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
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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
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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
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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
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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
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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
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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
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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
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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
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INDEPENDENT CONTRACTOR'S AGREEMENT
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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
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EXHIBIT A
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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:
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• 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
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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
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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
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Table 2: Projeoted Water Budgets Dovetailed with C2Vgfm Todd Groundwater
for Kern County gubbasin GBRp - Budget
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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