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HomeMy WebLinkAboutAGRMT NO KRGSA 20-003DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 AGREEMENT NO. KRGSA 20-003 INDEPENDENT CONTRACTOR'S AGREEMENT THIS AGREEMENT is made and entered into on `SEP 0-3 1010 , by and between the KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY, ("KRGSA" herein) and DAVID KEITH TODD, CONSULTING ENGINEERS, INC. a California corporation, doing business as TODD GROUNDWATER, a small business enterprise, ("CONTRACTOR" herein). RECITALS WHEREAS, the City of Bakersfield ("City"), Kern Delta Water District ("KDWD"), and Kern County Water Agency on behalf of its Improvement District No. 4 ("ID4") entered into a Memorandum of Understanding (Agreement No. 16- 048) forming the KRGSA on March 30, 2016; and WHEREAS, KRGSA is in need of an experienced consultant to provide technical support for the implementation of KRGSA's Groundwater Sustainability Plan ("GSP"); and WHEREAS, CONTRACTOR has previous experience with KRGSA's GSP and represents that CONTRACTOR is experienced and qualified to provide the necessary support for implementation. 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: assisting the KRGSA in developing and implementing a strategic approach to comply with the SGMA and as further described in Exhibit A, attached hereto and incorporated herein. The scope of work shall include all items and procedures necessary to properly complete the task CONTRACTOR has been hired to perform, whether specifically included in the scope of work or not. 2. COMPENSATION. Compensation for all work, services or products called for under this Agreement shall consist of a total payment not to exceed One Hundred Fifty Thousand Dollars ($150,000.00). 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 INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 1 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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. 9. STANDARD OF PERFORMANCE. All work shall be performed it 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. INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 2 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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 fax 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 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 ("basic INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 3 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 insurance requirements") herein: 18.1 Automobile liability insurance, 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: 18.1.1 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. 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 employer's 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. INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 4 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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. 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" INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 5 of 9 Pages --, r �,`.''�tN�� DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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 orjudicial 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. 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 INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 6 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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, 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 INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 7 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 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 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. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed, the day and year first -above written. KRGSA KERN RIVER GROUNDWATER SUSTAINABILITY AGENCY DocuSigned by: By: RODNEY PALLA Chairman APPROVED AS TO FORM: KRGSA ATTORNEYS ByFDocuSigned by: 2826EHF68�� IV VIRGINIA GENNARO AMELIA T. MINABERRIGARAI RICHARD IGER INDEPENDENT CONTRACTOR'S AGREEMENT CONTRACTOR TODD GROUNDWATER DocuSigned by: By.LL S Sfalvi. w PHYLLIS STANIN Vice President APPROVED AS TO CONTENT: KRGSA MANAGERS DocuSigned by: By: ART CHIANELLO -- Page 8 of 9 Pages -- DAVID BEARD STEVEN L. TEGLIA DocuSign Envelope ID: 1 FD5408C-8453-4067-8D02-AFBD458315F2 Attachments: Exhibit A - Scope of Work INDEPENDENT CONTRACTOR'S AGREEMENT -- Page 9 of 9 Pages -- DocuSign Envelope ID: 1FD5408C-8453-4067(8D02-AF�D458315F2 7_� TODD= GROUNDWATER July 20, 2020 Fp: 4.-0- To: Kern River Groundwater Sustainability Agency (KRGSA) From: Phyllis Stanin, Vice President/Principal Geologist Re: Proposal for Professional Services Technical Support for Groundwater Sustainability Plan (GSP) Implementation As the KRGSA moves forward with implementation of its Groundwater Sustainability Plan (GSP), several key actions have been completed. The KRGSA participated in the preparation of the Kern County Subbasin First GSP Annual Report, which was prepared by Todd Groundwater in coordination with all GSAs in the Subbasin. The Annual Report was submitted to the Department of Water Resources (DWR) on April 1, 2020 in compliance with GSP regulations; contents of the final Annual Report were presented to the KRGSA Board at their public online Board meeting in June. The KRGSA has also been implementing its KRGSA GSP monitoring efforts. Recently, Todd Groundwater worked with each KRGSA manager to develop initial protocols and procedures for implementation of the GSP monitoring network. The KRGSA's first semiannual water level monitoring data were recently compiled and submitted to DWR for uploading onto the online GSP portal. KRGSA managers had planned a coordinated approach to GSP implementation through a series of Managers Meetings, which were scoped to discuss required activities along with roles and responsibilities. The first meeting was originally scheduled in February 2020 but had to be indefinitely postponed due to the State Orders restricting non-essential business gatherings in response to the COVID-19 pandemic. In the interim, Todd Groundwater has been asked to identify technical activities that are required for GSP implementation in the remainder of 2020 - 2021 and to provide a proposal to the KRGSA for accomplishing these tasks. Key implementation activities targeted for the remainder of 2020 and early 2021 are summarized below and discussed in more detail in the following scope of services: • Prepare data sets and analyses for the 2021 Second GSP Annual Report for the KRGSA Plan Area. • Coordinate and manage GSP monitoring activities. 2490 Mariner Square Loop, Suite 215 1 Alameda, CA 94501 1 510 747 6920 1 toddgroundwater.com DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 o Review ongoing monitoring for compliance with the GSP. o Identify wells that can no longer be monitored and recommend replacement wells, make subsequent modifications to the GSP network on the SGMA online portal (referred to as the Monitoring Network Module (MNM)). o Develop a KRGSA water level database. o Compile and analyze water quality data from ongoing monitoring programs and develop procedures for future water quality analyses. o Review and analyze data from the Regional Water Quality Control Board clean-up sites in the Urban MA to protect against migration of contaminant plumes from industrial sites to water supply wells as required by the GSP regulations. o Compile and analyze InSAR and GPS data on land subsidence as required in the GSP. • Provide "as needed" technical consultation and analysis. • Review and respond to technical comments submitted on the GSP. These technical services guide the GSP through the first full implementation period for GSP monitoring, data development, and reporting through submittal of the Subbasin Second GSP Annual Report on April 1, 2021. Additional tasks and associated costs for the remainder of 2021 will be easier to develop at that time, especially if DWR feedback on the GSPs are made available. DWR has already provided some comments on the details of the GSP monitoring program but has not yet commented on its adequacy. In addition to these activities, KRGSA managers are encouraged to review GSP Section 7 - Projects and Management Actions and Section 8 -Implementation Schedule to check that progress is being made at all levels of the GSP. If Todd Groundwater can assist with activities related to these actions, we would be happy to augment this proposal to do so. SCOPE OF SERVICES A scope of services has been organized into tasks and subtasks following the bullet outline presented above. An estimated cost associated with each task is included in the proposed budget section that follows the scope of services. The overall project schedule considers deadlines for reporting of monitoring data and submittal of the Second GSP Annual Report by April 1, 2021. Task 1. Prepare Data and Analyses for the Subbasin GSP 2nd Annual Report The Subbasin Second GSP Annual Report covers the reporting period of Water Year (WY) 2020, from October 1, 2019 through September 30, 2020. Although the report is not due until 2021, it relies on data and information currently being collected including GSP monitoring data. The First GSP Annual Report was compiled quickly to meet the expedited PROPOSAL -Technical Support for GSP DRAFT Implementation 2 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 deadline, which occurred only two months after the final GSP was submitted to DWR. For this Second GSP Annual Report, we have additional time to compile and analyze the information to comply with reporting requirements. For the Second GSP Annual Report, it is assumed that the Kern Groundwater Authority (KGA) will take responsibility for compilation and analysis of local GSA data (including the KRGSA) into one comprehensive Annual Report for the Kern County Subbasin as was done for the First GSP Annual Report. As occurred during that project, all GSAs will likely be asked to share costs associated with the basin -wide effort. Those costs are not included in this task and budget, which is for the KRGSA only. In addition, GSAs including the KRGSA, will be asked to provide data sets for Subbasin-wide analyses such as the update and application of the Subbasin integrated surface water - groundwater model (C2VSimFG-Kern). As in the First GSP Annual Report, it is assumed that C2VSimFG-Kern will be used to develop Subbasin-wide extraction maps and changes in groundwater in storage. It is further assumed that the Subbasin will also provide the METRIC data needed for agricultural demand analysis in the model. This task involves developing KRGSA data sets and analyses needed by the KGA for model updates and other requirements for the Subbasin GSP Annual Report. Activities included in this task are as follows: • Compile GSP water level monitoring measurements from the 39 KRGSA monitoring wells (monthly or semiannual records, depending on the well). • Generate 39 hydrographs and analyze compliance with sustainable management criteria (including minimum thresholds and measurable objectives). • Collect and analyze data from the Kern River Hydrographic Reports, coordinating with the City of Bakersfield, who develops and manages these data sets. • Collect and prepare KRGSA water data sets (e.g., banking, managed recharge, District pumping, urban pumping, etc.) for incorporation into the C2VSimFG-Kern model and for use in a KRGSA water budget update. (As indicated above, costs for model updates and simulations are not included in this proposal and are assumed to be shared among all Subbasin GSAs as part of the KGA Annual Report process). • Describe the progress by the KRGSA on GSP Projects and Management Actions and document their effectiveness for sustainable groundwater management. • Develop local KRGSA checkbook water budgets for local analysis of GSP progress in the KRGSA. Costs for this task are based on those expended on similar tasks for the First GSP Annual Report. Although additional work will be required for the Second Annual Report because of the additional data being compiled, the process may be more efficient because we know what data sets may be available and when. We will develop data request sheets early in the PROPOSAL -Technical Support for GSP DRAFT Implementation 3 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD4583151`2 process -and begin compilation of final data sets as soon as the GSP Annual reporting period has been completed (September 30, 2020) or as soon as data sets are available'. Task 2. Coordinate GSP Monitoring Activities and Analyze Data (2020-2021) While Task 1 represents continuation of the Subbasin annual reporting effort, this task focuses on KRGSA. GSP monitoring and analyses as described in GSP Section 6.2 -Monitoring Networks. This task considers the GSP monitoring requirements and available monitoring data, presents how best to analyze it for the KRGSA and conducts needed analyses. As described in the KRGSA GSP (Section 6.2), the GSP monitoring network consists of both direct KRGSA water level measurements and indirect data collection by others for separate monitoring programs in the Subbasin (including water levels, water quality, and land subsidence data). Accordingly, this task includes communication with KRGSA managers to confirm that active monitoring is occurring, including collection of data by others for incorporation into the overall program. This task considers both established monitoring requirements in the GSP (Section 6) and improvements to the monitoring network as outlined in the Management Actions (see Section 7.2.8 in the GSP). Conduct Water Level Monitoring Activities Over the last two months, Todd Groundwater has communicated and coordinated separately with each of the KRGSA managers, working to distribute responsibility for water level monitoring of the 39 GSP wells among the City of Bakersfield, Kern Delta Water District (KDWD), and Improvement District 4 (ID4) (see Figure 6-1 of the GSP for well locations). In addition, Todd Groundwater has coordinated with the KRGSA managers to obtain monitoring data being measured by others. Specifically, wells in the KRGSA GSP monitoring network are monitored by Kern County Water Agency (KCWA), which is being funded by ID4 in addition to the ID4-specific water level monitoring program. Water level data from Greenfield County Water District GSA is being compiled and managed by KDWD. Water level data from California Water Service (Cal Water) and East Niles Community Services District (ENCSD) are being compiled and managed by the City of Bakersfield. Todd Groundwater has also been working with each of the KRGSA managers to support data collection with the frequency required by the GSP (at least semi-annually or monthly, depending on the KRGSA well). After GSP monitoring began in 2020, four wells were determined to be inaccessible, requiring ongoing modification of the monitoring network. For example, one GSP well in the Agricultural MA is no longer accessible due to well problems. Three wells in the Urban MA that were previously monitored by KCWA and DWR have now been dropped from these programs. These types of issues were anticipated in the GSP and are consistent with the Management Action of improving the GSP monitoring network within the first five years of implementation (Section 7.2.8). ' We recognize that multiple data sets being developed for the Kern River Hydrographic Report will not be available until first quarter 2021, close to the April submittal date. PROPOSAL -Technical Support for GSP DRAFT Implementation 4 TODD GROUNDWATER a A . DocuSign Envelope ID: 1 FD5408C-8453-4067-8D02-AFBD458315F2 This task includes Todd Groundwater working with KRGSA managers to identify replacement wells and developing well data to incorporate them into the official SGMA2 monitoring network for the KRGSA GSP. Deletion and replacement of both well and water level data will be recorded on the Monitoring Network Module (MNM) as part of the SGMA online portal. In addition, new sustainable management criteria including minimum thresholds (MTs) and measurable objectives (MOs) will need to be developed for each replacement well based on the historical water levels of the replacement wells (or nearby wells). This task also includes preparation of a brief Technical Memorandum (TM) to document the following with respect to the GSP water level monitoring network: • Roles and responsibilities associated with each KRGSA manager regarding ongoing GSP water level monitoring and reporting. • Changes to the GSP monitoring network with regard to wells added or deleted and documentation of changes to the network on the SGMA portal MNM. • Compliance with selected MTs and MOs for the KRGSA water level network. • Recommendations on future improvements to the GSP water level monitoring program. Conduct Water Quality Monitoring Activities During the GSP analyses, arsenic was identified as the KRGSA primary water quality constituent of concern. Concentrations of arsenic, as a naturally -occurring contaminant, appears elevated in deeper KRGSA groundwater and increases with declining water levels in wells primarily in the Urban MA. As such, water levels are used as a proxy for water quality monitoring for arsenic in the KRGSA. As a cost saving measure and to avoid duplication of sampling by others, the KRGSA is not required to sample KRGSA monitoring wells directly for other water quality constituents of concern. Rather, the KRGSA is required to compile water quality data from municipal monitoring networks and small community water systems - as publicly available - and to document the data for continued water quality monitoring. Data available through the Irrigated Lands Regulatory Program (ILRP) will also be compiled. In addition to these two ongoing water quality monitoring programs, focused analysis is needed for data from sites regulated by Central Valley Water Board cleanup programs (identified in Table 3-4 of the GSP). As required in the GSP, data from these sites will be reviewed to identify any groundwater contamination plumes that may require consideration to protect municipal wells and to avoid the spreading of plumes through groundwater pumping. This analysis will identify the key sites, monitoring wells, and primary constituents for consideration in wellfield operations or future data compilation. Z SGMA - Sustainable Groundwater Management Act (Part 2.74 of Division 6 of the California Water Code, beginning with Section 10720). PROPOSAL -Technical Support for GSP DRAFT Implementation 5 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 This task will, for the first time, provide specificity as to the types, locations, and quantity of water quality data to be compiled going forward and will define future actions needed for GSP water quality monitoring compliance. This task also includes preparation of a brief TM to document the following with respect to the GSP water quality monitoring program: • Summary of arsenic analyses in the Urban MA since the GSP was adopted. • Summary of water quality data collected by others and incorporated into the water quality monitoring program. • Description of contaminant plumes, if any, having the potential to impact drinking water wells, and the potential for pumping to spread the plumes. • Documentation of the data and sources to be used in future analyses including the key water quality constituents as mapped in the KRGSA. • Recommendations on water quality analyses for the future. Conduct Land Subsidence Monitoring Activities The GSP monitoring program for land subsidence (Section 6.2.6 in the GSP) incorporates a multi -faceted monitoring approach consisting of direct water level monitoring and compilation of data from others. Additional monitoring sites include GPS Stations in the KRGSA monitored by the Scripps Orbit and Permanent Array Center (SOPAC) and InSAR data published online by DWR. In addition, the KRGSA is participating in a Subbasin-wide investigation to avoid potential undesirable results from future inelastic land subsidence near critical Subbasin infrastructure such as the California Aqueduct. For this task, Todd Groundwater will compile and review data from the GPS and InSAR monitoring networks for incorporation into the GSP monitoring network. We will document these data in a brief TM with respect to the GSP inelastic land subsidence monitoring program: • Estimated changes in land subsidence as indicated by the GPS stations (locations are on Figure 6-4 in the GSP). • Estimated changes in land subsidence from the InSAR monitoring networks with a focus on the square miles identified for monitoring in the GSP (see Figure 6-4 in the GSP). • Comparisons with historical land subsidence data and discussion of local inconsistencies, if any. • Impacts of these changes on the KRGSA including the potential for undesirable results. • Compliance with land subsidence MTs and MOs in the southern Agricultural MA. PROPOSAL -Technical Support for GSP DRAFT Implementation 6 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 • Recommendations on improvements to the GSP water level monitoring program, if any. Prepare Monitoring Activities TM The three draft TMs mentioned above will be compiled into a combined TM relating to the GSP monitoring program for WY 2020 and describing GSP monitoring activities from October 1, 2019 through September 30, 2020 to conform to the reporting period associated with the GSP Annual Report. This TM can be maintained in KRGSA files to document performance of GSP-required tasks and allow KRGSA managers to consider additional modifications to future GSP monitoring networks, as needed. Although communications associated with these subtasks are assumed to occur primarily via conference calls, emails, and/or scheduled webinars, it is our understanding that the KRGSA would ultimately like to hold two in-person monitoring workshops in Bakersfield involving technical consultants. At this time, our current budget (separate from tasks in this proposal) has sufficient funds for travel to these two workshops. Accordingly, no additional costs for travel are included in the proposed budget associated with these tasks. Task 3. Provide "As Needed" Consultation and Analysis From time to time, issues associated with the KRGSA GSP have been identified that require technical consultation and analysis. In these cases, the level of effort is relatively small and often involves a brief but immediate technical response. Two examples of these issues include the following: Operators of the Round Mountain Oilfield submitted an Aquifer Exemption application to the California Geologic Energy Management Division (CaIGEM, formerly DOGGR) to inject oilfield -produced water into the lower aquifers of the KRGSA groundwater basin as defined by the KRGSA GSP. The State Water Resources Control Board coordinated with the KRGSA to protect aquifers that represent either current or future sources of drinking water. • A recharge project has been proposed on lands adjacent to the KRGSA (McAllister Ranch), suggesting the need for a technical review related to impacts to either Subbasin groundwater or the KRGSA GSP. To fund these short-term consultations, a not -to -exceed budget of $4,000/month is proposed (about 16 professional labor hours). Todd Groundwater will seek written (email) approval prior to expending funds from this task. It is anticipated that these issues will be sufficiently small to handle within this level of effort. If consultation and analysis appears to be beyond the level of effort or then - remaining budget associated with this task, Todd Groundwater will notify the KRGSA managers and prepare a proposal for budget augmentation at that time. PROPOSAL -Technical Support for GSP DRAFT Implementation 7 TODD GROUNDWATER DocuSign Envelope ID: 1 FD5408C-8453-4067-8D02-AFBD458315F2 Task 4. Prepare Master Responses to Technical Comments Submitted on the GSP About 13 comment letters' were received on the KRGSA GSP during and after the public comment period, which ended June 3, 2020. A few are either non-technical or do not require a technical response. The longest comment letter requiring a technical response consists of a 34 -page critique of the GSP from the Leadership Counsel for Justice and Accountability, which also includes a 304 -page technical exhibit containing both a technical analysis of the GSP and numerous guidance documents for KRGSA use. Many of the comments in the Leadership Counsel's letter both repeat and expand on their previous two comment letters to the KRGSA. Several letters address the same technical issues or items, including groundwater dependent ecosystems, land subsidence, or impacts to private domestic wells. To respond to multiple comments on similar technical issues, Todd Groundwater will prepare up to three master technical responses to address multiple comments with one response. These master responses will also provide the proper context in which issues are addressed in the GSP. Appropriate analyses located throughout the GSP can be referenced along with relevant tables and figures that support the response. Although GSP regulations do not require that all comments are provided a formal response (such as is required in a CEQA document, for example), the master responses can be developed into more official responses to specific comments, as needed. PROPOSED BUDGET The estimated cost for each of the four tasks described above total $147,974, as presented on Table 1 following the text of this proposal. Costs are developed to April 1, 2021 to support the submittal of the 2nd Annual Report. Anticipated tasks and associated costs needed for the remainder of 2021 will be more easily developed at that time. As shown on Table 1, Task 1 is expected to cost about $41,015 and includes development and analyses of the various data sets needed for the Subbasin Second GSP Annual Report. The data sets will be used with other Subbasin-wide data sets in the update of the C2VSimFG-Kern Model and will also be expanded and supplemented to produce a checkbook water budget for the KRGSA to compare to similar water budget analyses included in the KRGSA GSP. Task 2 total costs are estimated at about $68,460 and are categorized according to the components of GSP monitoring. These activities require a relatively significant level of support for this first year of the monitoring programs; the goal is to provide a foundation for future monitoring. Although monitoring support may also be needed in 2021, costs will likely be less, especially for the water quality monitoring activities. In addition, if these 3 Two letters were received from the same party with the second letter correcting the first; one comment letter is actually a long technical exhibit submitted as part of another comment letter; two of the comment letters were received after the comment period had closed. PROPOSAL -Technical Support for GSP DRAFT Implementation 8 TODD GROUNDWATER DocuSign Envelope ID: 1 FD5408C-8453-4067-8D02-AFBD458315F2 programs are well-maintained and documented over the next four years, the evaluation needed for the first Five -Year Report will be easier to develop. As mentioned in Task 2, communications associated with these activities are assumed to be held via webinar meetings, especially in the near term (e.g., GotoMeeting-type web venues). It is our understanding that the KRGSA would prefer to hold in-person manager meetings with technical consultants as soon as possible'. Because Todd Groundwater has a currently - approved budget that remains sufficient to cover travel expenses, no additional travel expenses are included herein. Meetings for 2021 can be determined at a later date, as needed. Costs for the "As Needed" services associated with Task 3 are estimated at $4,000/month for the remainder of 2020 (total $20,000). Similar costs can be added to extend these services into 2021 if the KRGSA prefers. Finally, costs for the preparation of master responses to GSP comment letters in Task 4 are estimated at about $18,500 and can begin immediately with a notice to proceed. SCHEDULE An overall schedule in Table 2 (attached to the end of this proposal) illustrates the task development over the next nine months. All of the tasks can begin immediately, but each is associated with a different end date. As indicated on the schedule, Task 1 will be completed by April 1, 2020, the deadline for the Annual Report submittal to DWR. Although activities associated with the tasks are shown as continual on the schedule, the level of effort will vary over time. Initially, Todd Groundwater will work to provide data request templates for the information needed. However, much of the data will not be available until late in the period. Activities associated with Task 2 are the most critical with respect to schedule because it may take time to incorporate replacement wells into the GSP monitoring network. It will also take time to analyze water quality data and develop the procedures for both water quality and land subsidence data collection and analysis into the future. In addition, significant data collection is needed to support the work associated with the water quality and land subsidence tasks, a process which typically adds time to a task. As shown on Table 2, the "As Needed" services of Task 3 will extend through 2020. For Task 4, master responses to GSP technical comments can be completed within a couple of months after notice to proceed. ' Non-essential business meetings and travel have been restricted in recent months by the State and County Health Departments because of health concerns related to the spread of COVID-19. PROPOSAL —Technical Support for GSP DRAFT Implementation 9 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 CLOSING Please let us know if you have any questions regarding the work described herein or if you need modifications to the scope, budget, and/or schedule. We stand ready to continue our assistance of GSP implementation. PROPOSAL -Technical Support for GSP Implementation DRAFT 10 TODD GROUNDWATER DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 Table 1: PROPOSAL - GSP Implementation and Reporting - 2020-2021 Todd Groundwater Job Name: GSP Implementation and Reporting -2020 Job Descripgon: Provide GSP MOiementagon and Rem no Technkal Support Client: Kern River Groundwater Sustainability Agency Dale: 7120/2020 2020 Noud Rates OWgC Renew $20 pdnciDal I pM 5260 Senbr Modeler S235 Senior Engineer $230 AsaocUrs, 0-t(Entl $180 S.ff E %Alydro 5160 TOUI Ubor Moura Total Labor 2A Comm Fre GIS 1 Data Analyst $130 Admin Cos. $120 Other DuM Coats 10% Expense Fee Total Co.. Task 1: Prepare data and analyses for the Subbasln GSP 2nd Annual Repo" Upsets water lew.and prepare MGM hydro0.phs Work- Caron I(em RWr fl-. dNambm. orb I.-, for madol upda.. Dawlop da..a. for banking. MWD Pumping, and manasadrochargo for model up&.. Ootolop pumpog data for municipal.=oil water systems, aM do.. -wags far modal lPdats.. f.,ZG.h..kbr.k ptharmisc. daU so. needed for KRGSA chockbookwater budpa.. Deacnbs pros.., on GSP prole,. and manageme. odors. Dawlop cmeld,00k water budge. for MGM kdarral 2 8 W 26 S 5720.00 $ 104.40 S S i 3 5 5,324 2 6 24 32 S 7430.00 $ 148.60 3 E S E E 7,579 1 4 2429 $ 6710.00 $ 13420 $ $ $ 3 $ 6.844 1 8 9 $ 2.090.00 5 41M 5 S S $ S 2,132 t 18 17 E 393000 78.60 E 4 S E - S 4009 161 16 S 40000() $ 80.00 $ $ S E $ 4.080 12 32 4d 3 10.360.00 $ 207.20 $ E 480.00 E E S 11.047 Task 1 Budget 35 10 112 16 173 $ 39,740.00 $ 79490 $ - $ 480.00 $ $ $ 61,015 Task 2: Coordinate KRGSA GSP Monitoring Activities and Analyte Data Conduct Water Lawl M.ak.ing ActiWOos Corleudwa.r Dually Mandarins Ace , Land Substlerrca Monloring ACtibo, M,rsamg Protna, TM 1 32 40 73 $ 15,450.00 $ 309.00 3 $ $ $ $ 15,759 1 32 32 40 W 161 3 31.210.00 S 62420 S 2.080.00 S S 10000 $ 10.00 $ 34.024 1 12 4 12 16 45 $ 9.830.00 $ 196.60 $ 520.00 $ $ $ S 10,547 6 zd 30 S ]500.00 8 15000 S S 480.00 E E $ SAW Task 2 Budget 9 100 4 dd 96 w 309 S 69,990.00 $ 1.279.80 S 2,600.00 S 480.00 S 100.00 S 10.00 S 68A60 Task 3: Provide 'As Needed' GSP Consultation AssUne$4,W .-th for 5 ...0, (16 1.., h Y..) 60I 20 80 E 18.60000 $ 372.00 S 650.101 1 E 15000 S 207.00 S 20.70 S 20000 Task 3 Budget 60 - 20 - 80 $ 18.600.00 $ 37200 $ 650.00 I $ 160.00 S 207.00 $ 20.70 S 20,000 Task 4: Prepare Master Responses to GSP Technical Continents Ravbw GSP Cammont letter end.ch coal analyses ...Na,todaU P. re .Woo Ma4ar Ra as oppropre. O�Task 18 16 $ 4.000.00 E 80.00 S $ 5 3 S 4,080 8 dd 52 S 1300000 $ 260.00 3 104000 S 120.00 S $ - $ 16420 4 Budget 8 60 0 O 0 0 68 S 17.000.00 S 340.00 S 1,040.00 S 120.00 S $ $ 18.600 Total Bud et 17.00 255.00 14.00 156.00 132.00 66.00 630 S 139.330 S 2.787 E 4,290 S 1.230 S 307 E 31 147.974 Proposal -GSP Implementation and Reporting Page 1 of 1 TODD GROUNDWATER 1 DocuSign Envelope ID: 1FD5408C-8453-4067-8D02-AFBD458315F2 Table 2: Proposed Schedule for 2020-2021 GSP Implementation and Reporting Activities TASK 2020 2021 Aug Sep Oct Nov Dec Jan Feb Mar Apr 1 Prepare Data and Analyses for Subbasin GSP 2nd Annual Report _ _ Report Report 2 Coordinate KRGSA GSP Monitoring Activities and Analyze Data 3 Provide "As Needed" GSP Consultation 4 Prepare Master Responses to GSP Technical Comments Proposal - GSP Implementation and Reporting Page 1 of 1 TODD GROUNDWATER