022-19 - Robinson Noble, Inc. - ContractCITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT
THIS Agreement is made effective as of the 12th day of Februarv 2019, by and between the City
of Port Orchard, a municipal corporation, organized under the laws of the State of Washington, whose
address is:
CITY OF PORT ORCHARD, WASHINGTON (hereinafter the "CITY')
216 Prospect Steet
Port Orchard, Washington 98366
Contact: Mayor Robert Putaansuu Phone: 360.876.4407 Fax: 360.895.9029
And Robinson Noble, Inc. a corporation, organized under the laws of the State of Washington,
doing business at:
Robinson Noble, Inc.
2105 South C Street
Tacoma, WA 98402
(hereinafter the "CONSULTANT")
Contact: Joseph E. Becker, LHG, PG, RPG
President
Phone: 253.475.7711
for professional services in connection with the following Project:
20 I 9 Hydrogeological Services
TERMS AI{D CONDITIONS
A. Consultant shall perform the services described in the Scope of Work attached to this
Agreement as Exhibit "A." The services performed by the Consultant shall not exceed the Scope of Work
without prior written authorization from the City.
B. The City may from time to time require changes or modifications in the Scope of Work.
Such changes, including any decrease or increase in the amount of compensation, shall be agreed to by
the parties and incorporated in written amendments to the Agreement.
2.Schedule of Work.
A. Consultant shall perform the services described in the Scope of Work in accordance with
the Tasks identified within Exhibit "A" and the Terms of this Agreement. If delays beyond Consultant's
reasonable control occur, the parties will negotiate in good faith to determine whether an extension is
appropriate.
B. Consultant is authorized to proceed with services upon receipt of a written Notice to
Proceed
City of Port Orchard and Robinson Noble, Inc.
Public llorl<s Project No. Pll/2019-002
Professional Service Agreement Contract No. C022-19
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1. Services by Consultant.
3 Terms. This Agreement shall commence on Februarv 12. 2019 ("Commencement Date") and
shall terminate December 31. 2019 unless extended or terminated in writing as provided herein.
Additionally, the City reserves the right to offer two one.year extensions prior to contract
expiration to retain the selected company's serices.
Compensation.
LUMP SUM, Compensation for these services shall be a Lump Sum of $
TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $136.000.00 without written authorization and will be based on the list of billing rates and
reimbursable expenses attached hereto as Exhibit "8."
TIME AND MATERIALS. Compensation for these services shall be on a time and material
basis according to the list of billing rates and reimbursable expenses attached hereto as Exhibit
OTHER.
5. Payment.
A. Consultant shall maintain time and expense records and provide them to the City monthly
after services have been performed, along with monthly invoices in a format acceptable to the City for
work performed to the date of the invoice.
B. All invoices shall be paid by City warrant within sixty (60) days of receipt of a proper
invoice. If the City objects to all or any portion of any invoice, it shall so notifo the Consultant of the
same within fifteen (15) days from the date of receipt and shall pay that portion of the invoice not in
dispute, and the parties shall immediately make every effort to settle the disputed portion.
C. Consultant shall keep cost records and accounts per.taining to this Agreement available
for inspection by City representatives for three (3) years after final payment unless a longer period is
required by a third-party agreement. Copies shall be made available on request.
D. On the effective date of this Agreement (or shortly thereafter), the Consultant shall
comply with all federal and state laws applicable to independent contractors, including, but not limited to,
the maintenance of a separate set of books and records that reflect all items of income and expenses of the
Consultant's business, pursuant to Revised Code of Washington (RCW) 51.08.195, as required by law, to
show that the services performed by the Consultant under this Agreement shall not give rise to an
employer-employee relationship between the parties, which is subject to Title 5l RCW, Industrial
Insurance.
E. If the services rendered do not meet the requirements of the Agreement, Consultant will
correct or modifo the work to comply with the Agreement. City may withhold payment for such work
until the work meets the requirements of the Agreement.
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6.Discrimination and Compliance with Laws
A. Consultant agrees not to discriminate against any employee or applicant for employment
or any other person ln the performance of this Agreement because of race, creed, color, national origin,
City of Port Orchard and Robinson Noble, Inc.
Public Worlcs Project No. PW2019-002
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marital status, sex, age, disability, or other circumstance prohibited by federal, state, or local law or
ordinance, except for a bona fide occupational qualification.
B. Even though the Consultant is an independent contractor with the authority to control and
direct the performance and details of the work authorized under this Agreement, the work must meet the
approval of the Ciry and shall be subject to the City's general right inspection to secure the satisfactory
completion thereof. The Consultant agrees to comply with all federal, state and municipal laws, rules and
regulations that are now effective or become applicable within the terms of this Agreement to the
Consultant's business, equipment and personnel engaged in operations covered by this Agreement or
accruing out of the performance of such operations.
C. Consultant shall obtain a City of Port Orchard business license prior to receipt of written
Notice to Proceed.
D. Violation of this Paragraph 6 shall be a material breach of this Agreement and grounds
for cancellation, termination, or suspension of the Agreement by City, in whole or in part, and may result
in ineligibility for further work for City.
7, Relationship of Parties. The parties intend that an independent contractor-client relationship
will be created by this Agreement. As the Consultant is customarily engaged in an independently
established trade which encompasses the specific service provided to the City hereunder, no agent,
employee. representative or sub-consultant of the Consultant shall be or shall be deemed to be the
employee, agent, representative or sub-consultant of the City. In the performance of the work, the
Consultant is an independent contractor with the ability to control and direct the performance and details
of the work, the City being interested only in the results obtained under this Agreement, 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. The Consultant will be solely and entirely responsible for its acts and for
the acts of its agents, employees, representatives and sub-consultants during the performance of this
Agreement. The City ffiBy, during the term of this Agreement, engage other independent contractors to
perform the same or similar work that the Consultant performs hereunder.
8. Suspension and Termination of Agreement
A. Termination without cause. This Agreement may be terminated by the City at any time
for public convenience, for the Consultant's insolvency or bankruptcy, or the Consultant's assignment for
the benefit of creditors.
B. Termination with cause. The Agreement may be terminated upon the default of the
Consultant and the failure of the Consultant to cure such default within a reasonable time after receiving
written notice of the default.
C. Rights Upon Termination.
1. With or Without Cause. Upon termination for any reason, all finished or
unfinished documents, reports, or other material or work of Consultant pursuant to this
Agreement shall be submitted to City, and Consultant shall be entitled to just and equitable
compensation for any satisfactory work completed prior to the date of termination, not to exceed
the total compensation set forth herein. Consultant shall not be entitled to any reallocation of
City of Port Orchard and Robiruon Nctble, Inc.
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cost, profit or overhead. Consultant shall not in any event be entitled to anticipated profit on work
not performed because of such termination. Consultant shall use its best efforts to minimize the
compensation payable under this Agreement in the event of such termination. Upon termination,
the City may take over the work and prosecute the same to completion, by contract or otherwise.
2. Default. If the Agreement is terminated for default, the Consultant shall not be
entitled to receive any further payments under the Agreement until all work called for has been
fully performed. Ary extra cost or damage to the City resulting from such default(s) shall be
deducted from any money due or coming due to the Consultant. The Consultant shall bear any
extra expenses incurred by the City in completing the work, including all increased costs for
completing the work, and all damage sustained, or which may be sustained by the City by reason
of such default.
D. Suspension. The City may suspend this Agreement. at its sole discretion. A.y
reimbursement for expenses incurred due to the suspension shall be limited to the Consultant's reasonable
expenses, and shall be subject to verification. The Consultant shall resume performance of services under
this Agreement without delay when the suspension period ends.
E. Notice of Tcrntination or Suspension, tf delivered to the Consultant in person,
termination shall be effective immediately upon the Consultant's receipt of the City's written notice or
such date as stated in the City's notice of termination, whichever is later. Notice of suspension shall be
given to the Consultant in writing upon one week's advance notice to Consultant, Such notice shall
indicate the anticipated period of suspension. Notice may also be detivered to the Consultant at the
address set forth in Section l5 herein.
9. Standard of Care. Consultant represents and warrants that it has the requisite training, skill and
experience necessary to provide the services under this agreement and is appropriately accredited and
licensed by all applicable agencies and governmental entities. Services provided by Consultant under this
agreement will be performed in a manner consistent with that degree of care and skill ordinarily exercised
by members of the same profession currently practicing in similar circumstances.
10. Ownership of Work Product.
A' All data, materials, reports, memoranda, and other documents developed under this
Agreement whether finished or not shall become the property of City, shall be forwarded to City at its
request and may be used by City as it sees fit. Upon termination of this agreement pursuant to paragraph 8
above, all finished or unfinished documents, repotts, or other material or work of the Consultint pursuant
to this Agreement shall be submitted to City. Any reuse or modification of such documents, reports or
other material or work of the Consultant for purposes other than those intended by the Consultant in its
scope of services shall be at the City's risk and without liability to the Consultant.
B. 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, the Consultant shall bear no responsibility for its disilosure,
inadvertent or otherwise. The Consultant is permitted to disclose "ny .r.h information to the extent
required by law, subpoena or other court order.
City of Port Orchard and Robinson Nohle, [nc.
Public l{orkr Project No. PW20l9-002
Pro/bssional Sert'ice Agreement Crnlract No. C022-19
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11. Work Performed at the Consultant's Risk. The 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
the Consultant's own risk, and the Consultant shall be responsible for any loss or damage to materials,
tools, or other articles used or held by the Consultant for use in connection with the work.
L2. Indemnification. The Consultant shall defend, indemnifu and hold the City, its officers,
officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including reasonable afiorneys' fees, arising out of or resulting from the negligent acts, errors or
omissions of the Consultant in perforrnance of this Agreement, except for injuries or damages caused by
the sole negligence of the City,
Should a court of competent jurisdiction determine that this Agreement is Subject to RCW 4.24.1 15, 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. The provisions of this section shall survive the expiration or termination of this
Agreement.
IT IS FURTHER SPECIFICALLY AND EXPRE,SSLY LINDERSTOOD TI-IAT THE
NDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WATVER OF
IMMI-'NITY I.INDER INDUSTRIAL TNSURANCE, TITLE 5I RCW, SOLELY FOR TT{E PURPOSES
OF THIS INDEMNIFICATTON. THE PARTIE,S FURTI-TER ACKNOWLEDGE THAT TFIEY TIAVE
MUTUALLY NEGOTIATED THIS WATVER.
13. Insurance. The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to properfy which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents, representatives, or
employees.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
Autornobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on Insurance Services Office (lSO) form CA 00
0l or a substitute form providing equivalent liability coverage. [f necessary, the
policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG
00 0l or a substitute form providing equivalent liability coverage and shall cover
liability arising from premises, operations, independent contractors and personal
injury and advertising injury. The City shall be named by endorsement as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City.
3. Workers' Compensation coverage as required by the Indushial Insurance laws of the
State of Washington.
City of Port Orchard and Robinson Noble, Inc.
Public l{orkr Project No. PW20l9-002
ProJbssional Service Agreement Controct No. C022- l9
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4. Professional Liability insurance appropriate to the Consultant's profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
l. Automobile Liability insurance with a minimum combined single limit for bodily
injury and proper(y damage of $ 1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than
$1,000,000 each occurrence, $2,000,000 general aggregate.
3. Professional Liabiliqu insurance shall be wriffen with limits no less than $1,000,000
per claim and $1,000,000 policy aggregate limit.
4. Employer's Liability each accident $1,000,000, Employer's Liability Disease each
ernployee $1,000,000, and Employer's Liability Disease - Policy Limit $1,000,000.
C, Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions for
Automobile Liability, Professional Liability and Commeroial General Liability insurance:
l. The Consultant's insurance coverage shall be primary insurance as respect the City.
Any insurance, self-insurance, or insurance pool coverage maintained by the City
shall be excess of the Consultant's insurance and shall not contribute with it.
2. The Consultant's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail, return receipt requested, has been given to the City.
3. The City will not waive its right to subrogation against the Consultant. The
Consultant's insurance shall be endorsed acknowledging that the City will not waive
their right to subrogation. The Consultant's insurance shall be endorse to waive the
right of subrogation against the City, or any self-insurance, or insurance pool
coverage maintained by the City.
4. If any coverage is written on a "claims made" basis, then a minimum of a three (3)
year extended reporting period shall be included with the claims made policy, and
proof of this extended reporting period provided to the City.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsemeni,
evidencing the insurance requirements of the Consultant before commencement of the work.
City of Port Orchard and Robinson Noble, Inc.
Public ll/orks Project No. PW20l9-002
Protbssional Service Agreement Contact No. C022- t 9
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14. Assigning or Subcontracting. Consultant shall not assign, transfer, subcontract or encumber
any rights, duties, or interests accruing fiom this Agreement without the express prior written consent of
the City, which consent may be withheld in the sole discretion of the City.
15. Notice. Any notices required to be given by the City to Consultant or by Consultant to the City shall
be in writing and delivered to the parties at the following addresses:
CONSULTANT
Joseph E. Becker, LHG, PG, RPG
Robinson Noble, Inc.
2105 South C Street
Tacoma, WA 98402
Phone: 360.876.4407
Fax: 360.895.9029 Phone:253.47 5.77 LL
16. Resolution of Disputes and Governing Law.
A. Should any dispute. misunderstanding or conflict arise as to the terms and conditions
contained in this Agreement, the matter shall first be referred to the Mayor, who shall determine the term
or provision's true intent or meaning. The Mayor shall also decide all questions which may arise between
the parties relative to the actual services provided or to the sufficiency of the performance hereunder.
B. If any dispute arises between the City and the Consultant under any of the provisions of
this Agreement which cannot be resolved by the Mayor's determination in a reasonable time, or if the
Consultant does not agree with the Mayor's decision on a disputed matter, jurisdiction of any resulting
litigation shall be filed in Kitsap County Superior Court, Kitsap County, Washington.
C. This Agreement shall be governed by and construed in accordance with the laws of the
State of Washington. In any suit or action instituted to enforce any right granted in this Agreement, the
substantially prevailing party shall be entitled to recover its costs, disbursements, and reasonable
attorney's fees from the other party.
17. General Provisions.
A. Non-waiver of Breach. The failure of either party to insist upon strict performance of any
of the covenants and agreements contained herein, or to exercise any option herein contained 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 in full force and eflect.
B. Modification. No waiver, alteration, modification of any of the provisions of this
Agreement shall be binding unless in writing and signed by a duly authorized representative of the City
and the Consultant,
C. SeverabiliSa. The provisions of this Agreement are declared to be severable. lf any
provision of this Agreement is for any reason held by a court of competent jurisdiction to be invalid or
City oJ'Port Orchard and Robinson Noble, Inc.
Puhlic Works Project No. PW20l9-002
Professional Service Agreement Contract No. C022-19
Robert Putaansuu
Mayor
216 Prospect Street
Port Orchard, WA 98366
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unconstitutional, such invalidity or unconstitutionality shall not affect the validity or constitutionality of
any other provision.
D. Entire Agreement. The written provisions of this Agreement, together with any Exhibits
attached hereto, shall supersede all prior verbal statements of any officer or other representative of the
City, and such statements shall not be effective or be construed as entering into or formin g a part of or
altering in any manner whatsoever, the Agreement or the Agreement documents. The entire agreement
between the parties with respect to the subject matter hereunder is contained in this Agreement and the
Exhibits attached hereto, which may or may not have been dated prior to the execution of this Agreement.
All of the above documents are hereby made apart of this Agreement and form the Agreement document
as fully as if the same were set forth herein. Should any language in any of the Exhibits to this
Agreement conflict with any language contained in this Agreement, then this Agreement shall prevail.
IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year set
forth above.
CITY OF PORT ORCHARD,
WASHINGTON
CONSULTANT
RI
l,tltt
RPO
Joseph E
Becker
Digitally signed by Joseph
E Becker
Date: 201 9.02.06 I 5:06:55
-08'00'
By
Robert
Mayor
Date:tq
Attest:
By
Rinearson, CMC
City Clerk
APPROVED AS TO FORM:
By
Cates
City Attorney
Joseph E. Becker. LHG. PG. RPG
President
February 6,20L9
City o/Port Orchard and Robinson Noble, Inc.
Public l4/orks Project No. PW20l9-002
Profess ional Service Agreement Contract No. C022- I 9
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.S EAL
f
ROBINSON
NOBLE
February 5, 2019
Mr, Thomas Hunter
Utility Manager
City of Port Orchard
216 Prospect Street
Port Orchard, WA 98366
Subject: Robinson Noble 2019 pilot project scope of work and cost estimate
Dear Thomas,
On our recent call, it was suggested that I provide you with a scope of work and cost estimate
to conduct hydrogeologic services directed toward the pilot project and water right processing.
ldeally, this scope will be used for a contract between the City and Robinson Noble.
As you know, considerable work needs to be accomplished on the City's project this year, with
schedules driven by the Foster task force's legislated deadlines. As you also know, the exact
work to be accomplished will require future input from Ecology and other stakeholders as the
project progresses. The following scope is based on our current understanding of scheduling
and the nature of the work. l've broken down the scope into two general tasks: 1) completing
the modeling and providing a hydrogeologic impact report; and 2l providing CRA services,
including writing the draft Report of Examinatrons for the two pending new applications and six
change applications,
Task 1: Modeling and Hydrogeologic lmpact Report
Based on Tom Pors' work plan and timeline, as well as our recent conversation, I developed the
following modeling and reporting scope, which includes several subtasks as described below.
Subtask 1A: Steady-state Modeling, lnitially, the previous steady-state modeling simulation
needs to be updated with return flows. ln addition, a second simulation will be made looking at
the effect of adding shallow aquifer recharge (SAB) of treated effluent in the McCormick West
area. lt is my understanding that BHC can provide the required information for incorporating
return flows in the next several days. With the information from BHC, the revised steady-state
modeling can be accomplished within the next several weeks. To incorporate the secondary
simulation with SAR in McCormick West, the potentia! locations of SAR will need to be
established, As the potential for SAR is still in the feasibility phase, general locations should be
sufficient if the exact locations are not known,
Subtask 1B: Stream Record Analysis. !n order to prioritize timing of potential mitigation, as
well as examine the relationship between critical periods of natural streamflow and any
projected impacts to stream flow, an analysis of the hydrographs of the potentially impacted
streams needs to be made. We will examine and analyze existing stream gage records
available from Kitsap PUD and the USGS for each of the potentially impacted streams. Results
will be provided in the Task 1 report.
2105 South C Street
Tacoma, Washington 98402
P:253.475.7711 | F: 253.472,5845
17625 130'h Avenue NE, Suite 102
Woodinville, WashinS,ton 98072
P:425.488.0599 | F: 425.488.2330
www. robl nso n-nob le.com
February 5, 2019
Mr, Thomas Hunter
Robinson Noble 2019 Pilot Project Scope of Work
Page 2
Subtask 1C: Transient Modeling. Transient modeling will allow timing of impacts to be
defined. However, based on the provisions of the preliminary permits for Wells 12 and 13,
transient modeling is to occur following consultation with Ecology and the Tribes. Therefore,
the initial work under this subtask will be to define a specific transient modeling work plan,
discuss it with the team, and then present it to the Tribe and Ecology for comment and input.
At this point, I expect the transient modeling to consist of two sets of model simulations, one
to cover the new and change appllcations for Well 12 and the other to cover the new and
change applications for Well 13, lnitially, the model will be run with long time steps (one year or
more) to get a general idea about the timing of impacts at the streams. Following simulations
can include shorter time steps (probably month-long steps) to heip describe seasonal effects.
The well production will be ramped up in the transient simulations based on population and
demand projections provided by BHC. lnitially, the simulations will be run without SAR in the
McCormick West area; later simulations will include the SAR if it is still being contemplated at
the time of the model runs,
Subtask 1D: Hydrogeology and lmpact Report. The deliverable for Task 1 will be a report or
technical memorandum describing the hydrogeology of the area, the stream hydrographic
analysis, the modeling procedures and results, and a summary of projected impacts to area
streams. The report will be written so that it is easily incorporated into a later draft Reports of
Examination for the various water right applications.
Subtask 1E: Project Management and Meetings. Task 1 includes a number of meetings
including meetings between the team members, planning meetings with the Tribe and
Ecology, and a transient modeling meeting with the Tribe and Ecology. lncluded in this subtask
is project management work completed thls month to date.
Task 1 Schedule
Based on our recent call and Tom Pors' draft timeline, l've made a tentative schedule for Task
1.
Subtask 1A: Steady-state Modeling
Subtask 1B: Stream Record Analysis
Subtask 1C: Transient Modeling
Subtask 1D: Hydrogeology and lmpact Report
Subtask 1E: Project Management and Meetings
Task 2: Water Right Processing
We presume the pendtng new and change applications can be processed through a
streamlined Cost Reimbursement Agreement (CRA) with Robinson Noble acting as the
consultant conducting all work, including drafting the Reports of Examination (ROEs). lf this is
not the case, and Ecology requires a different consultant, we assume that Bobinson Noble will
conduct the work up to the drafting of the ROEs, providing a technical memorandum that can
be used in drafting the RoEs. The work is divided into six subtasks,
February5-February22
February 5 - Febru ary 28
February 25 - March 29
February 25 - April 5
February5-April 5
February 5, 201 9
Mr, Thomas Hunter
Robinson Noble 2019 Pilot Project Scope of Work
Page 3
Subtask 2A: Tier 1 Avoidance Analysis. The ROEs will need to address the three tiers of
analysis described in pilot project legislation. The first tier is avoidance, For this subtask,
Robinson Noble will adapt an avoidance analysis provided by BHC and Tom Pors for use in the
ROEs.
Subtask 28: Tier 2 Minimization Analysis. The second tier is minimization analysis, Guidance
is still needed for Ecology as to what they want to see for this analysis, so the scope of the
subtask might change. Currently, we envision this analysis to be an examination of the lack of
in-kind water available for mitigation as well as descriptions of project design and phasing of
proposed in-stream mitigation elements, We expect this work to be completed in close concert
with Tom Pors.
Subtask 2C: Tier 3 Compensation Analysis. The third tier is compensation analysis. This
includes conducting a net ecological benefit (NEB) analysis. Again, guidance is needed from
Ecology as to the form and level of detail in the NEB analysis, so the scope of this subtask may
be modified, The subtask also involves two rounds of consultation with the Tribe and the
Washington Department of Fish and Wildlife (WDFW) - an initial round to get the Tribe and
WDFW's comments on benefits of proposed creek and habitat improvements and a second
round for comment on the draft NEB analysis. Much of the work on the NEB analysis will be
completed by a Subconsultant to Robinson Noble,
ESA Associates (ESA) would be a well-qualified choice to perform the NEB analysis. ESA is an
environmental consulting company specializing in permitting and compliance, environmental
planning, and ecosystem restoration and mitigation, Robinson Noble has worked with ESA
many times in the past. ESA is very familiar with the area, as they produced the Blackjack
Creek Watershed Assessment and Protection and Restoration Plan (December 2017lrfor the
Suquamish Tribe.
Subtask 2D: Monitoring, Reporting, Compliance, and Assurance. This subtask will involve
designing monitoring, reporting, compliance, and assurance conditions for the ROEs. We will
work together with Tom Pors, and in consultation with Ecology, to identify compatible
conditions for inclusion as provisions in the ROEs.
Subtask 2E: Draft Reports of Examination. Robinson Noble will write draft ROEs for the two
new and six change applications that are pending. The results of Task 1 and Subtasks 2A-2D
will be incorporated into the draft ROEs. We presume that preliminary drafts may be submitted
to the Tribe for comment. Following possible incorporation of Tribal comments, the drafts will
be delivered to Ecology. Ecology's comments will be worked into final drafts for posting on
Ecology's website.
Subtask 2F: Projecl Management, Meetings, and other Assistance. Based on today's
conference call, we assume there will be at least three in-person meetings between the team
as the project progresses. This task also includes project management following the end of
Task 1 and any assistance of Robinson Noble with other parts of the process not specified in
Tasks 1 and2.
February 5, 2019
Mr, Thomas Hunter
Robinson Noble 2019 Pilot Project Scope of Work
Page 4
Task 2 Schedule
Based on today's conference call and Torn Pors' draft timeline, l've made a tentative schedule
for Task 2.
Subtask 2A: Tier 1 Avoidance Analysis
Subtask 2B: Tier 2 Mlnimization Analysis
Subtask 2C'. Tier 3 Compensation Analysis
Subtask 2D: Monitoring, Reporting, etc.
Subtask 2E: Dralt Reports of Examination
Subtask 2F', ?M, Meetings, Other Assistance
Estimated Cost
February - March
March - April
April - June
June - July
August - October
March - October
It is expected that the exact nature of the required work will evolve as the project progresses
and with input from the Tribe, WDFW, and Ecology. Therefore, the following cost estimate is
truly an estimate and could be higher or lower depending upon how the project progresses.
Based on our understanding of the profect and the conditions outlined in this scope, we
estimate the cost of our services, as described above, to be $43,600 for Task 1 and $92,500 for
Task 2, for a total of $136,000. lf transient modeling is removed from the Task 1 scope
following consultation with Ecology and the Tribe, the estimated Task 1 cost will be reduced by
$13,400. The Task 2 cost includes an estimated $34,000 for an environmental habitat
subconsultant (as the definition of the NEB analysis is unknown at this time, this portion of the
estimate is highly variable). Robinson Noble works on a time-and-expense basis according to
the attached General Fee Schedule. This estimate will remain valid for 90 days from the date of
this scope.
I hope this scope of work and cost estimate is adequate for your needs. Please contact us if we
can provide additional information or modify the scope of work to better assist the City. Should
this scope and cost estimate be acceptable, please send me a contract for review.
lf you have questions or need additional information, please contact me. Thank you for the
opportunity to continue being of service to the City.
Sincerely,
Robinson Noble, lnc,
, LHG
Principa I Hydrogeologist
ROBINSON'"
NOBLE
General Fee Schedule Janua 1, 2019
This fee schedule is subject to change according to contract or Professional Services Agreement conditions.
Fee per HourProfessiona I Positions
Principal Engineer, Hydrogeologist or Environmental Scientist
Associate Engineer, Hydrogeologist or Environmental Scientist
Senior Engineer, Hydrogeologist or Environmental Scientist
Senior Project Engineer, Hydrogeologist or Environmental Scientist
Project Engineer. Hydrogeologist or Environmental Scientist
Staff Engineer, Hydrogeologist or Environmental Scientist
Senior Field Staff
Field Staff
Le g a I Su p po rUExpe rt Wit ness Services/Testi m o ny
s1 87
$1 71
$1 46
$1 26
$1 13
$1 02
$e3
$80
150Vo of above rates
Support Positions
Senlor GIS/CAD Specialist
Senior Technician
Senior Administrator
GIS/CAD Specialist
Technician
Administrator
Clerical Support
$95
$95
$83
$8s
$83
$72
$72
Other Fees and Costs
other costs
Field and laboratory testing/equipment rental See following pages
15o/o
15o/o
15o/o
Subcontracts/
Management Fee
Professional services
Outside laboratory services
Construction subcontracts
Travel (auto)
Travel (other)
Per diem
Other direct expenses
$0.64/mile
Cost +10%
Prevailing State rate +10olo
Cost +'10%
Bobinson Noble, lnc.rates effective January 1,2019
Equipment
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)
Dou ble-Ri ng I nfiltrometer
Schonstedt G radient Mag netometer
Geonics EM-61 Metal Detector
Downho le Gam ma/Resistivity/Temperatu re
Logging Equipment
Downhole Caliper Logging Equipment
Draw Works
Mechanical Sieve Sample Equipment
2-inch Gasoline-powered Centrifugal pump
(includes hoses)
2-inch Submersible Pump + Controiler
Generator & Fuel
Hand Auger
Survey Gear (laser level & rod)
FlowTracker Acoustic Doppler Vetocim eter
Stream Gaging Equipment
pH Field Meter
GPS
Other Equipment
Digital Camera
Unit
Per day
Per day
Flat fee per project
Flat fee per project
Per pump
Per pump
Per day
Per day
Per day
Per day
Per day
Per day
Flat fee per well
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Per day
Negotiated
Per day
List price + 10o/o
List price + 10o/o
$50
$75
$500
$500
$350
s600
$50
$1 00
$1 80
$70
$50
$85
$200
$25
$20
Negotiated
$10
Rate
$25
$40
$30
$60
Hydrogeologic Equipment Rental Schedule
Janua 1, 2019
This fee schedule is rng to contract or Professional Services Agreement conditions
Robinson Noble, lnc.
subject to change accord
rates effective January t, 20lg
Equipment
Water Leve! Transducer and Data Logger
Field Laptop Computer
Electronic Water Level Sounder
Electronic !nterface Probe
DC Operated Peristaltic Pump
2-inch Gasoline-powered Centrifugal Pump
(includes hoses)
2-inch Submersible Pump + Controller
Generator & Fuel
Low-Flow Bladder Pump
Photoion ization Detector
Combustible Gas lndicator
GPS
Water Ouality Meter
Teflon Water Bailer
Soil Sampling Equipment (manual)
Mechanical Sieve Sample Equipment
Survey Gear (laser level & rod)
pH Field Meter (soils)
Soi! Vapor Extraction System
Digital Camera
Hand Auger
Other Equipment
U nit
Per day
Per day
Per day
Per day
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 project
Per day
Per day
Per month
Per day
Per day
Negotiated
Rate
$so
$40
$30
$75
$45
$1 00
$3s0
$70
$1 75
$75
$os
$20
$200
$30
$25
$50
$85
$50
$750
$10
$50
Negotiated
Consumable ltems:
Polyethylene Purge/Sampling Tu bing
DC Submersible Purge Pump (Single stage)
DC Submersible Purge Pump (Dual Stage)
Silicone Peristaltic Pump Head Tubing
Bladders for Low-Flow Bladder Pump
Water Sample Bailer
Bailer Rope/String
Personal Protection Equipment
Each 10 feet
Per purnp
Per pump
Each foot
Each
Each
Each 10 feet
Per dav per person
$2.50
List price +
List price +
$4.00
$s.00
$10
sl.00
$50
10o/o
10o/o
Environmental Equipment Rental and Consumable Schedule
Janua 1 201 9
This fee schedule is subject to change according to contract or Professional Services Agreement conditions
Robinson Noble, lnc rates effective January 1,2019
Test
Portable Nuclear Density Gauge
Slope lnclinometer
Direct Shear
Moistu re-Density Relationsh ip Curves:
Sieve Analyses (Gradations-Wet Sieve)
Bulk Sieve (if gravelly or >101b)
200 Wash
Hydrometer Analysis
Falling Head Permeability
Atterberg Limits
(Liquid Limit and Plastic Limit)
Moisture Content
Dynamic Cone Penetrometer
Points
Resistivity 4-point Gauge
Hand Auger
Consolidation Test lncremental Loading
(9 loads, 0.125 TSF to 32 TSF, 4 unloads)
Shelby Tube Extrusion/Sample Description
Sin gle-Ring lnfiltrometer
Per Hour
Per day
Point
Each
Each
Each
Add
Each
Each
Each
Each
tu
$5.00
$250
$200
1 pt$120
Multiple pts $225
$1 50
$70
$80
s1 75
$1 65
$220
$12
$225
s20
$300
$50
$550
$SO/each additional load
$40
$50
Each
Day
Each
Day
Per day
Per day
Geotechnical Field and Laboratory Testing Schedule
Janua 1 , 2019
This fee schedule is subject to cha nge according to contract or Professional Services Agreement conditions
Robinson Noble, lnc.rates effective January l, 20l g
MRSC Rosters Page 1 of4
Pubtic Agency Name:
Roster Type:
Date:
Time:
Main Category:
Sub-Category:
City of Port Orchard
Consuttant Roster
0112912019
O8:5O am
Environmental Consutti ng
Hydrogeotogy
Adopt A Stream Foundation
Akana
Apex Companies, LLC
Apex Engineering
Aptum lnc.
Aspect Consulting. LLC
Associated Earth Sciences, lnc.
Associated Environmental Group LLC
ATC Group Services, LLC
Bergeson-Boese & Associates, lnc. dba BB&A Environmental
Blue Marine, LLC
Brown and Caldwell
Cardno
Cascadia Consulting Group
Coho Water Resources
CRETE Consulting lnc
Dalton, Olmsted & Fuglevand,lnc.
Detphis Technical Support and Solutions, LLC
DH Environmental,lnc.
EA Engineering, Science, and Technotogy, lnc., PBC
EHS-lnternationa[, lnc.
https://members.mrscrosters.org/public-agency/rosters/result?rt-czoxMDoiY29uc3VsdGF... ll29l2O19
MRSC Rosters Page 3 of4
Jacobs Engineering Group lnc.
JECB
Jerome W. Morrissette & Associates !nc.. P.S.
Kane Environmental, lnc.
Kennedy/Jenks Consultants
Key Environmental Sotutions, LLC.
Kindred Hydro,lnc.
Kleinfelder
KPG
Landau Associates
Land Devetopment Consuttants, lnc.
Marine Surveys & Assessments
Mau[ Foster & Atongi, lnc.
Migizi Group, lnc.
Mott MacDonatd
Northwest Groundwater Services, LLC
Pacif ic Groundwater Group
Pacific Surveying and Engineering Services
Parametrix
PBS Engineering and Environmentat lnc.
Perteet lnc.
PND Engineers,lnc.
RH2 Engineering lnc
Robinson Noble,lnc.
Schemmer Consulting Group PLLC
SCJAttiance
SCS Engineers
https://members.mrscrostcrs.orglpublic-agency/rosters/result?rt:czoxMDoiY29uc3VsdGF... ll29/2019