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001-15 - Aspect Consulting, LLC - Contract Amendment 2DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Page 1 of 7 CITY OF PORT ORCHARD Authorization for Amendment No. 2 Date: December 19, 2023 Consultant: Aspect Consulting, LLC Project: Marina Apart/Viist Prgperty 42012"d Avenue South, Suite 201 Environmental Services Seattle, WA 98104 Contract / Job # Co01-is This Amendment Authorizes the following changes to the Agreement, Section 1 A. of the Agreement is hereby amended to read as follows: Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" (as revised), The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City, Section 3 of the Agreement is hereby amended to read as follows: This Agreement shall commence on January 1, 2015 ("Commencement Date") and shall terminate December 31, 2025 unless extended or terminated in writing as provided herein. Section 4 of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $75,218, inclusive of all amounts paid prior to the execution of Amendment No. 2 to this Agreement, without written Authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit A and B (as revised). 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. Agreement History Amount Sales Tax Total Date ApPvd b Original Agreement $26,648,00 $0.00 $26,648,00 12-Nov-141 _ Council Amendment #1 $25,670,00, $0,00 $25,670,00 29-Dec-19 Mayor _ Amendment #2 $22,1900.001 $0.00 $22,900.00 19-Dec-23 Council Total Agreement $75,218.00 $0,00 $75,218,00 have reviewed the Amendment information above and certify that to the best of my kno&ledge descriptions and cos s are tru�ccu rate. ,�QQ Contractor ApppprrovallSignature CA-9-Lk T sJU1-ur, �IWIdy�diJ Printed Name & Title Public Works Contracts Greater than $35 000: Change Orders that do not exceed 10%, with a �n ximu of SKQQQ, of either legally authorized budget limit or contract amount established by City Council can be approved by the Public Works Director. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. $50,000-$100,000 require (Mayoral Approval, $100,000 and over require Council Approval. Publ Mprkg ton3racta under.$0�,g0g, change orders that individually do not exceed $7,500 with an aggregate cap of $10,000, Public Works Contracts lanbud egged and under 57.600s All Change Orders that do not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there are departmental funds available in the budget. All Departments;, Mayor approves any and all Change orders that do not exceed 10% of either authorized budget limit or contract amount established by City Council. With a maximum aggregate amount of $100,000. Total Contract Amount shall reset to reflect new Council -approved contract totals authorized prior to the requested change order. Any individual Change order that is over $100,000 requires Council approval, p7r,�� - OR Pub s Director Docusibti: Name }�b� � W AbtAil,SIA� Approved: DocuSigned by Mayor Attest; bba"� 12/19/2023 City Clerk Council Approval Date DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Page 2 of 7 Amendment No. 2 to Contract No. 001-15 CITY OF PORT ORCHARD PROFESSIONAL SERVICES AGREEMENT WITH Aspect Consulting, LLC THIS AMENDMENT No. 2 to Contract No. 001-15 ("Amendment") is entered into between the City of Port Orchard, a Washington municipal corporation ("City" or "Port Orchard") and Aspect Consulting, LLC, a Washington limited liability company ("Consultant"). City and Consultant are each a "Party" and together "Parties" to this Amendment. RECITALS: WHEREAS, on the November 12, 2014, the City executed a Professional Services Agreement for the provision of Marina Mart/Vlist Property Environmental Services with the Consultant ("Underlying Agreement"); and WHEREAS, on December 19, 2019, Amendment No. 1 was approved, which extended the duration of the Agreement to December 31, 2023, updated the scope, and increased the compensation. WHEREAS, Section iB ("Terms") 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 City requires continued environmental services for the Marina Mart Vlist Property; and WHEREAS, the Consultant and the City have conferred and agreed to extend the Underlying Agreement, update the Scope of Work and 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: SECOND AMENDMENT TO AGREEMENT: 1. Amendment. Section 1 A. of the Agreement is hereby amended to read as follows: Consultant shall perform the services described in the Scope of Work attached to this Agreement as Exhibit "A" (as revised). The services performed by the Consultant shall not exceed the Scope of Work without prior written authorization from the City. Section 3 of the Agreement is hereby amended to read as follows: This Agreement shall commence on January 1, 2015 ("Commencement Date") and shall terminate December 31, 2025 unless Amendment No. 2 to Agreement between City of Port Orchard and Aspect Consulting, LLC Contract No. 001-15 Updated 4/2022 IBDR DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Page 3 of 7 extended or terminated in writing as provided herein. Section 4 of the Agreement is hereby amended to read as follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $75,218, inclusive of all amounts paid prior to the execution of Amendment No. 2 to this Agreement, without written Authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit A and B (as revised). 2. Severability. The provisions of this Amendment are declared to be severable. If any provision of this Amendment is, for any reason, held to be invalid or unconstitutional by a coup: of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other provision. 3. Entire Agreement. The written provisions and terms of this Amendment shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as modified by this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 4. Effective date. This Amendment shall be effective as of December 19, 2023. DATED this 19th day of December 2023. CITY OF PORT ORCHARD, WASHINGTON DocuSigned by: �� In.1GlA.bt,SIA.U. E3F584 t ... Robert Putaansuu, Mayor AUTHENTICATED: Brandy Wallace, MMC, City Clerk /RGMW $ TO FORM: Charlotte A. Archer, City Attorney CONSULTANT bv&�� Signature COLAt-.BfXq 1'7Jr?N'9(4pA0GG)1b61&T Printed Name and Title Amendment No. 2 to Agreement between City of Port Orchard and Aspect Consulting, LLC Contract No. 001-15 Updated 4/2022 IBDR DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Exhibit A Page 4 of 7 As ect p A Geosyntec Company November 30, 2023 Mr. Denis Ryan 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. AS140310A Dear Denis: Aspect Consulting (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 and was previously contracted by the City to provide environmental consulting services at the Site through 2023. At your request, we have prepared this proposal to present the scope, cost, and schedule for annual groundwater monitoring and reporting for an additional 2 years, through 2025. 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, consisting 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 environmental consultant DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Page 5 of 7 City of Port Orchard November 30, 2023 Project No. AS140310A 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 2024 and 2025. 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 the sampling events are completed two times per year and separated by approximately 6 months. Based on the 2023 sampling schedule, and communication with Filco, the 2024 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 inches. 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 nonhazardous investigation -derived wastewater. Following receipt of the laboratory results each year, we will prepare a 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 now 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 DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Page 6 of 7 City of Port Orchard November 30, 2023 Project No. AS140310A Table 1. Cost Estimate for Ongoing Compliance Groundwater Monitoring Task Name Labor Field Equipment Subcontractors Total Project Management & Communications $3,120 $0 $0 $3,120 2024 Sampling & Reporting $7,540 $560 $1,790 $9,890 2025 Sampling & Reporting $7,540 $560 $1,790 $9,890 Total $22,900 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 401d, CdVV' Hannah Cohen, LG Project Geologist hannah.cohen@asp%tconsulting.com Carla Brock, LHG Principal Geologist carla.brock@aspectconsulting.com Attachments: Schedule of Charges V:\140310 Marina Mart\Contracts\Proposal Material\Proposal_2024 to 2025_2023.11.30_140310.docx Page 3 DocuSign Envelope ID: A5C89BF9-A624-49F0-89D6-F7C2B7E98DBA Exhibit B Page 7 of 7 CONFIDENTIAL ASPECT CONSULTING 2024 U.S. RATE SCHEDULE (All Values are in $USD) Staff Professional $150 Senior Staff Professional $170 Professional $195 Project Professional $220 Senior Professional $255 Principal $285 Senior Principal $315 Technician I $ 85 Technician II $ 95 Senior Technician I $100 Senior Technician II $110 Site Manager I $125 Site Manager II $135 Construction Manager I $145 Construction Manager II $155 Senior Designer $200 Designer $165 Senior Drafter/Senior CADD Operator $155 Drafter/CADD Operator/Artist $135 Project Administrator $100 Clerical $ 75 Direct Expenses Cost plus 15% Subcontract Services Cost plus 15% Specialized Computer Applications (per hour) $ 15 Personal Automobile (per mile) Current Gov't Rate Plus 15% Photocopies (per page) $ .09 Rates are provided on a confidential basis and are client and project specific. Unless otherwise agreed, rates will be adjusted annually based on a minimum of the Producer Price Index for Engineering Services. Rates for field equipment, health and safety equipment, and graphical supplies presented upon request. Construction management fee presented upon request. US 2024 ASPECT