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HomeMy WebLinkAboutAGRMT NO KRGSA 19-003AGREEMENT NO. KRGSA 19-003 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on FEB 0 7 2019 by and between the KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY, ("KRGSA" herein) and TODD GROUNDWATER, a small business enterprise, ("CONTRACTOR" herein). RECITALS WHEREAS, on August 4, 2016, KRGSA and CONTRACTOR entered into Agreement No. KRGSA 16-002, to develop and implement a strategic approach to comply with the Sustainable Groundwater Management Act of 2014 ("SGMA") by preparing a Groundwater Sustainability Plan ("GSP"); and WHEREAS, in April 2017 the parties entered into Amendment No. One (1) to Agreement No. KRGSA 16-002, to expand the Scope of Work in the original contract to include developing a Subbasin-wide water budget utilizing the C2VSim;and WHEREAS, KRGSA and other Ground Water Sustainability Agencies are cooperating and working with CONTRACTOR to prepare subbasin-wide water budgets for the Kern County Subbasin in compliance with SGMA; and WHEREAS, KRGSA has entered into reimbursement agreements with Olcese Water District, Buena Vista Water Storage District, Henry Miller Water District, and Kern Groundwater Authority to pay their share of the proposed budget for performing the Scope of Work (attached hereto as Exhibit "A"); and WHEREAS, CONTRACTOR has previous experience with KRGSA's water resources and represents that CONTRACTOR is experienced and qualified. NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and CONTRACTOR mutually agree as follows: 1. SCOPE OF WORK. The scope of work is described as: use C2VSim to set up a 50 -year baseline, climate change baselines, and conduct subbosin- wide water budget modeling for projected future water budgets to comply with the SGMA as further described in 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. INDEPENDENT CONTPo CTOR'S AGREEMENT 5 \W AMR\KRGSA\Aon\TODD Gr.un W Oter.KRGSA.BudgeLDmx lanuary I8.2019 I AGENCY -- Page 1 of 10 Pages -- C''RIGINAL 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement is set forth in Exhibit C and shall consist of a total payment not to exceed Two Hundred Forty-two Thousand Dollars ($242,000.00). KRGSA's share of the total budget is being paid pursuant to Agreement No. KRGSA 16-002(2). 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 monthly invoices to KRGSA for work completed and KRGSA shall make payment to CONTRACTOR within sixty (60) days after receipt and approval of said itemized invoice by KRGSA Board. 4. KEY PERSONNEL. CONTRACTOR shall name all key personnel to be assigned to the work set forth herein. 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 in the type of work called for herein. KRGSA reserves the right to approve key personnel. Once the key personnel are approved CONTRACTOR shall not change such personnel without the written approval of KRGSA. 5. 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. 6. INCLUDED DOCUMENTS. Any bid documents, including, without limitation, special provisions and standard specifications and any Request for Proposals, Request for Qualifications and responses thereto relating to this Agreement are incorporated by reference as though fully set forth. 7. 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. 8. 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. INDEPENDENT CONTRACTOR'S AGREEMENT 5\WAI R\KRGSA\Agrs\TODD Gmw ate! KRGSA BWgetOocx January 18, 2019 --Page 2 of 10 Pages -- AGENCY ��RIG!NAL 9. 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. 10. 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. 11. 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. 12. 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. 13. 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. 14. SB 854 COMPLIANCE. To the extent Labor Code Section 1771.1 applies to this Agreement, a contractor or subcontractor shall not be qualified to bid on, be listed in a bid proposal, be subject to the requirements of Section 4104 of the Public Contract Code, or engage in the performance of any contract for public work, as defined in this chapter, unless currently registered and qualified to perform public work pursuant to Section 1725.5. It is not a violation of Labor Code Section 1771.1 for an unregistered contractor to submit a bid that is authorized by Section 7029.1 of the Business and Professions Code or by Section 10164 or 20103.5 of the Public Contract Code, provided the contractor is registered to perform public work pursuant to Section 1725.5 at the time the contract is awarded. The prime contractor is required to post job site notices in compliance with Title 8 California Code of Regulations Section 16451. This project is subject to compliance monitoring and enforcement by the INDEPENDENT CONTRACTOR'S AGREEMENT 5:\WRIER\KRGSA\Agrs\IODO G,amW'a1m.KRGSA.B�.tlgel.Don January I8. 2019 AGEI ZY -- Page 3 of 10 Pages -- 0RiUINAL Department of Industrial Relations. 15. 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. 16. DIRECTION. CONTRACTOR retains the right to control or direct the manner in which the services described herein are performed. 17. EQUIPMENT. CONTRACTOR will supply all equipment, tools, materials and supplies necessary to perform the services under this Agreement. 18. 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 f"basic insurance requirements") herein: 18.1 Automobile liability insuranceproviding 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: 18.1.1 Provide coverage for owned, non -owned and hired autos. 18.2 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: 18.2.1 Provide contractual liability coverage for the terms of this Agreement. 18.2.2 Provide unlimited products and completed operations coverage. 18.2.3 Contain an additional insured endorsement in favor of KDWD, ID4, City, its mayor, council, officers, agents, employees and volunteers. INDEPENDENT CONTRACTOR'S AGREEMENT S:AWRER\KRGSAAA9nV ODD GomWabcKRGSABudgelDo January 18.2019 -- Page 4 of 10 Pages -- R 18.2.4 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. 18.3 Workers' compensation Insurance with statutory limits and employers 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. 18.4 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. 18.5 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. 18.6 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. 18.7 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. INDEPENDENT CONTRACTOR'S AGREEMENT ,T 5\W' ER\KRGSA\A95\TODD GmnOa IIGSRBW9a.Do 1 1 January 18. X 3 9 -- Page 5 of 10 Pages -- i A(=EhwY f ORIGINAL I_ 18.8 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. 18.9 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. 18.10 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. 18.11 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. 18.12 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 commencement of any work under this Agreement. 19. 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. 20. 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 or judicial 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. INDEPENDENT CONTRACTOR'S AGREEMENT S:\WAI R\KRGSA\AG.V1 DGmuntlxale,.KRGS0.BW0e�Docx January IB. 2019 -- Page 6 of 10 Pages -- AZtt 10 161NAL 21. 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. 22. 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 23. GOVERNING LAW. The laws of the State of California will govern the validity of this Agreement, its interpretation and performance. Any litigation arising in any way from this Agreement shall be brought in Kern County, California. 24. 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. 25. 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, INDEPENDENT CONTRACTOR'S AGREEMENT 5AWM R\KRGSA\A9m\T0DD GmulWater.KRGSA b getO x January 18, 2019 -- Page 7 of 10 Pages -- i ORIGINAL 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. 26. 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. 27. 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. 28. 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. 29. 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. 30. TAX NUMBERS. CONTRACTOR's Federal Tax ID Number '?-748 CONTRACTOR is a corporation? Yes No X (Please check one.) 31. NON-INTEREST. No officer or employee of the KRGSA shall hold any interest in this Agreement (California Government Code section 1090). 32. 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. INDEPENDENT CONTRACTOR'S AGREEMENT S\WA1ER\KRGSA\Ag¢70DD G,ounONal KRGSABudgetDo mN�ary Ie. 2019 AOE ` --Page 8 of 10 Pages -- I Of1iGINAL IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. KRGSA CONTRACTOR KERN RIVER GROUNDWATER TODD GROUNDWATER SUSTAINABILITY AGENCY ///� By: By: ®y[,yG�c - hr •z RODNEY PALLA PHYLLIS STANIN Chairman Vice President l By: BOB SMITH Board Member By: GENE LUNDQUIST Board Member APPROVED AS TO CONTENT: CITY OF BAKERSFIELD WATER BOARD APPROVED AS TO CONTENT: KERN DELTA WATER DISTRI T By: RODNEY PALLA Board President KERN DELTA WATER DISTRICT By: 4 By: BOB SMITH L. MARK MU WAY Water Board Chair General Manager Aeelnond igePP a as ICIIawft rave INDEPENDENT CONTRACTOR'S AGREEMENT 5\WA¢R\KRGSA\AgrsVODDGmuntlrvaln.KRGSP Butlge�DocS mnvtln ia, xais I A�Ft.C'I -- Page 9 of 10 Pages -- )6iGINAL WATER RESOURCES DEPARTMENT By: ART CHIAKELLO Water Resources Manager APPROVED AS TO FORM: VIRGINIA GEN RO City Attorn By V GINIA ENNARO City Attorney COUNTERSIGNED: By: NELSON SMITH Finance Director APPROVED AS TO FORM: By: P� GENE R. McMURTREY Attorneys for Kern Delta Water District APPROVED AS TO CONTENT: IMPROVEMENT DISTRICT 4 By: TED R. PAGE Board President APPROVED AS TO FORM: B AMELIA T. MINAE RIG RAI General Counsel VG/Rl:dll Attachments: Exhibit A - Scope of Work Exhibit B - Proposed Budget Exhibit C - Reimbursement Agreements INDEPENDENT CONTRACTOR'S AGREEMENT S.AWATER\KRGSA\A9m\T00DG—o at""R "`utl`RtDo[a January IS. 4019 -- Page 10 of 10 Pages -- IAC:EtZY CRIGOAL EXHIBIT A 1 A�Et« ' IORZGII AL TODD= GROUNDWATER September 25, 2018 REVISED DRAFT PROPOSAL To: Mark Mulkay, Art Chianello, and David Beard Kern River Groundwater Sustainability Agency (KRGSA) Patty Poire and Terry Erlewine Kern Groundwater Authority (KGA) From: Mike Maley, PG, CHG, Senior Hydrogeologist/ Groundwater Modeler Phyllis Stanin, PG, CHG, Vice President / Principal Geologist Re: Proposal - Projected Water Budgets Developed with C2VSim for the Kern County Subbasin The KRGSA and KGA are cooperating on preparation of Subbasin-wide water budgets for the Kern County Subbasin in compliance with regulations for Groundwater Sustainability Plans (GSPs). Todd Groundwater has been revising the California Central Valley Model (C2VSim) developed by the Department of Water Resources (DWR) to provide a subbasin-wide tool for application to this analysis. The objective of the C2VSim revision is to incorporate local managed water supply and demand data into the model to provide a more accurate simulation of historical groundwater conditions in the Kern County Subbasin. Model runs of the revised C2VSim are currently underway to develop historical and current water budgets for the Kern County Subbasin GSAs. The next step in the water budget analysis is to simulate projected water budgets to assess and support future sustainability for the Subbasin GSPs. The KRGSA and KGA wish to continue the model coordination efforts for development of the projected future water budgets. The analysis would use C2VSim to set up a 50 -year baseline and climate change baselines, with which to assess key GSP management actions. This proposal provides a scope of work for Todd Groundwater to develop these baselines and conduct subbasin-wide water budget modeling for projected future water budgets. Approach for Developing Projected Water Budgets Using C2VSim Development of the projected water budgets will be performed to comply with GSP regulations and best management practices (BMPs), as appropriate. GSP regulations require projected water budgets to estimate future baseline conditions of supply, demand, and aquifer response to GSP implementation (§354.18(3)). Future baseline conditions are developed over a 50 -year planning and implementation horizon. The approach to the baseline development incorporates GSP requirements and also includes the use of: f�� 2490 Mariner Square Loop, Suite 215 Alameda, CA 945011510 747 6920 totltlgrountlwater.com i AGE..IX / �OR12311 AL • 50 years of historical precipitation, evapotranspiration, and streamflow information as the future baseline hydrology condition • recent land use, METRIC -based evapotranspiration, and urban population growth information as the baseline condition for estimating future water demand • recent water supply information as the baseline condition for estimating future surface water supply, while applying the historical surface water supply reliability identified in §354.18(c)(2) • DWR Climate Change Guidance and Data Sets to incorporate the estimated climate change conditions for the Kern County Subbasin • specialized analysis of the Kern Riverwatershed and estimated runoff volumes under climate change conditions, being evaluated in a separate study by the Miller-Haggin Group. We will use the revised C2VSim to support GSP compliance for the projected water budgets. Our preliminary analysis suggests an appropriate baseline period of 1960 to 2010 for the 50 - year historical hydrology. This period will have near average conditions on the Kern River and keep the baseline from ending in either an extreme drought (2012 to 2015) or extreme wet year(2011). The projected water budgets are required to evaluate the proposed GSP implementation plan for the Kern County Subbasin. Our approach includes direct coordination with the KRGSA and the other Kern County Subbasin GSRs to understand and incorporate each agency's estimated future water supply, demand, managed aquifer recharge and groundwater banking activities consistent with the implementation plans in the local GSPs. A key feature of C2VSim is DWR's agricultural and urban water supply and demand management module that dynamically simulates both surface water and groundwater supplies based on demand estimates, as affected by usage and climatic conditions. C2VSim also provides the capability to identify and evaluate of the level of uncertainty in the projected water estimates through a sensitivity analysis of key parameters. Use of these modules, along with a sensitivity analysis, will facilitate the analysis of future conditions. PROPOSED SCOPE OF SERVICES Our proposed scope of services incorporates our approach discussed above and is organized around the GSP regulations for the projected water budgets in Section 354.18(3). Task 1: Projected Baseline Development Projected water budgets are required by GSP regulations to represent future conditions over a 50 -year GSP planning and implementation horizon. A baseline condition will be developed that projects water supply, demand and operations based on current land use requirements over the subsequent 50 years. The baseline then serves as a basis of comparison for evaluating proposed sustainability management actions and projects for achieving sustainability over the planning and implementation horizon. Projected Future Water Budgets Kern County Subbasin GSAS 2 TODD GROUNDWATER i Ar, F.t.�`r iORf'Ir4AL Much of the projected baseline development is prescribed by DWR, which allows this task to be conducted while historical and current water budgets are being finalized; this will assist in expediting the schedule. Key required components for the Projected Future Baseline, as summarized in the DWR Water Budget BMP, include the following: • The projected baseline hydrology condition will be based on 50 -years of historical precipitation and streamflow. As mentioned previously, our anticipated baseline period is 1960 to 2010 to represent near average conditions on the Kern River and prevent the baseline from ending in either an extreme drought (2012 to 2015) or extreme wet year (2011). • Surface water supply will be based on available information from DWR and others to project future water imports from the State Water Project (SWP), Central Valley Project (CVC) - Friant-Kern (FK) and Kern River diversions. It is anticipated that sufficient information will be available by others for imported supply estimates; no original analyses of future imported water supplies are assumed in this scope. For the Kern River, recent diversion practices based on entitlements will be used to develop a water use consistent with the baseline hydrology. • The most recent available land use data, along with the associated water demands, will be used to develop the entire 50 -year simulation period. • Consumptive use for agriculture and undeveloped lands will be based on the recent land use and METRIC -based evapotranspiration. Following DWR guidance, METRIC data over the baseline period will be varied according to varying hydrologic conditions (e.g.., water year type). • Urban water demand will be based on projections from recent urban water management plans and recent regulations for estimating future water use. Urban demand will be estimated in the model based on projected urban population growth and per capita water demand information (including recent regulatory guidance). The results of this compilation will be summarized using tables that put the water budget components into a consistent format to illustrate the potential range of conditions and identify potential data gaps. An assessment of these data will be performed to determine the overall strengths and weaknesses of the different data sources. Task 2: Sustainability Alternatives Screening Analysis In order to provide some guidance to Subbasin GSAs regarding the level of management required to meet sustainability goals, a series of screening -level sensitivity analyses are included in this scope. The analyses will provide information on where and how much increases in supply or decreases in demand would satisfy sustainability criteria being developed by KGA, KRGSA, and others. GSP regulations require that the projected water budgets are developed using a consistent method over the entire Kern County Subbasin to assess the sustainability of proposed groundwater management actions. This screening -level sensitivity analysis will provide a systematic analysis to quantify the relative effectiveness of conceptual management actions, while the GSAs are evaluating their own management options. Projected Future Water Budgets r--� Kern County Subbasin GSAs 3 TODD GROUNDWATER 1 AGF.I«;1 ,ORiGINAL The sensitivity scenarios will be simulated using the projected future baseline and will evaluate several basin -wide conceptual categories that would include the following: • Alternatives for changing future groundwater supply such as increased managed aquifer recharge, groundwater banking, urban water supply and/or surface water reliability • Alternatives for changing future groundwater demand such asagricultural use, urban demand, and/or water conservation measures. Task 2 will evaluate these conceptual groundwater management alternatives uniformly over the area; however, results can be used to identify areas for targeted management by local GSAs. Results from the sensitivity analysis can be developed by separate GSAs or hydrologic zones. The sensitivity analysis will also help to quantify uncertainty associated with the simulation of major categories of potential alternatives to achieve long-term sustainability over time as required by DWR. With these results, local GSAs will have preliminary model results of how potential management actions would be anticipated to perform to help guide their decision making when developing individual management actions. The results of the sensitivity analysis will be presented at a joint workshop and provided to each of the Kern County Subbasin GSAs (see Task B). Task 3: Climate Change Baseline Development Projected water budgets are required to evaluate the potential effects of climate change with respect to achieving sustainability. For this purpose, DWR has issued the Guidancefor Climate Change Data Use During Sustainability Plan Development Guidance Document that outlines how DWR recommends that climate change be assessed under SGMA. Following this guidance, we will incorporate the DWR data sets for climate change into C2VSim for Kern County. For Task 3, we will modify the Projected baseline conditions following DWR guidance and using climate change data sets. DWR requires that the climate change is applied to the Projected Baseline Condition based a 50 -year historical record that is representative of the range of seasonal and annual climatic variability. DWR has provided two climate change data sets. These include: • Water budget representing projected 2030 climate conditions to evaluate projects and actions that will evaluate sustainability under the "short-term" future conditions compared to baseline conditions. • Water budget representing conditions at 2070 climate conditions to show that sustainability, will be maintained into the planning and implementation horizon even with reductions in natural hydrology (i.e., "long-term" future conditions), within 50 years after GSP approval. To assist with the development of the Climate Change baseline, it is our understanding that the Miller-Haggin Group has retained GEI Consultants to conduct a Kern River watershed analysis following DWR guidance for climate change. In brief, that analysis will consider Projected Future Water Budgets Kern County Subbasin GSAs 4 TODD GROUNDWATER � Af FIw'1 �OREGINAL reduced runoff in each of the sub -watersheds contributing to the Kern River and develop revised streamflow, estimates at First Point. These estimates will be used to reduce Kern River water diversions from baseline conditions. The results of the Climate Change Baselines will be compared to the historically -based baseline to assess the potential effects of climate change on the Kern County Subbasin. The climate -change baseline water budgets will be used for evaluating projected management actions and projects to achieve sustainability in the Kern County Subbasin. Task 4: Projected Future Sustainability Assessment For Task 4, the projected management actions and projects are added to the baseline conditions to assess the effectiveness of these measures in achieving sustainability goals over the required planning horizon. We anticipate that Task 4 will provide a means to test and verify different types and levels of management actions and projects. To evaluate future sustainability, different scenarios will be developed based on input from Kern County Subbasin GSAs of the elements of their proposed groundwater sustainability plans. We will develop a data request to provide guidance to local agencies of the types of data we need for the Projected Future Scenarios. The data request will focus on planned projects and managed water supply information. We will compile and review the data provided by local agencies to identify missing or incomplete water budget components. Based on this information we will develop scenarios that contain management actions develop by the GSAs. The analysis can proceed in an iterative manner with management actions added to areas if preliminary results suggest that sustainability goals are be maintained. Various model scenarios will be developed by adding, removing, or revising various management actions. It is assumed that KGA will provide direction on how management actions should be revised for each scenario based on our presentation of simulation results of each scenario. Due to schedule constraints, we assume that this sustainability assessment will be limited to five (5) different subbasin scenarios. To further expedite the process, we propose that all scenarios for Task 4 will be based on the 2030 Climate Change Baseline Conditions. This limited number of scenarios does not allow for a separate analysis to be run for an individual GSP or water district to analyze their local management actions and projects. Rather, GSP elements will be combined to evaluate actions on a subbasin basis. Task 4 results will provide projected future water budgets that will include the change in the volume of water stored. The results of the Projected Future Sustainability Assessment will be presented at a workshop (see Task 8). Results will be reported in tabular and graphical form and provided to each of the Kern County Subbasin GSAs. Task 5: Preferred Alternative Scenario and Assessment Based on the results of Task 4, a Preferred Alternative will be selected that will include the final sustainability management actions and projects that will be included in the Kern County GSPs. The Preferred Alterative will be run using with all three baseline conditions (historically - based, 2030 Climate -Change and 2070 Climate -Change). Projected Future Water Budgets !- Kern County Subbasin GSAs 5 TODD GROUNDWATER FACE[ Xl ��F�IG(ivAL The results of the Projected Future Sustainability Assessment will be presented at a workshop (see Task 8). The results of the Preferred Alternative will be processed to meet the ESP reporting requirements from the SGMA requirements and DW R guidelines. Summary results in tabular and graphical form and provided to each of the Kern County Subbasin GSAs for inclusion in the GSPS. More detailed results will be developed that will be documented in the Task 6 Technical Report. Task 6: Technical Report A technical report will be developed that documents the work performed for this scope of work. The technical report will provide the technical basis for setting up the baseline, documenting the model results, and developing the projected water budgets. The modeling results and water budgets produced for the Technical Report will be consistent with DWR's SGMA guidelines and BMPs. It is anticipated that this report will provide sufficient compliance for all GSAs in the subbasin for the GSP requirements of current and historical water budgets. The following subtasks are included in Task 5. For costing purposes, we assume that the draft technical report will require two draft versions. An Administrative Draft Technical Report will be prepared for stakeholder review and comments. Comments will be incorporated into a Draft Technical Report. Electronic submittal is assumed for both versions. The Final Technical Report will address final comments and will be submitted to the GSAS for GSP supporting documentation. For costing purposes, we assume FedEx delivery of 10 hard copies for the Final Technical Report. Task 7: Project Coordination and Communication This task covers project coordination with the client throughout the project. Coordination will include project planning, on-going communications and project status updates. We assume that communication during the project will be conducted via emails, telephone and/or web meetings, if needed. Project workshops are presented in Task 8. Todd Groundwater will track schedule and budget monthly and track document requirements for the GSP. Invoices will clearly show team members, hours, costs, and progress on project tasks. A monthly progress report will be prepared for each invoice showing progress made during the month, next steps for the following billing cycle, and status of both schedule and budget. Task 8: Projected Water Budget Workshops Several project updates (via conference call) and three workshops are included in the scope of work over the duration of the project to keep KRGSA and other Kern County Subbasin GSAS up-to-date on the modeling process. We believe that this effort will support the overall transparency of the modeling efforts and help to achieve acceptance of the results to keep the GSPs on schedule to meet GSP deadlines. Workshops are planned to summarize the results near the completion of the following tasks. • Task 1 and 2 Results Projected Future Water Budgets t Kern County Subbasin GSAs 6 TODD GROUNDWATER �UfiiGIPJAL Task 3 and 4 Results Task 5 Results The Task 5 workshop meeting is planned to present the methods, procedures and results used for developing the Kern County Subbasin projected water budgets to the local agencies and GSAs, and to discuss issues and concerns about the process. Feedback from the group will be used to improve and refine the water budgets. COST ESTIMATE AND SCHEDULE A cost estimate summary is provided at the end of this text in Table 1 with a more detailed cost estimate following in Table 2. Todd Groundwater has an existing scope and budget for developing GSP projected water budgets for the KRGSA, which provides additional funding for this total project. Table 1 shows the cost estimate for expanding Tasks 1 through 8 throughout the subbasin, the addition of the current KRGSA budget, and the total project costs. As summarized on Table 1, the subbasin water budget analysis, less the amount budgeted to KRGSA, is estimated to total $241,385 Costs include labor, fees, subconsultants and expenses for each project task. The Todd Groundwater Team can initiate the project upon receipt of the notice -to -proceed and complete the project to meet the GSP deadline of January 31, 2020. Our proposed schedule is provided by task in Table 3 and is consistent with the proposed KGA schedule. Proposed workshop meetings are shown as diamonds. With this aggressive schedule, time is of the essence. The schedule assumes close coordination and cooperation with the Subbasin GSAs to meet this schedule. In order to expedite the work, Todd Groundwater is retaining Dr. Charlie Brush, Ph.D., PE through his modeling consulting firm, Hydrolytics, LLC. Dr. Brush has 20 -years of experience developing groundwater models and was one of the original developers of C2VSim at DWR. He has prepared four reports documenting C2VSim, authored peer-reviewed journal articles on the model, and led workshops on IWFM/C2VSim. He brings unparalleled expertise to this project and has already been working closely with DWR on the details of new climate change requirements. Projected Future Water Budgets EONCY Kern County Subbasin GSAs 7 TODD GROUNDWATER TABLE 1—Projected Water Budget Cost Estimate Summary Estimate KRGSA Budget Estimate Task 1: Projected Baseline $30,324 $18,278 $48,802 Development Task 2: Sustainability Alternatives $27,605 $1,295 $28,900 Screening Analysis Task 3: Climate Change Baseline $28,024 $22,073 $50,097 Development Task 4: Projected Future $32,909 $25,786 $58,695 Sustainability Assessment Task S: Preferred Alternative $21,958 $1,326 $23,284 Scenario and Assessment Task 6: Technical Report $64,198 $15,000 $79,196 Task 7: Project Coordination and $14746 $1,795 $16,541 Communication Task 8: Projected Water Budget $21,621 $8,830 $30,451 Workshops TOTAL $241,385 $94,383 $335,768 Projected Future Water Budgets Kern County Subbasin GSAs a TODD GROUNDWATER il JORONAL Table 2: Projeoted Water Budgets Dovetailed with C2Vgfm Todd Groundwater for Kern County gubbasin GBRp - Budget .IOBeu�vnM-:�auxn� Onw— owt,ke— use IAcewc< �URiG17�A1 m + BW M ypC Nv "I a- redO•W:H xrymNem E•pnu Sm nip Menm 3100 hee W 0 WIH 1 w f6 16 T3 ! fia 3 pl 'i i__ Y 31 Bw.W 3 LN WWntlIb PHwrn 13 BB 3]NoI, .,.i 169 �s m s - 31tl Y __. 3 n6M { _- 31 W] f3 W:-cr-w. •eke 0. A tl t NY - t BN iM q•su lawn WaHMy • B_ R 16 31 w 3 u0 { ]W,t It. i - Yat,B1ge.W 3__ 8.969 iW PMnvlw•Bvnaro 331 T...an, 3 a. 3 Ol 1 1. t nPg00ft wrwnN 3 .ID.3 3{ an 1 1 Y ra! LW B:PrgmY VYw W9w 96 3I.. I 3 3W SBL 3 f w 3 Y e s i IAcewc< �URiG17�A1 Table 3: Projected Water Budgets Bevelaped with C]VSim Todd Groundwater for Kern Countv Subbasin Gilds - Project Schedule Xaq Mpn GUM Subw",C meWeeno Jeb M.np .; OAea B ntl Su wn:a GMaaur GNM w Der N M: SSNe ob L e:Pmy[bJLrIIn TIlk 2: .sbnMsa.M.u... u».nMym.iwe 2020 P. Lye FeE W� 17, M Mry A» aM Oe _ ».e. cwiy. w»b»L»i»•.n. _ _ u Lu.: I. yrehmFWms»bliuWMYexumm » x na.»a uue.Mw e»bw w A....MMi L .L y»aMc»»bw» b '' * '.. +y 1 7 APer:Cv ORiGIPiAL EXHIBIT B u Q 0 i AGF.r:CY �pRif;lPiAL w o ao M m m n a n m a n ry m lIl I� W Q ri N w m m F j N m m OJ N M rl 'I Q m M Q n mC n o mcr n Q y ei ei N f O m of N m Q n� n a n ry Y r'� N F C 00 �p O 10 IC O n c m o V V ti 6 00 0� v m o w m c o m o m 1° n a ry m Q 1n Q N a `w E C V_ W E m � V m O Q � w L � 0 � J 3 3 3 N o m Z 3 f0 2 Y Y O i AGF.r:CY �pRif;lPiAL EXHIBIT C KRGSA 18-005 October 29, 2018 James Nickel, President c/o Olcese Water District P.O. Box 60679 Bakersfield, CA 93386 Re: Reimbursement Agreement for Projected Water Budgets Developed with the C2V Sim Groundwater Model for the Kern County Sub -basin Dear Mr. Mullins: The Kern River Groundwater Sustainability Agency (Kern River GSA) and the Olcese Water District (OWD) are currently participating in the Kern GSA's groundwater modeling effort referred to as the Todd Groundwater Model of the Kern Sub -basin (Model). Todd Groundwater is using the Department of Water Resources (DWR) C2VSim Model to develop the Kern Sub - basin Water Budget. The Kern River GSA and OWD wish to continue Model coordination efforts to simulate projected water budgets to assess and support future sustainability for Groundwater Sustainability Plans being developed within the Kern Sub -basin. Todd Groundwater's proposal to set up a 50 -year baseline and climate change baselines is provided as Attachment 1. All parties agree to cost share this effort according to following terms and conditions: 1. The participant signatories below will pay their share of the proposed budget of $335,768 as shown on Attachment 2 for the Todd Groundwater proposal dated September 25, 2018. 2. All payments shall be due 45 days after the receipt of invoice from the City of Bakersfield. 3. It is understood that the proposed budget is an estimate only. If costs for the projected water budget development modeling effort increase more than ten (10) percent over the proposed budget, the increase must be approved by the OWD. Costs above the initial proposed budget will be paid in the same percentages in the attached table, unless otherwise agreed. iI- 1 AOFUC7 i ACEI:& Y� OE?iGIPIAL ORIGIN t—_—' 4. Costs will be reconciled at the end of the project and refunds or additional payments will be due 45 days after the final accounting. If the above terms and conditions are acceptable, please sign and date all copies of this letter and return them to the Kern River GSA. A fully executed original will be returned to the OWD. Sincerely,Accepted: Olcese Water District Rodney Palls. Chairman Title.,'=as L, 1'IIoW. Pr851dARt Date: ORiG!iJAL ORIGINAL __J KRGSA 18-006 October 29, 2018 Tim Ashlock c/o Buena Vista Water Storage District P.O. Box 756 Buttonwillow, CA 93206 Re: Reimbursement Agreement for Projected Water Budgets Developed with the C2VSim Groundwater Model for the Kern County Sub -basin Dear Mr. to&1lirts A5 t Iv& The Kem River Groundwater Sustainability Agency (Kem River GSA) and the Buena Vista Water Storage District (BV W SD) are currently participating in the Kem GSA's groundwater modeling effort referred to as the Todd Groundwater Model of the Kem Sub -basin (Model). Todd Groundwater is using the Department of Water Resources (DWR) C2VSim Model to develop the Kern Sub -basin Water Budget. The Kem River GSA and BV WSD wish to continue Model coordination efforts to simulate projected water budgets to assess and support future sustainability for Groundwater Sustainability Plans being developed within the Kem Sub -basin. Todd Groundwater's proposal to set up a 50 -year baseline and climate change baselines is provided as Attachment 1. All parties agree to cost share this effort according to following terms and conditions: 1. The participant signatories below will pay their share of the proposed budget of $335,768 as shown on Attachment 2 for the Todd Groundwater proposal dated September 25, 2018. 2. All payments shall be due 45 days after the receipt of invoice from the City of Bakersfield. 3. It is understood that the proposed budget is an estimate only. If costs for the projected water budget development modeling effort increase more than ten (10) percent over the proposed budget, the increase must be approved by the BV WSD. Costs above the initial proposed budget will be paid in the same percentages in the attached table, unless otherwise agreed. I AGENCY a AGF. 3Y ORIGINAL � �ORIGINALh L, _ __J 4. Costs will be reconciled at the end of the project and refunds or additional payments will be due 45 days after the final accounting. If the above terms and conditions are acceptable, please sign and date all copies of this letter and return them to the Kern River GSA. A fully executed original will be returned to the BV WSD. Sincerely, Accepted: Buena Vista Water Storage District Rodney Palla Chairman By:��� Tom. ASL.lscl- Title:�.,•:.�—/11c..,�ce- Date: I O-31- tS iORIGINAL tOt IGIHAL KRGSA 18-007 October 29, 2018 Max Bricker c/o Henry Miller Water District P.O. Box 9759 Bakersfield, CA 93389 Re: Reimbursement Agreement for Projected Water Budgets Developed with the C2VSim Groundwater Model for the Kern County Sub -basin Dear Mr. Mullins: The Kern River Groundwater Sustainability Agency (Kern River GSA) and the Henry Miller Water District (HMWD) are currently participating in the Kern GSA's groundwater modeling effort referred to as the Todd Groundwater Model of the Kern Sub -basin (Model). Todd Groundwater is using the Department of Water Resources (DWR) C2VSim Model to develop the Kern Sub -basin Water Budget. The Kern River GSA and HMWD wish to continue Model coordination efforts to simulate projected water budgets to assess and support future sustainability for Groundwater Sustainability Plans being developed within the Kern Sub -basin. Todd Groundwater's proposal to set up a 50 -year baseline and climate change baselines is provided as Attachment 1. All parties agree to cost share this effort according to following terms and conditions: 1. The participant signatories below will pay their share of the proposed budget of $335,768 as shown on Attachment 2 for the Todd Groundwater proposal dated September 25, 2018. 2. All payments shall be due 45 days after the receipt of invoice from the City of Bakersfield. 3. It is understood that the proposed budget is an estimate only. If costs for the projected water budget development modeling effort increase more than ten (10) percent over the proposed budget, the increase must be approved by the HMWD. Costs above the initial proposed budget will be paid in the same percentages in the attached table, unless otherwise agreed. ACS j 4. Costs will be reconciled at the end of the project and refunds or additional payments will be due 45 days after the final accounting. If the above terms and conditions are acceptable, please sign and date all copies of this letter and return them to the Kern River GSA. A fully executed original will be returned to the HMWD. Sincerer Rodney Palls, Chairman Accepted: Henry Miller Water District AGEJ-3- � , i ZEN G ORIGINAL f KRGSA 18-008 October 29, 2018 Dennis Mullins, Board President c/o Kern Groundwater Authority 1800 301h Street Suite 280 Bakersfield, CA 93301 Re: Reimbursement Agreement for Projected Water Budgets Developed with the C2VSim Groundwater Model for the Kern County Sub -basin Dear Mr. Mullins: The Kern River Groundwater Sustainability Agency (Kern River GSA) and the Kern Groundwater Authority (KGA) are currently participating in the Kern GSA's groundwater modeling effort referred to as the Todd Groundwater Model of the Kern Sub -basin (Model). Todd Groundwater is using the Department of Water Resources (DWR) C2VSirn Model to develop the Kern Sub -basin Water Budget. The Kern River GSA and KGA wish to continue Model coordination efforts to simulate projected water budgets to assess and support future sustainability for Groundwater Sustainability Plans being developed within the Kern Sub -basin. Todd Groundwater's proposal to set up a 50 -year baseline and climate change baselines is provided as Attachment 1. All parties agree to cost share this effort according to following terms and conditions: 1. The participant signatories below will pay their share of the proposed budget of $335,768 as shown on Attachment 2 for the Todd Groundwater proposal dated September 25, 2018. 2. All payments shall be due 45 days after the receipt of invoice from the City of Bakersfield. 3. It is understood that the proposed budget is an estimate only. If costs for the projected water budget development modeling effort increase more than ten (10) percent over the proposed budget, the increase must be approved by the KGA. Costs above the initial proposed budget will be paid in the same percentages in the attached table, unless otherwise agreed. A( Ft ^Y i AGENCY iORI(;I�tAL ORIGINAL 4. Costs will be reconciled at the end of the project and refunds or additional payments will be due 45 days after the final accounting. If the above terms and conditions are acceptable, please sign and date all copies of this letter and return them to the Kern River GSA. A fully executed original will be returned to the KGA. Sincerely,i7 Accepted: Kern Groundwater Authority Rodney Palla Chairman 0--/440-1 By: � Title:� Date: I�J ' AOE1Zy OR'( I?iAL oRiGINAL