HomeMy WebLinkAboutAGRMT NO KRGSA16-002(3)AGREEMENT NO. KRGSA 16-002(3)
AMENDMENT NO. THREE (3) TO
AGREEMENT NO. KRGSA 16-002
THIS AMENDMENT NO. THREE (3) TO AGREEMENT NO. KRGSA 16-002 is
made and entered into on APR - L 2019 , by and between the KERN RIVER
GROUNDWATER SUSTAINABILITY AGENCY (referred to herein as "KRGSA"), and
TODD GROUNDWATER, a small business enterprise (referred to herein as
"CONTRACTOR"). Each party may be referred to individually as a "Party" and
collectively as the "Parties."
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") as outlined in
a "Scope of Work 1 "; 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 referred to as "Scope of Work 2" and also agreed to provide for
additional compensation above the original compensation to perform Scope of
Work 2; and
WHEREAS, on September 6, 2018 the parties entered into Amendment No.
Two (2) to Agreement No. KRGSA 16-002, to provide additional compensation to
address coordination with the KGA (task 7 in the original proposal), budget
overages on technical analyses (tasks 1 and 2 in the original proposal) and
future costs for GSP development, such as analysis of climate change scenario
now being required by DWR (task 5 in the original proposal); and
WHEREAS, the parties desire to Amend Agreement No. 16-002 again to
add additional compensation to cover tasks associated with Scope of Work 1;
preparing a Groundwater Sustainability Plan (GSP) as reference in Exhibit A of
original Agreement KRGSA 16-002; and
WHEREAS, the additional compensation is needed to address remaining
analysis and studies to complete the GSP as outlined in EXHIBIT "D",
incorporated herein; and
Amendment 3 to Agreement No. KRGSA 16 W2
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Moron 27, 2019
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WHEREAS, KRGSA and Contractor have agreed to additional
compensation of One Hundred Seventy -Three Thousand, Twenty -Nine Dollars
($173,029) to complete GSP tasks (Scope One Work) as shown in Exhibit C.
NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and
CONTRACTOR mutually agree to amend Agreement No. KRGSA 16-002 as
follows:
1. Section 1 of Agreement No. KRGSA 16-002 entitled "Scope of Work"
is hereby amended to read as follows:
1. SCOPE OF WORK. The scope of work is described
as: assisting the KRGSA in developing and
implementing a strategic approach to comply with the
SGMA and as further described in Exhibit "A" and
Exhibit "B,", and Exhibit "C" attached and incorporated
to Agreement No. KRGSA 16-002 and Amendments 1
and 2, and Exhibit "D" attached hereto and
incorporated by reference herein. The scope of work
shall include all items and procedures necessary to
properly complete the task CONTRACTOR has been
hired to perform, whether specifically included in the
scope of work or not.
2. Section 2 of Agreement No. KRGSA 16-002 entitled "Compensation"
is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work,
services or products called for under this Agreement
shall consist of a total payment not to exceed Three
Hundred Sixty Thousand Dollars ($360,000) to perform
Scope of Work 1, Four Hundred Thirty -One Thousand
Nine Hundred Fifty Seven Dollars ($431,957) to perform
Scope of Work 2, One Hundred Ninety Thousand Dollars
($190,000) to perform the additional Task work
described in Amendment 2, and $173,029 to perform
additional tasks described herein, for a total amount
not to exceed One Million One Hundred Fifty Four
Thousand Nine Hundred Eighty Six Dollars ($1,154,986).
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.
Amendment 3 to Agreement No. KRGSA 16-002
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3. Except as amended herein, all other provisions of Agreement No.
KRGSA 16-002 shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment
No. Three (3) to Agreement No. KRGSA 16-002 to be executed the day and year
first above Written.
KRGSA
KERN RIVER GROUNDWATER
SUSTAINABILITY AGE
By:
RODNEY PALLA
Chairman
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
By: -
ART CHIANELLO
Water Resources Manager
APPROVED AS TO FORM:
VIRGINIA GE RO
City Attorn
By
VI INIA G NARO
City Attorney
COUNTERSIGNED:
By:
NELSO SMITH
Finance Director
VGtlllvlg
Attachment: Exhibit D
CONTRACTOR
TODD GROUNDWATER
By: 9.1,e
PHYLLIS STANIN
Vice President
KERN DELTA WATER DISTRICT
BY M c
L. MARK MULKA
General Manager
APPROVED AS TO FORM:
ROBERT HARTSOCK
Attorneys for Kern Delta Water
District
APP OVER AS TO FORM:
By:
AMELIA T. MINABRRI ARAI
General Counsel
Amendment 3 to Agreement No. KRGSA 16002
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TODD=
GROUNDWATER
February 27, 2019
MEMORANDUM
To: Kern River Groundwater Sustainability Agency (KRGSA)
Art Chianello, David Beard, and Mark Mulkay
From: Phyllis Stanin
Re: Request for Budget Amendment
Preparation of the Groundwater Sustainability Plan (GSP)
The Kern River Groundwater Sustainability Agency (KRGSA) is entering the final stage of GSP
development in 2019 and significant work remains to be accomplished in a relatively short
timeframe. As drafts of the first three chapters of the GSP are being completed for review
over the next few weeks (Administrative Information, Plan Area, and Basin Setting), analyses
of both sustainability criteria and management actions/projects are progressing. These tasks
are critical to the projected future water budget modeling that is already underway.
In a recent working session, GSP managers and Todd Groundwater developed a plan for
completing these analyses. We will be working closely with each manager to incorporate
agency -specific details. Several working sessions are already scheduled for early March.
In order to complete these analyses and the GSP document, Todd Groundwater is
requesting an amendment to our current budget. As of March 1, we have about $100,000
remaining in our GSP budget, almost all of which is now dedicated to the Subbasin modeling
of projected future water budgets. This amendment request is needed to complete the
sustainability criteria analysis, conduct sufficient analyses of projects and management
actions to provide them to the modeling team, and to cover the coordination and
development of the GSP document.
1 NEED FOR BUDGET AMENDMENT
When the original scope of services for the GSP was developed in 2016, the Kern County
Subbasin modeling process was not known. Our original modeling scope did not envision a
basin -wide model for evaluation of management scenarios. In late 2018, DWR published
additional guidance for this process, which was incorporated into our modeling scope of
work approved over the last few months. Our remaining budget was allocated to the
development and evaluation of management actions—this budget that has now been
dedicated to the protected future water budget modeling, vet additional GSP analyses and
tasks must also be completed.
2490 Mariner Square Loop, Suite 215 1 Alameda, CA 94501 1 510 747 6920 1 toddgroundwater.com
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We have identified a need for additional analysis of management actions. The model
baseline development will necessarily include different water supply projections than
previously understood and the GSP must address these changes. Specifically, the lower
projections of imported water by DWR and the decreases in river flow from the climate
change analysis will create a need for additional projects and management actions in the
KRGSA. Details of these projects will need to be sufficiently developed for modeling
purposes and the analysis needs to be completed in a short amount of time.
As the managers are aware, the historical water budget analysis warranted a larger level of
effort than envisioned in mid -2018. Water recharged inside the KRGSA on behalf of others
required quantification; similarly, water banked outside of the KRGSA on behalf of member
agencies also required investigation. Monthly analysis has now been completed of all
inflows and outflows over a 20 -year study period for the large KRGSA area, including the
ownership of banked water, and is being compared to final results from the numerical
model. Although now complete, the budget for this task was exceeded.
The previously developed GSP sections for the hvdrogeologic conceptual model and
groundwater conditions have required ongoing modification to be consistent with
information being developed by others. For example, recent input from Chevron on exempt
aquifers requires revisions to the basin analysis in the KRGSA. Input from other water
purveyors, including Cal Water, have identified the need for additional sustainability
analyses. In addition, figures and analyses require modification to incorporate the new
KRGSA boundary revisions. Revisions to the KRGSA boundary and recent changes associated
with County lands also affect the definition and delineation of the KRGSA Plan Area as
defined by GSP regulations. All these activities (among others) have required numerous
revisions to the early sections of the Administrative Draft GSP.
2 ADDITIONAL SCOPE OF SERVICES
2.1 Complete Sustainability Criteria Analysis
Our current scope included a limited budget for analysis of the five sustainability indicators
for the KRGSA and selections of reasonable minimum thresholds for each. Preliminary
analyses indicate the need for differing thresholds to accommodate banking, municipal well
operations, areas of subsidence, and groundwater quality. Thresholds must be developed
for each of the three Management Areas and coordinated such that high thresholds in one
area can be achieved while low thresholds elsewhere can be accommodated. The definition
of undesirable results must also work within the construct of the previously -approved
definitions of undesirable results developed for the entire Subbasin. The technical approach
for selection of minimum thresholds in each Management Area was reviewed with the
KRGSA Managers at a meeting in February 2019. Additional work is now needed to finalize
draft minimum thresholds including review of banking CEQA documents and data, review of
municipal well construction with respect to historic low water levels, correlation of water
levels to water quality concerns, and assessment of potential actions that could achieve
higher minimum threshold values. Based on the anticipated level of effort needed to
complete the analysis, we request $22,355 for completion of this task.
Budget Amendment
Request/KRGSA GSP 2 TODD GROUNDWATER
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2.2 Evaluate Interconnected Surface Water and Environmental Uses
In October 2018, The Nature Conservancy (TNC) provided recommendations to KRGSA
managers for incorporating environmental uses of surface water into our GSP. Data
provided from TNC included local freshwater species in the Kern River, field descriptions,
and vegetation/wetlands maps. Vegetation maps (developed by DWR and TNC and referred
to as Natural Communities Commonly Associated with Groundwater) have suggested areas
where ecosystems may be dependent on groundwater (GDEs). These maps identify
vegetation areas along the Kern River corridor and clusters of parcels in about 20 separate
areas south of the Kern River throughout Kern Delta Water District.
For this task, we propose a focused analysis of local groundwater conditions and depth for
each of the mapped areas, including local hydrographs where available. We note that the
vegetation maps and ecological data were developed without reference to Kern River
management or depth to the water table along the river. Accordingly, the maps do not
necessarily represent interconnected surface water as defined by SGMA. If needed, Todd
Groundwater's Senior Hydrologist can lend specialized expertise in groundwater/surface
water interaction to this analysis; he has been conducting similar analyses for other ongoing
GSPs. Based on the anticipated level of effort, we request $15,245 for this new task.
2.3 Identify Management Actions and Provide Details for Modeling
Projects to optimize conjunctive use of surface water and groundwater have been identified
by KRGSA managers to support the Sustainability Goal. We are working with the City to
identify areas and amounts where optimized recharge could benefit operation of municipal
wells and water quality. Recent operational changes by KDWD will also contribute to the
KRGSA Sustainability Goal. ID4 is developing strategies to ensure water supply at its water
purification plant and provision of water supply to KRGSA agencies. We also need to
coordinate with other water purveyors and agencies in the KRGSA for a complete
accounting of management actions. Recent conversations with both East Niles Community
Services District and California Water Service Company identified ongoing management
strategies to incorporate into the GSP. In addition, banking operations at Berrenda Mesa
need to be coordinated with adjacent banking areas by the City and others. Based on our
current understanding of projects and actions, we request $42,432 for this task.
2.4 Prepare GSP Implementation Plan and GSP Document
We are concurrently preparing GSP sections while other analyses are ongoing. This is
necessary to meet the expedited schedule of the Su bbasin. Considering the additional
information to be assimilated, analyses to be conducted, and coordination among
organizations noted above, preparation of the GSP document and Implementation Plan is
more complex and detailed than initially recognized. We will work with KRGSA managers on
a schedule of deliverables to allow the KRGSA Managers and Board time for review and
consideration as well as time for coordination with others. For Draft and Final documents
of the GSP and Implementation Plan, we request $68,040 for this task.
Budget Amendment
Request /KRGSA GSP 3 TODD GROUNDWATER
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2.5 Additional Coordination with KGA and Adjacent GSAs
Finally, there is a continuing need for meetings, conference calls, document revisions, and
other coordination steps with the KGA and others to make sure that all Subbasin GSPS being
developed are sufficiently consistent and comply with GSP regulations for coordination.
Based on recent levels of effort required, we request $24,957 for this task.
3 BUDGET AMENDMENT SUMMARY
The table below presents the total budget amendment request of $173,029 on a task basis
and summarizes the need for each request as described above.
(Section 2.1 above) thresholds including water quality concerns for
municipal wells. Select appropriate monitoring $22.355
locations for thresholds.
Evaluate Interconnected New task reviewing vegetation mapping
Surface Water (Section provided by DAR in 2018 and considering $15,245
2.2 above) recommendations by TNC. '..
Management Actions
Select projects and actions based on input from
(Section 2.3 above)
KRGSA agencies and develop details to provide
$42,432
to Subbasin modeling team for future projected
water budgets.,
GSP Implementation
New task to develop required Implementation
Plan and Document
Plan. Incorporate tasks on Administrative Draft
(Section 2.4 above)
sections and prepare Draft and Final GSP
$68,040
document.
Additional Coordination
'�. Develop Management Projects and Actions
with others (Section2.5
$24,957
above)
TOTAL BUDGET AMENDMENT REQUEST:
$173,029
This budget amendment will supplement the current remaining amount of Todd
Groundwater budget that has been now dedicated to the project water budget modeling
and willprovide a path forward to complete the GSP process. The draft GSP document will
need to be completed by early summer to allow KRGSA comments, public review, and
coordination with others. We are committed to meeting that goal.
Budget Amendment
Request /KRGSA GSP 4 TODD GROUNDWATER
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