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03.05.2008 WB AGENDA PACKET
City of Bakersfield Water Board Regular Meeting of March 5, 2008 Isabella 2008 Water Resources File Packet / L 0 B A K E R S F I E L D WATEGA BOARD David Couch, Chair HaroOd Hansory, Vice Olhaur Zack Sc,1vne>r CITY OF BAKERSFIELDD WATER BOARD REGULAR MEETING Wednesday, March 5, 2008 - 2.00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 911111C LL (�) *RdlAfi� fOOLL CP1LL 3. MINUTES A. Minutes of the January 9, 2008 regular meeting for approval _ For Board Review and Action 4. PUBLIC STATEMENTS K _' J RIVFF� LEVEE DISTRI�:T A. Appropriation ($265,000) to fund Provisionally Accredited Levee Engineering Study — For Board Review and Recommendation to City Council 6. REPORTS A. Kern River & Isabe;la Reservoir Operations Report - For Board Information A. Amendment to Pioneer Operating Agreement with Kern County Water Agency— For Board Approval and Recommenda:ion to City Council A. Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering & Construction Co. — For Board Review and Recommendation to City Council B. Annual Weather Modification Program Participation — For Board Review and Action Water Board Agenda March 5, 2008 Page 2 8. NEW BU VNLSS continued C. Agricultural Water Price and Sand Sale Schedule for 2008 -09 — For Board Review and Action D. Domestic Water Division Proposed 2008 -09 Rate Schedule — For Board Review and Recommendation to City Council E. Independent Contractor's Agreement with Frans -West Security to Provide Security Patrol Services for City Water Facilities — For Board review and Action 9. MVSCELILANEOUS A. Staff Report on State Water Project Monterey Amendment in reference to metro Bakersfield water use — For Board information 10. WATER BOARD STATEMENTS 11. CLOSED SESMOM CLOSED s S. for , CTiON ADJOURNMENT da&��rx3f Florn Core Water Resources Manager POSTED: fFebruanj 29, 2008 SAWB MINUTES 20081WBAGENDAMarch0508.doc Water Board Meeting March 5, 2008 3. MINUTES A. Minutes of the January 9, 2008 regular meeting for approval — For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, January 9, 2008 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL TO ORDER The meeting was called to order by Chairman Couch at 2:02 p.m. 2. ROLL CALL Present: Chairman Couch, Vice -Chair Hanson, Member Scrivner Absent: None 3. MINUTES A. Minutes of the November 14, 2007 regular meeting and December 19, 2007 special meeting for approval. Motion by Hanson to approve the minutes. APPROVED ALL AYES 4. PUBLIC STATEMENTS None 5. KERN RIVER LEVEE DISTRICT None 6. REPORTS A. Kern River & Isabella Reservoir Operations Report Steve Lafond, Hydrographic Supervisor, gave an update. 7. DEFERRED BUSINESS A. Kern River Program Agreement with Kern County Water Agency Florn Core gave a brief overview and displayed a map. Jim Beck, General Manager, Kern County Water Agency, made comments. Motion by Scrivner to approve the Kern River Program Agreement with clarification language to paragraph 2. to include "ability to recharge an equivalent amount elsewhere in the system" and authorize the Water Board Chairman to execute the agreement and recommend approval by the City Council. APPROVED ALL AYES, Bakersfield, California, January 9, 2003 - Page 2 Member Scrivner requested staff include on the next Water Board agenda an update regarding the Monterey Agreement in reference to metro Bakersfield water use. None MITTINUM. None 13. ADJOURNMENT Chairman Couch adjourned the meeting at 2:35 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting March 5, 2008 KERN RIVER LEVEE DISTRICT A. Appropriation ($265,000) to fund Provisionally Accredited Levee Engineering Study — For Board Review and Recommendation to City Council AMENDMENT NO. qNE_[11 T• AGREEMENT NO. WR00 i -!111 THIS AMENDMENT NO. ONE (11) TO AGREEMENT NO. WR07 -011 is made and entered into on , by and between the CITY OF BAKERSFIELD, a charter city and a municipal corporation (referred to herein as "CITY "), and MEYER CIVIL ENGINEERING, INC., ("CONSULTANT" herein). RECITAf_S WHEREAS, on the 27th of March of 2007, the CITY and CONSULTANT entered into Agreement No. WR07 -011, concerning FEMA Levee Accreditation Program; and WHEREAS, the parties now desire to enter into Amendment No. One (1) to Agreement No. WR07 -011, to include FEMA Levee Accreditation Program — Phase 2 Design Development; and NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONSULTANT mutually agree to amend Agreement No. WR07 -011 as follows: 1 e Section 1 of Agreement No. WR07 -011 entitled "Scope of Work" is hereby amended to read as follows: 1, SCOPE OF WORK, The scope of work is described as: provide consulting services for detailed investigation and analysis of the existing Fern River Levees for the FEMA PAL. (Exhibit "A ") The scope of work shall include all items contained in CONSULTANT's Proposal and CITY's Request for Proposals. CONSULTANT's Proposal and CITY's Request for Proposals are incorporated herein by reference as though fully set forth. CONSULTANT's services will include all the procedures necessary to properly complete the task CONSULTANT has been hired to perform whether specifically included in the scope of work or not. 2. Section 2 of Agreement No. WR07 -011 entitled "Compensation" is hereby amended to read as follows: 20 COMPENSATION, Compensation for all work, services or products called for under this Agreement shall consist of additional compensation of Two Hundred Sixty Five Thousand Dollars ($265,000) above the original compensation of Thirty Five Thousand Dollars ($35,000); total payment not to exceed Three Hundred Thousand Dollars ($300,000) which shall be paid for completed services after receipt of an itemized invoice approved by the Water SA2008 CONTRACTS\Amendment1ToAgreementWR07- 011MeyerEng.doc February 28, 2008 -- Page 1 of 2 Pages -- Resources Manager or his designee. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3. Except as amended herein, all other provisions of Agreement No. WR07 -011 shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. One (1) to Agreement No. WR07 -011 to be executed the day and year first above written. By: HARVEY L. HALL Mayor APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney By: COUNTERSIGNED: By: NELSON SMITH Finance Director MEYER CIVIL ENGINEERING, INC. in Title: SA2008 CONTRACTS\Amendment1ToAgreementWR07- 011MeyerEng.doc February 28, 2008 -- Page 2 of 2 Pages -- Insurance I � . I Civil Engineering, Inc. 110 S. Montclair Street - Suite 104. Bakersfield, CA 93309 Phone 661- 836 -9834 FAX 661- 836 -9761 February 29, 2008 Mr. Mark Lambert City of Bakersfield Department of Water Resources 1000 Buena Vista Road Bakersfield, CA 93311 In regards to: Revised Proposal for FEMA Levee Accreditation Program (PAL) — Priority A Items, Phase 2 Design Development Dear Mark: I am pleased to provide this proposal for professional engineering services. Meyer Civil Engineering, Inc. is to provide consulting services for detailed investigation and analysis of the existing Kern River Levees for the FEMA PAL program: Priority A, Design Development: This work will include the field investigations and engineering study as required by Title 44 of the Code of Federal Regulations, Section 65.10 and in accordance with the City's Provisionally Accredited Levee Agreement with FEMA. These investigations will include, but not be limited to, field surveys to determine critical elevations and unknown structure sizes, soil borings with logs and soils structure compaction, strength tests and permeability. Structural analysis and erosion studies in conformance with FEMA requirements will also be performed. In accordance with your request I have reorganized the work into two basic components: A) Critical Time Items and B) Items that need to be accomplished but can occur later on the project timeline. The following table details these items of work. This proposal is for Priority A Items only. Item No. Priority Included in this Proposal? Item of Work 1. A Yes Soils Investigations, Borings, Densities & Slope tability 2. A Yes Control Points & Levee Profile Survey 3. A Yes Review and Compilation of Soils Data 4. A Yes Freeboard Verification Study 5. A Yes Flow Net Analysis (500' to 1000' Intervals) 6. A Yes Rip Rap Inventory Survey (Handheld GPS) 7. A Yes Erosion Study to Evaluate & Identify Slope Protection Requirements 8. A Yes Levee Settlement Analyses 9. A Yes Closure Device Inventory & Study 10. A Yes Interior Drainage Inventory & Study 11. A Yes Photo Log of Facilities and Investigation Procedures 12. B No Aerial Topography & Ortho Photo Mapping 13. B No Survey Aerial Panel Points 14. B No On Ground Survey for Supplemental Cross Sections (Bridges, etc.) 15. B No Derivation and Interpretation of Cross Sections 16. B No HEC -RAS Model Development PACOB \COB -07- 003 \Proposal -FEMA Levees \Proposal - FEMA- Levees2AR.doc Water Resource Engineering Drainage Studies and Design Sewer Design Pump Station Design FEMA Studies Plan and Map Checking Services Municipal Consulting The existing levee heights will initially be compared to the mapped Base Flood Elevations (BFE's) as specified by FEMA. If levee heights prove to be inadequate against the BFE's, it would be in the City's best interest to perform a new HEC -RAS (Priority B Item) analysis to adjust the BFE's to more accurate values based on the current Kern River Flood Channel topography. It is highly likely that flood levels will be lower with a new model because of the effect of the City's ongoing channel maintenance program. As a result, construction costs could be reduced. Meyer Civil Engineering, Inc. proposes to perform the above work described on a trove and materials basis with an established budget of $261,325.00 for Part A. Meyer Civil Engineering, Inc. will utilize the services of Krazan & Associates, Inc. for soils investigation. This firm has an excellent reputation in regard to providing professional service for City projects. Please find a work breakdown schedule that details the anticipated hours and costs for the scope of work. The geographic extent of the project will be the South Levee from the extension of Ming Avenue to the 24` Street Bridge and the North Levee (Cross Valley Canal) from the extension of Heath Road to State Highway 99. It is anticipated that the North Levee will be investigated by The Kern County Water Agency. It is anticipated that our current agreement WR07 -011 with the City of Bakersfield will be amended for this work. Monthly progress billings will be made at the rates stated in the attached rate schedule. Thank you for the opportunity to provide this proposal, I very much look forward to assisting you in this project. Sincerely, Richard Meyer Meyer Civil Engineering, Inc. P: \COB \COB -07- 003 \Proposa1-FEMA Levees \Proposal - FEMA- Levees2AR.doc Water Resource Engineering Drainage Studies and Design Sewer Design Pump Station Design FEMA Studies Plan and Map Checking Services Municipal Consulting Meyer Civil Engineering, Inc. Rate Sheet Effective March 13, 2007 SCHEDULE OF HOURLY BILLING RATES Personnel Rate Senior Civil Engineer $110.00 per hour Civil Engineer $ 95.00 per hour One Man Survey Crew $110.00 per hour Two Man Survey Crew $180.00 per hour Associate Engineer $ 80.00 per hour Drafter $ 60.00 per hour Administrative Assistant $ 32.00 per hour Robotic Total Station or GPS $ 50.00 per hour Computer (included in above rates) Mileage $ 0.55 per mile Sub - consultants, Materials and Copies Required For the execution of the work (cost plus 10 %) Page 1 of 4 W h�p•1 F•�-1 U z O Q ,W W W-0 I .a u u e.. 0 AS W W a W A W A � 1 ° y N u � � N a ro u � N O Y u u d' ka W w m co R O a o� a m co O Q v U sa N c N � m � o � U d � u (i9 c T 00 O! O O 1 O OTC ; C I C i O Cl 4,"s C� Cl 4 O �o o c to oN m v N V O N ^ I I I Ef EA' EA �A FP, 09 69 A V3! v9 a tp CO I I � i O u i C C7 F' in vOi �O ,n 10 N O _ ______. -.� F _ ' O ..0 O O O ¢ y Q C N l ,A O O OIO OIC CC ro o 0 0 0 0 0 Cl:CD 000 o � O Ca � IooajN o00o N N � .c I CD I� .� o 0 0° ° > .0 C5 .c O O O O r ° U to oN oN oN o ao V F[.1 b9 N `p --• N O o S CD 0 X .0 .0 .� Q •C j •C O O O O O O 0 0 0 0 0 O [n U to 0 O O O O O O O O O Vl 69 C Q O a' 4 V1 cn T It o w c cl C N u '`� •� 'C � Q G� N '� Q ro C bq oQ Q�QQIQQQ QQQQ 0 z - Nm"Tvil. j I t- o.�o^ w m co R O a o� a m co O Q v U sa N c N � m � o � U d � u (i9 c T \ J { { - \ `rJ! |! ! \)){\ zi ) \ \ \\ } \\ \ \ } \ \ \ \}\\ \ \ \ \ \( \\ } \ \ }\ \\\\ ( ♦ Water Board Meeting March 5, 2008 REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information �W V MMQ 1.� O Cl) O W W cr Q J J W m N W W O } J LL W o a W ?� Q0o J p N W � o .. N O J LL J a ac a z m W Z cc W Y (SISOLIIUOaed Ul U01lOn013) MOO U13WHOIS OLL C O°p O C) CON O CT C''i Lo m LO V O_ Oco Om O 0) L1') CV OLL 0 OCC 0 C Ov Orn LO a) O 00 'cf' N V OLL Ow Oar Ln 00 co N gLL � Om O r- C'7 v LL O ON LO r- CM v LL O° 0 L O(o N v LL O Om OC, Ln Ln r N LL O O� Om OT r N LL O C:) ° - O� LO N O co I I I 1 I ° 1 C. CU I I I I U) I I I I I I co I O I I I CD N Q � I I M (cQ o C U) co O L o Z y N O MM W O U) C (D m 3 m 3 co _o ° L ° I I I I II co I I L I I QII - I o I I � o O m L Z co I I I I I I 1 0 I I O , I a, LL I I I I I I I so I I o I I I I I I ca 11- I , 1 I I I I I I I 1 I r I , I I I I r U I I I I CU I I I � I I r) I I I I P- 9 1 i 0 I I I I I I I Z I I I I I I I I o I I I U O LO O LO O L°C) O 1l- LO N O P� N T r T T GN003S aid 133 oiSno 0 O O O O LO LO N 0 N ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted... cfs in italics) Date of Report: February 28, 2008 18 4779 Max. on Record 176 Min. on Record 19 1916 Year of Occurrence 1961 Year of Occurrence 20 330 First Point Flow 18574 First Point (Month to Date) 88902 Accum. Natural Flow (08 Water Year) 66813 Accum. First Point (08 Water Year) KERN RIVER FACTS & FIGURES: On this date in 1991, late February rains helped boost the natural flow of Kern River to 211 cubic st per second, ending a streak of 37 consecutive days of record -low natural flow. The dubious . iinimum flow record streak began on January 22, 1991, and ended on February 28, 1991. By the 4th of March 1991, days of record - setting precipitation sent the Kern River North Fork soaring to a peak instantaneous discharge of 13,820 cubic feet per second, finally culminating in a mean natural flow of 5,025 cubic feet per second on March 5, 1991, second greatest for this date in history. • B A K E R S F I E L D Produced by City of Bakersfield Water Resources Department (661) 326 -3715 ISABELLA RESERVOIR 1 2552.98 Lake Elevation (ft.) 129170 Storage (AcFt) +1048 Change (AcFt) 846 Inflow to Isabella (cfs) 2 568075 Storage Capacity 23% % of Capacity 175662 Normal Storage 74% % of Normal Storage For this Date 3 4985 Average Lake Area (Acres) 31087 Inflow (Month AcFt) 16455 Outflow (Month AcFt) 4 690 North Fork Mean 725 North Fork @ 0600 Hours 86356 Accumulative Inflow (2008 Water Year) 5 289 Mean Outflow 43 Bore] Canal 246 Main Dam Outlet 64261 Accum. Outflow (08 WY) 6 299 Outflow @ 0600 43 Borel Canal @ 0600 Hours 256 Main Dam Outlet @ 0600 Hours Hours 7 29 Lake Evap. (cfs) 0.20 Inches Evap. for 24 Hours 770 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 136 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 5.92 Inches of Precipitation at Isabella for Month 10 11.62 Seasonal Precip. Isabella 7.14 Normal for 163% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 0.00 Inches of Precipitation at Pascoe for 24 Hours 9.50 Inches of Precipitation at Pascoe for Month 12 29.20 Seasonal Precip. Pascoe 24.66 Normal for 118% Pascoe Precip. this Date % of Normal 13 23.8 Upper Tyndall Creek 31.0 Pascoe 35.7 Wet Meadow 14 73 Isabella Maximum Temperature 0.82 Isabella Max. Precip. on Record For this Date 1991 Year of Occurrence 15 40 Isabella Minimum Temperature N/R 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 885 Natural Flow (cfs) 33206 Natural Flow (Month to Date) 55786 2008 Jan -Mar Runoff 17 857 Mean Flow 103% Natural Flow 642 Median Flow 138% Natural Flow For this Date in % of Mean For this Date in % of Median 18 4779 Max. on Record 176 Min. on Record 19 1916 Year of Occurrence 1961 Year of Occurrence 20 330 First Point Flow 18574 First Point (Month to Date) 88902 Accum. Natural Flow (08 Water Year) 66813 Accum. First Point (08 Water Year) KERN RIVER FACTS & FIGURES: On this date in 1991, late February rains helped boost the natural flow of Kern River to 211 cubic st per second, ending a streak of 37 consecutive days of record -low natural flow. The dubious . iinimum flow record streak began on January 22, 1991, and ended on February 28, 1991. By the 4th of March 1991, days of record - setting precipitation sent the Kern River North Fork soaring to a peak instantaneous discharge of 13,820 cubic feet per second, finally culminating in a mean natural flow of 5,025 cubic feet per second on March 5, 1991, second greatest for this date in history. • B A K E R S F I E L D Produced by City of Bakersfield Water Resources Department (661) 326 -3715 Z `O r Q J D M D V Q LU Yo U?o a Ft N O N O Z L Z W 7 ,vAJ � ^L , — I W Z =" Q w m w cw NZ�/ LL W Y 0 0 0 0 0 0 0 0 0 ® L6 o vi o ui o ui o M Cl) N N (sayoul);ua;uoo JOIBM 0_ Q U L ca G c N (D c U- 0 E ccY cu cua 3 0 c co L E U N 91 L E a� 0 z DEPARTMENT OF WATER RESOURCES California Cooperative Snow Surveys WATER SUPPLY FORECAST UPDATE 2008 April -July Unimpaired Runoff (1,000 Acre -feet) -------------------------------------------------------------------------------- Feb 1 %Avg Feb 12 %Avg Feb 19 %Avg Feb 26 %Avg Shasta Lake, total inflow average = 1819 90% Exceedence 1190 65% 1200 66% 1150 63% 1240 68% 50% Exceedence 1650 91% 1650 91% 1600 88% 1680 92% 10% Exceedence 2650 146% 2610 143% 2540 140% 2590 142% Feather River at Oroville average = 1782 90% Exceedence 870 49% 970 54% 930 52% 1130 63% 50% Exceedence 1570 88% 1640 92% 1580 89% 1750 98% 10% Exceedence 3010 169% 2970 167% 2840 159% 2940 165% Yuba River near Smartville average = 1006 90% Exceedence 470 47% 490 49% 460 46% 540 54% 50% Exceedence 870 87% 870 87% 830 83% 900 89% 10% Exceedence 1560 155% 1510 150% 1450 144% 1490 148% American River, below Folsom Lake average = 1240 90% Exceedence 600 48% 670 54% 640 52% 790 64% 50% Exceedence 1150 93% 1190 96% 1140 92% 1260 102% 10% Exceedence 2170 175% 2140 173% 2040 165% 2120 171% Mokelumne River, inflow to Pardee Reservoir average = 461 90% Exceedence 310 67% 320 69% 300 65% 350 76% 50% Exceedence 450 98% 450 98% 430 93% 470 102% 10% Exceedence 750 163% 730 158% 690 150% 720 156% Stanislaus River, below Goodwin Res. (blw New Melones) average = 702 90% Exceedence 440 63% 470 67% 460 66% 530 75% 50% Exceedence 670 95% 680 97% 650 93% 710 101% 10% Exceedence 1130 161% 1110 158% 1070 152% 1110 158% Tuolumne River, below La Grange Res. (blw Don Pedro) average = 1220 90% Exceedence 790 65% 830 68% 810 66% 960 79% 50% Exceedence 1180 97% 1170 96% 1120 92% 1240 102% 10% Exceedence 1970 162% 1900 156% 1800 148% 1880 154% Merced River, below Merced Falls (below Lake McClure) average = 632 90% Exceedence 400 63% 420 66% 400 63% 480 76% 50% Exceedence 580 92% 580 92% 550 87% 620 98% 10% Exceedence 1090 172% 1030 163% 960 152% 990 157% San Joaquin River, below Millerton Lake average = 1254 90% Exceedence 850 68% 870 69% 830 66% 1010 81% 50% Exceedence 1210 97% 1200 96% 1140 91% 1300 104% 10% Exceedence 2030 162% 1940 155% 1830 146% 1930 154% Kings River, below Pine Flat Reservoir average = 1224 90% Exceedence 800 65% 850 69% 820 67% 1010 83% 50% Exceedence 1200 98% 1200 98% 1150 94% 1310 107% 10% Exceedence 2000 163% 1920 157% 1820 149% 1930 158% Kaweah River, below Terminus Reservoir average = 286 90% Exceedence 170 59% 190 66% 190 66% 250 87% 50% Exceedence 270 94% 280 98% 270 94% 320 112% 10% Exceedence 510 178% 500 175% 470 164% 510 178% Tule River, below Lake Success average = 64 90% Exceedence 29 46% 35 55% 33 52% 46 72% 50% Exceedence 55 87% 60 94% 57 90% 68 107% 10% Exceedence 145 228% 144 227% 137 216% 144 227% Kern River, inflow to Isabella Lake average = 461 90% Exceedence 280 61% 310 67% 300 65% 380 82% 50% Exceedence 430 93% 450 98% 430 93% 500 108% 10% Exceedence 910 197% 860 186% 800 173% 820 178% Runoff forecasts are unimpaired (full natural) flows which represent the natural water production of the river basin, unaltered by upstream diversions, storage, or export or import of water to or from other watersheds. The median (50 %) forecast assumes median conditions after the date of forecast. Runoff exceedence levels are derived from historical data. The 90 percent exceedence level and the 10 percent exceedence level together comprise a range about the median forecast in which the actual runoff should fall 8 times out of 10. Forecasts are stated in 1,000's of acre -feet and percent of (50 -year) average. The averages are for the period 1956 to 2005. NATIONAL WEATHER SERVICE CLIMATE PREDICTION CENTER OFFICIAL FORECAST FOR MARCH, APRIL & MAY 2008 TEMPERATURE EC 3 PRECIPITATION .12WIN B 0 'B THREE —MONTH OUTLOOK PRECIPITATION PROBABILITY M N U L O. 5 MONTH LEAD flNMERNS RQOVE� N. Y c VALID HAM 2008 N MEANS NORMAL MADE 21 FED 2008 D MEANS BELON EC ao s P E 33 _....,_......._.... ............. THREE —MONTH OUTLOOK TEMPERATURE PROBABILITY Ec NERNS SRUAL N. R 0. 5 MONTH LEAD ANMERNi RBOYE c VALID HAM 2008 N MEANS NORMAL MADE 21 FEB 2008 a MEANS 6ELON EC 3 PRECIPITATION .12WIN B 0 'B THREE —MONTH OUTLOOK PRECIPITATION PROBABILITY M N U L O. 5 MONTH LEAD flNMERNS RQOVE� N. Y c VALID HAM 2008 N MEANS NORMAL MADE 21 FED 2008 D MEANS BELON Water Board Meeting DEFERRED BUSINESS March 5, 2008 A. Amendment to Pioneer Operating Agreement with Kern County Water Agency— For Board Approval and Recommendation to City Council AGREEMENT NO. 96- 3560) Water Board Agreement No. WB AMENDMENT NO. 1 TO AGREEMENT NO. 96 -356 PIONEER PROJECT JOINT OPERATING AGREEMENT THIS AMENDMENT NO. 1 TO AGREEMENT NO. 96 -356 is made and entered into on , 2008, by and between the CITY OF BAKERSFIELD, a charter City and municipal corporation, referred to herein as "CITY," and KERN COUNTY WATER AGENCY, a special act public entity, referred to herein as "KCWA ". RECITALS WHEREAS, on December 18, 1996 CITY and KCWA have entered into Agreement No. 96 -356, the Pioneer Project Joint Operating Agreement, concerning water spreading, banking and extraction on the Kern River Fan; and WHEREAS, as a result of Agreement No. 06 -157, dated June 7, 2006, the Land Exchange and Water Development Agreement ( "Exchange Agreement "), between CITY, KCWA, Castle & Cooke California, Inc. ( "Castle ") and Bolthouse Properties, Inc., ( "Bolthouse ") property was exchanged that requires modification to Pioneer Project Joint Operating Agreement; and WHEREAS, the parties desire to amend Agreement No. 96 -356 to accommodate additional water spreading, banking and extraction areas on the Kern River Fan. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and KCWA mutually agree as follows: Recitals Section D. of Agreement No. 96 -356 is hereby amended to read as follows: D. KCWA owns certain non - contiguous parcels of real property situated adjacent to the "2800 Acres ", consisting of approximately 2,233 acres, which is commonly referred to as the "Pioneer Property," and which is more fully shown on Exhibit "A," attached hereto and incorporated herein by reference; and SA2008 CONTRACTS\Amendment (1)to Pioneer Agreement96 -356 .doc February 26, 2008 2. Recitals Section L. of Agreement No. 96-356 is hereby added as follows: L. CITY, KC�V& Bolthouse and Castle have entered into the Exchange Agreement. The Exchange Agreement provides for lands owned by Bolthouse in Section 4 of Township 30 South, Range 26 East, M.D.B. & M. be transferred to KCWA and lands owned by KCWA in Sections 10 and 15 of Township 30 South, Range 26 East, M.D.B. & M. be transferred to Bolthouse and Castle. Included in the Exchange Agreement are rights for KCWA to recover water recharged in the Pioneer Project from ten (10) new wells to be located on Bolthouse/Castle property. 3. Recitals Section M. of Agreement No. 96-356 is hereby added as follows: M. Bolthouse /Castle property is cornmonly referred to as the "Stockdale Ranch Project" for the Bolthouse lands in the North Y2 of Sections 3 and 4, T30S/R26E and the "West Ming Project" for the Bolthouse lands in Sections 11, 13 and 14 and lands acquired from KCWA in Sections 10 and 15, T30S/R26E. 4. Section 3. PROJECT AREA, is hereby amended to read as follows: 3. ' PROJECT AREA. The "Project Area" shall be defined as the 2800 Acres, the Kern River Channel easterly from the 2800 Acres extending to the Rocky Point Weir, including the Truxtun Lakes recharge area, the Lakes at the Park at River Walk, property shown on Exhibit "B" as the North Ponds (excluding property owned by Berrenda Mesa Water District), the Pioneer Property (including portions of the existing James and Pioneer Canal systems), the Kern Water Bank, portions of the West Ming Project, west of the mid-section lines of Sections 11 and 14 (including KCWA wells along the Kern River Canal) and the Stockdale Ranch Project, west of the "West Beltway." The spreading areas are located as shown on the map attached as Exhibit "B." The recovery areas are located as shown on the map attached as Exhibit "Co" 5. Section 5. USE OF FACILITIES, sub-section c. 2800 Acres, is hereby amended to read as follows: C. 2800 Acres. The CITY owns and controls the "2800 Acres" (City Project). CITY and KCWA have heretofore entered into an agreement providing for KCWA use of the "2800 Acres" under certain terms and conditions, to wit: Agreement No. 84-232 dated October 17, SA2008 CONTRACTS\Amendment (1)to Pioneer Agreement96-356 .doc February 26, 2008 06 6. Section 6. OPERATING CRITEMA, Sub- Section g. Additional City Wells., is hereby amended to read as follows: 7. Exhibits "A" /616 ", & 66C" of Agreement No. 96 -356 shall each be replaced with new Exhibits "A", "B", & 6`C" attached and made pant of this Amendment No. 1 to Agreement 96 -356. 6. Except as amended herein, all provisions of Agreement No. 96 -356 shall remain in full force and effect. IN WITNESS WHEREOF the parties - o have .i -d this ie dm- No 1 to Agreement No. 96-356 to be executed the day and year first above written. "CITY" f KCWA" Additional signatures on the following page SA2008 CONTRACTS\Amendment (1)to Pioneer Agreement96-356.doc February 26, 2008 1011 M "CITY" DAVID COUCH Water Board Chairman AM FLORN CORE Water Resources Manager 0 k1TW1r!!Fv-1111 �ALNIAIPIAIFPVIAOI City Attorney M NELSON SMITH Finance Director 77�77rf =T7R, Exhibit "B" Exhibft "C" Exhibit "D" M, M JAMES M. BECK General Manager SA2008 CONTRACTS\Amendment (1)to Pioneer Agreement96-356 doc February 26, 2008 Ell J. ui CK CV a CL CN zil 04 t2 C14 z OIWJLV3H 'IF co co C\I CN LO LLI 00 OJI 0 C14 LU /C-, ui 7i LU - •.I� _ _ z N r I s N N N W w _ 4J • LL- M O N N N O N r Q Q '- O ,o W� p LL a N t� t� - U ca r cn cu N 14, O U O -s LQ Y (6 U E v _ c CD Y H c Q' w Q •• • LLJ N c, .- N z _ 0 �;o d ^ N O LL . • w V1 uj 'O N I O I O _W.. N i N N M Z a O N d _ - -- ;I feu oipuefa r. N N tlD1 Y Z 't i N K - '� N O fh NNN u) O ■ N •• 4 _ N O r C O ! � _ I N N N A c vG E E2 cn Q > < eJ cci cu •• „ �(�� 40 J Q Y U o o a m -a E o 'a o c c o C . a r SPREADING AND EXTRACTION AGREEMENT AGREEMENT NO. 84232 THIS AGREEMENT, is made and entered into this 17th day of October y 19 84 , by and between the City of Bakersfield, a Municipal Corporation ( "City "), and the Kern County later Agency, a political subdivision of the State of California ( "Agency "). FACTS UPON WHICH THIS AGREEMENT IS BASED: 1. The City owns approximately 2,800 acres of land over- lying the Kern County Ground dater Basin ( "City Spreading Area ") which lands are set forth on a map entitled Exhibit "A ", attached to, and incorporated by reference in, this Agreement. 2. The City has entered into Agreement No. 77 -07 W.B. dated November 9, 1977, which Agreement has been amended as set forth in Agreement No. 78 -12 W.B. dated June 27, 1978 and Agreement No. 81-76, dated April 15, 1981. All of these Agree- ments are jointly referred to in this Agreement as the "Basic Spreading Agreements." 3. From time to time, the City has spreading capacity excess to its own needs on the City Spreading Area, and excess to requirements of others under the Basic Spreading Agreements ( "Excess Spreading Capacity"). 4. Agency wishes to enter into an Agreement with the City to utilize the City Spreading Area for spreading of State Project Water, or, subject to City's consent, based on elo ]EXHIBIT D considerations of eater quality, which consent shall not unreasonably be withheld, any other imported water or Kern River water purchased or exchanged for imported water, all of which is collectively referred to in this Agreement as "Water." 5. The City is willing to permit the use of City's Excess Spreading Capacity by Agency and other interested users ( "Participating Entities "), subject to appropriate financial conditions and arrangements. IT IS THEREFORE AGREED BETWEEN THE PARTIES AS FOLLOWS: ARTICLE I. USE OF LAND AND FACILITIES The Agency shall have the right under City direction, supervision and control, to enter onto the City Spreading Area for the purpose of constructing temporary water spreading facilities, including diversion structures and measuring de- vices. All such facilities and improvements shall be constructed at the sole expense of the Agency and shall be and remain the property of the City. The Agency shall have the right under City operation to use City's Excess Spreading Capacity to spread water owned by Agency on the City Spreading Area subject to all the limitations expressed in this Agreement. ARTICLE II. ANNUAL. OPERATION AND MAINTENANCE COSTS (a) The Agency shall pay to the City $.50 per acre foot for all water spread subsequent to the date of this Agree- ment on behalf of Agency, which cost shall reimburse City for M administration, operations, maintenance and record - keeping expenses applicable to such spreading. This cost component shall be subject to escalation on the basis of the January 1984 Price Index "All Commodities" classifications for the Wholesale Price Indexes for Major Commodity Group published by the U.S. Bureau of Labor Statistics. Adjustments to the fee will be made prior to February 15th of each year, or as soon thereafter as is possible based on the January Index for the current year, Fees payable during a calendar year shall be based on the January Index for that year, (b) Spreading requests for all Participating Entities shall be estimated annually prior to March 1e Bills based on estimates shall be sent by the City to each Participating Entity as costs are incurred. Adjustments shall be made annually, if necessary, as of February 15 based on actual participation for the preceding calendar year. Requests may be modified during the year subject to availability of capacity and prior City approval (e) The Agency may, subject to the City's consent, approval and supervision, in lieu of payments pursuant to paragraph (a) of Article II of this Agreement, contribute labor, material, equipment or other services necessary or required to operate or maintain the spreading facilities. ARTICLE III. SPREADING FEE (a) In addition to the payments required pursuant to Article II of this Agreement, the Agency shall pay to the City _3 - for each acre foot of water spread subsequent to the date of this Agreement, a fee consisting of the following components: 1. A Spreading Component of $3.00 per acre foot, escalated from duly 1.977 as provided in subparagraph 3 hereafter; provided, that this component shall not apply to water which the Agency has spread, after giving advance written notice to the City, for general overdraft correction rather than storage for later sale, assignment or extraction. The City shall notify the Agency prior to February 15th each year of the spreading component to be in effect during the current calendar year. 2. A Facilities Improvement Component, to be deter- rained annually by City, not to exceed fifty percent (50 %) of the Spreading Component set forth in subparagraph 1 of this para- graph (a) of Article III. The Facilities Improvement Component shall be payable on all water spread. If no Spreading Component is applicable, the Facilities Improvement Component shall be fifty percent (50 %) of what the Spreading Component would have been had it been applicable. 3. Both components of the fee provided for in this paragraph (a) are subject to escalation on the basis of the July 1977 Price Index "All Commodities" classifications for the Wholesale Price Indexes for Major Commodity Group published by the U.S. Bureau of tabor Statistics. Adjustments to the fee will be made prior to February 15th of each year, or as soon thereafter as is possible based on the January Index for the current year. Fees payable during a calendar year shall be based on the January Index for that year. -4- (b) All charges and fees payable pursuant to this Agreement are due and payable by the Agency to the City within thirty (30) days after mailing of notice by the City. (c) The City shall hold the Facilities Improvement Component paid by the Agency in trust and expend such funds only for spreading facility improvements in the City spreading Area, pursuant to the City's general plan for such improvements. The City may advance funds for such improvements and be reim- bursed from such trust funds as received for all permanent spreading facilities constructed after January 1, 1984. (d) At any time that funds collected under the Facilities Improvement Component, including interest, if any, earned on those funds, remain unexpended for a period of five (5) years from date of receipt of such funds, the fee for such component shall be suspended until such funds have been expended. The calculation of "funds expended" will be based upon first funds collected equal first funds expended. Any unexpended funds, including interest, if any, earned on those funds, remaining on June 30, 2012, shall be refunded to the contributors of such funds in proportion to the contributions made by such contributors which have not been expended. (e) The Agency may, subject to the City's consent, approval and supervision, in lieu of payments pursuant to subparagraph 2 of paragraph (a) of this Article III, core u:° i bute labor, mater i al , equipment, se-,,vices or cther resources necessary or required to construct facility im- provements. The value of such resources shall be credited to, Agency payments under Article I11(a)2. (f) The City's determination as to whether in kind contributions of labor, material, equipment and other services small be attributed to operation and maintenance or facility improvements shall be final. (g) In lieu of payment of the Spreading Component provided for in subparagraph 1 of paragraph (a) of this Article II1, at the time of spreading, one of the following shall occur: 1. Payment may be made by the Agency to City within fifteen (15) years of the time the water is spread; pro- vided that within this time period, payment must be made at the time of extraction or assignment of the water to a Member Unit; or 2. If payment has not been made by the Agency within fifteen (15) years of the time the water is spread; then (A) One -half (1/2) of the water shall become the property of the City in lieu of receipt of the Spreading Component and Agency hereby assigns all of its right, title and interest to such water to City; and (B) One-half (1/2) of the water shall be deemed dedicated to the public for general improvement of ground water basin levels and Agency hereby waives any further right to extract such water. 3. All Spreading Component payments if delayed shall m be subject to the escalation provided for in subparagraph 3 of paragraph (a) of this Article III, adjusted to the tine such Spreading Component becomes due and payable. No action by the Agency to delay the payment of the Spreading Component shall in any way affect the obligation of Agency to pay the Facilities Improvement Component provided for in subparagraph 2 of paragraph (a) of this Article III at the time of spreading. ARTICLE IV. TERM This Agreement shall be for a term beginning on the date of its execution and ending on July 1, 2012. Provided that if at the expiration of said term the City should elect to continue to use the lands described in Exhibit 10A'" for a "water spreading area ", then and in that event only, Agency shall have the right and option to renew this Agreement under the same terms and conditions contained herein for a period of twenty years or until such time as the City shall elect to dispose of said lands or to use them for some other City purpose, whichever occurs first. Provided further, that the Agency's rights under any renewal of this Agreement shall not impair or limit the City "s reserved rights as defined in Article V(a), and should the City agree to the extension of the Basic Spreading Agreements, the priority between the Agency's rights and the rights of Olcese dater District and Buena Vista Water Storage District dur- ing the renewal period shall be subject to determination by the City. ARTICLE V. GENERAL CONDITIONS (a) All rights created in this Agreement shall be subject to the City "s reserved rights to spread, percolate, extract, transfer, exchange, or convey City water in or from the -7- City Spreading area (the City's "Reserved Rights "). This Agreement shall not be interpreted to limit in any manner the City's Reserved Rights:. Agency agrees not to contest the Reserved Rights of City, The City, pursuant to its Reserved Rights, shall continue to have the first priority for use of the City Spreading Area and facilities located thereon, for spreading and extraction of City water except as otherwise explicitly agreed to in paragraph (a) of Article VII of this Agreement. (b) All rights created in this Agreement shall also be subject to those rights granted to the Olcese Water District and the Buena Vista Water Storage District, under and pursuant to the Basic Spreading Agreements, and any extensions of the Basic Spreading Agreements consistent with the terms of Article IV. (c) Whenever Kern River native water is available for spreading by any participating entity, it will be given priority for spreading over any non -Kern River water to be spread by the Agency. (d) The Agency's priority to spread under this Agreement shall follow the prior rights set forth in para- graphs (a), (b), and (c) of this Article V. (e) It is understood that the Agency does not intend to use or permit its successors or assigns to use water spread and extracted under this Agreement outside the boundaries of the Agency and that its policy in this respect is in harmony with the policy of the City. (f) If any Kern River graters other than Kern River water simultaneously and equally exchanged for imported rater, is spread and extracted pursuant to this Agreement it shall not be used by the Agency, its successors or assigns, on any land not overlying the Kern County Ground Water Basin without the prior approval of the City. (g) The Spreading Component of the fee charged herein is based on anticipated irrigation use and light commercial, industrial, municipal and domestic uses. It is therefore agreed that if Agency sells or assigns any water stored pursuant to this Agreement it shall provide that, if the water is used for any other use, including oil field or other heavy industrial uses, directly or indirectly by exchange or otherwise, such use shall require the prior consent of the City which shall be granted upon the payment of a revised spreading fee to the City commensurate with the value of the storage to the ultimate user, as determined by the City. This paragraph shall not apply to any water sold or delivered to a Member Unit of the Agency in satisfaction of that Member Unit's "Table 1 Entitlement" as set forth in that Member Unit's contract with Agency for State Project Water. (h) This Agreement shall be subject to the terms and conditions of the City contracts with North Kern Water Storage District (Nom 76 -89)9 Cawelo Water District (Noe 76 -62)9 Kern - Tulare Water District (Noe 76 -61)9 Rag Gulch �'' -i Water District (No. 76 -63)9 and Rosedale -Rio Bravo Water Storage District (fro. 76 -80) to the oxtent any provision of this Agreement is inconsistent with the terms of those contracts. (i) This Agreement shall be subject to any federal, state or local regulations or local restrictions limiting in any way the performance by the City or Agency of the terms of this Agreement. The City shall function as the "Lead Agency" for purposes of preparation and processing of documents to com- ply with California Environmental Quality Act requirements, sub- ject to coordination with and financial participation by Agency. (j) The Agency shall indemnify, defend (upon written request of the City), and hold harmless the City, its officers, employees, and agents from any and all loss, damage, liability, claims, or causes of action of every nature whatsoever from damage to or destruction of, or interference with the use of ownership of property or for personal injury including that incurred by City's officers, employees, and agents arising out of, caused, or resulting from the Agency's actions during use of the City's land for the purpose herein authorized; provided, however, that the Agency shall have no such obligation with res- pect to such of the foregoing as are caused by the sole active negligence or willful misconduct of the City, its officers, employees and agents. (k) If a material breach of the terms and conditions of this Agreement is communicated in writing to Agency, and -10- Agency fails to cure said breach within a period of thirty (30) days after receipt of said notice, City may at its option and in its sole discretion declare this Agreement terminated, (1) It is anticipated that water spread under this Agreement will either be sold, assigned or extracted by the Agency. The Agency agrees to provide the City, by April 1 of each year, with an annual report specifying therein the amount of water stored pursuant to this Agreement which has been sold, assigned or extracted during the preceding calendar year, (m) The City shall be responsible for, and shall maintain records of all spreading on the City's spreading area and extraction, sale or assignment of all such water. The Agency shall have access to such records. (n) Any notice, billings or correspondence required herein may be given by mail, postage prepaid, directed as follows; AGENCY: Kern County Water Agency 3200 Rio Mirada Drive Post Office Box BB Bakersfield, CA 93302 CITY: Bakersfield Water Board 4101 Truxtun Avenue Bakersfield, CA 93301 (o) If either party is compelled to resort to litiga- tion for performance of conditions of this contract, including any payment due, the prevailing party shall be entitled to court -11- costs and reasonable attorneys' fees. (p) This Agreement may not be transferred or assigned, either voluntarily or involuntarily by Agency to any other party without the prior written consent of City. This provision shall not apply to the sale or assignment of rights to water stored as contemplated by this Agreement. (q) The Agency and City agree to equally participate in the defense of any challenge, claim or legal action which may be brought forward as a result of the Agency and the City entering into this Spreading and Extraction Agreement. ARTICLE VI. EXTRACTION FACILITIES (a) The Agency shall have the right, under City direction, supervision and control, to enter onto the City Spreading Area for the purpose of constructing and installing wells, pumps and pipelines for the extraction of water ( "Extraction Facilities "). All Extraction Facilities shall be constructed at the sole expense of Agency. (b) Agency shall furnish a schedule and plan for all Extraction Facilities construction and use to the City within sixty (60) days after execution of this Agreement and periodi- cally thereafter at City's request. Such plans shall be coordinated with all other planned use of the City's Spreading Area and Extraction Facilities and shall be subject to augmentation and approval by the City, prior to construction, which approval shall not be unreasonably withheld. Periodically, but no less often than annually, City shall provide Agency with -12- a schedule of use of all such Extraction Facilities. (c) Agency shall have the right under City operation to extract, from wells constructed pursuant to this Agreement, water previously spread by Agency on the City Spreading Area, or spread by City or other users in the City Spreading Area and sold or assigned to Agency, subject to all the limitations expressed elsewhere in this Agreement, and expressly including the following: (1) Extraction by the Agency, its successors or assigns, of the water spread under this Agreement shall be limited to the net mount of water placed in ground water storage by the Agency or by the City or other users and sold or assigned to Agency. The "net amount of water placed in ground water storage" shall be understood to be the gross amount of water spread in the City Spreading Area, less normal, natural and /or unavoidable surface losses. The Agency will keep a positive ba- lance in its account at all times. The City acknowledges the right of the Agency to recover said water. (2) The Agency agrees that it will not claim credit for normal, natural and /or unavoidable losses and will not claim credit under this Agreement for percolation of water in the City Spreading Area which Mould have occurred under preexisting conditions and is therefore not supple- mental ground water recharge. (3) The Agency and its successors or assigns shall take precautions when extracting water spread under this Agreement to avoid unreasonable adverse effect on the rights of other ground water users. (4) The Agency will convey all Extraction -13- Facilities (except pumps, motors, engines and appurtenant elec- trical or other equipment) to the City upon completion of con- struction and the City will thereafter operate and maintain the Extraction Facilities. Any construction guarantees for any Extraction Facilities will be assigned to City. (S) Any pumps, motors, engines and appurtenant electrical or other equipment installed by Agency shall remain the property of Agency, but shall be leased to City, without cost, for the duration of this Agreement for use in operating the Extraction Facilities. Such pumps, motors, engines and appurtenant equipment may be relocated or removed by Agency, subject to City's written advance consent, which shall not be withheld unless removal or relocation would result in loss of any preplanned use by City or any other entity as contemplated by paragraph (b) of Article VI and paragraph (a) of Article VII of this Agreement. (6) Agency shall provide measuring devices for the Extraction Facilities used to extract water from the City Spreading Area and City shall maintain records of such extrac- tion. Agency shall have access to such records. Such devices shall remain the property of the Agency, but shall be leased to City, without cost, for the duration of this Agreement for use in connection with the Extraction Facilities. ARTICLE VII. OPERATION AND USE OF EXTRACTION FACILITIES (a) Agency will retain a first priority for use of any Extraction Facilities constructed by Agency for recovery of spread water. Subject to the priority rights of Agency, City may use, or permit any other entity contracting with City to use, the Extraction Facilities constructed or installed by Agency, subject to approval of such entity by the Agency and the payment by such other entity (not including City) to Agency of a reasonable and equitable charge for the use of the Extrac- tion facilities to defray a prorate portion of their amortized costs of construction or acquisition as determined by the Agency. Such amortized costs shall be payable monthly upon demand by the Agency. (b) The annual operation and maintenance costs ( "O&M Costs ") of the Extraction Facilities shall be shared by the City, the Agency and any other entity utilizing such facilities propor- tionally based on the amount of water extracted by each during the calendar year. Such annual costs shall include administration. The O&M costs shall be estimated by the City and shall be payable monthly to the City upon demand. No oversight by the City in making such demand shall relieve the Agency from such payments. O &M Costs accounts shall be adjusted annually by the City based on actual uses (c) Agency shall arrange for the energy utilized to operate the Extraction Facilities, and the City shall authorize any utility easements, licenses, or right -of -way permits neces- sary for that purpose. The Agency shall be responsible for pay - ment of all energy costs associated with operation of the Extrac- tion Facilities, provided that the City or other entity utilizing such facilities shall pay such energy costs, including a prorate portion of any standby electrical charges, as are determined by the Agency to be associated with use of the facilities. Such energy costs shall be payable monthly upon demand by the Agency. ®lb® ARTICLE VIII. USE OF RIVER CANAL (a) Subject to the rights of the City and the rights of any other entity under the 1964 Amendment of the Hiller- Haggin Agreement, or prior City contracts, Agency may use the River Canal for transportation of water pumped from the City Spreading Area. (b) [Jse of the River Canal by the Agency shall be scheduled through the City, shall be arranged so that it will not interfere with other uses of the River Canal by the City or by any other entity with prior rights, and will be subject to the usual transportation costs provided for in paragraph 5(h) of the 1964 Amendment of the Miller- Haggin Agreement. (c) Subject to other prior contractual commitments, the City agrees to permit the use of any City conveyance facilities on the City spreading area, other than the River Canal, for the purposes of transporting Agency water to the extent of any excess capacity available in such facilities from time to time. If such facilities are used, a reasonable charge for such use will be determined by City and paid by Agency. EXECUTED this day of , 19 -16- CITY OF BAKERSFIELD By /mayor ATTEST: APPROVED AS TO FORM: CIWAttorne Acting ss s t i Manager-Finance KERN COUNTY WATER AGENCY By -17- President Fl, 1 A � j. PC- NOWN (! � V 1 � �"`t � i1 r 1 1 T t LIZ ins X U-1 z W 12C CL tA f LLJ 0 co C14 (n uj U o LAJ 4- 0 W 0 C3 -j LLI U- w co 0 Directors Fred L. Starch J. Elholt Fox John E. Willis M!cnael Raaon President Reberl E McCarthy Henry G. Garnett Gene A. Lundquist Division 1 Division 2 Division 3 Division 4 Division 5 Division 6 Division 7 KERN COUNTY WATER AGENCY 3200 Rio Mirada Drive Bakersfield, California 93302 -0058 October 2, 1984 James J. Barton, Chairman City of Bakersfield Water Board 1501 Truxtun Avenue Bakersfield, CA 93301 Dear Mr. Barton: LM LUI DOT 0 rZ 1984 CITY Ur= BAKERSFIELD DEPARTNAW QF WATER C50URM Telephone: (805) 393 -62GO 23.3.1 8.2 Stuart T. Pyle Engineer- Manager George E. Ribble Assistant Engineer- Manager Lois Buchenberger Secretary Address mail to: P.O. Box 58 I am pleased to send you two copies of the Spreading and Extraction Agreement executed by Michael Radon, Agency Board President, on September 28th following approval of the Agreement at our Board meeting on that date. A separate letter agreement of the same date is being sent to you concerning an amendment of the April 19, 1981 Interim Agreement under which Agency water was banked in 1981 in the City Spreading Area. This long -term Spreading and Extraction Agreement culminates several years of negotiations between Agency and City staff and legal counsel. We particularly appreciated the professionalism and spirit of cooperation shown by the City in the last year of these negotiations, as exemplified by the following City staff participating in these negotiations: Paul Dow, Director of Water Resources, Gene Bogart, Assistant Director of Water Resources, and Florn Core, Agricultural and Domestic Water Manager. Please execute and return one copy of the Agreement to the under- signed. Sincerely, -- 4yd tuart T. Q_ Engineer- Manager Enc. lb Water Board Meeting 8. NEW BUSINESS March 5, 2008 A. Ditch Eradication and Pipeline Easement Agreement with Virginia Engineering & Construction Co. — For Board Review and Recommendation to City Council WATER BOARD AGREEMENT NO. 08- W.B. AGREEMENT NO. DITCH ERADICATION AGREEMENT AND PIPELINE EASEMENT THIS AGREEMENT is made and entered into on between the CITY OF BAKERSFIELD, a municipal corporation, ( "CITY" herein) ENGINEERING & CONSTRUCTION COMPANY INC., ( "DEVELOPER" herein). RECITALS , by and and VIRGINIA WHEREAS, CITY is the owner, and operator of the Kern River Canal & Irrigating Company, which includes the irrigation ditch known as the Beardsley Canal K. R. C. & I. Number One Ditch, now existing as an open dirt ditch; and WHEREAS, CITY is owner of a right of way and easement of the Beardsley Canal K. R. C. & I. Number One Ditch over and across that certain real property owned by BAKERSFIELD EYE INSTITUTE, LLC, in the City of Bakersfield, County of Kern, State of California, particularly described as follows: see Exhibit "A," attached hereto and incorporated herein as though fully set forth; and WHEREAS, DEVELOPER desires to fill in and eradicate said open ditch and to substitute a concrete pipeline for said open ditch, of the type and inside diameter hereinafter specified, in and along said easement and right of way, as hereinafter provided; and WHEREAS, CITY is willing to consent to the substitution of an open ditch for covered pipelines upon the terms and conditions hereinafter set forth. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows: 1. PERMANENT RIGHT -OF -WAY AND EASEMENT. DEVELOPER does hereby grant to CITY the exclusive and permanent right -of -way and easement to construct, install, maintain, alter, repair, improve, reconstruct, enlarge and supplement and to flow and conduct water through a buried pipeline or pipelines over, along and in those certain strips of land in the County of Kern, State of California, owned by DEVELOPER more particularly described on Exhibit "B, "attached hereto and incorporated herein as though fully set forth, together with all rights convenient and incidental thereto, including the right of ingress to and egress from said strip of land over and across said real property of DEVELOPER, and DEVELOPER covenants, and agrees that no building or other structures shall be constructed and no trees, vines, or shrubs shall be planted upon said right of way and easement. DEVELOPER covenants and warrants that DEVELOPER has a fee ownership in said real property described in Exhibit "B," and has the power, authority and legal ability to transfer the interest in real property to CITY as set forth herein. 1.1 DEVELOPER agrees, at its own expense, to procure an Easement Guarantee Policy of title insurance in the amount of Four Thousand Five Hundred Dollars ($4,500.00) from a reputable title insurance company acceptable to CITY, insuring that the right -of -way and easement herein granted is vested in CITY free and clear of all liens and encumbrances excepting only those matters waived in writing, if any, by CITY. Ditch Eradication Agreement & Pipeline Easement 1 S: \2008 CONTRACTS \D ITCH ERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10:21 AM) 2. CONSTRUCTION. DEVELOPER agrees to construct and install along the centerline of said right -of -way and easement set forth in Exhibit "B" 3 thirty -six inch (36 ") inside diameter rubber gasketed reinforced concrete irrigation pipelines. Said pipelines shall be of the quality and on the grade and installed in the manner to be designated and approved in writing by CITY. Engineering plans for construction shall be approved by CITY, and such plans shall be incorporated in this Agreement as if fully set forth. Said construction and installation work shall be done at a time that will not interfere with the flow or distribution of water through the present Number One ditch as required by CITY. 2.1 DEVELOPER shall pay the entire cost of laying, constructing and installing said pipelines, inlets, outlets, and other structures required by CITY, including the costs of all labor and materials incurred or used in connection with the installation, trenching, backfilling, leveling and testing the same, and the cost of all engineering, professional and other necessary services furnished by DEVELOPER, or others in connection therewith. DEVELOPER shall provide to CITY, a labor and materials bond and a performance bond equal in value to the engineer's estimate of the total cost of the project, in a form suitable to CITY, to protect CITY against defaults by DEVELOPER. 2.2 DEVELOPER agrees to commence the construction and installation of said pipeline or pipelines and structures and complete same within a reasonable time. DEVELOPER shall, once construction has begun, prosecute same diligently until completion. At no time shall construction interfere with the flow or distribution of water through the present ditch. CITY shall have the right to inspect DEVELOPER's work to insure conformance with plans and specifications and the terms of this Agreement, and DEVELOPER agrees to pay all costs of inspection by CITY including without limitation fees charged for inspection services by outside consultants or inspectors. 2.3 DEVELOPER agrees that, upon completion of construction and installation of said pipelines, inlets, outlets and other structures, the same shall become and remain the property of CITY, and DEVELOPER shall have no right, title or interest therein, and CITY shall be in the sole and absolute control, of the manner, method and time of conducting and discharging water through said pipeline or pipelines and facilities; and the nature and extent of CITY's right of way and easement shall be in no manner diminished or restricted by the construction of said pipelines by DEVELOPER. DEVELOPER shall, at the completion of construction, quitclaim all of DEVELOPER's right, title and interest in the pipelines to CITY. 2.4 DEVELOPER agrees to keep and maintain said pipelines, and the inlets, outlets and other structures thereon, in good operating condition and repair for a period of one year after the completion of construction and acceptance thereof by CITY, and to pay all costs of such repairs and maintenance and of any replacement of any part thereof required to maintain said pipeline or pipelines and structures in good operating condition. DEVELOPER agrees that, in the event DEVELOPER fails, neglects or refuses to repair, maintain or replace promptly, upon demand any part of said pipeline, or the structures connected therewith, during said period of one year, CITY shall have the right, but shall not be required, to make all such repairs or replacements, and DEVELOPER does hereby agree to repay CITY the cost of any such repairs or replacements made by CITY upon demand, with the interest at twelve percent (12 %) per annum from the date such cost is incurred to the date of repayment by DEVELOPER. 2.5 Upon full performance of this Agreement by DEVELOPER, and the acceptance of said pipelines and other structures by CITY, CITY agrees to abandon that portion of its present open ditch and right of way therefor which will be replaced by said pipeline or pipelines and the right of way and easement herein granted. CITY agrees to quitclaim to DEVELOPER all prior easements of record. Ditch Eradication Agreement 8 Pipeline Easement 2 S:12008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10.21 AM) 3. ASSIGNMENT. Neither this Agreement, nor any interest in it, may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 4. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 5. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at DEVELOPER's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 6. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. 7. COUNTERPARTS. This Agreement may be executed simultaneously or in one or more counterparts, each of which shall be deemed an original but all of which together constitute one and the same instrument. 8. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 9. EXHIBITS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 10. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 11. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in anywayfrom this Agreement shall be brought in Kern County, California. 12. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except as limited by CITY's sole active negligence or willful misconduct. Ditch Eradication Agreement & Pipeline Easement 3 S: \2008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10:21 AM) 13. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of DEVELOPER as an independent contractor. DEVELOPER is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with DEVELOPER other than that of an independent contractor. 14. INSURANCE. In addition to any other insurance or bond required under this Agreement, the DEVELOPER shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 14.1 Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 14.1.1 Provide coverage for owned, non -owned and hired autos. 14.1.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents and employees. 14.2 Broad form commercial general liability insurance, ISO form CG00 01 11 85 or 88 providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 14.2.1 Provide contractual liability coverage for the terms of this Agreement. 14.2.2 Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 14.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 14.4 All policies required of the DEVELOPER shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the DEVELOPER's insurance and shall not contribute with it. Additional insured endorsement shall use ISO form CG20 10 11 85 (in no event with an edition date later than 1990). 14.5 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than ANIL Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. Ditch Eradication Agreement & Pipeline Easement 4 S: \2008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 0, 2008 (10:21 AM) 14.6 All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 14.7 The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 14.8 The DEVELOPER shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 14.9 Full compensation for all premiums which the DEVELOPER is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 14.10 It is further understood and agreed by the DEVELOPER that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the DEVELOPER in connection with this Agreement. 14.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for DEVELOPER. 15. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 16. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 17. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD City Hall 1501 Truxtun Avenue Bakersfield, California, 93301 DEVELOPER: VIRGINIA ENGINEERING & CONSTRUCTION COMPANY INC. P. O. Box 368 McFarland, CA. 93250 Ditch Eradication Agreement & Pipeline Easement 5 S: \2008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10:21 AM) VIRGINIA ENGINEERING & CONSTRUCTION COMPANY INC. "DEVELOPER's" Federal Tax Identification No. 95- 3286726 "DEVELOPER" is a corporation? Yes X No BAKERSFIELD EYE INSTITUTE, LLC, "OWNER'S " Federal Tax Identification No. 261253643 "OWNER" is a corporation? Yes X No 19. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by DEVELOPER pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "C ITY" CITY OF BAKERSFIELD "DEVELOPER" VIRGINIA ENGINEERING & CONSTRUCTION COMPANY INC. By: By. a._l/— HARVEY L. HALL Print Name: Michael F. Hair Mayor Title: President APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT FLORIN CORE Water Resources Manager "PROPERTY OWNER" BAKERSFIELD EYE INSTITUTE, LLC, Print Name: Michael F. Hair Title: Vice - President more signatures on the following page Ditch Eradication Agreement & Pipeline Easement 6 SA2008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10:2? AM) APPROVED AS TO FORM: CI f Y s,_ T�f? BEY COUNTERSIGNED: NELSON SMITH Finance Director Attachments. Exhibit "A" and Exhibit "B" Ditch Eradication Agreement & Pipeline Easement S: \2008 CONTRACTS \DITCHERADICATIONPIPEEASEMIKE HAIR.DOC - January 8, 2008 (10:21 AM) Water Board Meeting NEW BUSINESS continued March 5, 2008 Annual Weather Modification Program Participation — For Board Review and Action CONTRACT of December 2007 by and between the This contract entered into this 31G' T NORTH KERN WATER STORAGE D S RI I ati Water Storage District organized and existing under rld by virtue of Division 14 of the Califomia Water Code, hereinafter r referred to as the "District' and, Steve Johnson & Associates, Atmospherics Group international (Agl), a sole proprietorship, hereinafter referred to as the "Contractor." WITNESSETH' WHEREAS, the District has examined the feasibility of conducting a continuing program to increase precipitation over the watershed of the Kem River by scientific weather modification techniques and has found that such a program is reasonable, necessary and proper and in the best interest of the District; and, WHEREAS: the Department of Water Resources, State of Califomia, initially issued to the District a permit for Weather Resources Management (hereinafter referred to as the "permit "), dated July 2, 1980 (Permit 11), which authorizes the District to conduct a Weather Resources Management Program (hereinafter referred to as the "Program "); and WHEREAS: the Contractor has on its staff qualified and recognized weather resources management personnel and other professionals necessary to carry out and supervise the program and has at its disposal the equipment necessary to carry out the program; NOW THEREFORE, in consideration of the promises, agreements and conditions hereinafter stated, the parties hereto agree as follows: 1. Contractor shall engage in artificial cloud nucleation operations during the term of this contract, within the target area identified by and consistent with the INITIAL STUDY ENVIRONMENTAL ASPECTS OF KERN RIVER WEATHER MODIFICATION PROGRAM and the above referenced permit. The purpose of this cloud nucleation operation is to increase precipitation within the target area above Lake Isabella. The area to be covered by said operations of Contractor (hereinafter referred to as the 'target' area) shall be the upper Kem River watershed and the associated tributary streams and forks above Lake Isabella that include the Little Kern River, the /North Fork and the South Fork of the Kem River. 2. The term of this contract shall cover the seasonal operational period beginning on January 15, 2008 and ending on April 30, 2008, with the optional extension of the month of May and/or Summer Program with the following provisions for the following seasons 2008 -09 and 2009 -2010; 1 Almoepherlras ga®aep In @ePna4i ®naV 1 n- Contract 2007/2008 Season 07-08 a) January 15, 2008 through April 30, 2008 4 -Month h) May 1,39, 2008 (optional) c) June 9 through September 30, 2008 (optional summer program) Atmmphedm group tnt®rnaWBU 2 KE-Contract 200712008 The contractor agrees that its aircraft and equipment thereon will be certified by the Federal ,aviation Administration, an agency of the United States of America, and that any and all pilots operating aircraft for or on behalf of the Contractor shall be duly licensed by the said Federal Aviation Administration. h) Contractor will install, operate and maintain 8 to12 silver iodide ground generators for use on the program at various dfu6ng periods when windflow profile, directions and velocities show that the application of ground generators would provide the penetration of seeding material into the upper Kern Diver Watershed, or when windflow profile directions make airborne seeding impractical due to military restricted air space southeast of the target area. Contractor shall seek to establish a network series of ground generators along the western slope of the Sierras upwind to the upper Kern River watershed from the Camp Nelson area southward to and including the Johnsondale area. Research windflow studies are to be done during the season on each particular storm event to determine additional optimal ground generator sites for future use. i) Contractor will provide a service vehicle for field work related to all ground and air equipment utilized on the project. j) Contractor will furnish the following personnel who will be stationed) within or near the project area during the contract period, 1) one radar meteorologist 2) One instrument rated cloud seeding pilot 3) One field serviceman and equipment technician 4) Ground generator operators 4. The primary nucleating agent will be silver iodide and hygroscopic materials, which shall be dispensed from aircraft and ground generators. Other advanced nucleating agents may be utilized as special storm characteristics may suggest as part of continuing research activities that may be connected with this project or as part of the regular operation in accordance with the best judgment of the Contractor.. 5. The Contractor shall prepare all reports pertaining to the program required to be filed by the Contractor and District to comply with Federal and State Law. The Contractor shall furnish monthly operational reports during the full course of the cloud nucleating operation. As soon as practical after the conclusion of each yearly operational period, the Contractor will furnish the District a final operations report covering the entire yearly operation. 3 herIw OMP InIBmatunall 3 KE- contract 2007/2008 11. District agrees to pay the Contractor for the services rendered, as outlined in this contract, the total sum of ONE HUNDRED FIFTY SIX THOUSAND, SIX HUNDRED THIRTY FIVE DOLLARS ($156,635), PLUS AN AMOUNT OF SIX HUNDRED FORTY FIVE DOLLARS ($645.00) PER HOUR OF AIRCRAFT SEEDING FLIGHT TIME PLUS FORTY FIVE DOLLARS ($45.00) PER FLARE FOR SEEDING MATERIALS IN PAYMENTS AS SET FORTH BELOW, It is understood and agreed that this sum includes the total fee for all aircraft flights and evaluations of the program. 12. Emergency Fuel Surcharge clause; for the Contractor to withstand the volatility of fluctuating fuel costs, a `Fuel Surcharge' may be applied to the Consumables if the price of aviation gas exceeds $5.50 per gallon. Incremental increases in aviation fuel of $0.05 per gallon would add $3.60 per hour to Air aft Flight Time. 5 January 2 0 26,450 e u p project mst I FebruM 2008 14,930 + January c nsurn bles March 2008 29,860 February consumabies t April 2008 29,860 - March 1` su i b 1 - 1 May 2008 29,860 + April consumables I June 2006 _2§u675 + May consurnables (apt) TOTAL: 156,636 + all mnsumables Consurnables are considered to be the variable g j t costs fo aircraft tirne at $645.0ftaur and seeding al $45.00 p- flare. Con .'Rl��k�l Limit would b p • $8,400 ��p month or $33,600 for ft 4-Month 07/08 season. PMMEPharics 9MUP IntMatlunaV 5 SE -Contract 2007/2006 14. In addition to the Option for the month of May, at its discretion the District May air-0 extend an Optional 4 -Month Summer Weather Resource Management program electable by the North Kern Water District at the rate of $25,675 per month plus consurnables for the period of June 2008 through September 2008. 15. if at any time. Contractor fails to initially provide aircraft services to the project then the Monthly fixed cost of $29,860 would he adjusted to $500.00 /day to the district for services. AtMospheries group inlam2tonsy 6 KE =Contract 2007/200B �M WffNESs umER50F, the pales hereto h2Ve set their hands and seals to this contract the clay and year first herr®dnabove written. P.O. Bo k" 81435 Bakersfield, California 93380-1435 Secretary JANUARY is P 2008 1194771 0 Ell!, - 11 Z i� ©�TrI ��fk� �f'��'•,T�'� vT���tiAU� U�J i��,L� At;r.c��l'c acs rr��p Ir��,, � !ir ;n�_�I �A•af) Abmwpnerks group Intemeaanall z K&- contsaad 8047/2008 Water Board Meeting NEW BUSINESS continued March 5, 2008 C. Agricultural Water Price and Sand Sale Schedule for 2008 -09 — For Board Review and Action AGRICULTURAL WATER ENTERPRISE 2008 WATER PRICE AND SAND SALE SCHEDULE The following recommended water prices reflect the current normal water supply conditions occurring throughout the San Joaquin Valley. Of the seven (7) water price categories shown below, items I through 4 are established by existing contracts. The water rates for items 5 and 6 are dependent upon local water supply. These water rates would remain in effect until conditions warranted changes or adjustments to these prices. For information and reference, the 2006 and 2007 schedule for surface water rates are shown for comparison (price per acre- foot). Actual 2006 Actual 2007 Effective May 1, 2008 (169% of Normal (26% of Normal (93% of Normal Type of Water Water Year) Water Year) Water Year) 1) Basic Contract Water ................... $20.00 $20.00 $20.00 2) City "Borrow /Payback" Contract Water .......................... $27.48 $27.41 $30.18 *3) City Kern River and/or Banked Water sold for domestic, recreational or other uses.......... $73.48 $73.32 $80.74 4) Miscellaneous Kern River Water that would otherwise be used for groundwater banking . ............................... $15.73 $15.69 $17.27 5) Miscellaneous Kern River Water sold for crop irrigation .......................... $28.00 $30.00 $32.00 6) City non -Kern River Water sales (oilfield discharge, etc.) .......... ............................... $22.40 $24.00 $25.60 7) Kern River Canal & Irrigating Co .......................... $21.66 $21.66 $21.66 *Plus power costs associated with operation of 2800 Acre water wells when applicable. Note: To encourage maximum use within the Kern River groundwater basin, water prices in categories numbered 4, 5 and 6 may be reduced 50% during periods of mandatory flood control release and/or encroachment into the flood control storage space at Isabella Reservoir. For annual and/or temporary pumping agreements from canal and river facilities, and for sand sales from City-owned river channel properties, the following rates would remain in effect until conditions warranted changes: ITEM 1) Temporary Pumping Agreements ... ............................... 2) Annual Pumping Agreements 5 Truck units or less ....................... ............................... 6 Truck units or more ..................... ............................... 3) Sand Removal Sales ...................... ............................... PRICE $ 50.00 per day $400.00 (minimum charge) $600.00 (or greater proportionately, depending upon volume) $ 0.50 per cubic yard (plus sales tax when applicable) Water Board Meeting NEW BUSINESS continued March 5, 2008 Domestic Water Division Proposed 2008 -09 Rate Schedule — For Board Review and Recommendation to City Council RE.I OLUTIO O. �1 RESO �)TIO� ES - ABLISHING ©O�aE�TIC "��ATER RATES FOR A�HE, FAIRHAJE�� RLAKES SERVILE AREA��. WHEREAS, Chapter 2.18 of the Bakersfield Municipal Code authorizes the City Council to establish fees and charges sufficient for the City to recover the costs of providing domestic water services; and WHEREAS, a public hearing before the City Council was advertised twice in the Bakersfield Californian, a newspaper of general circulation; and WHEREAS, a public hearing was held to determine whether the proposed fees and charges are discriminatory or excessive; and WHEREAS, the fees and charges set forth in Exhibit "A," attached hereto and incorporated by reference, do not exceed the reasonable estimated cost of providing the services for which the fees are charged. NOW, THEREFORE, BE IT RESOLVED BY THE COUNUL OF THE CITY OF BAKERSFIELD AS FOLLOWS: 1. The foregoing recitals are incorporated herein by reference. 2. The fees and charges set forth in "Exhibit A," attached hereto and incorporated herein as if fully set forth, are hereby adopted and shall become effective on October 1, 2008. 3. The adoption of these fees and charges complies with Proposition 218. -- - - - - -- 000-- - - - - -- 1 I HEREBY CERTIFY that the foregoing Resolution was passed and adopted by the Council of the City of Bakersfield at a regular meeting thereof held on by the following vote: AYES: COUNCIL MEMBE NOES: COUNCIL MEMBE ABSTAIN: COUNCIL MEMBE ABSENT: COUNCIL MEMBE HARVEY L. HALL MAYOR of the City of Bakersfield APPROVED AS TO FORM: VIRGINIA GENNARO CITY ATTORNEY VIRGINIA GENNARO City Attorney CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield S:\ DOMESTICWATERRATES2008 \ResolutionDomRates2008.wpd —2/28/2008 2 c � o � 'U) ai 0G) U L .) U O (z CZ E CC O -00 N a) � C: CU o E > (Z CO m 0--o O 0 co O O LL CC Q) _C (� U Q C � d 0 m co 5 c C) N ..d C � A �U p p cn d C a) Ul 0 0 m (Do C L d 0 ia) 0 U V Lo co r W (n ) N U- p iz - r o- 6a 61 64) +0 en O 4 � E (1) ® LL C U, U a ® U C O 1 U Q CI) U C � d 0 m co 5 c C) N ..d C � A �U p p cn d C a) Ul mmmmmmmmo 000000000rm = = —� =MM m all I I I I I I I I tom, r CD CI UI UI UI UI >I UI'UI UI U W OD a) a) a) a) a) a) Q) X CV 2� r N M d (D M IIIIIIII C co F G $ 61) 64 61) ,co I co a O D > c NNMateW4 -®N cz P® (R 1: " q ,�t 7 Y® cn P t88 (�`J P tD N � C2 cts Q) U a) co M q' 0 f® 0 O Im I 68 N UD ® N N Q co C) O- cz �_ a) V T E C 0 2) j e U c 0 E ® a. U) 0 0 0 0 0 0 0 ta p of°— E �_ LL U U U U U a) U U LL N O C C C C C C C C O 0 () O C C C C C C C C C m U) 0 U U U U U U m cz O o a o CL CL v C > co O W L O vz N C " C tW- O �_ - O -0 Q r N CI) It (0 CO - f = CZ 6 c i 0 0 0 (Do 0 0 0 0 0 Lo L6 L6 0 0 N r N (O CO 6a ff 64) ffi Efl LL a ® L O C O 1 Q U U w @ O J C pd O N (3 O U o N af LL w Un LCCU Cc, QUZ mmmmmmmmo 000000000rm = = —� =MM m all I I I I I I I I tom, r CD CI UI UI UI UI >I UI'UI UI U W OD a) a) a) a) a) a) Q) X CV 2� r N M d (D M IIIIIIII C co F G $ 61) 64 61) ,co I co a O D > c NNMateW4 -®N cz P® (R 1: " q ,�t 7 Y® cn P t88 (�`J P tD N � C2 cts Q) U a) co M q' 0 f® 0 O Im I 68 N UD ® N N Q co C) O- cz �_ a) V T E C 0 2) j e U c 0 E ® a. U) 0 0 0 0 0 0 0 ta p of°— E �_ LL U U U U U a) U U LL N O C C C C C C C C O 0 () O C C C C C C C C C m U) 0 U U U U U U m cz O o a o CL CL v C > co O W L O vz N C " C tW- O �_ - O -0 Q r N CI) It (0 CO - f = CZ 6 c i - *. 0211-290101111111 • NOTICE IS HEREBY GIVEN that a protest hearing accepting testimony will be held before the Council of the City of Bakersfield on Wednesday, June 11, 2008, 6:30 p.m., or as soon thereafter as the matter may be heard, in the Council Chamber of City Hall, 1501 Truxtun Ave., Bakersfield, CA 93301. The purpose of the hearing is to receive and consider input regarding an increase in the quantity rate for domestic water service from the City of Bakersfield. Pursuant to Chapters 14.04, 14.06 and 14.08 of Title 14 of the Bakersfield Municipal Code, the City of Bakersfield Domestic Water System provides residents and customers a pure, clean and wholesome water supply in quantities and under sufficient pressure for all ordinary and proper uses. Charges for water service are paid directly by property owners and /or occupants through bills rendered monthly. In compliance with Proposition 218, property owners and /or customers of the City of Bakersfield Domestic Water System are hereby informed of a proposed increase in the quantity rate on the monthly bill. Your water service is included in this action, and is identified in the accompanying bill enclosed in this mailing. The quantity rate is currently $0.79 per hundred cubic feet unit. The proposed rate will increase by $0.06 to $0.85 per unit on October 1, 2008. No adjustment to the readiness -to -serve charge is proposed. A typical residential customer will see a total increase of $1.68 per month. Due to new water supply programs, the cost of meeting water quality standards and the general inflation rate, expenditures have increased 5.3 %. This increase is proposed to be effective October 1, 2008. If you need additional information on the water services provided by the City or on the proposed quantity charge increase, please contact the Water Resources Department at (661)326 -3715. WRITTEN PROTESTS may be filed with the City Clerk at any time prior to the conclusion of the hearing. If you challenge the action taken on this proposal in court, you may be limited to addressing only those issues raised at the public hearing, or in written correspondence delivered to the City Clerk of the City of Bakersfield prior to the close of the hearing. Dated: March 1, 2008 Please Conserve Water! PAMELA A. MCCARTHY, CMC City Clerk and Ex Officio Clerk of the Council of the City of Bakersfield Water Board Meeting 8. NEW BUSINESS continued March 5, 2008 E. Independent Contractor's Agreement with Trans -West Security to Provide Security Patrol Services for City Water Facilities — For Board Review and Action A G E E�� d J�iFP _f�DF_i�JT COONIRACTOR' ljG� - F ":EflT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFlELD, a municipal corporation, ( "CITY" herein) and TRANS-WEST SECURITY ( "CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of security. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORD. The scope of work is described as: security guard services: a. CONTRACTOR shall provide guard services in accordance with the CITY's instructions provided by the Manager of the Water Resources Department or his designee of the City of Bakersfield with respect to the post or area to be covered by each guard employed, the number of guards to be employed and the days of the week, hours per day and hours of the day of guard service. CITY's representatives shall be entitled to make inspections, as necessary to assure performance. CONTRACTOR shall supply, at his expense, a motor vehicle equipped with a two way radio capable of transmitting and receiving calls with City Water Resources personnel. Compensation for any and all use of this patrol vehicle shall be deemed as part of the hourly rate charged by the contractor to the City. b. CONTRACTOR shall make every reasonable effort to take the appropriate action to protect life and property and enforce state statutes and CITY ordinances, but shall not carry or use firearms. CITY shall supply to CONTRACTOR a copy of all CITY ordinances, rules and regulations CONTRACTOR is expected to enforce as well as suggestions as to the method of enforcement with respect to each CITY ordinance, rule or regulation. CONTRACTOR is expected to have knowledge of state statutes and will follow state law and use reasonable enforcement methods when enforcing state law. SA2008 CONTRACTS\ TransWestSecuritylndependent .doc February 26, 2008 -- Page 1 of 8 Pages -- The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of payments not to exceed total Forty Thousand Dollars ($40,000.00) which shall be paid as follows: Services shall be provided at the rate of $23.17 per hour. CONTRACTOR will submit invoices on or before the fifth (5'h) day of the month for all services rendered the previous month. CITY will make payments within thirty (30) days after receipt of said invoices. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. 3° PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. All key personnel shall be properly licensed and have the experience to perform the work called for under this Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. 5° STARTING @CORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. S. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7° NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. SA2008 CONTRACTS\ TranswestSecuritylndependent .doc February 26, 2008 -- Page 2 of 8 Pages -- 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. If a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If a partnership, at least one partner shall hold the required licensees or professional degrees. 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a signed by all the parties. If any modification of this Agreement results in total compensation which exceeds Forty Thousand Dollars ($40,000.00), such modification must be approved by the City Council. 11. EXHIWTS. In the event of a conflict between the terms, conditions or specifications set forth in this Agreement and those in exhibits attached hereto, the terms, conditions, or specifications set forth in this Agreement shall prevail. All exhibits to which reference is made in this Agreement are deemed incorporated in this Agreement, whether or not actually attached. 12. TERM. Unless terminated sooner as set forth herein, this Agreement shall terminate on March 1, 2010 13. TERMINATION. This Agreement may be terminated by any party upon ten ( 10 ) days' written notice, served by mail or personal service, to all other parties. 14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 15. INDEPENDENT CONTRACTOR. This Agreement calls for the performance of the services of CONTRACTOR as an independent contractor. CONTRACTOR is not an agent or employee of the CITY for any purpose and is not entitled to any of the benefits provided by CITY to its employees. This Agreement shall not be construed as forming a partnership or any other association with CONTRACTOR other than that of an independent contractor. SA2008 CONTRACTS\ TransWestSecuritylndependent .doc February 26, 2008 -- Page 3 of 8 Pages -- 18. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 17. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 18. INSURANCE. in addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ( "basic insurance requirements ") herein: 18.1. Automobile liability insurance, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 18.1.1. Provide coverage for owned, non -owned and hired autos. 18.2. Broad form commercial general liability insurance, unless otherwise approved by the CITY's Risk Manager, providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 18.2.1. Provide contractual liability coverage for the terms of this Agreement. 18.2.2. Provide products and completed operations coverage. 18.2.3. Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 18.3. Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation in favor of the City, its mayor, council, officers, agents, employees and volunteers. 18.4. All policies required of the CONTRACTOR shall be primary insurance as to the CITY, its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self- insurance maintained by the CITY, its mayor, council, officers, agents, employees, and designated volunteers shall be excess of the CONTRACTOR's insurance and shall not contribute with it. SA2008 CONTRACTS\ TransWestSecuritylndependent .doc February 26, 2008 -- Page 4 of 8 Pages -- 18.5. Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating as approved by CITY's Risk Manager, but in no event less than A:V. Any deductibles, self- insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:V, must be declared prior to execution of this Agreement and approved by the CITY in writing. 18.6. Unless otherwise approved by CITY's Risk Manager, all policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 18.7. The insurance required hereunder shall be maintained until all work required to be performed by this Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 18.8. The CONTRACTOR shall furnish the City Risk Manager with a certificate of insurance and required endorsements evidencing the insurance required. The CITY may withdraw its offer of contract or cancel this contract if certificates of insurance and endorsements required have not been provided prior to the execution of this Agreement. 18.9. Full compensation for all premiums which the CONTRACTOR is required to pay on all the insurance described herein shall be considered as included in the prices paid for the various items of work to be performed under the Agreement, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 18.10. It is further understood and agreed by the CONTRACTOR that its liability to the CITY shall not in any way be limited to or affected by the amount of insurance obtained and carried by the CONTRACTOR in connection with this Agreement. 18.11. Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 18.12. CONTRACTOR shall provide, when required by CITY, performance, labor and material bonds in amounts and in a form suitable to CITY. CITY shall approve in writing all such security instruments prior to commencement of any work under this Agreement. SA2008 CONTRACTS\ TransWestSecuritylndependent .doc February 26, 2008 -- Page 5 of 8 Pages -- 19. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party clairns relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 20. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by CONTRACTOR, CONTRACTOR's employees, agents, independent contractors, companies, or subcontractors in the performance of, or in any way arising frorn, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. 21. EXECUTION. This Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this Agreement. 22. NOTICES. All notices relative to this Agreement shall be given in writing and shall be personally served or sent by certified or registered mail and be effective upon actual personal service or depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT 1000 BUENA VISTA ROAD BAKERSFIELD, CA 93311 (661 ) 326-3715 CONTRACTOR: TRANS -VVEST SECURITY SERVICES 4444 Grissom Street Bakersfield, CA 93313 (661 ) 834-0711 23. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 24 FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. S:\2008 CONTRACTS\ TransvVestSecuritylndependent .doc February 26, 2008 -- Page 6 of 8 Pages -- 25. ASSIGNMENT. Neither this Agreement, nor any interest in it may be assigned or transferred by any party without the prior written consent of all the parties. Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 28. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the contract and their heirs, administrators, executors, personal representatives, successors and assigns, and whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 27. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CONTRACTOR pursuant to the terms of this Agreement, shall, upon preparation, become the property of the CITY. 28. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 29. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represent and warrant that they are, respectively, duly authorized to sign on behalf of the entities and to bind the entities fully to each and all of the obligations set forth in this Agreement. CONTRACTOR's Federal Tax ID Number 95- 3800030 CONTRACTOR is a corporation? Yes X No (Please check one.) 311. NON - INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 32. RESOURCE ALLOCATION. All obligations of CITY under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 5:\2008 CONTRACTS\ TranswestSecuritylndependent .doc February 26, 2008 -- Page 7 of 8 Pages -- IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. "CITY" "CONTRACTOR" CITY OF BAKERSFIELD TRANS -WEST SECURITY SERVICES By: By: HARVEY L. HALL Mayor Type or Print Name: Title: APPROVED , O FORM: VIRGINIA GENNARO City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT FLORN CORE Water Resources Manager COUNTERSIGNED: NELSON SMITH Finance Director Attachment: Exhibit A SA2008 CONTRACTS\ TransWestSecuritylndependent .doc February 26, 2008 -- Page 8 of 8 Pages -- Trans- A W� � SECURITY SERVICES Pricing Piroposal City of Bakersfield Water Resources Department January 16, 2008 RE: Contract renewal Effective Date: February 1, 2008 Security Officer Rates (includes vehicle) Regular Rate City of Bakersfield Water Date: Resources Department Rep. $23.17 per hour 1 � Trans -West Security Rep. Date: EXHIBIT "A" Water Board Meeting March 5, 2008 Jment in reference to metro