NYE COUNTY AGENDA INFORMATION FORM a Action a Presentation Presentation & Action II Department: Natural Resources Office Category: June 5,2007 Contact: Dr. James Marble Phone: 482-7238 Continued from meeting of: Return to: Natural Resources Office I Location: Tonopah Phone: 482-7238

-- Action requested: (Include what, with whom, when, where, why, how much ($) and terms)

Approval of a service contract for BYU to conduct integrated geophysical investigations of shallow groundwater conditions near Ash Meadows, Nevada. Funding for this work is provided by a federal earmark grant through the National Nuclear Security Administration of the US Department of Energy. Funds are approved and currently available.

Complete description of requested action: (Include, if applicable, background, impact, long-term commitment, existing county policy, hture goals, obtained by competitive bid, accountability measures) Nye County has received federal funding approved to conduct a Groundwater Evaluation in hydrographic basins in southern Nye County. The proposed work will focus on two Nye County objectives: 1) determine the best method(s) for surface geophysical estimation of depth to shallow groundwater near the Ash Meadows National Wildlife Rehge (AMNWR), and 2) investigate the geologic framework of the shallow subsurface across the Gravity Fault near the AMNWR. Work Element 1 of the approved work plan includes water resources characterization and monitoring of groundwater in the Pahrump Valley and Amargosa Desert, respectively. The geophysical survey work by BYU will further quantify the water resources in Amargosa Desert and the potential impacts of existing and future water withdrawals with respect to Devils Hole, existing water users in the basin, and future water development activities.

It is proposed that this professional service contract be awarded without competition. The justification for this award is based on previously demonstrated technical expertise, years of experience with the EWDP performing similar activities in southern Nye County (more than 7 years), the ability to conduct the work within the stringent project schedule, the lack of available geophysical contractors because of increased demand in the oil and minerals sectors, BYU's successful performance of similar tasks, cost considerations (the use of graduate students rather than consultants), and the need to continue to support ongoing work.

Any information provided after the agenda is published or during the meeting of the Commissioners will require you to provide 20 copies: one for each Commissioner, one for the Clerk, one for the District Attorney, one for the Public and two for the County Manager. Contracts or documents requiring signature must be submitted with three original copies.

Exvenditure Impact by FY(s): (Provide detail on Financial Form) No financial impact

Routing & Approval (Sign & Date) 1. Dept Date 1 6. Date 2. Date 7. HR Date 3. Date 8. Legal Date 4. Date 9. Finance Date 5. Date 10. County Manager . .- Board of County Commissioners Action D Disapproved LI Amended as follows:

Clerk of the Board Date - , Professional Services A~reement

THIS PROFESSIONAL SERVTCES AGREEMENT is made and entered into this 5" day of June 2007, by and between the COUNTY OF NYE, NEVADA, P.O. Box 153, Tonopah, Nevada 89049 ("County"), and Brigham Young University, A-285 ASB, PO Box 2123 lProvo, UT 84602-1231 ("Contractor").

WITNESSETH:

WHEREAS,the Nye County Board of Commissioners ("Board"), has determined that it is important that the County evaluate and defme the waier resources in southern Nye County in order to benefit the health, welfare and the general well being of the County's residents; and WHEREAS,the Board has determined that it is important to characterize the ground water quality in the Pahump Valley and water chemistry in the Amargosa Desert; and WHEREAS,the County has received fimding to implement the evaluation of groundwater resources in southern Nye County (the Project); and WHEFEAS, the County desires to let, coordinate and monitor contracts in order to further the implementation of the Project; and WHEREAS,the County is desirous of employing the Contractor to provide certain consulting services and other professional tasks on behalf of the County in furtherance of the Project, and Contractor is qualified and desires to provide said support, Now, THEREFORE,in consideration of the agreements herein made, the parties mutually agree as follows:

-OF 4 ORIGINALS

07-0605 BYU CO~RACT.DOC 1. SCOPE OF WORK.

1.1. Generally. Determine the best method (s) for geophysical estimation of depth to saturation at Ash Meadows. The Contractor will receive direction from the Director of the Natural Resources Office ("Department") or designated representative. The Contractor will investigate the geologic framework of the shallow sub-surface at and around the Gravity Fault.

1.2. Specifically. The Contractor will Establish a test bed@)at Ash meadows where methods to be tested can be calibrated against known depth to water. Conduct a seismic reflection survey across the step gravity gradient matching the Gravity Fault. Complete dl.of the activities described in the document entitled Scope of Work and Budget, attached hereto and incorporated herein as Exhibit "A".

2. PROVISION OF SERVICES. The parties agree that the Principal Investigator for the Contractor will be John H. McBride Ph.D., Stephen T. Nelson Ph.D., Alan L. Mayo Ph.D. Dept of Geological Sciences, W. Spencer Guthrie, Ph.D. Dept of Civil and Environmental Engineering; however, the Contractor may assign other employees or agents of the Contractor to carry out some or all of the Services under this Professional Services Agreement, but in such case, the Principal Investigator will be responsible for the supervision and performance of those employees and agents.

3. TERM AND EXTENSIONS. Except as hereafter provided, the Contractor shall commence performance of this Professional Services Agreement on July 1,2007, and shall complete the Services, as described in Section 1, to the satisfaction of the County by June 15, 2008, unless a written extension is granted by the County.

4. COMPENSATION.

4.1. As and for compensation for the performance of the Services as described herein, inclusive of all professional fees and expenses, the County shall pay the Contractor not more than Ninety Eight Thousand Dollars ($97,13 7.00).

4.2. Contractor's compensation shall be paid to him in twelve (12) e ual installments of Eight Thousand and ninety four dollars ($8,094.50), due on or before the 15z day of each month, beginning in July 1,2007 and ending on June 15,2008.

4.3. On or before the 15th of each month of the term of this Professional Services Agreement, Contractor shall submit a monthly report on progress made during the previous month, including a brief synopsis of the tasks undertaken and/or completed during that period.

4.4. The Contractor agrees that, upon receipt of monies from the County based upon a claim against the County for payment under this Professional Services Agreement, monies due 07-0605 BYU CONTRACT.DOC PAGE2 OF 24 and owing to employees, sub-contractors, and others under that claim will be paid to those employees, sub-contractors, and others forthwith. Failure to do so constitutes a material breach of this Professional Services Agreement.

The County reserves the right to make out reimbursement checks with Contractor md its sub- contractors as joint payees if the County determines that it is in its best interests to do so.

5. INDEPENDENT CONTRACTOR. The parties agree that Contractor, including any of Contractor's employees, agents, or sub-contractors, is an independent Contractor and that the Contractor is not a County employee or agent of the County, and, further, there shall be no:

5.1. Withholding of income taxes by the County;

5.2. Industrial insurance coverage provided by the County;

5.3. Participation in group insurance plans which may be available to employees of the County;

5.4. Participation or contributions by either the independent Contractor or the County to the public employees retirement system on behalf of the Contractor or his employees, agents, or subcontractors;

5.5. Accumulation of vacation or sick leave; or

5.6. Unemployment compensation coverage provided by the County.

6. TRANSFER OR ASSIGNMENT. The parties hereto expressly agree that this Professional Services Agreement is a personal services contract, dependent upon the unique qualifications and abilities of Contractor. The Contractor agrees that there shall be no transfers or assignment of, or participation in this Professional Services Agreement granted to any third party without written consent from the County.

INDEMNIFICATION AND PROOF OF INSURANCE.

7.1. The Contractor agrees to indemnify the County to the extent limited in accordance with NRS 41.0305 to 41.039. Contractor shall assert the defense of sovereign immunity as appropriate in all cases, including malpractice and indemnity action.

7.2. The County agrees to fully exonerate, indemnify and save Contractor harmless fiom and against all claims or actions, based upon or arising out of damage or injury (including death) to persons or property cawed by andor sustained in connection with County's performance under this Professional Services Agreement or by conditions created thereby, and further agrees, if requested by Contractor, to assume without expense to Contractor, the defense of any such claims or actions, unless such damage or injury was caused by Contractor's actions.

07-0605 BYU CONTRACT.DOC PAGE3 OF 24 7.3. Contractor shall secure and maintain throughout the term of this Professional Services Agreement vehicle liability insurance as required by law and in accord with the limits set forth in NRS 41.035 for each vehicle used to carry out this Professional Services Agreement.

7.4. If Contractor has any employees who perform work under this Professional Services Agreement, Contractor shall secure and maintain throughout the term of this Professional Services Agreement workers' compensation insurance in the amount required by Nevada or other applicable state for each employee who performs such work.

8. COMPLIANCE WITH APPLICABLE LAW AND REGULATIONS. During the term of this Professional Services Agreement and while performing the scope of work, or otherwise acting on behalf of the County, Contractor agrees to perform all terms and conditions of this Professional Services Agreement in a lawful manner and in conformity with all applicable laws and codes of the United States and of the State of Nevada, and all ordinances, rules, and regulations of the County and of any and all other competent public authority applicable to the performance of Contractor's duties. Failure by Contractor to comply with any applicable laws, codes, ordinances, rules andor regulations constitutes a material breach of this Professional Services Agreement.

9. RECORDS. The Contractor shall maintain such records and accounts, including property, personnel, and financial records, as are deemed necessary by the County to assure a proper accounting for all project Eunds. Specific records which must be maintained are set forth in Exhibit "B".

9.1 These records will be retained by the Contractor for a least four (4) years after the expiration of this Professional Services Agreement or after all other pending matters surrounding this Professional Services Agreement are closed, whichever is longer.

9.2 The Contractor shall permit, and shall require its subcontractors to permit, the County, the Comptroller General of the United States and USDOE, or their authorized representative, to inspect all work, materials, payrolls, and other data and records with regard to the Services until the four (4) year period expires.

9.3 The Contractor shall collect and submit or otherwise make available to the County, at such times as it may require, such financial statements, data, records, contracts, and any other documents related to the Services Contractor keeps in its normal course of business and as may be deemed necessary by the County until the four (4) year period expires.

10. PUBLICATION. The Contractor may publish results of its function and participation in the Project, provided that:

07-0605 BYU CONTRACT.DOC 10.1 Contractor will send a copy of all proposed publications to the County not less than thirty (30) days prior to publication and will not thereafier publish any data or other information that the County identifies as and/or informs the Contractor is proprietary or confidential, until or unless the County approves the dissemination of such data or other information;

10.2 The data or information disseminated is not subject to the Federal export control or national security laws or regulations;

10.3 The report does not include data or information not produced by the Contractor and protected by copyright; and

10.4 The following notice is contained in any report intended to be released to the public:

This reporthnformation was prepared by pursuant to a Cooperative Agreement funded by the United States Department of Energy, and neither Nye County nor any of its contractors or subcontractors nor the United States Department of Energy, nor any person acting on behalf of either:

Makes any warranty or representation, express or implied, with respect to the accuracy, completeness, or usefulness of the information contained in this report, or that the use of any information, apparatus, method or process disclosed in this report may not infiinge privately-owned rights; or

Assumes any liabilities with respect to the use of, or for damages resulting from the use of, any information, apparatus, method or process disclosed in this report. Reference herein to any specific commercial product, process or service by trade name, trademark, manufacturer, or otherwise, does not necessarily constitute or imply its endorsement, recommendation, or favoring by the United States Department of Energy. The views and opinions of authors expressed herein do not necessarily state or reflect those of the United States Department of Energy.

INTELLECTUAL PROPERTY PROVISIONS.

11.1 Authorization and Consent. Pursuant to FAR 52.227- 1, the USDOE authorizes and consents to all use and manufacture of any invention described in and covered by a United States patent in the performance of this Professional Services Agreement. 07-0605 BYU CONTRACT.DOC 1 1.2 Patent and Copyright Infringement.

1 1.2.1 The Contractor shall report to the Project Manager, promptly and in reasonable tvritten detail, each notice or claim of patent or copyright infiingement based on the performance of this Professional Services Agreement of which the Contractor has knowledge.

1 1.2.2 In the event of any claim or suit against the Federal Government on account of any alleged patent or copyright infringement arising out of the performance of this Professional Services Agreement or out of the use of any supplies furnished or work or services performed under this Professional Services Agreement, the Contractor shall fwnish to the USDOE when requested by the Project Manager, all evidence and information in possession of the Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at the expense of the USDOE except where the Contractor has agreed to indemnify the County.

11.3 Rights in Data. Pursuant to FAR 52.227-14, except in certain specified circumstances, the USDOE shall have unlimited rights in data first produced in the performance of this Professional Services Agreement; form, fit and function data delivered under this Professional Services Agreement; data delivered under this Professional Services Agreement (except for restricted computer software) that constitute manuals or instructional and training material for installation, operation or routine maintenance and repair items, components, or processes delivered or hrnished for use under this Professional Services Agreement; and all other data delivered under this Professional Services Agreement.

1 1-3.1 Except as hereafter provided below, if the Services performed by Contractor pursuant to this Professional Services Agreement result in a book or other copyrightable or licensable material, the Contractor may copyright or license the work and turn the copyright or licensing rights over to the County, the party ultimately receiving the copyright or licensing rights to the material to be determined at the end of the project. The USDOE and County reserves a royalty-free, non-exclusive and irrevocable license to reproduce, publish, or otherwise use, and to authorize others to use, all technical information or data, and all copyrighted material resulting fiom the Services. The right to use the work for USDOE or County purposes includes the right to publicly distribute the information therein; and the right to prepare derivative works.

11.3.2 The Contractor agrees not to assert copyright in computer software first produced in the performance of this Professional Services Agreement without prior written permission of the County and the USDOE Patent Counsel. When such permission is granted, the Patent Counsel shall specify appropriate terms, conditions and submission requirements to assure utilization, dissemination and commercialization of the data. The Contractor, when requested, shall promptly deliver to Patent Counsel a duly executed and approved instrument fully confirmatory of all rights to which the USDOE is entitled.

07-0605 BYU CONTRACT.DOC 11.3.3 Upon request, at any time during the term of this Professional Services Agreement and thereafter for three (3) years from the termination of this Professional Services Agreement, the Contractor shall provide to the County and/or the USDOE all data first produced during or specifically used in performance of this Professional Services Agreement. When data are to be delivered under this clause, the Contractor will be compensated for converting the data into the prescribed form, for reproduction and for delivery.

11.4 Patent Rights. If any discovery or invention arises out of or is developed in the course of, or is aided by these Services, it shall be fully reported to the County and the USDOE, as provided hereafter.

1 1.4.1 Definitions:

11.4.1.1 Invention means any invention or discovery that is or may be patentable or otherwise protected under title 35 of the United States Code, or any novel variety of plant that is or may be protected under the Plant Variety Protection Act (7 U.S.C. 2321, et seq.).

11.4.1.2 Made when used in relation to any invention means the conception of first actual reduction to practice of such invention.

11.4.1.3 Practical application means to manufacture, in the case of a composition or product; to practice, in the case of a process or method; or to operate, in the case of a machine or system; and, in each case, under such conditions as to establish that the invention is being utilized and that its benefits are, to the extent permitted by law or Government regulations, available to the public on reasonable terms.

11.4.1.4 Subject invention means any invention of the Contractor conceived or first actually reduced to practice in the performance of the Services under this Professional Services Agreement.

11.4.1.5 Agency licensing regulations and agency regulations concerning the licensing of Government-owned inventions mean the USDOE patent licensing regulations at 10 CFR part 78 1.

11.4.2 Allocation of principal rights. The Contractor may retain the entire right, title, and interest throughout the world to each subject invention subject to the provisions of this Section and 35 U.S.C. 203. With respect to any subject invention in which the Contractor retains title, the Federal Government shall have a nonexclusive, nontransferable, irrevocable, paid-up license to practice or have practiced for or on behalf of the United States the subject invention throughout the world,

11.4.3 Invention disclosure, election of title, and filing of patent application by Contractor. 07-0605 BYU CONTRACT.DOC 11.4.3.1 The Contractor will disclose each subject invention to the County and the USDOE within two (2) months after the inventor discloses it in writing to Contractor personnel responsible for patent matters. The disclosure to the County and USDOE shall be in the form of a written report and shall identify this Professional Services Agreement and the inventor(s). It shall be sufl'iciently complete in technical detail to convey a clear understanding to the extent known at the time of the disclosure, of the nature, purpose, operation, and the physical, chemical, biological or electrical characteristics of the invention. The disclosure shall also identie any publication, on sale or public use of the invention and whether it has been accepted for publication at the time of disclosure. In addition, after disclosure to the USDOE, the Contractor will promptly notify that agency of the acceptance of any manuscript describing the invention for publication or of any on sale or public use planned by the Contractor.

1 1.4.3.2 The Contractor will elect in writing whether or not to retain title to any such invention by notifying USDOE within two (2) years of disclosure by County to the USDOE. However, in any case where publication, on sale or public use has initiated the one- year statutory period wherein valid patent protection can still be obtained in the United States, the period for election of title may be shortened by USDOE to a date that is no more than 60 days prior to the end of the statutory period.

11.4.3.3 The Contractor will file its initial patent application on a subject invention to which it elects to retain title within one (1) year after election of title or, if earlier, prior to the end of any statutory period wherein valid patent protection can be obtained in the United States after a publication, on sale, or public use. The Contractor will file patent applications in additional countries or international patent offices within either ten (10) months of the corresponding initial patent application or six (6) months from the date permission is granted by the Commissioner of Patents and Trademarks to file foreign patent applications where such filing has been prohibited by a Secrecy Order.

11.4.3.4 Requests for extension of time for disclosure, election and filing under the above sections may, at the discretion of the agency, be granted.

1 1.4.4 Conditions when USDOE may obtain title. The Contractor will convey to the USDOE, upon written request, title to any subject invention:

11.4.4.1 If the Contractor fails to disclose or elect title to the subject invention within the times specified above, or elects not to retain title; provided, that USDOE may only request title within 60 days after learning of the failure of the Contractor to disclose or elect within the specified times.

11.4,4.2 In those countries in which the Contractor fails to file patent applications within the times specified above; provided, however, that if the Contractor has filed a patent application in a country after the times specified above, but prior to its receipt of the written request of the USDOE, the Contractor shall continue to retain title in that country.

07-0605 BYU CONTRACT.DOC PAGE8 OF 24 11.4.4.3 In any country in which the Contractor decides not to continue the prosecution of any application for, to pay the maintenance fees on, or defend in reexamination or opposition proceeding on, a patent on a subject invention.

Minimum rights to Contractor and protection of Contractor right to file.

1 1.4.5.1 The Contractor will retain a nonexclusive royalty-free license throughout the world in each subject invention to which the Government obtains title, except if the Contractor fails to disclose the invention within the times specified above. The Contractor's license extends to its domestic subsidiary and affiliates, if any, within the corporate structure of which the Contractor is a party and includes the right to grant sublicenses of the same scope to the extent the Contractor was legally obligated to do so at the time the contract was awarded. The license is transferable only with the approval of the USDOE, except when transferred to the successor of that part of the Contractor's business to which the invention pertains.

11.4.5.2 The Contractor's domestic license may be revoked or modified by USDOE to the extent necessary to achieve expeditious practical application of subject invention pursuant to an application for an exclusive license submitted in accordance with applicable provisions at 37 CFR part 404 and agency licensing regulations. This license will not be revoked in that field of use or the geographical areas in which the Contractor has achieved practical application and continues to make the benefits of the invention reasonably accessible to the public. The license in any foreign country may be revoked or modified at the discretion of USDOE to the extent the Contractor, its licensees, or the domestic subsidiaries or affiliates have failed to achieve practical application in that foreign country.

1 1.4.5.3 Before revocation or modification of the license, USDOE will furnish the Contractor a written notice of its intention to revoke or modify the license, and the Contractor will be allowed 30 days (or such other time as may be authorized by USDOE for good cause shown by the Contractor) after the notice to show cause why the license should not be revoked or modified. The Contractor has the right to appeal, in accordance with applicable regulations in 37 CFR part 404 and agency regulations concerning the licensing of Government owned inventions, any decision concerning the revocation or modification of the license.

Contractor action to protect the Government's interest.

11.4.6.1 The Contractor agrees to execute or to have executed and promptly deliver to USDOE all instruments necessary to (i) establish or confirm the rights the Government has throughout the world in those subject inventions to which the Contractor elects to retain title, and (ii) convey title to USDOE when requested under sub-section 11.4.4 above and to enable the Government to obtain patent protection throughout the world in that subject invention.

PAGE 9 OF 24 1 1.4.6.2 The Contractor agrees to require, by written agreement, its employees, other than clerical and nontechnical employees, to disclose promptly in writing to personnel identified as responsible for the administration of patent matters and in a format suggested by the Contractor each subject invention made under this Professional Services Agreement, in order that the Contractor can comply with the disclosure provisions above, and to execute all papers necessary to file patent applications on subject inventions and to establish the Government's rights in the subject inventions. This disclosure format should require, as a minimum, the information required by section 11.4.3 above. The Contractor shall instruct such employees, through employee agreements or other suitable educational programs, on the importance of reporting inventions in sufficient time to permit the filing of patent applications prior to U.S. or foreign statutory bars.

11.4.6.3 The Contractor will notify USDOE of any decision not to continue the prosecution of a patent application, pay maintenance fees, or defend in reexamination or opposition proceeding on a patent, in any country, not less than 30 days before the response period required by the relevant patent office.

11.4.6.4 The Contractor agrees to include, within the specification of any United States patent application and any patent issuing thereon covering a subject invention the following statement: "This invention was made with Government support under Cooperative Agreement Number DE-FG52-06NA27205, awarded by the United States Department of Energy. The Government has certain rights in the invention."

Subcontracts.

11.4.7.1 .The Contractor will include in all subcontracts under this Professional Services Agreement, the language of this Section 11.

11.4.7.2 The USDOE, the County and the Contractor agree that the mutual obligations of the parties created by this Section constitute a contract between Contractor and the USDOE with respect to the matters covered by this Section 11.4; provided, however, that nothing in this paragraph is intended to confer any jurisdiction under the Contract Disputes Act in connection with proceedings under this Section 1 1.4.

11.4.8 Reporting on utilization of subject inventions. The Contractor agrees to submit, on request periodic reports no more frequently than annually on the utilization of a subject invention or on efforts at obtaining such utilization that are being made by the Contractor or its licensees or assignees. Such reports shall include information regarding the status of development, date of first commercial sale or use, gross royalties received by the Contractor, and such other data and information as USDOE may reasonably specify. The Contractor also agrees to provide additional reports as may be requested by USDOE in connection with any march-in proceeding undertaken by that agency in accordance with this Section. As required by 35 U.S.C. 202(c)(5), USDOE agrees it will not disclose such information to persons outside the Government without permission of the Contractor.

07-0605 BYU CONTRACT.DOC PAGE10 OF 24 11.4.9 Preference for United States Industry. Notwithstanding any other provision of this Section, the Contractor agrees that neither it nor any assignee will grant to any person the exclusive right to use or sell any subject invention in the United States unless such person agrees that any product embodying the subject invention or produced through the use of the subject invention will be mandactured substantially in the United States. However, in individual cases, the requirement for such an agreement may be waived by USDOE upon a showing by the Contractor or its assignee that reasonable but unsuccessfid efforts have been made to grant licenses on similar terms to potential licensees that would be likely to manufacture substantially in the United States or that under the circumstances domestic manufacture is not commercially feasible.

11.4.10 March-in rights. The Contractor agrees that, with respect to any subject invention in which it has acquired title, USDOE has the right in accordance with the procedures in 37 CFR 401.6 and any supplemental regulations of the agency to require the Contractor, an assignee or exclusive licensee of a subject invention to grant a nonexclusive, partially exclusive or exclusive license in any field of use to a responsible applicant or applicants, upon terms that are reasonable under the circumstances, and, if the Contractor, assignee, or exclusive licensee refuses such a request, USDOE has the right to grant such a license itself if USDOE determines that:

1 1.4.10.1 Such action is necessary because the Contractor or assignee has not taken, or is not expected to take within a reasonable time, effective steps to achieve practical application of the subject invention in such field of use;

1 1.4.10.2 Such action is necessary to alleviate health or safety needs, which are not reasonable, satisfied by the Contractor, assignee, or their licensees;

11-4.10.3 Such action is necessary to meet requirements for public use specified by Federal regulations and such requirements are not reasonably satisfied by the Contractor, assignee, or licensees; or

11.4.10.4 Such action is necessary because the agreement required by section 11.4.9 above has not been obtained or waived or because a licensee of the exclusive right to use or sell any subject invention in the United States is in breach of such agreement.

1 1.4.1 1 Communications.

11.4.1 1.1 The Contractor shall direct any notification, disclosure or request to USDOE provided for in this Section to the USDOE patent counsel assisting the USDOE contracting activity, with n copy of the comwication to the USDOE contracting officer and the County's Project Manager.

07-0605 BYU CONTRACT.DOC PAGE 11 OF 24 1 1.4.1 1.2 Each exercise of discretion or decision provided for in this Section is reserved for the USDOE Patent Counsel and is not a claim or dispute and is not subject to the Contract Disputes Act of 1978.

11.4.1 1.3 Upon request of the USDOE Patent Counsel or the USDOE contracting officer, the Contractor shall provide any or all of the following: (i) A copy of the patent application, filing date, serial number and title, patent number and issue date for any subject invention in any country in which the Contractor has applied for a patent; (ii) A report, not more often than annually, summarizing all subject inventions which were disclosed to USDOE individually during the reporting period specified; or (iii) A report, prior to termination of this Professional Services Agreement, listing all subject inventions or stating that there were none.

11.4.12 Inspection of Records. The County and USDOE, and any authorized representative of either, shall, until three (3) years after final payment under this Professional Services Agreement, have the right to examine any books (including laboratory notebooks), records, and documents of the Contractor relating to the conception or first actual reduction to practice of inventions in the same field of technology as the Services under this Professional Services Agreement, to determine whether any such inventions are inventions subject to DEAR 952.227-1 1 or this Section; and the Contractor has complied with the provisions of both.

12. COMPLIANCE WITH LABOR LAWS. The Contractor shall comply with Executive Order 11246, entitled "Equal Employment Opportunity" as amended by Executive Orders 11375 and 12086 as supplemented in Department of Labor Regulations (41 CFR Part 60). The Contractor will not discriminate against any employee employed in the performance of this Professional Services Agreement because of race, sex, creed, color, physical or mental handicap, or national origin.

12.1 The Contractor will take affirmative action to ensure that applicants for employment are not discriminated against on account of their race, sex, creed, color, physical or mental handicap, or national origin during the hiring process or their term of employment. This requirement shall apply to, but not be limited to, the following: employment, upgrading, demotion, or transfer; recruitment or recruitment advertising, layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship.

12.2 In the event that the Contractor signs any subcontracts for provision of services under this Professional Services Agreement, the Contractor shall include a provision requiring compliance with the aforementioned Executive Order and Department of Labor regulations.

13. SUBCONTRACTS. If the Contractor intends to let and/or lets any subcontracts, the Contractor must take affirmative steps to and provide written documentation of his steps to:

07-0605 BYU CONTRACT.DOC 13.1 Include qualified small, rural, minority, and women's businesses on solicitation lists; and

13.2 Assure that small, rural, minority, and women's businesses are solicited whenever they are potential source;

13.3. When economically feasible, divide requirements into smaller tasks or quantities so as to permit maximum small, rural, minority, and women's businesses participation; and

13.4 When economically feasible, establish delivery schedules, which will encourage participation of small, rural, minority, and women's businesses;

14. PROHIBITED USE OF FUNDS. The Contractor shall not seek hdsfrom the County to be used either directly or indirectly to pay for: Bad debts; contingencies; contributions and donations; entertainment; fines and penalties; interest and other financial costs; unrecovered costs under grant agreements; prosecution of claims against the Federal Government; or taxes which the County is not legally required to pay.

ORGANIZATIONAL CONFLICT OF INTEREST.

15.1 Contractor agrees to provide excellent technical support to the County consistent with the Services set forth in Section 1;

15.2 If an organizational conflict of interest with respect to this Professional Services Agreement becomes apparent to either party, an immediate and full disclosure shall be made to the other and the parties will work together to resolve all issues related to that conflict. In such case, the County reserves the right to terminate the Professional Services Agreement, without prejudice, for convenience if it deems such termination to be in the best interests of the County.

16. CONFIDENTIALITY OF INFORMATION. Except as expressly required by applicable provisions of FOIA andor state sunshine laws, all information, analysis or reports generated by the Contractor under the scope of this Contract shall be considered confidential until such time that the County releases the information, analysis or reports to the public or they enter the public domain through no fault of the Contractor. All information, analysis or reports provided to the Contractor which is identified by the County as confidential shall not be released to any other party without the written approval of the County.

17. TECHNICAL CAPABILITIES AND LEVEL OF EFFORT. The Contractor commits to provide such professional capabilities as will be required to perform in a competent and professional manner under this Professional Services Agreement.

18. TERMINATION OF AGREEMENT WITHOUT CAUSE. Either party to the Professional Services Agreement has the right to terminate the Professional Services Agreement without cause by giving not less than sixty (60) days written notice to the other party by U.S. Postal Service certified mail to the addresses listed on the signature lines of this agreement or by hand delivery of such notice to the other party.

18.1 In the event of termination without cause by the County, the Contractor shall be compensated for all services rendered and expenses incurred up to the termination date, puwsunnt to the provisions of this Professional Services Agreement.

18.2 In the event of termination by the Contractor, the County will be compensated either directly and/or in the form of a reduction in its outstanding obligation for all costs caused by the Contractor's cancellation.

TERMINATION OF AGREEMENT WITH CAUSE.

19.1 This Professional Services Agreement may be terminated without prior notice by the County if the Contractor fails to complete the Services in a manner which the County deems satisfactory, and the County may impose such sanctions as it may determine to be appropriate, including, but not limited to:

19.1.1 Withholding of payments to the Contractor under the Professional Services Agreement until the Contractor complies;

19.1.2 Cancellation, termination or suspension of the Professional Services Agreement in whole or in part; andlor

19.1.3 Charging to the Contractor all costs caused by the breach.

19.2 In the event of termination without prior notice by the County, the County shall give written notice to Contractor as soon thereafter as is practicable by U.S. Postal Service Certified Mail to Contractor's address herein, or by hand delivery of such notice to the Contractor.

20. TERMINATION OR REDUCTION FOR LACK OF FUNDS. Funds for this Agreement are provided to the County by the USDOE; and if USDOE reduces or discontinues its oversight funding to Nye County, this Agreement will or may be reduced or canceled. Contractor expressly acknowledges the contingent nature of this Agreement and agrees that in the event that fimding either is reduced or withdrawn by the USDOE, this Agreement shall be null and void, and County shall have no obligations to Contractor under it, other ihan to compensate Contractor for any work performed prior to notice to Contractor of a reduction and termination of this Agreement due to lack of funding.

21. NQN-DEBARMENT CERTIFICATION. Attached to and incorporated into this Professional Services Agreement as Exhibit "C" is a Certification Nun-Debarment, which the Contractor must sign before performing or receiving compensation under this Professional Services Agreement. 07-0605 BYU CONTRACT.DOC 22. GOVERNING LAW. This Professional Services Agreement shall be construed and interpreted according to the laws of the State of Nevada. In the event of litigation to edorce any of the terms or conditions of this Professional Services Agreement, the prevailing party shall be entitled to recoup such sums as the Court may fix as attorney's fees, costs, and interests.

23. BANKRUPTCY. Under no circumstances shall this Professional Services Agreement, or any of Contractor's rights hereunder, constitute an asset of the estate of Contractor or any company in which Contractor holds an ownership interest, in bankruptcy or similar proceedings involving the insolvency of Contractor or such company.

24. EXECUTION OF AGREEMENT. This Professional Services Agreement may be executed in counterparts, each of which shall be fully effective as an original, and all of which together shall constitute one and the same instrument.

25. ENTIRE AGFWEMENT. This Professional Services Agreement constitutes the final and entire agreement between the parties. The rights and obligations of the parties shall be determined solely from the terms of this Professional Services Agreement, and any prior or contemporaneous oral agreements are superseded by and merged into this Professional Services Agreement.

26. AMENDMENT OF AGREEMENT. This Professional Services Agreement cannot be varied or modified orally and may only be varied or modified by a written instrument duly executed by the parties.

27. PRECEDING AGREEMENTS. Upon full execution and implementation, this Professional Services Agreement supersedes and voids any and all other preceding professional services agreements between Contractor and the County, relating to the Services to be performed for the Department under and during the term of this Agreement.

28. SEVERABILITY. If any provision of this Professional Services Agreement is held to be invalid, such invalidity shall not affect the validity of any other provisions of this Professional Services Agreement which can be given effect without the invalid provision, and to this end the provisions of this Professional Services Agreement are declared to be severable, I// /I/

07-0605 BYU CONTRACT.DOC IN WITNESS WHEREOF, the parties do hereby execute this Professional Services Agreement on the latest date hereinafter appearing, binding themselves to the full performance of this Professional Services Agreement. This Professional Services Agreement shall not be binding upon Contractor's successors and assigns because of the nature of the personal services to be rendered hereunder.

Contractor County

BRIGHAM Young University BOARD OF COUNTY COMMISSIONERS Office of Research and Creative Activities COUNTY OF NYE, NEVADA A-285 ASB, PO Box 2 123 1 P.O. Box 153 Provo, UT 84602- 123 1 Tonopah, Nevada 89049

By: By: Dr. Brent W. Webb, Associate Gary Hollis, Chairmen Academic Vice President

ATTEST:

Sandra E. Merlino, Nye County Clerk and Ex-Officio Clerk of the Board

List of Exhibits:

Scope of Work and Budget Records Requirements Certification of Non-Debarment

07-0605 BYU CONTRACT-DOC Nye County Brigham Young University Natural Resources Office Department of Geological Sciences

Executive Contact: Executive Contact: James R. Marble, Ph.D. Brent W. Webb Director of Natural Resources OEfice Associate Academic Vice President Nye County Brigham Young University P.O. Box 1767 Provo, UT 84602- 1231 Tonopah, NV 89048 Tel(801) 422-6543 Tel. (775) 482-7238 FAX (775) 482-7236 pv.mr~&~~cou~~t~...-. . . ner

Technical Contact: Technical Contact: Tom Buqo John H. McBride, Ph.D. P.O. B& 127,4 Private Road Brigham Young University Blue Diamond, NV 89004 PO Box 24606 5-371 ESC Tel. (702) 875-4594 Provo, UT 84602 FAX (702) 875-3594 Tel. (801)-422-0267 BUQO@wkw. . FAX (801)-422-0267

Cell (801)-602-2137, .. % John. m.brjwbr I u.du . . -

Billiw Contact: Billinp Contact: Susan Moore Mr. Melvin Can 1210 E. Basin Road, Ste. 6 Associate Director Pahmmp, NV 89060 Office of Research and Creative Activities Tel. (775) 727-7727 ext. 46 A-285 ASB, PO Box 2123 1 Cell (775) 209-38 12 Provo, UT 84602-1231 FAX (775) 727-7919 Tel(801) 422-3360 ***;o.,.' . ". ~&tl~.c,nm-ty*rle$ Fax (801) 422-0620 1..

07-0605 BYU CONTRACT.DOC Exhibit "A"

Scope of Work and Budget Proposed Scientific Program

Proposed work Goals: o Determine the best method[s] for geophysical estimation of depth to saturation at Ash Meadows o Investigate the geologic framework of the shallow sub-susface at and around the Gravity Fault Objectives: o Establish a test bed[s] at Ash Meadows where methods to be tested can be calibrated against known depth to water o Conduct a seismic reflection survey across the steep gravity gradient matching the Gravity Fault Methods: o Framework SH-wave seismic surveys: Deploy equipment and crew to collect raw data Process new and existing data o Test-bed surveys: Ground-penetrating radar Conductivity Deliverables: o A monthly written activity report will accompany each billing, describing the progress made on one or more of the tasks described in the contract to satisfy OMB Circular A-87 (32)(c). o A preliminary report six months following the commencement of the contract o A final report eight months following the commencement of the contract that includes: Results of framework geophysical survey Results of test-bed studies, including a recommendation for deployment of a preferred method Hydrological interpretation of the results, integrated with previous hydrological studies in the area Schedule and description of proposed detailed studies for year two

Nye County or its representatives or contractors will secure and be responsible for all necessary permits and clearances required for access of the geophysical crew and equipment for surveying.

Disposition of Acquired Data and Report Information BYU will retain copies of the geophysical data acquired and retain the right to publish the geophysical data as part of a scientific article andlor BYU M.S. thesis. BYU will endeavor to involve the participation of all Nye County consultants or representatives in the publication of the research. BYU 07-0605 BY U CONTRACT.DOC PAGE18 OF 24 will provide Nye County with copies of any articles prior to submittal for publication. BYU intends to present the results of the project at national andfor international scientific conferences (e.g., held by the American Geophysical Union; Geological Society of America).

The principal investigators will make every effort to ensure high-quality results and interpretations of the data acquired. BYU and the principal investigators shall not be liable under any circumstances for any direct, indirect, incidental, or consequential damages with respect to claims by users of any report or findings arising from the proposed project.

GENERAL INFORMATION

Contract Term: July 1,2007 - June 15,2008 Total Maximum Not to Exceed Dollars: $98,000 Fixed Fee Billing Amount per Month: $8,094

At the request and under the direction of the Nye County Natural Resources Office, the Contractor shall provide support to the Nye County Ground Water Evaluation (GWE) in the water resource conditions in the Pahrump Valley and Amargosa Desert areas.

2. DESCRIPTION OF WORK

Work will be conducted and invoiced for the GWE work elements described below. The NRO manager, James R. Marble, Ph.D., will direct work with guidance from the subject matter expert Tom Buqo (Nye County Contractor).

Task 1B: Water Resource Conditions in Amargosa Desert

Tasks - Activity 1 Surface geophysics

Determine the best method(s) for surface geophysical estimation of depth to shallow groundwater in Amargosa Valley discharge areas including Ash Meadows. Investigate the geologic framework of the shallow subsurface at and around the Gravity Fault within or near the Ash Meadows National Wildlife Refuge (AMNWR).

Schedule - Monthly progress reports are due within 15 days of the end of the month of concern. The draft annual summary report shall be due Mach 1,2008 and the final version is due June 15,2008.

3. BUDGET AND INVOICES

The budget is summarized by work element and task in the attached table. Actual amounts invoiced on specific work elements may differ from the amounts presented in this table. However, the total not-to-exceed budgeted amount is $97,137. WBS task numbers shown on the attached budget table shall be included in invoice line items as 07-0605 BYU CONTRACT.DOC PAGE19 OF 24 applicable. Since the contract with BYU is a fixed fee agreement, it is recommended that BYU invoice $8,094.50 per month.

4. PROFESSIONAL FEE RATES

Budget Summary 0.5 month (computed as Spring/Summer salary) for Prof. W. Spencer Guthrie: $4,468. Benefits: $751 (16.8%). ROLE: Prof. Guthrie will be primarily responsible for conductivity surveying and analysis. (budgeted under "Salaries7')

10 days (computed as Faculty Supplemental Research Compensation) salary for Prof. J. McBride: $5,062. Benefits: $385 (7.6%) (Current daily rate = $506.20). ROLE: Prof. McBride will be responsible for seismic and GPR surveys and co-responsible for conductivity analysis. He will direct the seismic and GPR data processing, and assist in the geophysical interpretation. (budgeted under "Salaries")

10 days (computed as Faculty Supplemental Research Compensation) salary for Prof. S. Nelson: $3,700. BeneMs: $281 (7.6%) (Current daily rate = $370.00). ROLE: Prof. Nelson will be responsible for geological interpretation and co-responsible for conductivity surveying and analysis. He will assist in the geophysical interpretation. (budgeted under "Salaries")

5 days (computed as Faculty Supplemental Research Compensation) salary for Prof. A. Mayo: $2,424. Benefits: $184 (7.6%) (Current daily rate = $484.80). ROLE: Prof. Mayo will be responsible for geological and hydrogeological interpretation. He will also assist in the geophysical interpretation. (budgeted under "Salaries")

10 days (computed as Faculty Supplemental Research Compensation) salary for Prof. D. Tingey: $3,643. Benefits: $277 (7.6%) (Current daily rate = $364.31). ROLE: Prof. Tingey will assist with field operations at the site and pre-survey preparations. (budgeted under "Salaries")

BYU student wages: for two graduate (or undergraduate) students (@ $14/hr for 40 hours per week total (4 weeks)): $4,480. (budgeted under "Students (Contract)")

Rental Fees: (1) (a) Rental of conductivity surveying equipment (maximum depth of investigation estimated by manufacturer to be 6 m); and conductivity recording equipment for 5 weeks: Rental of Geonics EM3 1-MK2 = $4,125; DAS70(-CX) c/w Allegro (-CX) Field Computer= $1,100. (b) Optional: Additional rental of Geonics EM34-3XL: $6.188.

(2) Rental of GSSI GPR antennas (400 and 200 MHz) and acquisition: = $4,000.

(3) Rental of 12-channel SH-wave geophone landstreamer (24 phones total), seismic source, and Geornetrics 24- channel recording seismograph and computer: $4.000.

Total cost of geophysical tool rental: $19,413. (budgeted under "Supplies")

Cost of data processing for the three geophysical surveys= $2,700. (budgeted under "Supplies")

Field Costs:

07-0605 BYU CONTRACT.DOC Meals during survey period for two BYU students and two BYU faculty for four weeks ($32 per day per person for 30 days (4 persons)): $3.840

Lodging ($85 per night at Longstreet Hotel, Amargosa Valley) for two BYU students (1 room double occupancy) for four weeks = $2,550; and two BYU faculty (2 rooms single occupancy) for four weeks = $5.100; total hotel cost = $7,650.

Costs of use of BYU vehicles and fuel traveling frodto Provo, Utah to AMNWR and while working in the field is estimated at $4.000 far a one-month period.

Total field travel costs (budgeted under "Travel"): $15,490.

Charges for consumables (flags, stakes, cones, wiring, 12-V batteries, hammer switches, software, other non- capital equipment, etc.): $1,500. (budgeted under "Suppfies")

Total Direct Costs: $64,758 On-Campus Direct Cost Base: $64,758 Indirect Costs (On-Campus) @ 50%: $32,379 TOTAL COST TO SPONSOR: $97.137

i Geophysical Supplies Budget Benefit r Rental Fee Travel Costs Satary survep 2006-07 I

BYU students $4480 1 S 23.777.00 $ 1.878.00\'$ 19,413.00 $ 2,700.00 15,490.00! $ 1.500.00 1 $64.758

50% OF Indirect cost Total Indirect Cost TOTAL

Project Total 07-0605 BYU CONTRACT.DOC Exhibit "B"

RECORDSREQUIREMENTS

Records Which Contractor Agrees to Maintain:

Certification of effort reports

Invoices and Services Rendered Summaries submitted to the County.

3. Monthly progress report, together with the Quality Assurance Transmittal Sheet, as prescribed by the County.

4. Originals of all financial business and financial records which are customarily kept in the due course of business which, if Contractor is audited, will allow complete and detailed documentation of all monies paid to Contractor by the County and work performed by the Contractor.

NOTE: All correspondence (invoices, progress reports, letters, faxes, e-mails, etc.) relating to this Professional Services Agreement must note the Award #, as follows: "Cooperative Agreement Number DR-FG52-06NA27205, Nye County Ground Water Evaluation. All e- mails sent under this agreement are to be copied to the Administrative Technical Coordinator Susan Moore at ~moeddnvewuntvmf I// /I/

07-0605 BYU CONTRACT.DOC Exhibit V''

CERTIFICATION OF NON-DEBARMENT

1. The Contractor certifies, by acceptance and execution of this Professional Services Agreement, that to the best of hidherlits knowledge and belief, that he/she/it (and its principals if a corporation, partnership or other entity):

(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any Federal department or agency;

(b) Have not within a three (3) year period preceding this Professional Services Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (Federal, State or local) transaction or contract under a public transaction; violation of Federal or State antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property;

(c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State or local) with commission of any of the offenses enumerated in paragraph (l)(b) of this certification; and

(d) Have not within a three (3) year period preceding this Professional Services Agreement had one (I) or more public transactions (Federal, State or local) terminated for cause or default.

2. Contractor further agrees by accepting and executing this Professional Services Agreement that he/she/it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts.

3. Where the Contractor or any lower tier participant is unable to certify to this statement, he/she/it shall attach an explanation to this Professional Services Agreement.

By: Signature

Name and Title of Signing Official

Date:

Business Address: Proposal to Government of Nye County, Nevada from Brigham Young University (hereafter, "BYU");Principal Investigators: Prof. John H. McBride, Prof. Stephen T. Nelson, Prof. Alan L. Mayo, Dept. of Geological Sciences; Prof. W. Spencer Guthrie, Dept. of Civil and Environmental Engineering

Date: February 21, 2007

Proposal title: "Integrated Geophysical and Geological Investigation of Shallow Sub-surface Hydrogeology at or near Ash Meadows, Nevada: Pilot Study"

Contract period: April 1,2007 to November 1,2007. Key Contacts

Prof. John H. McBride Prof. Stephen T. Nelson Dept. of Geological Sciences Dept. of Geological Sciences Brigham Young University Brigharn Young University PO Box 24606 PO Box 24606 Provo, UT 84602 Provo, UT 84602 Tel801-422-5219 Tel801-422- 8688 fa80 1-422-0267 fa80 1-422-0267 cell 80 1 602 2 137 email [email protected] email [email protected] web www.geo10gy.byu.edu web www.geology.byu.edu

Prof. Alan L. Mayo Mr. Melvin Can Dept. of Geological Sciences Associate Director Brigham Young University Office of Research and Creative Activities PO Box 24606 A-285 ASB, PO Box 2123 1 Provo, UT 84602 Provo, UT 84602- 123 1 Tel801422-2338 Tel(801) 422-3360 fax 801 422-0267 fax (801) 422-0620 email [email protected] email [email protected] web www.geology.byu.edu web orca.byu.edu

Prof. W. Spencer Guhie Mr. Thomas S. Buqo, President Dept. of Civil and Environmental Engineering T. S. Buqo, Consulting Hydrogeologist, Inc. Brigham Young University P.O. Box 127 368 Clyde Building Blue Diamond, Nevada 89004 Provo, UT 84602 Tel702-875-4594 Tel80 1-422-3864 Fax 702-875-3594 Fax 80 1-422-0 159 email [email protected] email ,whn&b~u~du' i"' web www.ct+byu.ducd

Dr. Jim Marble, Director Prof. David G. Tingey Nye County Natural Resources Office Dept. of Geological Sciences P.O.Box 153 Brigham Young University Tonopah, NV 89049 PO Box 24606 Tel775-482-7238 Provo, UT 84602 Fax 775-482-7236 Tel(801) 422-7752 fa^ 801 422-0267 email [email protected] web www.geology.byu.edu Scientific Rationale of Research Project The Ash Meadows National Wildlife Refuge (AMNWR) is an approximately 23,000-acre area of alkaline desert uplands and wetlands fed by springs located in the Amargosa Valley, north of Las Vegas, Nevada. Ash Meadows is a world class site for studying hydrogeology and the interaction of groundwater and habitat involving rare and endangered species (http://www.fws.govldesertcomplexlashrneadows/). The Department of Geological Sciences at Brigham Young University has had an ongoing research focus in Ash Meadows, nearby discharge areas, and the Yucca Mountain Project site located approximately 45 to 50 km to the to the north-northwest of Ash Meadows (Anderson et al., 2002; Nelson et al., 2002; Mayo et al., 2003; Nelson et al., 2004; Bushman et al., 2005; Nelson et al., 2005; Bushman, 2007).

The proposed study will focus on two Nye County objectives: 1.) determine the best method(s) for surface geophysical estimation of depth to shallow groundwater in Amargosa Valley discharge areas including Ash Meadows, and 2.) investigate the geologic framework of the shallow subsurface at and around the Gravity Fault within or near the AMNWR.

Regarding the first objective, BYU will acquire a test suite of geophysical measurements, including ground-penetrating radar (GPR) and surface conductivity, with suggested interpretations at two test sites where shallow bore hole calibration of the shallow subsurface is available in the AMNWR, in an area immediately adjacent to it, or a similar major discharge area in the Amargosa Desert. The purpose of this suite of measurements will be to determine and implement a strategy for providing constraints on interpreting the depth to the water table and mapping the configuration of the water table along a profile and, ultimately as more data before available, in three dimensions. Previous studies (e.g., Kilroy (1991); Laczniak et al. (1999; 2000)) have shown a high degree of variability in the elevation of the water table in the study area and vicinity. Various geophysical tools, including resistivity and seismic methods, have been applied in Amargosa Desert in order to investigate geological problems relating to local hydrology (e.g., Farrell et al., 2000; Sandberg et al., 2001; Bushman et al., 2005).

The challenge for determining the depth to water table in the Ash Meadows area stems from the very shallow water table depths (e.g., between 3 and 20 ft below surface (Kilroy, 1991; D. Hammermeister, written communication, 2007)) and the high measured conductivities in the shallow unsaturated zone (D. Hammermeister, written communication, 2007). In order to maximize the chances of success in deploying several types of geophysical surveying techniques in a high-conductivity environment for a shallow target, we have engaged in discussions with several contractors that specialize in resistivity and conductivity surveying equipment andlor related software. We have described the near-surface conditions of the study area and the nature and depth of the target with geophysical contractors, Advanced Geophysical, Inc., Geonics Limited, and Interpex Limited. From these discussions, we have concluded that a high- resolution tool measuring surface conductivity is the first choice, especially for rapid deployment and wide coverage during a relatively short period. In response to a query about the applicability of conductivity meters versus Time Domain Electromagnetic (TDEM) Systems, Geonics responded (8 Feb. 2007), referring to the EM31-MK2 and EM34-3 Geonics conductivity meters: "It appears that changes in thickness of the 1900 mS/m layer can be detected with both these systems. The EM3 1-MK2 would be most useful at depths less than 6 metres and the EM34-3 for greater." Since the reported depth (Kilroy, 1991) to water table in the Ash Meadows area is less than 20 fi, we propose to use the EM3 1-MK2 tool in order to maximize resolution. Optionally, we propose to also test the EM34-3, in case deeper penetration (e.g., for an unexpectedly deep water table) is required.

As a secondary tool to characterize shallow water table depths, we will also test the applicability of ground-penetrating radar (GPR). In August, 2006, Profs. Nelson and McBride performed a test survey using GPR in a continuous survey mode along Devil's Hole Road for about a mile. The results of this test demonstrated that GPR is feasible in at least some environments in the Ash Meadows area; however, parts of the traverse showed very poor signal penetration. For GPR surveying in the study area, we will test the applicability of acquiring data in point mode, whereby the ground is scanned 32 or 64 times (or other large number) per position and the scans summed (stacked) in the field before writing the data to a file. In this way, each trace represents many stacked scans, which tends to cancel noise (if it is random) and enhance the stationary part of the signal, which represents the earth. A profile is constructed by spacing the points at a short distance (e.g., 1 A). This strategy represents the highest quality form of GPR data acquisition. We will test the use of 400 MHz and 200 MHz antennas.

Seismic methods are a possible third possibility; however, the very shallow target (in places 3 ft) make conventional seismic reflection profiling very time-consuming and difficult. Further, there is no guarantee that the water table would produce a reflection, especially if there is considerable capability fringe development.

However, seismic methods, especially SH-wave seismic reflection methods, are well suited to meet Nye County's second objective to better characterize the geologic framework of the shallow subsurface at and around the Gravity Fault near the AMNWR. We propose to use SH- wave land-streamer profiling (Pugin et al., 2005) along a road or path in order to produce a framework profile that will be independent of the water table or any other fluid or gas effects. The advantage of this technique for a framework profile is that it is easy to cover a significant area with a crew of three people and is non-invasive (vehicle access only is required). In addition we will reprocess existing high-resolution P-wave seismic reflection data acquired by BYU along a portion of Devil's Hole Road where a line of springs is traversed near Devil's Hole. Additionally we will integrate the results of all the seismic investigations in this project with the previous BYU seismic work as well as with the seismic profiling pefiorrned several years ago by the U. S. Geological Survey to the north of Ash Meadows (Brocher et al., 1998).

In summary, we propose to apply the following methods to the study area:

(1) Electrical conductivity sounding (Geonics EM3 1-MK2 and possibly EM34-3 equipment) will provide shallow conductivity depth models from which a water table could be measured; this is one of the classic methods for water table mapping. (2) Ground-penetrating radar (using 200 and 400 MHz antennas) will provide shallowest structural information and could possibly be used to rapidly map water table variations. (3) SH-wave seismic reflection (24 phones and 12-channel seismograph) (if conditions appear to favor P-wave over SH-wave we may additionally use P-wave reflection, which would be 48- channel). will provide very shallow structural information independent of fluid saturations; and be compared with conductivity and GPR results.

Figure 1 shows three potential candidate lines of profile (less than or equal to 1 mile) proposed as possible routes, subject to field verification prior to the surveys. One of these is near the Devil's Hole area, where BYU previously acquired a test P-wave reflection profile (Bushman et al., 2005; Bushman, 2007). This candidate line will be near a drill hole where depth to water table information is available. This information will be used to calibrate the various methods referred to above.

In December 2006, Profs. Stephen Nelson and John McBride made a brief 1.5-day reconnaissance of the Ash Meadows area in order to site other possible areas for geophysical profiles. The Rogers and Longstreet Spring line of profile seems to provide the best access to a survey across the Gravity Fault primarily within the AMNWR. There are roads that extend well to the east or well to west of the RogerdLongstreet spring area, but may not be continuous or have been reclaimed. Figure 2 shows a northeast trending road or track near Longstreet Spring. We will work with Ms. Sharon McKelvey of AMNWR in order to best locate a candidate survey line in this area, recognizing that some work may have to be conducted by stringing cable across the countryside.

Another option for a the Gravity Fault line of profile may be to look for roads outside the wildlife refuge-there is plenty of "gravity gradient'' that extends northward. If we go outside of the refuge proper, there is a prominent dirt road ("Imvie Road") just north of the discharge area as shown in Figure 1. Finally, it is understood that Nye County is presently exploring the possibility of locating one or more lines of profile that transect a range of vegetation and depth to groundwater in discharge areas immediately adjacent to AMNWR and in other major discharge areas in the Arnargosa Desert. Depth to groundwater in these areas would be determined by installing and monitoring shallow wells. These potential lines would address Nye County's first objective listed previously.

The above described candidate survey lines or routes will need to be thoroughly scouted during a trip dedicated to choosing areas and pathways for the geophysical surveys in order to confirm their suitability. Final selection of lines of profile to meet Nye County objectives will be jointly determined by BYU and Nye County and will depend on obtaining necessary permits from AMNWR andlor the Bureau of Land Management. We anticipate choosing two or three areas or profiles for study that will meet Nye County objectives.

The principal investigators understand that areas of the AMNWR are environmentally sensitive. During a brief visit to the AMNWR in December 2006, Profs. Nelson and McBride were accompanied by Ms. Sharon McKelvey of AMNWR over two sites where sensitive plants such as sunrays and bear paw poppies (Figure 3) were growing along a path of a potential geophysical survey. Steps will be taken, in cooperation with the AMNWR, to protect these and other sensitive plant species.

The proposed study will proceed as a cooperative effort between four BYU faculty, Jim Marble Director of the Nye County Natural Resources Office, T. S. Buqo, Consulting Hydrogeologist, Inc. consultant representing Nye County, Nevada, and Dale Hammermeister, a subcontractor to T. S. Buqo. It is expected that undergraduate and graduate students from BYU's Department of Geological Sciences and Department of Civil and Environmental Engineering will be participants and that the work, or aspects arising from it, will be available as subject matter for student theses. Information obtained from the project will be also used in teaching and laboratory settings at BYU. It is expected that the results of the project will be presented at national and international scientific conferences and will also be presented as scientific articles in peer-reviewed scientific journals.

e?gj:* Figure 2. An ideal possible route for a survey near Longstreet Spring.

Proposed Scientific Program Proposed work Goals: o Determine the best method[s] for geophysical estimation of depth to saturation at Ash Meadows o investigate the geologic framework of the shallow sub-surface at and around the Gravity Fault Objectives: o establish a test bedrsl at Ash Meadows where methods to be tested can be calibrated against known depth to water o conduct a seismic reflection survey across the steep gravity gradient matching the Gravity Fault Methods: o Eramework SH-wave seismic surveys: deploy equipment and crew to collect raw data process new and existing data o test-bed surveys: ground-penetrating radar conductivity Deliverables: o a preliminary report six months following the commencement of the contract o a final report eight months following the commencement of the contract that includes: results of fiamework geophysical survey results of test-bed studies, including a recommendation for deployment of a preferred method hydrological interpretation of the results, integrated with previous hydrological studies in the area schedule and description of proposed detailed studies for year two

Nye County or its representatives or contractors will secure and be responsible for all necessary permits and clearances required for access of the geophysical crew and equipment for surveying.

Disposition o fAcquired Data and Re~ortInformation BYU will retain copies of the geophysical data acquired and retain the right to publish the geophysical data as part of a scientific article and/or BYU MS. thesis. BYU will endeavor to involve the participation of all Nye County consultants or representatives in the publication of the research. BYU will provide Nye County with copies of any articles prior to submittal for publication. BYU intends to present the results of the project at national andlor international scientific conferences (e-g., held by the American Geophysical Union; Geological Society of America).

The principal investigators will make every effort to ensure high-quality results and interpretations of the data acquired. BYU and the principal investigators shall not be liable under any circumstances for any direct, indirect, incidental, or consequential damages with respect to claims by users of any report or findings arising from the proposed project. Budget Summary 0.5 month (computed as SpringlSummer salary) for Prof. W. Spencer Guthrie: I . Benefits: (16.8%). ROLE: Prof. Guihrie will be primarily responsible for conductivity surveying and analysis. (budgeted under "Salaries")

10 days (computed as Faculty Supplemental Research Compensation) salary for Prof. J. McBride: Benefits: !W(7.6%) (Current daily rate = $505.20). ROLE: Prof. McBride will be respvnsmle for seismic and GPR surveys and co-responsible for conductivity analysis. He will direct the seismic and GPR data processing, and assist in the geophysical interpretation. (budgeted under "Salaries")

10 days (computed as Faculty Supplemental Research compensation) salary for Prof. S. Nelson: Benefits: -1 (7.6%) (Current daily rate = $370.00). ROLE: Prof. Nelson will be responsible for geological interpretation and co-responsible for conductivity surveying and analysis. He will assist in the geophysical interpretation. (budgeted under "Salaries")

5 days (computed as Faculty Supplemental Research Compensation) salary for Prof. A. Mayo: 52,424. Benefits: 5184' (7.6%) (Current daily rate = $484.80). ROLE: Prof. Mayo will be responsible for geological and hydrogeological interpretation. He will also assist in the geophysical interpretation. (budgeted under "Salaries")

10 days (computed as Faculty Supplemental Research Compensation) salary for Prof. D. Tingey: . Benefits: $277 (7.6%) (Current daily rate = $364.31). ROLE: Prof. Tingey will assist with field operations at the site and pre-survey preparations. (budgeted under "Salaries")

BYU student wages: for two graduate (or undergraduate) students (@ $14/hr for 40 hours per week total (4 weeks)): (budgeted under "Students (Contract)")

Rental Fees: (1) (a) Rental of conductivity surveying equipment (maximum depth of investigation estimated by manufacturer to be 6 m); and conductivity recording equipment for 5 weeks: Rental of Geonics EM31-MK2 = $4,125; DAS70(-CX) clw Allegro (-CX) Field Computer= $1,100. (b) Optional: Additional rental of Geonics EM34-3XL: $6,188.

(2) Rental of GSSI GPR antennas (400 and. 200 MHz) and acquisition: = $4,000.

(3) Rental of 12-channel SH-wave geophone landstreamer (24 phones total), seismic source, and Geometrics 24-channel recording seismograph and computer: $4,000.

Total cost of ge&hysical tool rental: sH&. (budgeted under 44Supplies")

Cast of data processing for the thee geophysical surveys= S2i4M. @udgckdundm "S~pplics")

Field Costs: Meals during survey period for two BYU students and two BYU faculty for four weeks ($32 per day per person for 30 days (4 persons)): $3.840 Lodging ($85 per night at Longstreet Hotel, Amargosa Valley) for two BYU students (1 room double occupancy) for four weeks = $2.550; and two BYU faculty (2 rooms single occupancy) for four weeks = $5,100; total hotel cost = $7,650.

Costs of use of BYU vehicles and fuel traveling fiomho Provo, Utah to AMNWR and while working in the field is estimated at $4,000 for a one-month period.

Total field travel costs (budgeted under "Travel"): i.&&&

Charges for consurnables (flags, stakes, cones, wiring, 12-V batteries, hammer switches, software, other non-capital equipment, etc.): $l~W.U.(budgeted under "Supplies")

Total Direct Costs: $64,758 On-Campus Direct Cost Base: $64,758 Indirect Costs (On-Campus) @ 50%: $32,379 TOTAL COST TO SPONSOR: $97,137

References Anderson, K. W., Nelson, S. T., and Mayo, A. L., 2002, Sources and sinks of ground water at high discharge springs, Death Valley, California [abstract]: Rocky Mountain Section, 54th annual meeting, Cedar City, UT, United States, May 7-9, 2002, Abstracts with Programs - Geological Society of America, vol. 34, no. 4, p. 56.

Brocher, T. M., Hunter, W. C., Langenheirn, V. E., 1998, Implications of seismic reflection and potential field geophysical data on the structural Eramework of the Yucca Mountain-Crater Flat region, Nevada: Geological Society of America Bulletin, vol. 1 10, p. 947-97 1.

Bushman, M., 2007, Contribution of local late-Pleistocene recharge to discharge at Ash Meadows, Nevada [unpubl.]: M. S. thesis, Brigham Young University, in prep.

Bushman, M., McBride, J. H., Nelson, S. T., and Mayo, A. L., 2005, Preliminary results from a shallow, high-resolution seismic survey and potential field data filtering near Devil's Hole at Ash Meadows, Nevada [abstract]: Salt Lake City Annual Meeting (October 16-19,2005), Geological Society of America Abstracts with Programs, Vol. 37, No. 7, p. 373.

Farrell, D. A., LaFemina, P., Armstrong, A., Sandberg, S. K., and Rogers, N. T., 2000, Constraining Hydrogeologic Models Using Geophysical Techniques: Case Study Fortymile Wash and Amargosa Desert, Southern Nevada: Proceedings of the Symposium on the Application of Geophysics to Environmental and Engineering Problems (SAGEEP 2000), - - Sponsored by the Environmental and Engineering Geophysical Society (EEG'S), Arlington, VA, February 20-24,2000, p. 213-222. Kilroy, 1991, Groundwater Conditions in Amargosa Desert, Nevada-California, 1952-1957 (WRIR 89-4101).

Laczniak and others, 1999, Estimates of Groundwater Discharge as Determined from Measurements of Evapotranspiration , Ash Meadows Area, Nye County, Nevada (WRIR 99- 4079).

Lacniak and others, 2001, Groundwater Discharge Determined fiom Estimates of Evapotranspiration, Death Valley Regional Flow System, Nevada and California (WRIR 01- 41 95).

Mayo, A. L., Nelson, S. T., Anderson, K. W., and Tingey, D., 2003, Are high-discharge springs at Death Valley, CA the result of interbasin flow or local recharge?: Geological Society of America, 2003 annual meeting, Seattle, WA, United States, Nov. 2-5, 2003, Abstracts with Programs - Geological Society of America, vol.35, no. 6, p. 489.

Nelson, S., Anderson, K., and Mayo, A., 2002, Interbasin flow revisited: the contribution of local recharge to high discharge springs, Death Valley, CA [abstract]: Denver Annual Meeting (October 27-30, 2002), Geological Society of America Abstracts with Programs, vol. 34, no. 6, p. 393.

Nelson, S. T., Anderson, K., and Mayo, A. L., 2004, Testing the interbasin flow hypothesis at Death Valley, California: Eos, Transactions, American Geophysical Union, vol. 85, no. 37, p. 349,355-356.

Nelson, S., Miner, R., Tingey, D., and Murrell, M. T., 2005, Paleo-spring deposits as records of the balance between regional flow in faults and local recharge: a case study fiom the Tecopa Basin, CA [abstract] : Salt Lake City Annual Meeting (October 16-19,2005), Geological Society of America Abstracts with Programs, Vol. 37, No. 7, p. 246.

Pugin, A. J. M., Larson, T. H., Sargent, S. L., McBride, J. H., and Bexfield, C. E., 2004, Near- surface mapping using SH-wave and P-wave seismic land-streamer data acquisition in Illinois, U.S.: The Leading Edge, vol. 23, no.7, p. 677-682.

Sandberg, S. K., Rogers, N. T., Stamatakos, J., La Femina, P. C., and Connor, C. B., 2001, Geophysical investigation of a sinkhole in the Amargosa Desert, Nevada: Eos, Transactions of the American Geophysical Union, Abstract GPI 1B-0 1. BYU Organizational Capabilities The portion of this study performed by Brigharn Young University (BYU) will be within the Department of Geological Sciences. BYU is accredited by the Northwest Commission on Colleges and Universities. The Department has full dedicated, in-house administrative support, including a publications manager, two administrative aids, and a computer support representative. The Department has outstanding technical support staff that are dedicated to the use and maintenance of all sofhare needs for this project. The Department has highly valued grants from (-$4,500,000) Landmark (Halliburton) and Seismic Microtechnology (-$I ,050,000), which will be used for dl seismic data processing, analysis, and attribute analysis. The Department has recently added a dedicated 3D seismic visualization center, which will be used to facilitate a wider integration of geological and geophysical data. Dr, McBride has completed numerous industry courses in seismic data processing andlor mapping using this or similar software. The contract will be held by BYUYsOffice of Research and Creative Activities (ORCA). BIOGRAPHIES of KEY PERSONNEL

JOHN H. McBIUDE Proposed Role: Principal Investigator for the Contract with Brigham Young University A. Professional Preparation University of Arkansas Fayetteville Math and Geology B.S. 1978 University of Arkansas Fayetteville Geology M.S. 1980 Cornell University Geophysics Ph.D. 1987 Cornell University Post-doc Geophysics of Pafmyride Belt 1987-88

B. Appointments Aug. 2002-present: Professor, Dept. of Geological Sciences, Brigham Young University, Provo, UT. Nov. 1995-July 2002: Senior Geophysicist (by promotion), Illinois State Geological Survey, Champaign, IL. In 1997, appointed as AdJ. Professor in the Dept. of Geology, University of Illinois at Urbana-Champaign. June 1990-Sept. 1995: Research Associate promoted to Senior Assistant in Research, British Institutions Reflection Profiling Syndicate (BIRPS), Bullard Laboratories, University of Cambridge, Cambridge, England. Sept. 1988-May 1990: Geologist promoted to Exploration Geologist, Deep Water Division, Shell Offshore Inc., New Orleans, LA. Aug. 1987-Sept. 1988: Post-doctoral Associate, Institute for the Study of the Continents, Cornell University, Ithaca, NY. July 1981-Aug. 1983: Geologist promoted to Petroleum Geologist, Amoco International Oil Co., New Ventures-Africaiddle East Region, Houston, TX. Adj. Research Associate Kentucky Geological Survey 2004 Adj. Research Associate Illinois State Geological Survey 2002 Adj . Professor Univ. of Illinois at U-C 1996 Licensed Professional Geologist, State of Utah, No. 5424627-2250 2003 Fellow of the Geological Society of America 2003

C. Relevant Publications Okure, M. S., and McBride, J. H. (corresponding author), 2006, Deep seismic reflectivity beneath an intracratonic basin: Insights into the behavior of the uppermost mantle beneath the Illinois basin, Precambrian Research, v. 149, p. 99-125. Bexfield, C. E., McBride, J. H. (corresponding author), Pugin, A. J. M., Larson, T. H., Sargent, S. L., Fillerup, M. A,, Tingey, B. E., Wald, L., Northcott, M. L., South, J. V., Okure, M. S., and Chandler, M. R., 2006, Integration of P- and SH-wave high- resolution seismic reflection techniques to improve interpretation of shallow subsurface structure: New Madrid seismic zone, The llth International Symposium on deep seismic profiling of the continents and their margins, Special Issue Tectonophysics, v. 420, p. 5-21. Bexfield, C. E., McBride, J. H. (corresponding author), Pugin, A. J. M., Nelson, W. J., Larson, T. H., Sargent, S. L., 2005, The Olmsted fault zone, southernmost Illinois: a key to understanding seismic hazard in the northern New Madrid Seismic zone, Engineering Geology, 8 1, 179-20 1. England, R. W., McBride, J. H., and Hobbs, R. W., 2005, The role of Mesozoic rifting in the opening of the NE Atlantic; evidence fiom deep seismic profiling across the Faroe- Shetland Trough, Journal of the Geological Society, London, l62,66 1-673. McBride, J. H., Hatcher, R. D., Jr., Stephenson, W. J., and Hooper, R. J., 2005, Reconciliation of seismic reflection and geological observations across an internal basement massif, southern Appalachians, USA: Pine Mountain window. Geological Sociev ofAmerica Bulletin, 117,669-686. McBride, J. H., White, R. S., Smallwood, J. R., and England, R. W., 2004, Must magmatic addition to the lower crust produce reflectivity?, The 10th International Symposium on deep seismic profiling of the continents and their margins, Special Issue Tectonophysics, V. 388,271-297. Duchek, A. B., McBride, J. H. (corresponding author), Nelson, W. J., and Leetam, H. E., 2004, The Cottage Grove fault system (Illinois basin): Late Paleozoic transpression along a Precambrian crustal boundary. Geological Society of America Bulletin, v. 1 16, p. 1465-1484. Harrison, M. J., Marshak, S., and McBride, J. H., 2004, The Lackawanna synclinoriurn, Pennsylvania: A basement-controlled salt-collapse structure. Geological Society of America Bulletin, v. 116, p. 1499-1514. McBride, J. H,, Kolata, D. R., and Hildenbrand, T. G., 2003, Geophysical constraints on understanding the origin of the Paleozoic Illinois basin and the Proterozoic eastern granite-rhyolite province, USA, Tectonophysics, v. 363, p. 45-78. Marshak, S., Nelson, W. J., and McBride, J. H., 2003, Phanerozoic strike-slip faulting in the continental interior platform of the United States: examples fiom the Laramide Orogen, Midcontinent, and Ancestral Rocky Mountains. In: Storti, F., Holdsworth, R. E., and Slavini, F., eds., Intraplate Strike-slip Deformation Belts. Geological Sociefy, London, Special Publications, 120, p. 171- 196.

D. Synergistic Activities McBride's research interests include acquiring, processing, and interpreting geophysical data, particularly seismic reflection data. He specializes in applying seismic reflection methods to the study of the structure, composition, and deformation history of the earth's crust and upper mantle. During the past several years he has had a broad impact on studying the geology and geophysics of the Illinois Basin area through the procuring and reprocessing/interpretation of 1000's of kilometers of previously unavailable industry seismic reflection data from Indiana, Kentucky, and Illinois (1). He has also initiated a new seismic acquisition program in the northern New Madrid seismic zone based on evaluating earthquake hazard (2). Results from these programs have been used to enhance teaching of exploration geophysics at the Univ. of Illinois at Urbana-Champaign and at Brigham Young University and have provided material for graduate student theses (3). During 1990-1995, he was part of the British Institutions Reflection Profiling Syndicate (BIRPS) Core Group at the University of Cambridge where he planned and led (or co-planned or co-led) three major seismic acquisition programs (Mediterranean Sea- "STREAMERS" project; offshore West Africa-"OCEANS" project; offshore Shetland and Iceland; "FAST" and "FIRE" projects). These activities contributed substantially to our data base of deep seismic reflection and refraction information (4). Most recently at Brigham Young University, he has developed a graduate and undergraduate course (currently being taught) that uses deep seismic reflection data sets and literature to review the development of knowledge in areas of tectonics and crust/ma.le formation (5). STEPHEN T. NELSON Proposed Role: Co-Principal Investigator for the contracf with Nyc County A. Professional Preparation Brigham Young University Geology BS. 1984 Brigham Young University Geology M.S. 1987 University of California, Lost Angeles Geology Ph.D. 1991 UCLA Post-doc Geology 1992-1993

B. Appointments 2000-present: Associate Professor, Dept. of Geological Sciences, Brigham Young University, Provo, UT. 1997-2000: Assistant Professor, Dept. of Geological Sciences, Brigham Young University, Provo, UT. 1998-present: Member, Chair. and current Vice Chair, Utah Radiation Control Board, Salt Lake City, UT. 1993- 1997: Senior Staff through Proiect Geochemist (by promotion), Woodward-Clyde Federal Services, Las Vegas, NV 1992- 1993: Post-doctoral Associate, Dept. of Earth and Space Sciences, University of California, Los Angeles, CA. 1988- 1993: Material Science Researcher, RDMLogicon, Marina Del Rey, CA

C. Relevant Publications Miner, R.E., Nelson, S.T. (corresponding author), Tingey, D.G., and Murrell, M.T., Using fossil spring deposits in the Death Valley region, USA, to evaluate water sources and paleo-flow paths: Journal of Quaternary Science, in press. Anderson, K., Nelson, S.T. (corresponding author), Mayo, A.L., and Tingey, D.G., 2006, Interbasin flow revisited: the contribution of local recharge to high-discharge springs, Death Valley, CA: Journal of Hydrology, v. 323, p. 276-302. Nelson, S.T., Wood, J., Mayo, A.L., Tingey, D.G., and Eggett, D.L., 2005, Shoreline tda and tufaglomerate from Pleistocene Lake Bonneville, Utah, USA: Stable isotopic and mineralogical records of lake conditions, processes, and climate: Journal of Quaternary Science, v. 20, p. 3-19. Nelson, S.T., Anderson, K.W., and Mayo, A.L., 2004, Testing the interbasin flow hypothesis at Death Valley, CA, USA: EOS, v. 85, p. 349,355-356. Nelson, S.T., Karlsson, H.R., Paces, J.B., Tingey, D.G., Ward, S., and Peters, M.T., 2001, Paleohydrologic record of spring deposits in and around Pleistocene pluvial Lake Tecopa, southeastern California: Geological Society of America Bulletin. v. 113, p. 659-670. Hatch, K.A., Crawford, M.A. Kunz, A.W. Thornsen, S.R. Eggett, D.L. Nelson, S.T. and Roeder, B.L., 2006, An objective means of diagnosing anorexia nervosa and bulimia nervosa using l5~/I4~and 13 C/12 C ratios in hair: Rapid Communications in Mass Spectrometry, v. 20, p. 3367- 3373. Carre6n-Diazconti, C., Nelson, S.T., Mayo, A.L., Tingey, D.G., and Smith, M., 2003, A Mixed Groundwater System at Midway, Utah: Discriminating Superimposed Local and Regional Discharge: Journal of Hydrology, v. 273, p. 1 19-138. Nelson, S.T., and Dettman, D., 2001, Improving hydrogen isotope ratio measurements for on- line Cr reduction systems: Rapid Communications in Mass Spectrometry, v. 15, p 2301-2306. Mayo, A.L., Herron, D., Nelson, S.T., Tingey, D.G., and Tranel, M.J., 2000, Geology and hydrogeology of Timpanogos Cave National Monument, Utah in D.A. Sprinkle, P.B. Anderson and T.C. Chidsey eds The Geology of Utah Parks and Monuments. Utah Geological Association Special Publication 28 p. 141-1 54. Nelson, S.T., 2000, A simple, practical methodology for routine VSMOW/SLAP normalization of Water Samples Analyzed by Continuous Flow Methods: Rapid Communications in Mass Spectrometry, v. 14, p. 1044-1046.

D. Synergistic Activities Nelson's research interests are twofold: a) the crustal assembly of North America in the vicinity of the Colorado Plateau (-25% effort), and b) the nature of aquifer systems (both past and current) in arid and semi-arid regions in terms of their response to structural and lithologic controls, as well as climate change (-75% effort). In terms of this latter area, Nelson has developed a research program that has tested the concept of interbasin flow in an area where a plausible local recharge catchement exists (Furnace Creek, CA), and has examined paleo- flowpaths and water sources as recorded in spring deposits in the Tecopa Basin, CA. He is currently examining the up-gradient sources of voluminous discharge in the Ash Meadows, NV area where no plausible local recharge catchement exists. He is also examining groundwater residence times and interbasin transfers in eastern NV and western UT where the Southern Nevada Water Authority has proposed large withdrawals to sustain growth in the Las Vegas area. Nelson's primary area of expertise is in geochemistry, and isotope geochemistry in particular. However, his philosophy is to employ an appropriate set of tools to solve a particular problem at hand. In summary, Nelson's efforts in the area of arid and semi-arid hydrogeology is to examine and synthesize the balance of local recharge versus rising or declining regional potentiometric levels of regional aquifer systems in response to climate change, and to examine the role of faults and hydrostratigraphy in partitioning aquifer systems.

Alan L. Mayo Proposed Role: Co-Principal Investigator for the Contract with Brigham Young University A. Professional Preparation San Diego State University Geology B.S. 1970 San Diego State University Geology M.S. 1972 University of Idaho Hydrogeology Ph.D. 1981

B. Appointments 1988-present: Professor, Dept. of Geological Sciences, Brigham Young University, Provo, UT. 1982-1987: Assistant Professor, University of Colorado at Colorado Springs, CO. 1981 - 1982: Hydrogeologist, Law Engineering, Marietta, GA 1980- 198 1: Assistant Professor, University of Idaho, ID 1972-1978: Senior Environmental Specialists: San Diego County, CA

Fdbright Fellow HEW Fellow

California Registered Geologist, No. 3265 Licensed Professional Geologist, State of Utah, No.5248606-2250 Certified Professional Hydrologist No 1476, American Institute of Hydrology

C. Relevant Publications

Mayo, A.L., Davey, Allen, and Christiansen, D., in press, Groundwater Bow patterns in the San Luis Valley, Colorado, USA revisited: An evaluation of solute and isotopic data: Hydrogeology Journal. Anderson, K., Nelson, S., Mayo, A.L., and Tingey, D.G., 2006, Interbasin flow revisited: the contribution of local recharge to high-discharge springs, Death Valley, CA: Journal of Hydrology, v.323, p. 276-302. Nelson, S.T., Wood, J., Mayo, A.L.,-Tingey, D.G., and Eggett, D.L., 2005, Shoreline Tufa and Tufaglomerate fiom Pleistocene Lake Bonneville, Utah, USA: Stable isotopic and mineralogical records of lake conditions, processes, and climate: Journal of Quaternary Science, v. 20 p. 3-19. Mayo, A.L., Morris, T.H., Peltier, S., Petersen, E.C., Payne, K., Holrnan, L.S., Fogel, T., Black, B.J., and Gibbs, T.D., 2003, Active and inactive groundwater flow systems: evidence from stratified mountainous terrain: Bulletin Geological Society of America, v. 115, n. 12. p. 1456- 1472. Mayo, A.L., Nelson, S., Tingey, D., Dutson, S., and Harris, R., 2003, Flux-induced solution weathering in a large displacement fault damage zone in International Conference on Groundwater in Fracture Rocks, proceedings, Krasny J., Hrkal, Z, and Bruthans, J., ed.: IHP-VI, Series on Groundwater No. 7, Prague, Czech Republic, p. 75-76. Catteon-Diazconti, C., Nelson, S.T., and Mayo, A.L., 2003: The geohydrology of the Midway area, Utah, U.S.A., with emphasis on subsurface mixing of end member waters and the potential for transmission of whirling disease by irrigation recharge: Journal of Hydrology, v. 273, p. 119- 138. Luthi, A., Harris, R., Mayo, A.L., and Koontz, W.,2002, Structural controls of hydrodynamic anisotropy in the West Elk Mine Region, Western Colorado, USA: Environmental and Engineering Geosciences, v. 8, p. 93-102 Mayo, A.L., Petersen, E.C., and. Kravits, C., 2000, Chemical evolution of coal mine drainage in a non-acid producing environment, Wasatch Plateau, UT: Journal of Hydrology v. 236, n. 1-2, p. 1-16. Mayo, A.L., and Koontz, W., 2000, Fracture flow and groundwater compartmentalization in the Rollins Sandstone, lower Mesaverde Group, Colorado, USA: Hydrogeology Journal, v. 8, n. 4, p. 430-446. Mayo, A.L., and Morris, T.H., 2000, Conceptual model of groundwater flow in stratified mountainous terrain, Utah, USA in Groundwater: Past achievements and future challenges, Sililo, 0, ed: Proceedings of the XXX International Association of Hydrogeologist (IAH) Congress on Groundwater, Cape Town South Africa, p. 225-229. Mayo, A.L., and Klauk, 2000, Hydrogeology of Antelope Island, Great Salt Lake, Utah in King, J.K., and Willis, G.C., editors, The geology of Antelope Island, Davis County, Utah: Utah Geological Survey Miscellaneous Publication 00- 1, p. 135 - 151). (Reprinted from Journal of Hydrology) Mayo, A.L., and Muller, A.B., 1997, Contributions of external COz gas to a shallow groundwater system: Journal of Hydrology, v. 194, p. 286-304. D. Synergistic Activities Alan Mayo holds B.S. and M.S. Degrees in geology from San Diego State University and a Ph.D. in hydrogeology from the University of Idaho. He is a Registered Geologist in California and a certified Professional Hydrogeologists by the American Institute of Hydrology. He has held positions as a land use planner for San Diego County and as a hydrogeologist in the consulting industry. He is currently a Professor of Hydrogeology at Brigham Young University and the managing partner of Mayo and Associates, LC (a consulting company specializing in aquifer analysis and contaminant hydrogeology). At BYU he conducts research in applied and theoretical aspects of hydrogeochemistry and isotope chemistry, and he is widely published. His consulting company has performed extensive work in Utah, Colorado, Nevada, Idaho, and California and he has provided expert testimony in several major groundwater contamination litigations including the so-called "Erin Brockovich" case.

His research interest includes both applied and theoretical research in solute and isotope hydrogeochernistry, and basin analysis. Applied research has involved physical hydrogeology, geochemical modeling, geothermal groundwater system, closed and other sedimentary basins, coal sequence environments, and groundwater compartmentalization. He and his students have investigated groundwater systems in the western US, Bolivia, Mexico, and the Czech Republic. On the theoretical front he works on the origin of exsolving COz in groundwater and on models of radiocarbon groundwater dating.

W. SPENCER GUTHRIE, Ph.D. Department of Civil and Environmental Engineering Brigharn Young University 368 Clyde Building Provo, UT 84602 (801) 422-3864 Voice (801) 422-0159 Fax [email protected]

EDUCATION Doctor of Philosophy, Civil Engineering, Texas A&M University, 2002 Master of Science, Civil Engineering, Texas A&M University, 1999 Bachelor of Science, Civil and Environmental Engineering, Utah State University, 1998 EXPERIENCE Assistant Professor, Brigham Young University, Provo, UT, 2002-present Provided class instruction for courses in civil engineering materials, concrete mixture design, pavement design, and geometric highway design and coordinated associated laboratory and field learning activities; established new transportation materials laboratory; pursued research activities related to pavements and materials; prepared research reports and technical publications; advised graduate and undergraduate students

Pavement Engineering Consultant, 2002-present Provided pavement engineering services for several agencies; determined frost susceptibility and capillary rise potential of subgrade soils; evaluated effect of cement treatment on strength and durability of aggregate base materials; calculated equivalent axle load factors for heavy transport vehicles; computed structural capacities and expected service lives of pavement sections; provided pavement designs and recommended specific construction techniques; conducted ground-penetrating radar surveys to characterize subsurface structures

Graduate Research Assistant, Texas Transportation Institute, College Station, TX, 1998-2002 Conducted extensive laboratory characterizations of unbound and stabilized aggregate base materials, including chemical, electrical, hydraulic, and mechanical testing; authored numerous technical memorandu~s,research reports, and journal articles; assisted in field investigations of asphalt and concrete pavements using ground-penetrating radar, infrared imaging, deflection measurements, and other non-destructive testing; developed laboratory test protocols for assessing moisture and fiost susceptibilities of granular base materials; participated in international round-robin testing; conducted statistical evaluations for preparing precision statements; conducted training seminars for Texas Department of Transportation personnel

Civil Engineering Intern, Hansen and Associates, Inc., Brigham City, UT, 1998 Designed and drafted concept, preliminary, and final subdivision plats; completed storm water analyses using computer simulations; designed detention ponds; prepared pavement grading plans and parking layouts; estimated costs for various engineering projects; inspected construction sites; prepared annexation plats and associated legal descriptions; conducted feasibility studies; mapped wetlands; addressed water appropriation issues

Civil Engineering Intern, Smithfield City Corporation, Smithfield, UT, 1996-98 Conducted topographical and geometrical surveys for diverse public works projects; designed and drafted water, sewer, irrigation, and storm drain systems; designed vertical. alignment profiles for street reconstruction projects; .prepared cost estimates for numerous municipal projects; inspected construction sites; performed various materials testing; updated city base map with zoning ordinance amendments and subdivision developments; monitored water flow through canals and springs using weirs and flumes; implemented electronic water meter reading system

RESEARCH FUNDING Studies on Corrosion of Steel Reinforcement in Concrete Bridge Decks, Utah Department of Transportation, $30,000, November 2006 Evaluation of Overlay Rutting Susceptibility, Utah Department of Transportation, $35,000, October 2006 Effect of Laboratory Conditioning and Compaction Characteristics on Project Specifications for Cement-Treated Materials, Portland. Cement Association, $120,000, March 2006 Evaluation of Full-Depth Recycling on Strength and Durability of Pavement Base Layers, Asphalt Zipper, $1 6,500, July 2005 Full-Depth Recycling and Stabilization of Pavement Base Layers, Utah Department of Transportation, $100,000, June 2005 Effect of Stay-in-Place Metal Forms on Concrete Bridge Deck Performance, Utah Department of Transportation, $53,000, May 2005 Investigation of Conelations between Bridge Deck Condition Assessment Parameters and Performance, Utah Department of Transportation, $2 1,100, September 2004 Evaluation of Cement Stabilization for Frost and Early Traffic Conditions, Portland Cement Association, $100,000, April 2004 Recommendations for Preventive Deck Joint and Surface Treatment Strategies, Utah Department of Transportation, $69,815, October 2003 Concrete Bridge Deck Rehabilitation and Replacement Strategies, Utah Department of Transportation, $45,362, May 2003

REFERl3ED JOURNAL ARTICLES Guthrie, W. S., R. D. Lay, and A. J. Birdsall. Effect of Reduced Cement Contents on Frost Heave of Silty Soil: Laboratory Testing and Numerical Modeling. In Transportation Research Record: Journal of the Transportation Research Board, Transportation Research Board, National Research Council, Washington, D.C., 2006, accepted for publication.

Guthrie, W. S., D. A. Cooley, and D. L. Eggett. Effects of Reclaimed Asphalt Pavement on Mechanical Properties of Base Materials. In Transportation Research Record: Journal of the Transportation Research Board, Transportation Research Board, National Research Council, Washington, D.C., 2006, accepted for publication.

Guthrie, W. S., A. V. Brown, and D. L. Eggett. Cement Stabilization of Aggregate Base Material Blended with Reclaimed Asphalt Pavement. In Transportation Research Record: Journal of the Transportation Research Board, Transportation Research Board, National Research Council, Washington, D.C., 2006, accepted for publication.

Guthrie, W. S., E. T. Linford, and D. Eixenberger. Development of an Index for Concrete Bridge Deck Management in Utah. In Transportation Research Record: Journal of the Transportation Research Board, Transportation Research Board, National Research Council, Washington, D.C., 2006, in review.

Birdsall, A. W., W. S. Guthrie, and D. P. Bentz. Effects of Initial Swface Treatment Timing on Chloride Concentrations in Concrete Bridge Decks. In Transportation Research Record: Journal of the Transportation Research Board, Transportation Research Board, National Research Council, Washington, D.C., 2006, accepted for publication.

Guthrie, W. S., S. L. Frost, A. W. Birdsall, E. T. Linford, L. A. Ross, R. A. Crane, and D. L. Eggett. Effect of Stay-in-Place Metal Forms on Performance of Concrete Bridge Decks. In Transportation Research Record: Journal of the Transportation Research Board, No. 1958, Transportation Research Board, National Research Council, Washington, D.C., 2006, pp. 33-41.

Blankenagel, B. J. and W. S. Guthrie. Laboratory Characterization of Recycled Concrete for Use as Pavement Base Material. In Transportation Research Record: Journal of the Transportation Research Board, No. f 952, Transportation Research Board, National Research Council, Washington, D.C., 2006, pp. 21-27. Herrnmsson, A. and W. S. Guthrie. Numerical Modeling of Thaw Penetration in Frozen Ground Subject to Low-Intensity Infrared Heating. Journal of Cold Regions Engineering, Vol. 20, No. 1, March 2006, pp. 4-19.

Hermansson, A. and W. S. Guthrie. Frost Heave and Water Uptake Rates in Silty Soil Subject to Variable Water Table Height during Freezing. Cold Regions Science and Technology, Vol. 43, No. 3, December 2005, pp. 128-139.

Guthrie, W. S., T. B. Young, B. J. Blankenagel, and D. A. Cooley. Early-Age Strength Assessment of Cement-Treated Base Material. In Transportation Research Record: Journal of the Transportation Research Board, No. 1936, Transportation Research Board, National Research Council, Washington, D.C., 2005, pp. 12-19.

Blankenagel, B. J. and W. S. Guthrie. Deterioration of Asphalt Pavement at Long-Term Pavement Performance Program Site 49-1001. In Transportation Research Record: Journal of the Transportation Research Board, No. 1933, Transportation Research Board, National Research Council, Washington, D.C., 2005, pp. 121-125.

Guthrie, W. S. and A. Hermansson. Frost Heave of Variably Saturated Aggregate Base Materials. In Transportation Research Record: Journal of the Transportation Research Board, No. 1821, Transportation Research Board, National Research Council, Washington, D.C., 2003, pp. 13-19.

Guthrie, W. S. and H. Zhan. Solute Effects on Long-Duration Frost Heave Behavior of Limestone Aggregate. In Transportation Research Record: Journal of the Transportation Research Board, No. 1786, Transportation Research Board, National Research Council, Washington, D.C., 2002, pp. 112- 1 19.

Guthrie, W. S., Ellis, P., and T. Scullion. Repeatability and Reliability of the Tube Suction Test. In Transportation Research Record: Journal of the Transportation Research Board, No. 1772, Transportation Research Board, National Research Council, Washington, D.C., 2001, pp. 151-157.

REFERIZED CONFERENCE PROCEEDINGS Guthrie, W. S., B. Smith, R. A. Crane, and H. J. Miller. Design and Construction of Pavements in Cold Regions: Questionnaire Survey of State Departments of Transportation. In Transportation Research Board 86th Annual Meeting Compendium of Papers. CD-ROM. Transportation Research Board, National Research Council, Washington, D.C., January 2007.

Guthrie, W. S. and T. B. Young. Evaluation of Transition Cement for Stabilization of Frost- Susceptible Base Material in Conjunction with Full-Depth Recycling in Weber Canyon, Utah. In Proceedings of the American Society of Civil Engineers Thirteenth International Conference an Cold Regions Engineering. CD-ROM. Orono, Maine, July 2006.

Miller, H., W. S. Guthrie, M. Kestler, and C. Carbo. Cement Treatment of Frost-Susceptible New England Base Materials Blended with Reclaimed Asphalt Pavement. In Proceedings of the American Society of Civil Engineers Thirteenth International Conference on Cold Regions Engineering. CD-ROM. Orono, Maine, July 2006.

Guthrie, W. S. and A. Hermansson. Saturation of Granular Base Material Due to Water Vapor Flow during Freezing. In Proceedings of the American Society of Civil Engineers Thirteenth International Conference on Cold Regions Engineering. CD-ROM. Orono, Maine, July 2006.

Ellis, P. M. and W. S. Guthrie. Estimation of Remaining Pavement Life with an Absorbing Markov Chain. In Proceedings of Western Decision Sciences Institute, Waikoloa, Hawaii, April 2006.

Crane, R. A., W. S. Guthrie, D. L. Eggett, and J. R. Hanson. Roughness of Flexible Pavements with Cement-Treated Base Layers. In Transportation Research Board 85th Annual Meeting Compendium of Papers. CD-ROM. Transportation Research Board, National Research Council, Washington, D.C., Januavy 2006.

Woffinden, K. H., W. S. Guthrie, and D. L. Eggett. Effect of Scarification on Asphalt Patch Joint Bond Strength. In Transportation Research Board 84th Annual Meeting Compendium of Papers. CD-ROM. Transportation Research Board, National Research Council, Washington, D.C., January 2005.

Hema, J. and W. S. Guthrie. Construction and Condition Assessment of Concrete Bridge Decks and Decision Thresholds for Deck Rehabilitation and Replacement: State of the Practice. In Transportation Research Board 84th Annual Meeting Compendium of Papers. CD-ROM. Transportation Research Board, National Research Council, Washington, D.C., January 2005.

Guthrie, W. S., B. J. Blankenagel, and C. Nielsen. Low-Intensity Infrared Heating for Frozen Ground Preparation in Civil Construction. In Proceedings of the American Society of Civil Engineers Twelfth International Specialty Conference on Cold Regions Engineering. CD-ROM. Edmonton, Alberta, Canada, May 2004.

Hermansson, A. and W. S. Guthrie. Effect of Water Table Height on Frost Heave and Water Uptake Rates in Silty Soil. In Transportation Research Board 83rd Annual Meeting Compendium of Papers. CD-ROM. Transportation Research Board, National Research Council, Washington, D.C., January 2004.

Sebesta, S., W. S. Guthrie, and J. P. Harris. Gyratory Compaction of Soils for Laboratory Swell Tests. In Transportation Research Board 83rd Annual Meeting Compendium of Papers. CD- ROM. Transportation Research Board, National Research Council, Washington, D.C., January 2004.

Guthrie, W. S., A. Hermansson, and T. Scullion. Determining Aggregate Frost Susceptibility with the Tube Suction Test. In Cold Regions Engineering: Cold Regions Impacts on Transportation and Infrastructure, American Society of Civil Engineers, Reston, VA, May 2002, pp. 663-674. PROFESSIONAL AFFILIATIONS Committee on Transportation and Infiastmcture, Technicd Council on Cold Region Engineering, American Society of Civil Engineers, 2004-present Center for Earth Remote Sensing, Brigham Young University, 2004-present Asphalt Recycling and Reclaiming Association, 2003-04 America's Registry of Outstanding Professionals, 2002-03 Committee on Frost Action, Transportation Research Board, 200 1-present American Society of Civil Engineers, 1996-present