HomeMy WebLinkAbout5862PROFESSIONAL SERVICES AGREEMENT
Stormwater Comprehensive Plan Preparation
The City of Bremerton ("City") and Struck Environmental Services, Inc ("Consultant"),
referred to collectively as the "Parties," enter into the following Agreement for professional
services:
I. Scope: The Consultant agrees to perform the services more specifically described in the
Scope of Work, dated August 8`h, 2018, including any attachments thereto, attached hereto as
Exhibit A, which is incorporated by reference herein. The Scope of Work may be modified only
pursuant to Section VII.H of this Agreement. If the Scope of Work provides for unspecified
additional services such services shall only be performed upon the express written request of the
City. Consultant further represents that the services furnished under this Agreement will be
performed in accordance with generally accepted professional practices in effect at the time such
services are performed.
II. Term: The City and the Consultant agree that work will begin on the tasks described in
Exhibit A immediately upon execution of this Agreement. The parties agree that the work
described in Exhibit A is to be completed as provided for in Task 5: Project Management in the
Scope of Work, but no later than December 31, 2018; provided however, that additional time shall
be granted by the City for excusable delays or extra work as provided for in Section IX.A of this
agreement.
III. Compensation: In consideration of the services provided pursuant to this Agreement, the
City shall pay Consultant in an amount not to exceed $24,900. Consultant's charges and bills shall
conform to the fee schedule attached hereto as Exhibit B and incorporated herein by this reference.
The Consultant shall submit regular billing statements detailing work performed and
amount charged on each task or portion thereof. The descriptions shall conform to and fall within
the categories set out in the Scope of Work and/or Fee Schedule. Upon receipt of a conforming
billing statement, the City shall promptly process payment. PROVIDED, HOWEVER, the City
reserves the right to prioritize scoped work and accelerate and/or delay work tasks under the time
frame set forth in Section II herein. The Consultant's labor rates and billing fees shall be as
delineated in Exhibit B.
Consultant shall not perform work beyond the Scope of Work, nor shall be compensated
for such work, unless the Scope of Work or amount of compensation is modified pursuant to this
Agreement. Consultant shall only be compensated for additional services if requested pursuant to
Section I and, if not otherwise provided, such compensation shall be in accordance with Exhibit
B.
If a billing statement does not conform to this Agreement, the City may withhold payment
until the statement is brought into compliance. Such withholding does not relieve Consultant of
its obligations under this Agreement.
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Bremerton/ Struck Environmental Inc.
Stormwater. Comprehensive Plan Preparation
Rev. 07/2018
IV. Relationship of Parties: Consultant represents that it is skilled in the matters addressed
in the Scope of Work and is performing independent functions and responsibilities within its field
of expertise. Consultant and its personnel are independent Consultants and not employees of the
City. Consultant and its personnel have no authority to bind the City or to control the City's
employees and other Consultants. None of the benefits provided by the City to its employees,
including, but not limited to, compensation, insurance, and unemployment insurance are available
from the City to the employees, agents, representatives, or sub -consultants of the Consultant.
Consultant will be solely and entirely responsible for its acts and for the acts of Consultant's agents,
employees, representatives, and sub -consultants during the performance of this Agreement. The
City may, during the term of this Agreement, engage other independent Consultants to perform
the same or similar work.
As an independent Consultant, Consultant is responsible for its own management. The
City's administration and enforcement of this Agreement shall not be deemed an exercise of
managerial control over Consultant or its personnel.
As an independent Consultant, Consultant is responsible for payment of all taxes and
licensing fees necessary to perform its obligations under this Agreement. These taxes and fees
include but are not limited to State industrial insurance, Business & Occupation, State professional
licensing, and City business licensing. If any taxes or fees due the City have been declared
delinquent, the City may withhold the delinquent amount, plus any additional charges arising from
the delinquency, from any payments due Consultant.
V. Indemnification:
A. Consultant shall defend, indemnify and hold the City, its officers, officials,
employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or
suits, including all legal costs and attorney fees, arising out of or in connection with the
performance of this Agreement except for that portion of the injuries and damages caused by the
City's sole negligence, unless Consultant is conducting work pursuant to Subsection B below.
The City's review or acceptance of any of the work when completed shall not be grounds
to avoid any of these covenants of indemnification.
B. Architects, Engineers, and Any Other Professional Listed In and Performing
Services Defined in RCW 4.24.115. Should a court of competent jurisdiction determine that
Consultant's services provided pursuant to this Agreement is subject to RCW 4.24.115, then, in
the event of liability for damages arising out of bodily injury to persons or damages to property
caused by or resulting from the concurrent negligence of the Consultant and the City, its officers,
officials, employees, agents and volunteers, the Consultant's liability hereunder shall be only to
the extent of the Consultant's negligence.
IT IS FURTHER SPECIFICALLY AND EXPRESSLY UNDERSTOOD THAT THE
INDEMNIFICATION PROVIDED HEREIN CONSTITUTES THE CONSULTANT'S WAIVER
OF IMMUNITY UNDER INDUSTRIAL INSURANCE, TITLE 51 RCW, SOLELY FOR THE
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Bremerton/ Struck Environmental Inc.
Stormwater Comprehensive Plan Preparation
Rev. 07/2018
PURPOSES OF THIS INDEMNIFICATION. THE PARTIES FURTHER ACKNOWLEDGE
THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER.
The provisions of this section shall survive the expiration or termination of this Agreement.
VI. Insurance: The Consultant shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Consultant, its agents,
representatives, employees, sub -consultants or sub -contractors.
Before beginning work on the project described in this Agreement, the Consultant shall
provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined
single limit per accident for bodily injury and property damage; and
2. Commercial General Liability insurance written on an occurrence basis with
limits no less than $1,000,000 combined single limit per occurrence and general
aggregate for personal injury, bodily injury and property damage. Coverage shall
include but not be limited to: blanket contractual; products/completed
operationsibroad form property damage; explosion, collapse and underground
(XCU) if applicable; and
3. Professional Liability insurance with limits no less than $1,000,000 limit per
occurrence/claim; and
Any payment of deductible or self-insured retention shall be the sole responsibility of the
Consultant.
All required policies shall be provided on an "occurrence" basis except professional
liability insurance (if required), which may be provided on a "claims -made" basis.
The City shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a copy of an
endorsement that is acceptable to the City, which names the City as an additional insured shall be
attached to the Certificate of Insurance. The City reserves the right to receive a certified copy of
all the required insurance policies and endorsements. The City further reserves the right to reject
any unacceptable policies and/or endorsements.
The Consultant's Commercial General Liability insurance shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or suit is brought,
except with respects to the limits of the insurer's liability.
The Consultant's insurance shall be primary and non-contributory insurance as respects the
City and shall contain a waiver of subrogation against the City for claims arising out of any
operations, liabilities, and obligations to which coverage applies. It shall be an affirmative
obligation upon Consultant to advise the City's Risk Manager by fax at (360) 473-5161, or by
certified mail, return receipt requested to City of Bremerton, Attn: Risk Management, 345 6'"
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Bremerton/ Struck Environmental Inc.
Stormwater Comprehensive Plan Preparation
Rev. 07/2018
Street, Suite 100, Bremerton, WA 98337 within two days of the cancellation, suspension or
substantive change of any insurance policy set out herein, and failure to do so shall be construed
to be a breach of this Agreement.
The City also reserves its unqualified right to require at any time and for any reason, proof
of coverage in the form of a duplicate of the insurance policy with all endorsements as evidence
of coverage.
VII. General Conditions:
A. Reports and Information: When requested by the City, Consultant shall furnish
periodic reports and documents on matters covered by this Agreement. The reports and documents
shall be furnished in the time and form requested. Consultant shall maintain accounting records
in accordance with Generally Accepted Accounting Principles ("GAAP") to substantiate all billed
amounts.
B. Ownership and Use of Records and Documents: Original documents, drawings,
designs and reports, including those in electronic format, developed under this Agreement are the
property of the City. All written information submitted by the City to the Consultant in connection
with the services performed by the Consultant under this Agreement will be safeguarded by the
Consultant to at least the same extent as the Consultant safeguards like information relating to its
own business. If such information is publicly available or is already in Consultant's possession or
known to it, or is rightfully obtained by the Consultant from third parties, Consultant shall bear no
responsibility for its disclosure, inadvertent or otherwise.
All data, documents and files created by Consultant under this Agreement may be stored
at Consultant's office in Poulsbo, Washington. Consultant shall make such data, documents, and
files available to the City upon its request at all reasonable times for the purpose of editing,
modifying and updating as necessary until such time as the City is capable of storing such
information in the City's offices. Duplicate copies of this information shall be provided to the City
upon its request, and at reasonable cost.
All documents, including all reports, drawings, specifications, computer software or other
items prepared or furnished by Consultant pursuant to this Agreement, are instruments of service
with respect to the project and are the property of the City. Any reuse by the City for other than
the specific purpose intended will be at City's sole risk.
C. Use of Photographs and Images. Consultant shall not use or distribute photographs
or images depicting City officials, personnel, property, or equipment whether prepared by
Consultant or provided by City without prior written consent of the City. The City will not
unreasonably withhold its consent.
D. Work Performed at Consultant's Risk: Consultant shall take all precautions
necessary and shall be responsible for the safety of its employees, agents, and sub -consultants in
the performance of the work hereunder and shall utilize all protection necessary for that purpose.
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Bremerton/ Struck Environmental Inc.
Stormwater Comprehensive Plan Preparation
Rev. 07/2018
All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss
of or damage to materials, tools, or other articles used or held for use in connection with the work.
E. Place of Work: The Consultant shall perform the work authorized under this
Agreement at its offices in Poulsbo, Washington. Meetings with the City staff as described in
Exhibit A, Scope of Work, shall take place at the City's offices, or at locations mutually agreed
upon by the parties.
F. Entire Agreement: This Agreement and its Exhibits constitutes the entire
agreement between the Parties, and the Parties acknowledge that there are no other agreements,
written or oral, that have not been set forth in the text of this Agreement.
G. Severability: Should any part of this Agreement be found void, the balance of the
Agreement shall remain in full force and effect.
H. Modification: This Agreement may only be modified by written instrument signed
by both Parties.
I. Written Notices: All communications regarding this Agreement shall be sent to the
parties at the addresses listed below by registered or 1st class mail, or by personal service, and
shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement
or such other address as may be hereafter specified in writing.
Notices to be sent to:
CITY:
Attn: Chance W Beithiaume
City of Bremerton
100 Oyster Bay Ave N
Bremerton, WA 98312
Notices to be sent to:
CONSULTANT:
Attn: Phil Struck
Struck Environmental Inc.
P.O. Box 2168
Poulsbo, WA 98370
J. Waiver: Failure to enforce any provision of this Agreement shall not be deemed a
waiver of that provision. Waiver of any right or power arising out of this Agreement shall not be
deemed waiver of any other right or power.
K. Non -Waiver of Breach: The failure of the City to insist upon strict performance of
any of the covenants and agreements contained herein, or to exercise any option herein conferred
in one or more instances shall not be construed to be a waiver or relinquishment of said covenants,
agreements or options, and the same shall be and remain in full force and effect.
L. Compliance with Laws: Consultant shall comply with all applicable Federal, State,
and local laws in performing its obligations under this Agreement.
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Bremerton/ Struck Environmental Inc.
Stormwater Comprehensive Plan Preparation
Rev. 07/2018
M. Choice of Law and Venue: This Agreement shall be interpreted according to the
laws of the State of Washington. Any judicial action to resolve disputes arising out of this
Agreement shall be brought in Kitsap County Superior Court.
N. Attorneys' Fees: In the event of litigation to enforce any of the terms or provisions
herein, each party shall pay all its own costs and attorney's fees.
O. Assignment: Any assignment of this agreement by the Contractor without the
written consent of the City shall be void.
VIII. Nondiscrimination: Consultant shall not discriminate in employment or services to the
public on the basis of race, color, national origin, sex, religion, age, marital status, disability, or
sexual orientation except for employment actions based on bona fide occupational qualification.
IX. Termination: This Agreement shall remain in force until completion and acceptance of
the services, terminated by written instrument upon mutual consent, or by the City of Bremerton
for convenience. This Agreement may be immediately terminated for cause by a Party if the other
Party substantially fails to perform through no fault of the terminating Party, and the non-
performing Party does not commence correction of the failure of performance within thirty (30)
days of the terminating Party's sending notice to the non-performing Party. Any Notice by
Consultant shall include a report showing the status of all items listed in the Scope of Work current
through the termination date.
If the City receives reimbursement by any federal, state, or other source for work described
in Section I herein, and that funding is withdrawn, reduced or limited in any way, or the project is
cancelled or substantially reduced after the execution date of this Agreement and prior to the
completion of the work, the City may summarily terminate this Agreement.
A. Excusable Delays: The right of Consultant to proceed shall not be terminated nor
shall Consultant be charged with liquidated damages for any delays in the completion of the work
due to: 1) any acts of the federal government in controlling, restricting, or requisitioning materials,
equipment, tools, or labor by reason of war, national defense, or other national emergency; 2) any
acts of the City, its consultants, or other public agencies causing such delay; and 3) causes not
reasonably foreseeable by the parties at the time of the execution of the Agreement that are beyond
the control and without the fault or negligence of the Consultant, including, but not restricted to,
acts of God, fires, floods, strikes, or weather of unusual severity. PROVIDED, HOWEVER, that
the Consultant must promptly notify the City within ten (10) calendar days in writing of the cause
of the delay. If, on the basis of the facts and the terms of this Agreement, the delay is properly
excusable, the City shall, in writing, extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
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Bremerton/ Struck Environmental Inc.
Stormwater Comprehensive Plan Preparation
Rev. 07/2018
B. Rights Upon Termination: In the event of termination, the City shall pay for all
services performed by the Consultant to the effective date of termination, as described on a final
invoice submitted to the City. After termination, the City may take possession of all records and
data within the Consultant's possession pertaining to this project which may be used by the City
without restriction. Any such use not related to the project which Consultant was contracted to
perform shall be without liability or legal exposure to the Consultant.
X. Suspension & Debarment. For contracts involving Federal funding, Consultant hereby
certifies, by signing this agreement, that neither it nor its principals are presently debarred,
suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation
in this transaction by any Federal department or agency. Consultant shall provide immediate
written notice to the City if at any time it learns that it is or has become ineligible for certification.
Should Consultant enter into a covered transaction with another firm, Consultant agrees by signing
this agreement that it will verify that the firm with whom it intends to do business is not debarred,
suspended, ineligible, excluded or disqualified.
IN WITNESS WHEREOF, the parties below have executed this Agreement.
CITY:
CITY OF BREMERTON
By: Z�,�
Print Name: Chal Martin
Its: Public� or �s & Utilities Director
Date:/Z9
APPROVED AS TO FORM:
CONSULTANT:
W�C— .
By: CJ
Print Name: Phil Struck
Its: Principal
Date: 279 — Zf — ( 9
ATTEST:
By: �— By:
Roger A. Lubovich, B m'r-ton City orney Angela W s, City Clerk
R:,,Legal\LegaliFormsll�ORMS ON COBWEBTrofessional Services Agreement Rev. 07 2018.docx
Page 7 of 7
Bremerton/[Consultant]
[Project Name
Rev. 07/2018
STRUCK ENVIRONMENTAL, INC.
EXHIBIT A
CITY OF BREMERTON
STORMWATER COMPREHENSIVE PLAN PREPARATION
Scope of Work
INTRODUCTION
This Scope of Work describes work to be performed to prepare the City of Bremerton Stormwater
Comprehensive Plan (SWCP). This Scope of Work generally consists of the following elements:
• Review existing information and prepare Plan outline.
• Prepare draft plan chapters using work completed by others.
• Work with the City to prepare additional content regarding Program
Management/Administration and Financial Plan elements.
• Prepared preliminary review draft, public review draft and final plan documents.
GENERAL LEVEL OF EFFORT ASSUMPTIONS
The level of effort assumes that the plan will consist of compiling, editing and presenting existing
information prepared by others for the following sections of the Plan:
• Introduction
• System Description
• NPDES Compliance including public education, LID, Illicit Discharge, Code Development
and Runoff Control elements
• Operation and Maintenance
• Capital Improvement Program including project descriptions and costs
The following sections of the plan will be developed as part of this scope of work:
• Program Management and Administration
• Financial Plan
• Kitsap Lake Management Plan
The specific scope of work for these sections of the plan are described in the tasks below.
SCHEDULE ASSUMPTIONS
It is assumed that the project will commence approximately September 03, 2018 with the
preliminary draft prepared in September/October, the public review draft in October/November,
and the final plan within two weeks of City Council approval of the draft plan.
August 8, 2018 1
Scope of Work
City of Bremerton Stormwater Comprehensive Plan
TASK 01— PLAN DEVELOPMENT
Objective: Review existing information, prepare work plan and prepare SWCP outline.
Activities: This task consists of the following activities:
• Review and organize existing information prepared by others.
• Organize and facilitate a kick off meeting with the City to confirm SWCP goals,
objectives, work plan and schedule for completion.
• Prepare a detailed SWCP outline that describes document organization, content,
information gaps and format.
• Meet with the City to review and finalize the SWOP outline.
Deliverables: The following deliverables are associated with this task:
• Project work plan including schedule, deliverables and coordination elements.
• SWCP outline.
Assumptions: The following assumptions are associated with this task:
• Two meetings are assumed.
TASK 02 — PROGRAM MANAGEMENT, FINANCIAL PLAN AND KITSAP LAKE
MANAGEMENT PLAN CHAPTERS
Objective: Prepare the draft Program Management and Administration, Financial Plan and
Kitsap Lake Management Plan chapters.
Activities: This task consists of the following activities:
• Prepare the preliminary draft Program Management and Administration chapter which
will generally consist of the following information:
o Program Organization and Staffing
Interdepartmental Coordination
o Program Administration
o Implementation Roles and Responsibilities
• Prepare the draft Financial Plan chapter which will generally consist of the following
information:
a Five-year (2013-2017) Cost Summary consisting of O&M. Capital and Administrative
components.
o Five-year (2013-2017) Revenue Summary consisting of annual revenue breakdown
from utility rate charges, connection fees and grants,
o Estimated Program Costs for 6 -year period 2018-2023.
a Estimated Program Revenue for 6 -year period 2018-2023.
o Financial Summary that compares projected costs to revenues.
o Recommendations for future financial assessment and management actions.
• Prepare Kitsap Lake Management Plan consisting of the following:
August 8, 2018 2 Scope of Work
City of Bremerton Stormwater Comprehensive Plan
• Purpose and Need
o Existing Conditions
• Management Program
• Meet with City to review draft chapters.
Deliverables: The following deliverables are associated with this task:
• Preliminary Draft chapters in pdf and Microsoft Word® format.
Assumptions: The following assumptions are associated with this task:
• Level of detail for each chapter will be determined during Work Plan development under
"bask 1.
• Financial chapter will provide a summary of stormwater utility finances, but not a detailed
financial analysis that would be typically associated with a rate assessment and/or rate
increase. The chapter will summarize information provided by the City including
summary spreadsheets.
• Estimated future program costs will be based on staffing plans and equipment purchases
provided by City, the existing CIP, and NPDES gap analysis prepared by others.
• Estimated future revenues will be generalized based on expected growth rates in the City
and assumed grant funding.
• Scope does not include staffing sufficiency analysis, future capital equipment needs
analysis or rate analysis. The City may provide this information for incorporation into the
Financial Plan, and/or future analysis of these elements may be a recommendation of the
SWCP.
• Kitsap Lake Management Plan will identify needs. goals and objectives for management
of Kitsap Lake. future basin -specific watershed management plan may be recommended
as part of the SWCP.
• Existing figures, charts and graphics are sufficient, and no new graphics will be needed.
TASK 03 — DRAFT PLAN
Objective: Prepare preliminary draft plan for City review, and draft plan for public review.
Activities: This task consists of the following activities:
• Prepare preliminary draft plan for City staff review.
• Meet with the City to review the preliminary draft plan.
• Prepare public review draft SWCP.
• Assist the City in preparing presentations to City Council.
• Attend the City Council work study and Council review meetings.
Deliverables: The following deliverables are associated with this task:
• Preliminary draft plan for City staff review in hard copy and pdf format.
• Public review draft plan in pdf format.
Assumptions: The following assumptions are associated with this task:
August 8, 2018 3 Scope of wort
City of Bremerton Stormwater Comprehensive Plan
• Existing figures, charts and graphics are sufficient, and no new graphics will be needed.
• Attendance at Council meetings will be in a support capacity.
Task 04 - FINAL PLAN
Objective: Prepare preliminary final SWCP for City staff review, and final SWCP for public
review.
Activities: This task consists of the following activities:
• Prepare preliminary final SWCP for City staff review.
• Meet with the City to review the preliminary final SWCP.
• Prepare final SWCP.
Deliverables: The following deliverables are associated with this task:
• Preliminary final SWCP plan for City staff review in hard copy and pdf format.
• Final SWCP in pdf format.
• Final SWCP in Microsoft Word® format.
Assumptions: The following assumptions are associated with this task:
• Existing figures, charts and graphics are sufficient and no new graphics will be needed.
TASK 05 - PROJECT MANAGEMENT
Objective: Provide project management and coordinate with the City.
Activities: This task consists of the following activities:
• Routine communications with the City.
• Provide project schedule and budget management.
Deliverables: The following deliverables are associated with this task:
• Monthly progress reports.
Assumptions: The following assumptions are associated with this task:
• Project duration is estimated to be 4 months.
TASK 06 — ADDITIONAL SERVICES
Objective: Provide additional services requested by the City that are not included as part of
Tasks 1 through 5.
Activities: This task consists of the following activities:
August 8, 2018 4 Scope of Work
City of Bremerton Stormwater Comprehensive Plan
• As requested by the City.
Deliverables: The following deliverables are associated with this task:
• As applicable.
Assumptions: The following assumptions are associated with this task:
• Work under the additional services task will require prior approval from the City.
August E, 201E 5
Scoce of Work
STRUCK ENVIRONMENTAL, INC.
Project: BREMERTON STORMWATER COMPREHENSIVE PLAN
Client: City of Bremerton
Date: 7 -Aug -18
Exhibit B - Estimated Budget
8/24/2018 1 Bremerton SWMP_budget v2_O8-07-18.xlsx
Struck Environmental
w,a Shd
Rateft $165
Flours
Cost
TASK
Descro-
1
PLAN DEVELOPMENT
Review and Organize Existing Information
6
$990
Kick oft Meeting
4
$660
Prepare Plan Outline
6
$990
Review/finalize Plan Outline with City
3
$495
Subtotal
19
$.3,135
-- --
2
FINANCIAL AND MANAGEMENT PLAN
Draft Management and Admin Chapter
10
$1,650
Draft Finanical Plan Chapter
12
$1,980
Draft Kitsap Lake Management Plan Chapter
8
$1,320
Subtotal
30
$4,950
3
DRAFTPLAN
Prepare preliminary draft plan
26
$4,290
Meet and review with City
4
$660
Prepare Public Review Draft Plan
12
$1,980
Council presentation support
6
5990
Subtotal
48
$7,920
4
FINAL PLAN
Prepare review draft of Final Plan
10
$1,650
Review with City
4
$660
Prepare Final Plan
8
$1,320
Subtotal
22
$3,630
5
MEETINGS AND PROJECT MANAGEMENT
Project management and administration
8
$1,320
Subtotal
8
$1,320
6
ADDITIONAL SERVICES
Additional Services
8
$1,320
Subtotal
8
$1,320
Total Labor
135
$22,275
Reprodu&"
$300
Mleage
$150
DIRECT COST TOTAL
$450
TOTAL COSTI $22,725
8/24/2018 1 Bremerton SWMP_budget v2_O8-07-18.xlsx
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND Struck Environmental, Inc.
PROJECT Stormwater Comprehensive Plan Preparation
CONSULTANT Struck Environmental, Inc.
DATE December 18th, 2018
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
Stormwater Comprehensive Plan Preparation AGREEMENT (the "Contract") entered
into between the City of Bremerton and Struck Environmental, Inc. on August 29, 2018 P.O
No..
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 Consultant shall complete the work described in this Contract Modification Agreement by
April 30th, 2019.
Section IH. Compensation, is modified as follows:
The original contract amount was Dollars $24,900 .00. No change to the total contract amount.
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.
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.
Page 1 of 2
Contract Modification
Rev. 07/18
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.
CONSULTANT
By:
Print Name: Phil Struck
Its: Principal
Date:
APPROVED AS TO FORM:
By: (�7�L�.
ROGER A. LUBOVI(H, remerto i y Attorney
NOTICES TO BE SENT TO:
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 07 2018.docx
Page 2 of 2
Contract Modification
Rev. 07/18
THE CITY OF BREMERTON
By: z�' (Zq
Print Name: lhal Aartin
Its: Public Works & Utilities Director
Date: 1 ?� )l fd // f -
ATTEST:
By: (J)MP� OW 11�z)
ANGELA ..
NOTICES TO BE SENT TO:
Mr./Mrs.
Title
City of Bremerton Engineering Dept.
Address 1
Address 2
Phone/Fax