HomeMy WebLinkAboutAGRMT NO KRGSA 25-002Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
AGREEMENT NO. KRGSA 25-002
INDEPENDENT CONTRACTOR'S AGREEMENT
This INDEPENDENT CONTR�.iTOR'S AGREEMENT ("Agreement") is made and
entered into on _ 1AN - 9 by and between the KERN RIVER
GROUNDWATER SUSTAINABILITY AGENCY, (herein "KRGSA"), , and TODD
GROUNDWATER, a small business enterprise authorized to do business in California
(referred to herein as "CONTRACTOR").
RECITALS
WHEREAS, KRGSA Is a groundwater sustainability agency comprised of
three equal partners: (1.) City of Bakersfield ("City"), (2) Kern Delta Water District
("KDWD"), and (3) Improvement District No. 4 ("1D4"); and
WHEREAS, CONTRACTOR represents that CONTRACTOR is experienced, well
qualified and a specialist in providing environmental, biological, planning, civil
engineering and technical support services in the field of water resources and
that all of its officers, partners, and/or principals are licensed professionals in
engineering, design, or similar professional areas with the appropriate professional
degrees; and
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 concerning KRGSA's Sixth Groundwater Sustainability Plan Annual
Report covering Water Year 2024 (6th GSP Annual Report WY 2024), and that it is
competent to undertake the same; and
WHEREAS, KRGSA has, to its satisfaction, utilized CONTRACTOR's services to
assist in the preparation of its GSP and past GSP Annual Reports; and
WHEREAS, KRGSA desires to employ CONTRACTOR for the purposes of
assisting in the preparation of its 6th GSP Annual Report (see Exhibit A).
NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and
CONTRACTOR mutually agree as follows:
t. SCOPE OF WORK. In exchange for the Compensation (defined below),
CONTRACTOR shall perform all tasks and procedures, express and implied,
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-AGENCY "
ORIGINAL
a_.x -
Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
necessary to complete the 6fh GSP Annual Report WY 2024 ("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. The Scope of
Work is memorialized in Exhibit A, which is attached hereto and
incorporated herein as though fully set forth in this Agreement.
2. COMPENSATION/PAYMENT PROCEDURE. Subject to the conditions of this
section, KRGSA will pay CONTRACTOR as follows for performing the Scope
of Work ("Compensation"): in an amount not to exceed TWENTY THOUSAND
DOLLARS and NO CENTS ($20,000) as shown in Exhibit A. KRGSA will pay
CONTRACTOR within thirty (30) days after CONTRACTOR submits an
itemized invoice for the portions of the Scope of Work completed and that
invoice is approved by KRGSA. 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. KRGSA will pay no other
compensation to CONTRACTOR.
3. TERM. Unless terminated sooner, as set forth herein, this Agreement shall
terminate on December 31, 2025.
4. TERMINATIOW. Either party may terminate this Agreement after giving the
other party written notice, as provided herein, ten (10) 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 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.
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AGENCY/
1iJr,-IIG GAL
Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
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 KRGSA. 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
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. KRGSA reserves the right to
approve key personnel. Once the key personnel are approved,
CONTRACTOR shall not change such personnel without KRGSA's written
approval.
11. JNCLUDED 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 feast
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 observedby
a specialist of CONTRACTOR''s profession in California.
14. ° B 684-G6MPLIANCE': 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. 177 1.1 for an unregistered
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Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
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.
16. 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 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:
16.1.1 Provide coverage for owned, non -owned and hired autos.
16.2 Broad form:,commercial generah:liability- insurance, unless otherwise
approved by City of Bakersfield's ("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:
16.2.1 Provide contractual liability coverage for the terms of
this Agreement;
16.2.2 Provide unlimited products and completed operations
coverage;
16.2.3 Contain an additional insured endorsement in favor of
KDWD, ID4, CITY, its mayor, council, officers, agents,
employees, and designated volunteers.
16.2.4 All policies shall be written on a first -dollar. coverage
basis, or contain a deductible provision. Subject to
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Docusign Envelope ID: 70089CC3-9070-4234-A9137-1 C2386DCE912
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.
16.3 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.
16.4 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.
16.5 Except for workers' compensation, insurance is to be placed with
insurers with a Best's rating as approved by CITY's Risk Manager, but in no event
less than A-:VII. Any deductibles, self -insured retentions or insurance in lesser
amounts, or lack of certain types of insurance otherwise required by this
Agreement, or insurance rated below Best's A-:VII, must be declared prior to
execution of this Agreement and approved by the KRGSA in writing.
16.6 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.
16.7 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.
16.8 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
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Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
prior to the execution of this Agreement.
16.9 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.
16.10 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.
16.11 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..
16.12 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
17. THIRD PARTY CLAIMS. KRGSA will timely notify CONTRACTOR of third -party
claims relating to this Agreement. KRGSA shall be allowed to recover from
CONTRACTOR, and CONTRACTOR shall pay on demand, all costs of
notification_
I & INDEMNITY. CONTRACTOR shall indemnify, defend - and and hold harmless
KRGSA and KRGSA'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 KRGSA'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
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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 (3) years from the date of the final
payment hereunder, and made available to KRGSA 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.
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
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Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1 C2386DCE912
the parties to this Agreement.
27. GOVERNING LAW. The laws of the State of California shall 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 KRGSA 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:
KRGSA: CITY OF BAKERSFIELD
CITY HALL
1600 Truxtun Avenue
Bakersfield, California 93301
(661) 326-3767
CONTRACTOR: TODD GROUNDWATER
1301 Marina Village Parkway, Suite 320
Alameda, California 94501
(510)747-6920
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.
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Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
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 KRGSA property.
34. TAX NUMBERS.
CONTRACTOR's Federal Tax ID Number
CONTRACTOR is a corporation? Yes No - .X
(Please check one.)
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed as of the date first written above.
"KRGSA"
KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY'
By: �o
RODNEY ,PALLA
Chairman
APPROVED AS TO CONTENT:
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
By:
DANIEL MALDONADO
Assistant Water Resources
Director
APPROVED AS TO CONTENT:
KERN DELTA WATER DISTRICT
By: m,--- ---�
STEVE T IA-
General Manager
"CONSULTANT"
TODD GROUNDWATER
DocuSigned by:
By.
Tne or. Print Name:
i s Priestaf
Title:
President
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
MATTHEW COLLOM
Deputy City Attorney
APPROVED AS TO FORM:
By. � 4<�--
RICHARD IGER
General Counsel, KDWD
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Docusign Envelope ID: 70089CC3-9070-4234-A9B7-1C2386DCE912
APPROVED AS TO CONTENT:
IMPROVEMENT DISTRICT NO.4
Bye, )fi(.G`„�—
TOM MCCARTHY
General Manager
COUNTERSIGNED:
DocuSigned by:
By: Avkul"
RANDY MCKEEGAN
Finance Director
APPROVED AS TO FORM:
Signed by:
By: Oil. MS
'�--STEFANIE MORRIS
Outside Counsel, KCWA/ID4
Attachments: Exhibit A - Scope of Work 6fh GSP Annual Report WY 2024
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O docusign.
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Envelope Id: 70089CC3-9070-4234-A9B7-1C2386DCE912 Status: Completed
Subject:. Complete with Docusign: Todd Annual Reporkpdf
Source Envelope:
Document Pages: 10 Signatures: 3
Envelope Originator:
Certificate Pages: 5 Initials: 0
Steven Teglia
Al Enabled,
501 Taft Highway
Envelopeld Stamping: Enabled
Bakersfield, CA 93307
Time Zone: (UTC-08:00) Pacific Time (US & Canada)
steven@kerndelta.org
IP Address: 74.87.6.236
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Status: Original Holder: Steven Teglia Location: DocuSign
1/10/2025 1`:38:27 PM steven@kemdelta.org
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, il ry
Iris PriestafSent: 1/10/2025 1:49:12 PM
ipriestaf@toddgroundwater.com Resent: 1/14/2025 1:46:52 PM
President ED—uSigned 6yz 4=1D7F25884F8... Viewed: 1/14/2025 1,:49:17 PM
Security Level: Email, Account Authentication Signed: 1/14/2025 1:55:30 PM
(None) Signature Adoption: Uploaded Signature Image
Using IP Address: 107.194.246.169
Electronic Record and Signature Disclosure:
Accepted: 1/14/2025 1:49:17 PM
ID: 309f9488-7f1 e-4fe7-90e7-545540b589c1
Randy'Mckeegan
rmckeegan@bakersfieldcity.us
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature'Disclosu're:
Accepted: 1/14/2025 7:52:09 AM
ID:33aaOc36-708d-4722-9ec9-c95c6fc6bd85
Stefanie Morris
smorris@calnevawaterlaw.com
Managing Partner -
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Accepted: 1/10/2025 1:50:27 PM
ID: ee50l6ec-cb0c-4782-b963-df84f5aOf365
D—SIa"Wn by: Sent: 1/10/2025. C1:49:;13 PM � Viewed: 1/14/2025 7:52:09 AM
F41115E2e74AE.- Signed: 1/14/2025 7:55:03 AM.
Signature Adoption: Pre -selected Style
Using IP Address: 174.46.226.5
Csh"ea by. Sent: 1/10/2025 1:49:12 PM
�{6Fatntt. At. Ms Viewed: 1/10/2026 1:50:27 PM
2485BOO1742743E... Signed: 1/10/2025 1:50:44 PM
Signature Adoption: Pre -selected Style
Using IP Address: 47.231.213.128
W
,
rORAGENcy
IG
Steven Teglia
steven@kerndelta.org
GeneralManager
Kern Delta Water District
Security Level: Email, Account Authentication
(None)
Electronic Record and Signature Disclosure:
Not Offered.via DocuSign
�*iLC Sent; 1/10/2025 1:49:13 PM
D77] Resent: 1/14/20251:55:35 PM
Nil
MEN WINE
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Envelope Sent
Hashed/Encrypted
1/1.0/2025 1:49:14 PM
Envelope Updated
Security Checked
1/14/2025 1:46:51 PM
Envelope Updated
Security Checked'
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Envelope Updated
Security Checked;
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Certified Delivered
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Signing, Complete Security Checked 1/10/2025 1:50:44 PM
Completed Security Checked 1/14/2025 1:55:30 PM
Electronic Record and Signature Disclosure created on: 9/3/2020 3:15:26 PM
-Parties agreed to: Iris Priestaf, Randy Mckeegan, Stefanie Morris, Daniel Maldonado
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,s- E-Vlc
OR(31 A
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to request paper copies of certain information from us, and to withdraw your prior consent to
receive notices and disclosures electronically as follows:
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receive exclusively through electronic means all notices, disclosures, authorizations,
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available to you by Kern Delta Water District during the course of your relationship with
Kern Delta Water District.
LaserFiche Log Department:
DATE DESCRIPTION PAGES VERIFIED BY:
l 011 - 02=�
69,111 d 0 202J-
No
N ► -OP
S:\FORMS\LaserFiche Log.doc