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Home My WebLink About1 - Original Submission_ 20220207_5827_Contract Modification No. 1 with MTC_NLPage 1 of 2 Contract Modification Rev. 09/2021 CONTRACT MODIFICATION AGREEMENT NO. 1 BETWEEN THE CITY OF BREMERTON AND MATERIALS TESTING AND CONSULTING PROJECT: Oyster Bay Beach Sewer Upgrades CONSULTANT: Materials Testing and Consulting DATE: February 7, 2022 THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE Oyster Bay Beach Sewer Upgrades AGREEMENT (the "Contract") entered into between the City of Bremerton and Materials Testing and Consulting on June 7, 2021. 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 additional scope attached as Exhibit A. Section II. Term , is modified as follows: The Consultant shall complete the work described in this Contract Modification Agreement by September 1, 2022. Section III. Compensation , is modified as follows: The original contract amount was $24,696. The City shall pay the Consultant for the additional work described above, based on time and materials, an amount not to exceed $7,462 for a total amended contract amount of $32,158 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: 067C3686-7059-44F8-ACE2-F189A47E54AC Page 2 of 2 Contract Modification Rev. 09/2021 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:Raymond McNamara Print Name:Greg Wheeler_________ Its:President Its:Mayor______________________ Date: Date: APPROVED AS TO FORM: ATTEST: By: By: KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: Attn: Deane Ramsdell Attn: Angela Hoover Materials Testing and Consulting City of Bremerton 777 Chrysler Drive 345 6th Street, Suite 100 Burlington, WA 98233 Bremerton, WA 98337-1891 R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx 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: 2022.02.09 10:08:56-08'00' DocuSign Envelope ID: 067C3686-7059-44F8-ACE2-F189A47E54AC 3/16/2022 3/16/2022 Date: January 27, 2022 Contact: Phone: Fax: Based on Plans Dated:Feb 01, 2021 Item Unit Quantity Rate Total IPD-S - Site Subgrade & Rock Course Compaction- for Full Depth Asphalt Paving and All Concrete Flatwork-includes compaction of gravel pathways Hour 20 72.00$ 1,440.00$ IPD-A - Asphalt Paving - includes overlays, drives and full depth 2350 tons Hour 20 72.00$ 1,440.00$ SAMPU - Sample Pickup if Required (Allowance)Hour 1 72.00$ 72.00$ 2,952.00$ Item Unit Quantity Rate Total EXT - Asphalt Extraction with Gradation Each 2 275.00$ 550.00$ RICE - Rice Density- each paving day even on Commercial if compaction is desired Each 2 95.00$ 190.00$ 740.00$ Item Unit Quantity Rate Total PM - Project Manager Hour 3 90.00$ 270.00$ 270.00$ $ 3,962.00 Respectfully Submitted, Deane Ramsdell 360.508.6336 24/7 • Invoices are due and payable upon receipt. Any invoice not paid within thirty (30) days of the date rendered may be assessed a finance charge of one-and-one-half (1½%) percent per month, for each month beyond thirty (30) days past due. Invoices not paid within sixty (60) days of the date rendered may result in MTC stopping work until such invoices are paid in full. Invoices not paid within ninety (90) days of the date rendered may be referred to an independent company for collection. Client will be responsible for all expenses incurred by MTC for the collection of any unpaid invoice(s), including collection fees, actual attorneys’ fees, and costs for legal counsel as stated in RCW 19.16.250.21. Furthermore, Client acknowledges that MTC may elect to withhold a Final Letter of Compliance for the project, and/or place a lien on any real property until all outstanding invoices and/or fees have been paid in full. Subtotal - Project Management & Consulting Services: Budget Estimate for Services - Total: Project Management & Consulting Services Laboratory Testing • Prices are subject to change if this agreement is not executed within 90 days from the date of the bid. • All services will be provided on a time and materials basis. The total is an estimate and the actual construction cost will be based on the project schedule and sequencing. The estimate is not a guaranteed price. A four hour minimum charge applies to all work performed, billing is also based on a portal to portal basis. A premium rate of 1.5 times the regular rate will be charge for overtime and 2 times the regular charge for Sunday's and holidays. • MTC will utilize the laboratory based closest to the project site. MTC offers additional services upon request which will be billed at our regular fee schedule. Acceptance of this proposal will constitute agreement to MTC standard general terms and conditions. Combined with our past experience with projects of similar size and scope, we estimate the total cost of our services for this project to be: Subtotal - Special & Construction Inspection: Architect: City of Bremerton Client Name: City of Bremerton Department of Public Works and Utilities William Davis (360) 473-2312 Email: william.davis@ci.bremerton.wa.us Address: 3027 Olympus Drive, Bremerton, WA 98310 Project Name / Location: Oyster Bay Beach Sewer Upgrades- Kitsap Way(SR310) at Shorewood Drive, Weslon Place, Lower Oyster Bay Drive and Madrona Point Drive- Budget Increase Request Special & Construction Inspection Materials Testing & Consulting, Inc. (MTC) thanks you for the opportunity, and respectfully submits the following proposal to provide materials testing and special inspection services during construction of the above-referenced project. Subtotal - Special & Construction Inspection: • In closing, our experienced inspection staff will ensure the highest level of quality is brought to your project. We believe that our local staff and vast experience on projects of similar size and scope make MTC the clear team member of choice for this project. We look forward to working with you. Printed Name & Title Date Client Authorized Signature Environmental ● Geotechnical Engineering ● Special Inspection ● Non-Destructive Testing ● Materials Testing Burlington ● Olympia ● Bellingham ● Silverdale ● Tukwila p: 360.755.1990 ● f: 360.755.1980 ● www.mtc-inc.net Page 1 of 1 EXHIBIT A - SCOPE OF WORK AND FEES FOR MATERIALS TESTINGAND LABORATORY SERVICESEXHIBIT ADocuSign Envelope ID: 067C3686-7059-44F8-ACE2-F189A47E54AC EXHIBIT B Oyster Bay Beach Sewer Upgrade Contract with Materials Testing and Consulting CONTRACT MODIFICATION #1 SUMMARY SHEET – February 2022 Cost Item Amount Budget for add’l MTC services $3,962 Management Reserve $3,500 TOTAL for Contract Modification #1 $7,462 Original Contract Amount $24,696 Contract Modification #1 $7,462 Revised Contract Amount $32,158 ** Management Reserve to only be used upon written authorization of the City Project Manager DocuSign Envelope ID: 067C3686-7059-44F8-ACE2-F189A47E54AC