Loading...
HomeMy WebLinkAboutAspect Consulting, LLC - Aquifer Storage Recovery Permitting SupportAspct p Ak ec 111PCONSULTING Contract Order Contract No.: 1 Project No.: 190600 Date: April 15, 2020 Client: City of Yakima, Attn: David Brown Project Name: City of Yakima ASR Permitting Support Description of Work Cost Aspect Consulting, LLC (Aspect) understands the City of Yakima (City) would like support with requesting an amendment to its Aquifer Storage and Recovery (ASR) Reservoir Permit (No. R4-34552) from the Department of Ecology (Ecology). A successful amendment to the Reservoir Permit would allow the City to reduce monitoring and reporting costs and provide greater water right authority (recoverable storage quantity) for the City's planned and existing wells. This Contract Order presents Aspect's Scope of Work to support the City in this effort, with the following anticipated tasks to be completed under direction of the City's project manager. Near the conclusion of each task, Aspect will review findings with the City to discuss the need to progress to the following task. Task 1: Review and Assess Monitoring Data and Past Reports This task will identify tactics for requesting a permit amendment, which will inform the approach to subsequent tasks. Aspect will review and assess available and pertinent data collected as part of the City's ASR monitoring program. Data files will be synthesized, and appropriate statistical and trend analyses will be conducted for water level, flow rate, and water quality datasets at ASR wells, and for water level datasets at monitoring wells. Water quality data will be compared to: (1) permit provisions; (2) past geochemical model predictions and pilot testing results; (3) background groundwater quality; (4) previous AKART studies; and (5) operational documents (e.g., the City's DBP Management Plan). Assumptions: We assume the City will provide all quantitative program monitoring data for the period of record, including water quality results, in electronic and tabular format. Deliverables: (1) Draft summary tables and plots in electronic format presented to the City for discussion; and (2) final tables and plots to be discussed with Ecology under Task 3 and included in the Task 4 Report. Time and materials, not to exceed: $46,400 to be billed according to the attached Schedule of Charges Task 1: $6,500 Bainbridge Island Office: Bellingham Office: Bend Office: Seattle Office: Olympia Office: Portland Office: Wenatchee Office: Yakima Office: 350 Madison Avenue North, Bainbridge Island, WA 98110 907 Harris Avenue, Suite 301, Bellingham, WA 98225 532 SW 13th St., Ste. 103, Bend, OR 97702 710 2nd Ave, Suite 550, Seattle, WA 98104 504 14th Ave SE, Suite 200, Olympia, Washington 98501 522 SW Fifth Avenue, Suite 301, Portland, OR 97204 23 South Mission Street, Suite C, Wenatchee, WA 98801 123 East Yakima Avenue, Suite 200, Yakima, WA 98901 (206) 780-9370 (360) 746-8964 (971) 865-5896 (206) 328-7443 (360) 788-5146 (971) 865-5890 (509) 888-5766 (509) 895-5957 Contract Order No. 1 Project No. 190600 Task 2: Ecology Coordination and Communications This task includes coordination with the City and Ecology to determine the approach and information needs for a permit amendment request, and to provide routine coordination with the City. Key coordination activities under this task are anticipated to include: • After completing Task 1, holding a preapplication meeting with Ecology to discuss the information Ecology will require to process a permit amendment request. Presenting the results of the Task 4 modeling to the City and Ecology. • Coordinating with the City at key stages of the technical analysis conducted under Tasks 1 and 4 to discuss preliminary findings, results, and regulatory approaches. This may include preparing presentation materials, participating in teleconferences, and one in- person meeting with City and/or Ecology staff as directed. • Coordinating with the City during preparation of the draft and final report prepared under Task 4. Coordination with the City and Ecology (as directed) on the Water Year 2020 Report (Task 5). Assumptions: (1) Aspect will attend two in-person meetings with City and/or Ecology staff to present and discuss the Task 1 and 3 findings; (2) Monthly teleconferences will be held with the City from May through October as directed; and (3) budget for project management and monthly invoicing is provided under this task. Deliverables: (1) PowerPoint presentation or similar materials presented to the City and/or Ecology; and (2) meeting notes/summary emails following Ecology meetings. Task 3: Evaluate Existing Numerical Model and Run Model Scenarios This task will be completed as described if the Task 2 coordination results in Ecology's concurrence that use of the City's groundwater model will support a permit amendment. If Ecology does not concur with a modeling approach, then Task 3 will be redeveloped in coordination with the City. Aspect will use the City's existing groundwater flow model to: (1) evaluate the assumptions used by Ecology in developing the recovery provisions for the City's ASR Reservoir Permit; and (2) identify potential storage and recovery volumes to be included in an amendment request, as appropriate and determined through the Task 3 coordination with Ecology. The City's existing groundwater model considered recharge at 3 wells for 6 months at 2,000 gpm each and needs to be tailored to better reflect City operations to evaluate storage. Aspect will: • Confirm acceptable model error, boundary conditions, and assess model stability. • Move ASR wells within the model to reflect the location of the Gardner Well and future Southwest Area Wells (the existing model includes ASR wells in the Nob Hill and Kiwanis Areas). Task 2: $$,400 Task 3: $11,400 Contract Order No. 1 Project No. 190600 Change the stress period of the model to reflect impacts from shorter recharge seasons. • Change injection rates to reflect more typical and expected City operations. Assess changes in stream (Yakima River) mass balance. Export and post -process model results to generate appropriate hydrographs. It is possible that modeling ASR scenarios that are more typical of City operations (i.e., recharging less than 6,000 gpm continuously for 3 months) will result in better storage performance, and this task will explore that alternative. Assumptions: Aspect has obtained the City's groundwater flow model from Golder Associates, and preliminarily determined the model to be in working condition. However, we assume that the model will require no new calibration activities, and that the existing model setup is stable and has no convergence issues. Up to three model scenarios will be run. Deliverables: Summary figures in electronic format, to be presented and discussed under Task 2 budget and included in the Task 4 Report. Task 4: Prepare Technical Report Addressing Permit Amendment Aspect will prepare a report summarizing the findings of Tasks 1 through 3 and incorporating feedback from the City and Ecology. The report will present the findings of Tasks 1 through 3 in the context of the current provisions of the City's ASR Reservoir Permit. Recommendations will be provided for water quality monitoring and recoverable quantity based on previous tasks, and the report will detail appropriate permit amendment requests developed in coordination with the City. Assumptions: Coordination on reporting approach and content will be conducted under Task 2. We assumed that Ecology comments will require no more than 8 hours of total work to incorporate for the final report. Deliverables: Draft hydrogeologic report describing permit amendment request(s), followed by a final report incorporating one round of City comments. Task 5: Water Year 2020 Annual Report Aspect will support the City in preparing its Annual Report for Water Year (WY) 2020 ASR operations, which is due by December 31, 2020 as a condition of the City's Reservoir Permit. We recognize that the City has been successfully submitting its Annual Report on ASR since WY 2015, and our efforts under this task will work from that past framework. Aspect will coordinate with the City and incorporate the results of Tasks 1 through 4 into the Annual Report as appropriate to support the Reservoir Permit amendment request. Assumptions: (1) the WY 2020 Annual Report will use past annual reports submitted by the City as a framework; and (2) the City will provide Aspect Task 4: $12,800 Task 5: $4,300 D.,..o Contract Order No. 1 Project No. 190600 with electronic water level and water quality data from all of its monitored wells, including Union Gap's Cahalan Park Well and the Ahtanum Youth Park well, as available. Deliverables: (1) Draft reports with supporting tables and figures, the final report incorporating one round of City Comments; and (2) Appropriate Excel templates for the City to update independently for subsequent reports. Task 6: On -Call OPI Renewal Support At the City's direction, Aspect will provide on-call services to support renewal of Ecology's Overriding Public Interest (OPI) determination related to the City's recharge of disinfection byproducts above groundwater quality limits. Work may include one or more of the following: Coordinating with Ecology to renew its past OPI determination based on existing documents. • Developing a scope of work to update the City's past AKART studies to support an OPI determination. Preparing a letter request to Ecology outlining past AKART efforts and providing a formal request for AKART renewal. Assumptions: Aspect will provide one or more of the above services at the City's direction within the limitations of the indicated budget. Deliverables: None defined. Schedule Following notice to proceed (NTP), we anticipate completing Task 1 within approximately six weeks. A preapplication meeting would then be held within two months of NTP. We anticipate the Task 3 modeling will be completed by August 2020. The draft Task 4 report would be provided by October 1, 2020 to allow the City to provide comment and allow for Aspect to address one round of City comments. The WY 2020 Annual Report will be completed prior to December 31, 2020, with a draft provided ahead of that to allow for City comments. Note that these timelines may not fully consider delays related to changing Stay -At -Home requirements under the Governor's Office for City, Ecology, and Aspect staff. However, we plan to move forward diligently within these constraints where possible. Transmission of Project Documents Aspect will turn over all deliverables and documents developed under this contract to the City upon full payment of services. Task 6: $3,000 Dr* nrcs /1 Contract Order No. 1 Project No. 190600 This contract order incorporates the attached Terms and Conditions and Schedule of Charges. Except as amended above, these terms, conditions. and rates apply to this contract order. ASPECT CONSULTING, LLC a limited liability company CLIENT By: Printed Name: Daniel R. Haller, PE Principal Water Resources Engineer Pririted Name/Date: K..' itVle\le-if-[Adf VA190600 City of Yakima AST Support\Contracts\Proposal Material\C001_20200415_190600_YakimaASRPermitting.docx CITY CONTRACT NO: RESOLUTION NO:. lot D.-. "VC. Aspect Consulting, LLC Terms and Conditions 1. RIGHT OF ENTRY AND PROPRTY RESPONSIBILITY The Client will obtain right of entry to the property where the Services are to be performed ("Property"). The right of entry shall allow Aspect and its subcontractors to enter the Property to perform the Services, which may require repeated visits to the Property for on-site monitoring if included in the description of Services. Aspect is responsible for its own activities, but has no responsibility for the Property, for third party safety precautions, or for the safety or control of third parties. 2. SUBSURFACE RIS `'_ Client recognizes special risks xist whenever professionalonnuultingoervineuonuomp|oyedhodetennineoubuudaoewaher resources at a site. Client shall disclose to Aspect all known conditions, substances, or features in writing or in maps, plans or drawings. Even with adequate disclosure by Client, Client acknowledges that the use of exploration and testing equipment may unavoidably damage or alter the Property surface or subsurface and Client accepts this risk. Client assumes responsibility for claims and/or damages arising from changed or differing site conditions or to subsurface structures, including buried utility lines, pipes, tanks, tunnels, or other conditions and agrees to hold harmless, defend and indemnify Aspect and its subcontractors from any such claims and/or damages, including attorney fees, except to the extent directly caused by the negligence of Aspect or its subcontractors. 3. HAZARDOUS SUBSTANCES Client shall provide Aspecwith all information available to Clienconcerning past and present use of the Property and the nature and extent of any known or suspected hazardous substances or conditions, prior to Aspect performing the Services. Unless expressly stated otherwise in the Agreement, Client acknowledges that Aspect has no liability as a generator, operator, transporter, disposer, or arranger of the transportation and/or disposal of hazardous substances from the Property. Client agrees to hold harmless, defend and indemnify Aspect and its subcontractors from any claims and/or damages, including attorney fees, arising out of the presence, release, or threatened release of hazardous substances on or from the Property, except to the extent directly caused by the negligence of Aspect or its subcontractors. 4. SAMPLE DISPOSAL 1 WELL DECOMMISSIONING 4.1 Aspect may dispose of any samples obtained from the Property 30 calendar days after the issuance of any documentthat includes the data obtained from the sample, unless other arrangements are mutually agreed upon in writing.Un|eooexpnouo|y stated otherwise in the description of Services, the disposal cost for samples is not included in any cost estimate for the Services. Client acknowledges the difficulty in determining disposal costs in advance and authorizes Aspect to bill Client for expenses incurred in disposing of samples obtained from the Property. 4.2 Any wells installed as part of Aspect's work may later need to be properly decommissioned and recorded in accordance with applicable law. Unless expressly stated otherwise in the description of Services, well decommissioning and recordingnnemd included in the Services to be performed by Aspect. 5. OWNERSHIP OF DOCUMENTS / WORK PRODUCT 5.1 Data, reports or information provided by Aspect under this Agreement shall only become the property of Client upon full payment for the Services. After full payment, Aspect shall retain joint ownership of all such information. Aspect shall retain copies of the original electronic files and/or hardcopy versions of information provided by Aspect or by Client. Aspect's originals shall govern in the event of any dispute regarding the content of electronic media furnished to others. 5.2 All reports prepared by Aspect under this Agreement are intended solely for the Client and apply only to the Services. Any use or reuse by Client for purposes outside of this Agreement is at the sole risk of Client and withoutliability to Aspect. Aspecshall not be liable for any third parties' use of the deliverables provided by Aspect. 5.3 Aspecis entitled to rely upon the completeness and accuracy of reports, documents, drawings, plans and other information furnished by Client concerning the Property or the project that is the subject of this Agreement. 5.4 In the evenAspect is required to respond to legal process related to the Services for Client, Client agrees to reimburse Aspect its current hourly charges for personnel involved in the response and attorney fees reasonably incurred in obtaining advice concerning the response, preparation to testify, and appearances related to the legal process, travel and all reasonable expenses associated with the litigation. 5.5 Unless a differentime period is stated in the Agreement, Aspect shall retain records in accordance with Aspect's records 1 of 2 Revision Date June, 2015 6. PAYMENT TERMS Invoices shall be submitted to Client upon completion of the Services, or if Services extend beyond 30 days, on a monthly basis for the preceding months work. Billing corrections must be requested within 30 days of invoice date. Payment terms are net 30 days from the date of invoice. All overdue payments are subject to an additional interest and service charge of one and one-half percent (1.5%) (or the maximum rate permissible by law, whichever is lesser) per month or portion thereof from the due date until the date of payment. All fees will be charged or billed directly to Client. Aspect will not bill a third party without a statement, signed by the third party, accepting payment responsibility. In the event a third party fails to pay, Client shall remain liable for all unpaid invoices for the Services. Aspect may suspend work and/or withhold delivery of data for Services in the event Client fails to pay its invoices. Client shall be responsible for all costs and expenses of collection including reasonable attorney's fees. 7. PERFORMANCE AND WARRANTY LIMITATION Aspect will perform all Services, including hydrogeology for developing ground water that may reasonably exist beneath the site, consistent with recognized standards of professionals in the same locality and involving similar conditions. Aspect makes no warranty, express or implied, on the actual capacity or drawdown of any proposed water well(s), or the quality of ground water, if any, which may be produced by any water well(s) to be drilled and/or developed under this Agreement. ASPECT MAKES NO OTHER WARRANTIES OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES. No representative of Aspect is authorized to give or make any other representation or warranty in any way, in connection with the Services. Aspect shall not be liable for any failure or delay in performance by Aspect resulting, in whole or in part, from any cause beyond the reasonable control of Aspect, nor shall Aspect be liable for the action or inaction of governmental agencies, including but not limited to, the issuance or non -issuance of any water right permit, certificate, amendment and/or transfer. 8. INSURANCE / LIMITATION OF LIABILITY 8.1 Aspect maintains primary General Liability Insurance for bodily injury and property damage with a limit of $1,000,000 per occurrence and $2,000,000 aggregate. Aspect maintains Professional Liability insurance to provide coverage for liability resulting from professional errors and omissions. 8.2 Aspect's liability to Client for bodily injury or property damage covered by Aspect's General Liability Insurance policy shall be limited to the proceeds available from the primary General Liability Insurance policy. The liability of Aspect, its manager, members, professionals, employees, and subcontractors to the Client for damages, including attorney fees, resulting from an act, error or omission in providing or failing to provide professional services, whether based in tort or in contract, shall be limited to the greater of $50,000 or the amount of compensation paid to Aspect under this Agreement, unless higher limits are agreed upon in writing. In no event shall either party be liable to the other party, for any consequential or incidental damages, including, without limitation, damages for loss of income, and/or loss of profits. 9. TERMINATION Suspension or termination of all or any part of the Services may be initiated by Client; however Client shall be responsible for all fees owed Aspect for Services performed by Aspect, including all direct costs and all expenses incurred or committed that cannot be cancelled without penalty as well as reasonable termination expenses, prior to Aspect's receipt of written notice from Client. Either party may terminate this Agreement for cause in the event of the other party's substantial or material failure to perform in accordance with the terms hereof, through no fault of the terminating party. Except for termination arising out of delinquency in payment, a termination for cause shall not be effective unless: (i) not less than seven days' written notice of intent to terminate has been provided; (ii) the notice specifies all reasons for the termination; and (iii) the notified party is given an opportunity to consult with the terminating party to discuss the termination and to cure the substantial failure before the expiration of the period specified in the written notice. 10. MISCELLANEOUS PROVISIONS 10.1 These Terms and Conditions, together with the Agreement, the Schedule of Charges, and any additions or revisions agreed upon in writing by the parties, form the entire Agreement and control over all previous communications, representations, or agreements, either verbal or written, between Client and Aspect. 10.2 Aspect may assign work included under the Agreement to subcontractors. 10.3 Client and Aspect agree to use their best efforts to resolve any disputes, claims or other matters in controversy arising under or related to this Agreement. 10.4 These Terms and Conditions shall be governed by the laws of the State of Washington. The sole venue for any legal action related to this Agreement shall be King County, Washington. 10.5 The unenforceability of any term or condition herein shall not affect the validity or enforceability of the remainder to these Terms and Conditions; the intent of the parties being the provisions are severable. The section headings of these Terms and Conditions are intended solely for convenience and do not define or affect these Terms and Conditions or their interpretation. No waiver by either party of any provision, term or condition hereof or of any obligation of the other party hereunder shall constitute a waiver of any subsequent breach or other obligation. 2 of 2 Revision Date June, 2015 CONSULTING SCHEDULE OF CHARGES Effective Januaty 2020 Unless otherwise stated in the proposal or services agreement, current rates are as follows: PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Principals and Associates Principal Scientist/Engineer/Analyst 2 Principal Scientist/Engineer/Analyst 1 Sr. Associate Scientist/Engineer/Analyst Associate Scientist/Engineer/Analyst Technical Professionals Senior Scientist/Engineer/Analyst 3 Senior Scientist/Engineer/Analyst 2 Senior Scientist/Engineer/Analyst 1 Project Scientist/Engineer/Analyst 3 Project Scientist/Engineer/Analyst 2 Project Scientist/Engineer/Analyst 1 Staff Scientist/Engineer/Analyst 3 Staff Scientist/Engineer/Analyst 2 Staff Scientist/Engineer/Analyst 1 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Field/Construction Staff Field/Construction Supervisor Field Technician 2 Field Technician 1 Design, CAD, and Graphics Staff Engineering Designer Sr. CAD Technician/Specialist CAD Technician Technical Editing and Project Operations Sr. Technical Editor Technical Editor / Project Coordinator 3 Project Coordinator 2 Project Coordinator 1 Hourly Rate $263 $249 $230 $215 $215 $202 $188 $173 $160 $150 $138 $125 $116 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Sr. Technology Project Manager Technology Project Manager Senior Software/Database Architect/Developer Software/Database Architect/Developer OTHER DISBURSEMENT CHARGES Legal Testimony (4 -hour minimum) Mileage Subcontractors and Miscellaneous Expenses Other equipment, rentals, and expenses will be provided on a per job basis. Hourly Rate $128 $104 $97 $150 $135 $119 $120 $109 $101 $96 Hourly Rate $224 $208 $213 $187 $350/hr Federal Gov Rate Plus 15% Cost Plus 15% Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement will remain valid for any and all annually adjusted Schedule of Charges.