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Home My WebLink AboutMD Packet 2-15 1 of 3'~"D'C.Y`L""~i ~`+rt e'~'y r~x. ~ j- .tv .s- ,qr;;~ 1 Q~+..:.~••... "° ~~r~° ~~^ ^ --,- ~ ~ }+~'fl~~nc~ ~9~ ~~`i1 ate .`ki ~ 1`:'t!p;~° s`19'~" California State University, Bakersfield 9001 Stockdale Highway ~~ ~, -~ Bakersfield, California 93311-1099 January 29, 1996 Raul M . Rojas Public Works Director City of Bakersfield 1501 Truxtun Avenue Bakersfield, California 93301 Re : ~tockda~.e ~iighway Median Landscaping Maintenance agreement Dear Mr . Rojas , We are in receipt of your proposed agreement on the above referenc- ed subject and have several concerns that perhaps you will address prior to our signing. 1. PAYMENT. In order to budget for the maintenance costs, CSUB would prefer having an approximate estimate of the rates to be established by the City, or an estimate of a contractor's rates and whether the cost would remain the same or go up as the years pro- gress. 2. There is no mention of a "Term of Agreement" with a renewal clause, therefore, CSUB could possibly be subject to unavoidable liability for the "PRE-:JUDGMENT INTEREST" stated in the agreement. 3. It is also customary for the Trustees of The California Univer- sity System to include a "Hold Harmless Clause" in the following manner: UNIVERSITY, shall be responsible for damages caused by the negli- gence of its officers, agents, assigns, contractors, subcontractors, and employees occurring in the performance of this Agreement. CITY shall be responsible for damages caused by the negligence of its of- ficers, agents, assigns, contractors, subcontractors, and employees occurring in the performance of this Agreement. It is the intention of UNIVERSITY and CITY that the provision of this paragraph be in- terpreted to impose on each party responsibility for the negligence of their respective officers, agents, assigns, contractors, subcon- tractors, and employees. We shall await your reply before preceding with the Agreement.. Sincerely Michael S. Williams, Director ~ Procurement and Support Services Msw/ba The California State University ~'i ;~e MEMORANDUM May 31, 1995 TO' FROM: SUEJECT: RAUL 1tQJ~S, PUBLIC WORKS DIRECTOR LE8 ANDERSON, COI~iUNITY SERVICES MANAGER CAROL WILLIAMS, CITY CLERK ~~~1 ~ G~/~z%G2~~~~~ ~~ REQtI$ST FOR RECORDS - PAYMENT OF MAINTENANCE OF THE SOUTS HALF OF THE MEDIAN ALONG THS CSUB FRONTAG$ Attached is a copy of a letter dated May 31, 1995, from Theresa R. Livengaad requesting recards on the_ above-referenced project. Tease research your recards and provide me with two ~2) sets of any pertinent recards in your files. The requesting party is required to pay for the cost of research and duplication of these recards . The charge for research is $ 4.00 per quarter hour; and duplication is $.25 per page and can be charged far a-ne set only. Please provide ,the City Clerk with an estimation of the cast to your department for the recards. Attached is an invoice for this purpose. The recards are needed in the Clerk'e Office by ~nday, June nth. If you cannot meet this deadline, please advise. Your assistance is greatly appreciated. please call me. CW/ndw A:REQUESTS\LIVENGOODI.MEM Attachments If you have any questions, cc : Marian S~~aw DAVE t~ TERRY LIVENGOOD 8009 LUCBS C~RTA BAKERSFIELD, CALIFORNIA 93309 (SOS} 834-0415 May 31, 1995 ~ ~ ~ Ms. Carol Williams, City Clerk .. ~' cn ~ City of Bakersfield `~ ~' 1501 Tru~tun Ave. ~ ~~ - w Bakersfield, CA 93301 r ~'' c--, r.• ~ HAND DELIVERED ~ _ .. C' `' ~- rn ~- ~ Dear Ms. Williams: ~ ~' This letter will serve as a request to receive a copy of the "separate agreement" by and between California State University, Bakersfield and the City of Bakersfield for the payment of maintenance of the south half of the median along the CSUB frontage. Additionally, I would also like to be informed of and possibly receive copies of any and all other "separate agreements" by and between the City and any other entities within the consolidated maintenance district but "assessed" differently than any other parcel within the d1St1~Ct~dlstrlCtS. According to Marion Shaw, Public Works Department, this docu~mentatian should be requested through your office and is a matter of public record. Please call me at the above referenced telephone number when such documentation and information. isavailable. I would like the information regar ,ding any other additional agreements reduced to writing. I assume that there will be a $.25 per page copy charge as for minutes of meetings. Please let me what charges are applicable when you call me. Th~~nk you. very truly yours, ~-Q.i . Theresa R. Livengood CIT1f aF SAKFASFIElD INVOICE FaR s~RVICES PROv~oEo Re~earc~ on Request ~S-~ fo2j Request 4or Public Records _ {d~5 DEPA~TlVIENT COSTS: t~aur~ X Ret• Direct Labor plus 8enettts: Max o~ (to k~cat®, comp ile ~ provide . S t fi.~hr two sets of requested documents) x = ______ x = x = Department Direct operating Cost's; PhotoCOpi+~s: Pages ~ 50.25 Por Pego _____ Direct MatertaK S Otha-r Costs Tota! Departmental Costs CITY CLERKS OFFICE; lnterde~artrr,en~! CQCxdina~tlon Efto~s: EST#l4tAATEO POST~IOE CNAAGES OTHER otRECT C~RGES T4Ta1. CAST OF SERVICE LESS AMOUNT Qi~ t3EP05lT FQR WITNESS FEE TOTIII AMOUNT ®VE O Noun X Rnt~ x ;~6.{~ _ x s ~ s.oa = ~~ ____~__ ~. a-e+~.,~ `` DAVE & TERRY LNENGOOD BAKERSFIELD, CALIFORNIA 93309 9S SEP 19 A~9 9' ~J (805) 834-0415 ~A~~~S~~~~p ~1TY CL~R~t September 15,1995 Ms. Carol Williams, City Clerk City of Bakersfield 1501 Truxtun Ave. - Bakersfield, CA 93 3 01 Re: ., CSUB agreement with City Dear leis. Carol: Attached, please find. a copy of my May 31, .1995 letter to you. requesting a copy of the "separate " -, agreement" by and between California State. University, Bakersfield and the City of Bakersfield .for the a ent of maintenance of the south half of the median alon the CSUB fronta e. As the p Ym g g work on ~ the landscaping has begun, I would assume that the agreement is ~ now completed and available for the ~ ublic. ~ ~ ~ . p Please call me at the above referenced telephone number when such documentation is available. Thank you far your attention to this matter.. . .Very truly .yours, . . ~ ~'' ~.~ Theresa R. Livengood Attachment ~ ~ . ~-~~C~ l~n~r~ CcNY1QJ tYU/r~ PC"~ - ~'1-1~9_c~(rcU ~' vl IcAiJ -vim ~ 1 \ IU ~ ll-GJ u .~, ' ~~ .~r" ~„r t~ s ~ ~~ °' ~~' 47 J l' ~ ~ / ~~~ uL~4~~4FF "~3 4 .~ •~ J :~ .Yy l~ i * ~ Y 1 .2~'w~a .. ~ f~ ~ ~ +. '1"S ~:p: .,t ~G Y ~ ~~ ~ ~ :'sY1 ~t:; ~~ ~ 1~T.vL ~4 J s"ry, Gf~f ld ~ r 1, x. ~• 4 1 e $tN~91~US ~~R~'A ..u - , ,. y $AKERSFIIE~;t ~ALIFORIN~ .93309 ~ \ ~; _. ~~ ~ .~ y ~845j ~ 834-0415 ~ ~ ~ • May 31,1995 CITY ATTORNEY Jady K. Skonsen CHIEF ASSISTANT CITY ATTORNEY -'~abert M. Sherl~- aSISTANT CITY ATTORNEYS Alan D. Daniel Lava C. Marino Allen M. Shaw Walter H. Porr, Jr. Michael G. A,llford DEPUTY CITY ATTORNEYS Janice Scanlan Carl Hernandez III Virginia Gennaro LAW OFFICE ADMINISTRATOR Frances E. Thompson ~'. ~y~PtyF q ;.~~~ ~~~~: !V G.r. .~.~ ~., . ~~ * - ~~ ~~~ e~ y CITY OF BAKERSFIELD OFFICE OF THE CITY ATTORNEY 1 SO1 TRUXTUN AVENUE B~FIELD, CA 93301 TELEPHONE: 805-326-3721 FACSIIVIIi,.E: 805-325-9162 February 20, 1996 Michael S. Williams, Director Procurement and Support Services California State University--Bakersfield 9001 Stockdale.Highway Bakersfield, CA 93311-1099 Re: Stockdale Highway Median Landscaping Maintenance Agreement Dear Mr. Williams: This letter is written in response~to your letter of January 29, 199b to the City's Public Works Department. • With regard to your first concern about the payment clause i.e., that you would prefer having an approximate estimate of the rates to be established by the City ~ , I -have spoken with Mr . Lauren Dimberg of the Public Works Department. Mr. Dimberg-and his associates have informed me that they would be happy to provide the estimates,for.each fiscal year as early as possible. I understand that the planning for this current project has not yet been corn leted, and that therefore, it is not possible to provide P figures now. I suggest that you contact Mr. Dimberg at 326-3585. Regarding your second concern about the "Prejudgment Interest" clause, .please be advised that we have removed that clause from the contract. Thirdly,. you have asked to include a "hold harmless" clause. You will note that I have included the City's standard indemnification language in the enclosed draft. Thank you for your attention to this matter.- Very truly yours, ROBERT M, SHERFY Chief Assistant City Attorney RMS:rb Enclosure cc(w~encl.) : Lauren Dimberg, Engineer II RMS-coRR~~L~~rERS~csUB.carl T0: Frank Fabbri -Parks Superintendent FROM: Lauren Dimberg - Engineer II DATE: June 5,1996 SUBJECT: CSUB Agreement Per your request we are enclosing copies of the CSUB median landscape maintenance agreement and the letter sent to CSUB requesting signatures. We are also working on a similar agreement with St. Philip The Apostle Church at 7100 Stockdale Highway for maintenance of medians adjacent to the church. We need you to provide us with the estimated cost of maintaining the medians adjacent to the church. SCALE NW SEC T30 DISTRICT 80UpARY MAP AND ASSESSMENT DIAGRAM FOR MAINTENANCE DISTRICT NO. 2-15 (INTERIM) BAKE;R~F'Ih,I,D, CALIFORNIA FlLED IN THE OFFlCE of THE qTY CLERK THIS ___,___ DAY ~ _.._.._:`_ _..,_,,, 1995 . aTY cLERic ol- THE aTY OF BAKERSFlELD, CAUFORNU AN ASSESSMENT WAS'LIMED BY THE qTY COUNgI ON THE LOTS, PIECES AND PARCELS OF LAND SHOWN ON THIS ASSESSMENT DIAGRAM.. SND ASSESSMENT WAS LEVIED ON THE ._,_ DAY OF ._._..."._ 1995 ; SAID ASSESSMENT DiACRAM ANO .THE ASSESSMENT ROIL WERE RECORDED iN .THE OFFlC€ OF THE .DEPARTMENT OF PUBLIC WORKS OF SAID aTY ON THE _ DAY ~ 1995 .. REFERENCE IS MADE T'0 THE ASSESSMENT ROIL RECORDED iN THE OFFlCE OF THE DEPARTMENT OF PUBLIC WORKS fOR THE EXACT AMOUNT OF EACH A5SESSMENt LEVIED AGAINST EACH PARCk1 pF LAND SHOWN ON THIS ASSESSMENT DIAGRAM, '~ CITY CLERK OF THE qTY of BAKERSFlEID, CALIFORNIA FILED FOR RECOl40 THIS „_,_„ DAY of 1995, AT ,_,__,_ _,y., iN BppK ~` OF ASSESSMENT DISTRICTS AT PAGE ,.~ IN THE OFFlCE OF THE COUNTY . RECORDER OF THE COUNTY OF KERN, STATE OF CALIFORNIA. `,LAMES W. MAP Fl~~ COUNTY ASSESSOR-RECORDER BY gilEF DEPUTY RECORDER RECORDED IN THE OFFICE OF THE DEPARTMENT OF PUBLIC WORKS THIS ~,_ DAY OF igS~ DIRECTOR OF PUBLIC WORKS BAKERSFIELI), CALIFORNIA ~ , ~~ ~ R ~~ ~,~,~~ ~, :~' ~ .~ ~. ~; ~, .... ~~ ~. ,y,~ ~~: ~ jny EXHIg1T B ~'lE. ~AB~! ~ Sri ~ o~ ,