiEAS, u~on the terns and conditions herein set forth, Dcv-
c.;e~)ex' is wiilin~ ~o insiall thc Pacil[.t'~c,s, or c:.:~.t.,:~ ?he same t'~ [,o instal[ed,
at ~.t:~ o~,n expense, all in accordance ~,'ith the provisi:~2s her~'inr~fter set
forth; and "
~,;unic[k,:~l tVater S;:stom, which z:m provi:i~2 both g.omc>3tic r;n', ~:~.~'..'
NOIr, TIII.~III~FO{(}[~ for ar, d i.n con:,~deratio:[ of ti,,:: 1)rc{:~[:;r~,.; an,!
is ag;etd as follows, to wit:
1. ..D. cv¢.loi>e.~i. "he: nm,~es, :~ddrcsse:.; :m,t ,.lc.','i.'ipt 'c.',':s o£ ~.:.,.:~ p,':r£:on
herein coilectivcly rc:',,t~',,4 to (is "t.~c',.',:loFc,." ur,.': ;i.~; fc,[l r,.::-
Lunn Production P.O. Box 10578
Service Santa Ana, CA 92711
'". .. . ~Ollc,!.[lti,3 hercina/~c,:-~(:t
of .the Fairhaven Division of ~ C~ty,of ~a,,e,.sf~eld ~.lun~.clpa] I~ater 37stem, and
to provide Domestic lqater anc~ .'ire Prot,~ct. ion :;crvica under thc prevailin}, ~'tt~r
rate which ~iay be changed 6:m' ti~::c to ti,l~e ns the C'[t7 sees fi.t.
-2-
5. The Developer herein agrees to deposit with City a Developer's
"fee of Fifteen Hundred Dollars {$1,____500.00) per acre, which amounts to $43,$00
more or less for the developers sub~.~s-cn of ....... nine r~ .... -
less. Said deposit 'to be made within sixty (60) days of this agrec:.;ent.
4. Enqineering and Inscection Fee. City's cost relative tc pre-
paring or reviewing plans, specifications and cost estimates for' the Pacititi::s
is $ , (to be determined at the time of ~.lainline in~;talla, ti.:.n)
or four percent (4%) of blainline install, orion costs and City's cost in
supervising and inspegting installation of tl'~e Facilities is $
(to be determined at the time of ~,Iainlin¢ installation) or four percent (41) of
~,lainline ~nstallation costs. City hereby ackno~,'ledges receipt from Develbper
of $ , (to'be determined at the time.of :qainline installa~.,.,.',
representing the total of said costs. Upon complFtion of installation ef ti~e
Facilities, City will connect, or cause to be connected, the same to its cxis;-
lng mains and submit a statement of tile cost thereof to Developer, wl~ich sum
Developer agrees to pay promptly to City. ~,'
S. Installation of Facilities.
{a) Developer agrees to install the Facilities, or cause the
(to be determined at the
s~e to be installed, at its o~m expense on or b&fore time of 5lainline~tallation)
19 . The Facilities shall be installed strictly in accordance with the
specificatipns attached hereto, marked Exhibit "B" and by this reference made a
part hereof, and the installation thereof shall k:e subject to t~e approval of
City in all respects. Tl~e Facilities shall be installed by Developer or by a
contractor, hereinafter referred to as "said contractor," .selected b7 Developer.
(b) Installation of the Facilities shall be subject to the
inspection and approval in all respects.
(c) Title to the Facilities shall vest in Cit7 ~n.accordance
with the provisions of paragraph 7 hereof.
(d) De.veloper agrees to reimburse City upon demand for the
cost to City of all replacements and repairs to the Facilities made necessary
~ithin one year f~om 'Completion of installation thereof by reason of defective
materials or worlunansltip. City's acceptance of the Facilities, as provided
-in pgragraph 7 hereof, shall under no circumstances be deemed, to constitute
".proval of such materials and ~orkmanship for purposes of the preceding 3enxer~ce.
(e) The Developer agrees to provide utility easements' for all
water mains and other facilities required pursuant to the terms of this agr,~e-
mont. Tltcse casements shall be granted to the City for the operation, . ......
anco, and repla~:emenr of the ~,'ater facilities.
' 6. 'Indemnit>2; Insurance
(a) City shall not be responsible or held liabte in any
whatsoever for any injury or damage which may be done t, any person or property
in the course of installation of the facilities by or on behalf of Developer
which may result from such installation, and Developer agrees fo indcnmif}' City
and hold free, safe and harmless of, fro~a and against any and al'l liability for
the death of, or injury to, an7 person and for the loss of, or damage to, any
propert7 ~hich may result from such installation, and Developer further agrees
to rei~aburse City upon demand for ali costs and expenses hhich City may incur
in resisting any claim ~'hich may be made against City for any such injury or
d~age to any person or property. Developer expressly agrees that the agree-
ments contained in this paragraph shall survive the performance of the re:nainder
of this agreement and shall remain in full force and effect not~ithstanding such
performance. Developer further agrees that during the period beginning v:ith
the comencement of construction of the Facilities and terminating upon final
acceptance of the same by City, the following insurance will be maintained in
full force and effect by Developer or said contractor (if the Facilities are
be installed by said contractor) without cost or expenpe tO City: (i) Bodil)'
injury liability insur~ce with limits of not less than Three Hundred Thousand
Dollars ($300,000.00) per person ~d Five Hundred Thousand Dollars ($500,000.00)
per occurrence and (ii) property damage insurance wit~ a limit of not less than
~e H~dred Thousand Dollars ($100,000.0'0) per accident, insuring City against
~y and all liability for the death of or injury to any person ~d for the loss
of or d~age to any property, re, spectivel7, which may arise by reason of acts
done~ or omitted to bo done in the course of installation of the Facilities or
which may result frdm such installation, .. and further insuring City a.g:,~inst all
costs and expenses incurred by City in resisting any claim which may be made
against City for any such injt~ry or damage to any person or property. Eaci~
su~:h poJ'icy (A) shall be issued by an i~surance company..approred in writii'~g
by City, which ik qualified to do and doing business in thc St&re of Ca!l
{B) shall n~e City'-as an additional insurg~,' (C) Shall specify 'that it acts
as primary ip, surance and that no insurance effected by City shall be ca!led
upon to cover a loss under the policy so-procured by Developer,
provide that the policy shall not be cancelled or altered without thirty (30)
days' prior written notice to City and (E) shall otherwise be'in fo~ s~tis-
fqctory to City. Each such policy or a certificate thereof shall' be delivered
to the City Finance Operations ~lanagcr concurrently with execution of this agrc~cn:cnt.
{b) ~ endorsement or a certificate thereof to the workmen's
compensation insurance policy.of Developer or said contractor (if thc Facilities
.are to be installed by said contractor) providing that the underwriter thereof
waives all right of subrogation against City by reason of any claim arising
out of or connected with installation of She Facilities shall be delivered to
City concurrently with execution of this agreement. Said endorsement shall pro-
vide that it shall not be cancelled or.altered without thirty (30) days' prior
~ritten notice to City,
7. Title to Facilities. Title to each part or portion of the
Facilities shall pass to City forthwith as eacli such part of portion thereof
shall be installed regardless of whether the same shall be installed by Developer
or ~aid contractor and regardless of whether the s~e shall be attached to the
bal~ce of City's system~ provided, however, that such passage of title shall
under no circumstances be deemed ,to constitute acceptance by City of the Facilities
a~ being in,tailed in accord~ce with said specifications., Exhibit "B" hereto.
Such accept~c~ may only be effected by appropriate written notice from City
to Developer. Developer warrants that upon such passage of title, the title
shall be free ~d clear of and from any ~d all liens, Charges and encumbrances
whatsoever..
streets whose grades have not been brought to those established by public
autl,.ority prior to acceptance by City, Developer, upon written notice l:'v Cit:.,,
shall deposit with' Cit)' forthwith the estimated cost, ag.determined by City,
of relocating, raising or lo;:,eri'n,2 the Facilities, which deposit shal] be.m:~de
with.in tl:e (10) da)' after city' has ascertained such actual cost. 'The net
deposit representing actual cost shall not be subject to refund. City shall
refund the entire deposit relating to such proposed relocations, raising or
'lowering when appropriate auth6rity determines that such displacements are
not required.
9. Develope'~"s_ Bon~. Concurrently. with execution of this agree-
ment Developer shall deliver to City a surety bond in the aggregate amount of
$ , (to be determined at tl~e time of blainline installation)
in form satisfactory to City, issued by a bonding company approved in writing
by City which is qualified to do and doing business in the State of California
quaranteeing unto City (a) the performance by Applicant and said contractor
of all the obligations contracted to be performed hereunder, (b) installation
of the Facilities in accordance with the provisions hereof, (c) vesting in
City of title to the Facilities in accordance with the provisions hereof,
(d) reimbursement of the cost to City of all replacements and repairs to the
Facilities made necessary within one (1) year from completion Of installation
thereof~by reason of defective materials or workmanship, and (e) payment in
full by Developer or said contractor of th.e claims of.all persons performing
labor upon or furnishing material or power to be used in the Facilities.
10. City's Right to Offset. In the event Developer shall become
entitled to a refund under the provisions of paragraph 8 of this agreement,
City shall have the right at such time to offset: against the amount then due
Developer hereunder the' total amount of any indebtedness then due or owing by
Developer to City. ,
11. Non-Construction of Facilities.. Notwith$.tandinq any other-
.provisions of this agreement, should the water distribution system to be con-
-6. '
structed anti acquired by the. City, which system is to be knmtn as the Fairhavcn
Division of the City of Bakersfield ~.lunicipal Water oyst~m, not be complete3, so
as to make performance hereunder by tl-~e city impracticable, the. City'S res~o~:si-
bility and liability pursuant to this aereement sha].l be limited to a refund of
any monies or release, of an:.' bonds theretofore provided the City by the Dcvelol.~er,
less such expenses as thc.
t.~.~; may have in good faith incurred in prei)ari~u~ to
perform under this agreement. The Dev.eioper ex. pressly accel)tS responsib.ility for
providing Domestic and Fire Protection Water to any parcels sold by the Developer
to any third party in the event the City's performance of thiz agreement becon:es
impracticable under the terms of thio paragraph.
12. Notices. An)' notice which it is herein provided may or simll be
given by either part)' to the 'other shall be deemed to have been duly given when
deposited in the United States mail, registered.or certified, postage prepaid
and addressed to the party to whom such notice i§ given at the following respec-
tive addresses:
To Applicant: Lunn' Production Service
P.O. 'Box 10378
Santa Ana, CA 92711
To City: City of Bakersfield
'City Hall
Attn: Domestic Water Superintendent
1SO1 Truxtun Avenue
Bakersfield, CA 93301
Either party, by notice given as hereinbefore.provided, maYchange
the address to which notice shall thereafter be addressed. ~
15. Successors and Assigns. The provisions of this agreement shall
inure to the benefit of and shall bind the r~spective heirs, executors, admin-
istrators, successors and assigns of the parties hereto.
14. Jurisdiction of City.. This agreement, except for refund pro-
visions, shall at ali times be subject to such'changes.or modifications by the
City of Bakersfield as said City ma>'. from tine to time direct in the exercise
of its jurisdiction. :
~ IN WITItNESS WIIER[OI:, l;ffe parCie.s hereto have. executed Chis
A~reement in duplicate the day an~ year first-above written.
, . CITY 07 [~AKEP. SFIELD
MAYOR
Cll'Y I:I.:]RK
APPROVED AS TO FORM'
CITY Ai'TORNEY"
DIRECTOR OF PUBLIC WORKS
COUNTERS I GNED:
ASS ISI'ANT CITY HANAGER-FINANCE
DEVELOPER
LUNN PRODUCTION SERVICE
Tim 'R.' McPherson
DJ
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"'" ' ~qSES.,~;,S HAP NO. 332-23.
· CITY O F BAKERS FIELD
.. · SPECIFiCATIOHS FOR WATER M, AII'I EXTENSIONS
I. EX-GAVA.TION. TRENCHING.AND BACKFILLING FOR WATER LINES
A.., SCOI~E '
This section covers the furnishing of labor and equipment for excavation, ~renching, backfilling and all other
earthwork operations ,req~lired to complete the installation of w&ter lines and appurtenances, as indicated on the
drawings and herein specified
B. EXCAVATION AND TRENCHING
a. General. Excavation and trenching shall include the removal of all water and all'materials or obstructions of any
nature that interfere with the execution of the work. Unless otherwise indicated on the drawings, excavation for
the construction of pipe hnes shall be open trench. Sides of trenches shall be as nearly vertical as pracfic~.ole.
The Contractor may use tunnelir~g where open trench excavation is indicated on the drawings, onb' after wr:t:er~
permission has been obtained from the Engineer.
b. Width of Trench. The width of trench for all pipe shall provide a minimum of 6 inches clear between the outer
surface of tho pipe and the side of the excavation, except pipe 6 inches or smaller in diameter snail h~ve a
minimum trench width of 18 inches.
c. Depth of Trench. The trench shall be of sufficient depth to provide for an earth cover of one foot over temoorary
transmission lines. Depth of cover for permanent transmission lines shall be as indicated on the drawings, but
not less than 3 feet.
d. Trench Bottom. The trench shall be excavated to a flat botiom, cut true and even to the indicated grade. Where
rock or other hard substances are present on the trench bottom they shall be removed to a depth of 6 inches
deeper than the indicated trench bottom and refilled with well-tamped granular earth, fine gravel or coarse sand.
Any uneven areas in the trench bottom shall be shaved off or filled in w;th well:tamped material as spec!fieo.
Recheck after filling. Whenever wet or otherwise unstable soil that is incapable of prooert¥~ supporting ti".e p'pe.
as de(ermined by the Engineer. is encountered in the bottom of the trench, such soil shall be removed to tt',e
depth required and the trench backfilled to the proper grade with suitable material as specified.
'C. TUNNELING
When tunneling is permitted, the Contractor shall obtain written aporoval from the Engineer of the proposed method
of support and backfill of the tunnel. Clearances'around the pipe shall be such that backfill can be &deouate~y
Compacted by.means that will assure a compaction equal to the undisturbed contiguous material. The Contractor.
shall.be responsible for the adequacy of the 'tunnel supports, for any ground subsidence resulting from tunnedng
operations, and for the method ¢ excavation and control of water. Should the excavation resui,, in any ','o~cs outsice
the permanent tunnel support, such voids shall be immediately filled with a 1 to 5 cement and sand grout forced in
under pressure, or by another methcd approved by the Engineer.
D. BRACING EXCAVATION
Excavation shall be supported in conformance with the rules, orders, and regulations of the Industrial Accident
Commission and the Public Utilities Commission, of the State of California. Sheet piling and other timbers snail be
drawn in a manner that will prevent caving of the walls of the excavation or other Icad on the pipe or conduit.
E. CONTROL OF WATER
The trench and other excavation shall be kept entirely free of water while pipe is being placed and until the joints have
been made and approved. The Contractor shall have on hand at all times sufficient pumping equipment to prcvide for
ordinary emergencies. Water shall be disposed of in such a manner as will not cause injury to public-or prwate
property, nor create a public nuisance.
F. BACKFILLII~G
a. General. Materials for backfilling shall be approved granular material obtained from the excavation, unless
imported' material is provided for elsewhere in the contract documents. No material of a perishable, spongy or
o~erwise unstable nature shall be used as backfill. Sheeting and shoring shall be completely withdrawn unless
permission has been obtained from the Engineer to leave certain portions in place.
b. Trench Backfill. Backfilling of pipe trenches shall commence immediately after the pipe joints have been
approved to, preclude damage to the' installed pipe. backfill around pipe shall be carefully placed so as not to
d.,~.p..j.~c.e.or damage ,'.pe p~pc...::~'-.d ~na.~ ~e carr:e': .;c s'y~..m.e.'.r~c~'.!y on each s~de of
t~":fd¢:'of... . the pipe. The mater:al for th:s purpose shall ce ~,=ond or se!ected granuiar mater~al ,~'~,.,,~, ~s ',r_=¢'_ :rom,
--- rocks and lumps. The material shall be carefully compacted under and around the pipe.
The remaining trench depth shall be backfilled to the surface of the subgrade with approved granular material
that is free from rocks and lumps exceeding 3 inches in any dimension. Material shall be placed m separate
layers of approximately 8 ;riches loose depth and each layer shall be thoroughly compacted to 90 percent
.'"-a:d.m u m
c. Tunnel Backfill. Contint,,c. us hmne s sha!l be ccmp!etely backfllled as soon as the water pipe is la!d and !he
~ . · material ha~ properly set. Ai,-b!e,z,n methods may be used for backf:ilir~g provided p,-eper comsact:om of the
materia: Is obtair, ed, in ~he opinion of tho Enc].ineer..Otl~erwise, backfiil material sha!; ce placed and
rammed w~tti approved pneum.'~tic and(or ha~d tools until the necessary compac[ion has been obta~ne,:i, in
either,c=~se, the backfill at ends c.f tunnel shall De see;ed wi[h a mixture of sa.nd a~;d portland cement. 4 inches or
~ grea. ter in thickness.
G. CQMPACTION
The relative compaction of all backfill will be determined by Method A (5 layer method) as set for:h in ASTM
Designation D 1557.
Compaction shall be a~con~plished by & combination of tampers. '" -
,o,,er° and heavy construction equipment
acceptable to the Emgmeer. Hand tampers, if used. shall weigh not less than 50 pounds and shall have a face are~ of
not more than 100 square inches. Mechanical tampers shall ~e of approved standard manufacture.
II. MATERIALS FOP, WATER LINE CONSTRUCTION
A. SCOPE
This section covers water line materials which .shall be furmshed by the contractor, and shall include ail incidental
materials noted on the drawings and necessary for the proper mstaqation of the water line systems, except for such
materials as are spec~fted to be Owner-furnished in the SPECIAL CONDITIONS.
B. AsBESTOS-CEMENT PIPE AND FITTINGS
a. Pipe and s!eeves shall conform to AWWA Specification C 400. Class 150, unless otherwise noted or~ the
drawings. C!ass 150. 3-inch pipe will be acceptable. Each standard, randc.m, or short leno*,h of ~i~e
asbestos-cement sleeve sh~ll t:,e tested as specified m AWWA Speofication C 400. Evidence ~t~a.t pipe and
sleeves have successfully passed said test shall be submitted to the Engineer if requested.
b. Rubber Ring Couplings shall be "Fluid-Tire" as manufactured by Keasbey & Mattison Company Or "Ring-Tire"
as manufactured by Johns-Manville Company, or equal.
c. Specials and fittings shall be cast-iron conforming to AWWA Specification C 100, Class D, except that fitdnos
shall have all bell connections of standard AWWA dimensions or special dimensions as required, or fitt;.qgs s,",a!l
be equipped wi~h adapters of the proper class for the size of pipe, as recommended by the pipe rnanuf&c~urer,
or equal.
C. STEEL PIPE AND FITTINGS
a.. PIPE shall be black steel conforming to AWWA Specification C-202, and shal~ have a wail thick~ess at teast
equal to the requirements called for in General Order No. 103 of the Public Utilities Commission, Stsb3 of
California.
-(1) Temporary transmission pipe shall be double dipped with asphalt and wrapped with asbestos felt or
fiberglass in conformance w~th Appendix B of said Ge.~eral Order No. 103
(2)' Permanent transmission, pipe snail be lined and coated with cement mortar in accordance with Federal
Specification WW-P-00385.
(3) Small size pipe for biowoff piping and similar uses shall be galvanized steel conforming to ASTM'
Designation A- 120.
b. Specials and fittings for pipes 4 inches and larger in diameter shall be of the same material and thickness as the
pipe. Specials and fittings shall be made of standard steel tube turns with ends to accommodate the t. ype of
coupling specified for the pipe. Fittings shall be lined, coated and wrapped as specified for the pipe. S0ec;ais
and fittings that cannot be mechanically lined, coated and wrapped, snail be lined, coaled and wrapped oy
hand, using the same materials as specified for the pipe, with the same number of applications of each ma,'.er~al.
carefully and smoothly appiieo. Cast-iron spec~ais and fittings conforming to these specifications may be used
with transition fittings or adapters.
c. Steel welding fittings shall conform to the requlrements of ASTM Designation A 234.
'd. STEEL PIPE FLANGES shall conform to the requirements of AWWA Specification C 207.
e. Bolts. Material for bolts shall, conform to the requirements for open hearth, free cutting grade bar steel, ASTM
Designation: A 107. Bolts shall have a minimum tensile strength of 60,000 psi. Bolt heads shall be either square
or'hexagon'and nuts 'shall be cold pressured semi-finished hexagon.
f: Gaskets. Flanged joints shall be provided with 1/16th-inch thick gaskets, Cranite, or equal.
D. VICTAULIC COUPLINGS ..
When V~c~q,JI;c os,,F,i?~:;:~ ~re m, _¢.ic.~t,sd on the d,"3,.':in0s. Styi~ 77 V~cta,jlic cou0~ir, gs, or an approve~'equal, shal; be
iurr, ished. The wctaui~c co~,phng Shah oe des:.,'gr;e.~ for i50 psi, working pressure.
'E.' ,~LEEVE-TYPE' COUPLINGS
Sleeve-type couplings shall be Si'yle 38 Dresser or Smith-Blair adapter couplings, or approved equal, and shall be of
· steel with steel bo~ts, without centering ring, and shall be in sizes to fit the pipe and fittings shown on the drawings.
The middle ring shall be not less than % of an inch ~n thickness:
, F, VALVES
a. G3te valves sha~ be desiened'~or a minimum waterworklng pressure of 150 pounds per square in:;n. Vatves
shal~ have b~.:il or spigot ends, ,hr screwed, flan~ed; or ring-tire joints as redu;red for the P~!')~n9 in WhiCh they ar(;
instatledl Gate valves shall ha,;e a clear waterway equal to the full nora;nat diameter'of the valve, and s!'..a'i be
~' opened hy turning counter o~ockw~se.'The or:,erating 0u.'. or wheel shall have an arrow cast ~n the
indieating the direction of Opening.
" Each valve shall ha~e the maker's initials, pressure rating and year of manufacture cast on the 15ody. Prior to
shipment from tho factory, each valve shall be tested at a hydraulic pressure equal to twice the specified water
working pressure.
(1) Valves 2-incl'ies and larger shall be.iron-body, bronze-mounted and shall conform to the requirements
of AWWA. C-500.
(2) Valves smaller than 2-inches shall, conform to the requirements of' Federal Specification WW-V-54.
b. Vacuum relief valves shall be equal to No. 31 automatic diaphragm valve as manufactured by CLA-VAL
CO., Newport Beach, Cahfornia. or equal.
G. FIRE HYDRANTS
Fire hydrants shall be No. A-24009, cornplete with proper length bury, as manufactured by Muel',er Co., except
where Angle Fire Plug is shown it s~all be No. J-344 as manufactured by Jones Co. Hose threads sba;! be Na~io,nat
Standard Hose Threaos.
H. VALVE BOXES
Valve boxes behind sidewal.k may be of. 6" AC Pipe or shall be et standard manufacture approved by the Engineer.
All' welds and cut edges shall be ground smooth and clearance between matching edges shall be umform. Cc','~.r
shall be cast-iron and snatl have the 'Nord "Water" cast on the top. Valve boxes s;",3il be asphalt d~p coated. In e,;oas
subject to traffic, boxes shall include a Class "B". concrete pad as shown on the drawings.
I. SERVICE CONNECTIONS
Service Connections shall be installed to each and every parcel of required size to meet the volume required by
· type of business but will' be %-inch or larger.
III. 'iNSTALLATION OF ASBESTOS-CEMENT PIPE
A. SCOPE
This section covers the installation of asbestos-cement pipe w~th couplings andca_-~-,ron:"; fittir~gs as sho,^m
drawings and herein specified. Pipe. couplings, fittings and other materials shall be as spec:fled in the .... '
MATERIALS FQR WATER LINE CONSTRUCTION, unIess otherwise noted on the drawings or in the SPECIAL
CONDITIONS.
B. LAYING PIPE
a. Before insta!!ation the pipe and couplings shall be inspected for defects prior to lowering in~o the trench. Cas',-
iron fittings shall be respected for defects and whde suspended above grade shall be rung w~th a light hammer
tO detect cracks. The defec.:ive materials shall be promptly replaced by the Contractor with acceptable r~,ew
materials meeting the requirements of these specifications.
b. Suitable implements, tools and equipment satisfactory to the Engineer shall be provided and used by the
Contractor for the safe and convenient prosecution of the work. All pipe, fittings, valves and hydrants shad be.
carefully lowered into the.trench piece by piece by means of a derrick or other suitabie equipment. Shngs or
ropes shall support the pipe and fittings during lowering ~ri such a manner as to proven! damage to wa;.er main
materials. Under no circumstances shall pipe or accessories be dropped or dumped rote the trenches.
C. Every precaution shall be taken to prevent foreign material from entering the pipe while it is being installed. If
the pipe-laying crew cannot pu~. the p~pe into the trench and in place without getting eart.t thio it, the Engineer
may require that before lowering the p~pe into the trench, a heavv, tightly woven canvas bag of correct size shall
be placed over each end and left there until the connection is ready to be made to adjacent pipe. During laying
op?ations no debris, tools; clothing or materials shall be placed in the pipe.
d. Prior to installation of the pipe the trench bottom shall be shaped to grade as specified in the EXCAVATION,
TRENCHING, AND BACKFILLING section. The trench shall be smooth so as to give bearing to the complete
length of pipe except at the couplings, where the trench bottom shall be excavated two (2) inches below the
bottom of couplings so that the oioe is not suooor~ed by. the cou0!ings. Templates. th.e length of the pipe. may
be used in order to trim r = .'
.r~; h"e~Cn r}.ot'O,,~F:, [0 ~,~,e "~r?,~,~r C,,,~,.~.
e- Cement-asbestos pipe joints shall be sealed with a coupling consisting of an asbestos-cement sleeve and riel
less than two rubber rings. The machined ends of the pipe to be jointed, the inside of the sleeve, and the rubber
rings shall be wiped clean immediately before lubricating for installation. Lubricant shall be applied to lhe
entire circumference of the pipe ends back to the stoo shoulder: this includes the nose, taper and ma':hined
surface. The entire surface of each rubber ".nc] shall be !ubr~cated be, for,=,~ .~ insertina_ the rrna into '~e..
..groove: The assembly el .the pipe and codpl:,r~g shali be made as recornmendea by the r~,.n-, m;:~n,.;~="'
~ha,,
~ , This - "be accomphshed ~n such a manner tl~at the resultin.q position of the sleeve ~s cemerec ore; mc ..... -,-,
e, nds. I'be method of asserT'h_.,lv shall be ap, proved by the Engineer. Pise shall no; be .""~'"',-.',
O.,~' horizontally in excess ct the ratio recommended by the manufacturer of the ~,oupiin9.
f. When pipe laying is not in progi'ess, the o.c, cn ends of t'he pipe shall be ciosed with tight-lift:c.c., wood r.:. :.,cs or '.,.'
~thor approved means. Adequat? backfi~l shall be placed on the piugged empty pipe ,'.o prevent f',oa,.'.m9, ,\r',v
pipe that has floated shall be removed from the ~ench and sha!i be relaid as di:ected by the ~ ..... ;" '
shal! be laid in water or when trench conditions are unsuitable in the opinion of the Engineer.
6. ,,IOINTING PIPE TO'CAST-IRON FITTINGS
a. Each cast-iron valve, hydrator, or f;ttm¢, ,,',,hen connected to asbestos-cement pipe. shall be co_, ;'o~}¢d
bell having an inside diameter sufficient ~o receive the asbestos-cement pice~,",n'-'.,, crevice a.. c~.-tlk .~ ,3
between the pipe and bell of at I .,-.~s, ~ .,-inch for the. full circumference of ,h~ p;!;e. O,, .er ..... ~.,~...'-',~ sr.~':.~ h..,.-, .-..
bell profile such that a seal can be made with a rubber ring between the machined pipe end and the oeiiu," trio '
fitting. ·
b. When the seal between the pipe end and the bell of the fitting iS made with a rigld joint:ng ---, ~'
the pipe eqtering the bell of a fitting' shal! not exceed 3 feet 3 inches, in pipe sizes 6 roches arYx: !e.~s ,;: d,
In pipe sizes 9 inch'es and more in diameter, the length of pipe shall not bxceed 6 feet 6 mc,,'-~es. Who," .'~
ring-type cast-iron fitting is u~,eo to make the joint, lengths of p~pe up to a full 13 feet may be used fo:: er:term@
bells of fittings.
¢. Pipe entering or passing through rigid structures such as concrete vaults or bufidinc fOL;sdat;cr~$ ShF'? .'"Ct
a length extending more than 3 feet 3 inches beyond the face of that structure when the DIE,3 s,£9 !.~'} 6 ~,,~ .E.-._', or
less in diameter, not more than 6 feet 6 inches when the pipe size is 8 inches ant la~cj,sr ir'
d. The cutting of pipe for inserting into be',',s of valves and fittings, or for closures, shall be do:-e ir: a ,'-,est
workmanlike manner without damage to t~,e pipe. and in accordance w~th the --'*" ¢',~',~. -',-'*
e. Before installing the valves, hydrants or fittings, all lumps, blisters, and excess coa:-tar coating she!! be
removed from the' bell and spigot ends. The outside of the spigot and the ir:side pi the L~el; shall be '.'.."re-
brushed and wiped clean and dry. Ends shall be kept clean until joints are made.
.- f. Rubber rings for ring-type cast-iron fittir}.,gs shall be of the same composition as of the rubber fmcs; ......
asbestos-cement couplings. Rings shaii be installed in accordance wilh the pipe manuiact,.,rer's
recommendations.
IV. INSTALLATION OF VALVES AND HYDRANTS
A. SCOPE
This section covers the installation of valves and hydrants as shown on the drawings and heroin sr, ec:f:,ed.
hydrants, and other materiaiS shall conform to the requirements of MATERIALS FOR WATER L:;.:F_.~
CONSTRUCTION section, unless otherwise noted on the drawings or in the SPECIAL CONDITIONS.
B. AIR AND VACUUM RELIEF VALVE INSTALLATIONS
a. Air and vacuum relief valves shait be installed as shown on the drawings.
b. The gate valve immediately below the relief valve'shall be set to'the grade indicated on the dra'.',',ngs or
instaha,.,on
approved by the Engineer. Sufficient clearance shall be provided below the valve for the '-'; of
concrete pad to support a protective enclosure.
O. SETTING VALVES AND VALVE BOXES
Valves shall be set truly plumb with valve boxes directly over the wrench nut of the valve. The va!ye box shai;
transmit shock or stress to the verve. After being correctly positioned for tine and grade, earth fill sha~l be care[u;~y-
tamped around the valve box.
D. SETTING HYDRANTS AND ANGLE FIRE PLUGS
a. All hydrants shall stand plumb and shall have their nozzles parallel with or at right angles to the curb, with the
p~umper nozzle facing the-curb, except that hydrants having two hose nozzles 90 degrees apart shall be se[ ,vith
each nozzle facing the curb at an angle of 45 degrees. Hydrants shall be set to the esta~blished grade except
that where not shown, nozzles shall be at least 18 inches above ground.
b. Unless otherwise noted on the drawings or directed, each hydrant sha!l be connected to the main with a 6-inch
· - branch line controlled by an independent 6-inch gate valve.
o The bowl of each hy~,=nt shall e,=, ;,;e;l '-' .... '" against undisturbed earth at the end of the trench"
backing.
d.' Each angle fire plug shall be connected to the main with a 4-inch branch line controiled by an indeeendent 4-
inch gate valve· Angle fire plug sha!l be set with the 2!.iz-inch outlet facing the curb and Sha~I be s.st .'.o
established grade except, that where not shown, nozzles shall be at least 18 inche~ aho,m
V. .MISCELLANEOUS CONCRETE
.~ ., - ' A. 'PORT~AND CS. MENT'CONCRETE
a. M~(edals for co~,cro[e ~ "'
, . ,,n,.,t be 0or[tend cement conforming, to ASTM, Type I or Type II; well-graded, sound.
nor~-reactive aggregate; an'J clean water.
'~ D.. Class 'B' Concrete shall be used. umemforced concrete including thrust blocks, and other work as
'~ Class 'B' concrete shalI contain 5 sacks (470 pounds) of cement per cubic yard. The concrete s~all nave a
~. compressive strength of not leis than 2000 psi at 28, days. The total water content shall be limited to tP.e
minimum quantity required Io produce a smooth work3b!e concrete of as stiff a consistency as practicable, and
not over 6.5 9al~,ons per sack of cement.
13. CONCRETE THRUST BL(~CKS
All plugs caps and fitt~r, gs as ir,'dicated shall be provided w~th suitable concrete thrust blocks. The concrer, e sh~l! be
placed hotween sohd ground~,,,,.,~""~ the fitting to be anchored, and the area of bearing surface on the groun,2 shaq
. as indicated on the drawings or approved by the Engineer. The concrete shall be so.p!aced that the pipe and fitting
joints will be accessible for repair.
VI. TESTING AND D.ISINFECTING
A. TESTING
Immediately after the water liqe is completed, the Contractor shall test the water line for leakage in accordance with
the applicable portions of AWWA Specification C 6C0 and in the presence of the Engineer. Any pipe or f,ttin:js tha!
fail to pass tt~e maximum a!lo¢,'at;ie ~eakage requirements snr~l! be removed and replaced with new mater;a',s at the
expense of the Contractor. The 'ines shall be tested to a pressure equal to the working pressure plus 50 psi. The
Cor~tractor shall provide all labor and materiais required for the test.
B. DISINFECTING OF LINES
a.. Procedure. TI~e work shall be accomplished by the Contractor, after all pressure and leakage tests are
completed, in accordance with AWWA Specification C 601. The disinfecting agent shall be tiqu~d chlorine
through a mixing equiomen[ which gasifies and dissolves the chlorine in water in strong solution ar',d d6hv.~rs
the solut!on immediately rotc the pipe line being treated. The work shatl be supervised by a compete,'fi, t
exper.~enced in the process, who shali use an approved chlorine test compamtor wi',.h st,~.ndc..'dized
orthototidene solution for making the tests. The' Contractor shall furnish all necessary wa[er, chemicals,
equipment arid personnel.
b. Application. The rate of applications shall produce a solution Of at least 50 parts per million by we!ght in.
samples taken from the portion of the main most distant from the ooint of application ar, d from the end of
branch. After completion of [t';e application, the pipe lines shall remain closed for 24 hours. Samples sha~i then*.
be taken at the same points as before and shall show not !ess than 10 parts per million avadable ch;ortho by
weight: failing which, additional disinfection shall be effected as directed.
Chlorine shall be added to the new line at the upper end. If the chlorine residual drops below 50 parts Per.:
million in any portion of. the line, additional chlorine shall be added in that vicinity.
c. Flushing. After the 24-hour sterilization period the line shall be thoroughly flushed to remove ali strongly,"
chlorinated water until samples taken at various points as directed test not in excess of 1 part per million. For
the protection of property during flushing, the Engineer may require the Contractor to use hoses or p~pe to
conduct the waste water to locations where no damage will result.
Care shall-be'taken to prevent strong chlorine sol'ution in the line being treated from flowing back into the
existing system.
During the process of chlorinating the pipeline, all valves and other devices shal! be operated while the pipeline
is filled with the heavily chlorinated water.
." A G R E 1; ~'I J! N T
'fills A(;l~;(l?,ll.?:,i')~ made :~.?ld entered .into t'hJ.s .
,'ltl .......... , L,' and between the person or pc~csons
in p:~ragraph 1 'nereof~'' l~cF~;k]la{'t,er collectiv, c.t)-FcSer.rc.d to a~;
aild C]Ti' .OF' bt,.},l:l,..,l ~[iU), u municipal cOrp~w:;t:ton here.i, nTf~ter
as "Cit)''~.
IglIL:REAS; Tko Developer is dcvcl0pJ, ng that cc:train subdj, v:i.~Stm
of real property, situate',, lying ami being in the County of. Kern, Stp. to of
Ca].iforn'[a, Whicl~ is known as ~~Parcel Map 5726 located
within the East half of. the Southeast quarter of Section 22, Township 295.,
'Range 27E., containing seventy-five (75) acres more or less 5_n accordar~ce
~ith Kern County Ass'essor's parcel number __N/A ; or tke map tlxereof
filed in the Office of the County Recorder of said Count)' on tim
day of , in Volume of blaps at Pa:~e
.and , and wMch is hereinafter referred to as the "Subdivision"
and
WHEREAS, Deveioper is now sellin'g or proposes in the near future
to ~sell lots or develop in the subdivision and/or Parcel ~lap and to this end
desires to have water service available in the subdivision and/or Parcel Map
througk and by means of mains and appurtenances, and by services (including
service pipes, fittings, gates and housings thereof and meter boxes), herein-
after referred to as the "FaciJ. il:ies," to be :i.nstalled therein substanti:~li>.'
as shown on that certain map prepared
Developer attached hereto, marked Exhibit "A" and by this reference recycle a
pai't hci'coi'S and
I~:IIEREAS, thc illstallarion of the Facilities and f,l~nishing of
Water service by means thereof a~'e necessary and valuable adjourn.ts
sale of-lots in the Subdivision, and will materially increase II,e value of
said lots; and
I~}IEREAS, upon the temns and Conditions. hcycin set ~'vrth, Dev-
eloper is will' ,, -- '
111~, tO install the Faci. ii[ics, .or cau~;e the sa~:x~
at its own expense, all in accordance with the provisions hcr,'inaftcr set
forth; and
I~]IEREAS, City is in the process of constructing
a water system to be known as the Fairhaven Division of the [:itv of gakcrsfi, c!d
Municipal Water Sygtem, which can proyide both Domestic and I,~ ,'e Protection
Water.
NOW, THEREFORE,' for and in considerati.on of the pv,.~:~iscs and of
the mutual covenants, agreements, terms and provisions herci, n
is'agreed as follows, to wit:
1, De~el_qper~ The names, addresses and descript-i,,:,,s of the person
or persons herein collectively referred to as "[)eveloper" ave
N&',IE ADDRESS DE SC}.), l w - ,-, ,'
TENNECO REALTY DEVELOPS. lENT P.O. BOX 9380
CORPORATION BAKERSFIELD, CA 93589
2. Upon.and subject to the terms and conditions lwreinafter set
forth,.Cit7 agrees to include developers subdivisions within the service area
of the Fairhaven Division of the City of Bakersfield blunicipal. IVater System, and
to provide Domestic Water and Fire Protection service under the prevailing water
rate which may be changed from time to time as the CitZ. sees fit,
~ 5. Thc Ik':vclopcr herein a!;rce.~; to depo:;Jt with City a
· _'J 500 00) vcre, wh[,.:'h vmomt'; to $11~,500
fee of l"i.['tcc'll lltllldrcd I/o][ars (~ .~ .... ._=: pcr
more or less for the devclop.or~: z~d~d}vi:;5.~'~: ~,f seventy-five (75)~:c:'ez ::..:.:.
!ess. Said deposit' to i<. I{~:It~<' W]l:h.i. ll :4i.>'a)' ;"':0) r~:'~,':; "~l" '~./...
4 lln, i ~cCl'il3' 1: ~,] [;l:;Pct't'.i,~15 }:::':'. (]Jt.','~:; 203C rci'~i'.i,..2:
i:nSl-."c t
.I.S~.I~,, tllld i iq< .i iiSL :.: I i il ~' i.~"'t o ~: r :ir, 1' aC.i. I ' *":" '
Superv' '; ' '~ ,
_ o~ dcrcr;nined at tim Lii~Ic ol.' ).i,li. illillO i:tSiill} [aCic, r:) OF ~'Otil' i~c:'cc::lU
Facili~i.c,s, City w:il'~ co~noct, o~' cat~:~a to bo corn:cereal, the $~-.i::[.. 17;
~It~.I lll3i. IlS f*lld sul):ni.t, a ',-;t:~tC:li!Clit. 017 t'h(: cost t.l~O~'C,gi5 to OuVc~Ol,C:',
Developer,,q~c,,o°d ..... . to l~av. . ,promptly to CJtw,.
5. Installation ot: '"~ ' ' .
~.,.ci 1
(a)- l)evelopei' agrees to 5ns~a!l tile }':acil.iti. cs, or
same to bc installed, at irs own cxpcn:;c on or bct'o~:c December 31 ,
19 82 Thc Facili. t';es >h,~:l bo install'' .
__ .. .,.~ si'.rict!v in accd, rda:icc
spccz~z~.a~lons, attac, hcd ~ ,,r., ,...,,~...~.~ and b), this rere:'encc made ;~.
part hereof, aad thc Jn:;~a/latJon thereof shall be subject to the api):'Ov:t: of
City in ail re~pects. Tho Fhci!ities s!tall bo inst:ailed by Developer or
contractor, herein:tftcr "' ...... ' '' .
lC~cI:.CC~ tO :iS ~'Si!.l.~ COllEr[tctor,~ selected by
(b) Installation of tim Facilities shall be , ~' '-
saoje,r to the
ir~spcction :;ltd af:l;rovai .t~ all
(c} Title to the I':aciliz:i. es shall vezt in City in accordance
with the provisions of paragraph 7 hereof'.
(d) Developer agrees to rei.mburse City upon demand for the
cost to City of all replacements and repairs to the Facilities made necessary
,ithin one year from 'completion of installation thereof by reason of defective
;:::~icrials or ;vorkmanship. Ci.ty's acceptance of the Facilities, as provided
"~'in pr, iragraph 7 hcr,:'of, shall undc, r no circumstances be deemed to constit'c~tc
'proval of such materials and ~'orkmansll.i.p for purposes of the prc:cedifi"
(c) The [)cve.tolmr agrees to provide t~[iJit)' caSeh:cnts ftJr
%~z)tc{' mi~i]ls'r~lld ol.hcr fa,;ili, tics rcqu.ircd i'm-,'su;mt to thc tcrms of tills agree-
mcnt. These c~sc~:tcnts sh::.ll be gr:tni, cd to rlte City l~or t?,c oi'~.~z'atioi1 ....
6. I ml{~nmi, tv ~
(a) City shall not be responsible or held liable in an7 manner
~hatso,~ver for any i. nj~,)'y or da~al;e t,'hich ~:my be done to any Fcrson or FrCl~c. rry
jn the course of i. nstallaticn of the facilities by or on bchaif of Developer or
~hi. ch l:~i:>' result from such installation, and Developer agrees to index:roi, fy
and hold /roe, safe and harmle'ss of, from and against any and all liabiiir7 for
the dea'~h of, or in. jury tO, any person and for the loss of, or dm:mae to, any
propert7 ~'hich may result fron~ such installation, and Developer further agrees
to rein~burse City upon demand for ali costs and expenses ~,'hich City mty incur
in resisting any claim ~hich may be made against City for any such injury
dmnage to an7 person or property Developer expressly agrees that the aore~-
merits contained i.n ~his paragraph shall survive the'perfornance of the
of this agreement and shall remain in full force a~d effect not~.:itlistanding suc~
performance.. Developer further agrees th.~t during the period beginning
{~'e con~n:ence~nent of construction of ttie Facilities and ter;ninating upon final
acceptance of the same b~ City, the follo~,'ing insurance"~v~ll be maintained
full force and effect b7 Developer of said contractor (if the Facilities are to
be installed b7 said contractor) ~'ithout cost or expense to CitY: [i) Bodily
~jur7 liabilit7 insurace ~ith limits o~ not less than Three Hundred Thous~d
Dollars [$300,000.00) per person and Five Hundred Thousand Dollars
per occurrence and (ii) property damage insurance ~ith a limit of not less than
~e Hundred Thousand Dollars [$100,000.00) per' a'tcident, insuring City again:-t
~7 ~d all liabiiit7 for the death of or injury .to any person-and for the loss
of or d~age to an7 property, ~espectivel),, ~hich ma7 arise b7 reason of acts
-4-
~lonc or omitted to be done in the course of installation of tile Fa~'~l'~"t-~--]--~-~ .........
~hich ~my result from such i.nstallation.,~, m;d further insuring City at;ainst all
cost~ an,; C~l~Cnscs il!curre~l b7' Ci. t7 in rcsist:.ng any claim ~hich ~:'ay be m:.d,~
agai. nsr Cit7 for an)'.such in jut7 or daamgc to any pearson or pr.~pert?. ~aci~
such polic7~ (A) Shrill be issued b7 an insurance company al, proved in wri. r~ng
by Cit,, ,,,hi. ch i's qualifi,xl to do and doing l>usine$s in the Stat~ of Ca!ifc, mx~
(g) shall naae City as an additional insured, (C) shall specify that it acts
as primary insurance and that no insurance effected by City shall be callcd.
upon ~o cover a loss uhder the policy so proc'ured by Developer, (~) simll
provide that the policy shall not b.e cancelled or altered without thirty (30)
days~ prio{ '~,'ritten notice to Cit/ and (E) shall, other,'ise be in fora satis-
factory to City. Each such po~ic7 or a certificate thereof shall be delivered
to tim City Finance Operat'ions ' ,
,lanaaer concurrently ~ith execution of this agreement.
(b) ~ endorsement or a certificate thereof to the workmen's
compensation insurance polic~ of Developer or said contractor (if the Facili. t.ies
are to be installed bM said contractor) providing that the underwriter ~hcrcof
waives all right of subrogation against City by reason of any claim arising
out of or connected uith installation of the Facilities shall be delivered to
City concurrently ~ith execution of this agreement, said endorsement shall pro-
vide that it shall not be cancel/ed or altered ~ithout thirty (30) days' prier
['ritten notice to City. '.
7. Title. to'Facilities. Title to each pa7t or portion of the
Facilities shall pass to City forthwith as each such part of portion thereof
shall be installed regardless of'whether the same shall be installed by Developer
or said contractor and regardless of ~hether the same shall be attached to the
balance of City's system, provided, ho~'ever, that such passage of title shall
under no~circumstances be deemed to constitute acceptance by City of the Facilities
as being installed in accordance .~ith said speci, fications, Exhibit "B" hereto.
Su~ acceptance may only be effected by appropriate written notice from City
to Developer. Developer warrants that upon such passage ,of title, the title
shall be-free and clear' of and from ~ny and all liens, ~charges and encumbrances
whatsoever.
.--Se
8. Street Grades. If the Facilities are installed in casemc.tts
br rights-of-WaY as to M~ich.final grades have not been established or in
street:, t.;kgsc grades have net been bro, v, hv,.._, t'o those ostrtblishod 1D'_ public
authority prJ. or to accci>t:mcc b)' City, Ih:ye]oDer; upon u'ritl, en hal icc: b:.' Ci. tv,
shall deposit ~¢.[th City forth~¢it.h thc est] :;:;, ~.co cost, as dc, rcr:nincd by City,
of ]'clo,:a~Jng rai ' *, . ......
within thc ('10) day after City has ascertained such actual cost. Thc
deposit representing actual cost shall not be subject to refund. City shall
refund the entire dcpo~i.t,~.,~"*i"v...~..,,.. to such proposed relocations, raising or
lot,'erinll when appropriate authority determines that such disp!acemcnts are
not required.
9. Develoimr's~ [k~rrS. Concurrently ~,'ith execution of this ..o.:,c .......
mcnt Developer shall doliv'er to City a surety bond in thc aggregate anount of
$~._ A-.:,J;/ , {to be determined at the time of )lainline installation)
in'f°rm satisfactory to City~ issued by a bonding company approved in writing
.by City which is qualified to do and doing business in the Stare of California
quaranteeing unto City (a) the performance by Applicant and said.' contracror
of all the obligations contracted to be performed hereunder, (b) installation
of the Facilities in accordance %~ith the provisions hereof, (c) vesting in
City of title to the ~acilities in accordance with the provisions hereof,
(d) reimbursement of the cost to City of all replacements and repairs to tho
'Facilities made necessary: within one (1) year from completion of installation
thereof by reason of defective materials or wor~anship, ~nd (e) payment in
full by Developer or said contractor of the claims of all persons perfor:ning
labor upon or furnishing material or power to be used in the Facilities.
'10. City's' R~aat to offset. In the event Developer shall become
entitled to a refund under the provisions of paragraph 8 of this agreement,
City shall have the right at such time to offset against the amount then due
Developer hereunder the' total ~ount of ~y indebtedness then due or owing by
· Developer to City, ' ,
11. Non-Construction of Facilities. Notwithstanding any other ' "'
provisions of this agreement,., should the water distribution system to be eon-
~strt,cled. . and acquired bye thc Ci. tv.., td'~i.c!~ s;'$.tem, is to I,e known as :he
.Division of the C~ty of llakcrsfield ~,lun~cJpal Water System, not be CO~:'.plcl:cd, 5o
any m:>:~i,:,3 or relt. ase 'of :my boi!ds tbepz, uo~;ore provided ti~(. (:iw by tire
perform:: u~der this agroo;::ollt. Ti~e Dcvel01>~'r exFrossly accel)ts rcspon~il~il ity for
providiuzl Do::,.cs't5. c and Fire Protcct, 5on l':ater to any parcels sold by the Developer
to ~,y t}ti.r(l i.argy in' t-he event the City's l:erfo:'a:ance of this agreement
5mpracti. cab]e under the terms of 'this paragraph.
12. Not:.ccs. Ailf notice Mtich it is herein provided ll!;tf of shall
given by either party to the. other shall be deemed to have bcen duly giving'Mien
deposited in the United Sta~cs mail, registered or certified', .postage prepaid
and a,.Mrossed to the party to whom such notice is given' at th~ following rc?~c
ti. ye addresses:
To Applicant: Tenneco Realty Development Corporation
P.O. Box 9380
'Bakersfield, CA 93389
To City.: City of Bakersfield
.. 'City l[all
.. Attn.: Dom.estic Water Superifltendent
1501 l'ruxtun Avenue
Bakersfield,' CA 93301
Either party, by notice given as hereinbefore provided, may change
the address to ¥.'hich notice shall thereafter be addressed.
13. Successors and Assi~.as. The pro~isions of this agreement shall
inure to the benefit of and shall bind the respective heirs, executors, admin- ,
istrators, successors and assigns of the parties hereto.
14. Jurigdiction Of C.ity. This agreement, except for refund pro-
visions, shall at all .times be subject to such changes or modifications by the
,Jity cf P.:fi~ersficld :~ :.-.::id 'dlt~' ::::'..y fro.v, ti:nc to ti:ac direct in the cx~rcisc
of its jurisdiction.
-7-
merit i.~l duplicatc:~the day and ),car first-above written. .,
CITY OF BAKERSFIELD ......
By.
MAYOR
CITY CLERK.
APPROYED AS-TO FOP2,1:
CITY ATTOR×EY
DIRECTOR OF 'PUBLIC I~ORKS
COUNTERSIGNED: .
DEVELOPER:
ASS1ST:~;T CITY ~LkNAGER-FINANCE
"' TENNECO REALTY