HomeMy WebLinkAbout3 - Legal Review Submission_ Bremerton Contract Modification Clean Copy 11-30-23 (Legal comment) accPage 1 of 2
Contract Modification 1 Professional Services Agreement between City of Bremerton and River Oaks
Communications
Rev. 09/2021
MODIFICATION NO. 1 TO THE
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF BREMERTON AND RIVER OAKS
COMMUNICATIONS CORPORATION
Whereas, the parties have entered into a Professional Services Agreement effective October 21,
2021 (the “Contract”); and
Whereas, the City of Bremerton, Washington (the “City”) and Comcast Communications have
executed a 1-year extension of Ordinance number 5218 via Ordinance number 5472; and
Whereas, River Oaks Communications Corporation (“Consultant”) has successfully completed the
provision of Tasks one (1) through three (3) and has successfully completed all of Task four (4)
and the first 5 bullet points in the Revised Exhibit A Task 4.1 (except for the last 3 bullet points of
the deliverables in the Revised Exhibit A Task 4.1) and is in process of providing the last 3 bullet
points in the Revised Exhibit A Task 4.1; and
Whereas, the parties agree that River Oaks should continue to execute the procedures necessary
to execute the last 3 bullet point tasks under section 4.1 in the Revised Exhibit A including those
listed in the last 3 bullet points of the Revised Exhibit B Task 4.1;
Therefore, 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:
The Consultant shall complete only the work described in this Contract Modification Agreement
in the attached Revised Exhibit A including the last 3 bullet points of the deliverables in the
Revised Exhibit A Task 4.1 at the request of the City; and
Section II. Term , is modified as follows:
The Consultant shall complete the work described in this Contract Modification Agreement with
the updated timeline and deliverables in the attached Revised Exhibit B extending the period of
completion for the last 3 bullet points of the deliverables in the Revised Exhibit B Task 4.1 from
June 2023 to June 30th, 2024.
Section __III. Compensation__, is modified by adding the following paragraph:
Except for the remaining balance of up to $23,497.25, which will be billed on an hourly plus
expense basis by Consultant to the City per the rates and fees in Revised Exhibit C, Consultant
further agrees that this Contract Modification constitutes full and final settlement of all of the
DocuSign Envelope ID: CBD0E2F2-51D5-4845-90D9-5D39A7589A60
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Contract Modification 1 Professional Services Agreement between City of Bremerton and River Oaks
Communications
Rev. 09/2021
Consultant’s claims for Contract time and for all costs of any kind up and until Consultant’s invoice
of October 27, 2023, which October 27, 2023 invoice has been paid by the City, 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.
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.
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.
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.
RIVER OAKS COMMUNICATIONS THE CITY OF BREMERTON
CORPORATION
By: By:
Print Name: Print Name:
Its: Its:
Date: Date:
APPROVED AS TO FORM: ATTEST:
By: By:
KYLIE J. FINNELL, Bremerton City Attorney ANGELA HOOVER, City Clerk
R:\Legal\Legal\Forms\FORMS ON COBWEB\Contract Modification Rev. 09 2021.docx
DocuSign Envelope ID: CBD0E2F2-51D5-4845-90D9-5D39A7589A60
President
12/10/2023
Tom Duchen, President
12/11/2023
Mayor
Greg Wheeler