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HomeMy WebLinkAboutCM no. 3 Phoslockvegetationcontrol210405 phoslockPage 1 of 4 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION AGREEMENT NO. 3 BETWEEN THE CITY OF BREMERTON AND AQUATECHNEX LLC. PROJECT Phoslock Treatment of Kitsap Lake CONSULTANT AquaTechnex LLC. DATE 3/24/2021 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 8/11/2020, contract number 6113. Although titled “Contract Modification Agreement NO. 3,” this is the second amendment to this Contract. 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: Scope of work for this contract is defined each year beginning in 2020 and running through 2022, based on the needs of Kitsap Lake to control algae, eliminate invasive aquatic vegetation, and harvest excess aquatic vegetation. The 2021 Scope of Work includes the application of Phoslock and herbicide in conjunction with harvesting of excessive aquatic vegetation to accomplish this goal. See 2021 Scope of Work attached as Exhibit A. A future Contract Modification is anticipated for additional Kitsap Lake water quality treatment in 2022. Section II. Term , is modified as follows: The Consultant shall complete the work described in the 2021 Scope of Work by December 31st, 2021. The term of this contract is extended to December 31, 2022. Section III. Compensation , is modified as follows: The original contract amount was $205,692. The current contract amount, including all previous amendments, is $235,571.25. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $155,000 for a total amended contract amount of $390,571.25, 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 DocuSign Envelope ID: CA29D564-F9FE-4315-9507-20979BADA5C6 DocuSign Envelope ID: CA29D564-F9FE-4315-9507-20979BADA5C6 5/13/2021 5/14/2021 Page 3 of 4 Contract Modification Rev. 10/2019 EXHIBIT A 2021 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 provide follow-up phosphorus monitoring through early October to track effectiveness of the application. Consider a second dose over deep water sites in late summer, to eliminate phosphorus levels below the thermocline, if it is elevated, which could cause an 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. This will include obtaining coverage under the emergent noxious weed NPDES Permit, posting as required, and treatment of plants on the state noxious weed list as located. Aquatic Vegetation Harvesting: •Excessive 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 the City staff. The City will determine the number of days this option will consume from the annual 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 Estimated cost for NPDES Permit renewal $750 Perform water sampling and treatment planning April 2021 $2,000 Phoslock Budget Proposed budget for first Phoslock treatment, will have to be based on conditions in the lake driven by sampling $90,000 Aquatic Weed Harvesting Budget Daily rate for aquatic weed harvester is $1,950.00. Mobilization is $2,500.00 $45,000 Second potential Phoslock Treatment for deep water zones August, if testing determines it is needed. Will complete DocuSign Envelope ID: CA29D564-F9FE-4315-9507-20979BADA5C6 Page 4 of 4 Contract Modification Rev. 10/2019 contract modification and budget adjustment. Shoreline emergent noxious weed treatment work August $2,500 Subtotal $135,250 Contingency $14,750 Total $155,000 DocuSign Envelope ID: CA29D564-F9FE-4315-9507-20979BADA5C6