HomeMy WebLinkAboutAGRMT NO KRGSA16-001(1)V 0
AGREEMENT NO. KRGSA 16-001(1)
AMENDMENT NO. 1 TO
AGREEMENT NO. KRGSA 16-001
THIS AMENDMENT NO. 1 TO AGREEMENT NO. KRGSA 16-001 is made and
entered into on FEB - 12018 , by and between the KERN RIVER
GROUNDWATER SUSTAINABILITY AGENCY (referred to herein as "KRGSA"), and
HORIZON WATER AND ENVIRONMENT, LLC, a limited liability company (referred to
herein as "CONTRACTOR").
RECITALS
WHEREAS, on August 4, 2016, KRGSA and CONTRACTOR entered into
Agreement No. KRGSA 16-001 to develop and implement a strategic approach
to comply with the Sustainable Groundwater Management Act of 2014
("SGMA") by providing program management services to support the KRGSA
through the GSP development and submittal process as outlined in the Scope of
Work which is attached hereto as Exhibit "A", incorporated herein, and referred
to as "Scope of Work 1"; and
WHEREAS, additional work is required of CONTRACTOR to develop and
submit a grant application on behalf of the Kern River Groundwater
Sustainability Agency, as a representative of the Kern County Subbasin, to the
Sustainable Groundwater Planning Grant Program as outlined in the Scope of
Work which is attached hereto as Exhibit "B", incorporated herein, and referred
to as "Scope of Work 2"; and
WHEREAS, KRGSA and CONTRACTOR have agreed to additional
compensation of Eighty Two Thousand Dollars ($82,000) to perform Scope of
Work 2.
NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and
CONTRACTOR mutually agree to amend Agreement No. KRGSA 16-001 as
follows:
1. Section 1 of Agreement No. KRGSA 16-001 entitled "Scope of Work"
is hereby amended to read as follows:
1. SCOPE OF WORK. The scope of work is
described as: implementing a strategic
approach to comply with SGMA and as further
/vnendmmi Na.11a Agr. KR65�1 �1 ILfr\IIN/
� en reoVpryvmlLzeiWmmao rten�ary memersu¢ticomm WooL¢csery nxormizneuemxcmsnmppLoov /1U'GL�V
�- Page 1 of 3 Pages
0
described in Exhibit "A" and Exhibit "B" 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. Section 2 of the Agreement No. KRGSA 16-001 entitled
"Compensation" is hereby amended to read as follows:
2. COMPENSATION. Compensation for all
work, services or products called for under this
Agreement shall consist of a total payment not to
exceed One Hundred Ninety -Four Thousand
Dollars ($194,000.00) to perform Scope of Work 1
and Eighty Two Thousand Dollars ($82,000) to
perform Scope of Work 2 for a total amount not
to exceed Two Hundred Seventy Six Thousand
Dollars ($276,000). 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. Except as amended herein, all provisions of Agreement No. KRGSA
16-001 shall remain in full force and effect.
SOT
Aire `MM No t to Apr. KRG16001
W"nWmVnofmLLaoenwom.o m aurpvep mime 5trso weer¢ V....om
— PtppiYRG 15 ppo�noo
�- Page 2 of 3 Pages -- AGENCY
oRiclNAl_
E
E
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. 1 to Agreement No. KRGSA 16-001 to be executed the day and year first
above written.
KRGSA" "CONTRACTOR"
KERN RIVER GROUNDWATER HORIZON WATER & ENVIRONMENT, LLC
SUSTAINABILITY AGENCY
By: By:
RODNEY PALLA KENNETH M. SCHWARZ
Chairman Principal
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorneys
By: 71�Aej�
VIR NIA GE NARO
City Attorney
COUNTERSIGNED:
By:
NELSON SMITH
Finance Director
VG/Rl:dll
Attachment: Exhibit A - Scope of Work
Exhibit B - Scope of Work
APPROVED AS TO FORM:
By:
GENE R. McMURTREY
Attorney for Kern Delta wat r
District
APPROVED AS TO FORM:
AMELIA T. MINABE R,R ICaARAI
General Counsel tor'
Kern County Water Agency/
Improvement District 4
mendNeni Na.1 . KNS 16 001
� b AgrG
.mLL� � n I n-1 1—In,n010)() o AGENCY
-- Page 3 of 3 Pages G�
nR1GINAl
O
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
I to Agreement No. KRGSA 16-001 to be executed the day and year first above
written.
"KRGSA" "CONTRACTOR"
KERN RIVER GROUNDWATER HORIZON WATER 6 ENVIRONMENT, LLC
SUSTAINABILITY AGENCY
92
RODNEY PALLA
Chairman
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
VIRGINIA GENNARO
City Attorney
COUNTERSIGNED:
22
NELSON SMITH
Finance Director
VG/Rl:dll
Attachment: Exhibit A - Scope of Work
Exhibit B - Scope of Work
By:_
KENNETH M. SC AR
Principal
APPROVED AS TO FORM:
M
GENE R. McMURTREY
Attorney for Kern Delta Water
District
APPROVED AS TO FORM:
By:
AMELIA T. MINABERRIGARAI
General Counsel for
Kern County Water Agency/
Improvement District 4
s...,,,
PagE 3 of 3 Pages —
AGENCY
ORIGINAL
10
EXHIBIT A
Horizon
WATER and ENVIRONMENT
Scope of Work
Submitted To: Kern River Groundwater Suatainablllty Agency (KRGSA)
Subject Prognun Management Support for Developing the Groundwater
Sustainabllity Plan (GSP)
Date: May 31, 2016
To: Art Chianello, City of Bakersfield (City)
Mark Mulkey, Kern Delta Water District (KDWD)
Dave Beard, Kern County Water Agency Improvement District Number 4 (ID4)
From: Ken Schwarz, Horizon Water and Erwhonment (Horizon)
0 INTRODUCTION AND PURPOSE
To comply with the Sustainable Groundwater Management Act (SGMA), the KRGSA formed In March
and April 2016 through a combination of actions including:
• the primary KRGSA member agencies of the City, KDWD, and ID4 developed a memorandum of
understanding (MOU) describing the Joico purpose of forming the KRGSA;
• the governing boards of the primary member agencies passed resolutions to fort and
participate in the KRGSA,
• other participating local agencies signed documents expressing their support for the KRGSA; and
• the KRGSA submitted the required GSA formation notification documents to the Califomia
Department of Water Resources (DWR) on April 12, 2016.
The KRGSA notification was formally posted by DWR on April 21, 2016. The KRGSA notification is
currently within the 90 -day period, during which time other GSAs may be submitted that share
geographic areas with the KRGSA. If no other GSAs are submitted to DWR that include the geographic
area of the KRGSA, then on July 20, 2016 the KRGSA will be considered the exclusive GSA within its
designated boundary, which includes a portion of the Kern County Subbasin (Basin Number 5-22.14,
DWR Bulletin 119) within the San Joaquin Valley Groundwater Basin.
The Kern County Subbasin is a high-priority groundwater basin in a state of critical overdraft. SGMA
requires that such basins shall be managed under a GSP by January 31, 2020.
JThe purpose of this scope of work is to provide program management services to support the KRGSA
GSP Program Support Scope of Work
Submitted by Horizon Water and Environment
May 31, 2016
through the GSP development and submittal process. Horizon understands that the KRGSA will likely
select a technical consultant proficient in the analysis and evaluation of groundwater conditions,
Including modelling methods, to develop several aspects of the GSP. This scope of work submitted by
Horizon is not intended to conflict with any workplan submitted by other potential consultants; but to
provide complimentary services with the shared goal of developing a high quality and compliant GSP by
the stated January 2020 deadline. Horizon will include local Bakersfield -based consultants from Quad
Knopf, Inc to support our effort.
Tasks to support the KRGSA in developing their GSP are described below. An estimated schedule for
these tasks is provided following the task descriptions, though ultimate responsibility for the delivery of
several of these tasks will be dependent upon the work products of technical groundwater consultant.
TASK 1: FINAL GSP REGULATKJNS AND CONFIRM ComwLTANT WORKPLAN
DWR Issued draft regulations to guide developing GSPs in February 2016. The City submitted a
comment letter to DWR regarding the draft regulations on April 1, 2016. Final regulations are expected
In lune 2016. Horizon will review the final regulations and prepare a brief memorandum or email
communication summarizing any key Issues of comm regarding the final regulations. This process may
Involve answering questions from GSA members regarding the final regulations or making inquiries to
DWR to clarify the regulation requirements. Based on the final GSP regulations and any further
coordination with the KRGSA or its assured technical consultant; Horizon would review this GSP support
o scope of work, confirm its direction, or make any necessary adjustments regarding tasks and schedule.
Horizon would also develop a draft Table of Contents for the GSP and coordinate with the KRGSA's
technical consultant regarding their scope of adivdtles and a coordinated schedule to develop the GSP.
Dell aabla:
• Memorandum or email communication describing final GSP regulations
• Final consultant workplan for KRGSA review and confirmation
• Daft GSP Table of Contents
• Revised GSP development schedule
meetmils:
• Participation in DWR webinar or meeting regarding final GSP regulations
• Participation in phone all with KRGSA to confirm and finalize consultant workplan
• Participation in meetings or phone calls with KRGSA technical consultant to review GSP table of
contents and GSP schedule
Note - consultant attendance at KRGSA committee meetings or other supporting phone calls and
communications Is provided in Task 8, General Program Communications and Meetings
TASK 2: BASIN COORDINATION
A core aspect of the SGMA is that GSAs within the same basins and subbasins shall coordinate their
planning efforts to ensure that there is a common understanding of available groundwater resources.
GSP Program Support Scope of Work
Submitted by Horizon Water and Environment
May 31, 2016
Our team will support the KRGSA, as requested, with basin GSA coordination efforts. Our understanding
Is that the primary managers of the KRGSA will take the lead on basin GSA coordination and developing
either intra -basin or inter -basin agreements with other GSAs. But, there may be tasks and services that
Horizon or Quad Knopf can assist with to support basin coordination. This might Include attending
meetings and phone calls to discuss the KRGSA's approach with other GSAs or their consultants;
collecting or transferring relevant data with other GSAs, reviewing other GSA plan elements for
consideration on how they affect the KRGSA's GSP, or reviewing other GSA's GSP products in light of
SGMA regulatory requirements.
Deliverables:
• To be determined
Meetings:
• Tobedetermined
TASK 3: PEER REwEw FOR DRAFT GSP S acnoNs
The technical groundwater consultant will lead the development of several GSP sections, including the
Administrative Setting, Basin Setting, Sustainable Management Criteria, and Monitoring Network
sections. Horizon will provide peer review of these sections.
�i Delivembles:
j Peer review of draft Administrative Setting, Basin Setting, Sustainable Management Criteria, and
Monitoring Network sedans developed by technical groundwater consultant
Meetings:
• Participation in up to 4 phone calls and 2 meetings
TASK 4: OSP - DRAFT CommuNICATioN PIAN AND INITIAL COMMUNITY OUTREACH
Section 354.10 of Subartide 1, Article 5 of the GSP draft regulations, describes how each GSP shall
Include information describing the list of interested persons, beneficial uses and users in the basin,
KRGSA's planned consultation with those Interests, summary of public meetings, copy of public
comments received by the GSA and responses, and a communication plan adopted by the KRGSA. The
communication plan is required to include an explanation of the KRGSA's decision making process
including how stakeholder input and public response will be used, Identify stakeholder engagement
opportunities, description of how the KRGSA encourages diverse Input into the planning process, a
schedule of key communication milestones, and a description of roles and responsibilities of local
agencies and the public. Horizon will develop a Draft Communication Plan to address these GSP
requirements.
Deliverables:
• Draft Communication Plan
• Revised Communication Plan (based on one round of KRGSA comment)
GSP Program Support Scope of Work
Submitted by Horizon Water and Environment
l May 31, 2016
l _.J Meedngs:
• Participation in up to 1 meeting (or phone call( to review and discuss the communication plan
• Participation in up to 2 stakeholder meetings to provide the community with information
regarding the GSAJGSP process and to collect stakeholder Input
TASK 5: GSP— PROJECTS AND MAuGEMENT ACTions
Subarticle 5 of Article 5 of the draft GSP regulations describes how projects and management actions
will be developed by the GSA to meet the measurable objectives identified in the plan and to prevent
undesirable results. Horizon will coordinate with the KRGSA's technical consultant to identify the
magnitude of groundwater projects and management actions needed to meet the measurable
objectives. Horizon will work with the member agencies of the KRGSA, the technical consultant, and
other stakeholder; potentially, to identify actions and projects that can be undertaken by individual
agencies or collaberativelythrough the KRGSA to meet the measurable objectives. Horizon can lead or
support meetings as needed, Including project evaluation meetings or project design chamettes. H is
understood that the KRGSA's technical consultant would then evaluate potential projects and
management actions for their effectiveness. Management actions and projects can be differentiated or
assigned according to different land uses or member agency land ownership areas. For example, certain
management actions or projects that are more agricultural oriented may make sense or KDWD to
pursue, while the City and I134 focus on projects and management actions more typically appropriate or
o urban land users. Horizon would work with the technical groundwater consultant to develop a draft
projects and management actions report or chapter or integration Into the GSP.
DeNerables:
• Draft projects and management actions chapter of the GSP
• Revised projects and management actions chapter or the GSP
Meetings:
• Horizon to participate in up to 2 internal KRGSA team and consultant meetings to review and
discuss the draft projects and management actions chapter
• Horizon to participate in up to 2 external KRGSA team and consultant meetings to present the
draft projects and management actions chapter and receive feedback and input
TASK 5: GSP — PIAN REFINEMENT AND RNALiwiou
Horizon will coordinate with the technical groundwater consultant and either support their finalization
of the GSP document, or Horizon will coliate and gather the draft GSP chapters and elements developed
to date into an integrated plan document. This phase will Include making revisions to the GSP based on
GSA decision making during the GSP development phase; any outcomes of Inter/intra basin coordination
efforts; an understanding of overall subbasin sustainability targets; and stakeholder and interested party
feedback on GSP elements developed to date.
\ Deliverables:
\J
4 LA'
GSP Program Support Scope of Work
Submitted by Horizon Water and Environment
May 31, 2016.
• Support developing the Revised Draft GSP
• Support developing the Final Draft GSP (based on one round of review following comments on
the Revised Draft GSP)
Meetings:
• Horizon to participate in up to 1 KRGSA team and consultant meetings to review and discuss the
Revised Draft GSP
• Horizon to participate in up to 1 external stakeholder meetings to review and discuss the
Revised Draft GSP
TASK 7: GSP PLAN APPRovAL AND DWR SuaMRTAL
Horizon will support the KRGSA through the plan approval process by making presentations to member
agency goveming boards during their review of the Final Draft GSP, preparing Informational briefings as
necessary, and supporting the memberagenry decision making process. Horizon will support the GSA
or the technical groundwater consultant to submit the Final Draft KRGSA GSP to DWR.
Deliverables:
Presentations to governing boards of member KRGSA agencies
• Information briefings to support the member agency decision making process
Meetings:
•
Horizon to participate in up to 2 KRGSA and member agency governing board or council
meetings
TASK 8: GENERAL PROGRAM COMMUNICATIONS AND MFErnmas
Horizon (or quad Knopf as appropriate) will support the KRGSA through regular participation in KRGSA
meetings and phone ails. While the GSP Is under development, the consultants will provide the KRGSA
with periodic informational email updates and participate in "check-in" ails with the KRGSA to review
progress to date on the GSP and discuss next steps in the GSP development. Horizon will coordinate
directly with the groundwater technical consultant and track their progress according to the overall
project timeline. Horizon will keep the KRGSA updated to the overall schedule development of the GSP.
Horizon will also be available to contact DWR representatives to ask questions regarding the GSP
development.
Deliverables:
• Email summary notes and briefings from team conference ails and meetings
Meetings:
• Horizon to participate in up to 5 additional KRGSA meetings and phone calls
J
5 '��044y,V
i%�f�f�4S
GSP Program Support Scope of Work
Submitted by Horizon Water and Environment
May 31, 2016
Table 1: Estimated Schedule to support GSP development
FF
Task
Start
End
lations and Confirm
rkplan
O(GSP: ;Review
June 2016
August 2016
tion
lune 2016
December 2019
Draft Chapters
July 2016
October 2017
4
GSP: Communication Plan
July 2016
November2016
5
GSP: Projects and Management Actions
April 2018
March 2019
6
GSP: Plan Refinement and Finalization
April 2019
July 2019
7
GSP Approval and Submittal to DWR
September 2019
December 2019
8
General Program Communications and
Meetings
lune 2016
January 2020
L D 'J
III
J
Horizon
WATER ROM
Horizon Water and Environment, LLC
2016 List of Chargeable Rates
Starr
ClassHkadan
Hourly Rate
Principal
$210
Director
$185
Senior Associate II
$175
Senior Associate 1
$165
Associate 11
$155
Associate 1
$150
Anal 11
$135
Analyst 1
$125
Surveyor
$120
Technician 11
$90
Technician 1
$80
Publication Specialist
$90
Technical Editor
$95
GIS Analyst/CAD Technician
$105
Administrative Assistant
$75
Direct Eglenses
(8%.markuX includessubconsulWnts)
Item
Rate
Mileage
Current I115 Rate
($0.54/mile-2016)
Printing (in-house)
• Black/white prints
$0.15 per page
- Color prints
$1.00 per page
- CDs (including label and envelope)
$1.50 each
Equipment rental
- 615mapping
$25/hour
- GP5unit
$100.00/day
Outside vendors; includes:
- Equi ment rentals
- Document production
• Document supplies (e.g., binders)
At Cost
Note: Rates are subject to revision on January 1 of each calendar year.
PO Boz 2727. Oakland, CA 94602 1 (510) 986-1850
Horizon Water and Environment is a California Limited Liability Company
EXHIBIT B
4L Horizon
WATER and ENVIRONMENT
Kern River Groundwater Sustainability Agency - DWR Grant Application Development
of Work for Consultant Services Provided by Horizon Water and Environment
Horizon will develop a grant application/proposal for the Kern County Subbasin based on the grant
requirements provided by DWR. Horizon's work will be organized into the following tasks:
Task 1: GSP Regulations and Finalize Workplan
Horizon will review and research the requirements for the grant application and use this
information to structure and outline the grant submittal documents.
Task 2: Grant Application Coordination
During the development of the grant application, Horizon will coordinate with project partners
and agencies who will be providing information regarding their projects and programs This task
involves a robust communication effort with the various project and agency partners
participating in the grant application.
Task 3: Draft Gram Application Materials
Horizon will create data request templates designed to collect information and language for
inclusion in the grant application forms and Attachments (Work Plan, Schedule, Budget, etc.) for
each project and for the overall proposal. Horizon will distribute the data request templates to
participating GSAs in the Kern County Subbasin, with a stated deadline for return of completed
templates. Participating GSAs shall submit their information to Horizon following the data
request template provided by Horizon in a timely manner. This task enables Horizon to collect
information from these project partners and edit/adjust the information as necessary for the
grant application. Horizon will generate draft grant application materials, including language to
populate the online GRanTS application tabs, and required Attachments, then distribute the
draft grant application materials to the KRGSA and participating GSAs for review, with a due
date to receive requested edits and/or comments.
Task 4: Finalize Grant Application Materials
Horizon will generate final grant application materials based upon information and material
received by the due date described in the bullet point above. Horizon will send these final grant
application materials to KRGSA for review and approval to submit to DWR.
Task 5: Submit Grant Application to DWR
Horizon will complete the online GRanTS application information tabs, and upload all
Attachments, before DWR's application period deadline.
Task 6: Project Management
Horizon will provide a schedule for producing the finished grant application package, and
coordinate the schedule accordingly.
DWR Grant Application Development
Scope of Work and Cost Estimate
Horizon Water and Environment
Cost Estimate:
Task
Task Title
Budget
1
GSP Regulations and Finalize Workplan
$2,547
2
Grant Application Coordination
$19,305
3
Draft Grant Application Materials(Workplan, Schedule,
Budget)
$40,187
4
Finalize Grant Application Materials
$15,443
5
Submit Overall Kern County Grant Proposal to DWR
$4,052
6
Project Management
$120
total
$81,654