HomeMy WebLinkAboutAGRMT NO KRGSA 22-001(1)AGREEMENT NO. KRGSA 22-001(1)
INDEPENDENT CONTRACTOR'S AGREEMENT
THIS AMENDMENT NO. 1 TO AGREEMENT No. KRGSA 22-001 is made and
entered into on OCT 0 6 2022 , by and between the KERN RIVER
GROUNDWATER SUSTAINABILITY AGENCY, ("KRGSA" herein) and TODD
GROUNDWATER, a small business enterprise, ("CONTRACTOR" herein).
RECITALS
WHEREAS, On April 7, 2022, the KRGSA and CONTRACTOR entered into
Agreement No. KRGSA 22-001 in the amount of $100,100.00 for assistance with
SGMA compliance and GSP monitoring and reporting activities through calendar
year 2022, including but not limited to responding to the DWR Determination
Letter; and
WHEREAS, KRGSA is requesting additional work that requires Agreement No.
KRGSA 22-001 to be amended; and
WHEREAS, KRGSA and CONTRACTOR now desire to amend Agreement No.
KRGSA 22-001 to broaden the scope of work, increase the compensation by
$92,200.00, and extend such activities through calendar year 2023 as shown in
Exhibit A (attached to Agreement No. KRGSA 22-01) and Exhibit B, attached
hereto and incorporated by reference herein, for a new total amount that shall
not exceed $192,300.00.
NOW, THEREFORE, incorporating the foregoing recitals herein, KRGSA and
CONTRACTOR mutually agree to amend Agreement as follows:
1. Section 1 of Agreement No. KRGSA 22-001, entitled "SCOPE OF
WORK" is hereby amended to read as follows:
1. SCOPE OF WORK. The scope of work is described as: assisting the
KRGSA in developing and implementing a strategic approach to
comply with SGMA as further described in Exhibits A and B. The
scope of work shall include all items and procedures necessary
to properly complete the task CONTRACTOR has been hired to
perform, whether specifically included in the scope of work or
not.
INDEPENDENT CONTRACTOR'S AGREEMENT
September 28, 2022
-- Page 1 of 3 Pages --
2. Section 2 of Agreement No. KRGSA 22-001, entitled
"COMPENSATION" is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products
called for under this Agreement shall consist of a total payment
not to exceed One Hundred Ninety -Two Thousand Three
Hundred Dollars ($192,300.00). The compensation set forth in this
section shall be the total compensation under this Agreement
including, but not limited to, all out-of-pocket costs and taxes.
KRGSA shall pay only the compensation listed unless otherwise
agreed to in writing by the parties.
3. Except as amended herein, all other provisions of Agreement No.
KRGSA 22-001 as amended shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
1 to Agreement No. KRGSA 22-001 to be executed the day and year first above
written.
KRGSA
KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY
By: �_�z
RODNEY PALLA
Chairman
CITY OF BAKERELD
WATER RESO ES DEPARTMENT
M
GAR$AALLEN
Acting Water Resources Manager
CONTRACTOR
TODD GROUNDWATER
2
PHYLLIS STANIN
Vice President
KERN DELTA WATER DISTRICT
By:
STEV LIA
General Manager
[ADDITIONAL SIGNATURES ON NEXT PAGE]
INDEPENDENT CONTRACTOR'S AGREEMENT
September 28, 2022
-- Page 2 of 3 Pages --
DocuSign Envelope ID: 976DA9C0-484E-48DA-AB14-7286EEF9BEA1
2. Section 2 of Agreement No. KRGSA 22-001, entitled
"COMPENSATION" is hereby amended to read as follows:
2. COMPENSATION. Compensation for all work, services or products
called for under this Agreement shall consist of a total payment
not to exceed One Hundred Ninety -Two Thousand Three
Hundred Dollars ($192,300.00). 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. Except as amended herein, all other provisions of Agreement No.
KRGSA 22-001 as amended shall remain in full force and effect.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No.
1 to Agreement No. KRGSA 22-001 to be executed the day and year first above
written.
KRGSA
KERN RIVER GROUNDWATER
SUSTAINABILITY AGENCY
LIN
RODNEY PALLA
Chairman
CITY OF BAKERSFIELD
WATER RESOURCES DEPARTMENT
0
GARY HALLEN
Acting Water Resources Manager
CONTRACTOR
TODD GROUNDWATER
DocuSigned by:
j��C,c?(,(.is Sfa�n itn,
By: R514911=81=471".
PHYLLIS STANIN
Vice President
KERN DELTA WATER DISTRICT
STEVEN L. TEGLIA
General Manager
[ADDITIONAL SIGNATURES ON NEXT PAGE]
INDEPENDENT CONTRACTOR'S AGREEMENT
September 28, 2022
-- Page 2 of 3 Pages --
1AGENCY,
11 OvRiGINAL .
APPROVED A� O FORM:
VIRGINIA G NARO
City Attor
VBy:
VLiGINIA - ENNARO
City Attorney
COUNTERSIG
By:
RAN§4 MC AN
Finance Director
VGK/vlg
Attachments: Exhibit B- Scope of Work
APPROVED AS TO FORM:
By:
RICHARD IGER
General Counsel
KERN COUNTY WATER AGENC
By:
DAVID BEARD
General Manager
APPROVED AS TO FORM:
By. cT.
AMELIA T. MINAS RR GARAI
General Counsel
S:\WATER\KRGSA\Agrs\22-23\TODD Groundwater.KRGSA.GSP.2022.Amend l .docx
INDEPENDENT CONTRACTOR'S AGREEMENT
September 28, 2022
-- Page 3 of 3 Pages --
Exhibit B
GROUNDWATER
September 27, 2022
REVISED DRAFT PROPOSAL
To: Kern River Groundwater Sustainability Agency (KRGSA) Managers
Art Chianello, Water Resources Manager, City of Bakersfield
Steve Teglia, General Manager, Kern Delta Water District
David Beard, General Manager, Improvement District 4
From: Phyllis Stanin, Vice President/Principal Geologist
Re: Proposal for GSP Consulting Services for Calendar Year 2023
Technical Support for GSP Implementation
Since the successful submittal of its amended Groundwater Sustainability Plan (GSP) in July
2022, the Kern River Groundwater Sustainability Agency (KRGSA) has continued with GSP
implementation in compliance with the Sustainable Groundwater Management Act (SGMA).
Currently, the KRGSA is planning for upcoming activities in 2023, including the Fourth (4th)
GSP Annual Report covering Water Year (WY) 2022'. The KRGSA has requested this proposal
from Todd Groundwater to provide technical support for its portion of the Subbasin-wide
Annual Report, along with other GSP-related activities in 2023.
In a separate but related proposal, the Kern County Subbasin GSAs (including KRGSA) have
asked Todd Groundwater for a proposal to prepare the 4th GSP Annual Report for the entire
Subbasin, including an update of the Subbasin-wide C2VSim-Kern model. As in previous
years, GSAs will provide local water budget data to Todd Groundwater for incorporation into
the model. The proposal for the Subbasin-wide Annual Report and model update is in
development and will be provided to Subbasin GSAs in the coming weeks for review.
The proposal included herein includes tasks to coordinate with the Subbasin-wide Annual
Report by developing KRGSA-specific information, data, and analyses. This arrangement is
consistent with the workflow for the three previous annual reports in the Subbasin. The
KRGSA tasks will support both the model update and annual reporting requirements in the
Amended KRGSA GSP involving a "checkbook" water budget, land subsidence, and water
quality. For 2023, Todd Groundwater will also conduct analyses associated with a new
Management Action for tracking domestic wells as described in the Amended KRGSA GSP.
These tasks, along with additional tasks for other GSP-related activities for 2023, are
described in this proposal.
1 WY 2022 extends from October 1, 2021 through September 30, 2022.
2490 Mariner Square Loop, Suite 215 1 Alameda, CA 94501 1 510 747 6920 1 toddgroundwater.com
1 Yi'ENICIN
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PREVIOUS SCOPE OF WORK AND APPROACH FOR 2023
Todd Groundwater has been assisting the KRGSA with a variety of tasks in 2022, most of
which were associated with two primary items:
Support for the Third (3`d) GSP Annual Report covering WY 2021, including data
compilation for the regional model update and KRGSA-specific analyses. The 3rd GSP
Annual Report was submitted to DWR by the April 1, 2022 deadline.
Development of an Amended KRGSA GSP in response to a DWR Determination
Letter that evaluated all GSPs in the Kern County Subbasin. In that letter, DWR
found that the Kern County Subbasin GSPs were collectively "incomplete" and
provided deficiencies and recommended corrective actions. All Subbasin GSAs,
including the KRGSA, coordinated on amended GSPs. The Amended KRGSA GSP was
submitted to DWR in accordance with the July 27, 2022 deadline.
The scope and budget for these two 2022 work items have now been completed. The only
remaining task for 2022 involves technical support for Fall 2022 monitoring, as needed.
DWR is currently evaluating the Amended KRGSA GSP — along with the other five amended
GSPs in the Subbasin —for a final collective determination on SGMA compliance. The
schedule for this final determination is unknown, but it is our understanding that DWR may
complete their findings by December 2022. That determination may trigger the need for an
additional response or technical support activities in 2023. However, because of the
uncertainty with this process, it is not feasible to develop a reasonable scope and budget for
that work at this time. If additional activities are needed, a supplemental scope and budget
can be prepared for a contract amendment once the final determination is available.
For 2023, technical support is focused on the 4th GSP Annual Report — including both data
support for the Subbasin-wide report and local analyses of KRGSA-specific data. Additional
activities are associated with technical support of the GSP monitoring and reporting
program, Subbasin coordination, meetings, and other "as needed" tasks as described below.
SCOPE OF SERVICES
For 2023, GSP-related activities requiring technical support have been organized into the
five following tasks:
Technical support for the 4th GSP Annual Report, including compilation of data
needed for the model update and development of data templates to facilitate
future upload and storage of data in the online Data Management System (DMS).
Annual KRGSA data analyses as required in the Amended KRGSA GSP including a
"checkbook" water budget, tracking of active domestic wells, documentation of dry
domestic wells, analysis of groundwater quality, and evaluation of land subsidence.
• Additional tasks involve coordination with the other GSAs on Subbasin-wide projects
such as the Basin Study and Subbasin investigations on land subsidence.
KRGSA PROPOSAL
GSP Technical Support 2023
TODD GROUNDWATER
• Support for the ongoing Monitoring and Reporting Program, including evaluations of
MT exceedances and potential mitigation actions.
• Additional "as needed" hydrogeological consultation by the KRGSA.
Explanation and assumptions associated with these tasks are described below, followed by a
proposed budget and schedule.
Task 1. Support the Fourth GSP Annual Report for the Kern County Subbasin
Since 2020, Todd Groundwater has been assisting the KRGSA and other Kern County
Subbasin GSAs with GSP annual reports. To support the upcoming 4th Annual Report, we are
including two separate tasks in this KRGSA proposal. Task 1 involves the data requests and
compilation needed from KRGSA for the model update, which, in turn, supports the
required analyses for the Subbasin-wide annual report. Task involves analyses of KRGSA-
specific data as required by the Amended KRGSA GSP, which will also be summarized in the
Subbasin Annual Report (Task 2 is described in the following section).
Requested data sets will be similar to those requested in previous years and support both
Tasks 1 and 2. Examples of data sets include metered pumping, banking recharge and
recovery (and location of banked water deliveries), wastewater discharge, surface water
deliveries (local and imported), canal recharge (losses), surface water reuse (e.g., for
irrigation), and a reconciliation of ownership of each surface water delivery. Monthly data
will be requested for WY 2022 (October 2021 through September 2022).
For this 4th Annual Report, Todd Groundwater is also developing data templates to facilitate
future upload and storage of KRGSA data in the online DMS. These templates will allow each
agency to upload its own data and information at the end of each WY to support the model
update and future Subbasin annual reports. Templates have already been developed for
other GSAs/member agencies. The KRGSA templates will contain more complexity, given the
number of agencies, diversity of data sources, and specifics associated with ownership of
Kern River water. Todd Groundwater will coordinate directly with KRGSA agencies to
develop templates for the types of data, required formats, and intended use.
This task also includes a summary of KRGSA activities conducted in WY 2022 that support
the Amended KRGSA GSP. These activities include a summary of the monitoring events,
compliance with sustainable management criteria, mitigation measures for declining water
levels (if any), and support of GSP projects and management actions. Todd Groundwater will
collect information from KRGSA agencies and incorporate information into a narrative for
KRGSA review and approval for the Subbasin Annual Report.
As in previous years, Todd Groundwater will present the results of the Subbasin-wide 4th
GSP Annual Report to the KRGSA Board of Directors including Subbasin-wide water use
tables and modeling results.
KRGSA PROPOSAL
GSP Technical Support 2023
TODD GROUNDWATER
Task 2. Analyze KRGSA Data in Compliance with the Amended KRGSA GSP
In its Amended KRGSA GSP, the KRGSA has committed to annual analyses of specific data
sets to supplement water level monitoring and improve overall groundwater management.
This task includes the costs for developing these annual analyses and providing a status
report of this work to the KRGSA Managers and the KRGSA Board of Directors. Results of the
analyses will be summarized in a GSP Progress Report to be included in the Subbasin Annual
(described in Task 1). These analyses include:
• GSP groundwater elevation hydrograph analyses and tracking of minimum
threshold (MT) exceedances
• Summary of annual groundwater quality data for constituents of concern
• Annual changes in land subsidence based on InSAR and SOPAC' monitoring
networks published by DWR
• KRGSA "checkbook" water budget analysis.
In addition to these analyses, the Amended KRGSA GSP requires tracking of potential
impacts to active domestic wells, predicting areas of future impacts from water level
declines, and adjusting management actions to avoid widespread impacts, as needed.
A summary of the analyses completed for WY 2022 as listed above will be incorporated into
the GSP Implementation Progress Report for the Subbasin-wide Annual Report (Task 1).
Task 3. Coordinate KRGSA Hydrogeology with the Basin Study
Data from recent Airborne Electromagnetic (AEM) Surveys have recently been developed by
DWR for use in the GSP process. The surveys provide subsurface resistivity data along flight
lines, including several such profiles across the KRGSA. Those data are intended to
supplement hydrogeological data that were used in the GSPs to develop the hydrogeological
conceptual model. On a separate project, Todd Groundwater is assisting the Subbasin GSAs
with a Basin Study, which includes a grant -funded revision to the hydrogeological
conceptual model represented in the Subbasin-wide integrated water resources model
(C2VSim-Kern). That study is incorporating the AEM surveys into their model revisions.
To incorporate these data into the Basin Study, Todd Groundwater modelers are meeting
with each GSA individually to consider GSA -specific data and how AEM data best fit with the
current GSP hydrogeological conceptual model. Because Todd Groundwater also developed
the Amended KRGSA GSP, we are well -suited to conduct a more focused evaluation of AEM
data for a better understanding of subsurface conditions that affect groundwater in the
KRGSA.
2 SOPAC refers to the Scripps Orbit and Permanent Array Center, who conducts ground surface
elevation monitoring in the KRGSA.
KRGSA PROPOSAL
GSP Technical Support 2023 4 TODD GROUNDWATER
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Accordingly, Todd Groundwater has added this additional task to modify the current
conceptual model with the AEM data to better inform the numerical model revisions.
Task 4. Provide Technical Support for the GSP Monitoring and Reporting Program
GSP monitoring activities are being handled by agency staff; assistance by Todd
Groundwater will only likely be needed in the event of network modifications or additional
MT exceedances. In addition, some monitoring procedures may require adjustments in
compliance with the Subbasin-coordinated changes to monitoring protocols in the Amended
KRGSA GSP.
Some changes may also be necessary to the monitoring network overtime, requiring
additional technical assistance. For example, one representative monitoring well (RMW) was
recently removed from the network due to a casing obstruction. Another well could not be
accessed due to downhole equipment and may need to be replaced. In addition, several
monitoring wells associated with the City's wastewater treatment plant (WWTP) ponds may
be de -commissioned, providing an opportunity to add one or more of those dedicated
monitoring wells to the network.
Todd Groundwater will assist with technical justification for new or replacement RMWs in
the network and develop sustainable management criteria for those wells. We will also
assist with incorporation of templates and data needed for RMW network revisions by DWR.
In addition, the current network relies on some active production wells, which can adversely
impact access for monitoring and affect static water level readings. The KRGSA would like to
replace some of those active wells with dedicated monitoring wells over time. Todd
Groundwater would be pleased to assist with the prioritization and recommendations for
those future improvements.
Agency staff will continue to upload routine semi-annual (or monthly as needed) monitoring
data to the DMS for transfer to the DWR online Monitoring Network Module (MNM) on the
SGIVIA portal. For calendar year 2023, Spring and Fall monitoring results are required to be
uploaded to the MNM by June 1, 2023 and January 1, 2024, respectively.
Task S. Provide Technical Consultation on an As Needed Basis
From time to time, the KRGSA identifies a new issue that requires technical support for
unanticipated analyses. In the past, the KRGSA has handled these issues through an "as
needed" task. Examples of previous unanticipated issues include an aquifer exemption
application in the KRGSA, an Executive Order from the Governor on well permits, and an
environmental impact report (EIR) for a new banking project proposed in the KRGSA. Todd
Groundwater is including this task to cover these on -call consultation services.
This task also includes attendance at monthly KRGSA Manager meetings to provide input on
any pressing matters involving GSP-related groundwater management. Attendance at
KRGSA Board meetings and Subbasin-wide coordination meetings could also be covered
KRGSA PROPOSAL
GSP Technical Support 2023 5 TODD GROUNDWATER
under this budget if not already covered under a previous task (e.g., the Annual Report or
Basin Study). In addition, Todd Groundwater could also attend Subbasin coordination
meetings on technical issues such as subsidence, subject to KRGSA approval and if funds
allow.
Although the level of effort required to support this task is unknown, approximately six
hours per month is estimated as a placeholder for this task based on previous work.
Assuming 2022 hourly rates for the Principal -in -Charge, Phyllis Stanin, monthly costs would
average about $1,650/month for a maximum annual budget of $19,800. If no activities are
identified for this task in any given month, there will be no charges.
PROPOSED BUDGET
The estimated cost for each of the five tasks and the total costs are presented on Table 1
below above. As shown the proposed budget for calendar year 2023 totals about $92,172.
Table 1: Estimated Budget for Calendar Year 2023
Task
Support Subbasin-wide Annual Report
Cost
$10,860
2.
Analyze WY 2022 Data Sets
$29,504
3.
Coordinate KRGSA AEM Data with Basin Study
$22,363
4.
Provide Monitoring Program Support
$9,638
S.
Provide As Needed Technical Consultation
$19,807
TOTAL ESTIMATED COSTS
$92,172
The budget will be expended on a time and materials basis, not to exceed the total amount
without additional authorization.
SCHEDULE
The tasks in this proposal have been developed based on activities anticipated for Calendar
Year 2023. However, given that the 4th Annual Report will compile data from WY 2022 -
which ends this week — data requests to support the Annual Report could be initiated in
October 2022. This would provide agencies with a little more time to compile the necessary
data. This would also allow Todd Groundwater extra time to develop templates that could
be tested with the online DMS. If notice -to -proceed could be expedited, Todd Groundwater
would be available to start on the Annual Report in October.
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.
KRGSA PROPOSAL
GSP Technical Support 2023 6 TODD GROUNDWATER
Docu ftrr
Certificate Of Completion
Envelope Id: 976DA9CO484E48DAAB147286EEF9BEA1 Status: Completed
Subject: Complete with DocuSign: Final TODD Groundwater. KRGSA.22-001 (1).pdf, EXHIBIT B Todd Proposal -KR...
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city_clerk@bakersfieldcity.us
IP Address: 174.46.226.5
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DO -Signed by
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EP(4nC,w,,.s24E0E'471
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Electronic Record and Signature Disclosure created on: 6/28/2022 10:51:05 AM
Parties agreed to: Phyllis Stanin
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