HomeMy WebLinkAboutAspect Consulting, LLC - Aquifer Storage Recovery Permitting SupportAspct
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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:
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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
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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.
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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.