HomeMy WebLinkAbout07/11/2017 06C Aquifer Storage and Recovery Permit; Washington State DOE GrantBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 6.C.
For Meeting of: July 11, 2017
ITEM TITLE: Resolution authorizing Agreement with the State of Washington
Department of Ecology for a grant in the amount of $30,600 for
Completion of Ecology Requirements in the Aquifer Storage and
Recovery Permit
SUBMITTED BY: David Brown, Water/Irrigation Division Manager, 509-575-6204
Scott Schafer, Director of Public Works
SUMMARY EXPLANATION:
A permit for the City of Yakima's Aquifer Storage and Recovery Water Supply project was issued
by Washington Department of Ecology in January of 2017. The permit outlines several
requirements that must be met prior to the City being allowed to proceed with recharging or
recovering water from the aquifer.
The requirements of the Department of Ecology are:
1) Developing a Quality Assurance Project Plan (QAPP) (water quality testing
assurance)
2) Preparing an Engineering Technical Memorandum (outlining options for reducing
disinfection byproducts)
3) Developing an Operations and Maintenance Manual (standard operating
procedures for the Aquifer Storage and Recovery Project)
4) Conduct meetings to support development of the above mentioned materials.
The Department of Ecology, through the Yakima Basin Integrated Plan, is issuing a grant in the
amount of $30,600 towards completion of the listed requirements through Interagency
Agreement No. C1700161. The total effort is expected to cost approximately $45,160. The
remaining balance will be funded from the Water Division's Water Improvement Fund.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR City Manager
SUBMITTAL:
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
D Resolution
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Upload Date
Type
6/2612017
Resolution
6/26/2017
Contract
RESOLUTION NO. R -2017-
A RESOLUTION authorizing execution of an Agreement with the state of Washington
Department of Ecology for a grant of $30,600 for Completion of Ecology
Requirements in the Aquifer Storage and Recovery Permit.
WHEREAS, funding has been provided under the Yakima Basin Integrated Plan for
several concepts related to improvement and reliability of water supplies in the Yakima River
Basin; and
WHEREAS, one of those concepts involves Aquifer Storage and Recovery. Funding has
been designated for proof of concept and permitting to meet these water supply goals; and
WHEREAS, the City of Yakima owns and operates the City's Water Supply, Treatment
and Distribution in accord with applicable Federal, State and Local regulations; and
WHEREAS, the City is interested in an environmentally beneficial project for improving
water supply to its residents; and
WHEREAS, the City is interested in providing an adequate water supply as climate
change affects water availability, and
WHEREAS, Yakima Basin Integrated Plan through the state of Washington Department
of Ecology provided the City of Yakima a $30,600 grant toward the Completion of Ecology
requirements in the Aquifer Storage and Recovery Permit, a copy of Interagency Agreement
(IAA No. C1700161) is attached hereto and incorporated herein by this reference; and
WHEREAS, the City Council finds and determines that approval of such Grant
Agreement is in the best interests of residents of the City of Yakima and will promote the
general health, safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council approves the Agreement and authorizes the City Manager to execute
and administer such Agreement with the state of Washington Department of Ecology, to
execute and administer all applicable documents and agreements pursuant to such
grant from the state of Washington Department of Ecology and to cause a copy of such
Agreement to be filed or otherwise posted on the City's web site in accordance with
RCW 39.34.040.
ADOPTED BY THE CITY COUNCIL this 11th day of July, 2017
Kathy Coffey, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
\r
DEPARTMENT OF
ECOLOGY
State of Washington
IAA No. C1700161
INTERAGENCY AGREEMENT (IAA)
BETWEEN
THE STATE OF WASHINGTON, DEPARTMENT OF ECOLOGY
AND
CITY OF YAKIMA
THIS INTERAGENCY AGREEMENT ("Agreement" or "IAA") is made and entered into by and between
the state of Washington, Department of Ecology, hereinafter referred to as "ECOLOGY," and the City of
Yakima hereinafter referred to as "Yakima" pursuant to the authority granted by Chapter 39.34 RCW.
THE PURPOSE OF THIS AGREEMENT is for Aquifer Storage and Recovery (ASR) Permit
Implementation Support.
WHEREAS, RCW 90.38 Yakima River Basin Water Rights provides authority to implement projects that
support development of new water supplies in the Yakima River basin;
WHEREAS, RCW 90.38.005 declares that the Legislature finds that the interests of the state will be served
by developing programs, in cooperation with the United States and the various water users in the
basin, that increase the overall ability to manage basin waters in order to better satisfy both
present and future needs for water in the Yakima river basin, and, that the interests of the state
will also be served through coordination of federal and state policies and procedures in order to
develop and implement projects within the framework of the integrated water resource
management plan for the Yakima river basin. The pace of integrated plan implementation over
the long term depends upon adequate funding and is subject to the availability of amounts
appropriated for this purpose;
WHEREAS, RCW 35.21.735(2), declares that Yakima has authority to enter into agreements with the United
States or any agency or department thereof, or any agency of the state government or its political
subdivisions, and pursuant to such agreements may receive and expend, or cause to be received
and expended by a custodian or trustee, federal or private funds for any lawful public purpose.
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THEREFORE, IT IS MUTUALLY AGREED THAT:
1) SCOPE OF WORK
Yakima shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things
necessary for or incidental to the performance of the work set forth in Appendix A, Statement of Work and
Budget, attached hereto and incorporated herein.
2) PERIOD OF PERFORMANCE
The period of performance of this IAA shall commence on June 20, 2017 and be completed by June 30, 2018,
unless terminated sooner as provided herein. Amendments extending the period of performance, if any, shall
be at the sole discretion of ECOLOGY.
3) COMPENSATION
Compensation for the work provided in accordance with this IAA has been established under the terms of RCW
39.34.130 and RCW 39.26.180(3). This is a performance-based agreement, in which payment is based on the
successful completion of expected deliverables.
The source of funds for this IAA is State Building Construction Fund
The parties have determined that the cost of accomplishing the work identified herein will not exceed
$30,600.00, including any indirect charges. Payment for satisfactory performance of the work shall not exceed
this amount unless the parties mutually agree via an amendment to a higher amount. Compensation for services
shall be based on the terms and tasks set forth in Appendix A, Statement of Work and Budget. ECOLOGY
will not make payment until it has reviewed and accepted the completed work.
4) BILLING AND PAYMENT PROCEDURE
Payment requests shall be submitted on state form, Invoice Voucher A19 -1A. Invoices shall describe and
document to ECOLOGY's satisfaction a description of the work performed, the progress of the work, and
related costs. Each invoice voucher shall reference the Agreement (IAA) number and clearly identify those
items that relate to performance under this Agreement. Payment will be made within thirty (30) days of
submission of a properly completed invoice (form A19 -1A) with supportive documentation. All expenses
invoiced shall be supported with copies of invoices paid.
Send invoices to:
State of Washington
Department of Ecology
Attn: Al Josephy
P.O. Box 47600
Olympia, WA 98504-7600
Payment requests may be submitted on a monthly basis or at the completion of the work. Upon expiration of
this Agreement, any claim for payment not already made shall be submitted to ECOLOGY within 30 days after
the expiration date or the end of the fiscal year, whichever is earlier.
Payment will be issued through Washington State's Department of Enterprise Services Statewide Payee
Desk. To receive payment you must be registered as a state-wide vendor. To register submit a state-wide
vendor registration form and an IRS W-9 form at website,
http://www.des.wa.gov/services/Contractingpurchasing/BusinessNendorPg /Pages/default.aspx. If you
have questions about the vendor registration process you can contact DES at the Payee Help Desk at
(360) 407-8180 or email paveehelpdeskAwatech.wa. oovv.
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5) ALTERATIONS AND AMENDMENTS
This Agreement may be amended by mutual agreement of the parties. Such amendments shall not be binding
unless they are in writing and signed by personnel authorized to bind each of the parties.
6) ASSIGNMENT
The work to be provided under this Agreement, and any claim arising thereunder, is not assignable or delegable
by either party in whole or in part, without the express prior written consent of the other party, which consent
shall not be unreasonably withheld.
7) ASSURANCES
Parties to this Agreement agree that all activity pursuant to this agreement will be in accordance with all
the applicable current federal, state, and local laws, rules, and regulations.
8) CONFORMANCE
If any provision of this Agreement violates any statute or rule of law of the state of Washington, it is
considered modified to conform to that statute or rule of law.
9) DISPUTES
Parties to this Agreement shall employ every effort to resolve a dispute themselves without resorting to
litigation. In the event that a dispute arises under this Agreement that cannot be resolved among the parties,
it shall be determined by a Dispute Board in the following manner. Each party to this Agreement shall
appoint one member to the Dispute Board. The members so appointed shall jointly appoint an additional
member to the Dispute Board. The Dispute Board shall review the facts, agreement terms, and applicable
statutes and rules, and then make a determination of the dispute. The determination of the Dispute Board
shall be final and binding on the parties hereto, unless restricted by law. The cost of resolution will be
borne by each party paying its own cost. As an alternative to this process, if state agencies, either of the
parties may request intervention by the Governor, as provided by RCW 43.17.330, in which event the
Governor's process will control. The parties may mutually agree to a different dispute resolution process.
10) FUNDING AVAILABILITY
ECOLOGY's ability to make payments is contingent on availability of funding. In the event funding from
state, federal, or other sources is withdrawn, reduced, or limited in any way after the effective date and prior
to completion or expiration date of this Agreement, ECOLOGY, at its sole discretion, may elect to terminate
the Agreement, in whole or part, for convenience or to renegotiate the Agreement subject to new funding
limitations and conditions. ECOLOGY may also elect to suspend performance of the Agreement until
ECOLOGY determines the funding insufficiency is resolved. ECOLOGY may exercise any of these
options with no notification restrictions, although ECOLOGY will make a reasonable attempt to provide
notice.
In the event of termination or suspension, ECOLOGY will reimburse eligible costs incurred by the
CONTRACTOR through the effective date of termination or suspension. Reimbursed costs must be agreed
to by ECOLOGY and the CONTRACTOR. In no event shall ECOLOGY's reimbursement exceed
ECOLOGY's total responsibility under the agreement and any amendments.
11) GOVERNING LAW AND VENUE
This Agreement is entered into pursuant to and under the authority granted by the laws of the state of
Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform
to those laws. This Agreement shall be construed and interpreted in accordance with the laws of the state
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of Washington, and the venue of any action brought hereunder shall be in the Superior Court for Thurston
County.
12) INDEPENDENT CAPACITY
The employees or agents of each party who are engaged in the performance of this Agreement shall continue
to be employees or agents of that party and shall not be considered for any purpose to be employees or agents
of the other party.
13) ORDER OF PRECEDENCE
In the event of an inconsistency in the terms of this Agreement, or between its terms and any applicable statute
or rule, the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable federal and state of Washington statutes, regulations, and rules.
b. Mutually agreed upon written amendments to this Agreement.
c. This Agreement, number C1700161.
d. Appendix A, Statement of Work and Budget.
■ Any other provisions or term of this Agreement, including materials incorporated by reference or
otherwise incorporated.
14) RECORDS MAINTENANCE
The parties to this Agreement shall each maintain books, records, documents and other evidence that
sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the
service(s) described herein. These records shall be subject to inspection, review or audit by personnel of both
parties, other personnel duly authorized by either party, the Office of the State Auditor, and federal officials so
authorized by law. All books, records, documents, and other material relevant to this Agreement will be
retained for six years after expiration of this Agreement and the Office of the State Auditor, federal auditors,
and any persons duly authorized by the parties shall have full access and the right to examine any of these
materials during this period.
Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will
remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or
make available this material to any third parties without first giving notice to the furnishing party and giving it
a reasonable opportunity to respond. Each party will utilize reasonable security procedures and protections to
assure that records and documents provided by the other party are not erroneously disclosed to third parties
subject to state public disclosure laws.
15) RESPONSIBILITIES OF THE PARTIES
Each party of this Agreement hereby assumes responsibility for claims and/or damages to persons and/or
property resulting from any act or omissions on the part of itself, its employees, its officers, and its agents.
Neither party will be considered the agent of the other party to this Agreement.
16) RIGHTS IN DATA
Unless otherwise provided, data which originates from this Agreement shall be "work made for hire" as defined
by the United States Copyright Act, Title 17 U.S.C. section 101 and shall be owned by state of Washington,
ECOLOGY. Data shall include, but not be limited to, reports, documents, pamphlets, advertisements, books
magazines, surveys, studies, computer programs, films, tapes, and/or sound reproductions. Ownership includes
the right to copyright, patent, register, and the ability to transfer these rights.
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17) SEVERABILITY
If any provision of this Agreement or any provision of any document incorporated by reference shall be held
invalid, such invalidity shall not affect the other provisions of this Agreement which can be given effect without
the invalid provision, if such remainder conforms to the requirements of applicable law and the fundamental
purpose of this Agreement, and to this end the provisions of this Agreement are declared to be severable.
18) SUBCONTRACTORS
Yakima agrees to take complete responsibility for all actions of any Subcontractor used under this Agreement
for the performance. When federal funding is involved there will be additional subcontractor requirements and
reporting.
Prior to performance, all subcontractor who will be performing services under this Agreement must be
identified, including their name, the nature of services to be performed, address, telephone, WA State
Department of Revenue Registration Tax number (UBI), federal tax identification number (TIN), and
anticipated dollar value of each subcontract. Provide such information to ECOLOGY's agreement manager.
19) TERMINATION FOR CAUSE
If for any cause, either parry does not fulfill in a timely and proper manner its obligations under this Agreement,
or if either parry violates any of these terms and conditions, the aggrieved party will give the other party written
notice of such failure or violation. The responsible party will be given the opportunity to correct the violation
or failure within fifteen (15) business days. If failure or violation is not corrected, this Agreement may be
terminated immediately by written notice of the aggrieved parry to the other.
20) TERMINATION FOR CONVENIENCE
Either party may terminate this Agreement without cause upon thirty (30) calendar day prior written notification
to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered
or costs incurred in accordance with the terms of this Agreement prior to the effective date of termination.
21) WAIVER
A failure by either party to exercise its rights under this Agreement shall not preclude that parry from subsequent
exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated
to be such in a written amendment to this Agreement signed by an authorized representative of the parties.
22) AGREEMENT MANAGEMENT
The representative for each of the parties shall be responsible for and shall be the contact person for all
communications, notifications, and billings questions regarding the performance ofthis Agreement. The parties
agree that if there is a change in representatives that they will promptly notify the other party in writing of such
change, such changes do not need an amendment.
The ECOLOGY Representative is:
The Yakima Representative is:
Name: Danielle Squeochs
Name:
David Brown
Address: Department of Ecology
Address:
2301 Fruitvale Blvd.
1250 West Alder Street
Yakima, WA 98902
Phone: 509-454-4242
Phone:
509-575-6204
Email: daja461@ecy.wa.gov
Email:
david.brown@yakimawa.gov
Fax:
Fax:
509-575-6187
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23) ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms and conditions agreed upon by the parties. No other understandings,
oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
The signatories to this Agreement represent that they have the authority to bind their respective
organizations to this Agreement.
IN WITNESS WHEREOF, the parties below, having read this Agreement in its entirety, including all
attachments, do agree in each and every particular as indicated by their below signatures.
State of Washington
Department of Ecology
Signature
City of Yakima
By:
Date Signature
G. Thomas Tebb: Cliff Moore:
Director, Office of Columbia: Title: City Manager
Approved as to form only:
Office of Attorney General
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APPENDIX A
STATEMENT OF WORK AND BUDGET
Background
This scope of work pertains to activities the City of Yakima (City) will complete as required by the
Washington State Department of Ecology (Ecology) that are identified in the Report of Examination
(ROE), R4 -34552P as part of the implementation of the City's Aquifer Storage and Recovery (ASR)
permit. These tasks are scheduled to be completed by December 31, 2017.
Scope of Services
Task I — Quality Assurance Project Plan
Objective
Prepare a Quality Assurance Project Plan (QAPP) to define the monitoring and reporting to be
conducted during ASR project implementation.
Activities
1. Prepare Draft QAPP, per Task 3 of the ROE Compliance Schedule, based on Ecology requirements
and incorporating the monitoring provisions (flow/water level and water quality) described in the
ROE.
2. Prepare Final QAPP, based on Ecology review comments.
Assumptions
1. The QAPP will follow, to the extent practical, the format and approach of the QAPP developed for
the Gardner Test Plan. That previously developed QAPP is an attachment to the Gardner Test Plan
and references materials within the Test Plan. The QAPP developed in this taskfor the ASR permit
will integrate references from the Test Plan in order to be a stand-alone document, and will be
consistent with the Operations and Maintenance Manual that will be developed under Task 3.
Deliverables
1. QAPP (in PDF format). Draft and Final versions.
Task 2 —Engineering Technical Memorandum
Objective
Prepare a technical memorandum assessing options the City could implement to reduce and/or manage
disinfection byproduct (DBP) concentrations to meet ASR permit enforcement limits.
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Activities
1. Develop a list of DBP precursor monitoring and management methods.
2. Qualitatively evaluate the methods according to a comparison approach similar to that utilized in the
AKART analysis prepared previously in the ASR permitting effort. Evaluation criteria will include
effectiveness, implementability, and cost.
3. Prepare hydraulic control analysis, per Task 2 of the ROE Compliance Schedule. This will include
fAconsideration of.-
A.
. The ambient aquifer hydraulic gradient, flow velocities, and aquifer properties reported and cited
in Pitre and Austreng'.
B. The following two "bookend" scenarios, after IO years of recharge:
i. Recharge and recovery only in the Gardner Well, as a most likely scenario particularly in the
initial years of operation.
ii. Recharge only in the Southwest Well and recovery only in the Kissel Well, as a scenario in
which the least amount of recharged water will be actively recovered.
C. The analysis will be at a conceptual level, supported by graphical illustrations based on
analytical groundwater equations.
4. Prepare Draft Technical Memorandum, per Task I of the ROE Compliance Schedule.
5. Prepare Final Technical Memorandum, based on Ecology review comments.
Assumptions
1. The technical memorandum will not address, other than by reference, DBP treatment options, as
these have been sufficiently evaluated in the prior AKART analysis.
Deliverables
1. Technical Memorandum (in PDF format). Draft and Final versions.
Task 3 — Operations and Maintenance Manual
Objective
Prepare an O&M manual for use by City staff that describes the operation of the ASR system components
and summarizes the monitoring and reporting requirements of staff.
Activities
1. Prepare O&MManual, generally following the outline of the O&MManual previously developed
during an earlier stage of the ASR effort. The components of the O&MManual are listed below:
A. Introduction
B. Initiation ofRecharge
' Pitre, C. and A. Austreng, 2015. City of Yakima Gardner WeIIASR Test Report. Golder project 103-93060-03.
Prepared for HDR under U.S. Bureau of Reclamation Contract No. R13PC10006.
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C. Monitoring and Maintenance during Recharge
D. Terminating Recharge
E. Recovery Operations
F. Water Quality Monitoring Schedule
G. Laboratory Contacts
K Reporting
Assumptions
1. The O&MManual will be prepared to a level of detail similar to that of the previously developed
manual.
2. The O&MManual will not be reviewed by Ecology.
3. The Manual will describe operations with and without implementation of additional DBP precursor
management approaches as will be assessed in Task 2.
4. Pertinent sections of the Manual will incorporate information presented in the QAPP.
Deliverables
1. Operations and Maintenance Manual (in Word/PDF format).
Task 4 — Meetings
Objective
Meetings to support development of the above mentioned materials.
Activities
1. There will be one in-person meeting in Yakima (assumed to be no longer than two hours in length)
and up to S phone calls (assumed to be no longer than 2 hours each) with City and Ecology staff to
discuss Draft Final QAPP and Engineering Technical Memorandum.
Deliverables
1. Meeting notes.
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Schedule
13
The anticipated project schedule is depicted below. Completion dates are based on the notice -to -proceed
date listed.
Item
Anticipated Completion
QAPP Draft (submitted to Ecology)
September 1, 2017
Engineering Technical Memorandum Draft
(submitted to Ecology)
October 1, 2017
Review Meeting with Ecology
October 30, 2017
QAPP and Engineering Technical Memorandum
Final (submitted to Ecology)
December 31, 2017
O&MManual Final (on file at City)
December 31, 2017
Budget
Task
No.
Task
Total
I
QAPP
$8,575
2
Technical Memorandum
$13,620
3
O&MManual
$3,880
4
Meetings
$4,525
Totals
$30,600
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