HomeMy WebLinkAbout09.09.2015 WB Agenda Packet Regular MtgCity of Bakersfield
Water Board
Regular Meeting of
September 9, 2015
Kern River at Hobo Camp Ground
Water Resources
File Packet
WATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, September 9, 2015 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of August 5, 2015 for approval - For Board
Review and Action
4. PUBLIC STATEMENTS
5. KERN RIVER LEVEE DISTRICT
b. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for July
2015 - For Board Information
7. HEARINGS
8. DEFERRED BUSINESS
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WATER BOARD
Harold Hanson, Chair
Bob Smith
Terry Maxwell
CITY OF BAKERSFIELD
WATER BOARD
REGULAR MEETING
Wednesday, September 9, 2015 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. MINUTES
A. Minutes of the Regular Meeting of August 5, 2015 for approval - For Board
Review and Action
4. PUBLIC STATEMENTS
5. KERN RIVER LEVEE DISTRICT
b. REPORTS
A. Kern River & Isabella Reservoir Operations Report - For Board Information
B. Update on Water Usage in the City's Domestic Water Service Area for July
2015 - For Board Information
7. HEARINGS
8. DEFERRED BUSINESS
Water Board Agenda
September 9, 2015
Page 2
9. NEW BUSINESS
A. Administrative Citations;
Emergency Ordinance Amending Chapter 14,02 to the Bakersfield
Municipal Code relating to Regulations for Urban Water Conservation
to Limit Irrigation of Turf and Landscapes.
B. Independent Contractor's Agreement with Carollo Engineers, Inc., ($90,000)
for On -call Services for Implementation of the 2014 Storm Water Management
Plan - For Board Review and Action
10. MISCELLANEOUS
11. WATER BOARD STATEMENTS
12. CLOSED SESSION
A. Conference with Legal Counsel - Potential Litigation
Closed Session pursuant to Government Code Section 54956.9(d)(2),(e)(1)
(One matter)
13. CLOSED SESSION ACTION
14. ADJOURNMENT
ART CHIANELLO, P,E.
Water Resources Manager
POSTED; September 4, 2015
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ADMINISTRATIVE REPORT
IFO IL� WATER BOARD
MEETING DATE: September 9, 2015 AGENDA SECTION: Minutes
ITEM: 3. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager
DATE: September 3, 2015
APPROVED
DEPARTMENT HEAD Lj
SUBJECT: Approval of the Minutes of the Regular Water Board Meeting of August 5, 2015.
RECOMMENDATION:
Staff recommends approval of the Minutes of the Regular Water Board Meeting of August 5,
2015.
BACKGROUND:
MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, August 5, 2015 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
CALL TO ORDER
Chairman Hanson called the meeting to order at 2;00 p.m.
2. ROLL CALL
Present; Chairman Hanson, Member Smith, Member Maxwell
Absent; None
3. MINUTES
A. Minutes of the Regular Meeting of June 10, 2015 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of June 10,
2015. APPROVED, ALL AYES
4. PUBLIC STATEMENTS
A. Dennis Fox spoke regarding the Westland Water District in Fresno, and how
water transfers from Bakersfield will affect our public image up north.
5. KERN RIVER LEVEE DISTRICT
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report
John Ryan, Hydrographic Supervisor, stated the midnight storage is at 32,632
acre feet; the current natural flow is running about 125 second feet; the
current City storage is 1,912 acre feet; and the estimate on the April -July run
off period is at 56,885 acre feet, which is the all -time recorded lowest in the
history of the records, The good news is the water year ends on September
30th. Information only, no action taken.
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MINUTES OF THE REGULAR MEETING
OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, August 5, 2015 - 2:00 p.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
CALL TO ORDER
Chairman Hanson called the meeting to order at 2;00 p.m.
2. ROLL CALL
Present; Chairman Hanson, Member Smith, Member Maxwell
Absent; None
3. MINUTES
A. Minutes of the Regular Meeting of June 10, 2015 for approval.
Motion by Maxwell to approve the minutes of the Regular Meeting of June 10,
2015. APPROVED, ALL AYES
4. PUBLIC STATEMENTS
A. Dennis Fox spoke regarding the Westland Water District in Fresno, and how
water transfers from Bakersfield will affect our public image up north.
5. KERN RIVER LEVEE DISTRICT
6. REPORTS
A. Kern River & Isabella Reservoir Operations Report
John Ryan, Hydrographic Supervisor, stated the midnight storage is at 32,632
acre feet; the current natural flow is running about 125 second feet; the
current City storage is 1,912 acre feet; and the estimate on the April -July run
off period is at 56,885 acre feet, which is the all -time recorded lowest in the
history of the records, The good news is the water year ends on September
30th. Information only, no action taken.
Bakersfield, California, August 5, 2015 - Page 2
6. REPORTS continued
B. Update on Water Usage in the City's Domestic Water Service Area for June
2015.
Jason Meadors, Water Resources Director, stated the monthly usage is
reported to the State by the 151h of each month. For the month of June 2015
there was a decrease for the total water production in the City's domestic
water service area of 33.9 percent for the total water produced; the
residential per capita basis was 35.8 percent. The State looks at total water
produced, so they will look at the 34% verses our goal which was set at 36 %.
Our system is doing well at conserving water. We didn't reach the target as of
June, but we are close. Also, a fact sheet was provided to explain how the
State will assess compliance for the period of June 1, 2015 through February
29, 2016.
Water Board Member Bob Smith stated that 35 -36 percent reduction is a
great effort by the City.
Chairman Harold Hanson asked if the letters to the top 50 water users have
been mailed out. Art Chianello, Water Resources Manager stated the letters
have been mailed out in batches and almost complete; several have been
returned with undeliverable addresses and will be resent.
Chairman Hanson stated he was contacted by Jim Scott, KGET 23, and asked
if the City will be looking into implementing a water reclamation program
such as some northern cities have implemented.
City Manager Tandy stated the City is currently studying expanding the tertiary
treatment plant in connection with an irrigation district and a private sector
property owner /agricultural interest. To change the usage of our affluent to
do 80 gallon pick -ups would require an alteration to our state permit. We are
constructing Phase 3 of the Sports Village which will consume more of our
capacity and entering into negotiations with these two entities. It is not worth
changing our permits on an interim basis when we're having the state look at
changing our permits on a longer term basis for this partnership.
Dennis Fox asked if the Stockdale Country Club Golf Course has their own
well, as when it was first Tevis Ranch.
Art Chianello, Water Resources Manager, stated Stockdale Country Club has
a private well and that's how the golf course is being irrigated. The
surrounding area is Stockdale Mutual which also has its own water well which
is potable water. Stockdale Mutual and Stockdale Country Club records their
pumping data and pay a pump tax to Improvement District No, 4. They are
also expected to meet the state's required reductions.
HEARINGS -None
8. DEFERRED BUSINESS - None
Bakersfield, California, August 5, 2015 - Page 3
9. NEW BUSINESS - None
10. MISCELLANEOUS - None
11, WATER BOARD STATEMENTS
Chairman Hanson stated he is proud of the City's efforts to save water and asked
when do we get the July numbers?
Jason Meadors, Water Resources Director, stated that He will be meeting with Cal
Water on Thursday to compile the numbers.
Dennis Fox made a comment regarding the weed growth in the Isabella Reservoir.
12. CLOSED SESSION
A. Conference with Legal Counsel - Existing Litigation
Closed session pursuant to Government Code section 54956.9(d)(1)
(Two Cases)
North Kern Water Storage District, et al v. City of Bakersfield
Tulare County Superior Court Case Nos. VCU25178 (consolidated
with Case Nos. VCU251598 and VCU251535)
2. State Water Resources Control Board
Reference No. KMG:A31674
Recess to Closed Session at 2:18 p.m.
Closed Session was adjourned at 3:04 p.m.
13. CLOSED SESSION ACTION
Virginia Gennaro, City Attorney, state Staff was given direction on Closed Session
Item 12, A.
14. ADJOURNMENT
Chairman Hanson adjourned the meeting at 3:05 p.m.
Harold Hanson, Chairman
City of Bakersfield Water Board
Bobbie Zaragoza, CIVIC
Secretary, City of Bakersfield Water Board
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ADMINISTRATIVE REPORT
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MEETING DATE: September 9, 2015 AGENDA SECTION: Reports
ITEM: 6. A.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager
DATE: September 3, 2015
APPROVED
DEPARTMENT HEAD
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report by John Ryan Hydrographic Supervisor on current Kern River flow and
Isabella storage conditions.
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MEETING DATE: September 9, 2015 AGENDA SECTION: Reports
ITEM: 6.B.
TO:
FROM:
DATE:
SUBJECT
Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
Art Chianello, Water Resources Manager DEPARTMENT HEAD
September 3, 2015
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A PPROVED
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Update on Water Usage in the City's Domestic Water Service Area for July 2015.
RECOMMENDATION: For Board information.
BACKGROUND: The emergency drought regulations implemented by the Governor
require the City to report water usage to the State by the 15th of each month. The City
began reporting monthly water usage for its domestic water service area in June 2014.
Table 1 below shows information that was reported to the State for the month of July
2015. Note that one (1) CCF is one hundred cubic feet, or 748 gallons. "R -GPCD" is the
residential gallons per person per day water usage.
Table 1
July 2013
July 2015
Increase/
Decrease -
Total Water Produced (CCF)
2,473,680
1,694,296
- 31.5%
Population
135,851
142,980
7,129
Residential Use Percentage
70.8%
74.0
R -GPCD
311
212
- 32.0%
Total Residential Connections
38,933
40,976
2,043
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ADMINISTRATIVE REPORT
WATER BOARD
The State Water Resources Control Board will assess compliance for the period of June
1, 2015 through February 29, 2016. The City's conservation standard goal is 36 %, which
was established by the State. As of the end of July 2015, the City's cumulative savings is
32.6% as shown in Table 2 below.
Table 2
2013
2015
Month
2013
2015
Monthly
Cumulative
Cumulative
Cumulative
Water
Water
Use
Use
Savings
Usage
Usage
Savings
CCF
CCF
CCF
CCF
June -15
2,082,532
1,377,011
-33.9%
2,082,532
1,377,011
-33.9%
Jul -15
2,473,852
1,694,414
-31.5%
4,556,384
3,071,425
-32.6%
5:\2015 Water Board \9.09.15 Water Board \Water usage update July 2015.doex
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ADMINISTRATIVE REPORT
WATER BOARD
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MEETING DATE: September 9, 2015 AGENDA SECTION: New Business
ITEM: 9. A.
TO:
FROM:
DATE:
SUBJECT
Harold Hanson, Chairman
Terry Maxwell, Member
Bob Smith, Member
APPROVED
Virginia Gennaro, City Attorney DEPARTMENT HEAD
September 4, 2015 CITY ATTORNEY v
Administrative Citations:
1. An Emergency Ordinance Amending Chapter 14.02 to the Bakersfield
Municipal Code Relating to Regulations for Urban Water Conservation to
Limit Irrigation of Turf and Landscapes.
RECOMMENDATION:
Staff recommends adoption of the Emergency Ordinance.
BACKGROUND: On January 17, 2014, the Governor of California declared a State of Emergency
to exist due to the ongoing severe drought conditions. The continuation of the drought has led
the Governor to issue multiple executive orders, culminating with his April 1, 2015 executive order
which tasked the State Water Resources Control Board with imposing restrictions to achieve a
statewide 25% reduction in potable urban water usage through February 28, 2016.
On May 5, 2015, the State Water Resources Control Board adopted an emergency regulation to
address the Governor's April 1 executive order. To reach the statewide 25% reduction mandate,
the emergency regulation assigned each urban water supplier a conservation standard. The City
was given a conservation standard of 36 %.
Despite the adoption of the ordinance limiting the irrigation of outdoor landscaping to three
days per week, the City still narrowly missed its 36% reduction target by 2% in June and 4% in July.
Therefore, the City must take additional steps to reach the reduction target going forward.
This Emergency Ordinance will give the City an additional enforcement tool to use against water
users that are not complying with the City's water use regulations by creating an administrative
citation process. This Emergency Ordinance is necessary for the immediate preservation of the
public health, peace, property, and safety.
Before this Emergency Ordinance is submitted to the City Council, staff would like to receive
comment and input from the Water Board. Copies of the draft Emergency Ordinance will be
provide at the meeting.
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ADMINISTRATIVE REPORT
cAL`P WATER BOARD
MEETING DATE: September 9, 2015 AGENDA SECTION: New Business
ITEM: 9.13.
TO: Harold Hanson, Chairman
Bob Smith, Member
Terry Maxwell, Member
FROM: Art Chianello, Water Resources Manager
DATE: September 3, 2015
APPROVED
%�
DEPARTMENT HEAD L �P`
SUBJECT: Independent Contractor's Agreement with Carollo Engineers, Inc. ($90,000) for
On -Call Services for Implementation of the 2014 Storm Water Management Plan.
RECOMMENDATION: Approval of agreement by Water Board and referral to City Council for
final approval.
BACKGROUND: The City of Bakersfield (City) and the County of Kern (County) jointly hold a
National Pollutant Discharge Elimination System ( NPDES or Permit) Permit issued by the California
Regional Water Quality Control Board (RWQCB). The purpose of the Permit is to ensure that the
discharge of storm water does not negatively impact the Kern River and local canals. Although
it is a joint Permit, costs associated with conformance to the Permit are separated between City
and County. In addition, lack of performance from either entity will not be associated with and
negatively impact the other entity.
Since the early 2000's, the Water Resources Department has overseen the NPDES storm water
monitoring and reporting program. The Water Resources Department works with other City
Departments and the County to prepare and submit Annual Reports on permit compliance to
the RWQCB.
Per the permit the City and County submitted an updated SWMP on September 8, 2014 to the
RWQCB. The engineering and analysis required to write the updated SWMP was performed by
Carollo Engineers. Carollo Engineers was used for several reasons; their professional experience
in working with the Regional Water Quality Control Board, their knowledge of state law and all
regulations, their extensive expertise in administering stormwater programs, and their
competitive rates.
Due to Carollo's familiarity with the City's SWMP, staff is recommending that the City enter into a
new agreement with Carollo for the implementation of the SWMP program. Carollo Engineer's
would provide on -call support and assistance to all City Departments that have responsibilities
to comply with the SWMP. Carollo has provided a time and material proposal in an amount
not -to- exceed $90,000 for a two year contract to provide such services.
Funds are available from the Water Resources Department's FY 2015 -16 Agricultural Water
Division Operations budget.
5:\2015 Water Board \9.09.15 Water Board \SWMP Agreement with Carollo.docx
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 CAROLLO ENGINEERS, INC. ( "CONTRACTOR" herein).
RECITALS
WHEREAS, CONTRACTOR represents CONTRACTOR is experienced, well
qualified and a specialist in the field of Storm Water Management Programs,
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: Provide On -Call
Services for implementation of the 2014 Storm Water Management Plan, more
specifically described in "Scope of Work" letter dated April 2, 2015 (see Exhibit "A "),
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. 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 payment of Ninety Thousand
Dollars ($90,000) which shall be paid as follows: completed services after receipt of
an itemized invoice approved by the Water Resources Manager or his designee.
The compensation set forth in this section shall be the total compensation under this
Agreement including, but not limited to, all out -of- pocket costs and taxes. CITY
shall pay only the compensation listed unless otherwise agreed to in writing by the
parties.
3. 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 CONTRACTORSs itemized invoice.
INDEPENDENT CONTRACTOR'S AGREEMENT
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-- Page 1 of 9 Pages --
4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be
assigned to the work set forth herein. All key personnel shall be properly licensed
and have the experience to perform the work called for under this Agreement.
CONTRACTOR shall provide background for each of the key personnel including,
without limitation, resumes and work experience in the type of work called for
herein. CITY reserves the right to approve key personnel. Once the key personnel
are approved CONTRACTOR shall not change such personnel without the written
approval of CITY.
5. STARTING 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. If a corporation, at least one officer or key employee shall hold the
required licenses or professional degrees. If a partnership, at least one partner shall
hold the required licensees or professional degrees,
9. STANDARD OF PERFORMANCE. All work shall be performed in
conformity with all legal requirements and industry standards observed by a
specialist of the profession in California.
10. MERGER AND MODIFICATION. This contract sets forth the entire
Agreement between the parties and supersedes all other oral or written
representations. This contract may be modified only in a writing approved by the
City Council and signed by all the parties.
INDEPENDENT CONTRACTOR's AGREEMENT
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-- Page 2 of 9 Pages --
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. TERM. Unless terminated sooner, as set forth herein, this Agreement
shall terminate on September 30, 2017.
13. TERMINATION. This Agreement may be terminated by any party upon
ten (10) days written notice, served by mail or personal service, to all other parties.
14. COMPLIANCE WITH ALL LAWS. CONTRACTOR shall, at CONTRACTOR's
sole cost, comply with all of the requirements of Municipal, State, and Federal
authorities now in force, or which may hereafter be in force, pertaining to this
Agreement, and shall faithfully observe in all activities relating to or growing out of
this Agreement all Municipal ordinances and State and Federal statutes, rules or
regulations, and permitting requirements now in force or which may hereafter be in
force including, without limitation, obtaining a City of Bakersfield business tax
certificate (Bakersfield Municipal Code Chapter 5.02) where required.
15. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies
to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be
listed in a bid proposal, be subject to the requirements of Section 4104 of the Public
Contract Code, or engage in the performance of any contract for public work, as
defined in this chapter, unless currently registered and qualified to perform public
work pursuant to Section 1725,5. It is not a violation of Labor Code Section 1771.1
for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of
the Business and Professions Code or by Section 10164 or 20103.5 of the Public
Contract Code, provided the contractor is registered to perform public work
pursuant to Section 1725.5 at the time the contract is awarded. The prime
contractor is required to post job site notices in compliance with Title 8 California
Code of Regulations Section 16451, This project is subject to compliance
monitoring and enforcement by the Department of Industrial Relations.
16. INDEPENDENT CONTRACTOR. This Agreement calls for the performance
of the services of CONTRACTOR as an independent contractor. CONTRACTOR is
not an agent or employee of the CITY for any purpose and is not entitled to any of
the benefits provided by CITY to its employees. This Agreement shall not be
construed as forming a partnership or any other association with CONTRACTOR
other than that of an independent contractor.
INDEPENDENT CONTRACTOR's AGREEMENT
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-- Page 3 of 9 Pages --
17. DIRECTION. CONTRACTOR retains the right to control or direct the
manner in which the services described herein are performed.
18. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials
and supplies necessary to perform the services under this Agreement,
19. 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;
19.1 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;
19.1.1 Provide coverage for owned, non -owned and hired
autos.
19.2 Broad form commercial general liability insurance, unless
otherwise approved by the CITY's Risk Manager, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons, property
damage and personal injury, with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall;
19.2.1 Provide contractual liability coverage for the terms of
this Agreement.
19.2.2 Provide unlimited products and completed operations
coverage.
19.2.3 Contain an additional insured endorsement in favor of
the City, its mayor, council, officers, agents,
employees and volunteers.
19.2.4 All policies shall be written on a first - dollar coverage
basis, or contain a deductible provision. Subject to
advance approval by the CITY, CONTRACTOR may
utilize a Self- Insured Retention provided that the policy
shall not contain language, whether added by
endorsement or contained in the Policy Conditions,
that prohibits satisfaction of any Self- Insured provision
INDEPENDENT CONTRACTOR'S AGREEMENT
SA2015 CONTRACTS \Independent -k Carollo 2014 SWMP.docx
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-- Page 4 of 9 Pages --
or requirement by anyone other than the Named
Insured, or by any means including other insurance or
which is intended to defeat the intent or protection of
an Additional Insured.
19.4. Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence, and the policy shall contain a waiver of subrogation in
favor of the City, its mayor, council, officers, agents, employees and volunteers.
19.5 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.
19.6 Except for workers' compensation, insurance is to be placed with
insurers with a Best's rating as approved by CITY's Risk Manager, but in no event 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 Best's A -:VII, must be declared prior to execution of this
Agreement and approved by the CITY in writing,
19.7 Unless otherwise approved by CITY's Risk Manager, all policies
shall contain an endorsement providing the CITY with thirty (30) days written notice
of cancellation or material change in policy language or terms. All policies shall
provide that there shall be continuing liability thereon, notwithstanding any
recovery on any policy. Copies of policies shall be delivered to CITY on demand.
19.8 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.
19.9 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.
INDEPENDENT CONTRACTOR's AGREEMENT
SA2015 CONTRACTS \Independent -k Carollo 2014 SWMP.docx
August 24, 2015
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19.10 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.
19.11 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.
19.12 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.
19.13 CONTRACTOR shall provide, if 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.
20. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will
timely notify CONTRACTOR of third party claims relating to this contract. CITY shall
be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on
demand, all costs of notification.
21. 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 orjudicial tribunals of any kind whatsoever, arising out of, connected
with, or caused by CONTRACTOR, CONTRACTOR's employees, agents,
independent contractors, companies, or subcontractors in the performance of, or
in any way arising from, the terms and provisions of this Agreement whether or not
caused in part by a party indemnified hereunder, except for CITY's sole active
negligence or willful misconduct.
22. 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.
INDEPENDENT CONTRACTOR'S AGREEMENT
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23. 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
(661) 326 -3715
CONTRACTOR: CAROLLO ENGINEERS
PENNY CARLO, P.E.
710 W. Pinedale Avenue
FRESNO, CA 93711
24. 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,'
25. 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.
26. ASSIGNMENT. Neither this Agreement nor any rights, interests, duties,
liabilities, obligations or responsibilities arising out of, concerning or related in any
way to this Agreement (including, but not limited to, accounts, actions, causes of
action, claims, damages, demands, liabilities, losses, obligations, or reckonings of
any kind or nature whatsoever, for compensatory or exemplary and punitive
damages, or declaratory, equitable or injunctive relief, whether based on contract,
equity, tort or other theories of recovery provided for by the common or statutory
law) may be assigned or transferred by any party. Any such assignment is
prohibited, and shall be unenforceable and otherwise null and void without the
need for further action by the non - assigning party or parties.
INDEPENDENT CONTRACTOR's AGREEMENT
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27. 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.
28. 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.
29. 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.
30. 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.
31. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number 86- 0899222
CONTRACTOR is a corporation? Yes x No
(Please check one.)
32. NON - INTEREST. No officer or employee of the CITY shall hold any
interest in this Agreement (California Government Code section 1090).
33. RESOURCE ALLOCATION. All obligations of CITY under the terms of this
Agreement are subject to the appropriation and allocation of resources by the City
Council.
INDEPENDENT CONTRACTOR's AGREEMENT
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
"CITY"
CITY OF BAKERSFIELD
HARVEY L. HALL
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
VIRGINIA GENNARO
City Attorney
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
ART CHIANELLO, P.E.
WATER RESOURCES MANAGER
COUNTERSIGNED:
NELSON SMITH
Finance Director
Attachment: Exhibit A
INDEPENDENT CONTRACTOR's AGREEMENT
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August 24, 2015
"CONTRACTOR"
CAROLLO ENGINEERS, INC.
Print Name:
Title:
-- Page 9 of 9 Pages --
City of Bakersfield
Scope of Work
for
On -Call Services for Implementing the 2014 Storm Water Management Plan
City of Bakersfield
and
Carollo Engineers, Inc., a Delaware Corporation
April 2, 2015
OBJECTIVE
The City of Bakersfield's (City) Waste Discharge Requirements (Order R5- 2013 -0153) (2013 Permit) for
their Municipal Separate Storm Sewer System (MS4), required an update to the City's 2006 Storm Water
Management Program (SWMP) to comply with the requirements of the 2013 Permit. The 2014 SWMP
was completed in February 2015. In the 2014 SWMP, several program activities were identified for
implementation between adoption of the plan and the 2015/2016 reporting period. The purpose of this
scope of work is to assist the City of Bakersfield with the implementation of the 2014 SWMP.
SCOPE OF SERVICES
Carollo Engineers, Inc. (CONSULTANT) shall perform on -call services that may include providing
assistance with the following tasks:
• Developing report formats
• Assist in the review and evaluation of existing procedures and protocols. Contribute to
developing revised procedures and protocols.
• Developing database structure /formats for various program elements (construction projects,
industrial and commercial facilities, public facilities, municipal facilities, industrial public
facilities, training activities, post- construction controls., etc.)
• Developing water quality prioritization criteria and basis for inspection or activity frequency
• Developing inspection forms
• Identifying training needs and opportunities
• Identifying internal and external informational and educational materials
• Assist with developing storm drain marker program
• Identifying outreach and educational program needs and opportunities
• Assist with implementing monitoring program
• Assist with implementing the special studies
• Assist with developing the program effectiveness evaluation
PAYMENT
The fee for this scope of work is for time and materials for up to ninety- thousand dollars ($90,000), not
be exceeded without written consent of the City. The City will provide email authorization of specific
tasks based on a description of task activities. Monthly invoices will be submitted for the work
completed.
BA
ADMINISTRATIVE REPORT
O WATER BOARD
ALIFO
MEETING DATE: September 9, 2015 AGENDA SECTION: Closed Session
ITEM: 12. A.
TO: Harold Hanson, Chairman
Terry Maxwell, Member
Bob Smith, Member
FROM: Virginia Gennaro, City Attorney DEPARTMENT HEAD
DATE: September 2, 2015 CITY ATTORNEY
APPROVED
V4�
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SUBJECT: Conference with Legal Counsel — Potential Litigation
Closed session pursuant to Government Code Section 54956.9(d)(2),(e)(1)
(One matter).
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