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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