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HomeMy WebLinkAbout07.09.2008 WB AGENDA PACKETCity of Bakersfield Water Board Regular Meeting of July 9, 2008 Kern River above Lake Isabella Water Resources File Packet WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, July 9, 2008 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the May 14, 2008 regular meeting for approval — For Board Review and Action 4. PUBLIC STATEMENTS 5. HEARINGS A. Noticed Public Hearing to receive comment on the City of Bakersfield 2008 Wholesale Urban Water Management Plan — For Board Review and Action 6. KERN RIVER LEVEE DISTRICT A. Federal Emergency Management Agency Progress Report on Provisionally Accredited Levee Status — For Board Information 7. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information 8. DEFERRED BUSINESS 9. NEW BUSINESS A. Sand Removal Agreement with Granite Construction Company— For Board Approval B A K E R S F I E L D WATER BOARD David Couch, Chair Harold Hanson, Vice Chair Zack Scrivner CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, July 9, 2008 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the May 14, 2008 regular meeting for approval — For Board Review and Action 4. PUBLIC STATEMENTS 5. HEARINGS A. Noticed Public Hearing to receive comment on the City of Bakersfield 2008 Wholesale Urban Water Management Plan — For Board Review and Action 6. KERN RIVER LEVEE DISTRICT A. Federal Emergency Management Agency Progress Report on Provisionally Accredited Levee Status — For Board Information 7. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information 8. DEFERRED BUSINESS 9. NEW BUSINESS A. Sand Removal Agreement with Granite Construction Company— For Board Approval Water Board Agenda July 9, 2008 Page 2 9. MEW o USHESS continued B. Domestic Water Mainline Ex;ensicn Refund Agreement Assignment — For Board Information C. Resolution Approving an Application for Grant Funds for a Local Levee Evaluation Project under Proposition 34 — For Board Information 0. M ISCELLAMEOUS 1. WATER BOARD STATEMENTS 12. CLOSED SESSMH 13. ADDJOURMMEMT Florn Core Water Resourrces Manager FDSTED: .1uIV 311, 2008 SAWB MINUTES 20081WBAGENDAJu1y908.doc Water Board Meeting _.3. MINUTES July 9, 2008 A. Minutes of the May 14, 2008 regular meeting for approval — For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, May 14, 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 2:00 p.m. 2. ROLL CALL Present: Chairman Couch, Vice -Chair Hanson (seated at 2:10 p.m.), Member Scrivner Absent: None 3. MINUTES A. Minutes of the March 5, 2008 regular meeting for approval. Motion by Scrivner to approve the minutes. APPROVED ALL AYES, HANSON ABSENT 4. PUBLIC STATEMENTS A. Dennis Fox asked if the City Water Resources Department could provide water service to East Niles Water District. Florn Core, Water Resources Manager, made a statement. 5. KERN RIVER LEVEE DISTRICT A. Federal Emergency Management Agency (FEMA) Notification of Floodplain Management Regulations. Mark Lambert, Water Resources Superintendent, stated a certified copy of the floodplain management regulations has been sent to FEMA. No action taken. 6. REPORTS A. Kern River & Isabella Reservoir Operations Report. Steve Lafond provided a brief update and stated the 2008 water contract schedules will be met. 7. DEFERRED BUSINESS None. Bakersfield, California, May 14, 2008 — Page 2 8. NEW BUSINESS A. Amendment No. 1 to Domestic Water Service Agreement with California Water Service Company Motion by Hanson to approve Amendment No. 1 to Agreement No. 92 -250 with California Water Service Company (Agreement No. 08 -15WB) and recommend to the City Council for approval. APPROVED ALL AYES B. Contract for Water Needs Determination Study for City Basic Agricultural Contracts with Stetson Engineers, Inc. Motion by Scrivner to approve Water Board Agreement No. 08 -18 with Stetson Engineers, Inc. APPROVED ALL AYES C. City of Bakersfield Wholesale Urban Water Management Plan. Mark Lambert, Water Resources Superintendent, stated a public hearing for the City's Wholesale Urban Water Management Plan is scheduled before the Water Board on July 9, 2008. No action taken. D. Integrated Regional Water Management Plan Participation. Florn Core, Water Resources Manager, gave a brief update. Chairman Couch recognized Dennis Fox who made comments regarding weed control. Motion by Hanson to authorize staff to participate in the Integrated Regional Water Management Plan, in the amount of $25,000. APPROVED ALL AYES 9. MISCELLANEOUS None. 10. WATER BOARD STATEMENTS Chairman Couch stated the canal fence at southwest White Lane and Old River Road needs repairs. 11. CLOSED SESSION Chairman Couch recessed the meeting to Closed Session at 2:25 p.m. APPROVED ALL AYES A. Conference with Legal Counsel — Existing Litigation Closed session pursuant to subdivision (a) of Government Code section 54956.9 (3 cases): 1. City of Bakersfield v. City of Shafter (CEQA), et al Kern County Superior Court Case No. S- 1500 -CV- 260277 -RJO Bakersfield, California, May 14, 2008 — Page 3 11. CLOSED SESSDON continued 2. City of Bakersfield v. North Kern Water Storage District, et al Kern County Superior Court Case No. S- 1500 -CV- 260360 -AEW Tulare County Superior Court Case No. 224933 3. City of Bakersfield v. ®ildale Mutual Water Company Kern County Superior Court Case No. S- 1500 -CV- 260384 -LPE Chairman Couch adjourned from Closf='r'I Session at 3:35 p.m. A PRO QED ALL A YES USED E ION ACTI��JI Tl�e City A 11111111 was Jill c.�ivcr� clircc ior� r - c lln� ,lo. :�ctil Session Its r� + D • UR�Jf. E� T Chairman Couch adjourned the meeting at 3:37 p.m. David Couch, Chairman City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting 5. HEARINGS July 9, 2008 A. Noticed Public Hearing to receive comment on the City of Bakersfield 2008 Wholesale Urban Water Management Plan — For Board Review and Action NOTICE OF PUBLIC HEARING URBAN WATER MANAGEMENT PLANNING ACT CALIFORNIA WATER CODE SECTION 10610, et seq. Please Take Notice that: The City of Bakersfield Wholesale Water System will hold a PUBLIC HEARING to review and adopt their 2003 Urban Water Management Plan at 2:00 p.m. or as soon thereafter as the matter may be heard, on Wednesday, July 9, 2003 at the following location: City of Bakersfield Water Resources Department 1000 Buena Vista Road, Bakersfield, CA 93311 Dated: June 17, 2003 CITY OF BAKERSFIELD WHOLESALE WATER SYSTEM 2008 Urban Water Management Plan Draft ,s :Z1. June 2008 Prepared by: Stetson Engineers Inca 861 Village Oaks Drive, Covina, California 91724 Phone: (626) 967 -6202, Fax: (626) 331 -7065 Covina, Bakersfield, San Rafael, CA Denver, CO Mesa, AZ Diamondhead, MS PLATE 1 m :U J O m )O I- .Qs 5SE . ,. nw/ W Y m ro w o w LL y w lu W U V W LL LL Nm m'Om m' L ism i w� 3a mouI Z U cl C 0 ? C N m ~ W � uj f Z C In W C m :U J O m )O I- Water Board Meeting July 9, 2008 KERN RIVER LEVEE DISTRICT A. Federal Emergency Management Agency Progress Report on Provisionally Accredited Levee Status — For Board Information June 9, 2008 Mr. David Couch, Chairman Kern River Levee District Water Board 1000 Buena Vista Rd. Bakersfield. CA 93311 Dear Mr. Couch: U.S. Department of Homeland Security FEMA Region IX 1111 Broadway, Suite 1200 Oakland, CA 94607 -4052 � 0,tVA Aij j�MF° FEMA x� o�111ND SAC J1 1 11 �I �.d �'•. 4. [ Y ?F � "Phis letter is to remind your community of the upcoming July 22, 2008, deadline for Kern County to subailt a 1 -year progress report regarding talc Provisionally Accredited Levee (PAL) designations for the Kern County levees that are accredited on an effective Flood Insurance Rate Map (FIRM). On April 23, 2007, the Federal Emergency Management Agency (FEMA) sent you a letter to acknowledge and accept your signed PAL agreement for these levees and inform you that these levees will be designated as a PAL on the new Digital Flood Insurance Rate Map (DFIRM) for Kern County, CA and Incorporated Areas during a 2 -year PAL period that started on July 23, 2007. It is a requirement that the community /levee owner /local project sponsor submit a progress report to FEMA after 12 months to document progress toward obtaining data and documentation to comply with the criteria of the Code of Federal Regulations, Title 44, Chapter 1, Section 65.10. If you are unable to submit this 1 -year PAL progress report by the deadline, FEMA will initiate a map revision to re- designate certain areas on the landward side of the levee as Special Flood Hazard Area (SFHA). The SFHA is the mapped area that is subject to flooding during the 1- percent- annual- chance flood. An electronic template for a 1 -year PAL progress report is available at http-,,,Irmc.mapmodteam.com/RMC9 /Fact= Sheets,htm under the Related Materials heading. Please send your completed 1 -year PAL progress report to me on or before July 22, 2008. If you have questions or need additional information regarding the flood mapping for your community, please contact me by telephone at 510 - 627 -7181, or by e -mail at raymond.lenabur (g a)dhs• v. Sincerely, �f v1- Ray= T. Lenaburg Risk Analysis Branch Chief ti Mitigation Division, Region IX Enclosure: Provisionally Accredited Levee "fable cc: Harvey Hall, Mayor, City of Bakersfield Don Maben, Chairman, Kern County Board of Directors Raul Rojas, Public Works Director Lee Frederiksen, HDR Inc. www.fema.gov CL a U W � W O Q L W O J � c Q 'C W M O � 1 c O U V L Q Y J Q L Z d O � o /0 _a � U a. 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Kern River & Isabella Reservoir Operations Report - For Board Information N O N O 0 ao m m a A m m z m m z c m a r m r- 0 IM !7 c r m r cn m r r a m cn m O m cn I m a m CUBIC FEET PER SECOND N N N N W W co W p N 01 -1 O N M -I 0 N cn of O N cn --J O M O Cn O cn O Cn O cn O M O to O Cn O O O O O O O O O O O O O O O O O O O I I O I I I I I I I I I I I I I I 1 V I I I I I I I 1 I I I I I 1 I I I I I I I I I I I I I I I I I I I I I I Z I I I I I 1 I j I I I I I I I I I I I I I I I I I I I I I I I i I I I I I I 1 I I I I I I I I I I I I 1 Q I I I V II I I I I 1 I 1 I I I I I I I I I I I I CD O- I 1 I I I I I I I I I I I I I I I I I I I I I I I I I I 7 1 co I I I I I I I I I I I I I 1 I I I I I 1 I I I I I I I I 2 I I (p I I I I I I I I I .+ � I 0 1 1 1 I I I I I CCC I C ~ 1 CD I I I �I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I I ^' T✓ d Q I I I I I I I I I I I I co I I I I J I i I I I I I I I I I I I I 1 I I I I i I I I I I I I I - -� I I I I I I I I p 71 (a 00 I I I I I I I I I I 1 I I I I I I I I OD I I I I I I I II I I I I I I I I f I I I i I I I I I I I I I I I i I I I I I I I I I I I I I I I I I I I I I OD I N I I I N I I I I I sl) 1 1 D I S N I S I -_ Z I I I 1 d (n V Q rF 1 rF i cn cc I CD M M O I I I I I I I I I I I I I co 0 N) Cn j ul - N N W N) W ro P K) cn N cn N 0 1 0 a 0 cn Ul rn 0 � U7 NO -4 0 W Cn ao O CD cn cNn co O o Cn c 0 rn0 . 0 �n0 Wd AO �0 a0 �O WO WO v c 0 nO pp A O 0 0 O O d O Q Q JO O �0 vd c) m 0 O NO Ln0 w Tp O �0 O T O 7 O d O — O d 0 0 -n 0 STORAGE in AcFt (Elevation in Parenthesis) N O N O 0 ao m m a A m m z m m z c m a r m r- 0 IM !7 c r m r cn m r r a m cn m O m cn I m a m ISABELLA RESERVOIR DAILY OPERATIONS REPORT (All readings are for date of report as of 0001, except as noted... cfs in italics) ISABELLA RESERVOIR 1 2572.20 Lake Elevation (ft.) 249707 Storage (AcFt) -1739 Change (AcFt) (WEDNESDAY) Date of Report: July 2, 2008 2 568075 Storage Capacity 44% % of Capacity 302301 Normal Storage 810 Inflow to Isabella (cfs) 83% % of Normal Storage 8 0 Spillway Discharge for 24 Hours 28 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours For this Date Inches of Precipitation at Isabella for Month 3 7560 Average Lake Area (Acres) 1607 Inflow (Month AcFt) 3134 Outflow (Month AcFt) 4 900 North Fork Mean 880 North Fork @ 0600 Hours 441345 Accumulative Inflow (2008 Water Year) 5 1580 Mean Outflow 479 Bore] Canal 1101 Main Dam Outlet 285196 Accum. Outflow (08 WY) 6 1606 Outflow @ 0600 478 Bore] Canal @ 0600 Hours 1128 Main Dam Outlet @ 0600 Hours 103% Pascoe Precip. Hours this Date 7 107 Lake Evap. (cfs) 0.44 Inches Evap. for 24 Hours 212 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours 28 South Fork near Onyx @ 0600 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.00 Inches of Precipitation at Isabella for Month 10 11.66 Seasonal Precip. Isabella 9.69 Normal for 120% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 12 35.60 Seasonal Precip. Pascoe 34.57 Normal for 103% Pascoe Precip. this Date % of Normal 13 0.0 Upper Tyndall Creek 0.0 Pascoe 0.0 Wet Meadow 14 96 Isabella Maximum Temperature 0.00 Isabella Max. Precip. on Record For this Date 2007 Year of Occurrence 15 74 Isabella Minimum Temperature N/R 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 16 877 Natural Flow (cfs) 1740 Natural Flow (Month to Date) 295263 2008 Apr -Jul Runoff 17 1672 Mean Flow 52% Natural Flow 1138 Median Flow 77% Natural Flow For this Date in % of Mean For this Date in % of Median 18 7764 Max. on Record 146 Min. on Record 19 1906 Year of Occurrence 1924 Year of Occurrence 444440 Accum. Natural Flow (08 Water Year) 20 1606 First Point Flow 3185 First Point (Month to Date) 288239 Accum. First Point (08 Water Year) KERN RIVER FACTS & FIGURES: Between the measuring station at Kerrville and that at First Point, there are only four tributaries s A x E R s E i E L D any moment entering the Kern River. They are - (1) The South Fork; (2) Erskine Creek; (3) dodfish Creek; (4) Clear Creek. By far the most important one is the South Fork, which, above Produced by City of Bakersfield the measuring station at Onyx, drains an area of 530 square miles. Erskine, Bodfish and Clear Creeks Water Resources Department combined drain an area of about 30 square miles. (From Report on Monache Power Project, circa 1925) (661) 326 -3715 • B A K E R S F I E L D KERN RIVER (Q in 1,000 AcFt ) NUMBER % OF OF YEARS YEAR Q NORMAL 1 1961 87.4 19% 2 1924 92.6 20% 3 1977 95.6 20% 4 1931 98.1 21% 5 1976 108.8 23% 6 1990 113.3 24% 7 1934 116.1 25% 8 2007 123.4 26% 9 1972 127.7 27% 10 1959 130.6 28% 11 1898 135.3 29% 12 1988 162.0 35% 13 1960 168.5 36% 14 1992 179.2 38% 15 1964 182.9 39% 16 1994 191.0 41% 17 1928 193.7 41% 18 1900 196.9 42% 19 1949 209.9 45% 20 1987 211.4 45% 21 1913 211.7 45% 22 1899 213.7 46% 23 2002 215.3 46% 24 1929 219.5 47% 25 1966 219.9 47% 26 2004 222.0 48% 27 1955 224.8 48% 28 1930 232.6 50% 29 1926 232.8 50% 30 1989 234.4 50% 31 1948 240.0 51% 32 1971 244.5 52% 33 1968 248.3 53% 34 1947 249.6 53% 35 2001 250.3 54 36 1912 251.8 54 37 1999 252.6 64% 38 1981 252.7 54 39 1908 260.9 56% 40 1951 261.9 56% 41 1939 268.3 57% 42 1991 276.5 59% 43 1957 292.3 63% 44 1894 295.4 63% 45 1933 299.6 64% 46 1950 299.9 64% 47 2000 306.5 66% 48 1925 313.1 67% 49 1904 316.6 68% 50 1970 319.4 68% 51 2008 320.0 68;0 52 1921 321.3 69% 53 2003 325.1 70% 64 1953 329.6 71% 55 1923 332.5 71% 56 1918 334.8 72% 57 1919 343.0 73% 58 1935 350.6 75% 59 1910 352.1 75% 60 1964 354.1 76% (M Order of Magnitude) NUMBER % OF OF YEARS YEAR Q NORMAL 61 1905 366.4 78% 62 1896 372.9 80% 63 1975 386.2 83% 64 1902 389.6 83% 65 1946 390.7 849/6 66 1903 399.0 85% 67 1944 405.4 87% 68 1979 419.9 90% 69 1984 423.1 91% 70 1985 424.3 91% 71 1920 430.8 92% 72 1915 455.2 97% 73 1965 456.7 98% 74 1963 476.6 102% 75 1940 510.6 109% 76 1962 515.5 110% 77 1927 521.7 112% 78 1942 522.9 112% 79 1956 525.6 113% 80 1932 526.4 113% 81 1974 535.2 116% 82 1917 560.3 120% 83 1997 571.5 122% 84 1936 581.6 124% 85 1901 582.0 125% 86 1993 584.7 125% 87 1945 597.4 128% 88 1996 599.3 128% 89 1922 617.7 132% 90 1897 654.3 140% 91 1907 678.7 145% 92 1914 685.0 147% 93 1895 694.7 149% 94 1943 697.2 149% 95 1911 701.2 150% 96 1973 723.8 155% 97 2005 788.5 169% 98 2006 795.7 170% 99 1982 796.8 171% 100 1958 831.7 178% 101 1937 852.0 182% 102 1986 886.7 190% 103 1967 924.0 198% 104 1995 929.2 199% 105 1938 961.8 206% 106 1980 991.0 212% 107 1941 995.7 213% 108 1978 1,094.4 234% 109 1952 1,119.8 240% 110 1998 1,137.4 243% 111 1909 1,219.0 261% 112 1906 1,391.6 298% 113 1983 1,545.8 331% 114 1916 1,571.6 336% 115 1969 1,747.9 374% NATIONAL WEATHER SERVICE CLIMATE PREDICTION CENTER WEATHER OUTLOOK FOR JULY, AUGUST & SEPTEMBER 2008 Temperature • a 'a� EC 0 00 T x A y $ A O o 5 059033 i EC 3 THREE —MONTH OUTLOOK TEMPERATURE PROBABILITY C M R gsufl w ' QS O. S MONTH LEAD . "ra R.R.M YRLID JAS 20OB MADE ] 9 JUN 2008 N MCRx3 WELM a ncnx3 ecLOx Precipitation EC5 O o g T � 3 EC THREE —MONTH OUTLOOK PRECIPITATION PROBABILITY Er M.HQsrli$ug� O.5 MONTH LEAD R R_RML RQoY YRLID JAS 2006 "x n[nx2 eOR L MADE 79 JUN 2008 Water Board Meeting NEW BUSINESS July 9, 2008 A. Sand Removal Agreement with Granite Construction Company— For Board Approval SAND REMOVAL LICENSE AGREEMENT No. 08 -20 W.B. THIS NON - EXCLUSIVE LICENSE AGREEMENT, is made and entered into on by and between the CITY OF BAKERSFIELD, a charter city and municipal corporation ( "CITY" herein), and GRANITE CONSTRUCTION COMPANY, a California corporation, ( "CONTRACTOR" herein). RECITALS For valuable consideration, the receipt of which is hereby acknowledged, and in consideration of the agreements of CONTRACTOR set forth in this License Agreement, CITY gives to CONTRACTOR a non - exclusive license, revocable and terminable as provided in this License Agreement to use for the purpose of excavation and subject to the provisions set forth in this License Agreement, that certain real property, referred to as "premises" in this License Agreement, situated in Kern County, California, more fully described in Exhibit "A." Exhibit "A" is incorporated as part of this License Agreement as though fully set forth. The Kern River deposits sand in its channel as a natural result of its flow. CITY desires the removal of this sand in order to protect the River levees and to maintain the efficient flow of the River. The CITY has available aerial photos, profiles and cross - sections which show the desired River gradient, slope, and other physical features to be maintained. CONTRACTOR has access to such information during regular business hours at the Department of Water Resources for the City of Bakersfield. CONTRACTOR acknowledges that a certain slope and gradient are required to be maintained on the Kern River bed. CONTRACTOR has been given adequate information concerning the slope and gradient to be maintained in the area of allowed excavation under this License Agreement. CONTRACTOR will endeavor to maintain the slope and gradient as set forth in the following documents: Joint Kern County and City of Bakersfield "Kern River Plan" dated July, 1985. 2. City of Bakersfield's adopted "Kern River Channel Maintenance Program" dated September, 1985. CONTRACTOR acknowledges that he is fully aware of the CITY's "Kern River Channel Maintenance Program" and the necessity for protecting the environment in accordance with that program. CONTRACTOR understands that unnecessary or unreasonable destruction of plan and animal life, or unreasonable noise and pollution, are prohibited by said program and by this License Agreement. 5:12008 CONTRACTS\SandRemovaJ6 enseAgrGranite.DOC -- Page 1 of 8 Pages - NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR agree as follows: 1 • CONTRACTOR TO OBTAIN GOVERNMENTAL APPROVALS. CONTRACTOR shall, at its sole cost and expense, secure all necessary governmental approvals not already obtained as a precondition to the use of the premises for the purposes set forth in this License Agreement, including, without limitation, any required grading permits, and shall have provided copies of each to the CITY prior to CONTRACTOR's exercise of its rights under this License Agreement. 2• EXCAVATION OF MATERIALS. Provided CONTRACTOR has fully complied with the requirements of paragraph 1 ( "Governmental Approvals "), CONTRACTOR may use the premises from time to time during the period set forth in Agreement No. 08 -062 during the Allen Road improvements between Ming Avenue and Stoekdale Highway for the purpose of removing not more than the amount of materials, defined as river run sand and soil, set forth in Exhibit "A." All such excavation and removal shall be accomplished in full compliance with the terms and conditions set forth in this License Agreement. CONTRACTOR will furnish, at his own expense, all materials, equipment, and personnel necessary to carry out the terms of this License Agreement. 3. INGRESS AND EGRESS. During the term of this License Agreement only, CITY gives to CONTRACTOR a right -of -way for ingress and egress from the premises over such routes and at such access points as CITY may designate. CONTRACTOR assumes all responsibility and all liability for traffic control on or about the project or stemming from the activities set forth in this License Agreement including, but not limited to, traffic control along the roads at access points. No oil or other permanent road surfacing material shall be used on said right -of -way, and any roads constructed on the right -of -way shall be obliterated at the CONTRACTOR's sole expense upon termination of this License Agreement. CONTRACTOR shall, however, establish and maintain dust control practices within the premises and on any roads constructed to minimize wind blown sand and soil to the greatest extent possible. 4. EXCAVATION REQUIREMENTS. CONTRACTOR agrees that the premises shall be excavated and the materials removed to a depth not greater than those elevations designated in the "Kern River Channel Maintenance Program," that the sides of the excavated areas shall be cut to a slope not steeper than six -to -one (6 :1), and that the bottoms of the excavated areas shall be left in a level condition consistent with the grading slope charts at the completion of CONTRACTOR'S removal operations. S:12008 CONTRAC7S1 SandRemovalLicenseAgrG ran ite .DOC -- Page 2 of 8 Pages -- 5. PAYMENT. Compensation for all work, services, or products called for under this Agreement shall consist of a total payment of Zero Dollars ($0.00) which shall be paid as follows: Value of excavation and earthwork is equal to value of material. 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. 6. ADDITIONAL TAXES AND ASSESSMENT. Should the removal of the material from the premises be determined to be subject to sales or use taxes or should CONTRACTOR's operations on the premises result in any assessment or tax based upon the premise that the operations constitute a mining of materials or that a mineral reserve has been established upon the premises, CONTRACTOR agrees to pay all such taxes or to reimburse CITY, upon demand, for all such taxes paid by CITY on account of such charges or fees. This provision shall survive this License Agreement and remain in full force and effect for so long as any such assessment or tax shall be levied upon the premises. 7. PRESERVE FENCES. CONTRACTOR agrees to preserve the integrity of the existing fence or fences on or in the vicinity of the premises, if any, and CONTRACTOR further agrees that whenever any opening is made in any such fence, CONTRACTOR shall immediately install and maintain in such opening a gate or cattleguard of a type approved by the CITY. CONTRACTOR shall not authorize or permit anyone claiming under it to enter or leave the premises of any other property of CITY except through openings protected by gates. All gates and fences shall be kept closed at all times except when necessarily opened for passage. 8. PRESERVE HABITAT. CONTRACTOR agrees to use its best efforts to reasonably preserve and protect the River habitat including, but not limited to, vegetation and wildlife. In order to further the requirements of habitat protection, CONTRACTOR agrees that no excavation or other work shall take place within fifty (50) feet of all primary River levees as set forth in the "Kern River Channel Maintenance Program.,, 9. PRESERVE STRUCTURES.. CONTRACTOR agrees to protect levees, diversion works, pipelines and all other structures along the River, and assumes all responsibility and liability for damage to such structures. 10. CONTRACTOR INDEMNIFIES CITY. CONTRACTOR agrees to protect, defend, indemnify and hold CITY, its employees and officers harmless from and against any and all losses, claims, liens, demands and causes of action of every kind and character, including the amount of judgment, penalties, interest, court costs and legal fees incurred by CITY in defense thereof, arising in favor of any party, governmental agencies or bodies on account of taxes, claims, liens, debts, personal injuries to or death of persons, including employees of CITY and without limitation by enumeration, all other claims or demands of every character occurring or in any way incident to, in connection with or arising directly or indirectly out of the performance or nonperformance of CONTRACTOR hereunder, excepting only claims arising out of accidents resulting from the sole negligence or willful misconduct of CITY. SA2008 CONTRACTS1 SandRemovalLicenseAgrGranite .DOC -- Page 3 of 8 Pages -- CONTRACTOR further agrees to investigate, handle, respond to, provide defense for and defend any such claim, demand or suit at its cost and expense and agrees to bear all other costs and expense related thereto, even if such claim, demand or suit is groundless, false or fraudulent. 11. INSURANCE. In addition to any other insurance or bond required under this License Agreement, the CONTRACTOR shall procure and maintain for the duration of this License Agreement the following types and limits of insurance ( "basic insurance requirements" herein): 11.1. 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: 11.1.1. Provide coverage for owned, non -owned and hired autos. 11.2. 13road farm 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.- 11.2.1. Provide contractual liability coverage for the terms of this License Agreement. 11.2.2. Provide products and completed operations coverage. 11.2.3. Contain an additional insured endorsement in favor of the CITY, its mayor, council, officers, agents, employees and designated volunteers. 11.3. 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 designated volunteers. 11.4. 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. 11,5. 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 License Agreement, or SA2008 CONTRACTS \SandRemovabcenseAgrGranite.DOC -- Page 4 of 8 Pages -- insurance rated below Bests' A:VIi, must be declared prior to execution of this License Agreement and approved by the CITY in writing. 11.6. 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. 11.7. The insurance required hereunder shall be maintained until all work required to be performed by this License Agreement is satisfactorily completed as evidenced by written acceptance by the CITY. 11.8. 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 License Agreement. 11.9. 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 this License Agreement, and no additional allowance will be made therefor or for additional premiums which may required by extensions of the policies of insurance. 11.10. 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 License Agreement. 11.11. Unless otherwise approved by the CITY, if any part of the work under this License 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. 12. LIMITATION OF RIGHTS. This License is subject to all rights with respect to the premises that CiTY or its predecessors have previously granted or given to others, or that CITY reserves to itself, and CONTRACTOR, at its own expense, shall so use the premises and comply with and observe all reasonable and lawful limitations or requirements prescribed by the holder of any said rights for the protection of those rights. 13. TITLE DEFECT$. CONTRACTOR accepts as satisfactory to itself the title of CITY to the premises, each as to its respective ownership, and agrees that CiTY shall not be liable or responsible to CONTRACTOR in damages or otherwise by reason of any defects in or liens or encumbrances on CITY's title or any want of title in CiTY to the premises, or any portion of the premises. 5:12008 CONTRACT515andRemovalt ice nseAgrGranite.DOC -- Page 5 of 8 Pages -- 14° ASSIGNMENT. CONTRACTOR shall have no right to assign or transfer this License Agreement or any interest in this License Agreement, without the prior written consent of CITY, except that CONTRACTOR may, at any time and from time to time, exercise the license herein given through a subcontractor, but in such event CONTRACTOR shall remain primarily liable to CITY under this License Agreement, 15. UNEXPECTED WATER IN KERN RIVER CHANNEL. CONTRACTOR acknowledges that the Kern River Channel is subject to a flow of water at any time which would interfere with the ability of CONTRACTOR to exercise its rights under this License Agreement. CONTRACTOR agrees that CITY shall have no responsibility or liability to CONTRACTOR in any manner whatever as a result, directly or indirectly, of the presence of water in said channel. 16. PERFORMANCE BOND. To guarantee the full and complete performance by CONTRACTOR of the payments and other monetary obligations of CONTRACTOR, and the manner of the removal, restoration and remedial work required of CONTRACTOR in paragraphs 3 and 4, CONTRACTOR agrees, that any obligations under this contract are included in the faithful performance bond dated March 10, 2008 by CONTRACTOR for the Allen Road improvements between Ming Avenue and Stockdale Highway, Bond No, 8213 -47 -99 Federal Travelers F &D. 17. INDEPENDENT CONTRACTOR. The parties intend that CONTRACTOR, in performing the specified work, shall act as an independent contractor and shall have control of his work and the manner in which it is performed. CONTRACTOR is not to be considered an agent or employee of CITY and is not entitled to participate in any CITY benefits. CONTRACTOR shall take all precautions necessary , for the safety of and prevention of damage to property on or adjacent to the work site, and for the safety and prevention of injury to persons, including CITY's employees, CONTRACTOR's employees, and third persons on or adjacent to the work site. 18. INSPECTION RIGHTS. The CITY reserves the right to inspect the premises at any time to insure conformance with this License Agreement. 19. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this License 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 License Agreement. 20, 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. 21. TIME. Time is of the essence in this License Agreement. 22. HEADINGS. All paragraph or section captions are for reference only, and shall not be considered in construing this License Agreement. S:2003 CONTRACTS1Sw dRemovalLicenseAgr Granite -DOG -- Page 6 of 8 Pages -- 23. NOTICES. All notices, relative to this License Agreement shall be given in writing and shall be sent by certified or registered mail and be effective upon depositing in the United States mail. The parties shall be addressed as follows, or at any other address designated by notice: CITY: CITY OF BAKERSFIELD Water Resources Department 1000 Buena Vista Road Bakersfield, California, 93311 CONTRACTOR: GRANITE CONSTRUCTION COMPANY Local Office 3000 James Road Bakersfield, California 93308 Telephone No:. (661) 399 -3361 24, BINDING EFFECT. The rights and obligations of this License Agreement shall inure to the benefit of, and be binding upon, the parties to this License Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 25. TERMINATION. This License Agreement shall be terminated by any party giving thirty (30) days written notice of termination to any other party. 26. MERGER AND MODIFICATION. All prior agreements between the parties are incorporated in this License Agreement which constitutes the entire agreement. Its terms are intended by the parties as a final expression of their agreement with respect to such terms as are included herein and may not be contradicted by evidence of any prior agreement or contemporaneous oral agreement. The parties further intend this License Agreement constitutes the complete and exclusive statement of its terms and no extrinsic evidence whatsoever may be introduced in any judicial or arbitration proceeding involving this License Agreement. This License Agreement may be modified only in a writing approved by the Water Board and signed by all the parties. 27. CORPORATE AUTHORITY. Each individual executing this License Agreement represents and warrants that they are duly authorized to execute and deliver this License Agreement on behalf of the named corporation or entity, if any, and that this License Agreement is binding on said corporation or entity. 28. 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 License Agreement, and shall faithfully observe in all activities relating to or growing out of this License 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. SA2008 CONTRACTS\SandRemova-ILi eenseAgrGranite.DOC -- Page 7 of 8 Pages -- 29° EXECUTION. This License Agreement is effective upon execution. It is the product of negotiation and all parties are equally responsible for authorship of this License Agreement. Section 1654 of the California Civil Code shall not apply to the interpretation of this License Agreement. 30. TAX NUMBERS. "CONTRACTOR's" Federal Tax Identification No. 94- 0519552. "CONTRACTOR" is a corporation? Yes X No (Please check one.) IN WITNESS WHEREOF, the parties hereto have caused this License Agreement to be executed, the day and year first -above written. "CITY" "CONTRACTOR" APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT GRANITE CONSTRUCTION coMPANY By: FLORN CORE Water Resources Manager APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney Insurance: Attachment: Exhibit "A" 5:12008 CONTRACTS\ SandRemovabcenseAgrGranite.DOC Title: Vice President -- Page 8 of 8 Pages -- EXHIBIT "K Information concerning Granite's work plan as it pertains to Stream Alteration Agreement No. 2006- 0039 -R4, Provisions, is presented below. • Schedule: It is Granite's plan to begin excavation of material in the floodplain on or about June 23, 2006, and conclude within three months. The amount of material is approximately 97,000 cubic yards • Attached is a map showing the area from which material will be removed. • It is estimated approximately 25 acres will be disturbed in the operation of sand removal for the City of Bakersfield Channel Maintenance prograrn securing borrow material for the construction of the Allen Road project. • Arrangements have been made for all employees on site to receive training on the contents of the above referenced Agreement prior to beginning work. • FlauYin encing,: The limits of the work have been identified be a series of stakes marked borrow, painted green and flagged with blue and white material. • Threatened or Edangered Species: The area designated for the removal of material has received a Pre- activity clearance survey has been performed by qualified biologists. A copy is attached. No significant impacts to any sensitive species are expected. • Vegetation: Granite plans to leave all woody- stemmed plants with a All of four inches or greater undisturbed. If any are damaged, they will. be replaced as specified in the aforementioned agreement. • Stockpiling; Vegetation or Material: Granite's plan is to spread topsoil removed from the area along the levee roadway. The stockpile area will be such that it is stable and accidental discharge into the river will not occur. • Vehicles: Construction vehicle access will be limited to pre - determined corridors. • Re- vegetation PIan: The topsoil material previously stockpiled will be spread back over the excavated area upon completion of the excavation. A final report will be submitted after all excavation work is complete.. Figure t, Aerial photograph of the proposed pr(Iject site and vicinity. ID DATE 4U�� D CERTIFIC ''E OF LIABILITY I SU H -22 1 PRODUCER THIS CERTIFICATE IS ISSUED AS A RIATTER OF INFORMATION Mo8herry t Hudson ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE ',icense #0056112 HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR .i75 Auto Center Dr. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Watsonville CA 95076 __r PhosL (n:B31- 724 -3641 Fax:831- 724 -7574 INSURERS AFFORDING COVERAGE IdAIC€3 G IT C00 W iJCTION COMPi Watsonville, CA 95077 INSURER A: Valley Torte Insurance CO. INSURER B: INSURER C: INSURER D: INSURER E: THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT. TE;W OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LTR NOW TYPE OF INSURANCE POLICY NUMBER DATE E22 DATE 414VMDIM LIMITS GENERAL LIAULFTY X COMMERCIAL GENERALLIA131UTY CLAIMS MADE ® OCCUR �$ XCU Hazards GL 2088596727 DROAo FC04 PM DAMACR Ilea zoo mm e000m woi 10 ®01/06 10101 109 EACH OCCURRENCE s 2, ® 00,000 PREMISES (Ea occurcnco ) S 2,000,000 ABED EXP (Any cm paw) S NIL PERSONAL &ADbINJURY S 2,0001!000 X Contractual Liao GENERAL AGGREGATE Is 10,000 000 GEWL AGGREGATE LIMIT APPLIES PER: POLICY E PRO- JECT LOC PRODUCTS - COMPIOP AGG S 2,000,000 X AUT00001.2 X X X X LIABILITY ANY AUTO ALL OWNED AUTOS SCHEDULFO AUTOS HIRED AUTOS NON-OWNED AUTOS Contractual Liab BUA 2088596730 Pgn E80 rom wan io /oi 10/01/06 10/01/09 COMBINED SINGLE LIMIT (Eacccidontl s 2, ®® ®'000 BODILY INJURY (Per person) S BODILY INJURY° (Par oa donl) S PROPERTY DAMAGE (Pot Eaidont) S GARAGE UABILITY ANYAUTO �p g q ENE YO ®W� AUTO ONLY. EA ACCIDENT S OTHER THAN EAACC AUTO ONLY: AGG S II EJICESMURRELLA UABIUTV OCCUR f7 CLAIMS MADE DEDUCTIBLE RETENTION S �a pp�p @@ppIA� utl ®EC+�oSUlvtl E�pIL 1MO W nIRO FOR EACH OCCURRENCE 6 AGGREGATE S S S S WORKERS COMPENSATION AM EMPLOYERS' LIAOILITY ANY PROPRIETOR Ir�ARTTdER/L�JIECUTIVE OFFICERIMEMBEREXCLUDED? B doscaibo wsdar SPECIAL PROVISIONS botow 20 88596680 10/01/ 06 _ _ __ 1 ®/01/09 TORY LIMITS i ER E.L. EACH ACCIDENT II 2 000,000 E.L.DISEASE - IEAEMPLOYEE S 2,000,000 E.L. DISEASE •POLICY LIMN S 2 718 _170 U JOB 02121062 ALLEN ROAD IMPROVEMNTS BETWEEN KING AVENUE MD STOCKDALE CERTIFICATE HOLDER Cp ifi t) , y i ►mT�I�I�ay� CANCELLATION SHOULD ANY OF THE ABOVE DESCRIOEO POLICIES BE CANCELLED BEFORE THE EXPIRATIOI DATE THEREOF, THE ISSUING INSURER WILL 15101101==MAIL 30 DAYS miTTEN NOTICE TO THE CERTIFWATE HOLDER NAMED TO THE LEFT, S. F- r :5-° �� C ORIGINAL M Policy Number: GL 2088596727 VallerFarge Insurance Company Namedinsured: GRANITE CONSTRUCTION COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY CONTRACTORS (FORM This ond®r emenf modlflee Insurance provided udder ft 401I®wing: :;QM,1�r�*';�a.L CE'v'��ti�! lA,�IL'iY;-:�'✓ R.'a�:� �, -:r • •�i:ic�nal Irlsurec: City Of Bakersfield, its Mayor, Council, Officers, Agents, Employees and Volunteers C•�er�• OO�.��r�t ons. Job#2121062 Allen Road Improvements Between Ming Avenue and Stockdale Highway— Road Improvements/Bridge Work WHO 15 AN INSURED (Section 1) 09 amended to include as an insured ";d thE' person or organization •hown in the Schedule, but only with respect to i i i:y risi i3 out of "your work" for that insured by or for you. IT IS AGREED THAT THIS INSURANCE SHALL OPERATE AS PRIMARY INSURANCE AND NO OTHER INSURANCE SHALL BE CALLED ON TO CONTRIBUTE TO A LOSS HEREUNDER THIS INSURANCE POLICY WILL NOT BE CANCELLED, LIMITED, NON RENEWED, OR COVERAGE REDUCED UNTIL THIRTY (30) PAY2 AFTER RECEIPT BY THE ADDITIONAL INSURED NAMED ABOVE OF A WRITTEN NOTICE OF SUCH CANCELLATION, REDUCTION OF COVERAGE OR NON RENEWAL, IN THE EVENT OF CANCELLATION FOR NON - PAYMENT OF PREMIUM, TEN (10) DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN THE COMPANY VANES ANY RIGHT OF SUBROGATION AGAINST THE A90VE•SCHEOULED ADDITIONAL INSURED FOR WORK PERFORMED BY GRANITE CONSTRUCTION COMPANY. MCSHERRY & HUDSON BY Authorized ReproDentative DATE: 3/1212008 CG 20 10 19 85 Copyright Insumnce Services Office, Inc., 1984 c� � P U f CNA ?I may Number: SUA 2088596730 Valley Forge Insurance Company 7 Named Insured: GRANITE CONSTRUCTION COMPANY THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY ADDITIONAL WSL9R EDo - COMMERCIAL AUTO POLICY ThI@ @ndavoemant adds ahe fo11owing "AdditionA Insured" solely as respects vehicI @g owned or uoed by Granite Conotr uc Uon Company/ Additional Insured- �f ! ' �Cpuml: P11 ,nsiOr "�;�� �? �� ✓O ��f�`S Covered OpIsFaVonse Job #2121062 Allen Road Improvements Between Ming Avenue and Stockdale Highway — Road Improvements/Bridge Work IT IS AGREED THAT THIS INSURANCE SHALL OPERATE AS RI Y INSURANCE AND NO OTHER INSURANCE SHALL BE CALLED ON TO CONTRIBUTE TO A LOSS HEREUNDER THIS INSURANCE POLICY WILL NOT BE CANCELLED, LIMITED, NON RENEWED, OR COVERAGE REDUCED UNTIL THIRTY JIQLQM AFTER RECEIPT BY THE ADDITIONAL INSURED NAMED ABOVE OF A WRITTEN NOTICE OF SUCH CANCELLATION, REDUCTION OF COVERAGE OR NON RENEWAL. IN THE EVENT OF CANCELLATION FOR NON - PAYMENT OF PREMIUM, TEN (9 0) DAYS WRITTEN NOTICE OF SUCH CANCELLATION WILL BE GIVEN THE COMPANY Al ANY RIGHT OF SUBROGATION AGAINST THE ABOVE - SCHEDULED ADDITIONAL INSURED FOR WORK PERFORMED BY GRANITE CONSTRUCTION COMPANY. MCSHERRY & HUDSON BY Authorized Representative DATE: 3/9 s r:- r v o ORIGINAL WORKERS COMPENSATION AMD EMPLOYERS LIABILITY INSURANCE POLICY d _ra•,. ���.�r: �� > - 1• �:_c•rLr= ��1.�� c r�� �s �a�c�sFti�:�;r -c�.- F.;�.,:> We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You roust maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule. Determined at Audit. The additional premium for this endorsement shall be / % of the California workers' compensation premium otherwise due on such remuneration. Schedule ��ni= City of Bakersfield, its Mayor, Council, Officers, Agents, Employees and Volunteers C& vsd ©pePa$ ions. Job 42121062 r` Road ' _ . , Improvements � Avenue and Stockdale R oa m o d g e Work (1) This endorsement may be used to waive the company's right of subrogation against named third parties who may be responsible for an injury. (2) The sentence in ( ) is optional with the company. It limits the endorsement to apply only to specific jobs of the insured, (3) The premium charge shall be no less than 5% of the California workers' compensation premium otherwise due. This endorsement changes the policy to which it is attached and is effective on the date issued unless otherwise stated. (The information below is required only when chits endorsement is issued subsequent to preparation of the policy). Insured GkANrrE coN TRucTtoN coMPANY Insurance cpD any: Valley Forge Insurance COLT pany Policy No. OWC2098596680 McSherry & Hudson Date 3/12/2009 WC 04 -03 06 (Ed a -ga) I'1 '- rn h- r� OPMAL Water Board Meeting 9. NEW BUSINESS continued July 9, 2008 B. Domestic Water Mainline Extension Refund Agreement Assignment — For Board Information MAINLINE EXTENSION REFUND AGREEMENT CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT - DOMESTIC WATER The undersigned hereby assigns to: Neptune Company P.O. Box 27170, Seottsdale AZ 85255 -0136 all of its right, title and interest in and to the following described Water Extension Agreement: With: Dated: For Water facilities: Amount of deposit: Balance of deposit: Number of services: Number of hydrants: City of Bakersfield 05/04/1987 WB8702 PM 7919 $37,627.77 $18,813.80 NA NA Refund basis: The exclusive right to receive from the City of Bakersfield, on an annual basis, 2 %2 percent of the deposit to install facilities in compliance with Section C(2) of the Main Extension Rule, which is within the General provisions and definitions of said rules. The undersigned warrants that it is the owner(s) of said agreement free and clear of all claims, liens or encumbrances, and agrees to defend and hold the assignee harmless of and from all costs or claims arising out of any violation of this provision. Accepted: Universal Business Capital, LLC By: Ralph Scrimager, Mandging Member Accepted: Neptu mpa By: Bren Nerguizian, Manager Accepted: City of Bakersfield Dated: C2 Z-20 /08 Dated: 3z�/o-aj By: __ Dated: 6- 17° Water Board Meeting 9. NEW BUSINESS continued July 9, 2008 C. Resolution Approving an Application for Grant Funds for a Local Levee Evaluation Project under Proposition 84 — For Board Information RESOLUTION NO. A RESOLUTION OF THE COUNCIL OF THE CITY OF BAKERSFIELD APPROVING THE APPLICATION FOR GRANT FUNDS FOR A LOCAL LEVEE EVALUATION PROJECT UNDER PROPOSITION 84 WHEREAS, the Legislature and Governor of the State of California have provided funds for the program shown above; and WHEREAS, the State of California Department of Water Resources has been delegated the responsibility for the administration of this grant program establishing necessary procedures, WHEREAS, said procedures established by the California Department of Water Resources require a resolution certifying the approval of application by the applicants governing board before submission of said application to the State; and WHEREAS, the Applicant, if selected will enter into an agreement with the State of California to carry out the project; and WHEREAS, the project is required to comply with Federal Emergency Management Agency standards for Kern River Levees; and WHEREAS, project will evaluate Kern River Levees for which there is a Notice of Exemption from CEQA pursuant to Section 15061(b)(3). NOW, THEREFORE, BE IT RESOLVED, that the City Council for the City of Bakersfield (hereafter "Applicant "): 1. Approves the filing of an application for grant funds for the California Local Levee Assistance Program (Proposition 84); and. 2. Certifies that Applicant will comply with all of the terms and provisions of California Public Resources Code Section 75032; and 3. The City Council has complied with the California Environmental Quality Act (CEQA) and the local CEQA Implementation Procedures. No further environmental review is required; and 4. Appoints the Water Resources Manager or his designee as agent to prepare the necessary data, make investigations, sign certifications required as part of the application, and sign and file such application with the California Department of Water Resources. 1�05 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: NOES: ABSTAIN ABSENT: COUNCIL MEMBER CARSON, BENHAM, WEIR, COUCH, HANSON, SULLIVAN, SCRIVNER COUNCIL MEMBER COUNCILMEMBER COUNCIL MEMBER CITY CLERK AND EX OFFICIO Clerk of the Council of the City of Bakersfield I: . HARVEY L. FALL Mayor VIRGINIA GENNARO City Attorney