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
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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
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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
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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
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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
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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
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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
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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
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DAVID BEARD
STEVEN L. TEGLIA
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Attachments: Exhibit A - Scope of Work
INDEPENDENT CONTRACTOR'S AGREEMENT
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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
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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
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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
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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 .
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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