002-05 - Berger Abam - Contract Amendment 1AMENDMENT NO. 1 TO CITY OF PORT ORCHARD CONTRACT NO. 0002-05, THEREBY
AMENDING THE TREMONT STREET WIDENING PROJECT, FEDERAL AID NO. STPUS -
6601(004), SUPPLEMENTAL AGREEMENTS NO. 3 AND NO. 5 OF THE LOCAL AGENCY
STANDARD CONSULTANT AGREEMENT BETWEEN THE CITY OF PORT ORCHARD AND
BERGER/ARAM ENGINEERS, INC.
THIS AMENDMENT NO. 1 to Contract No. C002-05 ("Amendment"), relating to the amendment of
Supplemental Agreements No. 3 and No. 5 to the Local Agency Standard Consultant Agreement, is made
effective as of the day of��, 2018, by and between the City of Port Orchard ("City"),
a municipal corporation organized under the laws of the State of Washington, and BERGER/ABAM
Engineers, Inc. ("BERGER"), a corporation organized under the laws of the State of Washington, located and
doing business at 33301 Ninth Avenue South, Suite 300, Federal Way, WA 98003.
WHEREAS, on August 10, 2005, the City executed a Local Agency Standard Consultant Agreement
for the Tremont Street Widening Project, SR 16 to Port Orchard Boulevard, ("Tremont Project") with
BERGER, ("Underlying Agreement"); and
WHEREAS, on December 15, 2017, and as a function of the Washington State Department of
Transportation Highways/Local Programs Project Management Review for the Tremont Project, it was
determined that Supplemental Agreement No. 3 to the Underlying Agreement expired on December 30,
2007, being 8-calendar days prior to the execution of Supplemental Agreement No. 4 on January 7, 2008;
and
WHEREAS, on December 15, 2017, and as a function of the Washington State Department of
Transportation Highways/Local Programs Project Management Review for the Tremont Project, it was
further determined that Supplemental Agreement No. 5 to the Underlying Agreement expired on June 30,
2008, being 7- calendar days prior to the execution of Supplemental Agreement No. 6 on July 7, 2008; and
WHEREAS, the parties to the Underlying Agreement agree that Supplemental Agreements No. 3
and No. 5 should be amended to extend their expiration dates in order to encompass all of the days
between supplemental agreements, and thereby correct the lapse in time to renew after expiration;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between
the parties hereto as follows:
1. The Underlying Agreement regarding the Tremont Project between the parties, Contract
No. C002-05, incorporated by this reference as fully as if herein set forth, is amended in, but only in, the
following respect:
a. To correct the lapse in time to renew the Local Agency Consultant Agreement(s) for the
Tremont Project, the parties agree to: 1) execute the attached Amendment to
Supplemental Agreement No. 3, thereby extending the completion date from December
30, 2007toJanuary7, 2008 (see Supplemental Agreement Number 3A attached); and 2)
execute the attached Amendment to Supplemental Agreement No. 5, thereby extending
the completion date from June 30, 2008 to July 7, 2008 (see Supplemental Agreement
Number 5A attached.)
In all other respects, the Underlying Agreement between the parties shall remain in full
force and effect, amended as set forth herein, but only as set forth herein.
IN WITNESS WHEREOF, the parties have executed this Amendment on the day and year set
forth above.
CITY OF PORT ORCHARD, WASHINGTON
Robert Putaansuu, Mayor
ATTEST/AUTHENTICATED:
Brandy RinearsoA-,"MMC, City Clerk
APPROVED AS TO FORM:
ron,Tp, ,0 City Attorney ,
poaroR,,,,
BERGER/ABAM ENGINEERS, INC.
.zad", i==
Robert L. Fernandes, Vice President
WrWashington State
AIF Department of Transportation
Supplemental Agreement
Organization and Address
Number 3A
BERGER/ABAM Engineers, Inc.
33301 Ninth Avenue S., Suite 300
Original Agreement Number
Federal Way, WA 98003
Federal Aid No. STPUS-6601(004)
Phone: 206.431.2300
Project Number
Execution Date
Completion Date
LA 5855
3/15/2007
1/7/2008
Project Title
New Maximum Amount Payable
Tremont St. Widening/SR 16 to Port Orchard Blvd.
$ 602,533.00
Description of Work
This Amendment to Supplemental Agreement No. 3 extends the previous Completion Date from 12/30/2007 to
1/7/2008, to correct the lapse in the Local Agency Consultant Agreement for the Project.
The Local Agency of City of Port Orchard
desires to supplement the agreement entered into with BERGER/ABAM Engineers, Inc.
and executed on 5/22/2018 and identified as Agreement No. STPUS-6601(004)
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
N/A
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: Completion Tate is revised to 1 /7/2008
Section V, PAYMENT, shall be amended as follows:
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: BERC`rFR/ARAM Engineers, Inc. By: C'itV of Pnrt Orchard
Consultant Signature Approving Authority Signature
DOT Form 140-063 EF ATTEST:' ,.pate
Revised 9/2005 / Jam-✓
Brandy Rinears`n, MMC, City Clerk
A11111111111111111L
C
Wasltington State
AP Department at Transportation
Supplemental Agreement
Organization and Address
Number 5A
BERGER/ABAM Engineers, Inc.
33301 Ninth Avenue S., Suite 300
Federal Way, WA 98003
Original Agreement Number
STPUS-6601(004)
Phone: 206.431.2300
Project Number
Execution Date
Completion Date
1
LA 5855
5/14/2008
7/7/2008
Project Title
New Maximum Amount Payable
Tremont St. Widening/SR 16 to Port Orchard Blvd.
$ 667,546.00
Description of Work
This Amendment to Supplemental Agreement No. 5 extends the previous Completion Date from 6/30/2008 to
7/7/2008, to correct the lapse in the Local Agency Consultant Agreement for the Project.
The Local Agency of City of Port Orchard
desires to supplement the agreement entered into with BERGER/ABAM Engineers, Inc.
and executed on 5/22/2018 and identified as Agreement No. STPUS-6601(004)
All provisions in the basic agreement remain in effect except as expressly modified by this supplement.
The changes to the agreement are described as follows:
Section 1, SCOPE OF WORK, is hereby changed to read:
N/A
II
Section IV, TIME FOR BEGINNING AND COMPLETION, is amended to change the number of calendar days for
completion of the work to read: Completion letion Tate is revised to 7/70.008
III
Section V, PAYMENT, shall be amended as follows:
N/A
as set forth in the attached Exhibit A, and by this reference made a part of this supplement.
If you concur with this supplement and agree to the changes as stated above, please sign in the appropriate spaces
below and return to this office for final action.
By: RRRC'TER/ARAM Engineers In, r _
X401"11�
Consultant Signature
ATTEST:
Apprbkiqg Authority Signature
DOT Form 140-063 EF'/ Date
Revised9/2005 Brandy Rinearson, MMC, City Clerk