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HomeMy WebLinkAboutPW09-070 - Amendment - #3 - Aspect Consulting, LLC - Landsburg Mine - 07/27/2011 s Records Maniagemefil KENT WASHINGTGN Document A64 CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed. If you have questions, please contact City Clerk's Office. Vendor Name: Aspect Consulting, LLC Vendor Number: ]D Edwards Number Contract Number: p(01)Q" pD This is assigned by City Clerk's Office Project Name: Landsburg Mine Description: ❑ Interlocal Agreement ❑ Change Order ® Amendment ❑ Contract ❑ Other: 3 Contract Effective Date: Date of Mayor's signature Termination Date: 7/31/12 Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Kelly Peterson Department: Engineering Detail: (i.e. address, location, parcel number, tax id, etc.): Continue to�rovide technical support regarding cleanup of the Landsburg Mine Site. c 1-IT 11 -- - ------ -_ S•Pub Ilc\RecordsManagement\Forms\Ccntractcover\adcc7632 1 11/08 KENT W/.S HINGTON AMENDMENT NO. 3 NAME OF CONSULTANT OR VENDOR: Aspect Consulting, LLC CONTRACT NAME & PROJECT NUMBER: Landsburg Mine ORIGINAL AGREEMENT DATE: March 31, 2009 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Continue to provide technical support regarding cleanup of the Landsburg Mine Site. For a description, see the Consultant's June 27, 2011 Scope of Work which is attached as Exhibit A and incorporated by this reference. 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $48,617.00 including applicable WSST Net Change by Previous Amendments $31,979.00 including applicable WSST Current Contract Amount $80,596.00 including all previous amendments Current Amendment Sum $18,516.00 Applicable WSST Tax on this $0 Amendment Revised Contract Sum $99,112.00 AMENDMENT - 1 OF 2 Original Time for Completion 6/30/10 (insert date) Revised Time for Completion under 12/31/10 prior Amendments (insert date) Add'I Days Required (±) for this 213 calendar days Amendment Revised Time for Completion July 31,2012 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied The parties whose names appear below swear under penalty of pegury that they are authorized to enter into this Amendment, which is binding on the parties of this contract IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: By-- By• �(s gnature (signature) Print Name• >f2� �ktilr� Pr t Na e zette Cooke Its 5y .4 It Ma or (title) (titl DATE. U DATE APPROVED AS TO FORM: (applicable if Mayor's signature required) '" N d 4 Kenj Law Department AspW Consulting tandsburg Nine Amd 3/Peterson AMENDMENT - 2 OF 2 EXHIBIT A %Aspect ,CONSULTING June 27, 2011 Mr. Tom Brubaker City Attorney City of Kent Law Department 220 Fourth Ave South Kent, Washington 98032-5895 Re: Proposal to Continue Technical Support Regarding Landsburg Mine Site Project No 090015-999 Dear Mr Brubaker: This proposal requests authorization to extend our technical support regarding cleanup of the Landsburg Mine Site(Site)and its potential to impact the City of Kent's Clark Springs water source and/or surrounding water resources Our role is to support the City of Kent(City)with objective technical and regulatory consultation as the Site proceeds in the MTCA cleanup process. Scope of Work Aspect Consulting will continue to provide the City with on-call technical and regulatory consultation pertaining to the Landsburg Mine Site cleanup process. For the purposes of this contract extension,we assume we will continue to provide the following general services as requested by the City • Review and provide written comments/opinions on documents or communications prepared by the PLP Group and/or Ecology regarding finalization of the cleanup action Consent Decree. We assume all of our written materials will be delivered to the City in electronic format; • Conduct limited independent technical analyses as a confirmatory check on work prepared by the PLP Group This could include analytical groundwater modeling, or other calculations or analyses; • Participate in project-related communications including an assumed 3 conference calls and 3 meetings with the City, and 2 meetings with the City and PLP Group and/or Ecology; and • Maintain regular communications with the City regarding project status,resolution of questions,or other issues that may arise. City of Kent June 27, 2011 Project No. 090015-999 Estimated Cost Our estimated cost to complete the scope of work described above is $18,516,as detailed in Table 1. The work will be billed on a time and materials basis in accordance with the attached schedule of charges. If the need arises, additional work orders under this project may be requested We appreciate the opportunity to continue our involvement in this project. Please contact me at 206-838-5830 if you have questions regarding this proposal. Sincerely, Aspect consulting Steve Germiat,LHG,CGWP Senior Associate Hydrogeologist sgermiat@aspectconsulting com Attachments: Table 1 —Estimated Cost for Contract Extension, Technical Support Regarding Landsburg Mine Site Aspect Consulting, LLC Schedule of Charges V\090015 Landsburg Mine SiteTontracts\Proposal MatenaWroposal for Extension Landsburg Mine June 2011 doe Page 2 « c00oGGm D ■ / 2 a « \/ \LomR a � & m o � & QQ\�G � » ■ ) £ ® C w _ m / tm 72 ® e m 2 o0 v ® ° 8@8m0 k � ) \/ & - gR , e &Q%QQ / c 7 @me2 & fm/ / 2 � / ) c,4 = c $ � J # Gq CL 04 c � ? : o c k # � o No v ° � r 0 k � 0 e � m29cR \ ƒ & @ ) § tn ° k S f / 0 k 0 U CD \ 02 0 / § CL co I 2 DZ = § � \ \ \ /\ \ o ) e erg ) i ml0 , K f w E m(D 7 ;om - e0E § ) \\ \ / § ] ■ jD ==, CL f20 08 \ \ \ /\/} (\ > < a > Effective January 2011 ASPECT CONSULTING, LLC SCHEDULE OF CHARGES Unless otherwise stated in the proposal or services agreement,current rates are as follows: Personnel Charges—Engineers and Scientists Principal................... ............................................................$173.00 to $180 00/hour Sr. Consultant.........................................................................$170.00/hour Sr.Associate ......................................................................$160.00/hour Associate................................................................................$150.00/hour Senior .. ....................................................... .... ....... . .... . $130.00/hour Sr Project.. .......................................................... ...............$120.00/hour Project.............. .....................................................................$109.00/hour SrStaff......................... ... ......................................................$95.00/hour Staff. . .................... .. ..............................................................$83.00/hour Legal Testimony(4-hour minimum)......................................$300.00/hour Other Personnel and Disbursement Charges Sr GIS/CAD Specialist...... ... ............................................. ..$92 00/hour GIS/CAD Specialist ........................................................... $82 00/hour Project Assistant.... .. ... ................................................ . $68 00/hour Four-wheel Drive Field Vehicle. .............................................$95.00/day(w/up to 100 miles) Mileage. .... ........... . . .. ......................................federal gov't rate plus 15% Subcontractors and Miscellaneous Expenses..........................cost plus 15% Reproduction(B&W) .. ..............$0.15/sheet ... . . .. ................ Oversize Reproduction(B&W, out of house)...................... cost plus 15% Color Copies/CAD/GIS Plots 8 5x11 .................................................................................. .$0.75/Page llxl7 ...................... ............................................... .............$1.25/Page Oversize.......... .... ........................... ......................................$2.00/Sq.Ft Other equipment rental and expenses will be provided on a per job basis. Ro® CERTIFICATE OF LIABILITY INSURANCE OP ID SR DATE(MM/DDYYIY) ASPEC-1 11/04/10 PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Sprague Israel Giles HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ')l Fourth Avenue, Suite 2000 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. attle WA 98101-1637 one: 206-623-7035 Fax:206-682-W E AFFORDING COVERAGE NAIC# INSURED i A Endurance Amerlcan Specnalty 41718 �-I,p � SURER B Asect Consulting, LLC �40 �� URERC 17z3pp Madrone Lane North INSURER D Bainbridge Island WA 98110 COVERAGES ;zE IN(-, P THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDI,ION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS SR ADD'LPOLICY NUMBER LIC EFFE I E P I Y EXPIRATION LIMITS LTR NSR TYPE OF INSURANCE DATE(MM/DD/YYYY DATE(MM/DD/YWY GENERAL LIABILITY EACH OCCURRENCE $2,000,000 A X X COMMERCIAL GENERAL LIABILITY ECC101011366-00 11/01/10 11/01/11 PREMISES(Eaocmic"curence) $ 50,000 CLAIMS MADE Fx-1 OCCUR MED EXP(Anyone person) $5,On 0 PERSONAL&ADV INJURY $2,000,000 GENERAL AGGREGATE $2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER PRODUCTS-COMP/OP AGG s2,000,000 POLICYPRO LOC EJECT AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO THIS (Ea accident) $ ALL OWNED AUTOS TS CONTRACT IS REC:1S('FRT;L) AND EI.1`'Enl'f)AS A SURPLUS LIN,"OLTP.HGF -TAJDER'17tF 71JSI7RAh10E CO E BODILY INJURY S $ SCHEDULED AUTOS OF THE STATF OF WASHINGTON,ENA TED i N 1947 IT IS (Per person) HIRED AUTOS NOT ISSUED BY A COMPANY REGUL D BY THE WAS CM2, BODILY INJURY NON-OWNEDAUTOS STATE I�NSURANCF COMMISSIONER AND IS NOT PR (Per accident) $ Ity W r WASHINGTON STATE OU Y FUND LAW. PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EAACC j$ AUTO ONLY AGG $ EXCESS UMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE AGGREGATE $ $ DEDUCTIBLE $ RETENTION $ $ WORKERS COMPENSATION SIA AND EMPLOYERS'LIABILITY YIN TORY LIMITS X I ER A ANY PROPRIETOR'PARTNERfEXECUTIVEr—I� ECC101011366-00 11/01/10 11/01/11 EL EACHACCIDENT $ 1,000,000 OFFICER/MEMBER EXCLUDED? ' r (Mandatory in NH) I--� yM STOn GAP 1E, DISEASE EAEMPLOYEE $ 1,000,000 11 yes,describe under SPECIAL PROVISIONS below E L DISEASE-POLICY LIMIT $ 1,000,000 OTHER A Professional Laab ECC101011366-00 11/01/10 11/01/11 Ea Claim 5,000,000 Pollution Liab I Total Clm 5,000,000 DESCRIPTION OF OPERATIONS/LOCATIONS f VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS The City of Kent a-s additional insured with respects liability arising out of operations by or on behalf of the Named Insured for General Liability per form FEI-318-ECC. Insurance is Primary per form FEI-548-ECC attached Contract #090015 CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF,THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,BUT FAILURE TO DO SO SHALL IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE INSURER,ITS AGENTS OR City of Kent Attn: Nancy Yoshitake REPRESENTATIVES 400 West Gowe AUTHORIZED REPRESENTATI E (Kent WA 98032 ACORD 25(2009101) ©1988-200 ACORD CORPORATION All rights reserved The ACORD name and logo are registered marks of ACORD IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s) DISCLAIMER This Certificate of Insurance does not constitute a contract between the issuing insurer(s), authorized representative or producer, and the certificate holder, nor does it affirmatively or negatively amend, extend or alter the coverage afforded by the policies listed thereon ACORD 25(2009101) Aspect Consulting LLC AUTOMATIC ADDITIONAL INSURED - OWNERS, LESSEES OR CONTRACTORS This endorsement, effective 11/01/10 attaches to and forms a part of Policy Number ECC101011366-00 This endorsement changes the Policy Please read it carefully. This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART CONTRACTORS POLLUTION LIABILITY COVERAGE PART SCHEDULE Name of Person or Organization. Any person(s)or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured However, this status exists only for the project specified in that contract. Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to name as an additional insured However, this status exists only for the project specified in that contract. The person or organization shown in this Schedule is included as an insured, but only with respect to that person(s or organization's vicarious liability arising out of your ongoing operations performed for that insured. FEI-319-ECC-0708 Aspect Consulting, LLC AUTOMATIC PRIMARY AND NON-CONTRIBUTORY INSURANCE ENDORSEMENT - DESIGNATED WORK OR PROJECT(S) This endorsement, effective 11/1/10 attaches to and forms a part of Policy Number ECC101011366-00 This endorsement changes the Policy Please read it carefully SCHEDULE Name of Person or Organization Any person(s) or organization(s) whom the Named Insured agrees, in a written contract, to provide Primary and/or Non-contributory status of this insurance However, this status exists only for the project specified in that contract. In consideration of an additional premium of Applied , and notwithstanding anything contained in this policy to the contrary, it is hereby agreed that this policy shall be considered primary to any similar insurance held by third parties in respect to work performed by you under any written contractual agreement with such third party It is further agreed that any other insurance which the person(s) or organization(s) named in the schedule may have is excess and non- contributory to this insurance. FEI-548-ECC-0708 REQUEST FOR MAYOR'S SIGNATURE • Please FIII in All Applicable Boxes KENO W RSHINGTON This form must he printed on cherry paper Routing Information (ALL REQUESTS MUST FIRST BE ROUTED THROUGH THE LAW DEPARTMENT) Originator Kelly Peterson Phone (Originator) 5547 Date Sent -411)6/1l Date Required 9/im Return Signed Document to Nancy Yoshitake CONTRACT TERMINATION DATE: 7/31/12 VENDOR NAME: Aspect Consulting, LLC DATE OF COUNCIL APPROVAL: 7/19/11 Brief Fxplanation of Document The attached Amendment No 3 to the Landsburg Mine Agreement is necessary so the consultant can continue to provide technical support regarding the cleanup of the Landsburg Mine site For a summary, see the attached prepared by Kelly Peterson All Contracts Must Be Routed Through the Law Department (This Area to be Completed By the Law Department) Received FIECENED Approval of Law Dept • 2 5 2011 Law Dept. Comments. �. WNT ►.AVV DEPT. RECEIVED Date Forwarded to Mayor Shaded Areas to Be Completed by Administration Staff r+ f Received- office of the Mayor Recommendations & CommentsIl Q 4! El i DispositionL 2 2011 A CiTy 3F AUJ- Date Returned: LI°Y C `,r, lage5870_templatebase • 2/07