HomeMy WebLinkAbout1 - Original Submission_ Contract Modification_1 Aspect_Water Right Change ROEPage 1 of 3
Contract Modification
Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND ASPECT CONSULTING,
LLC
PROJECT Well 1R Water Right Change Application Report of Examination
CONSULTANT Aspect Consulting, LLC
DATE September 26, 2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the
City of Bremerton and Aspect Consulting, LLC on March 14, 2022.
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 I. Scope , is modified as follows:
See Amended Scope of Work attached as Exhibit A.
Section III. Compensation , is modified as follows:
In consideration of the services provided pursuant to this Agreement, the City shall pay Consultant
in an amount not to exceed $22,500.
II.
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 right 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 other miscellaneous costs relating to the change in work, and as to the extension of time
allowed, if any, for completion of the entire work due to said Contract Modification.
DocuSign Envelope ID: 2680B03F-14C0-4241-9EA5-9AECCE8E7095
Page 2 of 3
Contract Modification
Rev. 09/2021
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 WHEREOF, the parties have executed this Contract Modification on the day
and year first written above.
City Engineer / Public Works Director approved to process _________________________ (Initials and Date)
CONSULTANT THE CITY OF BREMERTON
By: By:
Print Name: Jill Van Hulle Print Name: Thomas Knuckey
Its: Sr. Associate Water Rights Specialist Its: Director of Public Works & Utilities
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Trish Klimek Cami Apfelbeck
Aspect Consulting, LLC City of Bremerton
350 Madison Ave North 100 Oyster Bay Ave N
Bainbridge Island, WA 98110 Bremerton, WA 98312
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
DocuSign Envelope ID: 2680B03F-14C0-4241-9EA5-9AECCE8E7095
10/18/2022 10/18/2022
Page 3 of 3
Contract Modification
Rev. 09/2021
EXHIBIT A
SCOPE OF WORK
February 22, 2022
PROJECT BACKGROUND
The City of Bremerton (City) has filed an Application for Change of Water Right with
Washington State Department of Ecology to change the point of withdrawal designated by Water
Right Claim 116705, from the originally designated Well 1 to replacement Well 1R. The
application is being processed through a Streamlined Cost Reimbursement Agreement (CRA)
under which the City will contract directly with Aspect Consulting, LLC (Aspect) to process the
application.
PROJECT SCOPE OF WORK
TASK 1. Initial Application Processing (up to 12 hours, $2,500)
Aspect will review the pending application and assist the City with Ecology’s CRA contracting
process. Aspect will lead a consultation meeting with Ecology’s Northwest Regional Office to
discuss permitting approach and verify CRA status. With Ecology’s concurrency, Aspect will
prepare and publish legal notices, and conduct outreach to the Department of Fish and Wildlife
and other stakeholders as needed.
TASK 2. Hydrogeological Assessment (up to 36 hours, $6,500)
Former Well 1 and replacement Well 1R are both located in the City’s Anderson Creek wellfield
in Kitsap County parcel 332401-3-023-2005. Aspect will review the technical information
provided by the City in support of this application for change, including previously conducted
assessments, to determine if the change in point of withdrawal has the potential to impact
other water users or instream flows in regulated water bodies. Aspect’s review will address the
nature of surface and groundwater interactions, and aquifer completion considerations including
same body of groundwater.
Aspect will incorporate its findings directly in the Report of Examination (Task 3
deliverable). It is assumed that previous studies, including recent groundwater modeling and
consultant reports will provide sufficient supporting documentation.
TASK 3. Drafting of Report of Examination (up to 46 hours, $11,000)
Aspect will prepare a record of its permitting recommendation in the form of a Report of
Examination (ROE) for review by Ecology’s Northwest Regional Office. The ROE will address
legal standing of the water right proposed for change, potential for impairment resulting from the
change, and address hydrogeological considerations as needed to support the requested change.
A site visit will be conducted as needed.
TASK 4. Project Management (12 hours, $2,500)
Project Management includes invoicing, technical edits, internal meetings, and client
communication.
DocuSign Envelope ID: 2680B03F-14C0-4241-9EA5-9AECCE8E7095