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HomeMy WebLinkAbout12 SGMA Alternate Planenda Item # 12 To: Board of Directors From: Steven Poncelet Date: August 03, 2016 Subject: Consideration of a Contract for Professional Services for SGMA Alternate Plan 1. WHY THIS MATTER IS BEFORE THE BOARD This item is before the Board as it relates to compliance with California's Sustainable Groundwater Management Act of 2014 (SGMA) and includes award of a contract that exceeds $15,000 and requires Board approval. 2. HISTORY On September 16, 2014, Governor Jerry Brown signed into law Senate Bills 1168 and 1319 and Assembly Bill 1739, known collectively as the Sustainable Groundwater Management Act of 2014 ("SGMA"). SGMA requires the formation of a Groundwater Sustainability Agency ("GSA") or the submittal of an alternate plan for all water basins or sub -basins that are a Bulletin 118 designated High or Medium Priority Basin no later than June 30, 2017. The Martis Valley Groundwater Basin ("MVGB") has been designated as a medium priority basin in Bulletin 118. District Staff have been meeting with representatives from the local agencies eligible to participate in SGMA (Town of Truckee, Nevada County, Placer County, Northstar Community Service District, and Placer County Water Agency - Local SGMA Agencies) to take steps to comply with SGMA. The main goals that this group are collectively pursuing include to ensure on -going local control of the Martis Valley aquifer in a way that manages the basin within sustainable yield, comply with the Truckee River Operating Agreement (TROA), comply with SGMA, and minimize unnecessary costs and undue regulatory burdens. The Local SGMA Agencies are proposing to comply with SGMA by submitting an Alternative Plan to the California Department of Water Resources (DWR) which would address the requirement for each GSA to create a Groundwater Sustainability Plan (GSP). DWR recently defined the requirements of an Alternate Plan under SGMA to be, essentially, the same as a Groundwater Sustainability Plan (GSP) using the term `Functional Equivalent'. The GSP regulations were written to address poorly managed basins that have been operating well below sustainable yield and which have long term undesirable results. SGMA requires that the Alternate Plan be submitted by January 1, 2017 but GSP's for Medium Priority basins are not due till 2022. DWR's introduction of `Functional Equivalent' does not appear consistent with legislative intent to provide an alternate compliance mechanism for well -managed, sustainable basins to avoid expensive and inappropriate regulatory burdens. DWR did also introduce the concept of `Substantial Compliance' stating that they wanted to be able to approve Alternate Plans or GSP's that meet the intent of SGMA but which may not address every component of the very complex and expensive GSP regulations. The MVGW is an ideal candidate for an Alternate Plan given the extensive governance/regulatory framework already in place as well as the fact that the basin has been, and is projected to be, well within its sustainable yield through build -out. In addition, the Martis Valley basin did not experience any water supply shortages or any long-term adverse effects during the recent drought in California. Submitting an Alternate Plan presents the opportunity to comply with SGMA and avoid unnecessary costs to the taxpayers requiring additional expense or reporting when there is robust science and statistical data that ensures the MVGB is well managed. 3. NEW INFORMATION The District is taking the lead, with support from the SGMA Local Agencies, in writing the Alternate Plan along with hiring an outside third party engineering company that will evaluate the significant amount of scientific data and studies from the MVGB. This includes the US Bureau of Reclamation Truckee River Basin Study's state-of-the-art groundwater model specifically designed for the MVGB, a sustainable yield analysis, and numerous regulatory reports on the MVGB (2013 Groundwater Management Plan, 2016 Urban Water Management Plan, CASGEM, and other monitoring). The consultant will also address SGMA's six sustainability indicators to ensure that there are no long-term undesirable results due to groundwater pumping. District Staff has been working with GEI Consultants out of Rancho Cordova, California on a scope of work and proposal to support the SGMA Local Agencies efforts to submit an Alternate Plan to DWR. GEI is well known to the District as they have done previous work for Placer County Water Agency in both the MVGB, on the West Slope of the Sierra, and across the State. They are very familiar with the MVGB and are able to complete the work on schedule and within the budget available. 4. FISCAL IMPACT The contract with GEI Consultants is for an amount not to exceed $28,000 with a 15% change order authorization for an amount not to exceed $32,000. The costs of this contract will be shared amongst the SGMA Local Agencies with a goal to have all six agencies participate at an equal share of $5,300 per agency. All agencies have committed to seek the funding but, in some cases, this will require formal action by their governing boards/councils which may take a couple months. Given the impending deadline of January 1, 2017 for submittal of the Alternate Plan and the significant amount of work to be done, the three local water agencies have agreed to provide funding of $10,000 per agency to cover the entire cost of this contract should the Counties and Town not secure funding. Staff does believe that at least five of the six SGMA Local Agencies will providing funding for this contract. Sufficient funds for the District's approved FY16 Water Department budget for the District's pledge of up to $10,000 for this contract. 5. RECOMMENDATION Authorize the General Manager to execute a contract with GEI Consultants for an amount of $28,000 with a 15% change order authorization for a total amount not to exceed $32,000, Steven Poncelet Public Information & Conservation Manager Michael D. Holley General Manager July 21, 2016 Geotechnical Environmental and Witer Resources Engineering Mr. Steven Poncelet Public Information and Conservation Manager Truckee -Donner Public Utilities District 11570 Donner Pass Road Truckee, CA 96161 Re: Proposal Martis Valley Groundwater Basin (MVGB) Compliance with the Sustainable Groundwater Management Act (SGMA) Alternative Plan Support Nevada and Placer County, California Dear Mr. Poncelet: GEI Consultants, Inc, (GEI) is pleased to submit this proposal to assist the Truckee Donner Public Utility District (TDPUD) with their compliance with the Sustainable Groundwater Management Act (Act). The Act required the California Department of Water Resources (DWR) to develop regulations for development of Groundwater Sustainability Plans (GSP). The GSP regulations allow for an Alternative Plan (Plan) to be developed if local agencies believe that their groundwater basin is being operated sustainably and has adequate governance. We understand TDPUD and its Partners (Placer County, Nevada County, Town of Truckee, Placer County Water Agency, and Northstar Community Services District (NCSD) believe the Martis Valley is being operated sustainably and would like to prepare an Alternative Plan. TDPUD will lead the effort and will prepare the plan. GEI will provide technical supportive documentation at the request of TDPUD. TDPUD and NCSD have developed an outline of the Plan and the outline was reviewed with GEI. TDPUD will prepare the majority of the document using existing information. GEI will provide specific sections to augment the Plan and will also provide review of the entire document and provide comments. This proposal provides a description of services to complete the assigned sections and review. Scope of Services The GSP Regulations provide limited details as to what must be included in the Plan. The Plan must contain a copy of the existing Groundwater Management Plan (GMP) which was adopted in April 2013, Data contained in the GMP was current through 2012. We believe that the Plan should contain proof that undesirable results have not occurred over a 10-year period. The 10-year period does not necessarily have to be extend back from present. The Plan, to be successful, will need to clearly demonstrate that the basin is being sustainably managed to make it easy for DWR to approve. www,geiconsultants.cotn GI;IConsultants, Inc. 10860 Gold Center Drive, Suite 350, Rancho Cordo��a, California 95G70 916.G31.4500 fax:91G.631.4501 Martis Valley Alternative Plan Support 2 July 21, 2016 Our scope only contains preparation of new documents (technical memorandums) for those activities where new analysis is being performed with the anticipation that the documents along with other historic pertinent studies will be appended to the Plan. Our scope of services will be to: • Assist in developing the Alternative Plan outline. • Summarize existing science and key data to demonstrate 10-years of sustainable operation using the six sustainability indicators. Prepare a technical memorandum describing the basin conditions, referencing these sustainability indicators. • Develop preliminary Measureable Objectives for each of the six sustainability indicators. Threshold levels do not have to be developed if the basin is being sustainably managed per GSP Regulations Sections 254.26.d and 254.28.e (from GSP regulation: " 0) An Agency that has demonstrated that undesirable results related to one or more sustainability indicators are not present and are not likely to occur in a basin, as described in Section 354.26, shall not be required to establish a monitoring network related to those sustainability indicators). Prepare a technical memorandum describing the Measureable Objectives for each of the six indicators. • Provide a base map showing the groundwater basin and pertinent features. • Prepare a map showing the locations of CASGEM monitoring wells and their hydrographs along with USGS surface water gaging stations and the precipitation station. • Prepare a map showing recharge areas, specifically those reaches of the creeks and rivers that have been identified to be losing streams. Plot the data on TDPUD provided land use or vegetation types. • Prepare a change in storage map (difference in groundwater levels), using DWR's groundwater contouring program, to identify whether there has been a change in storage. • Review GeoTracker to identify sites where there have been releases of contaminants to the environment. Create a table of those (active case) sites and types of contaminants and provide a map showing their locations. • Update the geologic map to incorporate the recently adopted West Tahoe, Stateline, and Inclined Village fault extensions into the basin along with the Polaris fault (new Alquist-Priolo Zone maps). • Prepare a simplified water budget summary table (water budget components, average annual yield, and percent of water budget) from GEI's Sustainable Yield Assessment report for inclusion into the Plan. Provide a copy in an Excel file for inclusion into the report by TDPUD. • Provide a copy of the GEI's Sustainable Yield Assessment report that has been released from draft status to allow it to be included in the Plan as an appendix. No other updates will be made to the report. • Attend up to two (2) meetings at TDPUD offices. • Provide senior review of the TDPUD prepared draft Alternative Plan, including supportive information provided in the appendices, and provide comments. No groundwater modeling is included in this scope of services. Martis Valley Alternative Plan Support 3 July 21, 2016 Project Schedule The Plan must be submitted to DWR by January 1, 2017. We would recommend providing the plan to DWR by October, 2016. We can meet this schedule. Cost Estimate GEI proposes to complete the project on a time -and -materials basis at a cost not -to -exceed $28,000. Our standard fee schedule is attached. Please contact Richard Shatz at (916) 631-4566, if you have any questions pertaining to this proposal. Respectfully submitted, GEI Consultants, Inc. Richard W, Shatz, CHG. 84� Principal Hydrogeologist Mark S. Williamson, P.E. Vice President j:\tdpud\proposals\martis valley alternative plan\proposal_martis valley_v4.docx �J � O U = � c > U C W �cr) 0 c co N 6H O N N fA LO ti L co N 60 O Q O co C a as c L m Q N H r. O � N �Z 7 in o A O. 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Rates will increase up to 5% annually, at GEI's option, for all contracts that extend beyond twelve (12) months after the date of the contract. Rates for Deposition and Testimony are increased 1.5 times. OTHER PROJECT COSTS subconsultants, Subcontractors and Other Project Expenses -All costs for subconsultants, subcontractors and other project expenses will be billed at cost plus a 15%service charge. Examples of such expenses ordinarily charged to projects are subcontractors; subconsultants: chemical laboratory charges; rented or leased field and laboratory equipment; outside printing and reproduction; communications and mailing charges; reproduction expenses; shipping costs for samples and equipment; disposal of samples; rental vehicles; fares for travel on public carriers; special fees for insurance certificates, permits, licenses, etc.; fees for restoration of paving or land due to field exploration, etc.; state sales and use taxes and state taxes on GEI fees. Billing Rates for Specialized Technical Computer Programs —Computer usage for specialized technical programs will be billed at a flat rate of $10.00 per hour in addition to the labor required to operate the computer. Field and Laboratory Equipment Billing Rates —GEI-owned field and laboratory equipment such as pumps, sampling equipment, monitoring instrumentation, field density equipment, portable gas chromatography, etc. will be billed at a daily, weekly, or monthly rate, as needed for the project. Expendable supplies are billed at a unit rate. Transportation and Subsistence -Automobile expenses for GEI or employee owned cars will be charged at the rate per mile set by the Internal Revenue Service for tax purposes plus tolls and parking charges or at a day rate negotiated for each project. When required for a project, four-wheel drive vehicles owned by GEI or the employees will be billed at a daily rate appropriate for those vehicles. Per diem living costs for personnel on assignment away from their home office will be negotiated for each project. PAYMENT TERMS Invoices will be submitted monthly or upon completion of a specified scope of service, as described in the accompanying contract (proposal, project, or agreement document that is signed and dated by GEI and CLIENT). Payment is due upon receipt of the invoice. Interest will accrue at the rate of I% of the invoice amount per month, for amounts that remain unpaid more than 30 days after the invoice date. All payments will be made by either check or electronic transfer to the address specified by GEI and will include reference to GEI's invoice number. Fee Schedule 2016