HomeMy WebLinkAbout_ Aquatechnex llc 6113 Contract Modification no. 4 220307 1Page 1 of 4 Contract Modification Rev. 09/2021
CONTRACT MODIFICATION AGREEMENT NO. 04 BETWEEN THE CITY OF BREMERTON AND AQUATECHNEX LLC PROJECT Phoslock Treatment of Kitsap Lake CONSULTANT AquaTechnex LLC DATE ________________ THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Phoslock Treatment of Kitsap Lake AGREEMENT (the “Contract”) entered into between the City of Bremerton and AquaTechnex LLC on May 20th, 2020 and as modified on August 11, 2020, and May 14, 2021, as contract number 6113. 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 2022 Scope of Work attached as Exhibit A for Kitsap Lake clean-up Section II. Term , is modified as follows:
No Change.
Section III. Compensation , is modified as follows: The original contract amount was $205,692.00). The current contract amount, including all previous amendments is Three Hundred Ninety Thousand Five Hundred Seventy-One Dollars
and twenty-five cents ($ 390,571.25)] The City shall pay the Consultant for the additional work
described above, based on time and materials, an amount not to exceed One hundred Seventy-five thousand Dollars ($175,000 .00) for a total amended contract amount of Five Hundred Sixty-five Thousand and Five Hundred Seventy-one Dollars and twenty-five cents ($565,571.25), including this Contract Modification.
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.
DocuSign Envelope ID: 78ABC8F8-0C14-4743-A8D6-4D59E1FC1138
Page 2 of 4 Contract Modification Rev. 09/2021
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. 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: Print Name: Its: Its: Date: Date:
APPROVED AS TO FORM: ATTEST: By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
DocuSign Envelope ID: 78ABC8F8-0C14-4743-A8D6-4D59E1FC1138
4/8/2022
4/14/2022
Manager
Terrance McNabb Greg Wheeler
Mayor
4/14/2022
Page 3 of 4 Contract Modification Rev. 09/2021
EXHIBIT A 2022 Scope of Work Phoslock Treatment Application:
• In May, apply Phoslock to the entire lake to sequester free reactive phosphorus at a dose determined by analyzed samples. The City will collect lake samples and provide results
for free reactive phosphorus levels below 10ug/l that will be used to determine dosage needs. The city will continue follow-up phosphorus monitoring through early October to track effectiveness of the application. A second dose deep water application will occur late July or early August to sequester phosphorus levels below the thermocline, as verified by samples, to prevent a late summer algae bloom.
Herbicide Application:
• Repeat the shoreline noxious emergent vegetation treatment program and retreat areas where there is new growth of invasive aquatic and shoreline species. These areas will be
treated with Clearcast which is approved in the Ecology issued NPDES Permit.
Aquatic Vegetation Harvesting:
• Excessive submerged aquatic vegetation growth will be harvested along the shoreline
around the entire lake, except for Bull Rush which is outside of the scope of work.
AquaTechnex will provide an aquatic weed harvesting system with operators to cut vegetation as directed by City staff. The City will determine the number of days this option will be funded from this budget.
Compliance with all requirements of the NPDES Aquatic Permit is the sole responsibility of
AquaTechnex LLC. Public notifications for treatment activities will be completed as required and in accordance with Permit timelines and areas. Cost Schedule
Item Timeline and comments Budget
NPDES Permitting When Ecology Bills, estimated
and will provide exact cost
when they do
$750.00
Perform water sampling and
treatment planning
April 2021 $2,000.00
Phoslock Budget Proposed budget for First
Phoslock treatment, will have to
be based on conditions in the
lake driven by sampling
$80,000.00
Aquatic Weed Harvesting
Budget
Daily rate for aquatic weed
harvester is $2,100.00.
Mobilization is $2,500.00
$40,000.00
Second potential Phoslock
Treatment for deep water
zones
July/August if determined is
needed, budget unknown
$35,000.00
DocuSign Envelope ID: 78ABC8F8-0C14-4743-A8D6-4D59E1FC1138
Page 4 of 4 Contract Modification Rev. 09/2021
Shoreline emergent noxious
weed treatment work
August $2,500.00
Subtotal $160,250.00
Sales Tax $14,422.50
Total $174,672.50
DocuSign Envelope ID: 78ABC8F8-0C14-4743-A8D6-4D59E1FC1138