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HomeMy WebLinkAbout03/19/03City of Bakersfield Water Board Meeting of March 19, 2003 Water Resources File Copy CITY OF ..j~..~: ' .,.~_ WATER BOARD '*+ Mark C. Salvag~o, Chair David Couch, Vice Chair Harold Hanson NOTICE OF SPECIAL MEETING OF THE CITY OF BAKERSFIELD WATER BOARD Notice is hereby given that the regular meeting of the City of Bakersfield Water Board scheduled for Wednesday, March 19, 2003, to be held at the Water Resources Building Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311, at 4:30 p.m. has been changed and will be held at 4:00 p.m. Water ~esourqes Manager POSTED: March 14~ 2003 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Itarold Itan~on NOTICE OF SPECIAL MEETING OF THE CITY OF BAKERSFIELD WATER BOARD Notice is hereby given that the regular meeting of the City of Bakersfield Water Board scheduled for Wednesday, March 19, 2003, to be held at the Water Resources Building Conference Room, 1000 Buena Vista Road, Bakersfield, CA 93311, at 4:30 p.m. has been changed and will be held at 4:00 p.m. w~ene Bo~artater ~ResourqeS Manager POSTED: March 14, 2003 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 ° (661) 326-3715 CITY OF WATER BOARD Mark C. Salvaggio, Chair David Couch, Vice Chair Harold Hanson CITY OF BAKERSFIELD SPECIAL WATER BOARD MEETING WEDNESDAY, March 19, 2003 - 4:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA 1. CALL MEETING TO ORDER 2. ROLL CALL 3. TOUR A. Tour of the Northeast Bakersfield Water Supply Project. (Reconvene at Water Resources Building Conference Room - Approximately 5:30 p.m.) 4. MINUTES A. Minutes of the January 22, 2003 Meeting for approval- For Board Review and Action 5. PUBLIC STATEMENTS 6. KERN RIVER LEVEE DISTRICT A. U. $. Corps of Engineers Inspection Report. B. Ming Avenue River Levee Extension. 7. REPORTS A. Kern River Operations Report. 8. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information 1000 BUENA VISTA ROAD · BAKERSFIELD, CALIFORNIA 93311 · (661) 326-3715 WATER BOARD AGENDA Page 2 MARCH 19, 2003 9. NEW BUSINESS A. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol - For Board Review and Action 10. MISCELLANEOUS 11. WATER BOARD STATEMENTS 12. CLOSED SESSION A. 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. 13. CLOSED SESSION ACTION 14. ADJOURNMENT Gwea tne r~n~~°~ Manager POSTED: March 14~ 2003 Water Board Meeting of March 19, 2003 3. TOUR A. Tour of the Northeast Bakersfield Water Supply Project. (Reconvene at Water Resources Building Conference Room - Approximately 5:30 p.m.) B A K E R S F I E L D MEMORANDUM (White paper due to photographs) March 14, 2003 TO: Gene Bogart, Water Resources Manager FROM: Florn Core, Water Resources Director SUBJECT: Northeast Bakersfield Water Supply Project - Construction Progress The Northeast Bakersfield Water Supply Project is to bring high quality Kern River drinking water to the citizens of northeast and central Bakersfield, as well as provide the catalyst for orderly development of the dry foothills on the eastside. The project began with the City constructing a Kern River turn-out structure, located below the California Living Museum. The entire project, a public-private cooperation between California Water Service Co. and the City, includes a river pumping station, two adjoining reservoirs, the purification/filtration plant and distribution pipelines to and from the purification plant. The Cai Water/City Kern River pumping plant and the City reservoirs have been completed, the Cai Water Treatment Plant and Cai Water pipelines should be finished in April, 2003. The Kern River Pumping Plant, located just east of the reservoirs will move Kern River water through the 54" raw water pipeline that extends from the pumping plant, crosses Alfred Harrell Highway, follows the bike path southerly until turning east at the PG&E substation and continuing on until it reaches the Cai Water purification/filtration plant. C.A.L.M. Vertical turbine pumps located inside PrimI) Plant . ~ Kern River Pumping plant Phase two of the reservoir construction, the liner installation blanketing the bottom and sides of the two raw water reservoirs is ~- Liner finished. The liner is a geomembrane (flexible . ..~ ~ polypropylene) seal to prevent leakage. ~. Kern' R:~ve~ East Reservoir Kern River Pump Plant located back upper left Page - 2 - Northeast Bakersfield Water Supply Project The California Water Service Co. Bakersfield Treatment Plant is 95% complete. Construction of the major buildings have been completed. A state-of-the-art micro filtration system, using membrane technology is on site and will be installed this month. All underground piping is complete. The plant will undergo an initial start-up and demonstration in April 2003. This will analyze the facilities for any adjustments prior to officially serving City residents in May 2003. Cai Water is currently completing the Adjusting the ~qow through the sluice gate installation of almost 7 miles of transmission and distribution water pipelines that range in size from 18" to 54" in diameter. That portion of Typical sluice gate pipeline along Alfred Harrell (le~) Highway and the major transmission The sluice gates control lines along Paladino, Morning and the watercommunication between each of the Panorama Drive have been reservoirs and the completed. The last of the pipeline is reservoirs and the river being installed along Auburn with the connection to the water tanks at Fairfax and Auburn and the connections from the pipeline to the Panorama tanks near Columbus scheduled to be completed in two weeks. Minor traffic lane disruptions are expected on these streets during this installation period. Interior office Cal Water Treatment Plant Pipeline construction Preparing trench for pipeline amid other existing utility pipelines Water Board Meeting of March 19, 2003 4. MINUTES A. Minutes of the January 22, 2003 Meeting for approval- For Board Review and Action MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD WEDNESDAY, JANUARY 22, 2003 - 4:30pm 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 4:35 p.m. 2. ROLL CALL Present: Chairman Salvaggio, Members Couch, Hanson Absent: None 3. APPROVAL OF NOVEMBER 13, 2002 SPECIAL MEETING MINUTES Motion by Hanson to approve the Minutes of the special meeting of November 13, 2002. APPROVED 4. PUBLIC STATEMENTS A. Renee Nelson, Project Manager, Kern Recreation Camp, spoke regarding a draft agreement to replace water in a proposed delineated wetlands. She stated the project has been approved by the Kern County Planning Commission and additional permits are being obtained. She will be available to answer questions. Salvaggio requested Ms. Nelson advise the Water Board if the Regional Water Quality Control' Board will be involved, to determine the possibility of conflict of interest. 5. KERN RIVER LEVEE DISTRICT OPERATIONS REPORT A. ENCROACHMENT PERMIT ON EMPIRE DRIVE Florn Core, Water Resources Director, stated the Water Department as the Kern River Levee District has been requested to review a project that involves installation of an esthetic fountain at the Kern River Levee. Staff will further review the requested modification. No Action Taken. 6. KERN RIVER OPERATIONS REPORT Steve Lafond, Hydrographic Supervisor, gave a report and referenced charts. NO Action Taken. Bakersfield, California, January 22, 2003 - Page 2 7. OLD BUSINESS A. NORTHEAST BAKERSFIELD WATER SUPPLY PROJECT Florn Core, Water Resources Director, gave a brief update and displayed the material used for the reservoir liner. A tour of the project will be scheduled for the Water Board meeting of March 19, 2003 at 4:00 p.m. Couch requested staff compile chronological information of the project for the Board members. No Action Taken. B. UPDATE ON REQUEST TO KERN COUNTY WATER AGENCY FOR TREATED WATER TO SERVE NORTHWEST BAKERSFIELD Florn Core, Water Resources Director, stated the Kern County Water Agency has engaged Boyle Engineering to complete the plans and specifications for construction of this pipeline, bids go out in March and construction to begin in the summer. This project is on schedule. No Action Taken. 8. NEW BUSINESS A. DRAFT ORDINANCE ADDING NEW CHAPTER REGULATING LAND APPLICATIONS OF BIOSOLIDS WITHIN CITY LIMITS Florn Core, Water Resources Director, stated the City does not have an ordinance addressing Biosolids, an ordinance has been prepared by the City Attorney's office, and gave an explanation of the draft ordinance. Motion by Couch to forward the ordinance to the City Council for adoption and requested staff delineate changes made in the draft ordinance from the final ordinance. APPROVED B. AGREEMENT WITH CALIFORNIA WATER SERVICE COMPANY FOR LAND LEASE AND COMMON USE OF WATER FACILITIES Florn Core, Water Resources Director, stated the City was planning on building a storage tank and booster pump facilities at Norris and Coffee Roads, this agreement will allow the City to work jointly with California Water Service at this location for operation of the tanks, facilities, sharing power costs and water, with cost savings to both parties. Couch requested staff include in the Administrative Report that money will be saved. Motion by Hanson to forward the agreement with California Water Service Company and appropriation of monies to the City Council for approval Bakersfield, California, January 22, 2003- Page 3 8. NEW BUSINESS continued C. PARTICIPATION IN ANNUAL WATER AWARENESS PROGRAM WITH BAKERSFIELD CONDORS Florn Core, Water Resources Director, stated the City, California Water Service, Kern County Water Agency and the Water Association of Kern County have participated in the annual water awareness program with the Condors for the past several years and requested participation again this year. Motion by Hanson to participate in the Annual Water Awareness Program with Bakersfield Condors. APPROVED D. DOMESTIC WATER DIVISION RATE SCHEDULE Gene Bogart, Water Resources Manager, stated there has not been a rate increase in a year and half, this year we are looking at an increase in the standby charge of approximately one dollar per house, per month, in the domestic water system. A public protest hearing will be scheduled in May. No Action Taken. E. EXTENSION OF OILFIELD WASTEWATER DISPOSAL CONTRACTS Florn Core, Water Resources Director, stated the oil companies have requested to extend the agreements three months to review contracts for any possible changes. The contracts will be renewed in March. Motion by Couch to approve extension of oilfield wastewater disposal contracts. APPROVED. 9. WATER BOARD STATEMENTS Chairman Salvaggio requested staff update the Water Board information binder,' also update and include the Kern River Parkway information, for distribution to the Water Board members. 10. ADJOURNMENT Chairman Salvaggio adjourned the meeting at 5:35 p.m. Mark Salvaggio, Chair City of Bakersfield Water Board Bobbie Zaragoza, Secretary City of Bakersfield Water Board Water Board Meeting of March 19, 2003 6. KERN RIVER LEVEE DISTRICT A. U.S. Corps of Engineers Inspection Report. DEPARTMENT OF THE ARMY U.S. ARMY ENGINEER DISTRICT, SACRAMENTO CORPS OF ENGINEERS 1325 J STREET REPLYTO SACRAMENTO, CALIFORNIA 95814-2922 AT'rENTION OF February 19, 2003 Readiness Section Mr. Flora Core FID 9 6 2003 City of Bakersfield Department of Water Resources 1000 Buena Vista Road Bakersfield, CA 93311 Dear Mr. Core This letter summarizes the inspection findings noted on the attached Inspection Rating Worksheet of the Kern River (left bank) Levee, dated October 28, 2002, and your participation status in the Rehabilitation and Inspection Program. No significant changes from previous inspections were noted. The levee is well maintained, vegetative growth is well managed and no evidence of instability was observed. I encourage your development of an operations and maintenance manual for this levee system to ensure that the maintenance methods are both regularly scheduled and in accordance with state and local laws. According to the guidelines of our agreement, the protection offered by this flood control work is rated "Acceptable" for this program. Enclosed is a copy of the Burrowing Owl Protocol and draft Cooperation Agreement discussed during our on-site meeting. An information paper is being prepared to discuss the permit requirements and suitability of concrete debris along the waterside of the levee, when completed a copy will be forwarded to your attention. Please refer any questions regarding this inspection or participation in the program to Mr. Bergmooser at (916) 557-6918. Sincerely, Chief, Readiness Section Encl Water Board Meeting of March 19, 2003 6. KERN RIVER LEVEE DISTRICT B. Ming Avenue River Levee Extension. AGREEMENT NO. REIMBURSEMENT AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a Charter city and municipal corporation, ("CITY" herein) and CASTLE & COOKE CALIFORNIA, INC., ("DEVELOPER" herein). RECITALS WHEREAS, DEVELOPER is owner of property situated west of Buena Vista Road near the floodplain of the Kern River, located in the City of Bakersfield, California; and WHEREAS, DEVELOPER desires that its property and the future residents of the City be properly and adequately protected from flooding due to the proximity to the Kern River; and WHEREAS, CITY desires to have the Kern River Levee system extended westerly from a point near South Allen Road to the existing eastern levee of the City's "2800 Acres" facility to protect City's "2800 Acres" and the future residents and property owners in the City; and WHEREAS, the extension of the Kern River Levee to the "2800 Acres" facility would link to the City's levees that surround the "2800 Acres" and finish the westerly Kern River Levee system to Federal Emergency Management Agency (FEMA) requirements and standards; and WHEREAS, CITY is willing to pay DEVELOPER for the portion of the construction costs of the earthen levee extension as described above and as shown on plans marked "Kern River Levee Improvements", which plans are described herein; ' NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and DEVELOPER mutually agree as follows: 1. DESIGN AND ENGINEERING COSTS. DEVELOPER agrees to be responsible and to pay costs for all engineering design and processing of all documents necessary for the approval and certification of the earthen levee extension through FEMA, City, Kern River Levee District and any and all other regulatory agencies as required. DEVELOPER shall also provide all related inspections by qualified and licensed (where required) personnel including geotechnical soils and compaction testing work. Other said design costs shall include field survey work, engineering and preparation of construction plans and technical specifications. C&CReimburseLevee S:~003 Contracts 212012003 2. CONSTRUCTION OF IMPROVEMENTS. DEVELOPER agrees to construct or cause to be constructed, the earthen levee extension as shown on the plans titled "Kern River Levee Improvements from Allen Road West 1.3 Miles" that were prepared by Mclntosh & Associates for DEVELOPER and CITY, which plans are on file in the offices of CITY, the City of Bakersfield Water Resources Department, 1000 Buena Vista Road, Bakersfield, CA 93311 and in the offices of DEVELOPER, Castle & Cooke California, Inc., 10000 Stockdale Highway, Bakersfield, CA 93311. All construction shall be completed within ninety (90) calendar days following the execution of this Agreement. 3. PAYMENT TO DEVELOPER. CITY agrees to pay DEVELOPER an amount not to exceed Thirty Five Thousand Dollars ($ 35,000 ) for the earth hauling and placement portion of the construction the earthen levee extension along the Kern River west of So. Allen Road on in accordance with the aforesaid construction plans. 3.1. CITY shall pay DEVELOPER within forty-five (45) calendar days following the filing of the notice of completion and upon presentation of invoice. 3.2. The sum of Thirty Five Thousand Dollars ($ 35000 ) shall be the total amount paid by CITY to DEVELOPER for the earthen levee extension work. Said amount shall be considered full compensation for all construction costs incurred by DEVELOPER. 4. HAZARDOUS MATERIALS. DEVELOPER knows of no hazardous material stored, dumped or in any way placed in, on, over or about the property. DEVELOPER knows of no activities, either public or private, wherein DEVELOPER or a third party has placed or dumped any hazardous material of any nature in, on, over or about the property. DEVELOPER takes full responsibility for cleaning up any hazardous material placed in, on, or about the property, and hereby fully indemnifies CITY, and CITY's successors and assigns, from any and all liability, claims, actions, causes of action or demands whatsoever for cleanup of hazardous materials found in, on, over or about the property. 5. NEGATION OF PARTNERSHIP. CITY shall not become or be deemed a partner or joint venturer with DEVELOPER or associate in any such relationship with DEVELOPER by reason of the provisions of this Agreement. DEVELOPER shall not for any purpose be considered an agent, officer or employee of CITY. 6. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 7. DEFAULT INTEREST. In the event of a default by any party to this Agreement, the non-defaulting party shall be allowed to recover interest on all damages at the legal rate from the date of the breach. C&CReimburseLevee S:~2003 Contracts 2/20/2003 8. 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. The acceptance of work or services, or payment for work or services, by CITY shall not constitute a waiver of any provisions of this Agreement. 9. MERGER AND MODIFICATION. This Agreement sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This Agreement may be modified only in a writing approved by the City Council and signed by all the parties. 10. 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. 11. 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. 12. 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 Attn: Gene Bogart Water Resources Manager 1000 Buena Vista Road Bakersfield, California, 93311 DEVELOPER: CASTLE & COOKE CALIFORNIA, INC. Attn: Stephen J. DeBranch Vice President, Land Development 10000 Stockdale Highway Bakersfield, CA 93311 13. 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. 14. 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. C&CReimburseLevee S:~003 Contracts 2/20/2003 Any such assignment will be subject to such terms and conditions as CITY may choose to impose. 1 $. TIME. Time is of the essence in this Agreement. 16. 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. 17. 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 18. TAX NUMBERS. "DEVELOPER's" Federal Tax Identification No. "DEVELOPER" is a corporation? Yes X No~ (Please check one.) 19. COMPLIANCE WITH ALL LAWS. DEVELOPER shall, at DEVELOPER's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 20. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 21. INDEMNITY. DEVELOPER shall indemnify, defend, and hold harmless CITY, its officers, agents and employees against any and all liability, claims, actions, causes of action or demands whatsoever against them, or any of them, before administrative or judicial tribunals of any kind whatsoever, arising out of, connected with, or caused by DEVELOPER, DEVELOPER's employees, agents, independent contractors, companies, or subcontractors in the performance .of, or in any way arising from, the terms and provisions of this Agreement whether or not caused in part by a party indemnified hereunder, except for CITY's sole active negligence or willful misconduct. C&CReirnburseLevee S:~2003 Contracts 2/20/2003 22. ACCOUNTING RECORDS. DEVELOPER shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at DEVELOPER's office during the term of this Agreement, and for a period of three (3) years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 23. BONDS. DEVELOPER shall maintain performance and labor and material bonds in the amount of one hundred percent (100%) of the project cost as set forth herein and in a form acceptable to CITY. 24. STARTING WORK. DEVELOPER shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by DEVELOPER and CITY. 25. TITLE TO DOCUMENTS. All documents, plans, and drawings, maps, photographs, and other papers, or copies thereof prepared by CITY or DEVELOPER pursuant to the terms of this Agreement, shall, upon preparation, become or remain the property of the CITY. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first-above written. "CITY .... DEVELOPER" CITY OF BAKERSFIELD CASTLE & COOKE CALIFORNIA INC. By: By:. HARVEY L. HALL, Mayor Title: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By:. GENE BOGART Water resources Manager MORE SIGNATURES ON FOLLOWING PAGE C&CReimburseLevee S:~2003 Contracts 2/20/2003 APPROVED AS TO FORM: BART J. THILTGEN City Attorney By: ALAN D. DANIEL Deputy City Attorney Bonds: COUNTERSIGNED: By: GREGORY J. KLIMKO Finance Director C&CReimburseLevee S:~003 Contracts 2~20~2003 Water Board Meeting of March 19, 2003 7. REPORTS A. Kern River Operations Report. KERN RIVER BASIN SNOWPACK ACCUMULATION EIGHT SENSOR INDEX March 13, 2003 40.0 ' 1997-1998I !l " 242% A-J ~ . I 1996-1997 I I i ', 30.0 .............. --"<--- ............. --, 25.0 ................ I .................. '- .............. ', ~ ',100% of April 1 Averoge , · ~ ,, -'u.u , , f~ , ' ' 1999-2000 65% A-J , ~: 15.o , , , Average ', 2002-2003 ' ', 10.0 2001-2002 I 2000-2001 , 1998-1999 46% A-J ~ 54% A-J I 53% A-J 0.0 November December January February March April Snowpack Accumulation Season CITY OF BAKERSFIELD WA TER RESOURCES DEPARTMENT 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: March 13, 2003 ISABELLA RESERVOIR 2557.55 Lake Elevation (ft.) 153381 Storage (AcFt) +168 Change (AcFt) 499 Inflowto Isabella (cfs) 2 568075 Storage Capacity 27% % of Capacity 180952 Normal Storage 85% % of Normal Storage For this Date 3 5597 Average Lake Area (Acres) 11220 Inflow (Month AcFt) 8900 Outflow (Month AcFt) 4 427 North Fork Mean 466 North Fork @ 0600 Hours 178821 Accumulative Inflow (02-03 WY) 5 389 Mean Outflow 373 Borel Canal 16 Main Dam Outlet 107727, Accum. Outflow (WY) 6 389 Outflow @ 0600 373 Borel Canal @ 0600 Hours 16 Main Dam Outlet @ 0600 Hours Hours 7 25 Lake Evap. (cfs) 0.16 Inches Evap. for 24 Hours 593 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 0.00 Inches of Precipitation at Isabella for Month 10.12 Seasonal Precip. Isabella 7.70 Normal for 131% Isabella Precip. (Season: Oct I through Sep 30) this Date % of Normal 1 0.00 Inches of Precipitation at Pascoe for 24 Hours 0.00 Inches of Precipitation at Pascoe for Month 2 26.60 Seasonal Precip. Pascoe 26.98 Normal for 99% Pascoe Precip. this Date % of Normal 3 17.8 Upper Tyndall Creek 13.6 Pascoe 17.9 (e) Wet Meadow 4 74 Isabella Maximum Temperature 0.51 Isabella Max. Precip. on Record For this Date 1983 Year of Occurrence 5 43 Isabella Minimum Temperature 116 24 Hour Wind Movement (Miles) NATURAL RIVER FLOW 6 507 Natural Flow (cfs) 11658 Natural Flow (Month to Date) 76519 2003 Jan-Mar Runoff 17 1013 Mean Flow 50% Natural Flow 623 Median Flow 81% Natural Flow For this Date in % of Mean For this Date in % of Median 18 6292 Max. on Record 190 Min. on Record 187541 Accum. Natural Flow(Water Year) 9 1916 Year of Occurrence 1961 Year of Occurrence 20 417 First Point Flow 9338 First Point (Month to Date) 115775 Accum. First Point (Water Year) · e ERN RIVER FACTS & FIGURES: B A K E R S F I E ~D On this date in 1916, Kern River natural flow edged upward to 6,292 cubic feet per second, a record high for March 13th. During this extremely wet season, the natural flow of the Kern Produced by City of Bakersfield would establish monthly maximum quantities of runoff for February (202,510 AcFt), March Water Resources (378,116 AcFt) and April (481,749 AcFt). Eighty-seven years later, these records still stand. (661) 326-3715 Cureent Rive~ Con41itiant Snowpac~ Sta. ttes River Stage~/Ft~ws ReservoLr Oata/~eporr~s Satel[ke Iraage~ Station Inforn~at~m~ Oata Query Tools Precipitation/Snow Rl~er~"13de Forecasts Watei- Supply Weather forecasts Text B120 (03/07/03 1508) Department of Water Resources California Cooperative Snow Surveys Mar 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 640 97% Scott River near Fort Jones 190 95% SACRAMENTO RIVER Sacramento River above Shasta Lake 250 84% McCloud River above Shasta Lake 340 85% Pit River above Shasta Lake 830 76% Total inflow to Shasta Lake 1460 79% 990 - 2260 Sacramento River above Bend Bridge 2060 82% 1340 - 3270 Feather River at Oroville 1320 71% 850 - 2300 Yuba River at Smartville 720 69% 400 - 1260 American River below Folsom Lake 810 63% 390 - 1510 SAN JOAQUIN RIVER Cosumnes River at Michigan Bar 55 42% 25 - 135 Mokelumne River inflow to Pardee 330 70% 200 - 550 Stanislaus River below Goodwin Res. 510 71% 310 - 830 Tuolumne River below La Grange 900 73% 620 - 1400 Merced River below Merced Falls 930 68% 310 - 730 San Joaquin River inflow to Millerton Lk 880 70% 580 - 1410 TULARE LAKE Kings River below Pine Flat Res. 860 70% 560 - 1350 Kaweah River below Terminus Res. 180 62% 100 - 320 Tule River below Lake Success 28 43% 12 - 70 Kern River inflow to Lake Isabella 310 66% 200 - 550 NORTH LAHONTAN Truckee River,Tahoe to Farad accretions 170 62% Lake Tahoe Rise, in feet 0.7 49% West Carson River at Woodfords 38 69% East Carson River near Gardnerville 130 68% West Walker River below Little Walker 130 85% East Walker River near Bridgeport 50 77% 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 480 650 560 410 270 220 395 5560 4770 - 6960 Sacramento, Bend 4385 750 950 780 610 370 300 535 8680 7450 - 10790 Feather, Oroville 1590 370 510 600 420 190 110 160 3950 3250 - 5430 Yuba, Smartville 675 175 250 320 280 100 20 20 1840 1410 - 2570 American, Folsom 490 160 290 390 310 95 15 10 1760 1200 - 2700 Cosumnes, Mich.Bar 43 17 40 30 18 5 2 5 160 105 - 310 Mokelumne, Pardee 80 35 60 120 150 50 10 5 510 350 - 780 Stanislaus, Gdw. 140 55 100 200 205 90 15 5 810 570 - 1200 Tuolumne, LaGrange 225 65 145 290 370 215 25 15 1350 1030 - 1950 Merced, McClure 105 35 65 150 180 85 15 5 640 500 - 1010 San Joaquin, Mil. 175 60 110 240 340 240 60 25 1250 900 - 1890 Kings, Pine Flat 175 55 95 210 360 240 50 25 1210 880 - 1800 Kaweah, Terminus 87 20 32 60 70 40 10 6 325 220 - 500 Tule, Success 43 8 14 14 10 3 1 2 95 65 - 165 Kern, Isabella 140 30 40 95 100 85 30 25 545 410 - 840 Water Board Meeting of March 19, 2003 8. OLD BUSINESS A. Update on request to Kern County Water Agency for treated water to serve Northwest Bakersfield - For Board Information (Discussion DRAFT dated Februa~_ 17, 2003) IMPROVEMENT DISTRICT NO. 4 TREATED WATER CAPACITY EXPANSION PRINCIPLES OF AGREEMENT Introduction: 1. Improvement District No. 4 of the Agency hereinafter called the "District," and the Purveyors have previously entered into the Water Supply Contract dated June 13, 1974 governing the terms and conditions under which the Agency will provide a designated water supply to the Purveyor, which has been previously amended with the last amendment being Amendment No. 3 of January 26th, 2002. 2. Improvement District No. 4 Contract defines "Customers" as the following water purveyors, hereinafter called "Purveyors," that contract to buy treated water from the project: the North of the River Municipal Water District, East Niles Community Services District, and California Water Services Company. 3. Through the execution of revised purveyor contracts, Improvement District No. 4 intends to add the City of Bakersfield and Vaughn Water Company to its current group of purveyors. 4. The District plans to expand its treated water supply to meet increased demands to its existing treated water service area to the north and northeast areas of metropolitan Bakersfield. The District intends to construct facilities to expand its treated water supply and to deliver treated water to the northwest area of metropolitan Bakersfield subject to developing a satisfactory financial plan for such improvements. 5. It is the intent of all parties to the original treated water supply contracts that the provisions of those contracts and amendments thereto shall remain intact, unless otherwise modified by the agreement resulting from these principles. 6. The following entities are intended to be the parties to the revised treated water supply contracts and are hereinafter called "Participants": a. City of Bakersfield b. Califomia Water Service Company c. East Niles Community Services District d. North of the River Municipal Water Company e. Vaughn Water Company 7. The City of Bakersfield and Vaughn Water Company shall agree to the provisions of the existing purveyor treated water supply contracts in order to participate in this program. Treated Water Supply: 8. Annual entitlement provisions for treated water, in acre-feet, to be made available to each Participant and the maximum instantaneous flow capacities to be provided for each purveyor in the transmission facilities are described in Table 1. (Discussion DRAFT dated Februar~ 17, 2003) 'Table 1: Existing Annual Existing New New Purveyor Entitlement Capacity Entitlement Capacity (AF) (MGD) (AF) (MGD) City of Bakersfield 0 0.0 8,800 15.0 California Water Service 11,000 24.0 19,500 39.0 East Niles CSD 5,500 10.4 11,000 10.4 North of the River MWD 8,500 17.6 15,000 28.0 Vaughn Water Company 0 0.0 6,000 15.0 Total: 25,000 52.0 60,300 I 107.4 Facilities: 9. Upon obtaining sufficient financing and executing the necessary agreements, the District shall complete the design and then construct the following projects, which, when combined, will constitute the Treated Water capacity Expansion Project: a. Expansion of the Henry C. Gamett Water Purification Plant. b. Construction of the Northwest Feeder Pumping Plant and Pipeline Project. c. Construction of the selected Treated Water Alternative Project. 10. The components of the Treated Water Capacity Expansion Project ("Project") will modify peaking capacities and annual contractual entitlements as follows: Table 2 Add'l Facility Cum. Contract Peaking Peaking Annual Capacity Capacity Entitlement (MGD) (MGD) (Ac.-Ft) Henry C. Gamett Water Purification Plant (Existing) -- 45 25,000.0 Henry C. Garnett Water Purification Plant (Expanded) 0 45 13,500.0 Northwest Feeder Pumping Plant and Pipeline Project 0 45 0.0 Treated Water Capacity Project 45 90 21,800.0 Total 60,300.0 Turnouts and Measuring Devices: 11. All existing turnouts and metering devices shall be owned, operated and maintained by (Discussion DRAFT dated Februar~ 17, 2003) the District. 12. Any turnouts constructed as part of this program will be owned, operated and maintained by the District. 13. The District will provide flanged connections where each Participant will provide isolation valves, flow meters acceptable to the District and the remaining connection pipelines to the Participants' existing distribution systems. 14. All water furnished pursuant to the revised treated water supply contracts shall be metered. All meters shall conform to the then current AWWA standards for meter design and accuracy. Meters shall be of a type acceptable to the District and shall be equipped with a digital readout, which records flow in MGD and totals in MG. The meter shall be located in a site satisfactory to the District where it can be conveniently read from the top of the meter vault. 15. All determinations relative to the measuring of water shall be made by the District, and upon request by a Participant, the accuracy of such measurements shall be investigated by the District at the requesting Participant's cost. Any errors appearing thereon will be adjusted during the next billing cycle. Delivery Schedules: 16. The amounts, times and rates of delivery of water to the Participant during any year shall be in accordance with a water delivery schedule determined in the following manner: a. On or before August 1 of each year, the Participant shall submit in writing to the District a preliminary water delivery schedule indicating the amounts of water desired by the Participant during each month of the following year. b. Upon receipt ora preliminary scheduled, the District shall review it and after consultation with the Participant shall make such modifications in it as are necessary to ensure that the amounts, times, and rates of delivery to the Participant will be consistent with the available supply of water from the treatment facilities, considering each customer's annual entitlement and the then current delivery schedules of all other customers. On or before December 31, of each year, the District shall determine and furnish to the Participant a water delivery schedule for the succeeding year which shall show the amounts of water to be delivered to the Participant during each month of the year. If the District determines it has water available, such schedules may provide for the delivery of water in excess of the Participant's annual entitlement. c. A water delivery schedule may be amended by the District upon the Participants written request. Proposed amendments shall be submitted bY the Participant within a reasonable time before the desired change is to become effective, and it shall be subject to review and modifications by the District Water Quality: 17. All water delivered to the Participant under the revised treated water supply contract shall be suitable for domestic use and meet the minimum requirements as set forth by the applicable Federal and State of California standards. Operation and Maintenance: 18. The District will own and operate all treatment facilities, pumping plants, transmission pipelines and turnouts up to and including the turnout flow-metering devices. (Discussion DRAFT dated Februa~_ 17, 2003) " · 19. The District will recover all costs, direct and indirect, associated with the operations and maintenance of each distribution facility from the Participants benefitting from such facilites. 20. Cost of operating and maintaining any expanded treatment plant facilities will be recovered in a manner consistent with the ID4 Financial Management Plan. Capital Cost: 21. Funding for construction of all treatment facilities, pumping plants, transmission pipelines, turnouts and any other facilities necessary for the completion of the Project will be financed through the District. 22'. All expansion of treatment facilities constructed will be joint-use facilities. Accordingly, each Participant will pay its share of the Project based on its respective ratio of added contractual treated water entitlement. 23. All expansion of distribution facilities will be constructed to serve the areas defined under this agreement. Cost will be allocated based on each Participants respective capacity in such distribution facilities. 24. The following table describes the percent allocation base on treated water capacity. The treated water capacity percentages will be used for calculating each Participant's respective share of capital costs and associated debt service obligations. Table 3 Existing Annual Treated New Annual Treated Total Annual Treated Water Entitlement Water Entitlement Water Entitlement Purveyor (AF) (%) (AF) (%) (AF) (%) California Water I 1,000 44.0% 8,000 22.7% 19,000 31.5% Service City of Bakersfield 0 0.0% 8,800 24.9% 8,800 14.6% East Niles CSD 5,500 22.0% 6,000 17.0% 11,500 19.1% North of the River 8,500 34.0% 6,500 18.4% 15,000 24.9% MWD Vaughn Water 0 0.0% 6,000 17.0% 6,000 10.0% Company 25,000 100.0% 35,300 100.0% 60,300 100.0% ~'inancing: 25. The District, in conjunction with the Participants, will develop a financial plan which will sufficiently fund the proposed projects. District Boundary Expansion: 26. Each of the Participants shall be responsible for ensuring all water delivered pursuant to this Contract shall remain within the District (ID4) boundaries, unless specifically allowed under the revised treated water contracts and with the Agency's approval. 27. Each Participant will identify and request in writing any entitlement desired to be ~Discussion DRAFT dated Februa~_ 17, 2003) - delivered outside ID4's boundaries. Deliveries outside ID4's boundaries will be charged the Participant at full cost, as determined by the Agency. For deliveries of entitlement within ID4 boundaries, Participants will pay the District-subsidized amount as defined by the Financial Plan (taking into consideration ZOB support, no capital cost for original ID4 facilities, including CVC capital, CVC O&M and CVC power costs). 28. As may be requested by the District, each Participant will assist the District with the expansion oflD4's boundaries to facilitate treated water deliveries to better meet the Participant demands outside the Disthct's original boundary. Term 29. The underlying treated water supply contracts will terminate upon termination of the Agency's Master contract for a Water supply with the State of California with any extensions thereto. Draft Summary: Revision Feb. 17, 2003, TNC, JMB, JWP, CWW, MV Water Board Meeting of March 19, 2003 9. NEW BUSINESS A. Independent Contractor's Agreement with Herbert Dodd Investigations & Patrol - For Board Review and Action WATER BOARD AGREEMENT NO. 03-08 W.B. AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY" herein) and HERBERT DODD INVESTIGATIONS & PATROL ("CONTRACTOR" herein). RECITALS WHEREAS, CONTRACTOR represents CONTRACTOR is experienced and well qualified in the field of security; and WHEREAS, the CITY does not have expertise currently on staff to conduct security. 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: CONTRACTOR agrees to provide or cause to be provided, during the term of this Agreement, the following guard services: a. CONTRACTOR shall provide guard services in accordance with the CITY's instructions provided by the Manager of the Water Resources Department of the City of Bakersfield with respect to the post or area to be covered by each guard employed, the number of guards to be employed and the days of the week, hours per day and hours of the day of guard service. CITY's representatives shall be entitled to make inspections, as necessary to assure performance. CONTRACTOR shall supply, at his expense, a motor vehicle equipped with a two way radio capable of transmitting and receiving calls with City Water Resources personnel. Compensation for any and all use of this patrol vehicle shall be deemed as part of the hourly rate charged by the contractor to the City. b. CONTRACTOR shall make every reasonable effort to take the appropriate action to protect life and property and enforce state statutes and CITY ordinances, but shall not carry or use firearms. CITY shall supply to CONTRACTOR a copy of all CITY ordinances, rules and regulations CONTRACTOR is expected to enforce as well as suggestions as to the method of enforcement with respect to each CITY ordinance, rule or regulation. CONTRACTOR is expected to have knowledge of state statutes and will follow state law and use reasonable enforcement methods when enforcing state law. INDEPENDENT CONTRACTOR'S AGREEMENT S:~003 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 1 The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total of payments not to exceed Fifty Thousand Dollars ($50,000.00) annually which shall be paid as follows: Services shall be provided at the rate of $27.34 per hour. CONTRACTOR will submit invoices on or before the fifty (5th) day of the month for all services rendered the previous month. CITY will make payments within thirty (30) days after receipt of said invoices. The compensation set forth in this section shall be the total compensation under this Agreement including, but not limited to, all out-of-pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Except as set forth in paragraph 5, "Alterations and Extras" the rate of compensation shall be adjusted yearly upward or downward. The base for computing the adjustment is the Producer Price Index (PPI), for all commodities as published by the U. S. Department of Labor's Bureau of Labor Statistics. The base figure for the index date is 1982. The index for the adjustment date shall be computed as a percentage of the base figure. If the described index is no longer published, another generally recognized as authoritative shall be substituted by Agreement of the parties. The PPI used shall be the final index figure for the month of January, and no preliminary figures shall be used. In no event shall the minimum compensation be reduced below $27.34 per hour. The compensation set forth in this section shall be the total annual compensation under this Agreement including, but not limited to, all out-of pocket costs and taxes. CITY shall pay only the compensation listed unless otherwise agreed to in writing by the parties. Annual Compensation shall not exceed Fifty Thousand Dollars ($50,000.00) without approval of City of Bakersfield Water Board. 3. PAYMENT PROCEDURE. CONTRACTOR shall be paid for services rendered after receipt of an itemized invoice for the work completed and approved by CITY in accordance with the terms of this Agreement. Payment by CITY to CONTRACTOR shall be made within thirty (30) days after receipt and approval by CITY of CONTRACTOR's itemized invoice. 4. KEY PERSONNEL. At request of CITY, CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience in the type of work called for herein. CITY reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of CITY. INDEPENDENT CONTRACTOR'S AGREEMENT S:\2002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 2 5. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized until the contract has been fully executed by CONTRACTOR and CITY. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. NO WAIVER OF DEFAULT. The failure of any party to enforce against another party any provision of this Agreement shall not constitute a waiver of that party's right to enforce such a provision at a later time, and shall not serve to vary the terms of this Agreement. 8. LICENSES. CONTRACTOR shall, at its sole cost and expense, keep in effect or obtain at all times during the term of this Agreement any licenses, permits and approvals which are legally required for CONTRACTOR to practice its profession. 9. STANDARD OF PERFORMANCE. All work shall be performed in conformity with all legal requirements and industry standards observed by a competent practitioner of the profession in California. 10. MERGER AND MODIFICATION. This contract sets forth the entire Agreement between the parties and supersedes all other oral or written representations. This contract may be modified only in a writing approved by the City Council and signed by all the parties. 11. 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. 12. TERMINATION FOR CAUSE. If at any time CITY becomes dissatisfied with the performance of CONTRACTOR under this Agreement, CITY may terminate this Agreement on ten (10) days written notice. Written notice shall be given pursuant to the notices paragraph of this Agreement. In the event of early termination, CONTRACTOR shall be compensated only for work satisfactorily completed up to the date of termination and delivered to and accepted by CITY. 13. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's sole cost, comply with all of the requirements of Municipal, State, and Federal authorities now in force, or which may hereafter be in force, pertaining to this Agreement, and shall faithfully observe in all activities relating to or growing out of this Agreement all Municipal ordinances and State and Federal statutes, rules or regulations, and permitting requirements now in force or which may hereafter be in force INDEPENDENT CONTRACTOR'S AGREEMENT S:~2002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 3 including, without limitation, obtaining a City of Bakersfield business tax certificate (Bakersfield Municipal Code Chapter 5.02) where required. 14. 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. 15. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 17. INSURANCE. In addition to any other insurance or bond required under this Agreement, the CONTRACTOR shall procure and maintain for the duration of this Agreement the following types and limits of insurance ("basic insurance requirements") herein: 17.1 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: 17.1.1 Provide coverage for owned, non-owned and hired autos. 17.1.2 Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.2 Broad form commercial qeneral liability insurance, ISO form CG00 01 11 85 or 88 providing coverage on an occurrence basis for bodily injury, including death, of one or more persons, property damage and personal injury, with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall: 17.2.1 Provide contractual liability coverage for the terms of this Agreement. 17.2.2Contain an additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT S:~002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 4 17.3 Workers' compensation insurance with statutory limits and employer's liability insurance with limits of not less than One Million Dollars ($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation and additional insured endorsement in favor of the City, its mayor, council, officers, agents, employees and volunteers. 17.4 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. Additional insured endorsement shall use ISO from CG20 10 11 85 (in no event with an edition date later than 1990). 17.5 Except for workers' compensation, insurance is to be placed with insurers with a Bests' rating of no less than A:VII. Any deductibles, self-insured retentions or insurance in lesser amounts, or lack of certain types of insurance otherwise required by this Agreement, or insurance rated below Bests' A:VII, must be declared prior to execution of this Agreement and approved by the CITY in writing. 17.6 All policies shall contain an endorsement providing the CITY with thirty (30) days written notice of cancellation or material change in policy language or terms. All policies shall provide that there shall be continuing liability thereon, notwithstanding any recovery on any policy. Copies of policies shall be delivered to CITY on demand. 17.7 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. 17.8 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. 17.9 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. 17.10 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:~2002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 5 17.11 Unless otherwise approved by the CITY, if any part of the work under this Agreement is subcontracted, the "basic insurance requirements" set forth above shall be provided by, or on behalf of, all subcontractors even if the CITY has approved lesser insurance requirements for CONTRACTOR. 17.12 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. 18. 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 as limited by California Civil Code section 2782 or CITY's sole active negligence or willful misconduct. 19. 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. 20. 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: HERBERT H, DODD HERBERT DODD INVESTIGATIONS & PATROL 6301 TUDOR WAY, #123 Bakersfield, CA 93306 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. -! INDEPENDENT CONTRACTOR'S AGREEMENT S:~2002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 6 22. FURTHER ASSURANCES. Each party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of this Agreement and the intent of the parties to this Agreement. 23. 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. 24. 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. 25. 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. 26. ACCOUNTING RECORDS. CONTRACTOR shall maintain accurate accounting records and other written documentation pertaining to all costs incurred in performance of this Agreement. Such records and documentation shall be kept at CONTRACTOR's office during the term of this Agreement, and for a period of three years from the date of the final payment hereunder, and said records shall be made available to CITY representatives upon request at any time during regular business hours. 27. 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. 28. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number CONTRACTOR is a corporation? Yes No (Please check one.) INDEPENDENT CONTRACTOR'S AGREEMENT S:~002 CONTRACTS\DoddAgmt,wpd - Updated - January 2, 2001 7 29. NON-INTEREST. No officer or employee of the CITY shall hold any interest in this Agreement (California Government Code section 1090). 30. TERM: This Agreement shall commence upon the above effective date and terminate one (1) year from then unless sooner terminated as herein provided. 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 HERBERT DODD INVESTIGATIONS & PATROL By:. By: HARVEY L. HALL Mayor Title: APPROVED AS TO FORM: BART J. THILTGEN City Attorney By:. ALAN D. DANIEL Deputy City Attorney Insurance: APPROVED AS TO CONTENT: WATER RESOURCES DEPARTMENT By: GENE BOGART Water Resources Manager COUNTERSIGNED: By:. GREGORY J. KLIMKO Finance Director INDEPENDENT CONTRACTOR'S AGREEMENT S:\2002 CONTRACTS\DoddAgmt.wpd - Updated - January 2, 2001 8 Water Board Meeting of March 19, 2003 12. CLOSED SESSION A. 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.