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HomeMy WebLinkAbout05/21/03CITY OF WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair '-' Harold Hanson CITY OF BAKERSFIELD WATER BOARD MEETING Wednesday, May 21, 2003 - 4:30 p.m. water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the March 19, 2003 Special Meeting for approval- For Board Review and Action 4. PUBLIC STATEMENTS 5. KERN RIVER LEVEE DISTRICT A. Reimbursement Agreement with Castle & Cooke, Inc. for Ming Avenue River Levee Extension - For Board Approval 6. REPORTS A. Kern River Operations Report 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information B. Extension of Oilfield Wastewater Disposal Contracts with ChevronTexaco - For Board Approval lOOO BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 WATER BOARD AGENDA MAY 21, 2003 Page 2 8. NEW BUSINESS A. Electrical Demand Reduction Program Participation - For Board Approval B. Agreement with California Department of Transportation to Re-locate Water Facilities on Rosedale Highway- For Board Approval C. Sand Removal Agreement with Castle & Cooke, Inc. for 40 acre "Recharge Park" site - For Board Approval D. Acceptance of Bill of Sale and Grant Deed from California Water Service Company for facilities related to the Northeast Bakersfield Water Supply Project - For Board Approval and Recommendation to City Council 9. MISCELLANEOUS 10. WATER BOARD STATEMENTS 11. CLOSED SESSION A. Conference with Legal Counsel- Anticipated Litigation: Initiation of Litigation Decision Pursuant to Subdivision (c) of Government Code Section 54956.9 (One Potential Case) B. Conference with Legal Coun§el - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. c.os s ss,o. Gen~ Bogart!- Water ResourCes Manager POSTED: May 16, 2003 S:\WB MINUTES 2003\WBAGENDAMay2103.doc Water Board Meeting May 21,2003 3. MINUTES A. Minutes of the March 19, 2003 Special Meeting for approval- For Board Review and Action MINUTES OF THE SPECIAL MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, MARCH 19, 2003 - 4:00pm Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1. CALL MEETING TO ORDER The meeting was called to order by Chairman Salvaggio at 4:00 p.m. 2. ROLL CALL Present: Chairman Salvaggio, Member Couch Absent: Member Hanson 3. TOUR A. Chairman Salvaggio recessed the meeting at 4:01 p.m. to tour the Northeast Bakersfield Water Supply Project. The meeting reconvened at the Water Resources Building Conference Room at 6:40 p.m. 4. MINUTES A. Minutes of January 22, 2003 Meeting for approval. Motion by Couch to approve the minutes. APPROVED, Hanson absent. 5. PUBLIC STATEMENTS None. 6. KERN RIVER LEVEE DISTRICT A. U.S. Corps of Engineers Inspection Report. Florn Core, Water Resources Director, briefly stated the inspection was in October and the findings by U.S. Corps of Engineers stated there were no significant changes, the levee was well maintained, and passed the inspection. No action taken. B. Ming Avenue River Levee Extension. (Reimbursement Agreement with Castle & Cooke California, Inc.) Gene Bogart, Water Resources Manager, gave a brief update and stated the south side of the river levee system will be completed when the extension from Ming Avenue to the 2800 Acres is constructed. That will protect all City properties south of the Kern River. Motion by Salvaggio to approve the draft agreement. APPROVED, Hanson absent. Bakersfield, California, March 19, 2003 - Page 2 7. REPORTS A. Kern River Operations Report. Mark Lambert, Engineer I, gave a brief update on the Kern River water supply outlook. No action taken. 8. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information Florn Core, Water Resources Director, gave a brief update regarding the Northwest Feeder Pipeline Project that we are working on with the Kern County Water Agency. The engineering design is close to completion. The pipeline runs from the Agency treatment plant at Golden State Avenue/Highway 99, west to Coffee Road, than north to Norris Road. A first draft of the principles of an agreement for water supply with the Kern County Water Agency was enclosed in the packet. Construction is scheduled to begin in September. No action taken. 9. NEW BUSINESS A. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol. Motion by Couch to approve the agreement. APPROVED, Hanson absent. 10. MISCELLANEOUS None. 11. WATER BOARD STATEMENTS Salvaggio requested staff inform the Water Board of the grand opening of the Northeast Bakersfield Water Supply Plant, and possibly schedule for the week of June 16~h. 12. CLOSED SESSION Motion by Couch to recess to Closed Session at 6:50 p.m. A. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Ker~n Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919. Chairman Salvaggio reconvened the special meeting at 7:18 p.m. Bakersfield, California, March 19, 2003 - Page 3 13. CLOSED SESSION ACTION Chairman Salvaggio announced there was no reportable Closed Session action. 14. ADJOURNMENT Chairman Salvaggio adjourned the meeting at 7:35 p.m. Mark Salvaggio, Chair City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting May 21,2003 5. KERN RIVER LEVEE DISTRICT A. Reimbursement Agreement with Castle & Cooke, Inc. for Ming Avenue River Levee Extension - For Board Approval Castle&Cooke CALIFORNIA, INC. Stephan }. DeBranch Vice President February 12, 2003 Mr. Gene Bogart Water Department City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 Re: Kern River Levee extension Dear Gene, In accordance with our conversation earlier today, I have enclosed three sets of construction plans for the Kern River Levee extension. These plans cover the construction of the levee extension westerly from the future intersection of Ming Avenue and Allen Road. I have also enclosed the Conditional Letter of Map Revision (CLOMR) dated January 30, 2003. As we discussed, we are currently in process with obtaining all of the necessary signatures on the original plans. It is my understanding that you will proceed, in the near future, with construction of the levee extension and will coordinate any necessary involvement with Harry Starkey at Berrenda-Mesa Water Storage District. Concurrently, we will be providing notice and coordinating this effort with the adjacem land owner, Bolthouse Farms. Please let me know if you have any questions or need additional information. At~er you have had a chance to review these plans, I will call to set a meeting so we can discuss this further and put together a construction schedule. (/St~p'h~ J. De-BFanch Vice President, Land Development cc: Tony Leggio, Bolthouse Farms Roger McIntosh Harry Starkey H:'dl3~lassey\Cormspondence\Cily of Bakersfield~Bogart-KRL ext.doc 10000 Stockdale Highway (93311) · P.O. Box 11165 ° Bakersfield, CA 93389-1165 ° (661) 664-6503 · Fax (661) 664-6042 Federal Emergency Management Agency Washington, D.C, 20~72 J.AN 3 0 2003 CERTIFIED MAIL ~ ~PLY ~FER TO: ~TU~ ~CEIPT ~QUESTED C~e No.: 02-~-1295R ~ Honorabl, H~oy Hall Comm~i~: Ci~ of Bakemfiel~ CA Mayor. Ci~ of Bake~fi~ld Communi~ No.: 06~77 1501 Tmxtun Awnue B~e~field, CA 93301 1 ~ De~ Mayor Hall: ~is res~nd~ to a r~ue~ ~at ~e F~eml Emergency M~agement Agency (FE~) commmt on effoc~ that a proposed project would have on fl~e effeefiw FI~ I~ce ~te Map (FI~ for your ~mm~i~ ia aceord~ce wi~ Pm 65 of~e Nation~ FI~ In,um~ Pro~ ~FIP) regulation. In a le~er dated July 29, 2002, ~. Josha Crowley, P.E., ~si~ Engineer, ~F Consulting, mque~ed FE~ ,val~t~ ~e eff~ ~at ~ns~ion ora pro~ Iev~ ~ong ~e Kern ~wr ~om All,n Road to appmximamly 8,5~ f~t domm would hav~ on ~ fl~d hmrd infomation ,horn on effeotive F~. ~1 ~ta 'requ~ to eompl~ o~ review of~is request for a Gondifion~ Le~er of Map Revision (CLO~) wer~ submi~ with I,R~ ~om ~. Cmwley. W~ reviewed ~ submi~ed dam ~d ~ dam reed to pmp~ ~e effective FI~ for your eommuni~ ~d dete~ined ~at ~e pro~s~ proj~t m~ts ~e minimum flo~plaln management cdteHa of~e ~IP. We ~lieve ~a~ if~e pro~sed proj~t is cons~ct,d ~ shorn on ~ ~wing entitled "Kern ~ver Levee Gons~ction Pl~s,' p~p~ed by McInmsh & A~ia~, da~ May 10, 2001, ~d ~ dam li~ ~low am remived, a revision to ~e ~ would ~ wmn~. ~ a result of~e pro~ proj~ ~ wid~ of~e Spocial FI~ ~a~rd A~ (SF~), ~e ~ ~at would be ~un~t~ by ~e flo~ hav~g a 1-~ment eh~ce of ~ing'eq~led or exc~ded Jn ~y givoa yo~ (brae fl~), will decree eomp~ m ~e eff~ctiw S~ wid~ ~ong ~e K~m ~ver ~m approximately 9,150 [~t down,~ ~ approximately 9,0~ f~t ~m~em of Allen Road. m~imum de~ in $F~ wide, approximately 160 fee~ will oe~ appmx~amly 9,0~ fe~ do~s~eam ofAtlen Ro~. Upon completion of~e projee~ your communi~ may submit ~e dam li~ ~low ~d r~uest ~at w~ make a Final dete~ination on rovising ~e effective FI~. = Detailed application and certification forms, which w~.n-e used in processing this request, must be used for requesting final revisions to tl.~e maps. Therefore, when the map revision request for the area covered by this ~etter is submitted,'Form l, entitled "Overview & Concurrence Form," must be included. (A copy of this form is enclosed.) · The detailed application and certification forms listed below may be requ/red if as-built conditions differ from the prel/minary plans. Ifrequired, please submit new forms (copies of which are enclosed) or annotated copies of[he previously submitted forms showing the revised information. Form 2, entitled "Riverine Hydrology & Hydraulics Form". Form 3, entitled "Riverine Structures Form" Hydraulic analyses, for as-built conditions, of the b~e flood, together with a topographic work map showing the revised floodplain boundaries, must be submitted with Form 2. · Effective September !, 2002, FEMA revised the fee schedule for reviewing and processinff requests for conditional and final modifications to published flood intbrmation and maps. In accordance with this schedule, the current fee for this map revision request is $3,800 and must be received before we can begin processing the request. Please note, however, that the fee schedule is subject to'change, and requesters are required to submit the fee in eff~t at the time of the submittal. Payment of this fe~ shall be made in the form ora cheek or money order, made payable in U.S. funds to the National Flood Insurance Prom-am, or by credit card. The payment must b~ forwarded to the following address: Federal Emergency Management Agency Fee-Charge System Administrator P.O. Box 3173 Mecdfield, VA 2:2116-3173 As-built plans, certifiexl by a registered prOfessional engineer, of all prOpoSed prOject elements · Community acknowledgm~mt of the map revision request An officially adopted maintenance and operation plan for the Kern River Levee. This plan, which may be in the form of a written statement fr~m the community Chief F.,xecutiv~ Officer, an ordinance, or other l~gislation, must describe the nature of the maintenance activities, the frequency with which they will be performed, and the ti'de ofthe lo~al community official who will be responsible for ensuring tha~ the malmenance activities am accomplished. After reeeiving appropriate documentation to show that the project has been completed, FEMA will initiate a revision to the FIRM. This CLOMR is based on minimum floodplain management criteria established under the NFIP. Your community is responsibl= for approving all floodplain development and for ensuring ali necessary permits required by Federal or State law have been received. State, county, and community officials, based on -knowledge of lo~al condition* and in the interest of safety, may set higher standards for construction in the SFHA. If the State, county, or community has adopted more restrictive or comprehensive floodplain management criteria, these criteria take precedence over the minimum NFIP ~riteri~. If you have any questions regarding floodplain management regulations for your community or the NFIP in general, please contact the Con~,;ultation Coordination Officer (CCO) for your community. Information on the CCO for YOur community may be obtained by calling the Chief, National Flood Insurance Program Branch, Flood Insurance and Mitigation Division of FEMA in Oakland, California, at (510) 627-7184. If you have any questions regarding this CLOM1L please call our Map Assistance Center, toll free, at 1-$77-FEMA MAP (1-$7%336-2627). Sincerely, Max H. Yuan, P.E.. Project Engineer For: Michael M. Grimm, Acting Chief Hazard Study Branch Hazard Study Branch Federal Insurance and Federal Insurance and Mitigation Administration Mitigation Administration : Enclosures The Honorable Pete Parra Chairman, Kern County - Board o f Supervisors Mr. Paul M. Rojas Publie Works Director City of Bakersfield Mr, Chartes Lackey Director Engineering & Survey Services County of Kern Mr. Josha Crowley, P.E. Design Engineer P.BE Consulting RECORDING REQUESTED BY AND FOR THE BENEFIT OF THE CITY OF BAKERSFIELD MAIL TO, CITY CLERK'S OFFICE CITY HALL 1501 TRUXTUN AVENUE BAKERSFIELD, CALIFORNIA 93301 CITY OF BAKERSFIELD CALIFORNIA DRAFT (PER~iqENT) FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, BERRENDA MESA WATER DISTRICT, A CALIFORNIA WATER DISTRICT hereinafter called "Grantor", hereby grants to the CITY OF BAKERSFIELD, a California Municipal Corporation, hereinafter called "GRANTEE", a non exclusive easement and right of way to construct, operate, maintain, repair, reconstruct, surface or pave, change the size of and remove levee improvements and appurtenant and necessary surface and subsurface structures and other equipment, in, under, across, over and upon those certain strips and parcels of land in the unincorporated area of Kern County, California, more particularly described as follows: SEE EXHIBITS "A" AND "B" ATTACHED HERETO AND INCORPORATED HEREIN This grant is subject to all existing conditions, restrictions, reservations, easements, servitudes and rights-of-way of record. IN WITNESS W~EREOF, the parties have executed this instrument this day of , 20 GRANTOR - BERRENDA MESA WATER DISTRICT PRESIDENT SECRETARY EXHIBIT "A" DRAFT LEVEE EASEMENT A parcel of land in Section 2, Township 30 South, Range 26 East, Mount Diablo Meridian in the unincorporated territory of the County of Kern, State of Califomia and more particularly described as follows: Beginning at the Southeast comer of said Section 2: 1. thence along the South line of Section 2, North 87°47'02'' West a distance of 2650.57 feet to the South quarter comer of Section 2; 2. thence along the South line of Section 2, North 89o47'02" West a distance of 2650.57 feet to the Southwest comer of Section 2; 3. thence North 00° 12'58" East a distance of 5.00 feet; 4. thence South 89047'02" East a distance of 486.16 feet; 5. thence North 47o53'20" East a distance of 47.33 feet; 6. thence North 00°12'58'' East a distance of 38.13 feet; 7. thence South 89o47'02'' East a distance of 27.06 feet; 8. thence South 00°12'58'' West a distance of 39.18 feet; 9. thence South 48o23'28" East a distance of 46.61 feet; 10. thence South 89o47'02" East a distance of 579.50 feet; 11. thence North 47°20'23'' East a distance of 47.76 feet; 12. thence North 00o12'58" East a distance of 37.50 feet; 13. thence South 89°47'02'' East a distance of 18.90 feet; 14. thence South 00°12'58'' West a distance of 37.50 feet; 15. thence South 46°54'27'' East a distance of 47.76 feet; 16. thence South 89o47'02" East a distance of 1247.60 feet; 17. thence North 45o00'00" East a distance of 42.27 feet; 18. thence South 89047'02" East a distance of 172.40 feet; 19. thence South 45°00'00'' East a distance of 42.59 feet; 20. thence South 89°47'02'' East a distance of 90.94 feet; 21. thence North 47020'23" East a distance of 47.76 feet; 22. thence North 00°12'58'' East a distance of 37.50 feet; 23. thence South 89°47'02'' East a distance of 19.52 feet; 24. thence South 00o12'58" West a distance of 37.50 feet; 25. thence South 46°54'27'' East a distance of 47.76 feet; 26. thence South 89o47'02" East a distance of 1086.37 feet; 27. thence North 49°38'24'' East a distance of 45.97 feet; 28. thence North 00°12'58'' East a distance of 40.10 feet; 29. thence South 89°47'02'' East a distance of 22.55 feet; 30. thence South 00o12'58" West a distance of 37.50 feet; 31. thence South 46o54'27" East a distance of 47.76 feet; 32. thence South 89o47'02" East a distance of 1099.69 feet; 33. thence North 46°31 '37" East a distance of 148.66 feet; 34. thence North 01°14'42'' East a distance of 214.93 feet; 35. thence South 88°45'18" East a distance of 5.0 feet to a point on the East line of Section 2; thence along said East line South 01o14'42" West a distance of 322.54 feet to the point of beginning. Said parcel contains 1.15 acres more of less. NO12'58"E oN0'12 58 E 5.00' S89'47'2"E 486 16' X ~1 __ TOE OF BANK ~ ~SW. C0R. SEC. 2, T. 30S.,R2~. P~N A ~80'47'2"E 18.90' '~ N0~2 58 E 37.50 ~k~¥~ S012 _~ _ ~ ..... ~ TOE OF BA q ~ A9 BANK ~ TOP OF BANK PLAN "C" TOE OF BANK ~ S89'47'2"E 19.52' N0~258 E 37.50 F BANK . PREPARED BY: Mclntosh A Associates ............ TO~ OF eANK Rle:'122~;1.dwg TAB Eosementl bXHIMI/ M PAGE ~ LEVEE EASEMENT ~°1 ~ ~'z ~ t I ~ N89'472 W 2650.57 ' -- PLAN 'E'," I I /N0~258 E ~.10 [ ~)] rxx~x ~ S88'~5'18"E OF m, ~.S0~258W37.50............... [~XN~ ~ LbVbb ~AbEMEN/ ~j~ BEGINNING ~~~~ TOE OF BANK~ / ca )~ ~l~' .... t. I ~ I TOE or BANK I PLAN 'F" ~LE~E EASEMENT / 0 ssg'47'2'E 1099.69' ~ ~J BANK~~ - R~ -- TOE OF PLAN PREPARED BY:McJntosh ~ Associates DRAFT PAOE2 OF2 ~2/3/o~ 1225kVOl.d~ IA~ [asement 2 Water Board Meeting May 21,2003 6. REPORTS A. Kern River Operations Report KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX May 1, 2003 40.0 , 1997-1998 ~ ' I242°/° A-J ~ ' 35.0 .............................. L ................ · .... ~ ............ J--- I 1996-1997 I 122O/o A_J ',, 30.0 ........................... · ....... ~ ........... ',100% of April 1 Average 20.0 ............. ,' ' 1999-2000 I ', 65% A-J ' Average ' 2002-2003 ,, 10.0 ...... 2001-2002 ,, 1998-1999 2000-2001 46% A-J 54% A-J !, 53% A-J 0.0 i November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT KERN RIVER NATURAL FLOW, REGULATED FLOW, & ISABELLA RESERVOIR STORAGE 2002 - 2003 WATER YEAR 5000 600,000 2608.25 Ft.) 550 000 4500 ................... 2603.91 Ft.) ~,~ ~_0~ pm Fnmty, N~w~mh~' ~¢ Isabella Storage 500,000 4000 ............................. '2599.~ Ft.) 450,000 25~.62 Ft.)~ 3500 ................................... Natural Flow 400,000 2589.60 Ft.)~ 3000 ](25~.27 Ft.).~ 2500 ...... ~' :(2578.53 Ft.)~ 250,000 2000 · ~ .......................... 2572.24 Ft.) ~ ..... 50,000 Ft.) Regulated Flow Oct-02 Nov-02 Dec-02 Jan-03 Feb-03 Mar-03 Apr-03 May-03 Jun-03 Jul-03 Aug-03 Current River Conditions Snowpa~c Status River Stages~'FEows Reserver Oata,fA~por~ sz~el[~te ImageS Station InLranma~'i~ Oatm {:~uei'v Tools PrL~ipita~t~on,tS~qaw Rlver,t~de Forecast, s Wa,~er Supply We~hel' ~ore~sts Texl~ Repar~ B120 (05/08/03 1421) Department of Water Resources California Cooperative Snow Surveys May 1, 2003 FORECAST OF UNIMPAIRED RUNOFF (in thousands of acre-feet) April-July Forecast April Percent 80% thru of Probability July Average Range NORTH COAST Trinity River at Lewiston Lake 890 135% Scott River near Fort Jones 260 130% SACRAMENTO RIVER Sacramento River above ~hasta Lake 390 131% McCloud River above Shasta Lake 480 120% Pit River above Shasta Lake 1150 106% Total inflow to Shasta Lake 2250 122% 2030 - 2550 Sacramento River above Bend Bridge 3120 124% 2820 - 3560 Feather River at Oroville 1820 97% 1600 - 2140 Yuba River at Smartville 1040 100% 930 - 1180 American River below Folsom Lake 1250 97% 1120 - 1420 N JOAQUIN RIVER Cosumnes River at Michigan Bar 145 112% 125 - 175 Mokelumne River inflow to Pardee 450 96% 410 - 520 Stanislaus River below Goodwin Res. 700 98% 630 - 800 Tuolumne River below La Grange 1150 93% 1050 - 1300 Merced River below Merced Falls 550 87% 510 - 620 San Joaquin River inflow to Millerton Lk 1020 81% 920 - 1160 TULARE LAKE Kings River below Pine Flat Res. 980 79% 880 - 1090 Kaweah River below Terminus Res. 225 78% 200 - 265 Tule River below Lake Success 44 68% 37 - 58 Kern River inflow to Lake Isabella 310 66% 280 - 360 NORTH LAHONTAN Truckee River,Tahoe to Farad accretions 225 83% Lake Tahoe Rise, in feet 1.3 90% West Carson River at Woodfords 47 85% East Carson River near Gardnerville 160 84% West Walker River below Little Walker 140 91% East Walker River near Bridgeport 52 80% Water-Year Forecast and Monthly Distribution Oct Aug Water 80% thru Feb Mar Apr May Jun Jul & Year Probability Jan Sep Range Inflow to Shasta 2575 480 695 820 750 400 280 470 6470 6220 - 6830 Sacramento, Bend 4385 750 1015 1225 1040 500 355 600 9870 9520 - 10390 Feather, Oroville 1590 370 565 640 720 320 140 185 4530 4290 - 4890 Yuba, Smartville 675 175 265 340 470 190 40 35 2190 2070 - 2350 American, Folsom 490 160 265 415 540 250 45 25 2190 2050 - 2370 Cosumnes, Mich. Bar 43 17 25 68 56 18 3 2 232 210 - 265 Mokelumne, Pardee 85 35 50 100 190 140 20 5 625 580 - 700 Stanislaus, Gdw. 140 55 95 155 320 190 35 10 1000 930 - 1120 Tuolumne, LaGrange 225 65 125 220 450 390 90 25 1590 1480 - 1770 rced, McClure 105 35 65 110 230 170 40 15 770 720 - 850 Joaquin, Mil. 175 60 110 160 420 330 110 35 1400 1290 - 1560 .ngs, Pine Flat 175 55 105 145 405 330 100 35 1350 1240 - 1480 Kaweah, Terminus 87 20 40 51 95 65 14 8 380 350 - 430 Tule, Success 43 8 16 18 18 6 2 2 113 105 - 130 Kern, Isabella 140 30 45 55 120 100 35 25 550 510 - 610 CUr~ehr. ~,er Co~aitlons Sr-~,wp~ St~.~ Riue~' Sl~ges,rF~ws Reservx:)tr ID~t~J~,~epor~ 5~eiEze Im.~ge~ Station Ini'um~lj~o~ Oara QaeY¥ Tools Pre~pit~t~on/~ow Rl~er/~Hde Forecasts W~ter Supply Weather ~'orecasts T~xl R~pa~s q~2,0UP (05/~5/03 ~006) DgPARTMENT OF WATER RESOURCES California Cooperative Snow Surveys WATER SUPPLY FORECAST UPDATE 2003 April-July Unimpaired Runoff (1,000 Acre-feet) May 1 %Avg May 13 %Avg Shasta Lake, total inflow average = 1849 90% Exceedence 2030 110% 2190 118% 50% Exceedence 2250 122% 2400 130% 10% Exceedence 2550 138% 2670 144% Feather River at Oroville average = 1870 90% Exceedence 1600 86% 1740 93% 50% Exceedence 1820 97% 1950 104% 10% Exceedence 2140 114% 2240 120% Yuba River near Smartville average = 1044 90% Exceedence 930 89% 1030 99% 50% Exceedence 1040 100% 1130 108% 10% Exceedence 1180 113% 1260 121% American River, below Folsom Lake average = 1282 90% Exceedence 1120 87% 1250 97% 50% Exceedence 1250 97% 1370 107% 10% Exceedence 1420 111% 1510 118% Mokelumne River, inflow to Pardee Reservoir average = 469 Exceedence 410 87% 450 96% i0% Exceedence 450 96% 490 104% .0% Exceedence 520 111% 550 117% Stanislaus River, below Goodwin Res. (blw New Melones) average = 716 90% Exceedence 630 88% 710 99% 50% Exceedence 700 98% 770 108% 10% Exceedence 800 112% 850 119% Tuolumne River, below La Grange Res. (blw Don Pedro) average = 1230 90% Exceedence 1050 85% 1180 96% 50% Exceedence 1150 93% 1270 103% 10% Exceedence 1300 106% 1410 115% Merced River, below Merced Falls (below Lake McClure) average = 633 90% Exceedence 510 81% 570 90% 50% Exceedence 550 87% 610 96% 10% Exceedence 620 98% 670 106% San Joaquin River, below Millerton Lake average = 1262 90% Exceedence 920 73% 1020 81% 50% Exceedence 1020 81% 1110 88% 10% Exceedence 1160 92% 1230 97% Kings River, below Pine Flat Reservoir average = 1234 90% Exceedence 880 71% 990 80% 50% Exceedence 980 79% 1080 88% 10% Exceedence 1090 88% 1180 96% Kaweah River, below Terminus Reservoir average = 290 90% Exceedence 200 69% 230 79% 50% Exceedence 225 78% 255 88% 10% Exceedence 265 92% 290 100% Tule River, below Lake Success average = 65 0% Exceedence 37 57% 48 74% Exceedence 44 68% 55 85% 10% Exceedence 58 89% 68 105% Kern River, inflow to Isabella Lake average = 470 90% Exceedence 280 60% 300 64% 50% Exceedence 310 66% 330 70% 10% Exceedence 360 77% 380 81% ISABELLA RESERVOIR DALLY OPERATIONS REPORT (All readings are for date of report (THURSDAY) as of 0001, except as noted.., cfs in italics) Date of Report: May 15, 2003 ISABELLA RESERVOIR 1 2567.88 Lake Elevation (ft.) 218337 Storage (AcFt) +1045 Change (AcFt) 1181 Inflow to Isabella (cfs) 2 568075 Storage Capacity 38% %of Capacity 244308 Normal Storage 89% %of Normal Storage For this Date 3 6967 Average Lake Area (Acres) 28098 Inflow(Month AcFt) 11425 Outflow(Month AcFt) 4 1061 North Fork Mean 1164 North Fork @ 0600 Hours 297619 Accumulative Inflow (02-03 WY) 5 562 Mean Outflow 544 Borel Canal 18 Main Dam Outlet 157439 Accum. Outflow(WY) 6 621 Outflow @ 0600 605 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours Hours 7 92 Lake Evap. (cfs) 0.46 Inches Evap. for 24 Hours 1043 Lake Evap. (Month AcFt to Date) 8 0 Spillway Discharge for 24 Hours PRECIPITATION AND TEMPERATURE 9 0.00 Inches of Precipitation at Isabella for 24 Hours 0.56 Inches of Precipitation at Isabella for Month 12.65 Seasonal Precip. Isabella 9.44 Normal for 134% Isabella Precip. (Season: Oct 1 through Sep 30) this Date % of Normal 1 0.00 Inches of Precipitation at Pascoe for 24 Hours 3.80 Inches of Precipitation at Pascoe for Month 2 38.30 Seasonal Precip. Pascoe 33.69 Normal for 114% Pascoe Precip. this Date % of Normal 3 20.9 Upper Tyndall Creek 18.6 Pascoe 13.8 (e) Wet Meadow 14 77 Isabella Maximum Temperature 0.15 Isabella Max. Precip. on Record For this Date 1973 Year of Occurrence 15 57 Isabella Minimum Temperature 232 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 6 1203 Natural Flow (cfs) 28711 Natural Flow (Month to Date) 84232 2003 Apr-Jul Runoff 17 2569 Mean Flow 47% Natural Flow 1943 Median Flow 62% Natural Flow For this Date in % of Mean For this Date in % of Median 8 9884 Max. on Record 372 Min. on Record 309008 Accum. Natural Flow (Water Year) 19 1969 Year of Occurrence 1977 Year of Occurrence 20 633 First Point Flow 12038 First Point (Month to Date) 168028 Accum. First Point (Water Year) -  ERN R/t/ER FACTS & FIGURES: B A K E R S F I E L'"~D The largest Kern River natural flow over recorded during tho spring snow melt period occurred on May 29, 1983, at 14,038 cfs. At 5:00 a.m. on May 29th, the Kern River North Fork peaked at 10,270 Produced by City of Bakersfield cfs while the mean flow of Kern River South Fork for May 29, 1983 was 2,843 cfs. Snow water content Water Resources at Upper Tyndall Creek (elev. 11,450 ft.) on May 29, 1983 registered an incredible 53.6 inches. (661) 326-3715 Water Board Meeting May 21,2003 7. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information B A K E R S F I E L D MEMORANDUM May 15, 2003 TO: CITY OF BAKERSFIELD WATER BOARD FROM: FLORN CORE, WATER RESOURCES DIRECTOR SUBJECT: NORTHWEST TREATED WATER FEEDER PIPELINE The Northwest Treated Water Feeder Pipeline project is a pipeline to transmit treated surface water from the Kern County Water Agency's existing water treatment facilities to areas in the northwest portion of the City of Bakersfield where groundwater quality problems persist. The Kern County Water Agency is the lead agency on the project. The participants are the City of Bakersfield Domestic Water System, California Water Service Co. and Vaughn Mutual Water Co. As reported in the past, the engineering design for the pipeline project has been moving ahead on schedule. A March 2003 progress report issued by the Kern County Water Agency, indicated the final plans and specifications would be completed in April 2003. At the May 5, 2003 Improvement District #4 (IDCh~) Advisory Committee meeting, the ID#4 staff verbally indicated the plans and specifications indeed have been completed. Also, that Agency staff will pursue bidding the project following the approval of an overall financial plan and signing of the project agreement. The financial plan is yet to be finalized, although the participants have received spreadsheets with indications of costs and payment methods. The execution of participants or purveyor contracts is yet to be completed. Drafts of the contracts have been circulated. Staff will continue to pursue timely resolution of these issues and press on to move the pipeline project to completion. Water Board Meeting May 21,2003 7. OLD BUSINESS B. Extension of Oilfield Wastewater Disposal Contracts with ChevronTexaco- For Board Approval NORTH KERN WATER STORAGE DISTRICT P.O. Box 81435 33380 Cawelo Avenue Bakersfield, CA 93380-1435 Bakersfield, CA 93308-9575 Administration Water Orders and Operations Telephone (661) 393-2696 Telephone (661) 393-3361 Facsimile (661) 393-6884 Telephone (661) 746-3364 April 3, 2003 Chevron Texaco City of Bakersfield Mr. Bruce Niemeyer Water Resources Department :::. ::' :.; Kern River Area Manager Attn: Gene Bogart 1546 China Grade Loop ! 000 Buena Vista Road Bakersfield, CA 93308-9700 Bakersfield, CA 93311 RE: Interim Letter Agreement Extending Existing Discharge Contracts The current discharge contracts, City of Bakersfield Number 99-211 with Texaco and City of Bakersfield Number 99-211 with Chevron, both expired December 31, 2002. In order to allow more time for the examination 'of a new contract, the current term of the contract is extended to June 30, 2003. It is understood that no other conditions change in the existing contracts. If the above correctly sets forth our understanding, please sign each of the three originals and return to our office and we will return a fully executed original to you. Very truly yours, DANA S. MUNN Engineer-Manager Chevron Texaco City of Bakersfield Mr. Bruce Niemeyer 4~ Gene Bogart C:\Callowaybackup'dM UNN',Texaco(Chewon)lnterimLetterAgrmtExtendingExistingDischarge63003 .wpd Water Board Meeting May 21,2003 8. NEW BUSINESS A. Electrical Demand Reduction Program Participation - For Board Approval DEMAND RELIEF PARTNERSHIP AGREEMENT (DRP) THIS AGREEMENT is dated this day of May , 2003 and is entered into, by and between: City of Bakersfield (client) and Ancillary Services Coalition, LLC (ASC) Water Resources Department 17602 17th St. 102-254 1000 Buena Vista Road Tustin, CA 92780 Bakersfield, CA 93311 In consideration of the mutual covenants set forth herein, THE PARTIES AGREE as follows: ARTICLE I DEFINITIONS AND INTERPRETATION Terms, when used with initial capitalization in this Agreement and the attached Schedules shall have the meanings set out below. The singular shall include the plural and vice versa. "Includes" or "including" shall mean "including without limitation." References to a Section, Article or Schedule shall mean a Section, Article or Schedule of this Agreement, unless another agreement or instrument is specified. Unless the context otherwise requires, references to any law shall be deemed referenced to such law as amended, replaced or restated from time to time. Unless the context otherwise requires, any reference to a "person" includes any individual, partnership firm, company, corporation, joint venture, trust, association, organization, or other entity in each case whether or not having separate legal identity. References to "Client" or "ASC" shall, unless the context otherwise requires, mean Client and ASC respectively and their permitted assigns and successors. "Business Day" means any Monday through Friday, excluding any day, which is a federal bank holiday. S:~003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 1 "Client" means the party entering into this Agreement, other than ASC, and for purposes of individual loads aggregate to form a Client, references to the Client in this Agreement shall include individual Load. "Committed Capacity" means the Load Reduction in Demand expressed in kW's set forth in Schedule 1, which must be at least two-hundred (200) KW that the Client agrees to Deliver in accordance with Dispatch Notices in a manner that reduces loadings on the ISO Controlled Grid, "Capacity Price" Non-Spin (10-minute notification) Capacity price is $10,500.00 per summer MW/month. Replacement (60-minute notification) Capacity price is $ 8,250.00 per summer MW/month. Capacity Price is set forth in Schedule 1. "Deliver" means to reduce Demand by an amount of Committed Capacity on the ISO Controlled Gdd pursuant to a Dispatch Notice. "Energy Price" For Non-spin and Reservation energy reduction is paid at $ 60.00 per MWh. "Dispatch Notice" means a notice issued for Peak Hours by ASC to the Client requesting the Client to provide the Requested KW of Committed Capacity under this Agreement. "Excess Energy Price" will be paid to clients willing to reduce their load in excess of the required 24 hours of curtailment each month. The excess energy is paid at $ 45.00 per MWh. "Fixed Price Amount" means the price at which Client has agreed to provide Committed Capacity during the Peak Period, expressed in S/KW-Month. The Fixed Price Amount is set forth on Schedule 1. S:~003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 2 "Load Reduction" means the provision of Committed Capacity through the reduction of Demand of at least the amount of KW specified in Schedule 1, such amount to remain applicable throughout the term of this Agreement. "Meter Data" is the only means by which the client's performance and compensation is based. Under no condition will ASC compensate clients without meter data. "Month" or "Monthly" means a calendar month. "Monthly Capacity Payment" means S/MW/Month June 1, 2003 through May 17, 2007 pursuant to Schedule 1. "Monthly Energy Payment" means $/MWh June 1, 2003 through May 17, 2007. "Non-Performance Payment Offset" means the capacity payment will be offset based on performance. (See Article 5.2) "Party" means either ASC or the Client and Parties means ASC and the Client. "Peak Hour" means an hour within Peak Hours. "Peak Hours" means each of the hours from 11:00 a.m. to 7:00 p.m. on any given Business Day during the Peak Period. "Peak Period" means the period from June 1 to September 30. "Requested KW" means the KW of Committed Capacity ASC requests the Client to Deliver pursuant to a Dispatch Notice. "Requested Operation Period(s)" means the consecutive Peak Hours specified in a Dispatch Notice during which ASC requests Delivery of Committed Capacity from the Client. A Requested Operation Period(s) shall commence with the Peak Hour specified by ASC in the Dispatch Notice and shall have a duration as so specified. S:~003 CONTRACTS~2003 ASC DRP LOAD Agreement.doc 5/15~2003 3 "Summer Month" means June, July, August and September. "Testing" ASC shall have the right to conduct random tests of this capacity no fewer than six (6) times per year. ARTICLE 2 TERM AND TERMINATION 2.1 Term. This Agreement shall become effective as of the date it is executed by the Parties and shall continue in full force and effect until terminated in accordance with the provisions of Section 2.2 of this Agreement or December 31, 2003, whichever is earlier. 2.2 Termination. This Agreement may be terminated: (a) By ASC in the event of default by the Client. (b) By the Client in the event of default by ASC. (c) By ASC in the event of CPA cancellation. (d) The CPA has the right to terminate the agreement between the CPA and ASC if ASC fails to pay Client in accordance with the terms of the ASC agreement between ASC and the client. Further, client Agreement may be assigned to any other provider who has entered into a Demand Relief Partnership Agreement with the CPA. 2.3 Effect of Expiration or Termination. Expiration or termination of this Agreement shall not affect the accrued rights and obligations of either Party, including either Party's obligations to make all payments to the other Party pursuant to this Agreement. 2.4 Termination Process. If either Party shall fail to perform any material obligation imposed on it by this Agreement or an ASC audit of the Client confirms that Client would have been unable to; or failed to Deliver the Committed Capacity in all Peak Hours in any Month that ASC did or did not issue a Dispatch Instruction, S:~003 CONTRACTS~2003 ASC DRP LOAD Agreement.doc 5/15/2003 4 at its option, the party not in default may terminate this Agreement by giving the Party in default notice setting out specifically the circumstances constituting the default and declaring its intention to terminate this Agreement. If the Party receiving the notice disputes the notice, it shall notify the other Party within five (5) business days after receipt of the notice setting out specifically the grounds of such dispute. Time is of the essence in remedying a default. If the Party receiving the notice does not respond, within five (5) business days after receiving the notice, the Party not in default can terminate this Agreement. The Party not in default shall have a duty to mitigate damages. ASC at its sole discretion may terminate this agreement with any client that fails to maintain their Committed Capacity as stipulated in Schedule 1. Termination of this Agreement shall be without prejudice to the right of the Client to collect any amounts due to it prior to the time of termination. ARTICLE 3 DISPATCH OF PROJECT 3.1 ASC's Right to Dispatch. Subject to the limitations set forth in this Agreement, ASC shall have the right to direct the dispatch of Committed Capacity from the Client up to twenty-four (24) hours per Month by issuing Dispatch Notices to Client. Each Requested Operation Period(s) under a Dispatch Notice issued under this Section 3.1 shall be of duration for two (2), four (4), or eight (8) consecutive hours. Duration shall be determined by the client and entered on Schedule 1 of this agreement. 3.2 Timing of Dispatch Notices. ASC may issue a Dispatch Notice at any time consistent with ASC's right to dispatch as set forth in section 3.1, and ASC will endeavor to issue Dispatch Notices for Demand Reduction only after declaration by ISO of a Warning/Stage Alert Hour in the ISO control. ASC will only issue Dispatch Notices for Demand Reduction at the top of a Peak S:~2003 CONTRACTS~2003 ASC DRP LOAD Agreement,doc 5/15/2003 5 Hour, unless system conditions on the ISO control grid and in the ISO control area require otherwise. Client a.qrees to be available to receive paged dispatch notices for Delivery of Contracted Load. It is the Clients responsibility to insure the operational status of the ASC's pager(s). ASC's cost of the pa~er'(s) rental'(s), and airtime'(s), shall be deducted from each recipients first compensation. ARTICLE 4 DELIVERY OF COMMITTED CAPACITY 4.1 Client's Delivery of Committed Capacity. (a) Subject to the limits in this Agreement the Client shall provide Committed Capacity in the amount of the Requested KW and for the full Requested Operating Period(s) specified in each Dispatch Notice within ten (10) minutes for Non-Spin and sixty (60) minutes or day ahead for Replacement of receipt of each Dispatch Notice. (b) The Client shall comply with the metering and related arrangements set forth in this Agreement. 4.2 Delivery Calculation. The amount of Committed Capacity delivered By the Client pursuant to any given Dispatch Notice shall be determined as outlined in Attachment A of this agreement. ARTICLE 5 BILLING AND SETTLEMENT 5.1 Payment. Commencing as of June 1, 2003 ASC shall pay the Client for each Month during the term of the Agreement a Monthly Capacity Payment equal to the Fixed Priced Amount less the Non-Performance Payment Offset for S:~003 CONTRACTS~2003 ASC DRP LOAD Agreement.doc ~ 5/15/2003 6 the corresponding Month calculated in accordance with Section 5.2. The Client shall not receive payment for Delivery of capacity in excess of Committed Capacity or Requested kW. 5.2 Non-Performance Payment Offset. Client shall be assessed a Non- Performance Payment Offset for any Month in which it fails to Deliver one hundred percent (100%) of the Requested kW for all Dispatch Notices issued for that month. The Non-Performance Payment Offset will be calculated as follows: (a) If the Client delivers on average equal to or greater than the Requested kW for all Dispatch Notices issued in any Month during the Peak Period, there will be no Non-Performance Payment Offset for that Month. (Participant paid 100% of capacity and 100% of energy without deduction for non-performance) (b) If the Client delivers on average between ninety percent (90%) and less than one hundred percent (100%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non-Performance Payment Offset for that Month will be twenty five percent (25%). (c) If the Client delivers on average between eighty percent (80%) and less than ninety percent (90%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non- Performance Payment Offset for that Month will be fifty percent (50%). (d) If the Client delivers on average between seventy percent (70%) and less than eighty percent (80%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non- S:~2003 CONTRACTS~2003 ASC DRP LOAD Agreement,doc 5/15/2003 7 Performance Payment Offset for that Month will be seventy five percent (75%). (e) If the Client delivers on average between zero percent (0%) and less than seventy percent (70%) of the requested kW for all Dispatch Notices issued in any Month during the peak period, the Non- Performance Payment Offset for that Month will be one hundred percent (100%). No compensation will be paid for less than seventy percent (70%) performance. Further ASC reserves the right to remove non performing participants from the aggregation. ARTICLE 6 COSTS Operating and Maintenance Costs. The Client shall be responsible for all its costs incurred in meeting its obligations under this Agreement for the Committed Capacity identified in Schedule 1. ARTICLE 7 REPRESENTATIONS AND WARRANTIES 7.1 Representations and Warranties of the Parties. Each Party represents and warrants that the execution, delivery and performance of this Agreement by . it have been duly authorized by all necessary actions, to the extent authorized by law. 7.2 Additional Representations and Warranties of the Client. The Client additionally represents and warrants to ASC as follows: (a) The Client is not a participant in any of the UDC interruptible and/or curtailable load programs or any other demand responsiveness or curtailable program. S:~003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 8 (b) The Client is a UDC bundled customer, a direct access customer or served by a California municipal utility. (c) The Client has a 15-minute interval meter approved by the Local Regulatory Authority. (d) The client will sign a Third Party Authorization allowing ASC to request meter data, Meter Pulse Service, and provide password access to interval data as may be available on a web database provided by the UDC. (e) A generator used under this program complies with the California Air Resource Board's Guidelines or is operated with natural gas. (f) The Client has all necessary leases, approvals, permits, licenses, easements, rights of way or access to install, own and/or operate its Load or will obtain them prior to the effective date of this Agreement ARTICLE 8 MISCELLANEOUS 8.1 Confidentiality. Each party shall hold this Agreement, all documents, data and information provided by the Parties to one another pursuant to this Agreement in strictest confidence, to the extent permitted by law. 8.2 Entire Agreement. This Agreement represents the entire understanding between the parties, and all pdor oral and written Agreements have been merged herein. 8.3 Beneficiary of A.qreement This Agreement shall inure to the benefit of, and be binding upon, the heirs, successors, transferees, and assignees of both parties. 8.4 Amendment of Aqreement. This Agreement may not be altered or amended except by an instrument in writing signed by both Parties. S:~2003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 9 8.5 Resolution of Controversy or Claim. The laws of the State of California shall govern this Agreement. These parties hereby agree that the only appropriate court for the resolution of any controversy that may arise over the interpretation or enforcement of this Agreement is the Superior Court of the State of California. 8.6 Attorney Fees. If any action is brought by either Party to enforce or seek damages for breach of any provision of this Agreement, the prevailing Party in such action, shall be entitled to recover, reasonable attorneys' costs and expenses incurred by the prevailing Party. 8.7 Authorized to Execute Aqreement. The individual executing this Agreement hereby represents that he or she is duly authorized to execute and deliver this Agreement on behalf of the Party for whom he or she executes it and that this Agreement is binding upon that party in accordance with its terms. IN WITNESS WHEREOF, this Agreement has been executed as of the date first above written. City of Bakersfield, Water Resources By: Name: Florn Core Title: Water Resources Director Ancillary Services Coalition, LLC. By: Name: Title: S:~2003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 10 SCHEDULE 1 COMMITTED CAPACITY AND FIXED PRICE AMOUNT DISPATCH DURATION: 4 hour increments/24 hours per month NON SPIN/RESERVATION: N/A FIXED PRICE AMOUNT: $8,250.00 per MW/month Accounts submitted under this Agreement: Committed Capacity (kW) Account # Meter # Description June July Aug Sept 4189277050 M07707 Olcese well #1 4189277015 X89940 Olcese well #2 4189277045 9337R6 Olcese well #3 4189277040 9337R5 OIcese well ff~, 4189277035 X89952 Olcese well #5 4189277030 9303R8 Olcese well #6 4189277025 9303R7 Olcese well #7 4189277020 9228R8 Olcese well #8 TOTAL COMMITTED CAPACITY (MW) 1.62 1.62 1.62 1.62 NON SPIN/RESERVATION: FIXED PRICE AMOUNT: S:~2003 CONTRACTS~2003 ASC DRP LOAD Agreement.doc 5/15/2003 11 SCHEDULE 2 NOTICES Name of Pdmary: City of Bakersfield Representative: Flora Core Representative: Mark Lambert Address: 1000 Buena Vista Address: Road City/State/Zip Code: Bakersfield, CA City/State/Zip Code: 93311 Email Address: fcore@ci.bakersfiel Email Address: d .ca .us mlambert@ci .bakersf ield.ca.us Phone Number: 661-326-3715 Phone: Fax Number: 661-852-2127 Fax Number: S:~003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 12 Attachment A Protocol for Measuring Capacity and Energy Section 4.2 of the Agreement references this protocol that establishes the standards for measuring delivered capacity when dispatched. When capacity is not dispatched in a particular month, the capacity shall be the capacity tested form time to time in accordance with this Agreement. The qualified end user's baseline for measuring delivered capacity will be calibrated to the load shape to account for the normal change in customer's load during the course of the day. The normalized load shape will be calculated hourly based on the average for the past ten workdays, excluding Saturdays and Sundays and curtailment days ~ excluding both the highest and lowest value for each hour. Delivered Capacity Example 1: Assume contracted energy is scheduled in the CAISO hour ahead market. Assume for the following period that a contracted energy schedule was issued in hour 12 for hours 15 through 16: Hour 9 10 11 12 13 14 15 16 17 18 10-Day Average 10 10 10 11 11 11 12 13 12 11 Metered Amount 1 1 1 1 1 1 12 12 9 1 1 9 11 Baseline N/A N/A N/A N/A N/A N/A 13.2'* 14.3'* N/A N/A Ne.qawatts N/A N/A N/A N/A N/A 12.2 13.3 N/A N/A All values in MWs The following procedure would compute the contracted energy reduced: First, Historical 10-day average excluding invalid dates is calculated. Second, Historical meter data for three Calibration Hours (which are the three hours before the notification) is calculated. Since the notification occurred in hour 12, the calibration hours would be~the three hours before- hours 9, 10 and 11. Third, the ratio of the average of the three calibration hours (11MW) to the 10-day average of the same three hours (10MW) is computed (11MW/10MW=1.1). Fourth, that ratio (1.1) is multiplied by the 10-Day Average for each curtailment hour to compute the Baseline Quantity (12 X 1.1 = 13.2 MW for hour 15). Fifth, the metered amount for such hour is subtracted from the baseline quantity to yield the demand reduction for the hour (12.2 MW = 13.2MW - 1 MW for hour 15). S:~2003 CONTRACTS~003 ASC DRP LOAD Agreement.doc 5/15/2003 13 A similar approach is used when the energy reduction is scheduled on a day ahead basis. In this case, the three calibration hours will be on the previous day. Delivered Capacity Example 2: Assume contracted energy is scheduled in the CAISO hour ahead market. Assume for the following period that a contracted energy schedule was issued in hour 12 for hours 15 through 16: Hour 9 10 11 12 13 14 15 16 17 18 10-DayAverage 10 10 10 11 11 11 12 13 12 11 Metered Amount 5 5 5 7 8 9 1 1 9 11 Baseline N/A N/A N/A N/A N/A N/A 6.0** 6.5** N/A N/A Ne,qawatts N/A N/A N/A N/A N/A 5.0 5.5 N/A N/A All values in MWs The same procedure would compute the contracted energy reduced: First, Historical 10-day average excluding invalid dates is calculated. Second, Historical meter data for three Calibration Hours (which are the three hours before the notification) is calculated. Since the notification occurred in hour 12, the calibration hours would be the three hours before - hours 9, 10 and 11. Third, the ratio of the average of the three calibration hours (5MW) to the 10-day average of the same three hours (10MW) is computed (5MW/10MW=0.5). Fourth, that ratio (0.5) is multiplied by the 10-Day Average for each curtailment hour to compute the Baseline Quantity (12 X .05 -- 6.0 MW for hour 15). Fifth, the metered amount for such hour is subtracted from the baseline quantity to yield the demand reduction for the hour (5.0 MW = 6.0MW - 1MW for hour 15). This example demonstrates the impact of having a reduced load on the morning of the curtailment call even though the 10-day average is sufficient to justify the contracted committed capacity. Sunday/Monday Procedure: Sunday-Monday 48-hour load profile would be computed for the previous 5 weekends. Then the average 48-hour load profile would be calibrated to the three reference hours on Sunday (HE 1100, 1200, and 1300). S:~003 CONTRACTS~2003 ASC DRP LOAD Agreement.doc 5/15/2OO3 14 Water Board Meeting May 21,2003 8. NEW BUSINESS B. Agreement with California Department of Transportation to Re-locate Water ' Facilities on Rosedale Highway- For Board Approval STATE OF CALIFORNIA * DEPARTMENT OF TRANSPORTATION EXHIBIT AMENDMENT TO UTILITY AGREEMENT EXAMPLE 13-EX-24 (REV 4/2002) (Form#) Page I of 2 Dist C__~o Rte K_~P E~A 06 KER 58 KP 79.9 440501 Federal Aid No.: N/A Owner's File: N/A FEDERAL PARTICIPATION: On the Project [] Yes [] No On the Utilities [] Yes [] No FIRST AMENDMENT TO UTILITY AGREEMENT NO. 06-1198.11 WHEREAS, the State of California, acting by and through its Departmem of Transportation, hereinafter called STATE and the City of Bakersfield, hereinafter called OWNER, have emered into that certain Utility Agreement No. 06-1198.11, dated July 11, 2001, which Agreement sets forth the terms and conditions pursuant to which OWNER has acknowledged review of STATE'S plans for the improvement including signalization of the Patton Way intersection and agreed to construction involving relocation/adjustment of OWNER'S domestic water supply facilities in the manner proposed to accommodate STATE's construction on Route Kern 58, Project No. 06-KER-58, KP 79.9, EA 440501; and, WHEREAS, based on actual bid s~ for proposed work, increased costs over and above those originally estimated at the thne of the execution of said Agreement were encountered; and, WHEREAS, it has been determined that, since expected costs of $12,000 have overrun the amount shown in said Agreemem by $2,250, and, WHEREAS, the apportioned liability based on bid items has changed, said Agreement shall be amended to show the revised estimated cost of the work to the STATE and OWNER, and, WltEREAS, the estimated cost to the STATE of the work to be performed under said Agreement was $9,500, and by reason of costs referred to above, the amended estimated cost to the STATE is $7,500, or 53%, and, WHEREAS, the estimated cost to the OWNER of the work to be performed under said Agreemem was $2,500, and by reason of costs referred to above, the amended estimated cost to the OWNER is $6,750, or 47%. NOW, THEREFORE, it is agreed between the parties as follows: 1. The estimated total cost of $12,000 as set forth in said Agreement is hereby amended to read $14,250, with the STATE paying actual cost based on the above percentages. 2. All other terms and conditions of said Agreement remain unchanged. EXHIBIT AMENDMENT TO UTILITY AGREEMENT EXAMPLE (Cont.) 13-EX-24 (REV 4/2002) (Form #) Pa~e 2 of 2 IN WITNESS WItEREOF, the parties hereto have executed this First Amendment to Utility Agreemem No. 06-1198-11 this __ day of ,2003. STATE: DEPARTMENT OF OWNER: CITY OF BAKERSFIELD TRANSPORTATION DEPARTMENT OF WATER RESOURCES By By Office Chief, Cemral Region Date Name/Title Date Right of Way ANTHONY D. MCDOWELL APPROVAL RECOMMENDED: By By District Office Chief Date Utility Coordinator Date Right of Way Right of Way DAVID SHERMAN JULES GOTTSCHALK DO NOT WRITE BELOW - FOR ACCOUNTING PURPOSES ONLY PLANNING AND MANAGEMENT TO COMPLETE UNSHADED FIELDS: UTILITY COMPLETES: ~ ,}~:!rlXi¢: DIST UNIT DIST EA JOB DESIGNATION FFY FA CODE AMOUNT ~3:~. ~, 054 ;~ 7,~ ~-,~':' ?g~. ' ",~t~,~:~?!>'%~:?' "i ..% EA FUNDING VERIFIED: REVIEW/REQUEST FUNDING: : Sign> Sign> Print> Sandy Hernandez Print> Jules Gottschalk R/W Planning and Management Date Utility Coordinator Date ~Distribution: 3 originals to R/W Accounting 3 originals returned to R/W Planning and Management STATE OF CALIFORNIA. DEPARTMENT OF TRANSPORTATION PAGE 1 OF 1 ,, NOTICE TO OWNER RW 13-4R (Rev. 9/96) O1`ICE 1'O OWNER, Dist. County Route KP(PM) E.A. 06 KER 58 KP 79.9 440501 Federal Aid No :N/A Number 06-1198.11 Owners File: NIA Date: 3128/03 I Freeway: [ ] Yes [X] No I This revision is acknowledged and REVISION NO.: 2 agreed to by the Owner refered to herein. By: DATED: To: City of Bakersfield Department of Water Resources 1000 Buena Vista Bakersfield, CA 93311 Attention: Pat Hauptman Because of the State Highway construction project on: 06- KER-58, KP 79.9, Highway 58 (Rosed~e. Highway), signalization and right turn channelization ottlae intersection at Patton Way, Which affects your following described facilities: Existing water facilities within the limits of the State's proposed construction on the south side of Highway 58. Yea ~-~ ~'~-~' .... .~-,-.~ '.--. . Th State's co ill dj t y fa ilities ........ ., ........ e ntractorw a us our water c as shown on the State's contract plan, Sheet U-1. Yc~r ..... ...,...~' .,,~...~......~~'~'~"~ ~,..,~.~' ~.~,,,~ .~,~ ..,..,c^' ...... ..o. The State's contract is scheduled to begin in June of 2003. The State of California's Project Engineer, Nick Esquive[, at telephone number (559) 488-4376 is to notify the City of Bakersfield's Patrick Hauptman, Water Resources Superintendent, at telephone number (661) 326-3715, and Matt Koelzer, California Water Service, at (661) 832-4236, ext 1026, 48 hours prior to start of work, and 2_~4 hours prior to subsequent restart when your work schedule is interrupted. . Liability for relocation of existing facilities will be allocated in accordance with the following proration: State liability is $7,500/14,250 = 53%, City liability is $6,750/14,250 = 47%. By J. MIKE LEONARDO DISTRICT DIRECTOR By ANTHONY D. MCDOWELL OFFICE CHIEF, CENTRAL REGION DAVID SHERMAN ResidemEngineer DISTRICT UTILITY COORDINATOR Permits THIS NOTICE DOES NOT CONSTITUTE A PERMIT. OBTAIN AN ENCROACHMENT PERMIT BEFORE STARTING WORK. Water Board Meeting May 21,2003 8. NEW BUSINESS C. Sand Removal Agreement with Castle & Cooke, Inc. for 40 acre "Recharge Park" site - For Board Approval AGREEMENT NO. 03-12 W.B. INDEPENDENT CONTRACTOR'S AGREEMENT FOR SAND REMOVAL THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and CASTLE & COOKE CALIFORNIA, INC. ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well qualified and a specialist in the field of excavation of earth and soil; and CONTRACTOR has need for earth fill material for street and road construction near Stockdale Highway and Jewetta Road. WHEREAS, CITY desires to have earth and soil removed from the 40 Acre "Recharge Park" to accommodate the construction of recreational facilities at the park. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: Outlined in attached Exhibit A, dated April 16, 2003. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR will 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 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. 3. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. 4. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2003 CONTRACTS\CASTLECOOKE,DOC - Updated - January 28, 2003 -- Page 1 of 7 Pages -- 5. 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. 6. 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. 7. 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. 8. 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 writing approved by the City Council and signed by all the parties. 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. 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. 11. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's s01e 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. 12. 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. iNDEPENDENT CONTRACTOR'S AGREEMENT S:~003 CONTRACTS\CASTLECOOKE.DOC - Updated-January 28, 2003 -- Page 2 of 7 Pages -- 13. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 14. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 15. 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 and name City as additionally insured ("basic insurance requirements") herein: 15.1 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: 15.1.1. Provide coverage for owned, non-owned and hired autos. 15.2 Broad form commercial .qeneral 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: 15.2.1 Provide contractual liability coverage for the terms of this Agreement. 15.2.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 15.3 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. 15.4 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2003 CONTRACTS\CASTLECOOKE,DOC - Updated - January 28, 2003 -- Page 3 of 7 Pages -- 15.5 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. 15.6 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. 15.7 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. 15.8 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. 15.9 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. 15.10 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. 15.11 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 CONTRACT©R. 15.12 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~003 CONTRACTS\CASTLECOOKE.DOC - Updated-January 28, 2003 -- Page 4 of 7 Pages -- 16. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this contract. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 17. 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 from, 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. 18. 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. 19. 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, California 93311 CONTRACTOR: CASTLE & COOKE CALIFORNIA, INC 10000 Stockdale Highway Bakersfield, CA 93311 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. 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 thls Agreement. INDEPENDENT CONTRACTOR'S AGREEMENT S:~003 CONTRACTS\CASTLECOOKE.DOC - Updated -January 28, 2003 -- Page 5 of 7 Pages 22. 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. 23. 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. 24. 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. 25. 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. 26. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 27. 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. 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 WATER BOARD CASTLE & COOKE CALIFORNIA, INC. By:. By: MARK SALVAGGIO Chair Type or Print Name:. Title: INDEPENDENT CONTRACTOR'S AGREEMENT. S:~2003 CONTRACTS\CASTLECOOKE.DOC - Updated - January 28, 2003 -- Page 6 of 7 Pages -- APPROVED AS TO FORM: ALAN DANIEL Deputy City Attorney By:. APPROVED AS TO CONTENT: CITY OF BAKERSFIELD WATER RESOURCES DEPARTMENT By: GENE BOGART WaterResources Manager Attachment: Exhibit A INDEPENDENT CONTRACTOR'S AGREEMENT ~ S:~003 CONTRACTS\CASTLECOOKE.DOC - Updated - Janua~/28, 2003 -- Page 7 of 7 Pages -- Castle&Cooke CALIFORNIA, INC. :'. Stephan J. DeBranch ' Vice President April 16, 2003 " Mr. Gene Bogart Water Resources City of Bakersfield 1000 Buena Vista Road Bakersfield, CA 93311 Re: Proposed 40 Acre Park Site/Material Excavation Dear Mr. Bogart, As follow-up to our previous conversation, this letter is to formalize our understanding regarding earthwork at the proposed 40-ace park site located at Stockdale Highway and Jewetta Avenue. Specifically, the removal of approximately 60,000 c.y. of material within the recharge pond/play field areas as shown on the attached plan. Our understanding is as follows: 1. City will allow approximately 60,000 c.y. ofonsitc soil to be removed by Castle & Cooke for its use. All work related to such removal to be performed by Castle & Cooke's .: contractor. 2. Castle & Cooke shall provide all surveying and engineering necessary to accomplish the above mentioned work. 3. The earthwork necessary for the material removal shall be to the lines and the grades (for excavation only) as approved by the City. It is contemplated that each recharge pond/play field area will have a "flat" grade and will require an average of approximately 2 feet of excavation. 4. Castle & Cooke will complete the above-mentioned work no later than August 1, 2003 unless as otherwise agreed to by both the City and Castle & Cooke. '.i Upon your review and agreement with the above, please acknowledge by signing below. We will set a time for a pre-job meeting upon receipt of your acknowledgement. We appreciate the opportunity to work cooperatively with the City in the development of the 40-acre park.  ~ Acknowledged by: Stephan J, DeBranch Gene Bogart Vice President, Land Development Water Resources Department H:W,i,tasseyV2or~spo~denceV2ity of Balce~fielchBogan-40~cresile.d oc 10000 Stockdale Highway (93311) · P.O. Box 11165 · Bakersfield, CA 93389-1165 · (661)664-6503 · Fax (661)664-6042 FXHI~IT A RIO VISTA / RECHARGE / PARK SITES 0 100 200 ~'~" - 4:1 , ~IS~IN~ ~ND WA~R~A~ ~ ~ VERi~Y OOA~S ~ r I0 VISTA PARK- SOCCER ~LDS/RECHARGE AREA '~ - =~.: ~ .~ o.~ ,~. o. CiTY OF BAKERSFIELD 2 OR~ g~W~N~ ~ g~~ ~ ..... O, , ' ~ ~=C~~~-..O..OX~-~.=~ WATER RESOURCES DEPARTMENT SITE PLAN o~ - ~ ~ c.~ ~: IF NOT ONE INCH ON ~ ~7~ - F~ I~ ~ ~ DWg riLe ~0. ~ ~ ~.~. ~ ~IS SHE~, ~U~ ~ % ~ .... ~ ~SlO~ DA~. DESORI~ION ~P. SC~ES ACCORDINGLY. '" "" Water Board Meeting May 21,2003 8. NEW BUSINESS D. Acceptance of Bill of Sale and Grant Deed from California Water Service Company for facilities related to the Northeast Bakersfield Water Supply Project - For Board Approval and Recommendation to City Council CALIFORNIA WATER SERVICE COMPANY 1720 NORTH FIRST STREET · SAN JOSE, CA 95112-4598 · (408)367-8200 May 6, 2003 ~r. Flora Core Water Resources Director Ci~ of Bakenfield 1000 Buena Vista Rd Bakersfield, CA 93311 Subject: Notice of Completion of Construction of Raw Water Pumping Plant Per Agreement No. 01-205 Dear Flora: In the CiW of Bakersfield letter to California Water Semite Company dated March 27, 2003, (Re: OPE~TIONS AND MAINTENANCE OF JOINTLY OWNED FACILITIES; AGREEMENT NO. 99-73(1) THE NORTHEAST BAKERSFIELD WATER SUPPLY AGREEMENT), the City acknowledges that construction of the ~em River Pumping plant has been completed and the facilities have been tested and are ready to be operated and that date of assumption of operations and routine maintenance shall be ~arch 14, 2003. This letter confi~s to the City of Bakersfield that const~ction of the pumping facilities described in detail in this letter, has been completed. To the best of Cai Water's knowledge and the knowledge of its consulting engineer BookmamEdmonston (BE), all construction work pertaining to the City's facilities, including punch list items, was completed prior to March 14, 2003 so that warranties on those facilities began on that date. Pumping plant facilities inspections were performed by Cal Water, BE and Contractor (Mingus Constructors, Inc, and their electrical and instrumentation subcontractor P&J Electric) on February 20, 2003 and March 6, 2003. The City's pumping plant facilities and equipment are completely functional and have been successfully tested. BE sent a confirmatory letter to the general contractor, Mingus Constructors, Inc. dated March 28, 2003, (with a copy to the City and Cai DISTRICT OFFICES: ANTELOPE VALLEY · BAKERSFIELD · BEAR GULCH · CHICO · DIXON · DOMINGUEZ · EAST LOS ANGELES · HERMOSA-REEK)NIX) · KERN RIVER VALLEY · KING CITY · LIVERMORE · LOS ALTOS SUBURBAN · MARYSVILLE · MID-PENINSULA · OROVlLLE · PALOS VERDES · REDWOOD VALLEY · SALINAS · SELMA · SOUTH SAN FRANCISCO · STOCKTON · VISALIA · WESTLAKE · WILLOWS CALIFORNIA WATER SERVICE COMPANY Mr. Flom Core Page 2 May 6, 2003 Water) notifying Mingus that the City's facilities were accepted by Cai Water, that the system was effectively put into operation on March 14, 200.3 and that the warranty period on the City's facilities began as of that date. Following is a list of pumping plant facilities and equipment, ownership of which was transferred to the City on March 14, 2003. The quantities listed herein are As-Built, and in some instances differ from those described in Cai Water's Reimbursement Agreement with the City: River Intake: 1. Twin 54-inch RCP intake pipelines (104 lineal feet each) Reservoir Pumps 2. The Reservoir Wet Well, including one 36-inch slide gate and electric actuator, galvanized steel grating, aluminum handrail, and miscellaneous instrumentation. 3. Two 40-HP, 4,500 gpm submersible pumps and associated intake and discharge piping installed in the Reservoir Wet Well. 4. 105 lineal feet of 36-inch steel pipe connecting the discharge side of the Reservoir Wet Well with the Open Sump Structure upstream of the traveling water screen. 5. 55 lineal feet of 36-inch steel pipe connecting the intake side of the reservoir Wet Well with the Open Sump Structure downstream of the traveling water screen. 6. The Raw Water Reservoir Inlet/Outlet Pipe, consisting of 224 lineal feet of 36-inch steel pipe connecting the discharge side of the Reservoir Wet Well with the reservoir. 7. The 72-inch reservoir inlet/outlet standpipe. 8. The 36-inch flowmeter, vault, and associated instrumentation. 9. The 36-inch butterfly valve, vault, and associated instrumentation. CALIFORNIA WATER SERVICE COMPANY Flom Core Page 3 May 6, 2003 CALM Pump 10. The CALM Wet Well, including galvanized steel grating, aluminum handrail, and miscellaneous instrumentation. 11. One 40-HP, 100 gpm submersible pump and associated intake and discharge piping installed in the CALM Wet Well. 12.21 lineal feet of 184nch steel pipe connecting the CALM Wet Well with the Open Sump Structure downstream of the traveling water screen. 13. The CALM discharge line. Consists of approximately 20 lineal feet of 44nch steel pipe, a check valve, a butterfly valve, two air release valves, a propellor- type flowmeter, miscellaneous instrumentation, and a 6-inch PVC pipe connecting to the existing CALM pipeline. Enclosed with this letter of Notice of Completion is a Bill of Sale and Grant Deed to be executed by the City for the above-cited facilities. Cal Water acknowledges and thanks the City for its cooperation and support in accomplishing this very important project. Please let me know if you have any questions. Sincerely, Robert R. Guz~.etta Vice President Engineering and Water Quality RECORDING REQUESTED BY AND WHEN RECORDED MAlL TO: City of Bakersfield Property Management Dept. 1501 Truxtun Avenue Bakersfield, CA 93301 MAIL TAX STATEMENTS TO: Same A.P.N . BILL OF SALE AND GRANT DEED The undersigned grantor(s) declare(s): Documentary transfer tax is $ -0- Transfer to exempt governmental agency (Revenue & Taxation Code § 11922) [ ] Unincorporated area County of Kcm FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, CALIFORNIA WATER SERVICE COMPANY, a California public utility water corporation, hereby GRANTS AND CONVEYS to CITY OF BAKERSFIELD, a municipal corporation and charter city, the following described equipment, and to the extent such equipment may be construed to be a fixture to real property, all real property interest therein. The equipment conveyed is described as follows: River Intake: 1. Twin 54-inch RCP intake pipelines (104 lineal feet each) Reservoir Pumps: 2. The Reservoir Wet Well, including one 36-inch slide gate and electric actuator, galvanized steel grating, aluminum handrail, and miscellaneous instrumentation. 3. Two 40-HP, 4,500 gpm submersible pumps and associated intake and discharge piping installed in the Reservoir Wet Well. 4. 105 lineal feet of 36-inch steel pipe connecting the discharge side of the Reservoir Wet Well with the Open Sump Structure upstream of the traveling water screen. 5. 55 lineal feet of 36-inch steel pipe connecting the intake side of the reservoir Wet Well with the Open Sump Structure downstream of the traveling water screen. 6. The Raw Water Reservoir Inlet/Outlet Pipe, consisting of 224 lineal feet of 36-inch steel pipe connecting the discharge side of the Reservoir Wet Well with the reservoir. 7. The 72-inch reservoir inlet/Outlet standpipe. 8. The 36-inch flowmeter, vault, and associated instrumentation. 9. The 36-inch butterfly valve, vault, and associated instrumentation. CALM Pump: 10. The CALM Wet Well, including galvanized steel grating, aluminum handrail, and miscellaneous instrumentation. 11. One 40-HP, 100 gpm submersible pump and associated intake and discharge piping installed in the CALM Wet Well. 12.21 lineal feet of 18-inch steel pipe connecting the CALM Wet Well with the Open Sump Structure downstream of the traveling water screen. CALM Discharge Line: 13. Consists of approximately 20 lineal feet of 4-inch steel pipe, a check valve, a butterfly valve, two air release valves, a propellor-type flowmeter, miscellaneous instrumentation, and a 6-inch PVC pipe connecting to the existing CALM pipeline. The real property on which such facilities and equipment has been installed is located in those certain easements conveyed by the County of Kern, a political subdivision of the State of California, to the City of Bakersfield, a municipal corporation and charter city, by that certain NON-EXCLUSIVE EASEMENT FOR WATER FACILITIES AND ACCESS recorded September 29, 1998, as Document #: 0198132483 of Official Records of Kern County, California. 'Dated: April 23, 2003 CALIFORNIA WATER SERVICE COMPANY, a Califomia publi~~, B y: // .,~~v Robert R. GeT~rz. zetta, Vice President Engineering and Water Quality /ffName and Title) By: //~:: ~ ~//A~$ Pau~G! Ekstrom, ~2orporate Secretary (Name and Title) STATE OF CALIFORNIA ) ) SS COUNTY OF SANTA CLARA ) On April __, 2003, before me, a Notary Public in and for said State, personally appeared and , (known to me) on the basis of satisfactory evidence) to be the persons whose names are subscribed to the within instrument and acknowledges that they executed the same. WITNESS my hand and official seal. Signature [Notarial Seal] CERTIFICATE OF ACCEPTANCE THIS IS TO CERTIFY that the interest in real property conveyed by the Bill of Sale and Grant Deed dated April __, 2003 from California Water Service company, a California public utility water corporation, to the City of Bakersfield, a political corporation and/or governmental agency, is hereby accepted by order of the Council of the City of Bakersfield on , and the grantee consents to recordation thereof by its duly authorized officer. DATED: By: Mayor of the City of Bakersfield Water Board Meeting May 21,2003 11. CLOSED SESSION A. Conference with Legal Counsel- Anticipated Litigation: Initiation of Litigation Decision Pursuant to Subdivision (c) of Government Code Section 54956.9 (One Potential Case) Water Board Meeting May 21,2003 11. CLOSED SESSION B. Conference with Legal Counsel - Existing Litigation Closed Session Pursuant to Government Code Section 54956.9(A) North Kern Water Storage District vs. Kern Delta Water District, et al, Tulare County Superior Court Case No. 96-172919.