HomeMy WebLinkAbout5009Contract Number:
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5009
ROBINSON NOBLE
Groundwater Well Technical Assistance
Public Works
LEG 12-1
2/9/2011
12/31/2011
11/1/2011
Comments :
PROFESSIONAL SERVICES AGREEMENT
[Robinson Noble for Groundwater Well Technical Assistance]
The Crty of Bremerton ("Crty") and Robmson Noble ("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 descnbed m the
Scope of Work, dated December, 2010, mcluding any attachments thereto , attached hereto as
E�chibrt A, wluch is mcorporated by reference herem The Scope of Work may be modified only
pursuant to Section VII G of this Agreement If the Scope of Work provides for unspecified
addrtional services such services shall only be performed upon the express wntten request of the
City Consultant further represents that the services furnished under tlus Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed
II. Term: The Crty and the Consultant agree that work will begin on the tasks descnbed in
Exlubit A unmediately upon execution of tlus Agreement The parties agree that the work
descnbed in E�ubit A is to be completed as provided for in the work schedule attached hereto as
Exlubrt B, provided however, that addrtional time shall be granted by the Crty for excusable
delays or extra work as provided for in section IX (A) of tlus agreement
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
Crty shall pay Consultant m an amount not to exceed $25,000 Consultant's charges and bills
shall conform to the fee schedule attached hereto as Exlubrt C and mcorporated herem by tlus
reference.
The Consultant shall submit regular billing statements detailmg work performed and
amount charged on each task or portion thereof The descnphons shall conform to and fall
wrtlun the categones set out m the Scope of Work and/or Fee Schedule Upon receipt of a
conforming billing statement, the Crty shall promptly process payment PROVIDED,
HOWEVER, the Crty reserves the nght to pnonhze scoped work and accelerate and/or delay
work tasks under the time frame set forth m Section II herein The Consultant's labor rates and
billmg fees shall be as delmeated in Exlubrt C
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 compensahon is modified pursuant to tlus
Agreement Consultant shall only be compensated for additional services if requested pursuant
to Sechon I and, if not otherwise provided, such compensation shall be in accordance with
Exlubit C
If a billmg statement does not conform to this Agreement, the Crty may wrthhold
payment unhl' the statement is brought into compliance Such withholdmg does not relieve
Consultant of its obligations under this Agreement
Bremerton/Robmson Noble, Inc
Hydrogeological Techrucal Assistance
Page 1 of 8
IV. Relationship of Parties: Consultant represents that it is slcilled in the matters addressed
in the Scope of Work and is performmg mdependent functions and responsibilities wrtlun rts
field of expertise. Consultant and its personnel are mdependent Consultants and not employees
of the Crty Consultant and its personnel have no authority to bmd the City or to control the
Crty's employees and other Consultants None of the benefits provided by the Crty to rts
employees, including, but not lunrted to, compensation, insurance, and unemployment insurance
are available from the Crty to the employees, agents, representatives, or sub-Consultants of the
Consultant � Consultant will be solely and entirely responsible for rts acts and for the acts of
Consultant's agents, employees, representatives and sub-Consultants dunng the performance of
this Agreement The Crty may, durmg the term of tlus Agreement, engage other mdependent
Consultants to perform the same or similar work
As an mdependent Consultant, Consultant is responsible for rts own management. The
Crty's admimstration and enforcement of tlus Agreement sha11 not be deemed an exercise of
managerial control over Consultant or rts personnel
As an mdependent Consultant, Consultant is responsible for payment of all taxes and
licensmg fees necessary to perform rts obligahons under tlus Agreement These taxes and fees
mclude but are not limrted to State mdustnal insurance, Business & Occupation, State
professional licensing, and City busmess licensmg If any taxes or fees due the City have been
declared delinquent, the Crty may withhold the delmquent amount, plus any addrtional charges
ansmg from the delinquency, from any payments due Consultant
V. Indemnification: Consultant shall defend, mdemrufy and hold the Crty, rts officers,
officials, employees, agents and volunteers harmless from any and all claims, m�unes, damages,
losses or surts, mcludmg all legal costs and attorney fees, arising out of or in connection wrth the
performance of tlus Agreement, except for that portion of the m�uries and damages caused by the
Crty's sole neghgence
The Crty's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemmfication
Should a court of competent �urisdiction determme that this Agreement is sub�ect to
RCW 4 24 115, then, in the event of liabihty for damages arising out of bodily m�ury to persons
or damages to property caused by or resultmg from the concurrent negligence of the Consultant
and the Criy, its officers, officials, employees, agents and volunteers, the Consultant's liabilrty
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 THIS WAIVER.
The provisions of tlus section shall survive the expiration or terminahon of tlus Agreement
BremertonlRobmson Noble, Inc
Hydrogeological Tecluucal Assistance
Page 2 of 8
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance agamst claims for m�unes to persons or damage to property wluch may anse from or in
connection wrth the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub-consultants or sub-Consultants
Before begmrung work on the pro�ect described in tlus Agreement, the Consultant shall
provide a Certificate of Insurance evidencing.
1. Automobile Liabilitv insurance v�nth limits no less than $1,000,000 combined smgle
limrt per accident for bodily m�ury and property damage, and
2. Commercial General Liabilitv msurance written on an occurrence basis wrth limrts no
less than $1,000,000 combined smgle limit per occurrence and general aggregate for
personal in�ury, bodily in�ury and property damage Coverage shall include but not be
limrted to blanket contractual, products/completed operahons/broad form property
damage, explosion, collapse and underground (XCU) if applicable, and employer's
liabihty,and
3. Excess Liabilitv msurance wrth limrts not less than 1,000,000 limit per occurrence and
aggregate
4. Professional Liabilitv msurance wrth limits no less than $1,000,000 limit per
occurrence/claim
Any payment of deductible or self insured retenhon shall be the sole responsibility of the
Consultant
All required policies shall be provided on an"occurrence" basis except professional
liabihty msurance (if required), which may be provided on a"claims-made" basis
The Crty shall be named as an addrtional 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 Crty, wluch names the City as an addihonal msured shall be
attached to the Certificate of Insurance The City reserves the nght to receive a certified copy of
all the required msurance policies and endorsements The City further reserves the nght to reject
any unacceptable policies and/or endorsements
The Consultant's Commercial General Liabilrty insurance shall contain a clause stating
that coverage shall apply separately to each insured agamst whom claun is made or surt is
brought, except with respects to the hmrts of the msurer's hability
The Consultant's msurance shall be pnmary insurance as respects the Crty and rt shall be
an affirmative obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-
5161, or by certified mail, return receipt requested to City of Bremerton, attn: Risk Management,
345 6�' Street, Surte 600, Bremerton, WA 98337 within two days of the cancellation, suspension
or substantive change of any insurance policy set out herem, and failure to do so shall be
construed to be a breach of tlus Agreement.
Bremerton/Robmson Noble, Inc
Hydrogeological Techmcal Assistance
Page 3 of 8
The City also reserves its unqualified nght to require at any time and for any reason,
proof of coverage m the form of a duplicate of the msurance policy wrth all endorsements as
evidence of coverage
VII. General Conditions:
A Reports and Information When requested by the Crty, Consultant shall furnish
penodic reports and documents on matters covered by tlus Agreement. The reports and
documents shall be funushed m the time and form requested Consultant shall maintain
accounting records m accordance with Generally Accepted Accounhng Pnnciples (GAAP) to
substantiate all,billed amounts
B Ownerslup and Use of Records and Documents Ongmal documents, drawmgs,
designs and reports, includmg those in electromc format, developed under tlus Agreement are the
property of the Crty All wntten information submitted by the Crty to the Consultant in
connection with the services performed by the Consultant under tlus Agreement will be
safeguarded by the Consultant to at least the same extent as the Consultant safeguards like
mformation relating to rts own busmess If such mformation is publicly available or is already in
Consultant's possession or known to rt, or is nghtfully 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 m Tacoma, Waslungton Consultant shall make such data, documents, and
files available to the City upon rts request at all reasonable times for the purpose of edrtmg,
modifying and updahng as necessary until such hme as the Crty is capable of stonng such
mformation in the City's offices Duplicate copies of this informahon shall be provided to the
Crty upon its request, and at reasonable cost
All documents, mcludmg all reports, drawmgs, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
wrth respect to the pro�ect and are the property of the City Any reuse by the Crty for other than
the specific purpose mtended will be at City's sole nsk
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 sha11 be done at Consultant's own nsk, and Consultant shall be responsible for any loss
of or damage to matenals, tools, or other articles used or held for use in connection wrth the
work
D. Place of Work• The Consultant shall perform the work authorized under this
Agreement at rts offices in Tacoma, Waslungton Meetings wrth the Crty staff as descnbed m
Exlubit A, Scope of Work, shall take place at the Crty's offices, or at locations mutually agreed
upon by the parties
Bremerton/Robmson Noble, Inc
Hydrogeological Techmcal Assistance
Page 4 of 8
E Enhre Agreement Tlus Agreement and rts Exlubrts conshtutes the entire agreement
between the Parties, and the Parties acknowledge that there aze no other agreements, written or
oral, that have not been set forth in the text of tlus Agreement
F Severabilrtv• Should any part of tlus Agreement be found void, the balance of the
Agreement shall remain in full force and effect
G Modification This Agreement may only be modified by wntten instrument signed by
both Parties
H Wntten Nohces All commurucations regarding tlus Agreement shall be sent to the
parties at the addresses listed below by registered or 1 st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated m this Agreement
or such other address as may be hereafter specified in wntmg
Crty Address
City of Bremerton Pubhc
3027 Olympus Dnve
Bremerton, WA 98310
Works and Utilities
Consultant Address
Robmson Noble, Inc
3011 So. Huson St Surte A
Tacoma, WA 98409
I Waiver Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision Waiver of any nght or power ansing out of tlus Agreement shall not be
deemed waiver of any other nght or power
J Non-Waiver of Breach• The failure of the Crty to msist upon strict performance of any
of the covenants and agreements contamed herein, or to exercise any option herein conferred m
one or more mstances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remam m full force and effect
K Compliance with Laws Consultant sha11 comply wrth all applicable Federal, State,
and locallaws in performmg rts obligations under tlus Agreement
L Choice of Law and Venue Tlus Agreement sha11 be interpreted according to the laws
of the State of Waslungton Any Judicial achon to resolve disputes ansmg out of tlus Agreement
shall be brought m Krtsap County Superior Court
M Attornevs' Fees In the event of litigation to enforce any of the terms �or provisions
herem, each party shall pay all rts own costs and attorney's fees -' �
N. Assi ent. Any assignment of tlus agreement by the Contractor wrthout the wntten
consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discnmmate in employment or services to the
pubhc on the basis of race, color, nahonal ongm, sex, religion, age, marrtal� status, disability, or
sexual onentation except for employment actions based on bona fide occupational qualification.
Bremerton/Robmson Noble, Inc
Hydrogeological Techrucal Assistance
Page 5 of 8
IX. Termination: Tlus Agreement shall rema,�n in force until completion and acceptance of
the services, terminated by wntten mstrument upon mutual consent, or by the City of Bremerton
for converuence This Agreement may be immediately terminated for cause by a Party if the
other Party substanhally fasls to perform through no fault of the termmatmg Party, and the non-
performmg Party does not commence correction of the failure of performance wrtlun tlurty (30)
days of the termmating Party's sending notice to the non-performmg Party Any Notice by
Consultant shall include a report showing the status of all rtems listed m the Scope of Work
current through the termination date. �
If the City receives reimbursement by any federal, state, or other source for work descnbed m
Section I herein, and that fundmg is wrthdrawn, reduced or hmrted m any way, or the pro�ect is
cancelled or substantially reduced after the execution date of tlus Agreement and pnor to the
completion of the work, the Crty may summanly terminate this Agreement.
A Excusable Dela,� The right of Consultant to proceed shall not be terminated nor shall
Consultant be charged wrth liquidated damages for any delays in the complehon of the work due
to 1) any acts of the federal government in controllmg, restncting, or requisrtiorung materials,
eqwpment, tools, or labor by reason of war, national defense, or other national emergency; 2)
any acts of the Crty, rts consultants, or other public agencies causmg 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 wrthout the fault or negligence of the Consultant, including, but not
restricted to, acts of God, fires, floods, strikes, or weather of unusual seventy PROVIDED,
HOWEVER, that the Consultant must promptly notify the City witlun ten (10) calendar days in
wrrtmg 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 Crty shall, m wrrting, extend the tune for completing the
work for a penod of time commensurate with the penod of excusable delay
B. Ri ng ts Upon Termmation In the event of termination, the City shall pay for a11
services performed by the Consultant to the effective date of termination, as descnbed on a final
invoice submitted to the City After termination, the Crty may take possession of all records and
data. wrthin the Consultant's possession pertaimng to tlus pro�ect wluch may be used by the Crty
without restnction Any such use not related to the pro�ect which Consultant was contracted to
perform shall be without liabilrty or legal exposure to the Consultant
CITY OF BREMERTON CONSULTANT �
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$ �,� fJ/1 �' �jcclt�r
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Date• Z/9 f I�
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Bremerton/Robinson Noble, Inc
Hydrogeological Techmcal Assistance
Page 6 of 8
App o form
Bre on C Attorney
EXHIBIT A SCOPE OF WORK
Provide hydrologic services required to design and test new wells and
rehabilitate wells according to the requirements of the Washington State
Departments of Health and Ecology
Task 1 Technical Assistance
Provide technical specifications for well construction and a bid form for inclusion with
the City's standard bid package Coordinate well design, completion, and testing with
the City's well drilling contractor and with regulatory agencies Review drilling
contractor's invoices for accuracy
Task 2 Provide Well Screen Design
Hydrogeologist will observe collection of aquifer sand samples during well drilling,
conduct sieve analyses of the samples in Robinson Noble's laboratory, and provide
proposed screen design for City approval before the well drilling contractor submits
screen order to their supplier
Task 3 Conduct 24-hour Pumping Test
Hydrogeologist will install automatic water level sensing device in the new well and in
the old well The automatic data will be verified with manual measurements taken by
the hydrogeologist or drilling contractor at appropriate intervals Conduct step test and
determine pumping rate for the 24-hour constant rate test Assist with collection of the
required water quality samples for transport to the City's contract laboratory
Task 3 Other Field Assistance
Oversee work of the well driller Qualified hydrogeologist will observe well drilling during
critical phases of construction, completion, and development Hydrogeologist will be on
site to collect representative aquifer samples during aquifer penetration Provide a
video scan of new well
Task 2 Prepare Technical Reports
Prepare technical reports as required by the Washington State Departments of Health
and Ecology which will include location map, lithologic log, well completion details,
graphic analysis of well test, water quality analyses, and delineation of new wellhead
protection areas for 6-month, 1-year, 5-year, and 10-year time-of-travel All reports are
to be submitted to the City first in draft form with time for City review All final technical
reports are to be submitted digitally with finro bound paper copies
Task 4 Other Technical Assistance as May Be Requested
Provide other technical assistance as requested which may include training on
hydrogeological issues such as evaluation of data, interpretation of well level
information, etc or other technical assistance
Bremerton/Robinson Noble, Inc
Hydrogeological Techmcal Assistance
Page 7 of 8
EXHIBIT B SCHEDULE
The schedule for this pro�ect,will commence upon signing of this contract and shall
conclude by December 31, 2011
EXHIBIT C BUDGET AND FEES
Hydrogeologist will work on a time and expense basis The budget for this contract
shall not exceed $25,000
Fee schedule is as follows as reflected in the attached four pages
Bremerton/Robinson Noble, Inc
Hydrogeological Techrucal Assistance
Page 8 of 8
r >
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R OBINSO N�"
NOBLE
A _ _■ !�_ _ A _ �_ _
aa����ra� rc� �7ii��CYY1C
Professional Position
Principal Engineer/
Hydrogeologist/
Environmental Scientist
Senior Associate Engineer/
Hydrogeologist/
Environmental Scientist
Associate Engineer/
Hydrogeologist/
Environmental Scientist
Senior Engineer/
Hydrogeologist/
Environmental Scientist
Senior Project Engineer/
Hydrogeologist/
Environmental Scientist
Project Engineer/
Hydrogeologist/
Environmental Scientist
D raftsperson/Tech n icia n
rt/Testim
Typical Duties
Service requiring the scientific expertise of
company pnncipals Includes top-level pro�ect
review and control, client liaison
Senior Associate-level pro�ect management,
client liaison, field services, pro�ect analysis,
and report wnting
Associate-level pro�ect management, client
liaison, field services, pro�ect analysis, and
report wnting
Senior-level pro�ect management, client
liaison, field services, data interpretation and
analysis, and report wnting
Senior pro�ect level field services, data
collection, reduction, interpretation and
analysis, and report wnting
Field services, data collection, reduction,
interpretation and analysis, and report writing
Technical illustration/CADD, production layout,
technical aide
rt witness services
Service Category
Senior Field Staff/Field Staff
Administrative Services
Typist/Clerical Support
Subcontracts/
Management Fee
Typical Duties
Field support services (non-degreed staff) 4-
hour minimum
Contracts, technical specifications,
administrative tasks, grammatical editing
Word processing, report preparation or
reproduction, general office tasks
Professional Services
Outside Laboratory Services
Construction Subcontracts
January 2011
Fee Per Hour
$130 - $171
$116-$152
$106 - $152
$96 - $130
$96 - $116
$96 - $106
$75 - $86
150% of above rates
Fee Per Hour
$65 - $80
$65 - $75
$60 - $65
15%
15%
15%
Other Costs Travel (Auto) $0 62/mile�
Travel (Other) Cost +10%
Per Diem Prevailing State wage +10%
Other Direct Expenses Cost +10%
Field and Laboratory Testing/
Equipment Rental See followi
This fee schedule is sub�ect to change according to contract or Professional Services Agreement conditions
es
s Y
Hydrogeologic Equipment Rental Schedule
�anuar ��ii
Equipment Unit
Water Level Transducer
and Data Logger
Field Laptop Computer
Electric Water Level Sounder(s) 0 to 300 ft
over 300 ft
DC Submersible Purge Pump (Single Stage)
DC Submersible Purge Pump (Dual Stage)
Double-Ring Infiltrometer
Schonstedt Gradient Magnetometer
Geonics EM-61 Metal Detector
Downhole Gamma/Resist�vity/Temperature
Logging Equipment (includes Draw Worksl
Downhole Analog Caliper Logging
Equipment
I Draw Works
Mechanical Sieve Sample Equipment
2-inch Gasoline-powered Centrifugal Pump
(includes hoses)
2-inch Submersible Pump + Controller
Generator
Survey Gear (laser level & rod)
FlowTracker Acoustic Doppler Velocimeter
Stream Gaging Equipment
GPS
Other Equipment
First five days
Each day thereafter
Per day
Flat fee per pro�ect
Flat fee per pro�ect
Per pump
Per pump
Per day
Per day
Per day
Per day
Per well
Per well
Flat fee per well
Per day
Per day
Per day
Per day
Per day
Per day
Negotiated
Rate
$80
$27 50
$30
$30
$60
$80
List price + 10%
$50
$75
$500
$1,100
$100
$525
$50
$55
$180
$70
$85
$200
$22 50
Negotiated
�.
fhis fee schedule is sub�ect to change according to contract or Nrotessional Services Agreement conaitions
Rob�nson Nob/e, Inc Page 2 of 4
� .
Environmental Equipment Rental and Consumable Schedule
January 2011
Equipment Unit Rate
Water level transducer
and data logger Per day $100
Fieid Laptop Computer Per day $50
Electronic Water Level Sounder Per day $30
Electronic Interface Probe Per day $75
DC Submersible Purge Pump (Single
stage)
DC Submersible Purge Pump (Dual Stage)
DC-operated Peristaltic Pump
2-inch Gasoline-powered Centrifugal Pump
2-inch Submersible Pump + Controller
Generator
Low-Flow Bladder Pump
Photoionization Detector
Combustible Gas Indicator
Water Quality Meter
Teflon Water Bailer
Soil Sampling Equipment (manual)
Soil Sampling Equipment (power)
Mechanical Sieve Sample Equipment
Survey Gear (laser level & rod)
Soil Vapor Extraction System
Atmospheric Condition Monitoring Unit
Other Equiament
Per pump
Per pump
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Flat fee per pro�ect
Per day
Per Month
Per day
Negotiated
$80 first pump, $40 each
List price + 10%
Additional pump $40
$100
$350
$60
$175
$75
$65
$200
$30
$25
$40
$25
$80
$750
$50
iated
Consumable Items:
Polyethylene Purge/Sampling Tubing Each 10 feet $2 50
Sdicone Peristaltic Pump Head Tubing Each foot $4 00
Bladders for Low-Flow Bladder Pump Each First 3 Free -$5 00 each
additional bladder
Water Sample Bailer Each $10
Bader Rope/String Each 10 feet $1 00
Personal Protection Equipment Per day per person $50
This fee schedule is sub�ect to change according to contract or Professional Services Agreement conditions
Robmson Noble, Inc
Page 3 of 4
. �
Geotechnical Field and Laboratory Testing Schedule
�anuary �u s �
Test
Slope Inclinometer
Direct Shear
Moisture-Density
Relationship Curves
Sieve Analyses (Gradations-
Wet Sieve)
Hydrometer Analysis
Falling Head Permeability
Atterberg Limits (Liquid
Limit or Plastic Limit)
Moisture Content
Dynamic Cone Penetrometer
Points
Fee
Per day $250
Point $200
Each 1 pt $120
Each Multiple pts $190
Each
Each
' Each
Each
Each
Day
Each
$140
$165
$165
$100
$10
$225
$20
This fee schedule is sub�ect to change according to contract or Nrotessiona� 5ervices Hgreement conaitions
Robmson Nob/e, Inc Page 4 of 4