HomeMy WebLinkAboutAGRMT NO KRGSA 20-002AGREEMENT NO. KRGSA 20-002
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AGREEMENT is made and entered into on .IAN 0 9 2010 , by
and between the KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY, ("KRGSA"
herein) and DAVID KEITH TODD, CONSULTING ENGINEERS, INC., a California
corporation, doing business as TODD GROUNDWATER, a small business enterprise,
("CONTRACTOR" herein).
RECITALS
WHEREAS, on December 5, 2019, the KRGSA held a public hearing and
adopted the Groundwater Sustainability Plan ("GSP") as required by the
Sustainable Groundwater Management Act of 2014 ("SGMA"); and
WHEREAS, now that the GSP is adopted, KRGSA has to begin implementing
the GSP, and SGMA requires an Annual Report to be filed with the Department of
Water Resources ("DWR") on April 1, 2020; and
WHEREAS, CONTRACTOR will assist with implementation of the GSP and
reporting to DWR as outlined in the Memorandum attached hereto as Exhibit "A"
and prepare a brief technical summary of the review.
NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and
CONTRACTOR mutually agree as follows:
1. SCOPE OF WORK. The scope of work is assist with implementing and
reporting for KRGSA's GSP as further described in Exhibit A attached hereto and
incorporated herein. 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 is set forth in Exhibit A and shall consist of a total
payment not to exceed Forty Thousand Dollars ($40,000.00). 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. KRGSA shall pay
only the compensation listed unless otherwise agreed to in writing by the parties.
3. PAYMENT PROCEDURE. CONTRACTOR shall submit invoices to KRGSA
for work completed and KRGSA shall make payment to CONTRACTOR within 60
days after receipt and approval of said itemized invoice by KRGSA Board.
INDEPENDENT CONTRACTOR'S AGREEMENT
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[AGENCY
C7HIGINAL
4. STARTING WORK. CONTRACTOR shall not begin work until authorized
to do so in writing by KRGSA. No work will be authorized until the contract has
been fully executed by CONTRACTOR and KRGSA.
S. 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.
6. 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.
7. 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.
8. 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
KRGSA Board and signed by all the parties.
9. - 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.
10. TERM. Unless terminated sooner, as set forth herein, this Agreement
shall terminate on December 31, 2020.
11. 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.
12. 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
INDEPENDENT CONTRACTOR's AGREEMENT
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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.
13. 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.
14. INDEPENDENT CONTRACTOR. This Agreement calls for the
performance of the services of CONTRACTOR as an independent contractor.
CONTRACTOR is not an agent or employee of the KRGSA for any purpose and is
not entitled to any of the benefits provided by KRGSA to its employees. This
Agreement shall not be construed as forming a partnership or any other
association with CONTRACTOR other than that of an independent contractor.
15. DIRECTION. CONTRACTOR retains the right to control or direct the
manner in which the services described herein are performed.
16. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials
and supplies necessary to perform the services under this Agreement.
17. INSURANCE. In addition to any other insurance or bond required
under this Agreement, the CONTRACTOR shall procure and maintain for the
duration of this Agreement the following types and limits of insurance ("basic
insurance requirements") herein:
17.1 Automobile liability insurance, providing coverage on an
occurrence basis for bodily injury, including death, of one or more persons,
property damage and personal injury, with limits of not less than One Million
Dollars ($1,000,000) per occurrence; and the policy shall:
17.1.1 Provide coverage for owned, non -owned and hired
INDEPENDENT CONTRACTOR's AGREEMENT
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autos.
17.2 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:
17.2.1 Provide contractual liability coverage for the terms of
this Agreement.
17.2.2 Provide unlimited products and completed
operations coverage.
17.2.3 Contain an additional insured endorsement in favor
of KDWD, ID4, City, its mayor, council, officers, agents,
employees and volunteers.
17.2.4 All policies shall be written on a first -dollar coverage
basis, or contain a deductible provision. Subject to
advance approval by the KRGSA, 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
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.
17.3 Workers' compensation insurance with statutory limits and
employer's liability insurance with limits of not less than One Million Dollars
($1,000,000) per occurrence; and the policy shall contain a waiver of subrogation
in favor of the KDWD, ID4, City, its mayor, council, officers, agents, employees and
volunteers.
17.4 All policies required of the CONTRACTOR shall be primary
insurance as to the KDWD, ID4, CITY, its mayor, council, officers, agents,
employees, or designated volunteers and any insurance or self-insurance
maintained by the KDWD, ID4, CITY, its mayor, council, officers, agents,
employees, and designated volunteers shall be excess of the CONTRACTOR's
insurance and shall not contribute with it.
17.5 Except for workers' compensation, insurance is to be placed
INDEPENDENT CONTRACTOR'S AGREEMENT
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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 KRGSA in writing.
17.6 Unless otherwise approved by CITY's Risk Manager, all policies
shall contain an endorsement providing the KRGSA 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 KRGSA on
demand.
17.7 The insurance required hereunder shall be maintained until all
work required to be performed by this Agreement is satisfactorily completed as
evidenced by written acceptance by the KRGSA.
17.8 The CONTRACTOR shall furnish the City Risk Manager with a
certificate of insurance and required endorsements evidencing the insurance
required. KRGSA may withdraw its offer of contract or cancel this contract if
certificates of insurance and endorsements required have not been provided
prior to the execution of this Agreement.
17.9 Full compensation for all premiums which the CONTRACTOR is
required to pay on all the insurance described herein shall be considered as
included in the prices paid for the various items of work to be performed under
the Agreement, and no additional allowance will be made therefor or for
additional premiums which may be required by extensions of the policies of
insurance.
17.10 It is further understood and agreed by the CONTRACTOR that
its liability to the KRGSA 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.
17.11 Unless otherwise approved by the KRGSA, 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
KRGSA has approved lesser insurance requirements for CONTRACTOR.
17.12 CONTRACTOR shall provide, when required by KRGSA,
performance, labor and material bonds in amounts and in a form suitable to
KRGSA. KRGSA shall approve in writing all such security instruments prior to
INDEPENDENT CONTRACTOR's AGREEMENT
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i Ari: E C`1
commencement of any work under this Agreement.
18. THIRD PARTY CLAIMS. In the case of public works contracts, KRGSA
will timely notify CONTRACTOR of third party claims relating to this contract.
KRGSA shall be allowed to recover from CONTRACTOR, and CONTRACTOR shall
pay on demand, all costs of notification.
19. INDEMNITY. CONTRACTOR shall indemnify, defend, and hold
harmless KRGSA, 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 KRGSA's sole active negligence or willful misconduct.
20. 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.
21. 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:
KRGSA: KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY
Bakersfield City Clerk's Office
1600 Truxtun Avenue
Bakersfield, California
(661) 326-3767
CONTRACTOR: TODD GROUNDWATER
Phyllis Stanin, PG, CHG, Vice President /
Principal Geologist
2490 Mariner Square Loop, Suite 215
Alameda, CA 94501
(510) 747-6920
22. GOVERNING LAW. The laws of the State of California will govern the
validity of this Agreement, its interpretation and performance. Any litigation
arising in anyway from this Agreement shall be brought in Kern County, California.
INDEPENDENT CONTRACTOR'S AGREEMENT
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23. 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.
24. 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.
25. 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.
26. 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 KRGSA.
27. 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 KRGSA representatives upon request at any
time during regular business hours.
28. 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.
29. TAX NUMBERS.
INDEPENDENT CONTRACTOR's AGREEMENT
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._..__�
ORJ GIN AL
C_.J
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation?
Yes No X
(Please check one.)
30. NON-INTEREST. No officer or employee of the KRGSA shall hold any
interest in this Agreement (California Government Code section 1090).
31. RESOURCE ALLOCATION. All obligations of KRGSA under the terms of
this Agreement are subject to the appropriation and allocation of resources of
the KRGSA members.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed, the day and year first -above written.
KRGSA
KERN RIVER GROUNDWATER
SUSTAINABILITY AG
By:
R EY PALLA
Chairman
APPROVED AS TO FORM:
KRGSA ATTO EYS
By: C�-u
RO RT HAR SOCK
VIRGINIA GENNARO
AMELIA T. MINABERRIGARAI
VG/Rl:vlg
Attachments: Exhibit A - Memorandum
CONTRACTOR
TODD GROUNDWATER
By:
, 4 -, � ':4, ,
PHYLLIS STANIN
Vice President
COUNTERSIGNED:
KRGSA MANAGERS
ART CHIANELLO
DAVID BEARD
L. MARK MULKAY
INDEPENDENT CONTRACTOR's AGREEMENT
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TODD=
GROUNDWATER
December 16, 2019
MEMORANDUM
To: Kern River Groundwater Sustainability Agency (KRGSA)
Art Chianello, David Beard, and Mark Mulkay
From: Phyllis Stanin
Re: Proposal
GSP Implementation and Reporting for 2020
KRGSA Groundwater Sustainability Plan (GSP)
Now that the Final Draft GSP has been adopted, it is my understanding that the KRGSA
managers are considering activities associated with the implementation and reporting
requirements of the Plan. As part of the planning process, KRGSA managers have requested
Todd Groundwater to provide a scope and budget for two priority activities that are
scheduled for early initiation.
Specifically, the managers would like to conduct one or more internal workshops to discuss
the GSP implementation process, Plan requirements, and roles and responsibilities; Todd
Groundwater is needed for consultation during the workshop process. In addition, the first
GSP Annual Report is due to the Department of Water Resources (DWR) on April 1, 2020
and immediate activities are required for data compilation and coordination with the other
Kern County Subbasin GSAs. This memorandum presents a scope and budget for these two
tasks.
It is recognized that additional work will be required during 2020 that may also require Todd
Groundwater services. It is envisioned that the KRGSA manager workshops will be used as
scoping sessions to determine how activities will be allocated. If additional tasks are
required for Todd Groundwater, our contract for GSP Implementation and Reporting can be
amended at that time.
TASK 1: KERN COUNTY SUBBASIN ANNUAL REPORT
In November 2019, the KGA, on behalf of all GSAs in the Subbasin, retained Todd
Groundwater to prepare the first GSP Annual Report for the Kern County Subbasin. The
KRGSA has reviewed and approved the scope of services for this coordinated Subbasin-wide
effort and has committed to a cost share for that contract. The work being requested for
funding in this proposal is separate from the Subbasin-wide project, which pulls together
2490 Mariner Square Loop, Suite 215 1 Alameda, CA 94501 1510 747 6920 1 toddgroundwater.com
information and data provided by each GSA. This proposal is to develop the KRGSA-specific
information and data to support the Subbasin-wide project.
Specifically, the Subbasin-wide scope of work involves an update of the C2VSimFG-Kern
model based on local water budget data provided by each GSA from WY 2016 through WY
2019. (The current model and GSP water budgets end with WY 2015.) The model will then
be used to develop Subbasin-wide analyses, including graphs and maps, required by GSP
regulations for inclusion in GSP Annual Reports. In order to develop these graphs and maps
in a timely manner for review and incorporation into the Kern County Subbasin Annual
Report, data from all GSAs, including the KRGSA, must be compiled immediately for
incorporation into the model. Additional information and analyses are also required from all
GSAs as being requested via templates prepared by Todd Groundwater. As part of this
proposal, Todd Groundwater will prepare KRGSA information required by the templates for
incorporation into the Annual Report.
The scope of services for KRGSA support of the Subbasin Annual Report involves the
following subtasks:
1. Compile updated water level data for the KRGSA GSP monitoring network and
prepare database for provision to DWR, as required.
2. Develop updated hydrographs in similar formats for the KRGSA GSP monitoring
network wells, including sustainable management criteria, from WY 1995through
WY 2019 (according to Todd Groundwater templates).
3. Update KRGSA water budgets with monthly data from WY 2016 through WY 2019
for incorporation into the C2VSimFG-Kern model. Data sets include, but are not
limited to, monthly recharge amounts involving the Kern River channel, unlined
canals, and groundwater banking projects. It is anticipated that the City will assist
the technical team with detailed data on allocations of Kern River water among the
agencies. We will also be using the data from Kern River Annual Hydrographic
Reports. With regard to outflows, we will develop monthly amounts for
groundwater extraction (by well as available) including municipal, District, and
recovery pumping; private agricultural pumping will be estimated by the model
using ITRC METRIC, similar to the method used in the model for the historical water
budgets. We anticipate assistance from ID4 from their extraction reporting program
as was provided for the current GSP water budgets.
4. Develop KRGSA annual data for WY 2019 regarding Surface Water Use,
Groundwater Use, and Total Water Use templates as being developed by DWR for
annual reporting.
5. Working with the KRGSA managers, we will develop a narrative description to
document current GSP implementation activities (as of April 1, 2020) including
ongoing monitoring. We also anticipate providing summaries of the scoping
sessions/workshops scheduled for first quarter 2020 (described in Task 2 below).
Estimated costs for development of these data sets are $25,638 as indicated on Table 1
attached to this memorandum.
Proposal - GSP
Implementation 12-16-2019
KRGSA GSP 2
TODD GROUNDWATER
TASK 2: ATTEND TWO SCOPING WORKSHOPS FOR GSP IMPLEMENATION
PLANNING
The KRGSA managers will schedule one or more internal workshops for GSP implementation
activities including roles and responsibilities for management actions, monitoring, and
project implementation. For budgeting purposes, Todd Groundwater is assuming
attendance at two separate one -day workshops, each with a one-night stay in Bakersfield.
Todd Groundwater will develop a list of topics to assist with workshop agenda and prepare a
discussion outline with possible required actions and options for implementation. Topics
may include, but are not limited to, the following:
• GSP Monitoring Program
o Responsible agency for each well
o Coordinated schedule for data collection
o Monitoring protocols
o Data Management
o Compilation of water quality data for water quality monitoring
■ Roles and responsibilities
■ Data management
■ Schedule
o Compilation of online GPS/InSAR data for land subsidence monitoring
■ Roles and responsibilities
■ Data management
■ Schedule
o Future improvements to monitoring program
• Management Actions
o Five -Step Action Plan for sustainable management criteria exceedances
■ Roles and responsibilities
■ Rules, criteria for triggering actions
o Optimize Conjunctive Use
■ Consider a Water Use Priority Process for KRGSA agencies
■ Decision-making Process for Allocation of Excess Kern River water
o Implement Well Metering Program
■ Roles and responsibilities
■ Schedule
o Implement Groundwater Extraction Reporting Program
■ Roles and responsibilities
■ Schedule
• GSP Projects
o How to monitor status
o How to document performance
• Governance, Cost Sharing, Consideration of Future Assessments?
• Communication with other member and non-member agencies for GSP compliance
o Cal Water
Proposal - GSP
Implementation 12-16-2019
KRGSA GSP 3 TODD GROUNDWATER
ppjj ..s,
JORIGINAL
9
o ENCSD
o NOR/OMWC
o Lamont PUD
o Greenfield CWD
o RRID?, Others?
To better organize and conduct required activities, the KRGSA managers may also consider
the development of an internal GSP Compliance Manual with rules and protocols for
management and governance.
As indicated on the list above, there may be governance or legal topics for which expertise
beyond Todd Groundwater would be needed. We will work with the KRGSA managers to
determine appropriate agenda items, attendees, and resources for each of the two
proposed scoping sessions to provide efficient use of KRGSA expenditures and time.
Estimated costs for preparation of discussion outlines and attendance at two GSP Scoping
Workshops are $13,104 as indicated on Table 1.
BUDGET AND SCHEDULE
Costs for these two initial GSP Implementation and Reporting tasks for 2020 total $38,742 as
shown on Table 1. Activities and level of effort for the scoping workshops can be modified
as directed by the KRGSA managers. It is assumed that both tasks will be completed in the
first quarter of 2020.
Proposal - GSP
Implementation 12-16-2019
KRGSA GSP 4 TODD GROUNDWATER
Table 1: PROPOSAL - GSP Implementation and Reporting - 2020 Todd Groundwater
Jab Name: GSP Implementation and Reporting -2020
Job Descrgtnon: SupportmeMfAwiA bnplem bfi,nanewpor6ngccmpfunce forthewp
Cfcnt Kem RNer Groundwater Susremablldy Agency
Dere: 12115(1016
Todd Job Number. 62311
Proposal - GSP Implementation 12-16-2019
KRGSA GSP
TODD GROUNDWATER
Report
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Proposal - GSP Implementation 12-16-2019
KRGSA GSP
TODD GROUNDWATER