HomeMy WebLinkAbout1 - Original Submission_ Professional Services Agreement W13 B4 signaturesPage 1 of 13
Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
PROFESSIONAL SERVICES AGREEMENT
Hydrogeological Oversight Well 13 Redevelopment
The City of Bremerton (“City”) and Robinson Noble Inc. (“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 March 1, 2021 including any attachments thereto, attached hereto as Exhibit A, which is
incorporated by reference herein. 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 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.
II. 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 as provided for in the work schedule attached hereto as Exhibit B; 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.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the City shall
pay Consultant in an amount not to exceed $19,440.00. Consultant’s charges and bills shall conform to the
fee schedule attached hereto as Exhibit C 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 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 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 C.
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.
IV. Relationship of Parties: Consultant 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
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
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 Ci ty 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:
A. 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 sole negligence, unless Consultant is conducting work
pursuant to Subsection B below.
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.
B. Architects, Engineers and Any Other Professional Listed In and Performing Services Defined
in RCW 4.24.115. Should a court of competent jurisdiction determine that Consultant’s services provided
pursuant to 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 THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. 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-contractors.
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
Before beginning work on the project described in this Agreement, the Consultant shall provide a
Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single limit per
accident for bodily injury and property damage; and
2. Commercial General Liability 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
3. Excess Liability insurance with limits not less than $1,000,000 limit per occurrence and
aggregate; and
4. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
5. Workers Compensation insurance as statutorily required by the Industrial Insurance Act of
the State of Washington, Title 51, Revised Code of Washington and employer's liability with
limits not less than $1,000,000.
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.
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 and non-contributory insurance as respects the City and
shall contain a waiver of subrogation against the City for claims arising o ut of any operations, liabilities and
obligations to which coverage applies. It 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 6th Street, Suite 100, Bremerton, WA 98337 within two days of the
cancellation, suspension or substantive change of any insurance policy set out herein, and failure to do so shall
be construed to be a breach of this Agreement.
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.
In the event that the Consultant employs other consultants or contractors (sub-consultants or sub-
contractors) as part of the work covered by this Agreement, it shall be the Consultant’s responsibility to require
and confirm that each sub-consultant or sub-contractor meets the minimum insurance requirements specified
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
above. The Consultant shall, upon demand of the City, deliver to the City copies of such policy or policies of
insurance and the receipts for payment of premiums thereon.
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 Tacoma, 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. Use of Photographs and Images. Consultant shall not use or distribute photographs or images
depicting City officials, personnel, property, or equipment whether prepared by Consultant or provided by City
without prior written consent of the City. The City will not unreasonably withhold its consent.
D. 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 Con sultant'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.
E. Place of Work: The Consultant 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, 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.
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
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 Agreement may only be modified by written instrument signed by both
Parties.
I. 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.
Notices to be sent to: Notices to be sent to:
CITY: CONSULTANT:
Attn: Tom Knuckey Attn: James E. Hay
City of Bremerton Robinson Noble, Inc.
100 Oyster Bay Ave. N. 2105 South C Street
Bremerton, WA 98312 Tacoma, WA 98402
J. 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.
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: Consultant shall comply with all applicable Federal, State, and local
laws in performing its obligations under this Agreement.
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: 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.
O. Assignment: Any assignment of this agreement by the Contractor without the written consent
of the City shall be void.
VIII. Equal Employment Opportunity Statement: In the hiring of employees for the performance of work
under this Agreement, the Consultant, its subcontractors, or any person acting on behalf of Consultant shall
not discriminate in any employment practice on the basis of age (40+), sex, race, creed, color, national origin,
sexual orientation/gender identity, marital status, military status, or the presence of any physical, mental or
sensory disability.
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
IX. ADA Statement: The City of Bremerton does not discriminate on the basis of disability in programs
and activities, which it operates pursuant to the requirements of the Americans with Disabilities Act of 1990,
and ADA Amendments Act. This policy extends to both employment and admission to participation in the
programs, services and activities of the City of Bremerton. Reasonable accommodation for employees or
applicants for employment will be provided.
X. 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 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 desc ribed 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 of the 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 unusua l 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.
XI. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby certifies, by
signing this agreement, that neither it nor its principals are presently debarred, suspended, proposed for
debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal
department or agency. Consultant shall provide immediate written notice to the City if at any time it learns
that it is or has become ineligible for certification . Should Consultant enter into a covered transaction with
another firm, Consultant agrees by signing this agreement that it will verify that the firm with whom it intends
to do business is not debarred, suspended, ineligible, excluded or disqualified.
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY: CONSULTANT:
CITY OF BREMERTON Robinson Noble, Inc.
By: By:
Print Name: Thomas Knuckey Print Name: James E. Hay
Its: Director, Public Works & Utilities Its: Principal Hydrogeologist
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
Roger A. Lubovich, Bremerton City Attorney Angela Hoover, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Professional Services Agreement Rev. 06 2020.docx
EXHIBIT A
SCOPEOF WORK
Professional hydrogeological oversight and direction of Well 13 re-development to include:
1) Participation in the virtual pre-bid meeting and communications with the city and its selected
contractor.
2) Presence at the pre- and post-redevelopment video inspections.
3) One site visit at the start of mechanical surge development and up to five additional (partial day) site
visits and interim communications with the contractor by phone.
4) Pre- and post-redevelopment step-rate testing and analysis.
5) Summary technical memorandum discussing findings of video inspections and redevelopment
activities.
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4/22/20214/23/2021
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
EXHIBIT B
SCHEDULE
The schedule for this project will commence upon signing of this contract and shall conclude by
December 31, 2021
EXHIBIT C
BUDGET AND FEES
Hydrogeologist will work on a time and expense basis. The budget for this contract shall not exceed
$19,440.00
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
Fee schedule follows:
General Fee Schedule January 1, 2021
Professional Positions Fee per Hour
Principal Engineer, Hydrogeologist or Environmental Scientist $194
Associate Engineer, Hydrogeologist or Environmental Scientist $177
Senior Engineer, Hydrogeologist or Environmental Scientist $151
Senior Project Engineer, Hydrogeologist or Environmental Scientist $130
Project Engineer, Hydrogeologist or Environmental Scientist $117
Staff Engineer, Hydrogeologist or Environmental Scientist $106
Senior Field Staff $95
Field Staff $82
Legal Support/Expert Witness Services/Testimony 150% of above rates
Support Positions
Senior GIS/CAD Specialist $99
Senior Technician $99
Senior Administrator $85
GIS/CAD Specialist $85
Technician $84
Administrator $74
Clerical Support $74
Other Fees and Costs
Subcontracts/
Management Fee
Professional services
Outside laboratory services Construction subcontracts
15%
15%
15%
Other Costs
Travel (auto)
Travel (other)
Per diem
Other direct expenses
Field and laboratory testing/equipment rental
$0.64/mile
Cost +10%
Prevailing State rate +10%
Cost +10%
See following pages
This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our
processing fees, will be applied to payments by credit card.
There is no surcharge fee on debit cards.
Hydrogeologic Equipment Rental Schedule
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
January 1, 2021
Equipment
Unit
Rate
Water Level Transducer and Data Logger
Per day $25
Field Laptop Computer
Per day
$40
Electric Water Level Sounder(s) 0 to 300 ft
Flat fee per project
$30
over 300 ft Flat fee per project $60
DC Submersible Purge Pump (Single Stage)
Per pump
List price + 10%
DC Submersible Purge Pump (Dual Stage)
Per pump
List price + 10%
Double-Ring Infiltrometer
Per day
$50
Schonstedt Gradient Magnetometer
Per day
$75
Geonics EM-61 Metal Detector
Per day
$500
Downhole Gamma/Resistivity/Temperature
Logging Equipment
Per day
$500
Downhole Caliper Logging Equipment
Per day
$350
Draw Works
Per day
$600
Mechanical Sieve Sample Equipment
Flat fee per well
$50
2-inch Gasoline-powered Centrifugal Pump
(includes hoses)
Per day
$100
2-inch Submersible Pump + Controller
Per day
$180
Generator & Fuel
Per day
$70
Hand Auger
Per day
$50
Survey Gear (laser level & rod)
Per day
$85
FlowTracker Acoustic Doppler Velocimeter
Stream Gaging Equipment
Per day
$200
pH Field Meter
Per day
$25
GPS
Per day
$20
Other Equipment
Negotiated
Negotiated
Digital Camera
Per day
$10
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Bremerton/Robinson Noble Inc.
Well 13 Redevelopment
Rev. 06/2020
This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our
processing fees, will be applied to payments by credit card.
There is no surcharge fee on debit cards.
Environmental Equipment Rental and Consumable Schedule January 1, 2021
Equipment Unit Rate
Water Level Transducer and Data Logger Per day $50
Field Laptop Computer Per day $40
Electronic Water Level Sounder Per day $30
Electronic Interface Probe Per day $75
DC Operated Peristaltic Pump Per day $45
2-inch Gasoline-powered Centrifugal Pump
(includes hoses) Per day $100
2-inch Submersible Pump + Controller Per day $350
Generator & Fuel Per day $70
Low-Flow Bladder Pump Per day $175
Photoionization Detector Per day $75
Combustible Gas Indicator Per day $65
GPS Per day $20
Water Quality Meter Per day $200
Teflon Water Bailer Per day $30
Soil Sampling Equipment (manual) Per day $25
Mechanical Sieve Sample Equipment Flat fee per project $50
Survey Gear (laser level & rod) Per day $85
pH Field Meter (soils) Per day $50
Soil Vapor Extraction System Per month $750
Digital Camera Per day $10
Hand Auger Per day $50
Other Equipment Negotiated Negotiated
Consumable Items:
Polyethylene Purge/Sampling Tubing
Each 10 feet
$2.50
DC Submersible Purge Pump (Single stage)
Per pump
List price + 10%
DC Submersible Purge Pump (Dual Stage)
Per pump
List price + 10%
Silicone Peristaltic Pump Head Tubing
Each foot
$4.00
Bladders for Low-Flow Bladder Pump
Each
$5.00
Water Sample Bailer
Each
$10
Bailer Rope/String
Each 10 feet
$1.00
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Bremerton/Robinson Noble Inc.
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Rev. 06/2020
Personal Protection Equipment
Per day per person
$50
This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our
processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards.
Geotechnical Field and Laboratory Testing Schedule
January 1, 2021
Test
Fee
Portable Nuclear Density Gauge
Per Hour $5.00
Slope Inclinometer
Per day
$250
Direct Shear
Point
$200
Moisture-Density Relationship Curves:
Each
Each
1 pt $120
Multiple pts $225
Sieve Analyses (Gradations-Wet Sieve)
Each
$150
Bulk Sieve (if gravelly or >10lb)
Add $70
200 Wash
Each
$80
Hydrometer Analysis
Each
$175
Falling Head Permeability
Each
$165
Atterberg Limits
Each
$220
(Liquid Limit and Plastic Limit)
Moisture Content
Each
$12
Dynamic Cone Penetrometer
Day
$225
Points
Each $20
Resistivity 4-point Gauge
Day
$300
Hand Auger
Per day
$50
Consolidation Test Incremental Loading
$550
(9 loads, 0.125 TSF to 32 TSF, 4 unloads) $50/each additional load
Shelby Tube Extrusion/Sample Description
$40
Single-Ring Infiltrometer
Per day
$50
This fee schedule is subject to change according to contract or Professional Services Agreement conditions. A surcharge fee of 2.3%, which is equal to our
processing fees, will be applied to payments by credit card. There is no surcharge fee on debit cards.
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Bremerton/Robinson Noble Inc.
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Rev. 06/2020
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