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HomeMy WebLinkAbout11.14.2018 WB Agenda Packet Reg MtgCity of Bakersfield Water Board Regular Meeting of November 14, 2018 Sherman Peak — November 7, 2018 Water Resources File Packet WATER BOARD Bob Smith, Chair Jacquie Sullivan Ken Weir CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, November 14, 2018 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Regular Meeting of October 10, 2018 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 October 2018 - For Board Information 7. NEW BUSINESS A. Request for Proposals (RFP) to conduct a comprehensive Water Rate Study for the City's Water Availability Fees and Monthly Water Rates. Staff recommends the Water Board authorize staff to issue a RFP to secure a consultant to conduct a Water Rate Study. B. Agreement with Sierra Snow Surveys to conduct snow surveying. Staff recommends the Water Board refer agreement to the City Council for approval, B A K E R S F I E L D WATER BOARD Bob Smith, Chair Jacquie Sullivan Ken Weir CITY OF BAKERSFIELD WATER BOARD REGULAR MEETING Wednesday, November 14, 2018 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 AGENDA CALL TO ORDER 2. ROLL CALL 3. MINUTES A. Minutes of the Regular Meeting of October 10, 2018 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 October 2018 - For Board Information 7. NEW BUSINESS A. Request for Proposals (RFP) to conduct a comprehensive Water Rate Study for the City's Water Availability Fees and Monthly Water Rates. Staff recommends the Water Board authorize staff to issue a RFP to secure a consultant to conduct a Water Rate Study. B. Agreement with Sierra Snow Surveys to conduct snow surveying. Staff recommends the Water Board refer agreement to the City Council for approval, Water Board Agenda November 14, 2018 WATER BOARD STATEMENTS CLOSED SESSION 10. CLOSED SESSION ACTION 11, ADJOURNMENT ART CHIANELLO, P.E. POSTED: November 9, 2018 Page 2 O�BAKE �GORPORA f �Sl" ADMINISTRATIVE REPORT IF0 WATER BOARD � MEETING DATE: November 14, 2018 AGENDA SECTION: Minutes ITEM: 3. A. TO: Bob Smith, Chairman Jacquie Sullivan, Member Ken Weir, Member FROM: Art Chianello, Water Resources Manager DATE: November 8, 2018 DEPARTMENT HEAD APPROVED f,,Gs SUBJECT: Approval of the Minutes of the Regular Water Board Meeting of October 10, 2018. RECOMMENDATION: Staff recommends approval of the Minutes of the Regular Water Board Meeting of October 10, 2018. BACKGROUND: MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, October 10, 2018 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1, CALL TO ORDER Chairman Smith called the meeting to order at 2;05 p.m. 2. ROLL CALL Present; Chairman Smith, Member Sullivan (seated at 2;09 p.m.), Member Weir Absent; None 3. MINUTES A. Minutes of the Regular Meeting of June 13, 2018 for approval. Motion by Member Weir to approve the Minutes ofJune 13, 2018. APPROVED ALL AYES, SULLIVAN ABSENT. 4. PUBLIC STATEMENTS A. Dennis Fox spoke regarding American Society of Civil Engineers Infrastructure Report Card regarding drinking water infrastructure. 5. KERN RIVER LEVEE DISTRICT - None 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information John Ryan, Superintendent, presented various graphs of Kern River natural flow, regulated flow, and Isabella reservoir storage. Mr. Ryan stated the current storage as of October 1St is at 71,400 acre feet for the Kern River interest group. Currently, inflow to Isabella is at 185 cubic feet per second and outflow is at 255 cubic feet per second. Current storage as of midnight October 9th is 69,834 acre feet. The April -July runoff for 2018 is 491/o of average which yields a volume of 226,648 acre feet, Board information only, no action taken. 00. i B A K E R S F I E L D MINUTES OF THE REGULAR MEETING OF THE WATER BOARD - CITY OF BAKERSFIELD Wednesday, October 10, 2018 - 2:00 p.m. Water Resources Building Conference Room 1000 Buena Vista Road, Bakersfield, CA 93311 1, CALL TO ORDER Chairman Smith called the meeting to order at 2;05 p.m. 2. ROLL CALL Present; Chairman Smith, Member Sullivan (seated at 2;09 p.m.), Member Weir Absent; None 3. MINUTES A. Minutes of the Regular Meeting of June 13, 2018 for approval. Motion by Member Weir to approve the Minutes ofJune 13, 2018. APPROVED ALL AYES, SULLIVAN ABSENT. 4. PUBLIC STATEMENTS A. Dennis Fox spoke regarding American Society of Civil Engineers Infrastructure Report Card regarding drinking water infrastructure. 5. KERN RIVER LEVEE DISTRICT - None 6. REPORTS A. Kern River & Isabella Reservoir Operations Report - For Board Information John Ryan, Superintendent, presented various graphs of Kern River natural flow, regulated flow, and Isabella reservoir storage. Mr. Ryan stated the current storage as of October 1St is at 71,400 acre feet for the Kern River interest group. Currently, inflow to Isabella is at 185 cubic feet per second and outflow is at 255 cubic feet per second. Current storage as of midnight October 9th is 69,834 acre feet. The April -July runoff for 2018 is 491/o of average which yields a volume of 226,648 acre feet, Board information only, no action taken. Bakersfield, California, October 10, 2018 - Page 2 b. REPORTS continued B. Update on Isabella Dam Repairs Cost Sharing. Art Chianello, Water Resources Manager, gave a brief slide presentation regarding storage rights and construction cost sharing for Army Corps Lake Isabella dam remediation project. The construction completion date is 2022. Mr, Chianello provided the June 2018 Memorandum of Understanding (MOU) regarding The Contract for Repayment of Funds Expended for Federally Performed Isabella Dam Safety Modification Project to the Water Board. The MOU is an agreement of intent to share costs and does not change any existing agreements. Staff recommends forwarding the MOU to the full City Council for review and approval. Motion by Member Sullivan to forward the June 2018 Memorandum of Understanding to the full City Council for review and approval. APPROVED ALL AYES. C. Update on Water Usage in the City's Domestic Water Service Area from August 2017 through August 2018. Art Chianello, Water Resources Manager, compared water usage levels from August 2017 through August 2018 as compared to the 2013 water use levels. Even though there is no longer a conservation target for the City's Domestic Water Service Area, the City is still recommending that conservation efforts by our residents continue due to historically low groundwater levels. From August 2017 through August 2018 the City's Domestic Water Service Area saved 4,040 acre feet compared to 2013 quantities. The cumulative water savings over this time period is about 8.1% reduction from 2013 quantities. Also, the population increased from 135,535 in 2013 to approximately 150,000 in the City's domestic water service area. Accounting for population growth, the cumulative savings per capita is approximately 17%. Information only, no action taken, NEW BUSINESS A. Update on the TCP Mitigation Project. Sam Blue, Civil Engineer III, gave a brief update, Mr, Blue stated the State Water Board has adopted a new maximum contaminant level (MCL) for the groundwater contaminant 123 - Trichloropropane (TCP). The City has identified and is working towards retrofitting 35 wells in the system that need TCP treatment. Currently 19 of the wells equipped with TCP treatment and are on-line and are providing water to the City's system. Cal Water has provided well -site startup services for the first 27 of the 35 wells. The remaining 8 wells to receive TCP treatment are under construction. As a result, an amendment to that agreement extending the term and compensation ($75,000) is now required for Cal Water to perform startup services for the final group of wells. Bakersfield, California, October 10, 2018 - Page 3 7. NEW BUSINESS continued A. Motion by Weir to forward Amendment 1 to Agreement No. 17-194 with Cal Water for an additional amount of $75,000, to the full City Council for review and approval. 8. WATER BOARD STATEMENTS - None 9. CLOSED SESSION At the request of City Attorney Gennaro, Closed Session Items A and C have been pulled from the Agenda. Conference with Legal Counsel - Existing Litigation Closed Session pursuant to Government Code section 54956.9(d)(1). (Three matters) A. North Kern Water Storage District v. City of Bakersfield; Ventura County Superior Court Case No, 56-2011-00408712-CU-CO-VTA B. State Water Resources Control Board Application No. A031673 et. al. C. State Water Resources Control Board Consolidation Order No. 03-12-18R-002(Order), and Consolidation Order No. 03-12-18R-003(Order) Chairman Smith recessed the regular meeting to Closed Session at 2:37 p.m. Chairman Smith adjourned Closed Session and reconvened to the regular meeting at 2:47 p,m, 10. CLOSED SESSION ACTION City Attorney Gennaro stated there is no reportable action regarding Closed Session Item B. 11. ADJOURNMENT Chairman Smith adjourned the meeting at 2:48 p.m. Bob Smith, Chairman City of Bakersfield Water Board Bobbie Zaragoza, CMC, Secretary City of Bakersfield Water Board BAKEh Q� �GOHPOgAT6 `is�� ADMINISTRATIVE REPORT c�L`lP WATER BOARD MEETING DATE: November 14, 2018 AGENDA SECTION: Reports ITEM: 6. A. TO: Bob Smith, Chairman Jacquie Sullivan, Member Ken Weir, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD C� C DATE: November 8, 2018 SUBJECT: Kern River & Isabella Reservoir Operations Report RECOMMENDATION: For Board Information BACKGROUND: Report on current Kern River flow and Isabella storage conditions. 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TO: FROM: DATE: SUBJECT Bob Smith, Chairman Jacquie Sullivan, Member Ken Weir, Member APPROVED Art Chianello, Water Resources Manager DEPARTMENT HEAD November 8, 2018 Update on Water Usage in the City's Domestic Water Service Area for October 2018 RECOMMENDATION: For Board information BACKGROUND: On April 7, 2017, the Governor ended the Drought State of Emergency for California's water purveyors. Even though there is no longer a conservation target for the City's Domestic Water Service Area, the City is still recommending that conservation efforts by our residents continue due to historically low groundwater levels. For October 2018 the City's Domestic Water Service Area saved 118,442,808 gallons of water (363 acre-feet) compared to October 2013 quantities. The gallons per capita per day (gpcd) was reduced from 241 gpcd to 199 gpcd or a reduction of -17.4%. �oFoRKERs�� ADMINISTRATIVE REPORT WATER BOARD RLIFO � MEETING DATE: November 14, 2018 AGENDA SECTION: New Business ITEM: 7.A. TO: Bob Smith, Chairman Jacquie Sullivan, Member Ken Weir, Member APPROVED FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD 4(2 DATE: November 6, 2018 SUBJECT: Request for Proposals (RFP) to conduct a comprehensive Water Rate Study for the City's Water Availability Fees and Monthly Water Rates. RECOMMENDATION: Staff recommends the Water Board authorize staff to issue a RFP to secure a consultant to conduct a Water Rate Study. BACKGROUND: Monthly Water Rates and Water Availability Fees are defined per the Bakersfield Municipal Code: Water Availability Fees (Municipal Code 14.04.120.13): these are one-time fees charged for water service facilities required to enable development of all areas served by the City water system, which compensate the City for the expense incurred in furnishing source, storage, and water distribution facilities, and related capital project expenses including, but not limited to, costs of acquisition and financing and necessary costs of operation, maintenance, replacement, improvement and extension of the water system. In June 2015, the City Council approved the current availability fee with an effective date of July 1, 2015. Monthly Water Rates (Municipal Code 14.04.120.A): these are monthly rates for water usage consisting of two components: (1) the "readiness to serve fee," which is a flat rate for all customers based on the size of connection; and (2) a "quantity unit rate" based on the quantity of water used. The City also provides water to private fire protection services via a flat rate monthly charge. In July 2017, the City Council approved the Current water rates, which become effective October 1, 2017. The basis for the last water availability fee was conducted in 2006. Since that time there has been significant water system growth, increased costs of building water distribution facilities, and new costs associated with building facilities to comply with stricter groundwater quality regulations. Due to these changes over time, it is recommended to have a thorough review of the fees and rates to ensure that they are consistent with the cost of providing water service. Because of the complexity in computing these rates and fees, staff recommends that a consultant with experience in performing public utility rate studies be retained via a RFP process to review the City's current Water Availability Fees and Monthly Water Rates. The selected Q�BAKE( ADMINISTRATIVE REPORT NcaRr�fl�TP �V WATER BOARD c�LIF 0 consultant will make recommendations to ensure the long-term fiscal sustainability of the Domestic Enterprise Fund while keeping customer rates as low as prudently as possible. Recent costs to install TCP removal equipment is a good indicator of future costs. It is estimated the TCP Mitigation Project will be completed by the end of the 2018 calendar year. The final Capital costs will be useful in this study to ensure future replacement, improvement, and extension to the Domestic Water system will be appropriately funded. Moreover, upon completion of the TCP Mitigation Project, staff will track actual Operating and Maintenance (O&M) costs incurred for TCP treatment (i.e., carbon change -outs, water sampling) over the course of a 12 -month operating cycle. This will provide expenditure data to incorporate as part of the study for Monthly Water Rates. As such, staff recommends the study be implemented in two phases by the same consultant selected during the RFP process: Phase I - Water Availability Fee Study Beginning in January 2019, selected consultant will use final TCP Mitigation Project capital cost data and other relevant budget information to conduct a rate study of the City's Water Availability Fee. Presentation of the recommended fees to be presented to City Council is expected to occur the first half of calendar year 2019. Phase II -Monthly Water Rate Study Beginning in January 2020, selected consultant will use actual O&M expenditure data and other relevant budget information to conduct a rate study of the City's Domestic Water Rates. Presentation of the recommended fees to be presented to City Council is expected to occur the first half of calendar year 2020. Until this Water Rate Study is completed, it is anticipated that no adjustments to the current Water Availability Fee nor Monthly Water Rates will occur. OFBAKE ! ADMINISTRATIVE REPORT �GORPONAASp� �l"' WATER BOARD ARY iL�` c`�LIF'o r t. MEETING DATE: November 14, 2018 AGENDA SECTION: New Business ITEM: 7.B. TO: Bob Smith, Chairman Jacquie Sullivan, Member Ken Weir, Member FROM: Art Chianello, Water Resources Manager DEPARTMENT HEAD DATE: November 8, 2018 SUBJECT: Agreement with Sierra Snow Surveys to conduct snow surveying. APPROVED �(2 RECOMMENDATION: Staff recommends that the Water Board refer agreement to City Council for approval. BACKGROUND: Historically, the State of California Department of Water Resources (DWR), Snow Surveys Division conducted monthly field snow surveys at 1 1 snow courses in the Eastern Sierra Nevada Mountain Range portion of the Kern Basin. This process would gather data necessary for the state's April through July spring snow melt forecast for the Kern River. Upon completion of each annual survey, the City would be invoiced approximately $65,000. The actual cost to the City, however, would be approximately 22% (or $14,500) of the total cost for the survey, with the balance being reimbursed back to the City by other Kern River water right holders. After the 2017 water year, (DWR) eliminated this service for the Kern and Kaweah Basins. The Kern Basin was measured by a private contractor in 2018 hired by the City of Bakersfield, Water Resources Department. The snow course data was shared with DWR for the monthly runoff forecast. Water Resources is proposing to enter into a new contract for snow surveying in the 1 1 snow courses with Sierra Snow Surveys, who was the previous contractor for the 2018-2019 water year. The cost for this survey is a budgeted line item within the River and Agriculture Water Division's operating budget and is estimated to cost approximately $60,000, As previously mentioned, the costs will be shared with the Kern River Water Right holders proportionally. The actual cost to the City will be 22% (or $12,200) of the total cost for the survey, with the balance being reimbursed back to the City by the other Kern River water right holders. AGREEMENT NO. INDEPENDENT CONTRACTOR'S AGREEMENT This INDEPENDENT CONTRACTOR'S AGREEMENT ("Agreement") is made and entered into on , by and between the CITY OF BAKERSFIELD, a municipal corporation, ("CITY") and SIERRA SNOW SURVEYS ("CONTRACTOR"). RECITALS WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well qualified and a specialist in the field of performing snow measurement surveys. WHEREAS, CONTRACTOR represents CONTRACTOR has equipment and personnel readily available to complete project as scheduled; WHEREAS, CITY desires to employ CONTRACTOR to perform snow measurement surveys. NOW, THEREFORE, incorporating the foregoing recitals herein, CITY and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. In exchange for the Compensation (defined below), CONTRACTOR shall perform the following: provide the personnel and equipment necessary to perform snow measurement surveys at various snow courses in accordance with Exhibit A ("Scope of Work"). 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/PAYMENT PROCEDURE. Subject to the conditions of this section, CITY will pay CONTRACTOR as follows for performing the Scope of Work ("Compensation"): A total, lump sum payment not to exceed SIXTY THOUSAND DOLLARS ($60,0001 after the Scope of Work is completed to CITY's satisfaction in accordance with Exhibit A. CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an itemized invoice for the portions of the Scope of Work completed and that INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 1 of 10 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement_Sierra Snow Surveys_2019.Docx Updated -September 11, 2017 invoice is approved by CITY. The Compensation will be the total amount paid to CONTRACTOR for performing the Scope of Work and includes, but is not limited to, all out-of-pocket costs and taxes. CITY will pay no other compensation to CONTRACTOR. In no case will CITY compensate CONTRACTOR more than $40,000 for performing the Scope of Work. 3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall terminate on June 30, 2019. 4. TERMINATION. Either party may terminate this Agreement after giving the other party written notice, as provided herein, ten days before the termination is effective. 5. 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. 6. INDEPENDENT CONTRACTOR. This Agreement calls for CONTRACTOR's performance of the Scope of Work 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. 7. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 8. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 9. STARTING WORK. CONTRACTOR shall not begin work until authorized to do so in writing by CITY. No work will be authorized before the date first written above. 10. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to perform the Scope of Work. All key personnel shall be properly licensed and have the experience to perform the work called for under this INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 2 of 10 S:\WATER BOARD\2018 WATER B0ARD\11.14.18\3.1 Agreement -Sierra Snow Surveys_2019.Docx Updated - September 11, 2017 Agreement. CONTRACTOR shall provide background for each of the key personnel including, without limitation, resumes and work experience performing work similar to the Scope of Work. CITY reserves the right to approve key personnel. Once the key personnel are approved, CONTRACTOR shall not change such personnel without CITY's written approval. 11. 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 herein. 12. 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 and perform the Scope of Work. If CONTRACTOR is a corporation, at least one officer or key employee shall hold the required licenses or professional degrees. If CONTRACTOR is a partnership, at least one partner shall hold the required licensees or professional degrees. 13. STANDARD OF PERFORMANCE. The Scope of Work shall be performed in conformity with all legal requirements and industry standards observed by a specialist of CONTRACTOR's profession in California. 14. 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. 15. 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. INDEPENDENT CONTRACTOR'S AGREEMENT - Under $40,000 Page 3 of 10 S:\WATER BOARD\2018 WATER BOARD\11.14.18\3.1 Agreement_Sierro Snow Surveys-2019.Docx Updated - September 11, 2017 16. INSURANCE. 16.1 Types and Limits of Insurance. In addition to any other insurance or security required under this Agreement, CONTRACTOR must procure and maintain, for the duration of this Agreement, the types and limits of insurance below ("Basic Insurance Requirements''). 16.1.1 Automobile liability insurance, providing coverage for owned, non -owned, and hired autos 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 $1,000,000 per occurrence. 16.1.2 Commercial general liability insurance, unless otherwise approved by 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 $1,000,000 per occurrence. The policy must: 16.1.2.1 Provide contractual liability coverage for the terms of this Agreement; 16.1.2.2 Provide products and completed operations coverage; 16.1.2.3 Provide premises, operations, and mobile equipment coverage; and 16.1.2.4 Contain an additional insured endorsement in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.1.3 Workers' compensation insurance with limits of not less than $1,000,000 per occurrence. In accordance with the provisions of Labor Code Section 3700, every contractor will be required to secure the payment of compensation to his employees. Pursuant to Labor Code Section 1861, CONTRACTOR must submit to CITY the following certification before beginning any work on the Improvements: I am aware of the provisions of Section 3700 of the INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 4 of 10 S:\WATER BOARD\2018 WATER BOARD\11.14.18\3.1 Agreement -Sierra Snow Surveys-2019.Docx Updated - September 11, 2017 Labor Code which require every employer to be insured against liability for worker's compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. By executing this Agreement, CONTRACTOR is submitting the certification required above. The policy must contain a waiver of subrogation in favor of CITY and its mayor, council, officers, agents, employees, and designated volunteers. 16.2 General Provisions Applying to All Insurance Types. 16.2.1 All policies required of CONTRACTOR must be written on a first -dollar coverage basis, or contain a deductible provision. Subject to CITY's advance approval, CONTRACTOR may utilize a self-insured retention in any or all of the policies provided, but the policy or policies may not contain language, whether added by endorsement or contained in the policy conditions, that prohibits satisfaction of any self-insured provision 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. 16.2.2 All policies required of CONTRACTOR must be primary insurance as to CITY and its mayor, council, officers, agents, employees, or designated volunteers and any insurance or self-insurance maintained by CITY and its mayor, council, officers, agents, employees, and designated volunteers must be excess of CONTRACTOR's insurance and must not contribute with it. 16.2.3 The insurance required above, except for workers' compensation insurance, must 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 CITY in INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 5 of 10 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement -Sierra Snow Surveys_2019.Docx Updated -September 11, 2017 writing. 16.2.4 The insurance required in this section must be maintained until the Scope of Work is satisfactorily completed as evidenced by CITY's written acceptance. All policies must provide that there will be continuing liability thereon, notwithstanding any recovery on any policy. 16.2.5 Full compensation for all premiums which the CONTRACTOR is required to pay to satisfy the Basic Insurance Requirements shall be considered as included in the prices paid for the performance of the Scope of Work, and no additional allowance will be made therefor or for additional premiums which may be required by extensions of the policies of insurance. 16.2.6 It is further understood and agreed by CONTRACTOR that its liability to CITY will not in any way be limited to or affected by the amount of insurance obtained and carried by CONTRACTOR in connection with this Agreement. 16.2.7 Unless otherwise approved by CITY, if any part of the Scope of Work is subcontracted, the Basic Insurance Requirements must be provided by, or on behalf of, all subcontractors even if CITY has approved lesser insurance requirements for CONTRACTOR, and all subcontractors must agree in writing to be bound by the provisions of this section. 17. THIRD PARTY CLAIMS. In the case of public works contracts, CITY will timely notify CONTRACTOR of third party claims relating to this Agreement. CITY shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of notification. 18. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold harmless CITY and CITY's 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 or 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. INDEPENDENT CONTRACTOR'S AGREEMENT - Under $40,000 Page b of 10 S:\WATER BOARD\2018 WATER B0ARD\11.14.18\3.1 Agreement -Sierra Snow Surveys-2019.Docx Updated - September 11, 2017 19. 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. 20. 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 made available to CITY representatives upon request at any time during regular business hours. 21. BINDING EFFECT. The rights and obligations of this Agreement shall inure to the benefit of, and be binding upon, the parties to the Agreement and their heirs, administrators, executors, personal representatives, successors and assigns. 22. CORPORATE AUTHORITY. Each individual signing this Agreement on behalf of entities represents and warrants 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. 23. COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be considered as an original and be effective as such. 24. 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. 25. 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. INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 7 of 10 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement_Sierro Snow Surveys_2019.Docx Updated - September 11, 2017 26. 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. 27. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement and its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 28. INTERPRETATION. Whenever the context so requires, the masculine gender includes the feminine and neuter, and the singular number includes the plural. 29. 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 and signed by all the parties hereto. If any modification of this Agreement results in total Compensation which exceeds $40,000, the modification must be approved by the City Council. 30. NON-INTEREST. No CITY officer or employee shall hold any interest in this Agreement (California Government Code section 1090). 31. 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 RD. BAKERSFIELD, CA 93311 (661) 326-3715 CONTRACTOR: SIERRA HYDROGRAPHICS 42163 BALD MOUNTAIN RD. AUBERRY, CA 93602 (559) 855-4420 INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 8 of 10 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement_Sierra Snow Surveys_2019.Docx Updated -September 11, 2017 32. RESOURCE ALLOCATION. All CITY obligations under the terms of this Agreement are subject to the appropriation and allocation of resources by the City Council. 33. 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 CITY property. 34. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number 264601808 CONTRACTOR is a corporation? Yes X No (Please check one.) [Signatures on Following Page] INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 Page 9 of 10 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement_Sierro Snow Surveys_2019.Docx Updated - September 11, 2017 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the date first written above. ''CITY" CITY OF BAKERSFIELD KAREN GOH Mayor APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney RICHARD ICER Deputy 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 "CONTRACTOR" SIERRA SNOW SURVEYS Print Name: Title: INDEPENDENT CONTRACTOR'S AGREEMENT- Under $40,000 S:\WATER BOAR D\2018 WATER BOARD\11.14.18\3.1 Agreement -Sierra Snow Surveys_2019.Docx Updated - September 11, 2017 Page 10 of 10 EXHIBIT A Kern River Snow Surveys- East Side Updated 9/20/2018 Intent: It is the intent of Sierra Snow Surveys to provide the personnel and equipment (1) to perform snow surveys at the following Snow Courses: 1. Ramshaw Meadow- 259-RMM- 8,700'- Lat 36.352 Long -118.265 2. Little Whitney Meadow- 260- LWM- 8,500'- Lat 36.378 Long -118.347 3. Big Whitney Meadow- 257- BWH- 9,750'- Lat 36.440 Long -118.255 4. Tunnel Guard snow sensor- TUN- 8,900'- Lat 36.367 Long -118.288 5. Cottonwood Pass- 251- CWP- 11,050'- Lat 36.450 Long -118.217 6. Siberian Pass- 252- SIB- 10,900'- Lat 36.473 Long -118.267 7. Rock Creek- 256- RCR- 9,600'- Lat 36.497 Long -118.333 8. Guyot Flat- 254- GYF- 10,650'- Lat 36.523 Long -118.348 9. Crabtree Meadow- 253- CBT- 10,7000'- Lat 36.564 Long -118.348 10. Sandy Meadows- 275- SDM- 10,650'- Lat 36.572 Long -118.367 11. Bighorn Plateau- 250-BGH- 11,350'- Lat 36.615 Long -118.377 12. Tyndall Creek -255- TND- 10,650'- Lat 36.632 Long -118.392 13. Upper Tyndall snow sensor- UTY- 11,400'- Lat 36.650 Long -118.397 The courses will be performed during the California Department of Water Resources Snow Survey Window for monthly measurements. These measurements will commence with the Feb. 1 Snow Survey through the April 1 Snow Survey. Should a hydrologic event occur, conditional circumstances may require Snow Surveys from May 1 to July 1. Typically two snow surveyors would be required to perform the job duties. During certain hydrologic events, three surveyors would be required to perform the duties safely and efficiently. Attrition of personnel would require on the job training for new Snow Surveyors leading to three person teams. Based on the historical average, the courses take approximately twelve days to complete. This can vary due to hydrological circumstances and weather conditions. Month FEB. MAR APR MAY JUN JUL Type Scheduled Scheduled Scheduled Conditional Conditional Conditional Labor Days 24/36 24/36 24/36 24/36 24/36 24/36 Field Employees: At least one team member will have completed the course previously to insure continuity and experience during an active survey. Each employee will have taken both EXHIBIT A Avalanche and Wilderness First Aid training (or equivalent). Each employee will abide to all safety regulations and all policies. Sierra Snow Surveys Safety regulations and policies are attached at the end of this document. Each field surveyor will be responsible for their equipment and ensure it is in good working order. Each field surveyor will have gone over a pre- determine route and daily expectations. Weather, hydrologic conditions, avalanche conditions, route conditions, and physical conditions of each field employee will be discussed along with any other pertinent issues. The route and expectation will be relayed to the Safety Coordinator in written format along with conditions/pertinent issues noted prior. The Snow Surveyor will conduct the snow survey to the best that conditions allow. The Snow Surveyors will properly fill out the Snow Survey notes and double check the math. After the completion of the course, the data will be relayed to the Safety Coordinator via Satellite Phone/InReach Device. Employees will respect any policies deemed by the USFS/NPS while residing in their cabins. Safety Coordinator: The Safety Coordinator should familiar with typical circumstances of snow surveys and preferable has experienced the route. Safety Coordinator will be in the loop in relation to the route and expectation of the survey team. This will be in written format prior to departure. The Safety Coordinator will be available at all times via phone during field activities. Please review Safety regulations and policies for procedures. Backup Safety Coordinator will be Sierra Snow Survey Management. Sierra Snow Surveys: Sierra Snow Surveys will ensure employees will be covered by Workman's Compensation Insurance. Sierra Snow Surveys will provide a Satellite Phone/InReach Device, aux battery, and a camera to document survey anomalies or cabin damage. Cost: Cost was broken down into labor days with shared cost of the Safety Coordinator (Kings/Kern will report to the same Safety Coordinator on Call) built into the rate. What is also built into the rate is the Avalanche Training, Medical Examinations, administration, equipment provided by Sierra Snow Surveys and labor associated with the extracurricular activities. These extra cost would be spread from the Feb -April Snow Surveys as they are scheduled. Daily rates would fall for conditional months as the extra cost would already be funded by April. The cost is $490.00 per day per snow surveyor, a typically the Feb. -April Survey would cost $52,920.00 using three individuals (worst case scenario) on the field work and one Safety Coordinator. Monthly cost for the Feb. -April Survey would be $17,640 per month for three snow surveyors/one safety coordinator. If conditions exist to allow for two surveyors, monthly cost would be approximately $11,760.00. It is the intent of Sierra Snow Surveys to institute a training program as it is expected that several of the existing snow surveyors will retire soon. It is the desire of Sierra Snow Surveys to hire two new snow surveyors for the 2019 season. It is the intent to send a trainee with two seasoned surveyors on two of the scheduled snow EXHIBIT A surveys. These dollar values may alter due to unforeseen issues, such as storm impact or reroute due to avalanche hazards. Estimated maximum cost $52,920.00 for Feb. through April snow survey. Conditional May -Jul Snow Surveys as needed per Kern River interest will be an additional $394 per day per snow surveyor. Dependent on conditions, two to three snow surveyors made by deployed to conduct the snow survey. Cost can range from $9456.00 to $14,184. (1)- Snow Survey tubes and associated equipment is provided by CA DWR.