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CONSULTANT AGREEMENT
This Consultant Agreement (“Agreement”) is dated ____________, 2020, and is
between LUHDORFF AND SCALMANINI, CONSULTING ENGINEERS, INC., a California
corporation (“Consultant”), and the COUNTY OF FRESNO, a political subdivision of the State of
California (“County”).
Recitals
A. The County is the groundwater sustainability agency (“GSA”) under the
Sustainable Groundwater Management Act (“SGMA”) for two areas in the Delta-Mendota
groundwater subbasin that are designated as “Management Area A” and “Management Area B”.
B. The Consultant previously assisted the County in preparing a groundwater
sustainability plan (“GSP”) for Management Area A and Management Area B, which the County
submitted to the Department of Water Resources (“DWR”) on January 23, 2020.
C. The County is now required to implement the GSP for Management Area A and
Management Area B, and wishes to obtain the services of a consultant with knowledge,
experience, and expertise relevant to that task.
D. The Consultant represents that it possesses the requisite knowledge,
experience, and expertise, and that it is ready, willing, and able to provide the services desired
by the County, subject to the terms of this Agreement.
The parties therefore agree as follows:
Article 1
Consultant’s Obligations
1.1 Scope of Services. The Consultant shall perform all of the services described in the
scope of work attached as Exhibit A to this Agreement, titled “Scope of Services.”
1.2 Additional Services. The Consultant may perform additional services as the County
and the Consultant mutually agree in writing.
1.3 Key Persons. The Consultant shall perform all services under this Agreement
September 1
P-20-337
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through the key persons listed below. The Consultant shall not replace any key persons without
prior written consent from the County’s Director of Public Works and Planning, or his or her
designee, and he or she shall not withhold that consent unreasonably. If any key person is
replaced, the replacement person shall have at least the same level of expertise as the person
being replaced.
(A) Will Halligan, Principal Hydrogeologist, Project Manager
(B) Andrew Francis , Hydrogeologist, Technical Support
1.4 Compliance with Laws. The Consultant shall, at its own cost, comply with all
applicable federal, state, and local laws in performance of its services under this Agreement,
including but not limited to workers compensation, labor, and confidentiality laws and
regulations.
Article 2
Compensation, Invoices and Payments
2.1 The County agrees to pay, and the Consultant agrees to receive, compensation as
described in Exhibit B to this Agreement, titled “Compensation.” The Consultant is only entitled
to compensation for work performed after the Effective Date, as that term is defined in section
3.1.
2.2 Maximum Compensation. The maximum compensation payable to the Consultant
under this Agreement is $81,590 in each year, for a total of $163,180 over the term of the
Agreement. The Consultant acknowledges that the County is a local government entity, and
does so with notice that the County’s powers are limited by the California Constitution and by
State law, and with notice that the Consultant may receive compensation under this Agreement
only for services performed according to the terms of this Agreement, while this Agreement is in
effect, and subject to the maximum amount payable under this section. The Consultant further
acknowledges that County employees have no authority to pay the Consultant except as
expressly provided in this Agreement.
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2.3 Invoices. The Consultant shall submit monthly invoices to the County by email to
waterandnaturalresources@fresnocountyca.gov. The Consultant shall submit each invoice
within 60 days after the month in which the Consultant performs services and in any case within
60 days after the end of the term or termination of this Agreement. All invoices shall reflect
accurately the tasks performed by the Consultant under this Agreement, and shall include
sufficient detail as may be required by the County’s Auditor-Controller/Treasurer-Tax Collector
(“Auditor”), including but not limited to:
(A) The specific nature of each task performed as services under this Agreement;
(B) The name of the person performing each task and their position;
(C) The number of hours worked by each person for each task, in increments of one-
tenth of an hour;
(D) The hourly rate for each person performing each task;
(E) A summary showing the sum total hours worked by each person and the product
of that total multiplied by each person’s hourly rate; and
(F) The County’s identification number for this Agreement, and the project title.
2.4 Review. Within 10 days after receiving a proper invoice as described in section 2.3,
the County’s Department of Public Works and Planning (“Department”) shall review the invoice
and either (a) submit it to the Auditor for payment, or (b) if the Department determines that the
invoice is unsatisfactory or inaccurate, return it to the Consultant for correction and resubmittal.
For purposes of this section, an invoice is received when transmission by email to the address
provided in section 2.3 is completed, except if such transmission is completed outside of County
business hours, in which case the invoice is deemed received at the next beginning of a County
business day.
2.5 Payment. The County shall pay each timely-submitted invoice within 60 days after
the Department submits it to the Auditor for payment. The County shall remit any payment to the
Consultant’s address specified in the invoice.
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2.6 Incidental Expenses. The Consultant is solely responsible for all expenses that are
incidental to its performance under this Agreement.
Article 3
Term and Termination
3.1 Term. This Agreement is effective when signed by both parties (“Effective Date”) and
terminates two years after the Effective Date.
3.2 Extension. The term of this Agreement may be extended for a single one-year
period upon written approval of both parties at least 30 days before the first day of the one-year
extension period. The Director of the Department of Public Works and Planning or his or her
designee is authorized to sign the written approval on behalf of the County based on the
Consultant’s satisfactory performance. The extension of this Agreement by the County is not a
waiver or compromise of any default or breach of this Agreement by the Consultant existing at
the time of the extension whether or not known to the County.
3.3 Termination for Non-Allocation of Funds. The terms of this Agreement are
contingent on the approval of funds by the appropriating government agency. If sufficient funds
are not allocated, then the County, upon 30 days advance written notice to the Consultant, may:
(A) Modify either or both of the parties’ obligations under this Agreement; or
(B) Terminate this Agreement.
3.4 Termination for Breach.
(A) Upon determining that a breach (as defined below) has occurred, the County
may give written notice of the breach to the Consultant. The written notice may suspend
performance under this Agreement, and must provide at least 30 days for the Consultant
to cure the breach.
(B) If the Consultant fails to cure the breach within the time stated in the written
notice, the County may terminate this Agreement immediately.
(C) For purposes of this section, a breach occurs when, in the determination of the
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County, the Consultant has:
(1) Obtained or used funds illegally or improperly;
(2) Failed to comply with any part of this Agreement;
(3) Submitted a substantially incorrect or incomplete report to the County; or
(4) Improperly performed any of its obligations under this Agreement.
3.5 Termination without Cause. In circumstances other than those set forth above, the
County may terminate this Agreement by giving 30 days advance written notice to the
Consultant.
3.6 County’s Rights upon Termination. Upon termination under this Article 3, the
County may demand repayment by the Consultant of any monies disbursed to the Consultant
under this Agreement that, in the County’s sole judgment, were not expended in compliance
with this Agreement. The Consultant shall promptly refund all such monies upon demand. This
section survives the termination of this Agreement.
Article 4
Independent Contractor
4.1 Status. In performing under this Agreement, the Consultant, including its officers,
agents, and employees, is at all times acting and performing as an independent contractor, in
an independent capacity, and not as an officer, agent, servant, employee, joint venturer,
partner, or associate of the County.
4.2 Supervision. The County has no right to control, supervise, or direct the manner or
method of the Consultant’s performance under this Agreement, but the County may verify that
the Consultant is performing according to the terms of this Agreement.
4.3 Benefits. Because of its status as an independent contractor, the Consultant has no
right to employment rights or benefits available to County employees. The Consultant is solely
responsible for providing to its own employees all employee benefits required by law. The
Consultant shall save the County harmless from all matters relating to the payment of the
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Consultant’s employees, including compliance with Social Security withholding and all related
regulations.
4.4 Services to Others. The parties acknowledge that, during the term of this
Agreement, the Contractor may provide services to others unrelated to the County.
Article 5
Notices
5.1 Contact Information. The persons and their addresses having authority to give and
receive notices provided for or permitted under this Agreement include the following:
For the County:
Water and Natural Resources Manager
Department of Public Works and Planning
Water and Natural Resources Division
COUNTY OF FRESNO
2220 Tulare Street, Suite 800
Fresno, CA 93721
Telephone: (559) 600-9672
For the Consultant:
Will Halligan, Principal Hydrogeologist
LUHDORFF AND SCALMANINI, CONSULTING ENGINEERS, INC.
500 1st Street
Woodland, California 95695
Telephone: (559) 661-0109
5.2 Method of Delivery. All notices between the County and the Consultant provided for
or permitted under this Agreement must be in writing and delivered either by personal service,
by first-class United States mail, by an overnight commercial courier service, or by Portable
Document Format (PDF) document attached to an email.
(A) A notice delivered by personal service is effective upon service to the recipient.
(B) A notice delivered by first-class United States mail is effective three County
business days after deposit in the United States mail, postage prepaid, addressed to the
recipient
(C) A notice delivered by an overnight commercial courier service is effective on
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County business day after deposit with the overnight commercial courier service,
delivery fees prepaid, with delivery instructions given for next day delivery, addressed to
the recipient.
(D) A notice delivered by PDF document attached to an email is effective when
transmission to the recipient is completed (but, if such transmission is completed outside
of County business hours, then such delivery shall be deemed to be effective at the next
beginning of a County business day), provided that the sender maintains a machine
record of the completed transmission.
5.3 Claims Presentation. For all claims arising from or related to this Agreement,
nothing in this Agreement establishes, waives, or modifies any claims presentation
requirements or procedures provided by law, including but not limited to the Government Claims
Act (Division 3.6 of Title 1 of the Government Code, beginning with section 810).
Article 6
Ownership of Data; Inspections and Audits; Public Records
6.1 Ownership of Data.
(A) Except as otherwise provided in this section 6.1, all reports, studies, data,
documents, including preliminary documents, calculations, and survey data created by
the Consultant in providing services under this Agreement shall be submitted to, and
remain at all times the property of, the County.
(B) The Consultant acknowledges that the County retains full ownership rights of the
work product created by the Consultant for the services provided under this Agreement,
to the fullest extent permitted by law. In this regard, the parties acknowledge and agree
that:
(1) The Consultant’s services under this Agreement are on behalf of the County
and are “work made for hire,” as that term is defined in copyright law, by the County;
(2) The work product to be prepared by the Consultant under this Agreement is
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for the sole and exclusive use of the County;
(3) The County shall be the sole owner of all patents, copyrights, trademarks,
trade secrets and other rights, and contractual interests in connection with those
rights that are developed and compensated under this Agreement;
(4) All the rights, title, and interest in and to the work product produced under this
Agreement will be transferred to the County by the Consultant to the extent the
Consultant has an interest in and authority to convey such rights; and
(5) The Consultant shall assist the County to obtain and enforce patents,
copyrights, trademarks, trade secrets, and other rights and contractual interests
relating to the Consultant’s work product under this Agreement, free and clear of any
claim by the Consultant or anyone claiming any right through the Consultant.
(C) The Consultant further acknowledges and agrees that the County’s ownership
rights in the Consultant’s work product under this Agreement apply regardless of
whether such work product, or any copies of it, are in possession of the County or the
Consultant.
(D) “Work product” means all reports and study findings made by the Consultant,
either alone or jointly with others, under this Agreement, that result from the services
performed by the Consultant under this Agreement.
(E) The County acknowledges that the Consultant has been in business since 1980
and has developed data, processes, reports, studies, calculations, and other documents,
models, software and other work product and intangible rights either on its own, or as
“work for hire” that the Consultant considers trade secret, proprietary and confidential
that are too numerous to list and either owned by the Consultant, or third parties.
Nothing in this Agreement shall be interpreted or construed to address or modify the
ownership, control or public right of access to such existing or future work product and
intangibles of the Consultant.
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6.2 Inspection of Documents. The Consultant shall make available to the County, and
the County may examine at any time during business hours and as often as the County deems
necessary, all of the Consultant’s records and data with respect to the matters covered by this
Agreement. The Consultant shall, upon request by the County, permit the County to audit and
inspect all of such records and data to ensure the Consultant’s compliance with the terms of this
Agreement.
6.3 State Audit Requirements. If the compensation to be paid by the County under this
Agreement exceeds $10,000, the Consultant is subject to the examination and audit of the
California State Auditor, as provided in Government Code section 8546.7, for a period of three
years after final payment under this Agreement. This section survives the termination of this
Agreement.
6.4 Public Records. The County may publicly disclose this Agreement under the Ralph
M. Brown Act (California Government Code, Title 5, Division 2, Part 1, Chapter 9, beginning with
section 54950). This Agreement, and any record or data that the Consultant may provide to the
County, regardless of whether it is marked as confidential or having restricted access, is subject
to public disclosure as a public record under the California Public Records Act (California
Government Code, Title 1, Division 7, Chapter 3.5, beginning with section 6250) (“CPRA”).
6.5 Public Records Act Requests. If the County receives a written or oral request
under the CPRA to disclose any record that is in the Consultant’s possession or control but
which the County has a right to possess or control, then the County may demand, in writing, that
the Consultant deliver to the County, for purposes of public disclosure, the requested records
that may be in the possession or control of the Consultant. Within five business days after the
County’s demand, the Consultant shall (a) deliver to the County all of the requested records that
are in the Consultant’s possession or control, together with a written statement that the
Consultant has produced all requested records that are in the Consultant’s possession or
control, or (b) provide to the County a written statement that the Consultant does not possess or
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control any of the requested records. The Consultant shall cooperate with the County with
respect to any County demand for such records. The Consultant shall indemnify the County for
any award of costs or attorney’s fees under the CPRA that results from the Consultant’s delay,
claim of exemption, failure to produce such records, or failure to cooperate with the County with
respect to any County demand for such records.
6.6 Withholding and Redacting. If the County for any reason requests any records,
data, or documents from the Consultant and the Consultant believes that the responsive
documents contain trade secrets, proprietary information, or other information that is subject to
legal privilege or separate legally-enforceable obligation of the Consultant to withhold, then the
Consultant may do the following:
(A) The Consultant may redact the records or data before providing them, if that is
practicable, or withhold the records or data if redaction is not practicable.
(B) If the Consultant redacts or withholds any documents, it shall provide a privilege
log generally describing without disclosing what has been redacted or withheld and
identifying the legal privilege or legally-enforceable obligation that is the reason for the
redaction or withholding.
(C) If the County requests documents because of a CPRA request and the
Consultant redacts or withholds any documents, the Consultant shall also identify the
specific provision of the CPRA (by citation to the California Government Code) which the
Consultant believes would authorize the County to redact or withhold the documents
requested.
Article 7
Indemnity and Defense
7.1 Indemnifiable Losses. For purposes of this Article 7, “Indemnifiable Losses”
includes all claims, causes of action, demands, liabilities, damages, costs, expenses (including
attorney fees and costs), and losses of any kind to the County, the Consultant, or to any other
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person or entity.
7.2 Indemnity. The Consultant shall indemnify the County (including its officers, agents,
and employees) against any Indemnifiable Loss to the County, the Contractor, or any third party
that arises from or relates to the performance or failure to perform by the Consultant (or any of
its officers, agents, or employees) under this Agreement.
7.3 Defense. If requested by the County, the Consultant shall defend actions or
proceedings brought or threatened against the County (including its officers, agents, and
employees) for any Indemnifiable Loss to the County, or any third party that arises from or
relates to the performance or failure to perform by the Contractor. The County may conduct or
participate in its own defense, at its own cost, without affecting the Consultant’s obligation to
indemnify the County.
7.4 Survival. This Article 7 survives the termination of this Agreement.
Article 8
Insurance
8.1 The Consultant shall comply with all of the insurance requirements in Exhibit D to
this Agreement.
Article 9
Disclosure of Self-Dealing Transactions
9.1 Applicability. This Article 9 applies if the Consultant is operating as a corporation or
changes its status to operate as a corporation.
9.2 Duty to Disclose. If any member of the Consultant’s board of directors is party to a
self-dealing transaction, he or she shall disclose the transaction by completing and signing a
“Self-Dealing Transaction Disclosure Form” (Exhibit C to this Agreement) and submitting it to
the County before commencing the transaction or immediately after.
9.3 Definition. “Self-dealing transaction” means a transaction to which the Consultant is
a party and in which one or more of its directors, as an individual, has a material financial
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interest.
Article 10
General Provisions
10.1 Modification. Except as provided in Article 3, this Agreement may not be modified,
and no waiver is effective, except by another written agreement that is signed by both parties.
10.2 Non-Assignment. Neither party may assign its rights or delegate its obligations
under this Agreement without the prior written consent of the other party.
10.3 Governing Law. The laws of the State of California govern all matters arising from
or related to this Agreement.
10.4 Jurisdiction and Venue. This Agreement is signed and performed in Fresno
County, California. The Consultant consents to California jurisdiction for actions arising from or
related to this Agreement, and, subject to the Government Claims Act, all such actions must be
brought and maintained in the Fresno County Superior Court.
10.5 Construction. The final form of this Agreement is the result of the parties’ combined
efforts. If anything in this Agreement is found by a court of competent jurisdiction to be
ambiguous, that ambiguity shall not be resolved by construing the terms of this Agreement
against either party.
10.6 Headings. The headings and section titles in this Agreement are for convenience
only and are not part of this Agreement.
10.7 Severability. If anything in this Agreement is found by a court of competent
jurisdiction to be unlawful or otherwise unenforceable, the balance of this Agreement remains in
effect, and the parties shall make best efforts to replace the unlawful or unenforceable part of
this Agreement with lawful and enforceable terms intended to accomplish the parties’ original
intent.
10.8 Nondiscrimination. During the performance of this Agreement, the Consultant shall
not unlawfully discriminate against any employee or applicant for employment, or recipient of
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services, because of race, religious creed, color, national origin, ancestry, physical disability,
mental disability, medical condition, genetic information, marital status, sex, gender, gender
identity, gender expression, age, sexual orientation, military status or veteran status pursuant to
all applicable State of California and Federal statutes and regulation.
10.9 No Waiver. Payment, change, waiver, or discharge by the County of any liability or
obligation of the Consultant under this Agreement on any one or more occasions is not a waiver
of performance of any continuing or other obligation of the Consultant and does not prohibit
enforcement by the County of any obligation on any other occasion.
10.10 Entire Agreement. This Agreement, including its exhibits, is the entire agreement
between the Consultant and the County with respect to the subject matter of this Agreement,
and it supersedes all previous negotiations, proposals, commitments, writings, advertisements,
publications, and understandings of any nature unless those things are expressly included in
this Agreement. If there is any inconsistency between the terms of this Agreement without its
exhibits and the terms of the exhibits, then the inconsistency will be resolved by giving
precedence first to the terms of this Agreement without its exhibits, and then to the terms of the
exhibits.
10.11 Third-Party Beneficiaries. This Agreement does not and is not intended to create
any rights or obligations for any person or entity except for the parties.
10.12 Authorized Signatures. The Consultant represents and warrants to the County that:
(A) The Consultant is duly authorized and empowered to sign and perform its
obligations under this Agreement.
(B) The individual signing this Agreement on behalf of the Consultant is duly
authorized to do so and his or her signature on this Agreement will legally bind the
Consultant to the terms of this Agreement.
10.13 Counterparts. This Agreement may be signed in counterparts, each of which is an
original, and all of which together constitute this Agreement.
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Exhibit A
A-1
Scope of Services
The Consultant shall perform all tasks set forth in this Exhibit A ,”Scope of Services.”
Task 1: GSP MONITORING NETWORK DATA COLLECTION
The Consultant shall collect data on the five sustainability indicators from the GSP
monitoring network and other wells and monitoring sites that may be available from outreach
efforts. A description of this task by each sustainability indicator is provided below.
A. Groundwater Elevation/Groundwater Storage
The Consultant shall either measure or obtain water level data from existing monitoring
programs. The collected data must represent measurements that are collected at least twice a
year for all water level monitoring locations in the GSP monitoring network in order to obtain
seasonal high and low elevations per GSP regulatory requirements. The Consultant represents
that most of the data will be obtained from existing monitoring programs such as the Mendota
Pool Group and the former Spreckels Sugar Company. The Consultant shall coordinate data
collection efforts by Meyers Farms, Meyer Farms Water Bank, adjacent GSAs and landowners.
Any other monitoring locations that are not included in existing monitoring efforts will be
measured by the Consultant. If necessary, the Consultant will survey the elevation of the
measurement point at each monitored well (reference point elevation) to convert depth to water
measurements to a groundwater elevation to comply with GSP regulations that require
groundwater level data to be reported as an elevation referenced to the North American Vertical
Datum 1988 (NAVD88).
B. Groundwater Quality
The Consultant shall obtain groundwater quality data from either field sampling events
once a year from each of the GSP monitoring locations or obtained from existing monitoring
programs such as the Mendota Pool Groups, Meyers Water Bank, and the former Spreckels
Sugar Company. The Consultant will utilize existing monitoring programs as necessary by
coordinating with the entities that are currently collecting groundwater quality samples. For
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Exhibit A
A-2
those sites that are not included in any existing non-GSP monitoring program, the Consultant
will collect groundwater quality samples for laboratory analysis. The budget for this task, as
shown in Exhibit B, “Compensation,” includes up to five wells being sampled for groundwater
quality.
C. Subsidence
The Consultant shall obtain subsidence data from the existing United States Geological
Survey’s monitoring of the Fordel and Yearout Ranch extensometers and the UNAVCO P304
benchmark survey location. The Consultant is not required to include the subsidence data in
annual report; however, the Consultant shall compile it into the data management system
(DMS) for the County for future use in the 2025 GSP.
D. Interconnected Surface Waters
The Consultant shall obtain surface water levels in the Fresno Slough area of the
Mendota Pool from the San Luis Delta-Mendota Water Authority (“SLDMWA”) and collect
groundwater level data from existing shallow wells. This data will provide information on
changes in the interaction between surface water and groundwater levels. This task also
includes converting the Mendota Pool stage data to the NAVD88 datum.
E. Groundwater Extractions
The Consultant shall collect groundwater extraction data from all known wells from
discharge meters where meters are present. The Consultant shall make estimates of
groundwater pumping for other areas in Management Area A and Management Area B where
wells are not metered. For estimates of extractions, the Consultant will use utility records or
estimates of water use based on land use. This task does not include the purchase or
installation of meters for wells that are not currently metered.
F. Surface Water Supplies
The Consultant shall collect availability of surface water supplies and use from the
United States Bureau of Reclamation and SLDMWA. In addition, recipients of surface water
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Exhibit A
A-3
supplies within Management Area A and Management Area B will be contacted to obtain
information on where surface water is utilized (either on land within Management Area A and
Management Area B or transported to other areas. The Consultant shall import these data into
the County’s GSP DMS.
G. Total Water Use
The Consultant shall estimate total water use from groundwater extractions and surface
water use on a water year basis for inclusion in GSP annual reports. The Consultant shall
import water use data into the GSP DMS.
H. New or Replacement Wells
The County shall provide information from on any new or replacement wells located
within Management Area A and Management Area B and the Consultant shall incorporate that
information into the County’s GSP DMS. In addition, any information regarding applications for
well abandonment or destruction will be collected in order to keep a current accounting of all
wells within Management Area A and Management Area B.
Task 2: Data Management System (DMS) Maintenance and Updates
The Consultant shall develop the DMS for the County to store all data collected under
Task 1 to support preparation of GSP annual reports. The Consultant shall also use these data
to evaluate groundwater use and sustainability. Data related to GSP implementation must
include both spatial and temporal data sets. The Consultant shall review data collected from
Task 1 for accuracy (quality assurance/quality control) prior to being uploaded into the DMS.
The Consultant shall update geospatial data such as new or replacement wells, reference point
survey data, new monitoring locations. The Consultant shall use the updated DMS to generate
tables, figures, and hydrographs for work conducted in Tasks 3 and 5. The Consultant shall also
include modifications to the DMS as needed to be consistent with the DMS format for the entire
Subbasin to ensure consistency in terminology.
Task 3: Data Analysis
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Exhibit A
A-4
The Consultant shall review and analyze the data for each sustainability indicator from
the DMS in Task 2 for relevant trends and comparison to interim milestones, measurable
objectives, and minimum thresholds. The Consultant acknowledges that GSP annual reporting
includes the development of annual groundwater elevation contours. The Consultant shall
develop annual groundwater elevation contours from seasonal high and seasonal low
groundwater elevation measurements. These contour maps must be focused on Management
Area A and Management Area B and the Consultant shall use them in Task 6 to assist in the
development of basin-wide contour maps.
The Consultant shall perform additional analysis, including developing estimates of total
water use including both surface and groundwater. The Consultant shall calculate and total
groundwater use by reviewing metered pumping data and developing estimates for areas that
are unmetered. The consultant shall estimate unmetered pumping by reviewing the most current
land use conditions.
The Consultant shall review established sustainable management criteria on an annual
basis and assess whether minimum thresholds and measurable objectives need to be adjusted.
The Consultant shall base any adjustments on newly obtained information on hydrogeologic
conditions and observed trends for each sustainability indicator.
Task 4: Data Management System
The Consultant shall support additional efforts to coordinate with the California
Department of Fish and Wildlife and local officials at the Mendota Wildlife Area (“MWA”) to
address data gaps in the existing monitoring network. The Consultant shall participate by
conference call as needed to provide technical information required by the California
Department of Fish and Wildlife for the purpose of seeking State of California Technical Support
Services (TSS) funding for addressing data gaps that have been identified in the MWA portion
of Management Area B. The County acknowledges that the Consultant’s understanding of
groundwater and subsidence conditions in the MWA are limited and the County might need to
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Exhibit A
A-5
establish additional monitoring sites to evaluate groundwater conditions and achieve
sustainable conditions.
Task 5: Annual Report
The Consultant shall participate in the basin-wide coordinated effort to develop annual
reports for the 2021 and 2022 water years for GSP implementation. The Consultant shall review
and prepare comments on draft and final reports. The Consultant shall coordinate with the
County during the preparation and review of the annual reports. The Consultant and the County
expect that each GSP group in the Subbasin will coordinate on a single Annual Report, each
with common Subbasin-wide information (including extraction data, information about changes
in storage, and contour maps of groundwater elevation) that is developed through coordinated
efforts. The Consultant shall develop two annual reports that are focused on describing annual
report related conditions in Management Area A and Management Area B. These deliverables
include a draft and final version.
Task 6: Coordination and Outreach
The Consultant shall review and analyze annual reports and monitor network data in
adjacent GSAs. The Consultant shall provide the analysis to the County and participate, as
required by the County’s Director of Public Works and Planning, in meetings with
representatives of adjacent GSAs. The Consultant shall coordinate with the five other Delta-
Mendota GSP groups and adjacent subbasins as part of Annual Report preparation and
ongoing analysis of how groundwater conditions in adjacent subbasins and adjacent GSAs
impact sustainable management criteria in Management Area A and Management Area B. The
Consultant shall attend two annual meetings with the County to discuss SGMA implementation
and the status of sustainability of groundwater resources in Management Area A and
Management Area B. The Consultant shall attend up to four additional in-person meetings and
24 monthly conference calls as a participant, in conjunction with department staff serving as
representatives for Management Area A and Management Area B, for subbasin technical,
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Exhibit A
A-6
coordination, and/or management committee meetings, The purpose of the meetings will be to
discuss updates on task progress and other pertinent subbasin wide topics. The Consultant
shall coordinate on behalf of the County, subject to review by the Director of the County’s
Department of Public Works and Planning, or his or her designee, with other GSAs in the Delta-
Mendota Subbasin on the preparation of Proposition 68 progress reports.
Task 7: GSA Well Survey Verification
The Consultant shall coordinate with other GSAs in the Subbasin to verify Management
Area A and Management Area B well locations that have previously been identified from a
review of DWR Drillers Reports. The Consultant shall prepare a written well survey verification
that identifies which wells are active and still exist. The well survey verification will utilize Google
Earth, on-site visits, and potentially a drone survey to gather the information necessary to verify
the existence of wells and whether they are active. The Consultant shall also use this
information to identify possible monitoring wells (using inactive wells) and make
recommendations for well destruction. The Consultant shall develop and provide to the County
a map of active and inactive well locations along with a table to include all of the following:
number of wells, well locations, and activity status of each well.
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Exhibit B
B-1
Compensation
The Consultant will be compensated for performance of its service under this agreement
as provided in this Exhibit B. Except as provided below for travel, all compensation paid to
Consultant shall be based on the hourly rates set forth below. The total amount paid to the
Consultant under the hourly rates for each task described in Exhibit A, “Scope of Services,”
shall not exceed the total cost for each task as set forth below. For travel, the Consultant will be
compensated for reasonable and necessary travel expenses that are documented, up to the
travel total set forth below; however, this shall not include expenses related to subsistence.
The Consultant is not entitled to any compensation except as expressly provided in this
Exhibit B.
Hourly Rates
Senior Principal Hydrogeologist $225 / hour
Project Hydrogeologist $150 / hour
Staff Hydrogeologist/Engineer $145 / hour
Task Totals
Task Hourly Total Travel Total
Task 1: GSP Monitoring Network Data Collection $14,350
Task 2: DMS Maintenance and Updates $11,260
Task 3: Data Analysis $13,120
Task 4: Data Gaps $7,200
Task 5: Annual Report $24,800
Task 6: Coordination and Outreach $38,700
Task 7: GSA Well Survey Verification $10,250
Grand Totals $122,280
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Exhibit B
B-2
The parties acknowledge that:
• the GSAs in the subbasin are planning to implement multiple GSPs;
• this effort will require coordination in data sharing, comparison of methodologies and
results, meetings, and consultations; and
• the project budget is not to be exceeded without prior authorization from the County; and
• the LSCE 2020 Fee Schedule, a copy of which is attached as Exhibit E, will be utilized
for the entirety of this Agreement.
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Exhibit C
C-1
Self-Dealing Transaction Disclosure Form
In order to conduct business with the County of Fresno (“County”), members of a
contractor’s board of directors (“County Contractor”), must disclose any self-dealing transactions
that they are a party to while providing goods, performing services, or both for the County. A
self-dealing transaction is defined below:
“A self-dealing transaction means a transaction to which the corporation is a
party and in which one or more of its directors has a material financial interest”
The definition above will be utilized for purposes of completing this disclosure form.
INSTRUCTIONS
(1) Enter board member’s name, job title (if applicable), and date this disclosure is being
made.
(2) Enter the board member’s company/agency name and address.
(3) Describe in detail the nature of the self-dealing transaction that is being disclosed to the
County. At a minimum, include a description of the following:
a. The name of the agency/company with which the corporation has the transaction;
and
b. The nature of the material financial interest in the Corporation’s transaction that
the board member has.
(4) Describe in detail why the self-dealing transaction is appropriate based on applicable
provisions of the Corporations Code.
Form must be signed by the board member that is involved in the self-dealing
transaction described in Sections (3) and (4).
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Exhibit C
C-2
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(1) Company Board Member Information:
Name: Date:
Job Title:
(2) Company/Agency Name and Address:
(3) Disclosure (Please describe the nature of the self-dealing transaction you are a
party to)
(4) Explain why this self-dealing transaction is consistent with the requirements of
Corporations Code 5233 (a)
(5) Authorized Signature
Signature: Date:
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Exhibit D
D-1
Insurance
1. Required Policies
Without limiting the County’s right to obtain indemnification from the Consultant or any third
parties, Consultant, at its sole expense, shall maintain in full force and effect the following
insurance policies throughout the term of this Agreement.
(A) Commercial General Liability. Commercial general liability insurance with limits of not
less than Two Million Dollars ($2,000,000) per occurrence and an annual aggregate of
Four Million Dollars ($4,000,000). This policy must be issued on a per occurrence basis.
The Consultant shall obtain an endorsement to this policy naming the County of Fresno,
its officers, agents, employees, and volunteers, individually and collectively, as additional
insureds, but only insofar as the operations under this Agreement are concerned. Such
coverage for additional insureds will apply as primary insurance and any other
insurance, or self-insurance, maintained by the County is excess only and not
contributing with insurance provided under the Consultant’s policy.
(B) Automobile Liability. Automobile liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence for bodily injury and for property damages.
Coverage must include any auto used in connection with this Agreement.
(C) Workers Compensation. Workers compensation insurance as required by the
California Labor Code.
(D) Professional Liability. Professional liability insurance with limits of not less than One
Million Dollars ($1,000,000) per occurrence and an annual aggregate of Three Million
Dollars ($3,000,000). If this is a claims-made policy, then (1) the retroactive date must
be prior to the date on which services began under this Agreement; (2) the Consultant
shall maintain the policy and provide to the County annual evidence of insurance for not
less than five years after completion of services under this Agreement; and (3) if the
policy is canceled or not renewed, and not replaced with another claims-made policy
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Exhibit D
D-2
with a retroactive date prior to the date on which services begin under this Agreement,
then the Consultant shall purchase extended reporting coverage on its claims-made
policy for a minimum of five years after completion of services under this Agreement.
2. Additional Requirements
(A) Verification of Coverage. Within 30 days after the Consultant signs this Agreement, the
Consultant shall deliver, or cause its broker or producer to deliver, to [department
address], or [generic departmental email address] copies of insurance policies as
produced by the broker or producer, and certificates of insurance and endorsements for
all of the coverages required under this Agreement.
(i) All insurance certificates must state that: (1) the insurance coverage has been
obtained and is in full force; (2) the County, its officers, agents, employees, and
volunteers are not responsible for any premiums on the policy; and (3) the
Consultant has waived its right to recover from the County, its officers, agents,
employees, and volunteers any amounts paid under any insurance policy
required by this Agreement and that waiver does not invalidate the insurance
policy.
(ii) The commercial general liability insurance certificate must also state that: (1) the
County of Fresno, its officers, agents, employees, and volunteers, individually
and collectively, are additional insureds insofar as the operations under this
Agreement are concerned; (2) the coverage shall apply as primary insurance and
any other insurance, or self-insurance, maintained by the County shall be excess
only and not contributing with insurance provided under the Consultant’s policy.
(iii) The automobile liability insurance certificate must state that the policy covers any
auto used in connection with this Agreement.
(iv) The professional liability insurance certificate, if it is a claims-made policy, must
also state the retroactive date of the policy, which must be prior to the date on
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Exhibit D
D-3
which services began under this Agreement.
(B) Acceptability of Insurers. All insurance policies required under this Agreement must be
issued by admitted insurers licensed to do business in the State of California and
possessing at all times during the term of this Agreement an A.M. Best, Inc. rating of
A:VII or greater.
(C) Notice of Cancellation or Change. For each insurance policy required under this
Agreement, the Consultant shall provide to the County, or ensure that the policy requires
the insurer to provide to the County, written notice of any cancellation or change in the
policy as required in this paragraph. For cancellation of the policy for nonpayment of
premium, the Consultant shall, or shall cause the insurer to, provide written notice to the
County not less than 10 days in advance of cancellation. For cancellation of the policy
for any other reason, and for any other change to the policy, the Consultant shall, or
shall cause the insurer to, provide written notice to the County not less than 30 days in
advance of cancellation or change. The County in its sole discretion may determine that
the failure of the Consultant or its insurer to timely provide a written notice required by
this paragraph is a breach of this Agreement.
(D) County’s Entitlement to Greater Coverage. If the Consultant has or obtains insurance
with broader coverage, higher limits, or both, than what is required under this
Agreement, then the County requires and is entitled to the broader coverage, higher
limits, or both. To that end, the Consultant shall deliver, or cause its broker or producer
to deliver, to the County’s Risk Manager copies of insurance policies that have such
broader coverage, higher limits, or both, as produced by the broker or producer, and
certificates of insurance and endorsements for all of the coverages that have such
broader coverage, higher limits, or both, as required under this Agreement.
(E) Waiver of Subrogation. The Consultant waives its right to recover from the County, its
officers, agents, employees, and volunteers any amounts paid under the policy of
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Exhibit D
D-4
worker’s compensation insurance required by this Agreement. The Consultant is solely
responsible to obtain any policy endorsement that may be necessary to accomplish that
waiver, but the Consultant’s waiver of subrogation under this paragraph is effective
whether or not the Consultant obtains such an endorsement.
(F) County’s Remedy for Consultant’s Failure to Maintain. If the Consultant fails to keep
in effect at all times any insurance coverage required under this Agreement, the County
may, in addition to any other remedies it may have, suspend or terminate this Agreement
upon the occurrence of that failure, or purchase such insurance coverage, and charge the
cost of that coverage to the Consultant. The County may offset such charges against any
amounts owed by the County to the Consultant under this Agreement.
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Exhibit E
E-1
SCHEDULE OF FEES - ENGINEERING AND FIELD SERVICES 2020
Professional
Senior Principal $225/hr
Principal Professional $220/hr
Supervising Professional $210/hr
Senior Professional $192/hr
Project Professional $150 to 170/hr
Staff Professional $135 to 145/hr
Technical
Engineering Inspector $140/hr
ACAD Drafting/GIS $135/hr
Engineering Assistant $105 to 125/hr
Scientist $105 to 125/hr
Technician $105 to 125/hr
Clerical Support
Word Processing, Clerical $80/hr
Digital Communications Specialist $90/hr
Project Admin/Accounting Assistant $100/hr
Other Services
Vehicle Use $0.58/mi
Subsistence Cost Plus 15%
Groundwater Sampling Equipment (Includes
Operator)
$170.00/hr
Copies 0.20 each
Professional or Technical Testimony 200% of Regular Rates
Technical Overtime (if required) 150% of Regular Rates
Outside Services/Rentals Cost Plus 15%
Services by Associate Firms Cost Plus 15%