HomeMy WebLinkAbout09/28/83
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AGENDA
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY t SEPTEMBER 28, 1983
12:00 P.M. .. NOON
Call meeting to order.
Roll call - Board Members: Barton, Chairman; Payne, Ratty,
Kelmar, Oberholzer
1. Approve minutes of meeting held July 27, 1983.
2. Engineering agreement between Ricks, Taylor & Meyer, Inc.
and North Kern W.S.D., City of Bakersfield and Kern Delta
W.D. .(First Point Group) for re-construction of Calloway
River Weir located 1/4 ~ile west of Chester Avenue. FOR
BOARD ACTIG.N.
3. Proposed re-organization of Agricultural and Domestic
water division of the Department of Water Resources. FOR
BOARD REVIEW and RECOMME~"DATION.
4. Closed Session - Water ~atters concerning potential litigation.
5. Public comments to the Board.
6. Staff comments.
7. Board comments.
8. Adjournment.
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WATER BOARD - CITY OF BAKERSFIELD
WEDNESDAY, JULY 27, 1983
12:00 P.M. - NOON
The meeting was called to order by Chairman ß~rton In the
Department of Water Resources Conference Room.
The secretary called the roll as follows:
Present: Barton (Chairman), Payne, Oberholzer, Ratty,
Kelmar.
The minutes from the meeting of June 1, 1983, were approved
as presented.
Seventh and Eighth Quarterly Reports on the groundwater
quality investigation of the City's "2800 Acre" recharge
area were presented to the Board for information by Mr. Core.
The item was discussed at length. Mr. Core stated in summary
that it is desirable to increase the quantity of recharge
wat~r in the.spreading works to increase the water quality
of the water in the surrounding area, and the best water to
use for that would be Kern River.
The proposed 29-year miscellaneous water sale agreement
between the City of Bakersfield and the California Living
Museum Corporation (C.A.L.M.) was presented to the Board by
Mr. Bogart. Dr. Ratty made a motion to recommend to the
Council approval of this aqreement. The motion passed.
Dr. Ratty made a motion to approve Mr. Hatch's request for
an hourly rate increase, and to refer the matter of a Dossible
~- water attorney in the Attorney's Office to the City Council's
Governmental Efficiency and Personnel Committee.. The motion
r;>assed.
Adjourned to Closed Session.
Mr. Hatch requested that the record reflect that the Water
Board took the following action to authorize the Chairman to
negotiate and enter into agreements with First Point and other
Kern River Interests authorizing cooperative actions and re- .
sponses to administrative and judicial procedures involving
Kern River adjudication.
A staff comment was ~ade by Mr. Core that an agreement has been
reached with Independent Valley Energy Company for Availability
Fees.
The meeting ~djourned at 1:43 p.m.
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(J~mes 3~ Barton, Chairman
. éity of Bakersfield Water Board
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Sharon Robison, Secretary (
City of Bakersfield Water Board!
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83- 24 \.J. 3.
AGREL.J,,1E~:'i'
FOR
ENGINEERING S~~VICES
This agreemenc:, dated S ept eï::".":' er 28 , 1983 bet"oÑeen
the' CITY OF BAKERS?IELD and NORTH ?~~N WATER STORAGE and KE&~
DELTA WATER DISTRICT, hereinafter c~lled "Owners", and RICKS,
TAYLOR & MEYER, IXC., a California. ::::rporation, hereinafter
called "Engineer".
WIT N E S ~ ::: T H:
WHEREAS, Owne!"s, claim title -~ the Calloway Ri ver ~'Ìeir.
WHEREAS, the IJwners desire tc secure engineering services for
the final design- a~d construction ~ - the Calloway River í'Ìeir,
and
WHEREAS, Engi~eer is qualifie= ~nd properly registered as 3.
civil engineer unè.e!" the laws of -., - State of California to c-::::::--
form engineering required hereunds~ jy Owner and is willing t:::
furnish and perfor~ said services ,. ~- the considerations and "':=>-:::::'
the terms and conèi~ions herein se~ .= ':) r th, and
NOW, THEREFORE, IT IS AGREED .:.; ~OLLOWS:
ARTICLE: -
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SCOP~ OF ??~~ECT
Section 1.01: l::nginee-r's EmD:"::::-:nent: Subject to the li:-:-.:'::-
ations, restrictic::.s and conditio~3 ~erein set forth, Enqinee:::- -~
employed by Owners ~o perform all ::~e engineering work and fur:--,2.s~
all the engineering services here:::.~=ter listed, which are.re-
quired to complete ::he planning, de3~gn and construction of wc::::-~s
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for the Calloway River Weir, hereinafter called "The Project".
Engineer accepts said employment and agrees to provide engineering
services as herein required in a skillful and professional manner.
Section 1.02: Commencement of Engineer Work: Owners, byex-
ecution of this agreement, authorizes and directs the immediate
commencement of the work required by Engineer hereunder.
Se.ction 1.03: Owners Committee: The Owners Committee shall
be composed of one representative acting for the North Kern W.S.D.,
City of Bakersfield and Kern Delta w.o.
ARTICLE II
DUTIES AND RESPONSIBILITIES OF ENGINEER
Section 2.01: Services to be Performed and Supplies to be
Furnished on Hourly and Fixed Rate Basis with Maximum Fee Amount:
Engineer shall perform all the following work and services and
furnish the following supplies in connection with engineering re-
quired for the planning, design and construction of the Project in
accordance with the attached hourly and fixed fee rates and char-
ges and with the maximum engineering fee limited to the amount
shown in Section 3.01.
(a) Hold conferences and obtain information and data per-
taining to all aspects of the. Project with representatives of the
Owner, property owners and Lessees involved, public ~gencies, re-
gulatory authorities and others as required to perform the re-
quired engineering for the planning, designing and construction of
.the Project;
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(b) Coordinate and assume responsibility for the preparation
and drafting of documents for complying with provisions of the
California Environmental Quality Act of 1970, as amended. The
Guidelines for Implementation of said Act, as from time to time
promulgated by the Secretary of the California Resources Agency;
(c) Prepare engineering data for all regula~ory permit ap-
plications that may be required by local, state or federal author-
ities;
(d) Prepare final engineering designs for t~e Project;
(e) Prepare construction plans and specifications and con-
tract documents, satisfactory to Owners' counsel ~d adequate for
the receipt of construction proposals;
(f) Prepare estimates of quantities and cos::s;
(g) Process plans and specifications for ap?roval as re-
quired by participating agencies;
(h) Assist Owner in securing bids, tabulativn and analysis
of bid results and in letting of contracts;
(i) Provide engineering assistance to Owners' counsel in the
preparation of legal proceedings and appearances before courts or
commissions in connection with litigation which might occur be-
tween the Owners and others;
(j) Make arrangements for ordinary surveys during both
planning and construction phases, aerial photogr~etry services
and surveys, materials testings, and soils investigation, inclu-
ding field testings; provided, however, that the laboratory or
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professional organizations to perform the work required by this
sub-paragraph, under supervision of Engineer, shall be mutually
agreed upon and se~ected by Engineer and Owners;
(k) Review laboratory and inspection reports on materials
and soils tests and correlate such reports with the intention of
the plans and specifications;
(1) Furnish general consultation and supervisory service
during construction (as used herein, the term "general consulta-
tion and supervisory service: shall mean and require Engineer to
visit the work during construction as needed to observe general
progress of the work and general adherence to plans and specifica-
tions and to consult with and advise Owners upon request whenever
there is a dispute with a contractor or where there is necessity
for interpretation of plans and specifications, ;'general consul-
tation and supervisory service" shall not mean or include the work
of construction staking or the work required of a resident eng-
ineering staff or of inspection during construction);
(m) Certify to Owners all progress payments to contractors;
(n) Until completion of the Project, furnish monthly written
progress reports with respect to the construction contract and to
progress under this contract;
(0) Furnish ~vners a final ínspection and a written report of
the completed Project;
(p) Prepare record, "as constructed", drawings when the con-
struction work has been completed (this shall mean the tracings of
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the plans will be modif{ed, where necessary, because of deviations
from the original plans.. The original tracings, after being mod-
ified, shall become Owners' property);
(q) Provide, on request of Owners, attendance of a consulting
engineer at all meetings of Owners' Committee until completion of
the Project;
(r) Within one month following execution of this agreement,
prepare and furnish Owners a time schedule of all work to be per-
formed by Engineer and thereafter for each regular meeting of
Owners' Comr:J.ittee, furnish Owners a written status report of work
performed during the preceeding month and of adherence to said
schedule, which written report may be part of the progress reports
required under sub-paragraph (0) above;
Owners may directly perform any of the work and service set
forth in this Section 2.01 at its own expense, provided that Owners
and. Engineer shall first mutually agree upon the work to be per-
formed by Owner and provided further that all such work shall be
accomplished ~nder the supervision of Engineer.
Section 2,02: Services to be Performed and Supplies to be
Furnished on Hourly and Fixed Rate Basis: Engineer shall perform
all the following work and services and furnish the following sup-
plies in connection with engineering required for the planning,
design and co~3truction of the Project in accordance with the at-
tached hourly and fixed fee. rates and charges and at no other cost
or expense except as hereinafter in this agreement specifically
provided:
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(a) Furnish construction supervision (resident engineers)
and inspectors of construction as required to assure Owners that
the work is constructed according to plans and specifications:
(b) Furnish Owners, as requested by Owners, reduced plans and
specifications, required for bidding purposes, and full scale re-
productions of construction drawings and specifications required
for Contractor and Owner requirements;
(c) Furnish and/or perform ordinary surveys during both
planning and construction phases. aerial photogrammetry services
and surveys, materialstestings. in-plant inspection and soils in-
vestigation, including field testings; provided, however, that the
laboratory or professional organizations to perform the work re-
quired by this sub-paragraph. under supervision of Engineer, shall
be mutually agreed upon and selected by Engineer and ~~ers.
Owners may directly perform any of the work and service set forth
in this Section 2.02 at its ow~ expense, provided that Owners.
acting through its Representa[ives, and Engineer shall first mut-
ual~y agree upon the work to be performed by Owners and provided
further that all such work. shall be accomplished under the super-
vision of Engineer.
ARTICLE III
ENGINEER'S FEES AND COMPENSATION: AMOUNT: HHEN DUE
Section 3.01: Hourly and Fixed Rate Fee: For all items of
work and services, including :he furnishing of supplies and equip-
ment, pertaining to the Project and required to be furnished by
Engineer as set forth in Section 2.01 and Sections 2.02 hereof,
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Owner shall pay.Engineer and Engineer shall receive and accept, as
payment in full, an engineering fee, based on the hourly and fixed
fee rates listed in the schedule attached hereto. The hourly
rates set forth shall remain in effect until July 1, 1984, after
which date such rates shall be renegotiated on a basis consistant
with any increase in Engineer's labor costs over those prevailing
at the date of this contract. The rates and charges set forth
herein include all required clerical (except secretarial) services
and normal equipment and materials used in connection with the
production of the required engineering services.
Section 3.02: Maximum Fee Amount: For all engineering work
and services, including the furnishing of supplies and equipment
pertaining to the Project and required to be furnished by Engineer
as set forth in Section 2.01 hereof, Owners shall pay Engineer and
Engineer shall receive and accept, as payment in full, a sum of
money, based on the hourly and fixed rate fee set forth in Section
3,01, and such sum of money shall not exceed six percent (6.00%)
0: the total construction cost of the Project, as determined by
normal City bidding practice and adjusted for the work that was
acrually completed and/or forty-eight thousand dollars ($48,000.00),
whichever is less. This shall be known as the "Maximum Fee Amount"
to be payable for work and services set forth in Section 2.01 hereof.
Maximum fee amount for all inspection and engineering associated-with
ac:~al construction (including but not limited to resident engineers,
sl1pervision, etc. as listed in Section 2.02 above) shall not exceed
forty thousand dollars ($40,000.00).
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Section 3.03: Payment of Engineer's Fees: Engineer shall
furnish Owners monthly progress billings for all amounts becoming
due and payable to Engineer under the provisions of Section 3.01
and 3.02 hereof and such billings shall be paid by Owner to Eng-
ineer on the date of Owners' regular monthly meeting next occur-
ring within thirty (30) days following date of presentment.
Section 3.04: Payment for Redesign Work Resulting from
Changes Ordered by Owners: If revision of drawings are made neces-
sary because of major changes in the scope of the Project or of
any component part thereof ordered by Owners after approval of pre-
liminary drawings or if other changes are ordered by Owners after
final plans have been completed, Owner shall pay Engineer compen-
sation in addition to the ':Haximum Fee Amount" provided in Section
3. 02 hereof. Such additional compensation TÑÍll be based on labor
actually expended, as evidenced by invoice submitted by Engineer,
in accordance with the rates set forth in Section 3.01 hereof.
Section 3.05: Deferment of Payment of Engineer's Fees: In
the event Owners give Engineer notice of cancellation of this Con-
tract in accordance with the provisions of Section 7.01 hereof,
payment of all engineering fees then due and payable (computed as
provided in Section 3.06 hereof) may be deferred by Owner until
there are available in Owners' General Fund monies, oth'èrwise un-
encumbered, available for the payment of said fees, provided hm,¡-
ever, that any of such fees deferred beyond thirty (30) days after
presentment shall thereafter bear interest at the rate of 12% per
annum.
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Section 3.06: Payment for Services on Abandonment or Sub-
stantial Reduction of Project: In the event of abandonment or
substantial reduction of .the scope of the Project by Owner during
progress of work hereunder, Engineer shall be paid for all work
completed to date of abandonment and the amount of final fee due
and payable by Owners will not be less than the fees calculated at
the hourly rates set forth herein.
Section 3.07: Cost Sharing ~mong Owners: The North Kern
Water Storage District, City of Bakersfield and Kern Delta Water
District have agreed to share all costs for final design (including
plans and specifications), inspection and actual reconstruction
costs incurred by reason of this Agreement as follows:
North Kern Water Storage District - 45%
City of Bakersfield - 34%
Kern Delta Water District - 21%
TOTAL 100%
ARTICLE IV
ULTIMATE CONTROL OF PROJECT
Section 4.01: Owner Control: Cltimate control of the Pro-
j ect, its criteria and operational capabilities shall at all times
remain with Owners. To this end Engineer shall confer regularly
and frequently with Owners' Representative. City of Bakersfield
is hereby designated as Owners' Representative and shall have full
authority to act for Owners; provided, however, the determination
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whether or not to submit the project :0 public bidding following
receipt of final plans, specifications and contract documents,
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the decision whether or not to award a contract for construction
following receipt of bids, shall require joint and unaminous
consent of North Kern Water. Storage District, City of Bakersfield
and Kern Delta Water District. In the event Engineer and Owners'
Representative do not agree with respect to any recommendation
of Engineer, the written determination of Owners' Representative
with respect thereto shall be final and binding upon the parties
hereto.
ARTICLE V
COMPLETION
Section 5.01: Time for Completion of Plans, Specifications
and Contract Documents: Final plans, specifications and contract
documents for each of the separate contracts contemplated in
Section 1.02 hereof shall be filed with Owners on or before the
dates specified in the schedule of work to be performed by Engineer
to be submitted to Owners under the provisions of sub-paragraph
(s) of Section 2.01 hereof. Extension of said filing dates may be
granted by Owners' Representative where there appears to said
Representative to be sufficient reason for extension.
ARTICLE VI
ATTORNEY'S' FEES
Section 5.01: Award to Successful Party: If any action is
brought to enforce the terms of this agreement, the party found by
the court [0 be in default shall pay reasonable attorney's fees to
the successful party in an amount to be fixed by the court.
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ARTICLE VII
TERMINATION
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Section 7.01: Termination of Engineering Agreement: This
agreement may be terminated at any time by mutual consent of the
. parties. This agreement may be terminated, without cause, at any
time by Owners, upon its giving ten (10) days written notice of
termination to Engineer. This agreement may be terminated, with
cause, effective immediately upon receipt of written notice of
such termination by Engineer. If; in the opinion of Engineer, any
requirement of Owners regarding any engineering provided for under
the terms of this agreement is unsound from an engineering stand-
point, Engineer may terminate this agreement by giving Owners
thirty (30) days written notice of termination of this contract.
ARTICLE VIII
Section 8.01: Indemnification: Engineer hereby agrees to
defend, indemnify and save harmless Owner and its officers, agents
and employees from and against all claims, demands, liability,
costs, expenses, damages, causes of action and judgments to the
extent that such results from negligent error or omission by
Engineer or its agents or its emplòyees or its independent con-
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tractors under this Agreement.
ART I CLE IX
, NOTICES
Section 9.01: Allnot:4ces herein provided for shall be in
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writing and shall be given either personally or by registered
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mail, registration fees prepaid. Notices delivered to Owners'
representatives, if pers9nally given, shall be delivered to
Owners' office on Truxtun Avenue in the City of Bakersfield,
California, or, if delivered by mail, shall be addressed to Owners
at 1501 Truxtun Avenue, Bake,rsfield, California 93301. Notice to
Engineer may be personally delivered or mailed, registered mail,
registration fees prepaid, to Engineer at 930 Truxtun Avenue,
Suite 102, Bakersfield, California 93301. Mailed notices so
given, if posted in Bakersfield, California, shall be conclusively
deemed received on the second business day following mailing.
IN WITNESS WHEREOF the parties have executed this agreement
as of the da,te first hereinabove written.
OWNERS ENGINEER
By By -
KERN DELTA WATER DISTRICT,
By By
CITY OF BAKERSFIELD RICKS, TAYLOR & MEYER, INC.
WATER BOARD
By
NORTH KERN WATER STORAGE
DISTRI cr
APPROVED AS TO FORM:
By
CITY ATTORNEY
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RICKS, TAYLOR & MEYER, INC.
RATE SCHEDULE
EFFECTIVE JULY 1, 1983
CLASSIFICATION RATE
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Consulting Civil Engineer $60.00 Per Hour
Registered Civil Engineer $55.00 Per Hour
Associate Engineer $45.00 Per Hour
Construction Engineer $38.00 Per Hour
Assistant Engineer $36.00 Per Hour
Junior Engineer $33.00 Per Hour
Engineering Technician $30.00 Per Hour
Design Draftsman $22.00 Per Hour
Draftsman $18.00 Per Hour
- Secretary $20.00 Per Hour
Aerial Photogrammetry Services
and Field Surveys Invoice Cost
Soils Investigation and
Field Tests Invoice Cost
Computer Time $15.00 Per Hour
Blueprints, Permits and Other
Special Items Invoice Cost + 10%
Automobile Mileage $0.40 Per Mile
Bills, remaining unpaid 30 days after invoice date, shall
be subject to a finance charge of 1 1/2% per month.
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