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HomeMy WebLinkAbout1 - Original Submission_ PUCA Contract 6052 Mod# 002Page 1 of 3 Contract Modification Rev. 10/2019 CONTRACT MODIFICATION NO. #002 to CITY CONTRACT # 6052 BETWEEN THE CITY OF BREMERTON, MCCORMICK COMMUNITIES LLC, and RV ASSOCIATES PROJECT Public Utilities Construction Agreement between the City of Bremerton, a first- class municipal corporation of the State of Washington (“City”), McCormick Communities LLC (‘Owner’), and RV Associates, the Owners’ contractor (“Contractor”). OWNER: McCormick Communities LLC CONTRACTOR: RV Associates DATE May 11, 2021 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE AGREEMENT (the "Contract") entered into between the City of Bremerton and McCormick Communities LLC and RV Associates on December 12, 2019 and modified on October 19, 2020 (CM#001). 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: No Change Section II. Term , is modified as follows: The Owner and Contractor shall complete the work described in this Contract Modification Agreement as follows: Design Submitted to the City extended to June 12, 2022; Construction to commence within 90 days of issuance of Project Permit and be complete within twelve (12) months of permit issuance. Section III. Compensation , is modified as follows: No Change II. Owner and Contractor accept all requirements of this Contract Modification by endorsing below. Owner and Contractor 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 DocuSign Envelope ID: 500C0549-F309-4D99-B043-3E8E0B176DF4 Page 2 of 3 Contract Modification Rev. 10/2019 lost profits. This Contract Modification does not limit the City’s right to bring a claim for past performance. The undersigned Owner and Contractor approve 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) MCCORMICK COMMUNITIES LLC THE CITY OF BREMERTON By: By: Print Name: Print Name: Greg Wheeler________ Its: Its: Mayor_____________________ Date: Date: RV ASSOCIATES By:___________________________ Print Name: Its: ________________________ Date: ________________________ APPROVED AS TO FORM: ATTEST: By: By: ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk Ned Lever Digitally signed by Ned Lever DN: C=US, E=ned.lever@ci.bremerton.wa.us, O=City of Bremerton, OU=Engineering, CN=Ned Lever Date: 2021.05.18 11:53:33-07'00' DocuSign Envelope ID: 500C0549-F309-4D99-B043-3E8E0B176DF4 5/25/2021 Manager Eric Campbell Vice President Robert Lumsden 5/28/2021 5/28/2021 Page 3 of 3 Contract Modification Rev. 10/2019 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: OWNER: McCormick Development Corp ATTN: Vicki Grover ATTN Eric Campbell City of Bremerton Engineering 12332 NE 115th Place 3456th Street Suite 100 Kirkland, WA 98033 Bremerton, WA 98337 eric@mspgroupllc.com 360-473-5285 OWNER: McCormick Development Corp ATTN Nick Tosti 805 Kirkland Avenue Suite 200 Kirkland, WA 98033 nicktosti@gmail.com CONTRACTOR: RV Associates 1333 Lloyd Parkway Port Orchard, WA 98367 360-876-9737 robl@rvassociates.com R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 10 2019.docx DocuSign Envelope ID: 500C0549-F309-4D99-B043-3E8E0B176DF4