1 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
LICENSE AGREEMENT
T his License Agreement (this “Agreement”) is made by and between the City of Napa, a California charter city, (the “City”), and the Napa County Flood Control and Water Conservation District, a California special district (the “District”), effective as of the Effective Date identified on the signature page.
RECITALS
A. T he navigation channel of the Napa River is periodically dredged by the United States Army Corps of Engineers (“USACE”) in order to remove accumulated sediment and restore design depths for light commercial and recreational navigation use from Mare Island upstream to the Third Street Bridge in the City of Napa.
B. T he District is the local sponsor for the USACE activities on the Napa River and is responsible for providing dredge material disposal/reuse sites, including hauling offloaded spoils to these sites in the event a separate offload location is required.
C. T he District is planning to haul and dispose of up to 52,000 cubic yards (cy) of dredged material (“Dredge Project Material”) as part of the USACE 2022 maintenance dredging of the Napa River (“Dredge Project”).
D. T he City owns property located at the end of South Jefferson Street (Assessor’s Parcel Number (APN) 043-103-024-000) (“City Property”) that is a suitable location for permanent placement of dredge material from the Dredge Project.
E. District desires to use a portion of the City Property for the purpose of permanently placing and grading Dredge Project Material.
F. District intends to transport the Dredge Project Material from property owned by the District located on South Coombs Street at Imola, APN 005-171-017-000 (“District Property”) to the City Property along the route identified in Exhibit “B” attached hereto and incorporated herein by reference, which includes City streets and Caltrans right of way (“Haul Route”).
G. City is willing to grant a revocable license to District upon the terms and conditions set forth herein to allow District to use of those portions of City Property described and depicted on Exhibit “A” for the purposes stated herein and in support of the Dredge Project.
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. Grant of License
. City grants to District and its authorized representatives a non-exclusive license to use the portion of the City Property depicted in yellow and labeled “South Jefferson Site” on Exhibit “A” attached hereto and incorporated herein (“Premises”) for the purposes of placing and grading Dredge Project Material from the Dredge Project on the Premises in accordance with the terms set forth herein.
2. Term of License
. This Agreement shall commence on the Effective Date shown on the signature page of this Agreement and shall terminate on March 31, 2023 (“Term”), unless extended in accordance with this Section or terminated earlier pursuant to Paragraph 12. In the event that excessive rain or other weather-related issues necessitate that District halt Dredge Project operations prior to completion of all Dredge Project activities, District shall send a written request to the City for extension of the Term, which shall not unreasonably be withheld.
3. Rent. The rights granted herein to District by City are done in consideration of the District’s agreement to comply with the terms set forth herein and to give City ownership and use of all Dredge Project Material disposed of on the Premises. City and District agree that no rent or fee shall be charged by City or paid by District for the rights granted pursuant to this Agreement. The sole
ATTACHMENT 1
2 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
consideration for this License Agreement being the promises of the parties contained herein and the public benefit arising from services provided
4. Conditions of License. City grants the license to District subject to the following conditions:
4.1. District’s rights under this Agreement shall be a revocable non-exclusive right to use the Premises (“as is”) for the sole purpose identified in Section 1, above, of this Agreement. The City’s permission to District to use the Premises in accordance with this Agreement shall not create any right, title, or interest in the Premises. The District’ s rights under this Agreement shall be subordinate to the rights of the City to use the Premises for any legitimate public purpos e. In determining the Permittee’s rights and responsibilities under this Agreement, the District shall take direction from the City’s Public Works Director.
4.2. Prior to commencement of the Dredge Project, District shall cause the District’s contractor to obtain an encroachment permit from the City in accordance with City of Napa Municipal Code Chapter 12.12 and shall comply with its terms and conditions including, but not limited to, indemnification, inspection, and insurance requirements.
4.3. District shall be solely responsible for any damage to the Premises, City Property, Haul Route, or lands adjacent to the City Property, which are caused in whole or in part by the Dredge Project activities carried out by District or its contractors hereunder.
4.4. District shall perform the Dredge Project activities in accordance with the approved plans and all applicable state, federal, and local laws, regulations and permits and in accordance with the scope of work attached hereto as Exhibit “C” and incorporated herein by reference.
4.5. District shall comply with City of Napa Municipal Code section 8.08.020, Noise – Commercial Activity during performance of all Dredge Project activities.
4.6. District hereby waives, releases, and relinquishes forever any right, title, or interest in or to any and all Dredge Project Materials which Licensee shall from time to time, deposit on or in the Premises following written acceptance of such materials by the City’s Public Works Director, and agrees that any works, structures, or equipment of any nature, installed, constructed, or placed by District on or in the Premises shall be promptly removed by District upon the expiration or earlier termination of this Agreement. District does not waive any environmental liability or responsibility that may be associated with the materials that District deposits on the Premises.
5. Taxes. District recognizes that this Agreement may create a possessory interest subject to property taxation and that District may be subject to the payment of property taxes levied on such interest.
District shall pay, before delinquency, all taxes, assessments, fees, and other charges ("taxes") that are levied or assessed during the term against District's interest in the Premises. The foregoing notwithstanding, District shall have the right, at no cost or other detriment to City, to contest with the taxing authorities the imposition or amount of any such taxes.
6. Insurance. Without limiting District’s indemnification obligations in Section 9, District will procure and maintain throughout the period of this Agreement the following policies of insurance and endorsements from insurers (if other than the State Compensation Fund) with a current A.M. Best rating of no less than A:VII or its equivalent against injury/death to persons or damage to property which may arise from or in connection with the activities hereunder of District, its agents, employees, contractors or subcontractors:
6.1. General Liability Policy. Commercial General Liability Insurance (CGL) at least as broad as CG 00 01, covering premises and operations and including but not limited to, owners and contractors protective, product and completed operations, personal and advertising injury and contractual liability coverage with a minimum per occurrence limit of $1,000,000 (ONE MILLION DOLLARS) covering bodily injury and property damage; General Aggregate limit of $2,000,000; Products and Completed Operations Aggregate limit of $2,000,000 (TWO MILLION DOLLARS) and Personal & Advertising Injury limit of $2,000,000 (TWO MILLION DOLLARS), written on an occurrence form. If the Services involve explosive, underground or ATTACHMENT 1
3 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
collapse risks, XCU will be included. If a general aggregate limit is used, either the general aggregate limit will apply separately to this Agreement or the general aggregate will be twice the required occurrence limit.
6.2. Automobile Liability Policy. Automobile liability insurance with coverage at least as broad as ISO Form numbers CA 0001 06 92, Code 1 (any auto), covering use of all owned, non- owned, and hired automobiles and all vehicles used in the performance of this Agreement, including the loading thereof, with minimum coverage of not less than $1,000,000 (ONE MILLION DOLLARS) per accident, combined single limit for bodily injury and property damage liability.
6.3. Workers’ Compensation. Workers’ Compensation insurance meeting statutory limits of the Labor Code, and; Employer’s Liability insurance on an “occurrence” basis with a limit of not less than $1,000,000 (ONE MILLION DOLLARS). The workers’ compensation policy will contain or be endorsed to contain a waiver of subrogation against the City, its officials, officers, agents, and employees.
6.4. Pollution Liability Insurance. Contractors Pollution Liability insurance covering liability to the City imposed by law or contract arising out of an error, omission or negligent act in the performance, or lack thereof, of the Dredge Project and any physical property damage, bodily injury or death resulting there from, with a limit of not less than $5,000,000 (FIVE MILLION DOLLARS) per claim and in the aggregate. Insurance shall include legal defense coverage for the loading and unloading of Dredge Project Material at City sites and non-owned disposal sites; coverage for release or spill while in transit; and coverage for pollution conditions at non-owned disposal sites. If such coverage is provided on a "Claims Made" basis, the retroactive date of the policy must be prior to the Effective Date of this Agreement. Coverage shall remain in force for no less than five (5) years following completion of the Dredge Project. If coverage is cancelled or non-renewed prior to five years following the completion of the Dredge Project, District must purchase extended reporting coverage equal to at least five years following the completion of the Dredge Project. Insurance shall also include coverage for District's owned and leased vehicles; including vehicles owned by contractors and subcontractors.
6.5. Endorsements. The CGL, pollution liability and automobile liability policies will contain or be endorsed with the following provisions:
6.5.1. The City, its officers, elected or appointed officials, employees, volunteers, and agents, are covered as additional insureds for liability arising out of the operations performed by or on behalf of District. The coverage will contain no special limitations on the scope of protection afforded to the City, its officers, officials, employees, volunteers, and agents.
6.5.2. The District’s insurance is primary and non-contributory with respect to all obligations assumed by District pursuant to this Agreement or any other services provided. Any insurance carried by City shall not contribute to, or be excess of insurance maintained by District, nor in any way provide benefit to District, its affiliates, officers, directors, employees, subsidiaries, parent company, if any, or agents.
6.5.3. The inclusion of more than one insured will not operate to impair or limit the rights of one insured against another, and the coverage will apply as though separate policies have been issued to each insured.
6.6. All Policies
.
6.6.1. For all insurance policies required under this Agreement, prior to City’s execution of this Agreement, District will furnish the City with certificates and original endorsements effecting the required coverage. Each certificate of insurance will state that the coverage afforded by the policy or policies will not be reduced, cancelled, or allowed to expire without at least 30 days written notice to City, unless due to non-payment of premiums, in which case at least 10 days written notice is required. Notice required under this subsection will be sent by certified mail.
ATTACHMENT 1
4 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
Each required policy will include an endorsement providing that the insurer agrees to waive any right of subrogation it may have against the City. The endorsements will be on forms provided by City or as approved by City’s Risk Manager.
6.6.2. Any deductible or self-insured retention of $100,000 (ONE HUNDRED THOUSAND DOLLARS) or more will be disclosed to the City prior to City’s execution of this Agreement and is subject to approval by the City.
6.6.3. If District fails to procure and maintain the insurance coverage types or limits, or any portion thereof, as specified herein, the City, in its sole discretion, may terminate this Agreement.
6.6.4. Unless other wise agreed by the parties, District shall cause all of its contractors and subcontractors to maintain the insurance c overages specified in this Insurance section and name District and City as an additional insured on all such coverages. Evidence thereof shall be furnished as the City may reasonably request.
6.6.5. If any of the insurance required to be maintained by District pursuant to this Insurance section contains aggregate limits which apply to operations of the District other than those operations which are the subject of this Agreement, and such limits are diminished by more than $250,000 after any one or more incidents, occurrences, claims, settlements, or judgments against such insurance, District shall take immediate steps to restore such aggregate limits or shall maintain other insurance protection for such aggregate limits.
The coverage types and limits required pursuant to this Agreement shall in no way limit the liability of District.
7. Uses prohibited
. The Premises shall not be used or permitted to be used in whole or in part during the term of this Agreement for any purpose or use in violation of any applicable state, federal or local law, regulations, ordinances or permits. District agrees at all times during the term of this Agreement to maintain the Premises in compliance with any and all federal, state, or local laws, regulations, ordinances, and permits concerning the Premises or the conduct of District in and on the Premises.
District shall not use, nor permit said Premises, or any part thereof, to be used, for any purpose other than the purpose set forth in Section 1. Except as expressly permitted by the terms of this Agreement, District shall not make, or cause to be made, any alterations to the Premises without the prior and express written consent of the City.
8. No liens. District shall keep the Premises free from any and all liens arising out of the Dredge Project, District’s use of the Premises, materials furnished, or obligations incurred by District.
9. Indemnification. To the fullest extent permitted by law, District shall indemnify, hold harmless, release, and defend City, its elected and appointed officials, officers, employees and agents from and against any and all actions, claims, demands, damages, disability, losses, expenses including attorney’s fees and other defense costs, and liabilities of any nature (collectively, “Liability”) that may be asserted by any person or entity including District arising out of District’s acts or omissions hereunder, including the acts or omissions of District’s employees, agents, or contractors, related to the Dredge Project activities, the Dredge Project Material, District’s use of the Premises, or District’s failure to comply with the terms set forth herein, excepting only Liability due to the sole negligence or willful misconduct of City. This indemnification obligation is not limited in any way by any limitation on the amount or type of damages or compensation payable by or for District under Worker’s Compensation, disability, or other employee benefit acts, or the terms, applicability, or limitations of any insurance held or provided by District and shall continue to bind the parties after expiration or termination of this Agreement.
10. Hazardous Materials
.
10.1. District shall not cause or permit any hazardous material (as defined herein) to be generated, brought onto, used, stored, released, or disposed of on, under, about, or within the Premises by District, or its employees, agents, contractors, tenants, sub-tenants, or invitees or other third parties. In the event during the term of this Agreement it is determined that the Premises is ATTACHMENT 1
5 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
contaminated by hazardous materials through no action or inaction of District, its employees, agents, contractors, tenants, sub-tenants, or invitees, District shall have the right to terminate this Agreement upon thirty (30) days written notice to City, but shall not have the right to sue City for damages.
10.2. If either party becomes aware of any actual or threatened release of hazardous materials on, under, or about the Premises or any inquiry, investigation, proceeding, or claim by any agency or person regarding the presence of hazardous materials on, under, or about the Premises, that party shall give the other party written notice of the same within five (5) days of learning of it and shall simultaneously furnish the other party copies of any claim, notices of violation, reports, or other writings received.
10.3. To the fullest extent permitted by law, District shall, with counsel reasonably acceptable to City, indemnify, defend, release, and hold harmless City, its elected and appointed officials, officers, agents, and employees, from any and all Liability arising out of or resulting from District’s use or storage of any hazardous materials on the Premises, the release of any hazardous material in or about the Premises or the violation of any environmental law by District, its employees, agents, contractors, tenants, sub-tenants, or invitees. This indemnification obligation shall survive the expiration or termination of this Agreement.
10.4. If the presence of any hazardous material brought onto the Premises by District or District’s employees, agents, contractors, tenants, sub-tenants, and/or invitees results in contamination of the Premises, District shall promptly take all necessary actions, at District’s sole cost and expense, to return the Premises to the condition that existed prior to the introduction of such hazardous material.
District shall first obtain the City’s written approval of the proposed remediation action. Remediation shall not limit District’s indemnification obligation set forth above.
10.5. As used herein, hazardous materials shall mean any hazardous or toxic substance, material, or waste that is or becomes regulated by the federal, state or local government, including:
10.5.1. "Hazardous substances" and "pollutants and contaminants" as defined in CERCLA, 42 USC §§960114 and (33) and regulations issued pursuant thereto;
10.5.2. "Extremely hazardous substances," "hazardous chemicals," and "toxic chemicals" as defined in the Emergency Planning and Community Right to Know Act, 42 USC §§1102(a), 1121(e) and 1122(c) and regulations issued pursuant thereto;
10.5.3. "Hazardous chemicals" within the meaning of OSHA's Hazard Communication Rules, 29 CFR §1910.1200;
10.5.4. Any such materials regulated under state or local environmental laws and regulations similar to the foregoing federal authorities listed in 10.5.1-10.5.3 above; and
10.5. 5. Any materials not covered by, or exempted from, the sources listed in subsections 1- 4 above that may nevertheless pose a threat to human health or welfare or to the environment including, without limitation, petroleum, including crude oil or any faction thereof, radon, PCB’s, radioactive material, toxic pesticides and herbicide, volatile solvents, or materials containing asbestos and/or formaldehyde.
11. Default and Termination
. This Agreement may be terminated by either party for any reason upon 60 days’ notice to the other party. This Agreement may be terminated by City for cause if the City has a good faith belief that the District is not complying with the terms of this Agreement. In such event, City shall give written notice of the default (with reasonable specificity) to District and demand the default to be cured within ten (10) days of the notice. If: (a) District fails to cure the default within ten (10) days of the notice, or, (b) if more than ten (10) days are reasonably required to cure the default and District fails to give adequate written assurance of due performance to City within ten (10) days of the notice, then (c) City may either: (1) terminate this Agreement upon written notice to District, in which case the termination of this Agreement shall be effective on the date set forth in the ATTACHMENT 1
6 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
notice, or (2) remedy the default and charge District costs incurred by City, or (3) exercise any other remedy available at law or equity.
12. Restoration of Premises Upon Termination. Upon the expiration or earlier termination of this Agreement, and at the request of City, District shall remove all Dredge Project equipment from the Premises and shall further take all actions necessary to reasonably restore the Premises to a condition equal to or better than the condition which existed prior to Permittee’s entry on the Premises. District’s restoration of the Premises is subject to City’s review and approval of plans submitted to City by District and said work shall be completed at District’s sole cost and expense.
13. Notices
. Any notice or other communication under this Agreement shall be in writing and either served personally or sent by prepaid, first-class mail, addressed to the other party at the following addresses:
City: Public Works Director
City of Napa
P. O. Box 660
Napa, CA 94559-0660
District: Napa County Flood Control and Water Conservation District
804 First Street
Napa, CA 94559-2623
14. General Provisions
.
14.1. Headings
. The heading titles for each section of this Agreement are included only as a guide to the contents and are not to be considered as controlling, enlarging, or restricting the interpretation of the Agreement.
14.2. Severability. If any term of this Agreement (including any phrase, provision, covenant, or condition) is held by a court of competent jurisdiction to be invalid or unenforceable, the Agreement will be construed as not containing that term, and the remainder of this Agreement will remain in full force and effect; provided, however, this section will not be applied to the extent that it would result in a frustration of the parties’ intent under this Agreement.
14.3. Governing Law, Jurisdiction, and Venue. The interpretation, validity, and enforcement of this Agreement will be governed and interpreted in accordance with the laws of the State of California.
Any suit, claim, or legal proceeding of any kind related to this Agreement will be filed and heard in a court of competent jurisdiction in the County of Napa.
14.4. Attorney’s Fees. If any litigation is commenced to enforce or interpret this Agreement, the prevailing party is entitled to reasonable attorney’s fees, costs, and expenses incurred.
14.5. Assignment and Delegation. This Agreement will not be assigned or transferred in whole or in part, nor will any of the District’s duties be delegated without the City’s prior written consent. Any attempt to assign, transfer, or delegate this Agreement, in whole or any part, without the City’s prior written consent will be void and of no force or effect. Any consent by the City to one assignment, transfer, or delegation will not be deemed to be consent to any subsequent assignment, transfer, or delegation.
14.6. Modifications. This Agreement may not be amended or modified orally. No amendment or modification of this Agreement is binding unless it is in a writing signed by both parties.
14.7. Waivers. No waiver of a breach, default, or duty under this Agreement will be effective unless it is in writing and signed by the party waiving the breach, default, or duty. Waiver of a breach, default, or duty under this Agreement will not constitute a continuing waiver or a waiver of any subsequent breach, default, or duty under this Agreement.
ATTACHMENT 1
7 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
14.8. Entire Agreement. This Agreement, including all documents incorporated herein by reference, comprises the entire integrated understanding between the parties concerning the Services. This Agreement supersedes all prior negotiations, agreements, and understandings regarding this matter, whether written or oral. The documents incorporated by reference into this Agreement are complementary; what is called for in one is binding as if called for in all. If any provision in any document attached or incorporated into this Agreement conflicts or is inconsistent with a provision in the body of this Agreement, the provisions in the body of this Agreement will control over any such conflicting or inconsistent provisions.
14.9. Interpretation. Each party to this Agreement has had an opportunity to review the Agreement, and to consult with its respective legal counsel regarding the meaning of the Agreement. Accordingly, Civil Code section 1654 will not apply to interpret any uncertainty in the meaning of the Agreement.
[Signature Page to Follow]
ATTACHMENT 1
8 of 8
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
15. Signatures.
15.1. Counterparts. This Agreement may be executed in counterparts, each one of which is deemed an original, but all of which together constitute a single instrument.
15.2. Signatures; Electronic Signatures. The individuals executing this Agreement represent and warrant that they have the right, power, legal capacity, and authority to enter into and to execute this Agreement on behalf of the respective legal entities of the District and the City. The parties agree that this Agreement may be executed and transmitted electronically and that electronic signatures shall have the same force and effect as original signatures in accordance with the Electronic Signatures in Global and National Commerce Act, 15 U.S.C. 7001 et seq.; the California Uniform Electronic Transactions Act, Civil Code section 1633.1 et seq. and California Government Code section 16.5.
DISTRICT:
NAPA COUNTY FLOOD CONTROL AND WATER CONSERVATION DISTRICT
By _________________________________ Date: __________________
SCOTT SEDGELY
Chair of the Board of Directors
APPROVED AS TO FORM
District Counsel
By: Shana A. Bagley
District Counsel
Date: May 31, 2022
[PL No. 72953]
APPROVED BY THE NAPA
COUNTY FLOOD CONTROL AND
WATER CONSERVATION
DISTRICT
Date:
Processed By:
Deputy Clerk of the Board
ATTEST: NEHA HOSKINS
Secretary of the District Board
By:
CITY:
CITY OF NAPA, a California charter city
By:
Julie Lucido, Public Works Director
APPROVED AS TO FORM: COUNTERSIGNED:
By: By:
Michael Barrett, City Attorney Joy Riesenberg, Auditor
ATTEST:
By:
Tiffany Carranza, City Clerk
Effective Date
ATTACHMENT 1
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
EXHIBIT “A”
Premises
ATTACHMENT 1
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
Exhibit “B”
Haul Route
Haul Route:
Dredge material off-
loaded at South
Coombs Site and
trucked to South
Jefferson Site
ATTACHMENT 1
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
Exhibit “C”
Scope of Work
The District shall complete the Dredge Project pursuant to the following Scope of Work (SOW) and requirements:
SUMMARY/SCOPE OF WORK
A. The work generally consists of:
1. L oading and transport, using excavators, dump trucks, and other heavy equipment, of Dredge Project Material from the District Property along the Haul Route to the Premises.
2. Placement and grading of Dredge Project Material (not to exceed 52,000 cubic yards) on the Premises.
3. Treatment of disturbed areas with appropriate seed mixes and/or plantings to reduce risk or erosion or discharge of sediment from the Premises in accordance with accepted Best Management Practices (BMP).
REQUIREMENTS
A. District will award a contract for construction to a licensed general contractor to conduct the SOW in accordance with the terms of this Agreement. District will schedule and sequence all work so that the Dredge Project is completed no later than March 31, 2023.
B. District will provide plans and specifications for the Dredge Project to the City’s Public Works Director for review and written approval prior to distribution for bid.
C. Prior to loading, transport, or placement of Dredge Project material on the Premises or any grading, District will provide City with a final estimated amount of Dredge Project material to be placed on the Premises and a characterization report of Dredge Project materials (including testing for contamination) to be approved in writing by City’s Public Works Director.
D. All trucks operating within City streets shall comply with standard weight and size limits.
E. District shall notify City’s Public Works Director in writing 21 days prior to commencement of any Dredge Project activities on the Premises.
F. T he District shall cause its contractor to obtain a City encroachment permit prior to commencement of any Dredge Project activities on the Premises.
G. The District shall obtain grading permits from the City prior to conducting any grading activities on the Premises.
H. Construction activities will take place only during daytime hours from 7:00 a.m. and 6:00 p.m., Monday through Friday with no heavy equipment startup before 8:00 a.m. unless approved by City in accordance with City of Napa Municipal Code section 8.08.025.
I. All filling/placement and grading of dredge spoils materials on the Premises will conform to a grading plan prepared by District and submitted to City’s Public Works Director for written approval.
J. District will require that its contractor prepare a neighborhood disturbance mitigation plan and submit for review and approval to both City and District prior to District’s issuance of a Notice to Proceed to its contractor. The District shall designate a disturbance coordinator to provide effective communication with the Dredge Project stakeholders and neighbors. The email address and phone number for the disturbance coordinator shall be provided to stakeholders and neighbors.
K. District or its contractor will obtain, prior to commencement of Dredge Project activities, and maintain during the Term, all applicable local, state and federal permits, including permission from CalOES and FEMA in regard to placement of the dredge material on the Premises in accordance with the deed restrictions set forth in the Grant Deed recorded in the Official Records of Napa County on May 31, 2000, as Document Number 2000-0013526. District will coordinate Dredge Project activities with Federal and local partners including the City.
L. The District will be responsible for compliance with all construction and post-construction storm water quality and air quality best practice and regulations. The District shall conduct street sweeping along the Haul Route as frequently as necessary to keep the Haul Route free of material. All material loads transported to the Premises shall be covered.
ATTACHMENT 1
CITY OF NAPA AND NCFC&WCD LICENSE AGREEMENT
M. District will require its contractor to prepare a traffic control plan for the Haul Route in order to minimize disruption and impacts to local roadways during Dredge Project implementation.
The plan shall be submitted for review and written approval to both City and District prior to District’s issuance to its contractor of a Notice to Proceed for the Dredge Project. District shall coordinate with Caltrans for any approvals for hauling within Caltrans right-of-way along Imola Avenue.
N. Prior to start of loading, transport and grading activities, District will survey and document pre-Dredge Project City street surface conditions along the Haul Route. A copy of the photos and videos will be provided to City’s Public Works Director for review and written approval at least two weeks prior to the start of material transport. District shall not commence hauling of the dredge material to the Premises until after the City’s Public Work’s Director approves the survey and documentation in writing.
O. Prior to start of loading, transport and grading activities, the District shall perform at District’s sole cost and expense, repairs of selected areas of street surfaces along the Haul Route agreed to by City and District to be in poor condition. District shall cause its contractor to obtain an encroachment permit from the City prior to commencement of the agreed upon pre- Dredge Project street surface repairs. The encroachment permit application will document the selected areas agreed to for repair. The City will review the repair plan, provide any comments for corrections to the plan, and approve the final repair plan as part of encroachment permit approval.
P. F ollowing completion of Dredge Project activities, District will re-survey and document the post-Dredge Project City street surface conditions along the Haul Route. The District will be responsible for repairing damage to the roadway along the Haul Route caused by the Dredge Project.
ATTACHMENT 1