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CHANGE Contract Transactions
Contract Number 4304
Vendor Name ROBINSON & NOBLE INC
~Subject GORST CREEK GROUNDWATER MODELING
Department WATER RESOURCES
Status Code PRO
Amount $17475.00
Begin Date 09/10/2002
Insurance End Date 06/30/2004
Type Amount Review Date 02/01/2006
GL $2000000.00
AL $1000000.00
E&O $1000000.00
Insurance Total $4000000.00
Insurance Review Date 02/01/2005
+
Comments MODIFICATION #1 11/4/03
VAULT 01/01/2006
+
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND
ROBINSON AND NOBLE, INC.
PROJECT: Gorst Creek Groundwater Modeling
CONSULTANT: Robinson and Noble
DATE: October 2003
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
AGREEMENT (the "Contract") entered into between the City of Bremerton and Robinson
and Noble, Inc. on June 12, 2002.
All provisions in the Contract shall remain in full force and effect except as expressly modified by
this document.
For valuable consideration and by mutual consent of the parties, the modifications to the Contract
are as follows:
I.
Section L Scope is modified as follows: The Department of Ecology has requested
additional modeling of the five Domsea wells in addition to the new well already modeled by the
consultant.
Section IL Term is modified as follows: The Consultant shall complete the work
described in this Contract Modification Agreement by June 30, 2004.
Section IlL Compensation is modified as follows:
The original contract mount was seventeen thousand four hundred and seventy-five dollars
($17~475.00). The City shall pay the Consultant for the additional work described above, based on
time and materials, an amount not to exceed two thousand five hundred dollars ($2.500.00~ for a
total amended contract amount of nineteen thousand nine hundred and seventy-five dollars
($19~985.00). including this Contract Modification~
Consultant accepts all requirements of this Contract Modification by endorsing below.
Consultant further agrees that this Contract Modification constitutes full and final settlement
of all of the Consultant's claims for contract time and for all costs of any kind, including
without limitation, costs of delays related to any work either covered or affected by this
Contract Modification, claims related to on-site or home office overhead, or lost profits. This
Contract Modification does not limit the City's fight to bring a claim for past performance.
The undersigned consultant approves the foregoing Contract Modification as to the changes,
if any, in the contract price specified for each item, including any and all supervision costs and
CONTRACT MODIFICATION 1
Project Number:
other miscellaneous costs relating to the change in work, and as to the extension o
allowed, if any, for completion of the entire work due to said Contract Modification.
This document will become a supplement of the contract and all provisions will apply hereto.
It is understood that this Contract Modification shall be effective when approved by the City
of Bremerton.
The parties whose names appear below warrant that they are authorized to enter into a
contract modification that is binding on the parties of this contract. In addition, Consultant
warrants that it has or will inform the surety of this change, and shall take appropriate action
to modify any bonds required under the contract to address this change.
IN WITNESS WI~EREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer / Public Works Director approved to process ~/~,
~" ~ By C~'~ozeman
B3 ~.
Its '~c~ $¢d.¢~f Its Mayor
DATE: { O/~/Z~o'~ DATE: /i ' ~l'<}3
APPROVED AS TO FORM: ATT/~/~/ /
Bremert'oK'CUty Attorney -" C~ Cler~k/~'~ .....
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Robinson and Noble Kathleen Cahall
5320 Orchard Street West Water Resources Manager
Tacoma, WA 98467 City of Bremerton Public Works and Utilities
ph 253-475-7711 3027 Olympus Drive
fax 23 $-472-5846 Brcmerton, WA 98310
ph 360-473-2315
fax 360.473-5018
CONTRACT MODIFICATION 2
Project Number:
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+Found: 10 Record(s) MAINTAIN Contract Transactions +
+ Contract Number 4304 +
+ +
+Vendor Name ROBINSON & NOBLE INC +
+Subject GORST CREEK GROUNDWATER MODELING +
+Department WATER RESOURCES +
+Status Code PRO +
+ Amount $17475.00 +
+ Begin Date 09/10/2002 +
+ Insurance End Date 12/31/2003 +
+ Type Amount Review Date 05/01/2003 +
+ +
+ +
+ +
+ Insurance Total $0.00 +
+ Insurance Review Date 02/01/2004 +
+ +
+ Comments LETTER TO EXTEND SENT 03/2003 +
+ +
+ +
Robinson and Noble, Inc.
The City of Bremerton ("City") and Robinson and Noble, Inc. ("Contractor"), referred to
collectively as the "Parties," enter into the following Agreement for professional services:
I. Scope: The Contractor agrees to perform the services more specifically described in the
Scope of Work, dated ,2002, including any addenda thereto as of the effective
date of this Agreement, attached hereto as Exhibit A, which is incorporated herein by this
reference as if fully set forth. The Scope of Work may be modified only pursuant to Section
VII.H of this Agreement. If the Scope of Work provides for unspecified additional services the
City may request that such services shall only be performed upon the express written request of
the City. Contractor further represems 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.
IL Term: This Agreement shall be effective upon execution and shall terminate
December 31, 2002. The City and the Contractor agree that work will begin on the tasks
described in Exhibit A immediately upon execution of this Agreement and shall be completed
within 120 calendar days; provided however, that additional time shall be granted in writing by
the City for excusable delays or extra work.
Ill. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Contractor in an amount not to exceed $17,475.00. Contractor's charges and bills
shall conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this
reference.
The Contractor shall submit regular billing statements describing services rendered and
the amount charged for each service. The descriptions shall conform to and fall within the
categories set out in the Scope of Work. Upon receipt of a conforming billing statement, the
City shall promptly process payment. PROVIDED, HOWEVER, the City reserves the fight to
direct the Contractor's compensated services under the time frame set forth in Section II herein
before reaching the maximum amount. The Contractor's bill rates shall be as delineated in
Exhibit A.
Contractor 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. Additional services shall be compensated for only if requested pursuant to Section I
and shall be compensated as set out in the request or, if the request does not so provide, as set out
in the attached fee schedule.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 1 of 9
If a billing statement does not conform to this ..~..~....~s~,~ ity may wit
payment until the statement is brought into compliance,o~,,~u~,; oiling does not relieve
Contractor of its obligations under this Agreement.
IV. Relationship of Pstrties: Contractor is skilled in the matters addressed in the Scope of
Work and is performing independent functions and responsibilities within its field of expertise.
Contractor and its personnel are independent contractors and not employees of the City.
Contractor and its personnel have no authority to bind the City or to control the City's employees
and other contractors. 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-contractors of the Contractor. Contractor
will be solely and entirely responsible for its acts and for the acts of Contractor's agents,
employees, representatives and sub-contractors during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent contractors to perform
the same or similar work.
As an independent contractor, Contractor 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 Contractor or its personnel.
As an independent contractor, Contractor 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, B&O, 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 Contractor.
V. Indemnification: Contractor shall defend, indenmify and hold the City, its officers,
officials, employees, agents and volunteers harmless fi.om any and all claims, injuries, damages,
losses or suits, including all legal costs and attorney fees, arising out of or in connection with the
Contractor's performance of this Agreement, except for that portion of the injuries and damages
caused by the City's negligence.
The City's inspection or acceptance of any of Contractor's 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 inju~ to persons
or damages to property caused by or resulting fi.om the concurrent negligence of the Contractor
and the City, its officers, officials, employees, agents and volunteers, the Contractor's liability
hereunder shall be only to the extent of the Contractor's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONTRACTOR'S
WAIVER OF IMMUNITY UNDER INDUSTRIAL INSURANCE_, TITLE 51 RCW, SOLELY
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 2 of 9
FOR THE PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER
ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VL Insurance: The Contractor shall procure and maintain for the duration oftbe A~reement,
insurance against claims for injuries to persons or damage to property which may arise bom or in
connection with the performance of the work hereunder by the Contractor, its agents,
representatives, employees, sub-consultants or sub-contractors.
Before beginning work on the project described in this A4~reement, the Contractor shall
provide a Certificate of Insurance evidencing:
I. Automobile Li~bili~ insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and
2. Commercial General Li#bilitv 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. Exee~s Liability insurance with limits not less than 1,000,000 limit per occurrence and
aggregate.
4. Prof~ional Li~bili~ insurance with limits no less than $1,000,000 limit per
occorrerlce.
Any payment of deductible or self insured retention shall be the sole responsibility of the
Contractor.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which shall 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 Contractor and a copy oftbe
endorsement naming the City as 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.
The Contractor'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 Contractor'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.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 3 of 9
The City also reserves 'ts u qualified 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.
General Conditions:
A. Reports and Information: When requested by the City, Contractor 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. Contractor 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 developed under this Agreement shall belong to and become the property of
the City. All written information submitted by the City to the Contractor in connection with the
services performed by the Contractor under this Agreement will be safeguarded by the
Contractor to at least the same extent as the Contractor safeguards like information relating to its
own business. If such information is publicly available or is already in Contractor's possession
or known to it, or is rightfully obtained by the Contractor from third parties, Contractor shall bear
no responsibility for its disclosure, inadvertent or otherwise.
Ail data, documents and files created by Contractor under this Agreement may be stored
at Contractor's office in Tacoma, Washington. Contractor 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.
Any use or reuse of the documents, data and files created by Contractor for the City on
this project by anyone other than Contractor on any other project shall be without liability or
legal exposure to Contractor.
C. Contractor to Maintain Records to Suooort Independent Contractor Stama: On the
effective date of this Agreement (or shortly thereafter), Consultant shall:
1. File a schedule of expenses with the Internal Revenue Service for the type of
business Consultant conducts;
2. Establish an account with the Washington State Department of Revenue and other
necessary state agencies for the payment of all state taxes normally paid by
employers, register to receive a unified business identifier number from the State
of Washington; and
Maintain a separate set of books and records that reflect all items of income and
expenses of Consultant's business, all as described in the Revised Code of
Washington (RCW) Section 51.08.195, as required to show that the services
performed by Consultant under this Agreement shall not give rise to an employer-
employee relationship between the parties which is subject to RCW Title 51,
Industrial Insurance.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 4 of 9
po ' e t e safety of its employees, agents, and subcontractors in the
~W~ o~r~ P ntractor's Risk' Contractor shall t all precautions neces
performance of the work hereunder and shall utilize all protection necessary for that purpose.
All work shall be done at Contractor's own risk, and Contractor 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.
E. Place of Work: The Contractor shall perform the work authorized under this
Agreement at its offices in Tacoma, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices at 3027 Olympus Drive,
Bremerton, Washington, or at locations mutually agreed upon by the parties.
F. 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.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This A4g-eement may only be modified by written instrument signed by
both Parties.
I. Written Notices: Ail communications regarding this Agreement shall be sent to the
parties at the addresses listed below, unless notified to the contrary. Any written notice
hereunder shall become effective upon the date of mailing by registered or certified mail, 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 of Bremerton Robinson and Noble
3027 Olympus Drive ~go e~A-5 Orchard Street West
/
Bremerton, WA 98310 Tacoma, WA 98467
J. Wlfiver: Failure to enforce any provision of this A~reement 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.
K. 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.
L. Compliance with Laws: Contractor shall comply with all applicable Federal, State, and
local laws in performing its obligations under this Agreement.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
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M. 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.
N. Attorneys' Fees: The substantially prevailing Party in any litigation arising out of this
Agreement shall be entitled to its reasonable attorneys' fees and court costs.
Vlll. Nondiscrimination: Contractor 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 may be terminated, at will, by either Party upon 30 days'
notice to the other Party. 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 corre~ion of the failure of performance within five
days of the terminating Party's sending notice to the non-performing Party. Upon termination
the City will be entitled to reports showing the status of all items listed in the Scope of Work
current through the termination date.
Rights Upon Termination: In the event of termination, the City shall pay for all services
performed by the Contractor to the effective date of termination, as described in a final invoice
submitted to the City. After termination, the City may take possession of all records and data
within the Contractor's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Contractor was contracted to
perform shall be without liability or legal exposure to the Contractor.
CITY OF BREMERTON CONTRACTOR
By;. By: ~---/_ ~t~, ~"
its: its:/~r~
Approved asto form: ~..
By: $~0~ ~'c~c~,~, /~ c~4~
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 6 of 9
Exhibit A
SCOPE OF WORK
Groundwater Modeling in Support of the Transfer of the Domsea Water Rights to the Bremerton Gorst Creek Production Well
Background:
The City of Bremerton has applied to the Washington State Department of Ecology
(Ecology) to transfer water rights from the City's Domsea wells to City production wells.
Ecology requested that Bremerton determine what percentage of the water to be
produced would otherwise discharge to Gorst Creek. It is proposed that the City use the
conceptual descriptions provided in previous Gorst Creek studies and the actual data
available, where it is appropriate, to build a new flow model for the lower Gorst Creek
area. This effort will involve five related tasks: the acquisition and evaluation of the
pertinent information from our and the City's files, definition of the modeling options and
selection of the most appropriate approach, the modeling effort itself, preparation of a
technical report, and participation in meetings with Ecology. The first three tasks are
inter-related and the final two are dependent on the desires of Ecology, which can
change.
TASK 1 - Data Acquisition and Review
This task is already accomplished to some degree. The consultant has reviewed
previous reports regarding regional concepts and well-specific information. There is a
need to acquire specific stream-flow and well operations information available and
perform a routine search for other documents that may have been missed to date. The
entire information package will then be reviewed and compiled with a focus toward its
applicability to the modeling process.
TASK 2 - Selection of Appropriate Modeling Approach
Once the information package is assimilated and its strengths and weaknesses
identified, modeling options available to generate a defensible answer to the Ecology
question will be identified. The various modeling approaches will be evaluated and the
most appropriate method determined. The evaluation will research the application of
various analytical, analytical-element, and numerical modeling approaches. At this
point, analytical element modeling holds the most promise in finding a defensible
solution to this particular problem in the lower Gorst Creek setting. The Task 3
discussion presumes such an effort.
TASK 3 - Generation of the Appropriate Model and Application to the Problem
Based upon a review of the information currently available, an analytical element model
will likely be the most cost-effective modeling method to reasonably answer the
question. This type of modeling allows more variability than straight analytical modeling
without the complexity of a numerical (MODFLOW) model. The model previously
constructed for the Gorst Creek Basin Study (1996) was an analytical model and some
of the same concepts used for it can be used here.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 7 of 9
previous conceptualizations done for the Gorst Creek basin. The conceptual model will
provide the general "blueprint" for the computer model. For example, the conceptual
model will dictate boundary conditions that must be included in the computer model.
Input parameters for boundary conditions and aquifer parameters will be supplied by the
review of previous data (Task 1).
After the model parameters and boundary conditions are input into the model, a limited
calibration will be accomplished by simulating the 1993 pump test of the Gorst Creek
Production Well. Once calibrated, the model will be run to estimate impacts of the
production well on Gorst Creek. To account for uncertainty in aquifer parameters and
boundary conditions, sensitivity runs varying key parameters will be made to determine
a range of estimated impacts.
TASK 4 - Prepare Technical Report of Findings
This task will provide a report suitable for direct submittal to Ecology as an answer to
the question of percentage of production likely taken from Gorst Creek flows. The report
will descdbe the setting and the modeling effort, present the conclusions, and suggest
the implications of the findings within the water dght change process. The document will
have sufficient graphics to inform any reader of the setting and the model structure.
TASK 5 - Presentation of Findings
The findings will be presented in a meeting with Ecology. In order to make the most of
such a meeting, it is also advised that at least one preliminary meeting be held with the
consultant, the City's water law attorney and appropriate City personnel. This
preliminary meeting will define the general strategy and approach with Ecology, identify
any problematic aspects of the process to be avoided, and identify strengths that should
be emphasized. The two meetings should occur in close succession to avoid policy or
program changes at Ecology disrupting the plan.
TASK 6 - Technical Evaluation of Ecology's Response
Review with City personnel the impact of Ecology's response. Recommend what
further steps, if any, will be necessary.
TASK 7 - Other Assistance
Other hydrogeological assistance as required but only as authorized by the City in
writing.
DELIVERABLES:
Four bound copies and one electronic copy of the technical report will be provided.
I meeting with City personnel to go over the conclusions of the model.
1 meeting with Department of Ecology personnel to go over the conclusions of the
model.
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
Page 8 of 9
Exhibit B
BUDGET
Groundwater Modeling in Support of the Transfer of the Domsea Water Rights to the Bremerton Gorst Creek Production Well
PROJECT BUDGET
The budget for Tasks 1 - 6 is estimated to be $13,475.00.
The budget for Task 7 is $4,000
Estimates for Tasks 1 - 5 are predicated on the assumptions discussed. If a different
approach is determined to be more appropriate or if appreciably more information is
found for review and use, it may be necessary to modify these costs. Such modification
will be discussed in writing with the City and pursued only after authorization by the City.
TOTAL PROJECT BUDGET $17,475.00
Bremerton/Robinson and Noble, Inc.
Groundwater Modeling for Domsea Water Rights
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