Board Meeting
February
AGENDA
NORTH KERN WATER STORAGE DISTRICT
BOARD OF DIRECTORS
REGULAR MEETING
Due to the rise in severity of COVID-19 and consistent with Executive Order N-29-20 suspending provisions of the Brown Act to allow for public meetings to be conducted remotely, the North Kern Water Storage District will hold its regular Board of Directors meeting by teleconference. There will be no meeting site open to the public. Public participation is encouraged using the teleconference information referenced below.
Microsoft Teams Link:
Join Microsoft Teams Meeting +1 619‐494‐2904 United States, San Diego (Toll)
(877) 567‐8582 United States (Toll‐free) Conference ID: 252 085 080#
Tuesday, February 16, 2021 - 7:00 a.m.
CALL TO ORDER PUBLIC COMMENT
1. Board Meeting Minutes
A. Approve Minutes of January 19, 2021 Regular Board Meeting B. Approve Minutes of February 8, 2021 Special Board Meeting
2. General Informational Items A. District Coronavirus/Covid-19 Operations* B. Kern River Watermaster Report C. District Groundwater Levels D. PGE Monthly Analysis* E. District Exchange Balances F. Operations Report
3. Financial Matters
A. Approve Treasurer's Report 1. NKWSD 2. RRID
B. Monthly Financial Statements C. Water Sales D. Accounts Receivable E. Approve Accounts Payable
4. Consulting District Engineer
A. Poso Creek RWMG* B. Status of Grants* C. Irrigated Lands Regulatory Program/CV-Salts* D. Rosedale Ranch ID* E. Project Highlight*
5. Budget and Personnel Committee A. Adopt District Publicly Available Pay Schedule 6. Engineering Committee A. Approve Landowner Well Transportation Agreement B. Approve Task Order with GEI Consultants for WDI Phase 3 C. Ratify First Amendment to Dirt Excavation Agreement with California Rail Builders for
the High-Speed Rail CP-4 Project D. District Participation in Landowner Subsurface Groundwater Recharge Systems*
7. Groundwater Committee A. Kern Groundwater Authority* 8. Produced Water Ad Hoc Committee* 9. Negotiating Committee*
10. Counsel of District 11. Rosedale Ranch Improvement District* 12. General Manager's Report*
OTHER BUSINESS
13. Closed Session Matters:
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Govt. Code Section 54956.9(a))
(i) North Kern Water Storage District v. City of Bakersfield
(VCSC #56-2011-00408712-CU-CO-VTA) (ii) Appeal of Regional Board General Order (R5-2013-0120) for Tulare Lake Basin
to State Water Resources Control Board (re. Irrigated Lands Regulatory Program)
B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Govt. Code Section 54956.9(b))
C. PERSONNEL MATTERS
(Govt. Code Section 54957)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Section 54956.8)—use of District and landowner facilities for various potential water management programs; negotiator, Richard Diamond
14. Adjournment
*Oral report to be provided at the meeting.
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 1A
BOARD OF DIRECTORS North Kern Water Storage District
Minutes of the Meeting of January 19, 2020 A Meeting of the Board of Directors of North Kern Water Storage District was held via teleconference (due to the rise in severity of COVID-19 and consistent with Executive Order N-29-20 suspending provisions of the Brown Act) starting at 7:00 a.m., on January 19, 2020. President Andrew declared a quorum was present and called the meeting to order. The following Directors were present: Kevin Andrew, Carole Fornoff, Joel Ackerknecht and Winn Glende. Others present: Richard Diamond (General Manager), Ram Venkatesan (Deputy General Manager), Marinelle Duarosan (Controller), Angel Ventura (Staff Engineer), Heather Williams (Operations Superintendent) and Jasmin Solorio (Dispatcher) of North Kern Water Storage District, Scott Kuney and Brett Stroud (District Counsel - Young Wooldridge), Stephanie Hearn, (GEI – Consulting Engineer), Guest present Robert Holtermann, John Gaugel, Jeff Iniguez and Leta Spencer.
President Andrew called the meeting to order at 7:04 a.m. General Manager Diamond indicated that an urgent matter had arising and it was necessary for the Board to go into Closed Session immediately. General Manager Diamond further indicated that the Board would reconvene in Open Session at 8:00 a.m. The President publicly stated that the legal authorities for holding Closed Session at today’s Board Meeting are the following sections of the California Government Code:
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Govt. Code Section 54956.9(a))
(i) North Kern Water Storage District v. City of Bakersfield (VCSC #56-2011-00408712-CU-CO-VTA)
(ii) Appeal of Regional Board General Order (R5-2013-0120) for Tulare Lake Basin to State Water Resources Control Board (re. Irrigated Lands Regulatory Program)
The above legal grounds were determined to exist based on advice of counsel, and discussion of such matters in an Open Session would cause prejudice to the District. The Board went into Closed Session at 7:05 a.m. The Board reconvened back into open session at 8:00 a.m. and it was noted that no reportable actions were taken in Closed Session. At 8:00 a.m. President Andrew opened the floor for public comments. At this time there were none. Board of Directors – (21-01) Upon motion of Director Glende, seconded by Director Ackerknecht and
unanimously carried, to approve the minutes from the December 15, 2020 Regular Board meeting.
(Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
General Manager Diamond addressed the District operation amidst Coronavirus/Covid-19 situation. He and District managers indicated office employees are primarily working from home and operations and maintenance work continues with employees working independently and following mandated guidelines. The District has also provided all employees with the proper PPE, latest Covid-19 information and training. Watermaster – General Manager Diamond briefly touched on the written monthly report that was
submitted.
Operations Report – Operations Superintendent Williams reported on District operations stating that the District’s share of Isabella storage is estimated at 27,000 AF. Kern River natural inflow and outflow are averaging 200 cfs and 200 cfs, respectively.
The District’s Kern River demand is zero. The District will receive Kern Delta release water at an estimated 150 CFS.
11 cfs of CRC produced water continues to be diverted to the Lerdo Canal. Califia Farms also continues to pump into the Lerdo Canal.
Financial Matters – (21-02) Upon motion of Director Glende, seconded by Director Fornoff and unanimously
carried, to receive and file the Treasurer’s Report for the North Kern Water Storage District for the month of December as presented.
(Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
(RR21-03) Upon motion of Director Glende, seconded by Director Fornoff and unanimously
carried, to receive and file the Treasurer’s Report for the Rosedale Ranch Improvement District for the month of December as presented.
(Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
The Financial Statement, Summary of Water Sales, Deposits and the Accounts Receivable report for
the month of December were reviewed and accepted as presented. (21-04) Upon motion of Director Fornoff, seconded by Director Glende and unanimously
carried, to approve for payment the Accounts Payable for the North Kern Water Storage District for the month of December as presented.
(Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
(RR21-05) Upon motion of Director Fornoff, seconded by Director Glende and unanimously
carried, to approve for payment the Accounts Payable for the Rosedale Ranch Improvement District for the month of December as presented.
(Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
Consulting District Engineer – Ms. Hearn reported:
A. Poso Creek RWMG: GEI will be starting on the Drought contingency plans for the
region. NK’s grant award is to continue lining the Calloway Canal and implement Phase 3 of the WDI project. GEI continued to work with project sponsors to answer DWR’S questions and request for documents. The Poso Creek IRWM Grant is nearing signature.
B. Grants for Projects: Awards for the NRCS grant that the District applied for should be
announced in the spring. Also, the small-scale SCADA grant is being closed.
C. Irrigated Lands Regulatory Program/CV-Salts: Ms. Hearn stated there will be outreach programs for the fields that are statistical outliers for Nitrogen uptake.
D. Rosedale Ranch ID: Identified seven recharge sites that have no permanent crops on them and also found that canal conveyance has available capacity with some optimization. GEI is sharing cost estimates with Provost and Pritchard so they can be incorporated in the Prop 218 Study.
Budget and Personnel Committee – No Report at this time.
Engineering Committee – Staff outlined bids received for construction of four replacement wells and the Board directed staff to complete a detailed evaluation of the bids for subsequent review by the Board. (21-06) Upon motion of Director Glende, seconded by Director Fornoff and unanimously
carried, to authorize General Manager to enter into an agreement with ProUsys for design and bid specification services for the Phase III of the Water Delivery Improvement project for a budget amount not-to-exceed $81,500. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
(21-07) Upon motion of Director Glende, seconded by Director Camarena and unanimously
carried, to authorize the General Manager to execute Task Order 21-01 with GEI Consultants for the District’s General Engineering tasks for a budget amount not-to-exceed $60,000. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
(21-08) Upon motion of Director Glende, seconded by Director Camarena and unanimously
carried, to declare an emergency due to drought conditions and forego a public bidding process for the installation of temporary pipeline connection to the Friant-Kern Canal and authorize the General Manager to invite proposals. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
General Manager Diamond gave a brief update on status of the District participation in Landowner Subsurface Groundwater Recharge Systems.
Groundwater Ad Hoc Committee – (21‐09) Upon motion of Director Glende, seconded by Director Fornoff and unanimously
carried, to authorize the General Manager to execute Task Order 21-02 SGMA Implementation Support with GEI Consultants for a budget amount not-to-exceed $40,000. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
Produced Water Ad Hoc Committee –No report at this time
Negotiating Committee – No report at this time
Counsel of District – General Manager Diamond introduced Robert Holtermann to the Board of Directors. Mr. Holtermann gave a brief summary of his background and expressed his interest in being a Director on the District’s Board. (21‐10) Upon motion of Director Glende, seconded by Director Fornoff and unanimously
carried, to approve resolution of Determination that No Election be Held on March 2, 2021 for Divisions 1, 3 and 4 and requesting appointment of directors therefor. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
Rosedale Ranch – No Report at this time General Manager’s Report – No Report at this time
The President publicly stated that the legal authorities for holding Closed Session at today’s Board Meeting are the following sections of the California Government Code:
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Govt. Code Section 54956.9(a))
(i) North Kern Water Storage District v. City of Bakersfield
(VCSC #56-2011-00408712-CU-CO-VTA) (ii) Appeal of Regional Board General Order (R5-2013-0120) for Tulare Lake
Basin to State Water Resources Control Board (re. Irrigated Lands Regulatory Program)
B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION
(Govt. Code Section 54956.9(b)) C. PERSONNEL MATTERS
(Govt. Code Section 54957)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Section 54956.8)—use of District facilities for various potential water management programs; negotiator, Richard Diamond
The above legal grounds were determined to exist based on advice of counsel, and discussion of such matters in an Open Session would cause prejudice to the District. The Board went into Closed Session at 9:20 a.m. The Board reconvened back into open session at 10:45 a.m. and it was noted the following actions were taken in closed session. (21-11) Upon motion of Director Ackerknecht, seconded by Director Glende and
unanimously carried to adjourn the meeting at 10:45 a.m. (Ayes: Andrew, Ackerknecht, Glende, Camarena & Fornoff, Noes: None, Absent: None, Abstain: None)
Respectfully Submitted, Richard Diamond, General Manager Approved by Board February 16, 2020 Kevin Andrew, President
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 1B
BOARD OF DIRECTORS North Kern Water Storage District
Minutes of the Meeting of February 8, 2021 A Special Meeting of the Board of Directors of North Kern Water Storage District was held via teleconference (due to the rise in severity of COVID-19 and consistent with Executive Order N-29-20 suspending provisions of the Brown Act) starting at 11:30 a.m., on February 8, 2021.
President Andrew declared a quorum was present and called the meeting to order. The following Directors were present: Kevin Andrew, Carole Fornoff, Joel Ackerknecht, Winn Glende and Kristen Camarena. Others present: Richard Diamond (General Manager), Ram Venkatesan (Deputy General Manager), Marinelle Duarosan (Controller), Heather Williams (Operations Superintendent), Angel Ventura (Staff Engineer) Christy Castaneda (Administrative Assistant), of North Kern Water Storage District, Scott Kuney (District Counsel - Young Wooldridge), Guests included: John Rossi (Ralph Anderson and Associates), Dale Melville (Provost & Pritchard Consulting Group).
President Andrew called the meeting to order at 11:32 a.m. and opened the floor for public comments. At this time there were none.
Engineering Committee – (21-12) Upon motion of Director Fornoff, seconded by Director Ackerknecht and
unanimously carried, to award the Contract for Construction of Four Replacement Wells to Norcal Pump and Well Drilling, Inc. (Ayes: Andrew, Ackerknecht, Fornoff, Glende and Camarena; Noes: None; Absent: None, Abstain: None)
(21-13) Upon motion of Director Ackerknecht, seconded by Director Fornoff and
unanimously carried, to authorize the General Manager to execute Task Order 21-01 with Zeiders Consulting. (Ayes: Andrew, Ackerknecht, Fornoff, Glende and Camarena; Noes: None; Absent: None, Abstain: None)
The President publicly stated that the legal authorities for holding Closed Session at today’s Board Meeting are the following sections of the California Government Code:
A. CONFERENCE WITH LEGAL COUNSEL EXISTING LITIGATION (Govt. Code Section 54956.9(a))
(i) North Kern Water Storage District v. City of Bakersfield (VCSC #56-2011-00408712-CU-CO-VTA)
(ii) Appeal of Regional Board General Order (R5-2013-0120) for Tulare Lake Basin to State Water Resources Control Board (re. Irrigated Lands Regulatory Program)
B. CONFERENCE WITH LEGAL COUNSEL ANTICIPATED LITIGATION (Govt. Code Section 54956.9(b))
C. PERSONNEL MATTERS (Govt. Code Section 54957)
D. CONFERENCE WITH REAL PROPERTY NEGOTIATORS (Govt. Code Section 54956.8)—use of District facilities for various potential water management programs; negotiator, Richard Diamond
The above legal grounds were determined to exist based on advice of counsel, and discussion of such matters in an Open Session would cause prejudice to the District. The Board went into Closed Session at 11:53 a.m. The Board reconvened back into open session at 4:15 p.m. and it was noted the following actions were taken in closed session:
(21-14) Upon motion of Director Ackerknecht, seconded by Director Glende and unanimously carried, to authorize the General Manager to execute a Tolling Agreement between the Kern River Interests and Rosedale-Rio Bravo Water Storage District for the Onyx Ranch South Fork Valley Water Project. (Ayes: Andrew, Ackerknecht, Fornoff, Glende and Camarena; Noes: None; Absent: None, Abstain: None)
The Board noted the following motion to adjourn the Special Board Meeting; (21-15) Upon motion of Director Ackerknecht, seconded by Director Glende and
unanimously carried to adjourn the meeting at 4:17 p.m. (Ayes: Andrew, Ackerknecht, Fornoff, Glende and Camarena; Noes: None; Absent: None, Abstain: None)
Respectfully Submitted, Richard Diamond, General Manager Approved by Board February 16, 2010 Kevin Andrew, President
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 2B
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 2C
NORTH KERN WATER STORAGE DISTRICT AVERAGE MONTHLY GROUNDWATER LEVELS BY TOWNSHIP
200
220
240
260
280
300
320
340
360
380
400
420
440
460
Jan-
07Ap
r-07
Jul-0
7
Oct
-07
Jan-
08Ap
r-08
Jul-0
8O
ct-0
8
Jan-
09Ap
r-09
Jul-0
9
Oct
-09
Jan-
10Ap
r-10
Jul-1
0
Oct
-10
Jan-
11Ap
r-11
Jul-1
1O
ct-1
1
Jan-
12Ap
r-12
Jul-1
2
Oct
-12
Jan-
13Ap
r-13
Jul-1
3
Oct
-13
Jan-
14Ap
r-14
Jul-1
4O
ct-1
4
Jan-
15Ap
r-15
Jul-1
5
Oct
-15
Jan-
16Ap
r-16
Jul-1
6
Oct
-16
Jan-
17Ap
r-17
Jul-1
7O
ct-1
7
Jan-
18Ap
r-18
Jul-1
8
Oct
-18
Jan-
19Ap
r-19
Jul-1
9
Oct
-19
Jan-
20Ap
r-20
Jul-2
0O
ct-2
0
Jan-
21Ap
r-21
Jul-2
1
T 26 (North) Actual
T 26 (North) Interpolated
T27 (Central) Actual
T27 (Central) Interpolated
T28 (South) Actual
T28 (South) Interpolated
Dep
thof
Wat
er in
feet
TOWNSHIP LEGEND
0
5000
10000
15000
20000
25000
Jan-
07
Apr-
07
Jul-0
7
Oct
-07
Jan-
08
Apr-
08
Jul-0
8
Oct
-08
Jan-
09
Apr-
09
Jul-0
9
Oct
-09
Jan-
10
Apr-
10
Jul-1
0
Oct
-10
Jan-
11
Apr-
11
Jul-1
1
Oct
-11
Jan-
12
Apr-
12
Jul-1
2
Oct
-12
Jan-
13
Apr-
13
Jul-1
3
Oct
-13
Jan-
14
Apr-
14
Jul-1
4
Oct
-14
Jan-
15
Apr-
15
Jul-1
5
Oct
-15
Jan-
16
Apr-
16
Jul-1
6
Oct
-16
Jan-
17
Apr-
17
Jul-1
7
Oct
-17
Jan-
18
Apr-
18
Jul-1
8
Oct
-18
Jan-
19
Apr-
19
Jul-1
9
Oct
-19
Jan-
20
Apr-
20
Jul-2
0
Oct
-20
Jan-
21
Apr-
21
Jul-2
1
DISTRICT DEEP WELL PRODUCTION Ac-Ft
Groundwater Pumped Ac-Ft
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 2E
NORTH KERN WATER STORAGE DISTRICTEXCHANGE BALANCES AS OF
JANUARY 31, 2021
Improvement District 415,477
Kern Tulare WD28,319
Wonderful Orchards33,387
Shafter Wasco ID59,840
Semitropic WSD24,180
West Kern WD5,375
Premiere Ag. 12
Kern Delta4,998
Suburban Land2,475
SSJMUD23,992
Pacific Ag. Resources863
Bob Neufeld369
Buena Vista17,197
Delano Earlimart ID31,986
NK to Others = 257,366 AF
City of Bakersfield
27,721
Cawelo WD26,308
Others to NK = 54,029 AF
Homer LLC8,895
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 2F
P.O. Box 81435 Bakersfield, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884
33380 Cawelo Avenue
Bakersfield, CA 93308-9575 Water Orders and Operations
Telephone: 661-393-3361 www.northkernwsd.com
NORTHKERNWATERSTORAGEDISTRICT
February 16, 2021
TO: BOARD OF DIRECTORS FROM: Heather Williams
RE: Operations Report
Operations
1. Lake Isabella storage is currently 95,600 AF. The Natural Inflow is averaging 270 CFS and the Regulated Outflow is 270 CFS. February 1st was the start of the “Store All” operation for the Kern River Units. KDWD’s Kern Island water right is the sole unit storing its unused entitlement. The District’s share of storage is estimated to be 27,000 AF and continuing to receive zero Kern River entitlement.
2. The District is no longer receiving Kern Delta Release Water as of February 1. The District’s Kern River Isabella demand is currently zero. Operational demands are being met by using the District’s D/Wells, averaging 125 CFS/day.
3. CRC produced water continues to be diverted to the 9-2 spreading. Califia continues with 1 CFS into the Lerdo.
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 4A
Monthly Consulting Engineers’ Report for North Kern Water Storage District
Summary of Project Activity in January 2021
Submitted by
GEI Consultants, Inc. 5001 California Avenue, Suite 120 Bakersfield, CA 93309 T: 661-327-7601
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 1
General Services (GEI Project No. 2100359) General consulting activities in January included preparation for and attendance of the Board meeting; tasks related to participating in meeting with Provost & Pritchard and NKWSD Staff regarding the plan for Capital Improvement projects in support of the Prop 218 Study and coordinated with the RRID Recharge Study; fulfilling general water quality analysis, data and mapping requests; and coordination on general activities to support the District.
Upcoming Deliverables: Preparation for and participation in February Board meeting, as-requested services.
Active Task Order No.: 21-01
Budget Status: $5,243 expended of $60,000 budget (9%)
Budget Forecast: No foreseeable need for additional budget.
Legal Counsel Support (GEI Project No. 1611225)
No activity in January.
Upcoming Deliverables: None at this time.
Active Task Order No.: 20-02
Budget Status: $4,914 expended of $75,000 budget (7%)
Budget Forecast: No foreseeable need for additional budget.
NKWSD SGMA Implementation Support (GEI Project No. 2100361)
Activities in January included attending the KGA Board meeting for discussion on subbasin-wide DMS, the annual SGMA progress report, and other items of interest.
Upcoming Deliverables: None
Active Task Order No.: 21-02
Budget Status: $86 expended of $40,000 budget (.2%)
Budget Forecast: This project is expected to be completed within the authorized budget.
Water Banking Project (GEI Project No. 1611224)
No activity in January.
Upcoming Deliverables: None.
Active Task Order No.: 19-02
Budget Status: $48,620 expended of $50,000 budget (97%)
Budget Forecast: This project will need additional budget. A Task Order for related CEQA work and engineering support is being prepared. Future work will likely merge into the environmental TO.
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 2
RRID Groundwater Recharge Information Study (GEI Project No. 2004230)
The Technical Memorandum summarizing the study and findings was completed and submitted to the District.
Upcoming Deliverables: Address District comments on Technical Memorandum
Active Task Order No.: 20-09
Budget Status: $15,367 expended of $20,000 budget (77%)
Budget Forecast: This project is expected to be completed within the authorized budget.
Monitoring and Reporting Plan Development for On-Farm Recharge Projects (GEI Project No. 2004704)
In December, GEI examined the distribution of existing private and municipal wells within the District and began compiling well construction information. Based on conversations with NKWSD staff in January, the MRP will focus on requirements for individual projects. A regional monitoring program will be addressed separately.
Upcoming Deliverables: Draft recommendations
Active Task Order No.: 20-10
Budget Status: $5,758 expended of $16,500 budget (34%)
Budget Forecast: This project is expected to be completed within the authorized budget.
Capital Improvements Plan and Budget Estimate Support for 218 Report (GEI Project No. 2004707)
In January GEI delivered the draft Technical Memo to the District and to Provost & Pritchard for use in the Prop 218 Study.
Upcoming Deliverables: None.
Active Task Order No.: 20-13
Budget Status: $14,901 expended of $15,000 budget (99%)
Budget Forecast: Project is complete and will be closed.
CEQA for Expanded Water Banking Program (GEI Project No. 1800113)
Activities in January included attending internal and client coordination meetings and project management tasks.
Upcoming Deliverables: TBD Active Task Order No.: 18-02
Budget Status: $213,918 expended of $277,985 budget (76%)
Budget Forecast: Due to a shift in project activities, a Change Order with a revised scope of work and additional budget will be prepared and presented at the February Board meeting.
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 3
CEQA Compliance N. Kern River Region Water Conservation (GEI Project No. 1800123)
Activities in January included review of and updates to the Notice of Preparation.
Upcoming Deliverables: None
Active Task Order No.: 18-01 Budget Status: $4,515 expended of $319,538 budget (1%)
Budget Forecast: This project is expected to be completed within the authorized budget.
Environmental Documentation for Federal Funded Return Capacity Improvements (GEI Project No. 1804142)
Activities in January included identifying and developing a revised list of wells for the expanded banking project and coordinating for a scope modifications for Reclamation’s 2018 Grant.
Upcoming Deliverables: Revised Draft IS/MND, Revised Water Quality Memo
Active Task Order No.: 18-13
Budget Status: $128,472 expended of $162,276 budget (79%)
Budget Forecast: Due to a shift in project activities, a Change Order with a revised scope of work and additional budget will be prepared and presented at the February Board meeting.
NEPA for Calloway Canal Lining Project (GEI Project No. 1904937)
Activities in January included attending the bimonthly coordination meeting with North Kern and preparation of meeting agenda and notes. GEI also completed revisions to the Biological Assessment and coordinated with the District and Reclamation on the construction schedule.
Upcoming Deliverables: None Active Task Order No.: 19-11
Budget Status: $48,093 expended of $53,102 budget (90%)
Budget Forecast: This project is expected to be completed within the authorized budget.
CEQA for Califia Farms (GEI Project No. 2005123)
Activities in January included continued preparation of the Draft Initial Study/Negative Declaration and coordination with water resource specialists on the Report of Waste Discharge.
Upcoming Deliverables: Draft Initial Study/Mitigated Negative Declaration
Active Task Order No.: 19-12
Budget Status: $3,872 expended of $12,200 budget (32%)
Budget Forecast: This project is expected to be completed within the authorized budget.
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 4
High Speed Rail (GEI Project No. 1605740) Activity in January included assisting the District with RFI and design related questions on Canal 9-22 and 9-26, preparation of reimbursement Invoice Package 39, and revisions to Invoice Packages 37 and 35. Upcoming Deliverables: Invoice package #40
Active Task Order No.: 20-07 (Add-on to 19-07, 18-09, and 02-2017)
Budget Status: $185,674 expended of $239,323 budget (78%)
Budget Forecast: The current scope of work is expected to be completed within the authorized budget. A budget amendment will be discussed if the scope of work increases.
Grant Application Support (GEI Project No. 2001514)
There was no activity in January. Reclamation expects to announce awards from the September WEEG application in March. The application was for Calloway Canal Lining from 7th Standard Road to 8-1 Backup Weir.
Upcoming Deliverables: Respond to Reclamation’s request for information following review of the WEEG applications submitted September 17.
Active Task Order No.: 20-08 (Task 2) & 20-05 (Task 1)
Budget Status: $6,908 expended of $10,000 budget (69%)
Budget Forecast: If the grant is awarded additional budget will be required to complete the agreement and implementation phases.
Grant Implementation for Drought Resiliency (GEI Project No. 1804180)
Activity in January was limited to minimal grant and project administration.
Upcoming Deliverables: Continued minimal design work as needed, semi-annual report due in April, grant agreement time extension.
Active Task Order No.: 18-12
Budget Status: $21,412 expended of $70,000 budget (31%)
Budget Forecast: This project is expected to be completed within the authorized budget.
WDI Implementation Support (GEI Project No. 2001515)
Activities related to Administrative and Reporting work included:
• Communication with USBR regarding pending scope modifications and time extensions for R16AP00172 and R17AP00159 and preparation of additional documentation requested by USBR.
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 5
Activities related to Contract Management included:
• Close out of NK 615, NK614, and NK 613 • Preparation of Final Retention Progress Payments • Completed warranty support
Upcoming Deliverables:
• Continued follow up with USBR regarding pending scope modifications • Final Reports for DWR and USBR agreements
Active Task Order No.: 20-04 Addendum • Because the remaining grant funds will be used to reimburse construction costs, a minimal
amount of GEI Task Order 20-04 will be reimbursed. The majority of GEI Task Order 20-04 will be cost match.
Budget Status: $179,186 expended of $186,000 budget (96%)
Budget Forecast: This project is expected to be completed within the authorized budget.
SCADA Small Scale Grant Implementation Support (GEI Project 2002527)
Activity in January included preparation and submission of the Second Annual Report and the Final Report, and setup of the District’s GrantSolutions accounts. With the submission of these reports, this agreement is closed.
Upcoming Deliverables: Second Annual Report and Final Report
Active Task Order No.: 20-06
Budget Status: $3,182 expended of $7,500 budget (42%)
Budget Forecast: This project was completed within the authorized budget.
R19AP00140 and R20AP00064 Canal Lining and WDI Implementation (GEI Project 2004274)
Activity in January included a monthly call and other communication with Reclamation regarding the contracting requirements for WDI Phase 3, and specification related preparation for WDI Phase 3.
Upcoming Deliverables: February call with USBR, monitoring of NTP status, continued preparation for next phase of WDI implementation, and semi-annual report due in April
Active Task Order No.: 20-11
Budget Status: $7,997 expended of $8,500 budget (94%)
Budget Forecast: Due to future work outside of the scope of Task Order 20-11, this project will need additional budget. A Task Order will be presented at the February meeting.
Summary of Project Activity in January 2021 North Kern Water Storage District
GEI Consultants, Inc. | 6
NRCS RCPP Classic Funding Application (GEI Project 2004394)
Activity in January included minimal follow up to the NRCS RCCP Proposal submitted on November 30th and communication with the NRCS representatives.
Upcoming Deliverables: Respond to requests for information regarding the proposal submitted in November and continue to work with NRCS on District eligibility.
Active Task Order No.: 20-12
Budget Status: $20,000 expended of $20,000 budget (100%)
Budget Forecast: Additional budget will be needed if the funding is awarded.
Ag Water Management Plan Update (GEI Project 2005378)
Activity in January included coordination within GEI to begin preparation of the Agricultural Water Management Plan (AWMP) 2020 Update. The District is required to prepare a five-year update to its 2015 AWMP to be in compliance with the requirements of the Department of Water Resources (DWR) guidance document: A Guidebook to Assist Agricultural Water Suppliers to Prepare a 2020 Agricultural Water Management Plan, dated August 2020.
Upcoming Deliverables: Draft of AWMP
Active Task Order No.: 20-15
Budget Status: $1,557 expended of $35,000 budget (4%)
Budget Forecast: This project is expected to be completed within the authorized budget.
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures
37,789.80$ 37,789.79$ 75,579.59$ 30,036.40$ 42,599.90$ 72,636.29$ 27,704.60$ 27,704.60$ 55,409.20$
295,727.29$ 283,163.80$ 578,891.09$ 452,500.58$ 641,673.99$ 1,094,174.57$ 17,715.19$ 101,013.31$ 118,728.50$ 16,878.37$ 519,362.72$ 536,241.09$
106,009.78$ -$ 106,009.78$ 984,362.01$ 1,653,308.11$ 2,637,670.11$
Semi-Annual Report submitted 10/30/2020. As of this report, the
Grant Share and Cost Share have been met.
5/31/2019
$1,000,000
Reimbursement Received by NKWSD
5/4/20177/30/20187/30/201812/14/2018
11/6/2020
Reimbursement Requests
Scope of Agreement
1600 LF of Calloway Canal Lining; WDI for 20 Production Wells; 7 RTUs; Main Office Tower; Land IQ data processing
R16AP00172 (South Portion)
$ 984,362.00 $ 984,362.00
Ongoing Projects
USBR 9/16/2016
12/11/2019
1. Ongoing Projects
Ag Water Use Efficiency Grants
Project Name
Calloway Canal Lining and WDI 12/31/2021
6/5/2020
Scope modification pending. Time extension
received 12/16/2020
Final Report due after scope modification
received
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures426,540.6$ 426,540.60$ 853,081.20$
426,922.72$ 616,096.13$ 1,043,018.85$ 17,715.19$ 101,013.31$ 118,728.50$ 16,878.37$ 519,362.72$ 536,241.09$ 98,435.72$ -$ 98,435.72$
986,492.60$ 1,663,012.76$ 2,649,505.36$
6/5/2020
Project Name
Reimbursement RequestsReimbursement Received by
NKWSD12/14/2018
Scope of Agreement
2,631 LF of Calloway Canal Lining; WDI for 20 Production Wells; 7 RTUs; Wonderful Tower; Land IQ data processing
12/31/2021
12/11/2019$986,492.60 $ 986,492.60
5/31/2019
Ag Water Use Efficiency Grants
11/6/2020
USBR 9/19/2017 $1,000,000
R17AP00159 (Mid Portion)
Calloway Canal Lining and WDI
Final Report due after scope modification
received
Scope modification pending. Time extension
received 12/16/2020
Semi-Annual Report submitted 10/30/2020. As of this report, the
Grant Share and Cost Share have been met.
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share* Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures-$ 36,938.50$ 36,938.50$
26,871.36$ 60,634.35$ 87,505.71$ 804,449.90$ 992,888.06$ 1,797,337.96$ 649,414.05$ 1,444,231.63$ 2,093,645.68$ 11,315.25$ 135,751.12$ 147,066.37$ 37,700.23$ 140,228.96$ 177,929.19$ 39,138.60$ 103,206.12$ 142,344.72$
-$ 153,464.15$ 153,464.15$ 759,331.26$ 159,686.77$ 919,018.03$ 528,534.35$ -$ 528,534.35$
-$ -$ -$ -$ -$ -$
2,856,755.00$ 3,227,029.66$ 6,083,784.66$
Scope of Agreement
10/30/2020
8/14/2020
* %10 retention of submitted reimbursements until project completion. Amounts shows in Grant Share column are total submitted amounts, not minus 10%
9/23/2020
Prop 1 Water Use Efficiency Grants 9/16/2016 $2,856,755 12/31/2020
Reimbursement RequestsReimbursement Received by
NKWSD
3/14/20193/14/2019
N/A
$ 2,856,755.00 n/a
3/31/2020
Project Name
4600011921
Calloway Canal Lining and WDI DWR
6/23/2020
5,551 LF of Calloway Canal Lining; WDI for 40 Production Wells; 14 RTUs; Land IQ data processing
5/24/20193/31/2020
$ 2,856,755.00
Scope modification approved 4/2/2020
Last Quarterly Report submitted 1/30/2021
As of the period ending 06/30/2020, the Grant Share and Cost Share
have been met.
Final Report due 03/30/2021. Post-
performance reports due for 5 years beginning
March 2022.
1/30/2021
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures7,616.13$ 7,927.00$ 15,543.13$ 7,616.13$ 7,927.00$ 15,543.13$
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures13,539.79$ 14,092.43$ 27,632.22$ 13,539.79$ 14,092.43$ 27,632.22$
$ 1,507,447.00
9/4/2020 9/30/2022
Reimbursement Requests
Scope of Agreement
2,200 LF of Calloway Canal Lining from Snow Road to 2,200 LF north of Snow Road; WDI at 23 Production Wells; 15 RTUs; SCADA Integration
Scope of Agreement 3,841 LF of Calloway Canal Lining from 2,200 LF north of Snow Road to 7th Standard Road; WDI at 7 Production Wells;
SCADA Integration
WEEG 9/16/2020 $1,500,000 9/30/2022Calloway Canal Lining and WDI USBR
Reimbursement RequestsReimbursement Received by
NKWSD11/23/2020 $ 1,477,500.00 $ 1,675,170.00
USBR $1,500,000
R20AP00064
Reimbursement Received by NKWSD
11/23/2020 $1,488,500.00
Project Name
Calloway Canal Lining and WDI WEEG
R19AP00140
Project Name
Semi-Annual Report due 04/30/2021
Semi-Annual Report due 4/30/2021
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Start Date Funding
Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures5,213.66$ 7,199.98$ 12,413.64$
11,310.05$ 15,618.65$ 26,928.70$ 8,137.66$ 11,237.72$ 19,375.38$
24,661.37$ 34,056.35$ 58,717.72$
Agreement Number Agency Start Date Funding
Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures-$ -$ -$ -$ -$ -$
Scope of Agreement
Connect 2 existing wells to FKC; Drill, equip, and connect 2 replacement wells First Semi-Annual Report due 4/30/2021
Reimbursement RequestsReimbursement Received by
NKWSDDue 4/30/2021 $ 735,000.00 $ 943,332.00
$ 1,043,650.00
Project Name
Scope of Agreement
Connect 5 existing wells to FKC; Drill, equip, and connect 2 replacement wells
Reimbursement Requests
$ 722,258.00
R20AP00114
Return Capacity Improvements
USBR
Funding Program
WaterSMARTDrought
Resiliency Grant 9/11/2020 $750,000 9/30/2023
USBR
Project Name
R18AP00088
Return Capacity Improvements
5/29/2020
Funding Program
WaterSMARTDrought
Resiliency Grant
Reimbursement Received by NKWSD
11/6/2020
9/12/2019 $750,000 12/31/2021
Semi-Annual Report due 4/30/2021
5/29/2020
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Agreement Number Agency Funding
Program Start Date Funding Amount Finish Date Status
Grant Share Grant Share Budget Cost Share Cost Share
Budget Total
Expenditures-$ -$
Project Name
4600013880
Calloway Canal Lining DWRProposition 1
Round 1 IRWM Implementation
2/2/2021 9/30/2023
Reimbursement RequestsReimbursement Received by
NKWSDDue5/30/2021 $ 872,460.97
Agreement signed 2/2/2021
First Quarterly Report due 5/30/2021
No Cost Share required
NKWSD is the Grantee for the Prop 1 Funding Agreement and will coordinate grant management with the Poso Creek IRWM Group through Semitropic WSD. The agreement includes projects from LHUD, City of Delano, SSJMUD, DEID, NKWSD, SWSD, and SWID. NKWSD's total project budget is $1,560,471.97, $872,460.97 of which is Grant Share. NKWSD is not required to report any Cost Share.
Scope of Agreement
1,370 LF of Calloway Canal Lining
$ $ 872,460.97
North Kern Water Storage District Grant Funded Projects February 2021
USBRR17AP00119
DWR4600011921 NKWSD
USBRR17AP00159
DWR 4600011921 NKWSD
USBRR16AP00172
DWR 4600011921 NKWSD
Cost Share
Amounts 278,195.00$ 241,161.48$ 37,033.53$ 919,999.22$ 1,376,344.29$ 576,539.29$ 910,297.56$ 1,239,249.23$ 703,929.68$
Combined Total of 3 USBR Grants DWR Grant
$2,249,050.00 $2,856,755.00
4,174,257.49$ 3,425,994.28$
The District’s current out of pocket expenditure is $1,317,503
NKWSD Cost Share Obligation
Cost Share Expended(District + other grants)
Calloway Canal Lining and WDI ProjectCost Share Detail as of July 2020
USBR R17AP00159 (Middle) USBR R16AP00172 (South)USBR R17AP00119 (North)
The District's Share is a portion of the overall project costs not covered by the eligible State and Federal Grant Share; as much as possible, the Federal Grants are used as cost share for the State Grant and vice versa.
2. Cost Share
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
$1,500,000
$500,000 - $2,000,000
USBR WaterSMART Drought Response Program FY 2021
Application re-submitted August 2020 (Application submitted in October 2019 was not awarded).
Pending Projects
Calloway Canal Lining from 7th Standard to 8-1 Weir Application submitted on September 17, 2020
NK-SSJMUD Intertie(SSJMUD is applicant)
USBR WaterSMART WEEG FY 2021
3. Pending Projects
Reclamation expects to notify recipients of the Drought Response Program awards in February and of the WEEG awards in March 2021.
North Kern Water Storage District Grant Funded ProjectsFebruary 2021
Closed out January 2015
Closed out June 2017
Closed out February 2020
Closed out February 2020
Closed out January 2021
Poso Creek IRWM Group Plan Update Post Completion Performance Reports due annually
Calloway Canal Lining (R17AP00119) No Post Completion Report Required
3 of 3 Post Completion Performance Reports submitted to DWR
WaterSMART Small Scale Water Efficiency Program (SWEP) SCADA Improvements No Post Completion Report Required
2 of 3 Post Completion Performance Reports submitted to DWR. Due annually.
Cross Valley Canal to Calloway Intertie
CRC Pipeline
Completed Projects
4. Completed Projects
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 6A
P.O. Box 81435 Bakersfield, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884
33380 Cawelo Avenue
Bakersfield, CA 93308-9575 Water Orders and Operations
Telephone: 661-393-3361 www.northkernwsd.com
NORTH KERN WATER STORAGE DISTRICT
February 16, 2021 TO: ENGINEERING COMMITTEE Directors Andrew and Ackerknecht FROM: Richard Diamond and Ram Venkatesan RE: Approve 2021 Landowner Well Water Transportation Agreement RECOMMENDED MOTION: “Approve form of 2021 Landowner Well Water Transportation Agreement.” DISCUSSION: To provide landowners with flexibility with respect to operation of their wells in drier years the District has entered into agreements that allow landowners to transport their deep well supplies through the District’s conveyance system. Forecasts for 2021 water year appears to be dry or critically dry on the Kern River, and it currently does not appear that the District will have sufficient supplies to meet all of Class 2 demands. Consequently, Class 2 landowners will likely need to rely on their wells to meet crop requirements. Staff recommends that the District allow landowners to convey well water in the District’s system pursuant to a 2021 “landowner well water transportation agreement” (see Exhibit “A”). The proposed 2021 landowner well transportation agreement is identical to the 2020 agreement. Attachments:
Exhibit “A” – 2021 Landowner Well Water Transportation Agreement
2021 Landowner Well Water Delivery Agreement 1
2021 LANDOWNER WELL WATER TRANSPORTATION AGREEMENT
AGREEMENT BETWEEN
NORTH KERN WATER STORAGE DISTRICT AND ______________________
FOR DELIVERY OF WELL WATER THIS AGREEMENT is entered into on the date hereinafter set forth between NORTH KERN WATER STORAGE DISTRICT, a California water storage district, hereinafter called “District,” and _____________________________________ , a landowner within said District, hereinafter called “Landowner.”
R E C I T A L S
1 This Agreement is entered into between the District and Landowner to help mitigate the impacts that water year 2021 is forecasted to be a dry year on the Kern River and the District will have limited supplies of water available for Class 2 landowners.
2 District is the owner and operator of a water distribution system, hereinafter called “system,” designed to serve certain lands within the District.
3 Landowner has groundwater developed from wells on lands within or outside the District which it owns or leases, hereinafter called “well water,” and wishes to utilize the District's system to deliver said water to other lands it owns or leases, either within the District or located within a contiguous water district and within five (5) miles of the District boundaries.
4 District has determined that there will be excess capacity available in system during 2021 and that it will be physically possible to assist in delivering said well water to Landowner's other lands.
A G R E E M E N T
NOW, THEREFORE, IT IS AGREED by the parties hereto as follows:
1. As requested from time to time by Landowner, and as approved by District, District will
accept well water made available by Landowner into District's system from the sources and at the location shown on Exhibit “A” attached hereto and delivered said well water to other lands owned or leased by Landowner at locations shown on Exhibit “B” hereto. Delivery of well water into the District's system may be terminated at any time without notice by the District if the District determines that such deliveries of well water may be injurious to other landowners within the District. In the event any deliveries of well water are terminated by the District, such terminations shall be in the following order: First, deliveries to lands outside the District; second, deliveries to District Class 2 lands; last, deliveries to District Class 1 lands.
2021 Landowner Well Water Delivery Agreement 2
2. Deliveries to Class 1 Lands will be allowed only to mitigate any impacts of a delivery
prorate assessed to Class 1 Lands. Class 1 Lands shall otherwise only take delivery of District Class 1 supplies.
3. Landowner will construct any physical works determined by the District to be reasonably required to deliver the well water into and from District's system, including valves, meters or other facilities as determined by District to be necessary. For any existing connection into the District’s system that is not metered, the District shall apply a monthly well production reduction factor consistent with the District’s well field. Landowner may encroach upon the District's right-of-way for the purpose of constructing, operating and repairing such necessary physical works in a manner approved by the District and shall remove such facilities upon termination of this Agreement, unless written consent is otherwise provided by the District.
4. District will maintain current records of water received from and delivered to Landowner through the system as authorized by this Agreement. In computing such amounts, conveyance losses will be assessed where the District determines appropriate. Landowner will provide any technical data and water quality data required by District relating to the delivery of water under this Agreement.
5. Well water which Landowner delivers into system shall be used by Landowner on a simultaneous basis, such that deliveries into and from the system balance on a daily basis, except that the District's Operations Superintendent may approve “banking” of water for use during future periods on a limited basis. Available capacity to “bank” water will first be allocated to Class 2 lands and then to lands outside the District. Within said classes, priority will be given to programs with weekend-only demands for delivery of “banked” water and the remainder on a first-come, first-serve basis. Transfer of water “up-canal” will be limited by available supplies and deliveries “down-canal” from the point the well water is delivered into the system.
6. Landowner shall pay within thirty days from the date of invoice therefore, the same as regular District billings, all costs and expenditures related to the performance of this Agreement. Such costs shall include, but not limited to, the following:
a. For well water pumped inside the District boundaries to be conveyed for use upon lands within a contiguous water district and within five (5) miles to the District's boundaries, an “interest” charge to compensate the District and its landowners for their increased cost of pumping groundwater of Twenty Five Dollars ($25.00) per acre-foot delivered into the District system.
7. A canal loss of fifteen percent (15%) per acre-foot delivered into the District system shall
reduce the amount delivered to the Landowner. If the water is delivered into a District facility where Landowners turnout is within one quarter (1/4) mile the loss charge shall be two percent (2%) per acre-foot delivered into the District system
2021 Landowner Well Water Delivery Agreement 3
8. To the extent such well water pumped inside the District boundaries is used upon in a contiguous water district and within five (5) miles of the District's boundaries, water will be returned to the District at the rate of 1:1 for each acre-foot conveyed out of the District. A credit will be applied to Landowner's account of Twenty Dollars ($20.00) if returned after one (1) year, Fifteen Dollars ($15.00) if returned after two (2) years, Ten Dollars ($10.00) if returned after three (3) years, and Five Dollars ($5.00) if returned after four (4) years. Such return of water shall be made at the earliest opportunity, but in no event beyond five (5) years, and may be satisfied to the extent Landowner buys water from sources the District would not otherwise acquire. In the event the landowner is not able to return water in five years, the District will charge Landowner the acre-foot water rate consistent with the District’s “Temporary Pumping and Miscellaneous Water Sales” agreement from the year the water was transported outside District for the amount of water not previously returned; for 2021 this water rate is $1,000 per acre-foot.
9. The District may buy from Landowner well water to the extent Landowner has excess capacity. If the District elects to purchase said water, the District shall pay Landowner the variable energy cost for each well providing the District water, and Fifteen Dollars ($15.00) an acre-foot plus any charge of a governmental entity for pumping such groundwater.
10. Landowner shall submit to the District a reasonable time in advance any proposed changes in the source(s) of well water (Exhibit “A”), the place of delivery (Exhibit “B”) or any other changes in the manner or method of delivering well water through District facilities.
11. Landowner hereby assumes all responsibility and waives any claim against District for damages to persons, crops or equipment including Landowner's equipment resulting from the performances of this Agreement. Landowner shall assume the defense and indemnify and hold harmless District, its officers, employees and agents, from any and all loss, damage, liability, claims or causes of action of every nature whatsoever for damages to or destruction of property, including District's property or third party crops, or for the injury or death of persons in any manner arising out of or incidental to the performance of the conditions of this Agreement, except those caused by the extraction, conveyance and use of water for District purposes.
12. In event of any dispute or claim alleging that the well water cannot be extracted and conveyed to Landowner's lands as herein permitted, Landowner shall assume the defense of and indemnify and hold harmless the District, its officers, employees and agents, from any and all loss, damage, liability, claims or causes of action of every nature whatsoever arising out of such arrangements and/or conveyance of well water.
13. Nothing herein contained shall be interpreted as a waiver, relinquishment and/or abandonment of the District's title to water stored in the underground as a result of the District's project. Pumping of groundwater and use of the District's facilities to convey well water as herein permitted is to mitigate an emergency and shall not be construed as establishing any right or precedent for use of District facilities or pumping of
2021 Landowner Well Water Delivery Agreement 4
groundwater, except as otherwise may be permitted by law.
14. Delivery of Landowner's well water and use of District's system shall otherwise be in strict accordance with District's Rules and Regulations for Distribution of Water.
15. This Agreement shall be effective upon execution by both parties, and approval of required physical facilities by the District, and may be terminated by either party or December 31, 2021, whichever occurs first.
Dated: __________________________, _________ NORTH KERN WATER STORAGE DISTRICT By: __________________________________ LANDOWNER By: __________________________________ APPROVAL OF DISTRICT TO WHICH WELL WATER IS BEING CONVEYED (If applicable.) By: __________________________________ Attachments: Exhibit A and Exhibit B
2021 Landowner Well Water Delivery Agreement 5
EXHIBIT “A” Description:
2021 Landowner Well Water Delivery Agreement 6
EXHIBIT “B” Delivery Locations: Description: N/A Sketch: N/A
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 6B
P.O. Box 81435 Bakersfield, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884
33380 Cawelo Avenue
Bakersfield, CA 93308-9575 Water Orders and Operations
Telephone: 661-393-3361 www.northkernwsd.com
NORTH KERN WATER STORAGE DISTRICT
February 16, 2021 TO: ENGINEERING COMMITTEE Directors Andrew and Ackerknecht FROM: Ram Venkatesan RE: Approve Task Order for Project Implementation, Contract Management and Grant
Administration Support for Phase III of the Water Delivery Improvements Project RECOMMENDED MOTION: “Authorize the General Manager to execute Task Order 21-03 with GEI Consultants for project implementation, contract management and grant administration support for Phase III of the Water Delivery Improvements project for a budget amount not-to-exceed $90,000.” DISCUSSION: As indicated at prior Board meetings, the District was successful in getting grant funding from the Bureau of Reclamation (“Bureau”) ($3.0 million) under the 2019 WaterSMART Water and Energy Efficiency grant program to concrete line the Calloway Canal from Snow Road to 7th Standard Road and implement Phase III of the Water Delivery Improvements project (“WDI”). Phase III of the WDI includes installation of water meters, groundwater level sensors, and power usage measurement devices at 25 District well sites and canal water level sensors at 17 locations and the necessary instrumentation to transmit data to the District office. GEI Consultants (“GEI”) provided project implementation, bid phase (preparation of the bid specifications), and grant administration support for the Phase II of the WDI project (54 well sites and 17 canal level sensor locations) that was successfully completed in November 2020. Staff requested a proposal (Exhibit “A”) from GEI for preparing bid specifications, performing the required environmental work, and providing grant administration and reporting support for Phase III of the WDI project. GEI has provided a budget of $90,000 to provide the necessary support for the project. Staff reviewed the proposal for scope and fee and finds them acceptable. Staff recommends Board approval for the General Manager to execute Task Order 21-03 with GEI Consultants for project implementation, contract management and grant administration support for Phase III of the Water Delivery Improvements project for a budget amount not-to-exceed $90,000. Grant funds are expected to cover a significant portion of this amount. Attachments: Exhibit “A” – Task Order 21-03 from GEI Consultants
5001 California Avenue, Suite 120 | Bakersfield, CA 93309
Consulting Engineers and
Scientists
February 3, 2021
Ram Venkatesan Deputy General Manager North Kern Water Storage District 33380 Cawelo Avenue Bakersfield, CA 93308
PROFESSIONAL SERVICES AGREEMENT EXHIBIT A – SCOPE OF WORK
FOR TASK ORDER 21-03, PROEJCT AND GRANT IMPLEMENTATION FOR WDI PHASE 3 AND
CALLOWAY CANAL LINING (R19AP00140, R20AP00064, 4600013880)
This Task Order defines a Scope of Services, Schedule, and Budget for work to be completed by GEI Consultants, Inc., (GEI) for North Kern Water Storage District (NKWSD, North Kern, District) per the terms and conditions of the Professional Services Agreement dated November 16, 2017, except as amended herein.
SCOPE OF SERVICES
NKWSD was recently awarded three grants for Calloway Canal Lining and Water Delivery Improvements (WDI). Two grants, R19AP00140 and R20AP00064, are from the United Stated Bureau of Reclamation (Reclamation), each in the amount of $1,500,000. The third grant, 4600013880, is from the Department of Water Resources (DWR) and is part of the Poso Creek Integrated Regional Water Management (IRWM) Group Implementation Grant. NKWSD’s portion of the DWR IRWM grant is $872,460.97. The scope of the Reclamation grants includes both Calloway Canal Lining and WDI, while the scope of the DWR grant is limited to Calloway Canal Lining. The combined scope of the grants is 6,041 linear feet (LF) of concrete canal lining of the Calloway Canal from Snow Road to 7th Standard Road, and Phase 3 of WDI including SCADA integration for 30 District owned production wells and 15 Remote Terminal Units.
WDI implementation is planned for 2021; Canal Lining construction is planned for 2022. This task order is for Administration, Reclamation Reporting, DWR Grant, and Environmental activities during the 2021 calendar year, and for the Construction Contracting phase for WDI.
A separate task order for WDI Contract Administration will be presented once the contracting plan is in place in the spring/summer of 2021. Another task order for 2022 activities including continued Administration, Grant Reporting, Environmental, and Canal Lining related activities will be presented at the end of 2021.
Task 1: Administration
Administration includes Project and Budget Management and Grant Administration. Grant Administration
North Kern Water Storage District Task Order 21-03, WDI & Canal Lining through 2021 February 03, 2021 Page 2
includes monthly meetings with Reclamation, project cost tracking, and one grant modification. This task is eligible for Reclamation Grant Share and Cost Share.
Task 2: Reclamation Reporting
Reclamation Reporting includes two semi-annual reports for each Reclamation agreement. This task is not eligible for Reclamation or DWR Grant Share or Cost Share.
Task 3: DWR Grant
This task includes Administration and Reporting for NKWSD’s portion of the DWR IRWM Implementation Grant. Administration includes project addendums and grant meetings. Reporting includes four quarterly reports. This task is not eligible for Reclamation or DWR Grant Share or Cost Share. DWR Grant Share is limited to construction costs. There is no required NKWSD Cost Share for the DWR Grant.
Task 4: Environmental
GEI will perform one pre-construction survey, one rare plant survey, and one Worker Environmental Awareness Program (WEAP) training prior to WDI implementation. This task is eligible for Reclamation Grant Share and Cost Share.
Task 5: Construction Contracting – WDI
This task includes finalizing the front end specifications, reviewing and compiling the design drawings prepared by District’s systems integrator, preparing the final bid package for all three specifications, facilitating the bid process, evaluating the bids, awarding the contracts, and issuing the Notice to Proceed. This task is eligible for Reclamation Grant Share and Cost Share.
Task 6: Contract Administration – WDI
This work will occur in the spring/summer of 2021. The scope and estimated budget will be under a separate task order once the contractors are known.
Task 7: Construction Contracting – Canal Lining
This work will occur in 2022 and will be covered under a separate task order.
Task 8: Contract Administration – Canal Lining
This work will occur in 2022 and will be covered under a separate task order.
Assumptions
• The project will be ongoing through 2022; however, the scope of this task order is forAdministration, Reclamation Reporting, DWR Grant, and Environmental activities during the 2021calendar year, and for the bid process and award of a contracts for WDI Phase 3.• A scope and budget estimate for the WDI Contract Administration effort will be
presented in the spring/summer of 2021 once the three contractors are known.
North Kern Water Storage District Task Order 21-03, WDI & Canal Lining through 2021 February 03, 2021 Page 3
• The scope and budget related to the Canal Lining effort and 2022 activities includingcontinued Administration, Grant Reporting, Environmental, and Canal Lining relatedactivities will be presented at the end of 2021.
• The Notice to Proceed (NTP) from Reclamation will be received in time to start WDIimplementation in May 2021. WDI implementation will occur in 2021; Canal Lining is scheduledto occur in 2022. As was done in Phase 2 of WDI, the implementation of Phase 3 will be split intothree contracts: one for PLC fabrication, one for meter installation, and one for electrical work.
• NKWSD has requested that Reclamation allow the District to solicit quotes from the qualifiedcontractors from Phase 2 of WDI in place of soliciting bids through an advertised biddingprocedure. Soliciting quotes is a comparatively smaller effort than an advertised bidding procedurefor three implementation contracts. While GEI is optimistic that Reclamation will grant this request,for budgeting purposes we have assumed a full advertised bidding procedure. Should Reclamationgrant the request, we anticipate less of the authorized budget will be utilized given the simplifiedcontracting effort of soliciting quotes.
• There will be a maximum of one modification to the Reclamation grants and one addendum to theDWR grant during calendar year 2021.
• There will be no special-status plants or wildlife identified during the pre-construction biologicalsurvey and rare plant survey.
Deliverables
• Two semi-annual grant reports for each Reclamation grant
• Four quarterly project reports for the DWR grant
• Pre-construction environmental site surveys for WDI and on-site worker training
SCHEDULE
This Task Order is for work performed in the 2021 calendar year. Project management and grant administration will be ongoing throughout the year. Reclamation reports are due on April 30 and October 30 and cover period October 1 through March 31 and April 1 through September 30, respectively. Environmental surveys and WEAP training will occur in the weeks prior to construction starting.
The construction schedule, and thus contracting, is dependent on the timing of the NTP from Reclamation. It is assumed that the NTP will be received in time to start WDI implementation in May 2021. Assuming that is the case, the bid process and award of a contracts will take place February 1st through April 30th.
BUDGET
Billing for all work completed under this Task Order will be in accordance with the terms of the Professional Services Agreement, with labor billed at 3.05 times labor rate, and expenses billed at 5 percent above cost. All work will be performed on a time and materials not to exceed basis. Based on the Scope of Work previously described, we suggest authorizing a $90,000 budget.
North Kern Water Storage District Task Order 21-03, WDI & Canal Lining through 2021 February 03, 2021 Page 4
AUTHORIZATION
This Task Order is authorized and made an attachment to the above-identified Professional Services Agreement through the signatures below.
Authorized by: Accepted by: NORTH KERN WATER STORAGE DISTRICT
GEI CONSULTANTS, INC.
By: By:
Title: Title: Sam Schaefer, Project Manager
Date: Date: 02/03/2021
By:
Title: Stephanie Hearn, Branch Manager
Date: 02/03/2021
PROJECT NUMBER
All work will be billed under a GEI Project Number 2004274.
TOTAL TOTAL
Anne King Nick
Tomera Sarah Norris
Arjun Bharadwaj Devin Barry Grace Martin Expenses LABOR LABOR
$274 $231 $231 $231 $172 $140 $140 $114 HOURS COSTS1 $23,304
Project and Budget Management 12 12 24 $3,432R19 Grant Administration 4 20 6 40 70 $9,936R20 Grant Adminstration 4 20 6 40 70 $9,936
2 Reclamation Reporting $7,012R19 2 2 3 6 10 23 $3,506R20 2 2 3 6 10 23 $3,506
3 DWR Grant $10,236Administration 6 6 4 10 26 $4,376Reporting 6 4 6 8 10 34 $5,860
4 Environmental $13,278WDI Surveys & WEAP 12 10 16 30 300.00$ 68 $13,278Canal Lining Survey(s) & WEAP $0
5 Construction Contracting - WDI $35,444Meetings 12 12 12 4 40 $7,488Specification Preparation 16 24 30 70 $9,532Bidding Services 8 8 16 20 52 $8,088NOA, NTP, NOC 16 8 24 $3,152Bid Analysis 8 16 16 40 $7,184
6 Contract Administration - WDI $0Meetings $0WDI Contract management $0
7 Construciton Contracting - Canal Lining $0Meetings $0Specification Preparation $0Bidding Services $0Bid Analysis $0
8 Contract Administration - Canal Lining $0Meetings $0NOA, NTP, NOC $0Canal Lining Contract Support $0WDI Contracts Support $0
PROJECT TOTAL 52 12 18 16 122 120 30 194 300 564 $89,274Standard billing rates are used for estimating purposes but a discounted 3.05 multiplier will used when billing.
2022
North Kern Water Storage District - 2019 & 2020 Canal Lining and WDI Grant Implementation Task Order 21-03 Budget January 2021 - December 2021
2022
Task Number/NameSam
SchaeferSarah
Atmadja
Administration
2022
Spring/Summer 2021
NORTH KERN WATER STORAGE DISTRCT Board Meeting
Agenda Item 6C
P.O. Box 81435 Bakersfield, CA 93380-1435 Administration Telephone: 661-393-2696 Facsimile: 661-393-6884
33380 Cawelo Avenue
Bakersfield, CA 93308-9575 Water Orders and Operations
Telephone: 661-393-3361 www.northkernwsd.com
NORTH KERN WATER STORAGE DISTRICT
February 16, 2021 TO: ENGINEERING COMMITTEE Directors Andrew and Ackerknecht FROM: Ram Venkatesan RE: Ratify First Amendment to Dirt Excavation Agreement with California Rail
Builders for the High-Speed Rail CP-4 Project RECOMMENDED MOTION: “Ratify staff’s execution of the “First Amendment to the Dirt Excavation Agreement” with California Rail Builders for the High-Speed Rail CP-4 Project.” DISCUSSION: On January 22, 2021 staff sent an email to the Board regarding the execution of First Amendment to the Dirt Excavation Agreement with California Rail Builders (“CRB”). The dirt removal arrangement is consistent with prior spreading pond dirt give-away programs, and will benefit the District and its landowners for continued maximization of groundwater recharge while also reducing the risk of upstream levee failure causing water to escape and potentially damaging neighboring lands. The current agreement with CRB expired end of last year and CRB is requesting an amendment (“Exhibit “A”) that will allow them to continue dirt excavation for their projects. This memorandum requests the ratification of the staff’s execution of the agreement. Attachments: Exhibit “A” – First Amendment to the Dirt Excavation Agreement
Page 1 of 3
AMENDMENT NO. 1 TEMPORARY CONSTRUCTION LICENSE (EXCAVATION AND REMOVAL OF
MATERIAL AND PIPE INSTALLATION) BETWEEN
CALIFORNIA RAIL BUILDERS, LLC AND NORTH KERN IRRIGATION DISTRICT
THIS AMENDMENT (the “Amendment”) effective December 30, 2020 is made to that TEMPORARY CONSTRUCTION LICENSE (EXCAVATION AND REMOVAL OF MATERIAL AND PIPE INSTALLATION) by and between California Rail Builders, LLC (“Contractor”) and North Kern Water Storage District (the “Facility Owner”) with an effective date of April 2, 2019 (the “Agreement”). Facility Owner and Contractor are sometimes hereafter referred to as the “Parties” and each as a “Party.”
RECITALS: WHEREAS, the term of the Agreement may be amended, changed, or modified by mutual consent of the Parties in writing pursuant to Section 2 and 3 therein. NOW THEREFORE, in consideration of the promises and the terms and conditions set forth herein, the Parties agree as follows:
1. Defined Terms. All capitalized terms, not otherwise defined herein, shall have the meanings given such terms in the Agreement.
2. The Parties agree that Section 2 of the Agreement is deleted in its entirety and hereby amended and restated as follows:
The term of this Agreement shall commence on September 1, 2018, shall conclude no later than December 31, 2021 at 5 p.m. (the “Term”), at which time this Agreement shall automatically terminate unless extended by mutual consent of the Parties in writing; provided, however, that Landowner and Facility Owner shall remain entitled to enforce any uncompleted obligations of Contractor.
3. The Parties agree that Section 3 of the Agreement is hereby amended by adding the following:
3.9. The Contractor will load 890 cy of material that is located adjacent to the canal south east of Minterfield and haul it to the Minterfield pond area, within less than 1 mile distance, and as indicated by the Facility Owner. The contractor will also load and haul material from Minterfield ponds to four of the levees on the same area, as indicated by the Facility Owner, considering an average of 1,400 cubic yards per levee (approximate range between 1,200 and 1,600 cubic yards) and a total maximum of 5,600 cubic yards. Material hauled will be counted per
Page 2 of 3
load with 12 cubic yards per each load. The Facility Owner will be responsible for the placement of the material for their own purpose.
4. Entire Agreement. The Agreement, as further modified by this Amendment, constitutes the entire agreement between the Parties with respect to the subject matter of the Agreement and supersedes any and all prior or contemporaneous amendments or understandings with respect to the subject matter of the Agreement, whether express or implied, oral or written. Except as expressly modified by this Amendment, the Agreement shall be and remain in full force and effect in accordance with its terms and shall constitute the legal, valid, binding, and enforceable obligations of the Parties.
[SIGNATURES TO FOLLOW ON NEXT PAGE]
Page 3 of 3
IN WITNESS WHEREOF, the PARTIES hereto have executed this Amendment effective the date indicated in the first paragraph above. NORTH KERN IRRIGATION DISTRICT Name______________________________ Signature____________________________ Date________________________________ CALIFORNIA RAIL BUILDERS, LLC Name______________________________ Signature____________________________ Date________________________________
WONDERFUL NUT ORCHARDS, LLC Name______________________________ Signature____________________________ Date________________________________
RF NUT RANCHES, LLC Name______________________________ Signature____________________________ Date________________________________
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