HomeMy WebLinkAbout02/15/23 WATER BOARD SPECIAL MTG0
BAKERSFIELD
THE SOUND OF `5*" 6e*
WATER BOARD
Bob Smith, Chair
Bruce Freeman
Andrae Gonzalez
CITY OF BAKERSFIELD
WATER BOARD
SPECIAL MEETING
Wednesday, February 15, 2023 - 10:00 a.m.
Water Resources Building Conference Room
1000 Buena Vista Road, Bakersfield, CA 93311
AGENDA
1. CALL TO ORDER
2. ROLL CALL
3. PUBLIC STATEMENTS
A. Agenda Item Public Statements
B. Non -Agenda Item Public Statements
4. MINUTES
A. Approval of the Minutes of the Regular Meeting of September 14, 2022
- For Board Review and Action
5. KERN RIVER LEVEE DISTRICT
6. REPORTS
A. Update on Water Usage in the City's Domestic water Service Area - For
Board Information
B. Kern River & Isabella Operations Report- For Board Information
7. HEARINGS
Water Board Agenda
February 15, 2023
8. NEW BUSINESS
A. Agreement with AECOM for $288,350.00 to develop and provide a Water
Master Plan.
- Staff recommends approval
Proposed 2023 Water Board Meeting Calendar
- Staff recommends approval
WATER BOARD STATEMENTS
10. CLOSED SESSION
11. CLOSED SESSION ACTION
12. ADJOURNMENT
POSTED: February 10 2023
BAKERSFIED
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 15, 2023 AGENDA SECTION: Minutes
ITEM: 4. A.
TO:
FROM:
Bob Smith, Chairman
Bruce Freeman, Member
Androe Gonzales, Member
APPROVED
Daniel Maldonado, Asst. Water Resources Director DEPARTMENT HEAD T%loAt
DATE: February 10, 2023
SUBJECT: Approval of the Minutes of the Regular Water Board Meeting of September 14, 2022.
Staff recommends approval of the Minutes of the Regular Water Board Meeting of
September 14, 2022.
BACKGROUND:
u
BAKERSFIE�"`'LD
THE SOUND OF Sdrte(l1lnay rbc.
MINUTES OF THE REGULAR
MEETING OF THE
WATER BOARD - CITY OF BAKERSFIELD
Wednesday, September 14, 2022 - 10:00 a.m.
Water Resources Conference Room
1000 Buena Vista Rd., Bakersfield, CA 93311
I. CALL TO ORDER
Chairman Smith called the meeting to order at 10:00 a.m.
2. ROLL CALL
Present: Chairman Smith, Member Freeman, Member Parlier
Absent: None
3. PUBLIC STATEMENTS
David Beard, Improvement District No. 4 Manager at the Kern County Water Agency, spoke
thanking Art Chianello, Water Resources Manager and City staff for their assistance cleaning
out aquatic weeds from their pond.
Dennis Fox spoke regarding legal actions in Sacramento beginning regarding the Delta and
Sacramento River.
4. MINUTES
A. Approval of the Minutes of the Regular Meeting of March 9, 2022.
Motion by Member Freeman to approve the Minutes of March 9, 2022.
UNAN/MOUSLYAPPROVED
5. KERN RIVER LEVEE DISTRICT - None
Bakersfield, California, September 14, 2022— Page 2
6. REPORTS
A. Update on Water Usage in the City's Domestic Water Service Area
Tylor Hester, Domestic Supervisor, presented an update regarding the
City's Domestic Water Service Area. California is experiencing its worst
drought since the 1800's. In June 2020 the Governor of California called on
residents to reduce water usage based on the quantities used in 2020. Mr.
Hester referred to graphs showing water usage in 2022 compared to 2020.
Cumulative the City's Domestic Water Service Area saved over 1000 acre-
feet compared to 2020 which is 4% reduction from the 2020 baseline. The
City of Bakersfield Domestic Water Service area has grown; in 2022 we
have 6,000 more residents compared to 2020. Accounting for growth factor
the average reduction is 9% compared to 2020. Board information only, no
action taken.
B. Kern River & Isabella Reservoir Operations Report, Update on Isabella
Lake Dam Safety Modification Project, Annual Hydrographic Report
Daniel Maldonado, Water Resources Planner, gave an overview of the
current Kern River and Isabella Operations, update on Isabella Lake Dam
Safety Modification Project and Annual Hydrographic Report. Mr.
Maldonado referred to several graphs which showed regulated outflow,
natural inflow, and Isabella storage and reported the current the inflow to
Isabella Lake is 159 cfs, outflow from Isabella Lake is 150 cfs, and storage
is at 40,806 acre-feet. In August we saw some monsoonal activity which
peaked the inflow at Kernville to 728 cfs. Current inflow levels are a result
of that monsoonal activity. Current storage levels are at 11% of the
restricted pool capacity, and 7% of the full capacity. The City's storage is at
approximately 4,750 acre-feet. Mr. Maldonado provided a three-month
outlook with no major changes in operations and Kern Delta Water District
will restart their exchange program with Improvement District #4 to deliver
Kern Riverwaterto Henry C Garnett Treatment Plant in October -November.
The forecast predicts 91 % chance of La Nina conditions through the winter.
Referring to the Average April -July Runoff chart, Mr. Maldonado pointed out
2022 is the 7h driest year on record, 2021 is the 2nd driest year on record,
and 2020 the 24d driest year on record with our Average Runoff dropping.
Truxtun Lakes operations in 2015 diverted 283 ac -ft and the lakes did not
go dry, in 2021 diverted 333 ac -ft and the lake did not go dry, in 2022
diverted 431 ac -ft and the lakes went dry. The City made efforts to maintain
water levels and the lakes still went dry.
The Isabella Dam Safety Modification Project is nearing completion. The
Labyrinth Weir is expected to be completed in November 2022 with the
Main Dam expected completion in September 2022. The Permanent
Operation Facilities are to be completed in 2023. The Army Corp is seeking
for a controlled fill of the Lake up to the gross storage capacity of 568,075
acre-feet. The flood conservation pool's offseason capacity will remain at
Bakersfield, California, March 9, 2022 — Page 3
170,000 acre-feet from November to January. Conversations between the
Kern River Watermaster and Kern River interest with the Army Corp on
REPORTS (continued)
the potential to increase the carryover capacity following a wet year have
been positive and will be reviewed on a year-to-year basis. The completed
project will allow for increased operational efficiency with higher storage
capacity during the irrigation. season. The Project is a positive because the
City will be able to control their water supply on wet years to manage their
operations so the water supply can be beneficially used within the City of
Bakersfield at its various recharge facilities including in the Kern River.
Annual Hydrographic report was completed and distributed the first week of
September 2022. Board information only, no action taken.
HEARINGS - None
8. NEW BUSINESS
A. Weather Modification Precipitation and Reimbursement Agreement with
North Kern for participation in Weather Modification Program
Art Chianello, Water Resources Manager, explained this is a three-year
Reimbursement Agreement between City of Bakersfield and North Kern
Water Storage District for Weather Modification Program. RHS Consulting
is the company that North Kern contracts with for the cloud seeding
program. The cost of the program is split 4 ways between the City and
three other Kern River interests. On October 23, 2019, the City Council
approved a reimbursement agreement with North Kern Water Storage
District to enable the City to pay its 25 percent contribution to the program.
The current reimbursement agreement will expire on October 23, 2022.
This agreement is to pay our 25 percent portion not to exceed $268,384.50
for 2022 through 2025. City staff recommends the Water Board refer the
Reimbursement Agreement with North Kern Water Storage District to City
Council for approval at the October 19, 2022 meeting.
Motion by Member Freeman to refer agreement to City Council for
approval.
UNANIMOUSLY APPROVED
B. Agreement with Sierra Hydrographics to conduct gauge operation,
maintenance, and verification (Kern River SCADA) for a 5 -year term.
Daniel Maldonado, Water Resources Planner, explained this agreement is
for the operation, maintenance, and verification of the newly implemented
Kern River SCADA system. SCADA system was recently completed by
W.M. Lyles who worked with Sierra Hydrographics to install the telemetry
and other equipment at 15 locations along the Kern River. SCADA provides
real time surface water, meteorological, and remote camera monitoring.
Data is uploaded to an online portal every 15 minutes for field staff and
office staff to monitor and ensure our deliveries are accurate. City staff
Bakersfield, California, September 14, 2022 — Page 2
recommends the Water Board refer the Agreement with Sierra
Hyrographics to City Council for approval.
Motion by Member Freeman to refer agreement to City Council for
approval.
UNAN/MOUSLYAPPROVED
9. WATER BOARD STATEMENTS - None
10. CLOSED SESSION
A. Conference with Legal Counsel — Potential Litigation
Closed Session pursuant to Government Code section 54956.9(d)(2),(e)(3)
(One matter)
1. Water Audit California letter dated July 27, 2022
Chairman Smith recessed the regular meeting to Closed Session at 10:48 a.m.
Chairman Smith adjourned Closed Session and reconvened to the regular
meeting at 11:23 a.m.
11. CLOSED SESSION ACTION
City Attorney Gennaro stated there is no reportable action regarding Closed
Session on Item A.
12. ADJOURNMENT
Chairman Smith adjourned the meeting at 11:24 a.m.
Bob Smith, Chairman
City of Bakersfield Water Board
Kimberly Aleman, Secretary
City of Bakersfield Water
Board
0
BAKERSFIELD
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 15, 2023 AGENDA SECTION: Reports
ITEM: 6. A.
TO: Bob Smith, Chairman
Bruce Freeman, Member
Andrae Gonzales, Member APPROVED
FROM: Daniel Maldonado, Asst. Water Resources Director DEPARTMENT HEAD x16N
DATE: February 10, 2023
SUBJECT: Update on Water Usage in the City's Domestic Water Service Area
RECOMMENDATION: For Board Information
BACKGROUND: Even with the recent significant rainfall and snowpack, California is experiencing
its worst recorded drought since the late 1800s. Because of this, in July of 2021, Governor Newsom
called on Californians to reduce water usage, utilizing 2020 as a baseline.
The graphs on the following page show the wafer usage and the monthly percentage reduction
for the City's Domestic Water Service Area, by gallons per capita, for 2022, as compared to the
same period in 2020.
In 2022, the City's Domestic Water Service Area has cumulatively saved 1,978 acre-feet
compared to 2020 quantities, which equates to a savings of 4.65% for the year. These water
savings amounts are for the total water deliveries within the system.
If should be noted that the City's Domestic Water System has grown over the past two years. In
2020, the population served by the City's domestic water system in August was approximately
156,226 residents and at the end of 2022, the population served was about 162,217 residents, an
increase of nearly 6000 residents. Therefore, considering the population growth in the City's
system and the reduced amount of wafer used so for this year, the average water use reduction
equates to approximately 9.01% per person per day.
0 ADMINISTRATIVE REPORT
BAKERSFIELD WATER BOARD
300.00 Domestic Water Use Comparison Per Capita
X2020 R-GPCD
X2022-2023 R-GPCD
x)5.00
268.30
J119.23
24
250.00\21,
223.89
G 225.00
0
75
200.001)5.00150.00 1x5.00105.
98.58
100.0098J2 105.57
91.38
]5.00
Feb Mar Apr May June July Aug Sept OR Nov Dec Ian
Metered Percent Savings by Month Per Capita
20% 18%
IT%
15% 11% 14% 13%
10% 9%
7%
6% 7%
0% 0%
W Feb'22 Mar'22 A May'22 June'22 July'22 Aug'22 Sept'22 Oct'22 Nm'22 Dec'22 Jan *23
u
6
-5%
-10%
-IS%
-14%
-20%
BAKERSFIELLD
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 15, 2023 AGENDA SECTION: Minutes
ITEM: 6. B.
TO: Bob Smith, Chairman
Bruce Freeman, Member
Andrae Gonzales, Member
APPROVED
FROM: Daniel Maldonado, Asst. Water Resources Director DEPARTMENT HEAD Dloe
DATE: February 10, 2023
SUBJECT: Kern River & Isabella Reservoir Operations Report
RECOMMENDATION: For Board Information
BACKGROUND: Report on current Kern River flow and Isabella storage conditions.
S!If
pfjfgt
F(y)
i
W
N
.Q
OQYQYQV...
N
NN
Q
Z
Q
LU
4
J
\
�
C W
O
W
d
NU
C
Q X
Yo
.26
AW
U Z
s
K
��
ow
o
�¢
0
a3
w
2=
n�
aw
�w
t0
co
o
>_
a
a�
U
Y
N N�
N E n
o -
n
"' H
8
w
o
NQ
� o
r [�
O e-
N
O
Z
O
N e
M
vi O
(satpul) lualuo:) lalem
0
AU -MW NI NOUVA313
eW
BAKERSFIELLD
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 15, 2023 AGENDA SECTION: New Business
ITEM: 8. A.
TO: Bob Smith, Chairman
Bruce Freeman, Member
Andrae Gonzales, Member
APPROVED
FROM: Daniel Maldonado, Asst. Water Resources Director DEPARTMENT HEAD D1670W
DATE: February 10, 2023
SUBJECT: Agreement with AECOM for $288,350.00 to develop and provide a Water Master Plan
RECOMMENDATION: Staff recommends approval.
BACKGROUND: During the March 9r", 2022, Water Board meeting, Councilmember Parlier gave
direction to staff to conduct a Water Master Plan for the City of Bakersfield's water rights and
demands.
The objective of the Water Master Plan is to clearly define the City's current and future water
supplies and demands while developing sustainable management priorities, goals, and projects
as a municipality. In addition, the City of Bakersfietd holds pre-existing obligations and contracts
inherited through the purchase of the water rights and assets in 1976 from Tenneco West
Incorporated. The Wafer Master Plan study will develop management priorities to ensure
municipality demands are met now and into the future while factoring in those pre-existing
obligations.
On December 12, 2022, Water Resources Department requested proposals from several
consultants to develop the Water Master Plan for the City of Bakersfield. AECOM was the only
consultant to respond with a proposal; AECOM is an approved consultant as defined by the City
Public Works Department's Library of consultants.
AECOM will conduct preliminary research, including the development of technical
memorandums, that summarize the City's water supplies, municipal demands, and other pre-
existing obligations. Community outreach will then occurwith AECOM, in coordination with Water
Resources, where a public meeting will occur for public comment and input in the development
of the scope of the Master Plan. The Water Master Plan will then be prepared and finalized with
target completion in earlier 2024.
Wafer Resources Department is proposing to enter into a new agreement for the Water Master
Plan with AECOM. The cost for the water master plan is not a budgeted line item and would need
appropriation of funds of an amount not to exceed $288,350.00.
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 (referred to herein as "CITY"), and AECOM
TECHINCAL SERVICES, INC a Corporation authorized to do business in California
(referred to herein as "CONTRACTOR").
RECITALS
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well
qualified and a specialist in the field of civil engineering.
WHEREAS, CONTRACTOR also represents that it has an adequate number
of properly licensed and experienced employees on its staff to accomplish the
Scope of Work, as defined below, and that it is competent to undertake the
Scope of Work; and
WHEREAS, CITY desires to employ CONTRACTOR for the purposes of
developing and providing a Water Master Plan to CITY's Water Resources
Department.
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: competently and thoroughly
execute the work described in Exhibit A attached hereto. ("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"): On a monthly basis for Time and Materials per
percentage of task in accordance with the Compensation rates as shown
on Exhibit A.
INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40,000 Page I of 10
RV9- WATER B04ROAE023 WATER BOARDA21513V4ECOM. woIe P10 Ag-1aRAFTD u
Updated-Aagust 15, 2022
CITY will pay CONTRACTOR within 30 days after CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
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 $288,350.00 for performing the Scope of Work.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall
terminate on February 29, 2024.
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.
INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40.000 Page 2 of 10
5'.A9- WATER BOARDAMM WATER B0ARDA215.MVAEC3M Water Mmte, Plan Agmemenl DRAFTDou
Updated -August 15, 2022
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
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
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 3 of 10
S V9 - WATER 30ARDA2129 WATER 9aARD\2. 15.23TAECOM Waler Maher Plan FBl DRAFT P—
Uptlatetl-Au8m115, 2022
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.
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 aeneral liability Insuranceunless 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' comoensafion 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
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 4 of 10
UpdWATER August 15, WATER 9pPR0A21SYJAAECOM Waler Mall e, Plan P9�eemenl DRPFl,Oocx
Uptlaletl-August I5, 2022
Improvements:
I am aware of the provisions of Section 3700 of the
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 Aoolvina 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 orwhich 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
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40.000 Page 5 of 10
SV9 - WATER BOARpA21123 WATER BOARDA215 23\AKOM Wale, Master Plan Ag,cemanl DRAFTDorj
Updated - Augast 15.2022
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
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
INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40.000 Page 6 of 10
S\9 WATER 50ME\2rTW WATER B0ARD\2.A.P3\APl WaterMasterPlanAgreementORAFTP—
Updated- August 15 2022
party indemnified hereunder, except for CITY's sole active negligence or
willful misconduct.
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
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 7 of 10
sn9-WATER BOAA0EROR9wA7Ea BOARD\21 SR3\AEC0Mwa1e,mane, Ron Agwre tDRAR.Ray.
UPdated- August 15 2022
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.
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 by the City Council and signed by all the parties.
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 Road
Bakersfield, California 93311
P:(661) 326-3715
CONTRACTOR: AECOM TECHNICAL SERVICES, INC
5001 E Commercenter Drive, Suite 100
Bakersfield, CA 93309
P: (661) 283.2323
INDEPENDENT CONTRACTOR'S AGREEMENT - Over $40,000 Page 8 of 10
S'.A4-WATER eonRDAMM wareR FOAROT21523VAECOM W tiler Mmie, Pion ng—mem DRAFT oc
Updoted- August 15, 2022
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 952661922
CONTRACTOR is a corporation? Yes X No
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
"CITY" "CONTRACTOR"
CITY OF BAKERSFIELD AECOM
By:
KAREN GOH
Mayor Print Name: BEN HORN
Title: Area Managing Engineer
[Signatures on Following Page]
INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40,D00
R\0. WATER BOARD\4023 WATER BOARD\2 15 23\AErF0,r Water Master Flan Agreement DRAFT Dvas
Updated -August 15, 2022
Page 9 of 10
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
VIRIDIANA GALLARDO-KING
Deputy City Attorney II
Insurance:
APPROVED AS TO CONTENT:
WATER RESOURCES DEPARTMENT
GARY HALLEN
Assistant City Manager
COUNTERSIGNED:
RANDY MCKEEGAN
Finance Director
Attachment: Exhibit A
INDEPENDENT CONTRACTOR'S AGREEMENT -Over $40,000 Page 10 of 10
S'.A9- WATER BOARDA2EM WATER BOAROA215.9AA W OM Aoter Mosler Pion Ageemenl DRAFT TO-
UpCateC-Aagost 15,2023
AECOMrAECOM tel 881.283.2323
�,v 5001 E. Commercenter Do Suite 100
Bakersfield. CA 93309
January 20, 2023
Daniel Maldonado, Water Resources Planner
City of Bakersfield, Water Resources Department
1000 Buena Vista Road
Bakersfield, CA 93311
Subject: Proposal for Water Master Plan
Dear Daniel,
AECOM Technical Services, Inc. (AECOM) is pleased to submit this proposal for engineering services
to the City of Bakersfield (City). This proposal is based on our understanding of the requirements
listed in the request for proposal dated December 12, 2022, for the subject project.
This cost proposal is created using the billing rates and titles defined by the City Public Works
Department in 2022 as part of the Library of Consultants.
PROJECT UNDERSTANDING
We understand that the objective of this project is to develop a Water Master Plan that includes the
following subjects:
1. Narrative introduction to the Kern River
2. Defines City's current water supplies and projected future supply, including a summary of
contractual obligations
3. Defines City's current and projected future water demands, including a summary of
contractual obligations
4. Develops sustainable water management priorities
5. Develops capital improvement projects
6. Summary of Kern River GSA, GSP, and introduction to SGMA requirements
These subjects and recommendations are to be compiled into a single master plan document. We
understand the master plan will be used for the following purposes:
1. Defining City goals and priorities for sustainable water management
2. Provide knowledge transfer for City staff
3. Capital improvement budget funding and phasing
AECOM
SCOPE OF WORK
Task 1 — Preliminary Research
Kickoff Meeting. AECOM will lead one project kickoff meeting that will be held at the City's office.
AECOM will prepare an agenda and minutes for the meeting.
Prepare Data Request. AECOM will prepare a list of reports, data, and information we believe are
necessary to prepare the master plan. City staff can augment that list with additional resources
based on their experience. AECOM will also review documents in our archives to locate any
resources that may be pertinent.
Review City Provided Documents. AECOM will review the documents provided by the City
particularly in regard to City water supplies, water rights, and contractual obligations.
Interview City Staff. AECOM will interview staff selected by the City who have experience with the
City's facilities and operations. These interviews will supplement the written data provided by the
City.
Site Visit to City Water Facilities. AECOM will accompany City staff on a tour of water
infrastructure where future capital projects could be required. These facilities could include Kern
River weirs, canal headworks, and recharge facilities as selected by the City.
Prepare Technical Memorandum. Atechnical memorandum will be prepared that summarizes the
data gathered, documents reviewed, staff interviews, and site visit. Comments received on the
technical memorandum will be implemented in the master plan chapters.
Deliverables:
• Data Request (MS Excel Spreadsheet)
• Data Gathering Technical Memorandum(PDF)
Assumptions:
Site visit is assumed for a duration of 4 hours.
• Staff interviews are assumed for a duration of 4 hours.
• Structural inspections or condition assessments of existing infrastructure is not included.
Task 2 — Community Outreach
Community Outreach. AECOM will prepare letters that describe the master plan scope of work,
identify the public meeting, and solicit written input. The City will provide a list of agencies where
the letter is to be sent.
Public Meeting. AECOM will assist the City in holding a public meeting at the City's office. AECOM
will prepare and give a short presentation on the master plan scope of work.
AECOM
Summary of Public Comments. AECOM will prepare a comment matrix for written public
comments received. The City's project manager will direct AECOM which comments are to be
incorporated into the Master Plan.
Deliverables:
• Public Outreach Letter (M5 Word file)
• Presentation slides
• Comment Matrix `MS Excel spreadsheet)
Assumptions:
• Not more than one (1) public meeting is held.
• Letters will be printed and mailed by City staff. Cost of postage is not included.
• Not more than fifty (50) public comments ore received.
Task 3 — Final Development
Summarize Existing Supply and Calculate Future Demand. AECOM will summarize existing supply
and demand data in a MS Excel spreadsheet. Future demand will be estimated based on the City's
adopted Urban Water Management Plan (UWMP). UWMPs prepared by other agencies selected
by the City will also be reviewed. An estimate of maximum sustainable demand based on
projected supply (e.g. number of residences) will be made.
Develop Capital Projects. A list of potential capital projects will be developed based on the
information obtained in Task 1. A conceptual construction cost estimate will be prepared for each
project. Projects will be ranked based on priority and a conceptual phasing approach will be
prepared. This information will be presented in a technical memorandum and comments received
will be implemented in the master plan chapters.
Workshop for City Staff. AECOM will lead one workshop for City staff to discuss demand
calculations, capital projects, master plan content, and master plan organizational structure. It is
assumed that this meeting will be held at AECOM's office.
Prepare Individual Draft Chapters. AECOM will prepare draft chapters for the master plan. Each
chapter will be submitted to the City as they are prepared, which is the same process used for the
Urban Water Management Plan. Comments received on each chapter will be implemented in the
draft master plan. The chapters are assumed to consist of:
1) Introduction to Kern River
2) City of Bakersfield Supplies, Including Kern River Water Rights
3) Municipality Demands
4) Contractual Obligations
5) Conjunctive Use and Related Management Options, Projects and Priorities
6) SGMA
AEOOM
7) Recommendations
Prepare Draft Master Plan. AECOM will prepare a single document with all the chapters and
appendices for review by City staff. Comments received will be implemented as part of the revised
draft master plan.
Prepare Revised Draft Master Plan. AECOM will address City comments from the draft master
plan. Comments received will be implemented as part of the final master plan. It is assumed that
the revised draft master plan will be the version issued or discussed for public comment.
Prepare Final Master Plan. AECOM will address City and public comments from the revised draft
master plan and prepare a final document.
Presentation to City Staff. AECOM will prepare and give one detailed presentation on the Final
Master Plan to City staff. It is assumed this meeting will be held at the City offices.
Presentation to City Council. AECOM will prepare and give one short presentation on the Final
Master Plan to the City Council.
Deliverables:
• Supply and Demand Calculations (MS Excel spreadsheet)
• Capital Projects Technical Memorandum (PDF)
• Individual Draft Chapters (MS Word)
• Draft Master Plan (PDF)
• Revised Draft Master Plan (PDF)
• Final Master Plan (PDF& 6 hardcopies)
Assumptions
• This work does not include land surveying or geotechnical services.
• Engineering design of proposed facilities is not included.
• Hydraulic and hydrologic modeling is not included.
Task 4— Project Management and Quality Control
Project Management. AECOM's project manager will manage the project.
Biweekly Meetings. AECOM will lead status meetings with the City's project manager via
conference call. AECOM will prepare agendas and minutes for each meeting. Frequency of
meetings is assumed to be biweekly, but can be scheduled on an as -needed basis based on
direction from the City's project manager.
Quality Control. AECOM will implement our Quality Management System that includes an internal
review for all deliverables.
f
A coo 5
Assumptions:
• Not more than twenty (20) biweekly meetings are held.
Schedule:
Data Request
10 working days from NTP
Data Gathering Technical Memorandum
30 working days from receipt of documents
Public Outreach Letter
15 working days prior to public meeting
Presentation slides
10 working days prior to public meeting
Comment Matrix
10 working days after public meeting
Supply and Demand Calculations
30 working days after Data Gathering Tech Memo
Capital Projects Technical Memorandum
30 working days after Data Gathering Tech Memo
Individual Draft Chapters
40 working days after Workshop for City Staff
Draft Master Plan
40 working days after receipt of City comments
Revised Draft Master Plan
30 working days after receipt of City comments
Final Master Plan
15 working days after receipt of City comments
Assuming a 2 week review cycle by City staff, we project that work can be completed by mid-December
2023.
Compensation:
Task 1— Preliminary Research
$32,300 Time and Materials
Task 2— Community Outreach
$11,840 Time and Materials
Task 3— Final Development
$216,170 Time and Materials
Task 4— Project Management and Quality Control
$28,040 Time and Materials
Total:
$288,350
Thank you for the opportunity. Please contact either of us if you have any questions or concerns about
our proposed scope or fee. We look forward to working with you and your staff on this project.
Yours sincerely,
Daniel Cron 1, PE en Horn, PE
Project Manager Managing Engineer
" e
Project Budget
Water Master Plan
City of Bakersfield
Task Description
i
Personnel Hours
'® a
® 3
8
Butl ct
8
3
Teak t - Pmllminary Research
KickoRMatin
3
2
2
10 5
3110 S
9$
658
JJB9
P eI u
2
3
0 4
1920 5
$
Reuiev Cil P�anJeJOrcumene
UlmP
I4
20
90
JO 4
I2)N S
l77 S
".
Imerviex Ci 6Y11'
25W 3
J $
2699
si¢VinmCi Wew4aail'nies
9
<
6
1Es
111
2SW S
JJ $
2637
am TaM1ninl MemonnJum
10
EO
8
$
'1890 S
320 1
7560
SUMk 2I
3
E6
R
iB
B
s
6 3
E918M 3
EAJO
)ZjPo
Te kf-C and OutreacM1
C6mmuni OuwcM1
S
10
20 $
9080 S
IEB 1
4208
Werc M¢I;n
9
19 s
0 $
Its s
9.211
summ 'KVubllcCmmmly
a
29 1
).290 1
91 1
3,337
SUMOW
i
16
B
9B
71 1
IIA90 s
]SO
M.
Summenze Eiitin Su 1 and Calculen PUWtt OemanE
10
30
90
$
0 $
902 S
V J@
n<relo Ce ilal Raem
20
90
60
20
20 $
193
W
171.
202 s
371.
WmkvM1 fw C1 suR
S
S
$
0 $
Pm nye lntliviEUJ Dn0. CF to
69
IIE
310
28
19
6e S
W960 4
Eo89 1
10390
Prc art Plan
20
BO
16
90
96 3
0 4
1 W6 1
19136
s-'.n.e
Pre are 0.eviyM Onll Mavlm Plan
10
11
20
IOE S
I7E90 1
517 $
19)73
P vreiinal Maeler Plan
5
10
20
10
10
53 S
V. S
2D 1
Pluenlelioom C; SUR Avw¢I
3
0
B
19}
0 }
125 S
9295
Pevemvionb Cil Cwocil Anumel
B
14 3
1@0 1
S
$uM6W
1
01
M.
O
Is9 -
1.191 3
104870 S
6}W
316J1n
T kd-P men II c I
tuY Mene emew
11 92 $
JJ90 $
221 S
2667
Biwee4l M y gywmv20
20
60 1
10600s
B 4
IORIS
Ji Convdn
12
]6 $
1,180 1
115 1
9915
auMoltl
ss
[0
90
-
16 Vr 3
E1.ESo 5
BID
360.
Tdal
38
161
MB
61
1
16 1.161 S
PBAIo 5
4990 1
ZBq]W
, - .
Ioft
•
BAKERSFIELLD
ADMINISTRATIVE REPORT
WATER BOARD
MEETING DATE: February 15, 2023 AGENDA SECTION: New Business
ITEM: 8. B.
TO: Bob Smith, Chairman
Bruce Freeman, Member
Andrae Gonzales, Member APPROVED
FROM: Daniel Maldonado, Asst. Wafer Resources Director DEPARTMENT HEAD D10n
DATE: February 10, 2023
SUBJECT: Proposed 2023 Water Board Meeting Calendar
RECOMMENDATION: Staff recommends approval
BACKGROUND:
The following are proposed dates for 2023 Water Board meetings:
February 15
March 7
March 15
April 19
May 17
June 21
July 19
August 16
October 18
November 15
4
SCHEDULED MEETINGS
WATER BOARD
CITY OF BAKERSFIELD
JANUARY 2023 THROUGH DECEMBER 2023
APPROVED ON
Water Board Meetings r7 City Council Meetings
Begin @ 10:00 a.m. Begin @ 5:15 p.m.
- Holidays -City Offices Closed Special Water Board Meeting
Begin @10:00 a.m.
S
M
JANUARY
T W
I
S
M
FEBRUARY
T W TH
F
S
S
M
MARCH
T W TH F
S
1
8
9
3
10
4
11
1
2
3
4
1
2
3
4
5 6 7 8 9 10 11
6 6 8 9 10
11
16
22
23
17
24
18
25
A27
12
19
13
27
1
21
28
22
16
23
17
24
18
25
12
13
16
17
18
19 20 21 22 23 24
2529
30 3126
26 27 28 29 30 31
APRIL
MAY
JUNE
S
M
T
W
TH
F
S
L4P
S
S
M
T
W
TH
F
S
1
5d27
1
2
3
2
3
4A26
6
7
8
8
9
it
12
4
5
6
7
8
9
10
9
10
1113
14
15
14
15
16
18
19
11
12
13
14
15
16
17
16
17
1820
21
22
21
22
23
25
26
18
19
20
22
23
24
23
30
24
2527
28
29
28
30
31
25
26
27
28
29
30
JULY
AUOU
T
SEPTEMBER
S
M
T
W
S
S
M
T
W
TH
F.
F
S
S
M
T
W
TH
F
S
1
1
2
3
5
1
2
2
9
3
10
11
57
124
8
15
6
13
7
14
6
15
9
16
10
17
11
18
12
19
3
10
11
5
12
6
13
7
14
8
15
9
16
16
17
18
20121
22
20
21
22
24
25
26
17
18
19
20
21
22
23
23
24
25
268
29
27
26
29
30
31
24
25
26
27
28
29
30
30
31
OCTOBER
I
NOVEMBER
DECEMBER
S
M
T
W
TH
F
S
S
M
T
W
TH
F
S
S
M
T
W
TH
F
S
1
2
3
4
5
B
7
1
2
3
4
1
2
8
15
9
16
10
17
11
12
19
13
20
14
21
5
12
6
13
7
1
8
9
16
17
11
18
3
10
4
11
5
12
6
13
7
14
8
15
9
i6
22
23
24
25
26
27
28
19
26
20
27
21
28
22
29
30
25
17
18
19
20
21
22
23
29 30 31
24
31
26
27
28
29
30