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001-15 - Aspect Consulting, LLC - Contract Amendment 1Amendment No. 1 to Contract No. 001-15 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH ASPECT CONSULTING, LLC. THIS AMENDMENT to Contract No. 001-15 ("Amendment") is made effective as of the 19`' day of December, 2019, by and between the City of Port Orchard ("City), a municipal corporation, organized under the laws of the State of Washington, and Aspect Consulting, LLC, a company organized under the laws of the State of Washington, located and doing business at 401 2°d Avenue South, Suite 201, Seattle WA 98104 ("Consultant"). WHEREAS, on November 12, 2014, the City executed a Professional Services Agreement with Consultant, for the provision of 2015-2019 Marina Mart/Vlist Property Environmental Services ("Underlying Agreement"); and WHEREAS, the Underlying Agreement's expiration date is December 30, 2019 and the yearly tasks/scope of work is defined in Exhibit A attached thereto; and WHEREAS, Section 1 B ("Services by Consultant") of the Underlying Agreement provides that "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"; and WHEREAS, the Consultant and the City have conferred and agreed to extend the Underlying Agreement, update the Scope of Work, and provide for an increase in compensation; and WHEREAS, the parties wish to memorialize their agreement to so extend the Underlying Agreement; NOW, THEREFORE, In consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: 1. The Underlying Agreement of November 12, 2014 between the parties, is amended in, but only in, the following respects: A. Schedule of Work. The Scope of Work referenced in Section 2 and set forth in Exhibit A to the Underlying Agreement is hereby amended to include the additional scope of work outlined in the attached Exhibit A. B. Term of Agreement. Section 3 of the Underlying Agreement, which provides a termination date of December 31, 2019 is hereby amended to state that the termination date shall be December 31, 2023. C. Compensation. Section 4 of the Underlying Agreement, which includes a contract amount of Twenty -Six Thousand Six Hundred Forty Eight Dollars ($26,648.00), stated as an amount that shall not be exceeded, is hereby amended to include an additional not to exceed amount of Twenty Five Thousand Six Hundred Seventy Dollars ($25,670) for the additional scope of work and time identified in Exhibit A to this Amendment No. 1. As a result of this Amendment No. 1, the total contract amount is increased to a new not to exceed amount of Fifty -Two Thousand Three Hundred Eighteen Dollars ($52,318). 2. In all other respects, the Underlying Agreement between the parties shall remain in full force and effect, amended as set forth herein, but only as set forth herein. IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set forth above. CITY OF PORT ORCHARD, WASHINGTON Roberl Put suu, Mayor ATTEST/AUTHENTICATED: Brandy RinearsS4 MMC, City Clerk APPROVED AS TO FORM: Sharon Cates, City Attorney 1`� O �� Cs R tt '%�>''• /�'�'ccOF�WAS; 0� \" ASPECT CONSULTING, LLC Signature Cayla P. Pra)t-. e 6 Printed Name and Title EXHIBIT A As pect CONSULTING November 21, 2019 Mr. Mark Dorsey City of Port Orchard 216 Prospect Street Port Orchard, Washington 98366 Re: Proposal for Ongoing Groundwater Compliance Monitoring Marina Mart/Vlist Property, Port Orchard, WA Project No. 140310-001 Dear Mark: Aspect Consulting, LLC (Aspect) is pleased to present this proposal to the City of Port Orchard (City) for ongoing groundwater compliance monitoring at the former Marina MartNlist Property, located in Port Orchard, Washington (herein referred to as the Site). Aspect has been monitoring groundwater quality at the Site since 2014. Aspect was previously contracted by the City to provide environmental consulting services at the Site for five years, through 2019. At the request of the City, we have prepared this proposal to present the scope, cost, and schedule for annual groundwater monitoring and reporting for an additional four years, through 2023. Background and Coordination with Others Two Kitsap County tax parcels, located at 514 and 528 Bay Street, are currently operated by Vlist Motors for used car sales and service. These properties are defined as: Vlist Property - The property located at 514 Bay Street, which includes the Vlist Motors sales offices, three garage bays, and asphalt parking areas, was previously owned and operated by the City as a maintenance shop for City vehicles. Three underground storage tanks (USTs) were used by the City between approximately 1972 and 1990 for the storage and distribution of gasoline and diesel fuel. The USTs were temporarily closed -in -place in 1990 and removed in 1999. Marina Mart Property - The property located at 528 Bay Street is an asphalt parking lot and was previously a retail gasoline service station, known as the Marina Mart. Three USTs were formerly located on the Marina Mart Property. The USTs were removed in 1992. Remedial actions, that consisted of limited soil excavation on both properties, were conducted between 1999 and 2002. Environmental contractors working for Vlist Motors continue operating an in situ remediation system to treat groundwater on the Marina Mart Property. Groundwater has been monitored periodically on both properties since 2003. Groundwater on both properties contains gasoline -range petroleum hydrocarbons and benzene at concentrations that exceed the Washington State Model Toxics Control Act cleanup regulation (MTCA) Method A cleanup levels. Seven monitoring wells are located on the Vlist Property to monitor groundwater quality following soil cleanup activities conducted in 1999, 2001, and 2002. Two monitoring wells, installed by others in 2017, are located on the Marina Mart Property. The City is responsible for completing an annual groundwater monitoring and sampling event, typically during the first half of the year. Filco Company Inc. (Filco), an City of Port Orchard November 21, 2019 Project No. 140310-001 environmental consultant representing the owners of the former Marina Mart Property, completes compliance monitoring at the same nine monitoring wells during the second half of the year. Scope of Work The work will consist of annual groundwater monitoring, sampling, and reporting in 2020, 2021, 2022, and 2023. Each sampling event will include measurement of water levels and collection and analysis of groundwater samples from the nine wells, review of the data collected by Filco, and preparation of an annual groundwater data report. The schedule for the work will be coordinated with Filco so that the sampling events are completed two times per year and separated by approximately 6 months. Based on the 2019 sampling schedule, and communication with Filco, the 2020 sampling event will be conducted in June. Prior to sampling, the monitoring wells will be opened and the water level in each well will be measured using an electronic water level meter to the nearest 0.01-inch. Each well will be sampled using a peristaltic pump and dedicated tubing in accordance with standard U.S. Environmental Protection Agency (EPA) low -flow purge techniques. Upon stabilization, groundwater samples will be collected from each monitoring well for laboratory analysis of gasoline -range petroleum hydrocarbons by Northwest Method NWTPH-Gx and benzene, toluene, ethylbenzene and xylenes (BTEX) by EPA Method 8260C on standard laboratory turnaround times of 10 days. Purge water that is generated by the sampling will be temporarily stored on the Vlist Property in a 55-gallon steel drum pending receipt of the laboratory results. The cost estimate presented below includes the disposal of two drums of non -hazardous investigation -derived wastewater. Following receipt of the laboratory results each year, we will prepare a brief data report to summarize the results of the sampling event. The report will include a text summary of the field activities and results, summary tables of water level measurements and chemical data compared to the applicable MTCA Method A cleanup levels, a figure depicting the groundwater flow direction, and an evaluation of contaminant trends over time. If warranted, the report will include recommendations for modifications to the monitoring program. Schedule and Cost Estimate Groundwater sampling is estimated to occur in June of each year. However, this schedule may be modified based on the Filco sampling schedule. Any decisions regarding changes to the sampling schedule will be made in consultation with the City. The data report will be submitted to the City within 15 working days of receipt and validation of the final laboratory report. The cost estimate to perform the work described herein is provided in Table 1. Page 2 City of Port Orchard November 21, 2019 Project No. 140310-001 Table 1. Cost Estimate for Ongoing Compliance Groundwater Monitoring Task Name Labor Field Equipment Subcontractors Total Project Management & Communications $2,520 $0 $0 $2,520 2020 Sampling & Reporting $3,800 $275 $1,445 $5,520 2021 Sampling & Reporting $3,900 $300 $1,490 $5,690 2022 Sampling & Reporting $4,020 $325 $1,535 $5,880 2023 Sampling & Reporting $4,140 $340 $1,580 $6,060 Total $25,670 Closing The above Services will be billed on a time and materials basis in accordance with the attached Schedule of Charges. We will notify you and obtain your authorization if additional effort above and beyond the estimated scope of this work is required. We will use a Contract Change Form to request your authorization for any changes to the above description of Services. This cost proposal is valid for 90 days unless extended in writing by Aspect Consulting. Sincerely, Aspect consulting, LLC Carla E. Brock, LG Associate Geologist cbrock@aspectconsulting.com Doug Hillman, LHG Principal Hydrogeologist dhillmangaaspectconsulting.com Attachments: Schedule of Charges V\140310 Marina Mart\Contracts\Proposal Material\Proposal_2020 to 2023_20191121.docx Page 3 Aspect CONSULTING SCHEDULE OF CHARGES Effective January 2019 Unless otherwise stated in the proposal or services agreement, current rates are as follows: PERSONNEL CHARGES: ENGINEERS, SCIENTISTS, AND ANALYSTS Hourly Rate Principals and Associates Principal Scientist/Engineer/Analyst 2 $253 Principal Scientist/Engineer/Analyst 1 $239 Sr. Associate Scientist/Engineer/Analyst $221 Associate Scientist/Engineer/Analyst $207 Tech -r Professionals Senior Scientist/Engineer/Analyst 3 $207 Senior Scientist/Engineer/Analyst 2 $195 Senior Scientist/Engineer/Analyst 1 $182 Project Scientist/Engineer/Analyst 3 $167 Project Scientist/Engineer/Analyst 2 $155 Project Scientist/Engineer/Analyst 1 $145 Staff Scientist/Engineer/Analyst 3 $134 Staff Scientist/Engineer/Analyst 2 $121 Staff Scientist/Engineer/Analyst 1 $1 13 PERSONNEL CHARGES: TECHNICAL AND PROJECT SUPPORT STAFF Hourly Rate Field/Construction Staff Field/Construction Supervisor $124 Field Technician 2 $101 Field Technician 1 $94 Design, CAD, and Graphics Staff Engineering Designer $145 Sr. CAD Technician/Specialist $130 CAD Technician $115 Technical Editing and Project Operations Sr. Technical Editor $1 15 Technical Editor $104 Project Coordinator 2 Project Coordinator 1 PERSONNEL CHARGES: TECHNOLOGY AND SOFTWARE DEVELOPMENT Sr. Technology Project Manager Technology Project Manager Senior Software/Database Architect/Developer Software/Database Architect/Developer OTHER DISBURSEMENT CHARGES $98 $93 Hourly Rate $215 $200 $205 $180 Legal Testimony (4-hour minimum) $350/hr Mileage Federal Gov Rate Plus 157. Subcontractors and Miscellaneous Expenses Cost Plus 15% Other equipment, rentals, and expenses will be provided on a per job basis. Client acknowledges that Aspect will adjust the Schedule of Charges annually, and that the Agreement will remain valid for any and all annually adjusted Schedule of Charges.