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HomeMy WebLinkAbout4518 Vendor Subject Department Status Code Amount Begin Date End Date Review Date Insurance Comments Contract Number 4518 CH2M HILL Water Rights Optimization Strategy Water Resources PRO File Class LEG 12-1 $24925.00 10/04/2005 06/01/2006 02/15/2008 GL AL E&O $5000000.00 $2000000.00 $1000000.00 Insurance Total Insurance Review Date $8000000.00 05/01/2007 Vault 01/01/2008 ---- ~ -;~ O~Q PROFESSIONAL SERVICES AGREEMENT ~( Water Rights Optimization Strategy The City of Bremerton ("City") and CH2M Hilt("Consultant"), referred to collectively as the "Parties," enter into the following Agreement for professional services: " - I. Scope: The Consultant agrees to perform the services more specifically described in the Scope of Work, dated August 30, 2005, including any attachments thereto, attached hereto as Exhibit A, which js incorporated by reference herein. The Scope of Work may be modified only pursuant to Section VII. G. of this Agreement. If the Scope of Work provides for unspecified additional services such services shall only be performed upon the express written request of the City. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time such services are performed. ll. Term: The City and the Consultant agree that work will begin on the tasks described in Exhibit A immediately upon execution of this Agreement. The parties agree that the work described in Exhibit A is to be completed before June L 2006; provided however, that additional time shall be granted by the City for excusable delays or extra work as provided for in section IX (A) of this agreement. m. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant in an amount not to exceed Twenty-four thousand nine hundred twenty-five dollars ($24,925). Consultant's charges and bills shall conform to the budget attached hereto as Exhibit B and incorporated herein by this reference. The Consultant shall submit regular billing statements detailing work performed and amount charged on each task or portion thereof The descriptions shall conform to and fall within the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as delineated in Exhibit B. Consultant shall not perform work beyond the Scope of Work, nor shall be compensated for such work, unless the Scope of Work or amount of compensation is modified pursuant to this Agreement. Consultant shall only be compensated for additional services if requested pursuant to Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit B. If a billing statement does not conform to this Agreement, the City may withhold payment until the statement is brought into compliance. Such withholding does not relieve Consultant of its obligations under this Agreement. Bremerton/CH2M Hill Water Rights Optimization Strategy Page 1 --- 0 ~Q IV. Relationship of Parties: Consulllu1t represents that it is skilled in the matters addressed ~( in the Scope of Work and is performing independent functions and responsibilities within its field of expertise. Consultant and its personnel are independent Consultants and not employees of the City. Consultant and its personnel have no authority to bind the City or to control the City's employees and other Consultants. None of the benefits provided by the City to its employees, including, but not limited to, compensation, insurance, and unemployment insurance are available from the City to the employees, agents, representatives, or sub-Consultants of the Consultant. Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents, employees, representatives and sub-Consultants during the performance of this Agreement. The City may, during the term of this Agreement, engage other independent Consultants to perform the same or similar work. As an independent Consultant, Consultant is responsible for its own management. The City's administration and enforcement of this Agreement shall not be deemed an exercise of managerial control over Consultant or its personnel. As an independent Consultant, Consultant is responsible for payment of all taxes and licensing fees necessary to perform its obligations under this Agreement. These taxes and fees include but are not limited to State industrial insurance, Business & Occupation, State professional licensing, and City business licensing. If any taxes or fees due the City have been declared delinquent, the City may withhold the delinquent amount, plus any additional charges arising from the delinquency, from any payments due Consultant. v. Indemnification: Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's review or acceptance of any of the work when completed shall not be grounds to avoid any of these covenants of indemnification. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED TillS WAIVER. The provisions of this section shall survive the expiration or termination of this Agreement. Bremerton/CH2M Hill Water Rights Optimization Strategy Page 2 ---- ---------- 0 ~~ VL .Insurance: The Consultant shall procure and maintain for the duration of the Agreement, ~ insurance against claims for injuries to persons or damage to property which may arise from or in (/ connection with the performance of the work hereunder by the Consultant, its agents, representatives, employees, sub-consultants or sub-Consultants. Before beginning work on the project described in this Agreement, the Consultant shall provide a Certificate ofInsurance evidencing: 1. Automobile Liabilitv insurance with limits no less than $1,000,000 combined single limit per accident for bodily injury and property damage; and 2. Commercial General Liabilitv insurance written on an occurrence basis with limits no less than $1,000,000 combined single limit per occurrence and general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations/broad form property damage; explosion, collapse and underground (XCU) if applicable; and employer's liability; and 3. Excess Liabilitv insurance with limits not less than 1,000,000 limit per occurrence and aggregate. 4. Professional Liabilitv insurance with limits no less than $1,000,000 limit per occurrence/claim. Any payment of deductible or self insured retention shall be the sole responsibility of the Consultant. All required policies shall be provided on an "occurrence" basis except professional liability insurance (if required), which may be provided on a "claims-made" basis. The City shall be named as an additional insured on the Commercial General Liability insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an endorsement that is acceptable to the City, which names the City as an additional insured shall be attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of all the required insurance policies and endorsements upon the tender of any claim to the insured based on this contract. The City further reserves the right to reject any unacceptable policies and/or endorsements. The Consultant's Commercial General Liability insurance shall contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought, except with respects to the limits of the insurer's liability. The Consultant's insurance shall be primary insurance as respects the City and the City shall be given thirty (30) days prior written notice by certified mail, return receipt requested, of any cancellation, suspension or material change in coverage. The City also reserves its unqualified right to require at any time and for any reason, proof of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence of coverage. Bremerton/CH2M Hill Water Rights Optimization Strategy Page 3 o~ ~ VII. General Conditions: %- "- A. Reports and Information: When requested by the City, Consultant shall furnish periodic reports and documents on matters covered by this Agreement. The reports and documents shall be furnished in the time and form requested. Consultant shall maintain accounting records in accordance with Generally Accepted Accounting Principles (GAAP) to substantiate all billed amounts. B. Ownership and Use of Records and Documents: Original documents, drawings, designs and reports, including those in electronic format, developed under this Agreement are the property of the City. All written information submitted by the City to the Consultant in connection with the services performed by the Consultant under this Agreement will be safeguarded by the Consultant to at least the same extent as the Consultant safeguards like information relating to its own business. If such information is publicly available or is already in Consultant's possession or known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no responsibility for its disclosure, inadvertent or otherwise. All data, documents and files created by Consultant under this Agreement may be stored at Consultant's office in Bellevue, Washington. Consultant shall make such data, documents, and files available to the City upon its request at all reasonable times for the purpose of editing, modifying and updating as necessary until such time as the City is capable of storing such information in the City's offices. Duplicate copies of this information shall be provided to the City upon its request, and at reasonable cost. All documents, including all reports, drawings, specifications, computer software or other items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service with respect to the project and are the property of the City. Any reuse by the City for other than the specific purpose intended will be at City's sole risk. C. Work Performed at Consultant's Risk: Consultant shall take all precautions necessary and shall be responsible for the safety of its employees, agents, and sub-consultants in the performance of the work hereunder and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. D. Place of Work: The Consultant shall perform the work authorized under this Agreement at its offices in Bellevue, Washington. Meetings with the City staff as described in Exhibi\ A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed upon by the parties. E. Entire Agreement: This Agreement and its Exhibits constitutes the entire agreement between the Parties, and the Parties acknowledge that there are no other agreements, written or oral, that have not been set forth in the text of this Agreement. Bremerton/CH2M Hill Water Rights Optimization Strategy Page 4 0 ~Q F. Severability: Should any part of this Agreement be found void, the balance of th~ Agreement shall remain in full force and effect. ::st( G. Modification: This Agreement may only be modified by written instrument signed by both Parties. H. Written Notices: All communications regarding this Agreement shall be sent to the parties at the addresses listed below by registered or 1st class mail, or by personal service, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing. City Address Consultant Address City ofBremerton CH2M Hill Public Works and Utilities 1100 112th Avenue NE Bremerton, W A 98310 Suite 400 Bellevue, W A 98009-2050 I. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be deemed waiver of any other right or power. J. Non-Waiver of Breach: The failure of the City to insist upon strict performance of any of the covenants and agreements contained herein, or to exercise any option herein conferred in one or more instances shall not be construed to be a waiver or relinquishment of said covenants, agreements or options, and the same shall be and remain in full force and effect. K. Compliance with Laws: Consultant shall comply with all applicable Federal, State, and local laws in performing its obligations under this Agreement. L. Choice of Law and Venue: This Agreement shall be interpreted according to the laws of the State of Washington. Any judicial action to resolve disputes arising out of this Agreement shall be brought in Kitsap County Superior Court. M. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions herein, each party shall pay all its own costs and attorney's fees. N. Assignment: Any assignment of this agreement by the Contractor without the written consent of the City shall be void. VID. Nondiscrimination: Consultant shall not discriminate in employment or services to the public on the basis of race, color, national origin, sex, religion, age, marital status, or disability, except for employment actions based on bona fide occupational qualification. IX. Termination: This Agreement shall remain in force until completion and acceptance of the services, terminated by written instrument upon mutual consent, or by the City of Bremerton Bremerton/CH2M Hill Watef Rights Optimization Strategy Page 5 0 ~Q for convenience. This Agreement may be immediately terminated for cause by a Party if the ~ other Party substantially fails to perform through no fault of the terminating Party, and the non- ~ performing Party does not commence correction of the failure of performance within thirty (30) days of the terminating Party's sending notice to the non-performing Party. Any Notice by Consultant shall include a report showing the status of all items listed in the Scope of Work current through the termination date. If the City receives reimbursement by any federal, state, or other source for work described in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is cancelled or substantially reduced after the execution date of this Agreement and prior to the completion ofthe work, the City may summarily terminate this Agreement. A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor shall Consultant be charged with liquidated damages for any delays in the completion of the work due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials, equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond the control and without the fault or negligence of the Consultant, including, but not restricted to, acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly excusable, the City shall, in writing, extend the time for completing the work for a period of time commensurate with the period of excusable delay. B. Rights Upon Termination: In the event of termination, the City shall pay for all services performed by the Consultant to the effective date of termination, as described on a final invoice submitted to the City. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project which may be used by the City without restriction. Any such use not related to the project which Consultant was contracted to perform shall be without liability or legal exposure to the Consultant. CITY OF BREMERTON CONSULTANT c;;l;~ ~~4= By: its ));~ ~: W~~l, Date: tJ IJ 'I / Date: ~-'1>~ ~ ,~ Approve Bremerton City Bremerton/CH2M Hill Water Rights Optimization Strategy Page 6 01% Exhibit A Scope of wor@"~< August 30, 2005 City of Bremerton Water Rights Optimization Strategy Purpose This Water Rights Optimization Study will assess the existing and pending source. water rights and to develop and recommend potential new strategies for optimizing the use of and obtaining new water rights. There are several objectives of this project, including: . Identify and calculate inchoate certificate water rights for the City. . Identify legislative issues that may affect water rights. . Recommend how the City should manage its water rights claims. . Recommend how the City should address mitigation issues in pursuing new water right applications. . Identify issues related to the Union River certificated water rights use. . Identify strategies to protect the rights associated with the City's de-facto aquifer storage and recovery from Union River to Twin Lakes. . Identify operational strategies that optimize the City's use of its resources. . Identify an approach to address in-stream flows for Gorst Creek. . Identify alternatives and give recommendations for the use of the DomSea certificated water rights. . Identify water rights needs for the City in 50 - 100 years, and recommend strategies for obtaining the necessary supply. Scope of Services There are three tasks to be performed during the project including: 1. Preparing Water Resources and Water Rights Assessment Needed for Inclusion into the Water System Plan. PSA CH2 Water Rts 8-05 1 0 ~ This task will include: ~ . Review the AGI, Inc. water rights documentation that identified and quantified all (' claimed, permitted, certificated and applied-for rights for the City and DomSea, Inc. and provide guidance as outlined below. . Document the City's long-term water rights needs (using current demand projections), and assess the ability of the existing rights and claims to meet the future growth. . Review the water resources section of the water system plan prepared by the City and make recommended changes. 2. Preparing a Strategy Document for Protection of Existing Rights and Claims and Positioning for Future. This task will include: . A summary of operations related to beneficial-use of each right or claim and the de-facto aquifer storage and recovery from Union River to Twin Lakes. . An evaluation of water rights issues that may affect the City. (legislative, in-stream flows, WRIA, mitigation). . Identification of operational strategies that optimize the City's use of its resources. . Development of strategies for acquiring, protecting and optimizing the use of the City's rights and claims. 3. Managing the Project This task will include: . Overall project planning, management, and administrative tasks required for the project. Task 1: Water Rights Analysis for Water System Plan Objective: The objective of this task is to assist in the development of the chapter for the City of Bremerton's Water System Plan (WSP) that addresses water rights needs as outlined in the DOH Planning Handbook. Approach: Existing permits, permit applications, certificated water rights, and claims will be reviewed and documented for the WSP, based on the AGI research previously conducted for the City. Two tables for the report, Table 1: Existing Water Rights Status and Table 2: Forecasted Water Rights Status, as required by the DOH Planning Guidelines will be developed, using current demand forecasts. CH2M HILL will review the water use efficiency program prepared by the City. To meet the DOH requirements, it is recommended that the City include documenting source water metering, program elements, unaccounted for water status, and an evaluation of which measures are cost-effective. The conservation program outline could include conservation objectives, evaluation of conservation measures, identification of selected conservation PSA CH2 Water Rts 8-05 2 I 0 ~ activities, targeted water savings projections (coordinated with demand projections), and ~ regional conservation programs. (/ CH2M HILL will evaluate the sources of supply alternatives. Obtaining new water rights from Ecology requires a careful consideration of all options. The source of supply analysis includes a written analysis of the feasibility and the relative cost effectiveness of implementing alternatives listed below: . Enhanced Conservation Measures (a brief description of existing efforts and alternatives) . Water Rights Changes . Interties (a brief description of the opportunities, or lack thereof) . Artificial Recharge . Use of Reclaimed Water, Reuse and other Non-potable Sources (a summary of the 1998 feasibility study and current regional study) In addition to the incorporation of the conservation plan and the description of existing and forecasted water rights needs, CH2M HILL will compare existing water rights, current water use (DOH Table 1) and projected 20-year water demand (DOH Table 2) to identify any water right modifications needed. If new water rights are needed within the 20-year timeframe, CH2M HILL will develop a timeline for applying for the rights and putting the new supplies on-line. CH2M HILL will also review system reliability for this chapter of the WSP, to review whether an adequate supply of water can be provided at all times. The system reliability review will discuss Source Reliability, Water Rights Adequacy, and Facility Reliability. CH2M HILL will briefly review the City's water shortage response plan. CH2M HILL will review the City's monitoring well level program, and provide information on existing and proposed interties, and intertie agreements. Deliverables A written review of draft and final chapter for the Water System Plan that relates to Water Rights, follows DOH requirements and incorporates: . Water Use Efficiency Program Development and Implementation . Source of Supply Analysis . Water Right Evaluation . System Reliability, and . Descriptions of existing and proposed interties. . Preparation of Tables 1 and 2 for Existing and Future Water Rights Needs. PSA CH2 Water Rts 8-05 3 ________ _______ - __ ___n__ --- TABLE 1 Water Rights for Existing Condition - - I Current Water Right Status Existinq Water Riahts Existinq Consumption (4) Excess or Deficiency Permit Name of Source Maximum Maximum Maximum Maximum Maximum Maximum Certificate, Rightholder Annual Annual or or Priority Name/ Primary or Instantaneous Volume Instantaneous Volume Instantaneous Annual Volume Claim Flow Rate (QI) (QA)(acre- Number Claimant Date Number Supplemental (9pm) feet) Flow Rate (QI) (QA) Flow Rate (QI) (QA) I I I I I I -r- I - I I I I I I I I I I I I I 1 I I I I I I I 1 I I I 1 I I I 1 I I I 1 I I I I I I I 1 I I I I 1 I I 1 I I I I 1 I I I I I I I ) 1 I I 1 I I I TOTAL ) I I I 1 o I 01 o I 01 01 0 I I I I I I I 1 I I I I I I I I I I I I I I 1 I I 1 I I I I I I I I Notes: I - I I I - I I I Existing Limits on Existing Consumption Current Intertie Intertie Water Use Throuqh Intertie Supply Status Maximum Maximum Maximum Maximum Maximum Maximum Annual Annual Name of Purveyor Instantaneous Volume Instantaneous Volume Instantaneous Annual Volume Flow Rate (QI) (QA)(acre. Flow Rate (QI) (QA)(acre. Flow Rate (QI) Intertie Name/Identifier Providina Water (9pm) feet) (apm) feet) (9pm) (QA)(acre.feet) I I I I I I I I - I - - Pendina Water Riahts Pending Name Maximum Maximum Annual Water Right On Date Instantaneous Volume Flow Rate (QI) (QA)(acre. Application Permit Submitted Primary or Supplemental (apm) feet) I I I I I j - - - PSA CH2 Water Rts 8-05 4 ' (.)~ ,~~ '" U--9/~ ~! If) If) C( t:;I) ~ p: , ~ , 1 TABLE 2 Water Ri~h1s for Future Condition - - I Forecast Water Use Forecast Water Use From Sources - 20-Year Existing Water Rights Demand (4) Excess or Deficiency Permit Name of Source Maximum Maximum Maximum Maximum Maximum Maximum Certificate, Rightholder Annual Annual or or Priority NameJ .primary or Instantaneous Volume Instantaneous Volume Instantaneous Annual Volume Claim Flow Rate (QI) (QA)(acre- Number Claimant Date Number Supplemental (gpm) feet) Flow Rate (QI) (QA) Flow Rate (QI) 1QA) I I I r I I - l - I - I I - I I I I I I I / I I I I / J I 1 I I l I 1 I I I I I I / I I / I / I I I I / t I I Total I I I I I o I o / 01 0/ 01 0 I j I I I I I / / I I I I I I I I I I I I j I Notes: I - - 1 Existing Limits on I Existing Consumption I Current Intertie Intertie Water Use Through Intertie Supply Status Maximum Maximum Maximum Maximum Maximum Maximum Annual Annual Name of Purveyor Instantaneous Volume Instantaneous Volume Instantaneous Annual Volume Flow Rate (QI) (QA)(acre- Flow Rate (QI) (QA)(acre- Flow Rate (QI) Intertie Name/Identifier ProvidinQ Water (gpm) feet) (gpm) feet) (gpm) (QA){acre-feet) I- I I I I t I I - - I - - Pending Water Rights Pending Name Maximum Maximum Annual Water Right On Date Instantaneous Volume Flow Rate (QI) (QA)(acre- Application Permit Submitted Primary or Supplemental (tiPI'll) feet) I I I I 1 I - - - PSA CH2 Water Rts 8-05 6 '!6 \) ~C)'\ ^~~ ~ Ta$k 2: Develop Water Rights Strategy ~ ~~ ~ The objective of this task is to develop an overall strategy for the City to protect water rights ~if~ and claims, propose changes in its water rights and those ofDomSea, Inc and assist in obtaining new water rights if necessary. Strategies will be developed both for short.term (within the life of the WSP) and long.term (50 to 100 years). Approach CH2M HILL will assess the use and adequacy of the City's rights and supplies in a somewhat different manner than required in the WSP. A Table similar to Table 3 will be developed to help in the evaluation of resource management options. Use of this resource evaluation table shows month-to-month demand and uses of each supply, which is useful in evaluating the overall water rights adequacy, the impact of in- stream flows and the possibility of operational changes. CH2M HILL will develop the alternative resource management strategies listed below: . Items needed for InchoC;\te CertificMion/HB1338 compliance . Plan for appropriate use of surface water claims . Operating Strategies - Aquifer Storage and Recharge (ASR) at Twin lakes and Gorst Creek, - Operating Union River with downstream flow considerations, - Conjunctive use of ground and surface water supplies to minimize flow impacts during low flow periods, - Transferring water rights to optimize their use, . Locating and developing new sources for 50 to 100 year demand projections . Identifying strategies for best use ofDomSea rights. CH2M HILL will summarjze legislative issues relating to the City, including the Inchoate Certificate Program and recent legislative efforts. CH2M HILL will discuss the implications ofHB 1338 - Additional Certainty for Municipal Water Rights which was promulgated in 2003, artd HB 1317 - Water Trust Rights Program which was deferred in 2003. The implications of these bills affect water rights strategies for the City ofBremerton. . HB 1338 has major water rights and planning requirements, conservation rule development, and other provisions. The rule provides protection for municipal water rights, aligns water rights with places served by utilities, and establishes an Inchoate Certificate program. Municipal water rights are protected from relinquishment and can be reserved for future use. The Inchoate Certificate program resolves questions related to PSA CH2 Water Rts 8-05 7 ~ I/; George Theodoratus decision, allows certificates to become water rights in good ~' standing, 'but requires special conservation and links instreaI1l flows to watershed ,/t: planning. -'-;1 </ lIB 1317 would have modified thetrust water program to make it easier to temporarily - " . put water into trust and maintain full water rights. CH2M HILL will discuss the impacts of recent legislativt;l issues, such as proposed HB 1 099. In 2005, Columbia River Initiative HB 1099 is under consideration. This bill includes provisions that include: . A proposed mitigation standard for the Columbia River is a net gain system where by water use would only be allowed if there is a net gain in water for the flows in Columbia. . Annual payment for use of water from a bank that is created. The annual payment can be different for different water right holders. . The Department of Ecology is currently promulgating a rule to implement HB 1099. CH2M HILL will review recent changes to Aquifer Storage and Recovery (ASR) regulations. In the 2000 session, the Washington State Legislature passed Engrossed Second Substitute House Bill 2867, which expanded the definition of "reservoir" in RCW 90.03.370 ("Reservoir permits... ") to include, "any naturally occurring underground geological formation where water is collected and stored for subsequent use as part of an underground artificial storage and recovery project". In the 2002 legislative session, Engrossed House Bill 2993 simplified the application process for an ASR project by specifying that Ecology "may accept for processing a single application form covering both a proposed reservoir and a proposed secondary permit or permits for use of water from that reservoir. CH2M HILL will identify issues that may arise with the City's use of their Union River Certificate and will t;lvaluate and summarize downstream flow conditions. CH2M HILL will review instream flows for Gorst Creek, and discuss options for mitigation approaohes including ASR. A half-day day workshop will be conducted at the City with Mr. Parkinson, Ms, Ervin and Mr. Odell to review and vet the new potential resource operations and recommendations with Btemerton staff Deliverables A separate draft report approximately 30 pages in length for Water Rights Strategy will be prepared and sent electronically to the City for their review and comment. The comments will be included in the final report. A final report will be prepared and 5 copies and a CD with the document in MS Word will be provided to the City. PSA CH2 Water Rts 8-05 8 Table 3 - Example Utility Projected Water Use Patterns Future Demand at 31.1t12 ERU's - Groundwater Option 1 Peak Day I Jan 1 Feb I March July I AUQust I s;tTOct 1 Nov Maximum I I I ~ 1 (Acre Monthlv Peak!nQ Factor (AF) Feet) I I I 0.~6 I ~ ~ 0.818 10.9711.15 11.49 I ~ 1.163 ~ O.~O I 0.8 ~ 0.85 I (+15%for I 0.7 0.75 1.64 fish) I GPM I MGD 1 MonthlY Demand. MGD 1 I Monthly Demand Inct 15% for I I I 5.89 I 5.33 I I 6.69 17.881 9.28 111.83 I I 9.34 J 7.37 16.59 I 6.81 I I Fish 5.73 12.97 Well 1 I 500 j 0,72 I 0.00 1 0.001 0.00 \ 0,00 1 0.72 I 0.72 1 0.72 1 0.72 I 0.44 1 0.28 I 0.58 1 0.58 1 447.54 I 448.09 Well 2 I SOD I 0,72 1 0,72 1 0,721 0.72 0.72 I 0.72 1 0.72 I 0.72 1 0.721 0.72 1 0.72 I 0.42 1 0.29 1 742.45 1 800.00 Well 10 I 500 1 0.72 I 0.00 1 0.00 I 0.00 0.00 I 0.09 1 0.43 I 0.72 1 0,72 I 0.71 1 0.00 I 0.00 1 0.00 1 250.531 378.50 I Well 15-Supp 1 1500 1 2,16 1 0.00 I 0.00 I 0.00 0,00 I 0.00 1 0.08 I 0.43 I 0.51 1 0.001 0.00 I 0.00 I 0.00 1 96.80 I 0.00 I Well 4 I 400 1 0.58 I 0.00 1 0.001 0.00 I 0.00 1 0.30 1 0.58 I 0.53 j 0.00 1 0.00 1 0.00 I 0.00 1 0.00 1 132.37 1 119.47 I Well 11.2 I 1500 1 2.16 1 1.32 I 0.731 1.15 I 1.44 1 2.16 1 2.:16 I 2.16 I 2.16 1 2.16 I 2.16 1 2.16 1 1.92 1 2036.13 1 2165.00 New Well I 350 I 0.50 I 0.001 0.00 1 0.00 I 0.00 I 0.00 1 0.00 I 0.00 I 0,00 I 0.00 j 0.00 I 0.00 I 0.00 1 0.00 1 104.53 Well 11.1 I 700 I 1.01 I 1.01 I 1.01 I 1.01 1 1.01 11.01 I 1.01 I 1.01 I 1.01 I 1.01 1 0.46 I 0.00 1 0.00 1 896.21 1 928.00 Well 7 -Winter I 23001 3,31 1 2.84 I 2.871 2.85 1 0.70 0.55 11.841 1095.76 1 1173.00 Well 8 1 3200 I 4,61 I 0.00 I 0.00 I 0.00 I 0.00 I 0.00 1 0.00 I 935.40 1 936.00 Well 9 - 15% for Fish 1 3900 I 5,62 I 0.00 1 0.00 I 0,00 I 2.82 I 2.88 1 2.88 I 2.881 2.881 2.88 I 2.881 2.881 2.18 I 2358.60 I 2500.00 TOTAl. PEAK I 1 17.95 1 5.89 1 5.331 5.731 6.69 1 7.88 I 9.28 1 11.83 I 12.97 I 9.34 I 7.37 I 6.59 1 6.81 1 899G8 I 9552.59 Peak Capacity Available I I -3.82 I 0.00 I 0.00 j 0.00 I 0,00 I 0.00 I 0.00 I 0.00 I 0.00 I 0.00 I 0:00 1 0.00 I 0.00 I I SUMMARY Shallow(AF) Deepest(AF) Deep(AF) Valley(AF) Used Rights Used Rights Used Rights Used Rights 1,537 1.627 ### 2,389 896 928 4.390 4.609 - - - - I (1) AveraQe Dav SYStem Demand= 7.7 MGD (2) Peak Dav SYStem Demand= 21.8 MGO I (3) Estimated ERU's= ### ~ (4) Annual Water Use per ER U= 0.28 Acre-Feet (5) Peak Day Demand per ERU= 700 Gallons - - - - "'0'0 .\ 'v) \ \" '\ \~\ \ PSA CH2 Water Rts 8-05 9 --------------- 0 ~Q ~ Task 3: Project Management ~ The scope of this task is to provide the overall project planning, management, and coordination of efforts and the day-to-day administrative tasks required for the project. Development and Maintenance of Project Schedule CH2M HILL shall prepare a project schedule in Gantt form and shall submit it to the City for review. The schedule will show the duration of activities for the different project efforts. The schedule ~ill be updated monthly and submitted along with monthly progress reports. Progress Reports CH2M HILL shall prepare written progress reports as required by the City that describe the progress of the work accomplished as required by the City. The report will include the following items: . A written descript,on of the progress of the work accomplished to date . A summary of problems or issues that need to be resolved . A summary of changes in contract amount or time (if applicable) Invoicing CH2M HILL shall prepare monthly invoices for work corppleted and submit them to the City. Deliverables . Project schedule . Progress reports and billing summary . Project instructions to consultant team . Monthly invoices for work completed Assumptions Assumptions for this project are provided in this section. Assumptions that are specific to a task will b~ included in each task description (see Scope of Work). The general assumptions are the following: . Available reqllested documentation will be provided by the City. CH2M HILL will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by City. . The project is assumed to take approximately 6 months to complete and needs to be finished prior to completion of the water system plan. . Bremerton shall provide review comments within 14 calendar days of receipt of documents which are submitted by the CH2M HILL project team. . Reports, modeling information, results from analytical tools and background information are an important component of the Study. The following list of documents plus others that City staff believe would be pertinent to this study are requested for review: - WRIA 15 Planning Documents. ~ Demand forecasting information. PSA CH2 Water Rts 8-05 10 % - Documents describing surface water models. ~ - The AGI Water Rights Assessment (already received). ~ - Facilities operating gUidelines. - Locations of interties in the system and their capacities. - The City's latest conservation program description and costs. - Assessments or other documents describing alternate sources of supply for the City. - City ofBremerton's latest Water System Plan. Project Team The project team will consist of Dave Parkinson, P.E., Lee Odell, P.E., Kim Ervin, P.E. I PSA CH2 Water Rts 8-05 11 ~ ~ Exhibit B Budgei~ (' City of Bremerton Water ResourceslWater Rights Optimization Study Budget Task Hours Total 01 - Water Rights Analysis for Water System Plan 32 $5,146 02 - Develop Water Rights Strategy 84 $15,776 03 - Project Management 26 $4,003 Total 142 $24,925 PSA CH2 Water Rts 8-05 12