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Contract Modification #1
Bremerton/BERK Consulting, Inc.
Eastside Employment Center
CONTRACT MODIFICATION AGREEMENT NO. 1
BETWEEN THE CITY OF BREMERTON AND BERK CONSULTING, INC.
PROJECT Eastside Employment Center Market Analysis, Redevelopment, &
Subarea Plan, Planned Action EIS.
CONSULTANT BERK Consulting, Inc.
DATE
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the City
of Bremerton and BERK Consulting, Inc. on May 2, 2019.
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 attached Scope Amendment dated July 27, 2020.
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement by
November 2020. .
Section III. Compensation , is modified as follows:
The original contract amount was Two-Hundred and Seventy Thousand Dollars ($ 270,000 .00).
The City shall pay the Consultant for the additional work described above, based on time and
materials, an amount not to exceed Fifteen Thousand Dollars ($15,000.00) for a total amended
contract amount of Two-Hundred and Eighty-Five Thousand Dollars ($ 285,000.00), 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.
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.
DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C
Page 2 of 2
Contract Modification #1
Bremerton/BERK Consulting, Inc.
Eastside Employment Center
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: BERK Consulting, Inc. THE CITY OF BREMERTON
By: By:
Print Name: Lisa Grueter Print Name: Greg Wheeler
Its: Principal Its: Mayor
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
ROGER A. LUBOVICH, Bremerton City Attorney ANGELA HOOVER, City Clerk
NOTICES TO BE SENT TO: NOTICES TO BE SENT TO:
Lisa, Grueter, AICP Andrea L. Spencer, AICP
BERK Consulting, Inc. Director of Community Development
2200 Sixth Avenue – 10th Floor 345 6th Street, Suite 600
Seattle, WA 98121 City of Bremerton DCD
lisa@berkconsulting.com Bremerton, WA 98337
206.493.2367 360-473-5283
DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C
8/4/2020 8/4/2020
1
Bremerton Eastside Employment Center
SCOPE AMENDMENT | JULY 27, 2020
The purpose of this amendment is to identify additional tasks needed to ensure a completion of the
Subarea Plan and Environmental Impact Statement (EIS).
Task 5.6 Planned Action Staff Workshops
The purpose of this subtask is to conduct meetings with Community Development and Public Works Staff
to develop the planned action mitigation including capital projects, cap ital costs, and mitigation fees. This
includes attendance at up to four virtual meetings and refinements of proposals, costs, mitigation, and
other documents.
Task 9.4 Preferred Alternative Refinement
Under this subtask, following the Planning Commission recommendations, responses to public comments,
and integration of SR 303 preferred concepts, the Eastside Employment Center Preferred Alternative will
be further refined. This includes revised land use estimates, transportation evaluation of trips, updated
maps, and subarea naming. The refined Preferred Alternative will be integrated within the subarea plan,
code, Final EIS and planned action. This includes growth estimates for added stories and commercial
square feet, the differences in mixed use trips and the Draft EIS range of alternatives.
COST ESTIMATE
Based on the scope amendment, the time and materials not to exceed amount is presented below.
DocuSign Envelope ID: B78550A9-95F0-453F-823C-A0B9C60FA95C