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Contract Modification
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CONTRACT MODIFICATION AGREEMENT NO. 1 to CITY CONTRACT
NO. 6199
BETWEEN THE CITY OF BREMERTON AND VAN NESS FELDMAN
PROJECT Water Legal Services
CONSULTANT Van Ness Feldman
DATE December 8, 2022
THIS CONTRACT MODIFICATION AGREEMENT SPECIFICALLY AMENDS THE
PROFESSIONAL SERVICES AGREEMENT (the "Contract") entered into between the
City of Bremerton and Van Ness Feldman on February 8, 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 Amended Scope of Work attached as Exhibit A.
Section II. Term , is modified as follows:
See Amended Schedule attached as Exhibit B.
Section III. Compensation , is modified as follows:
Consultant’s charges and bills shall conform to the fee schedule contained in the updated letter
attached as Exhibit C. This amendment only increases the consultant’s hourly rate and does not
change the not to exceed amount of $20,000.
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
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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)
CONSULTANT THE CITY OF BREMERTON
By: By:
Print Name: Adam W. Gravley Print Name: Greg Wheeler
Its: Partner 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:
Adam W. Gravley Cami Apfelbeck
Partner Water Utility Manager
Van Ness Feldman, LLP City of Bremerton
1119 Second Avenue Suite 1800 100 Oyster Bay Ave N
Seattle, WA 98101-2996 Bremerton, WA 98312
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EXHIBIT A
AMENDED SCOPE OF WORK
Van Ness Feldman is a law firm with expertise in various aspects of water law. The following
are examples of the legal assistance that will be provided under this contract on an on-call basis:
1. Legal issues concerning Bremerton’s relationships with Department of Ecology,
Washington Department of Fish and Wildlife, Suquamish Indian Tribe, Skokomish
Indian Tribe, City of Port Orchard, North Perry Avenue Water District, Silverdale Water
District, Sunnyslope Water District, Cliftonwood Water System, Erland Point Water
Company, Kitsap Public Utility District
2. Water rights and water law questions and issues
3. Other legal issues pertaining to the ownership, operation, and regulation of water systems
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EXHIBIT B
AMENDED SCHEDULE
Work may begin on the tasks described in Exhibit A immediately upon execution of this
Agreement. Work will be provided under this contract on an on-call basis.
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EXHIBIT C
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