002-21 - AtWork! Commercial Enterprise, LLC - Contract Amendment 2DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3
CITY OF PORT ORCHARD
Authorization for Amendment No. 2
Date: December 13, 2022 Contractor: AtWorkl Commercial Enterprise, LLC
Project: 2021 Tremont Landscaping 1935 152nd PI NE
Maintenance Bellevue, WA 98007
Contract / Job ## C002-21
This Amencirnent Authorizes the fallowing changes to Purchased Service Agreement C002-21, as amended:
Section 1C.-Services by Vendor, is amended to read as follows: This Agreement shall commence on January 1,
2021 ("Commencement Date") and shall terminate December 31, 2023,
5ectiori 3. Corn pen sation. TIME AN❑ MATERIALS NOT TO EXCEED. Compensation for these services shall not
exceed $7�,837.81 ;applicable tax included) without written authorization and will be based on billing rates and
reimbursable expenses attached hereto as Exhibit A (revised), inclusive of all compensation paid after execution of
the Cont: act and Amendment No. 1 but prior to this Amendment.
This chanive order extends the dates and increases the annual contract amount to capture the increased material
C05i5 QUa to .nfIation.
-- Contract History
__-- --- _ Amount Sales 'lax Total
final Contract -2021 $24,939.201 $0,00 $24
endment 1-2022 1 $24,939.201 SO-001 524
39.20
Council
39.20 29-Nov-21 PW Director
�tniier'xa.-.. .: kt 2 -2: c.3 $29,959.41 $0.001 $29 959.41 13-Dec-22 Council
Total 4:. act $79,837.81 $0.00 $79 837.81
l have i : viz owed the Amendment information above and certify that to the best of my knowledge
descriptions and costs are true and accurate.
-^
C trac,� - 1r val Signature Public Works Director
de t' 0 Im da6 "A r. Tony Lang
Printed NzinA Title Printed Name
Change Orders .:a: oo not exceed 10%, with a maximum of
$50,000, of elther i2gaHy authorised budget limit or contract Approved
amount establishes by City Council can be approved by the Public
Works Director
Change Orders — 3o rat exceed 10%, with a maximum of Attest:
$100,000, of ei ihar egai:y authorized hudget Gmit or contract
amount established by City Council are to be approved by the
Mayor.
Change orders o:•ar $103,000 Dr exceed a total of 10% require
Council Action.
DocuSigned by:
�IMGIAbtSUU
F
Ear�aaad
Mayor
DocuSigned byy::"will
'11
6lVl QUA 11�
I
N
PORT 0'R N,
oi
�GaaPzgQ
City Cler
December 13, 2022 = SEAL
:dw .
Council Approval Date
DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3
AMENDMENT NO, 2 TO AGREEMENT NO. C002.21
CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT WITH
AtWork! Commercial Enterprise, LLC
THIS AMENDMENT No. 2 ("Amendment") to Contract No. C002-21 is entered into between the City of Port
Orcha;-a, a Washington municipal corporation ("City" or "Port Orchard") and AtWark! Commercial Enterprise
LLC, a '-:mited Liability Company ("Vendor"). City and Consultant are each a "Party" and together "Parties" to
this Ar:3endment.
RECITALS:
WHEREAS, on the 24' day of November 2020, the City executed a Purchased Service Agreement
for 2C21 Tremont Landscaping (Maintenance, Contract C002-21, with the Vendor ("Underlying
Agree.:;ent"); and
WHEREAS, on November 29, 2021, the Agreement termination date was extended to December
31, ,it'-. A, ..endment No. 1; and
`.AdAEREA.S, the Vendor and the City have conferred and agreed to extend the duration of the
Agreement to December 31, 2023, and to increase the amount of the Agreement by the revised Exhibit A,
attacr,ea nerewith; and
WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying
Agreement;
NC ,. it-REt'OE.E2., in consideration of the mutual benefits accruing, it is agreed by and between the
par -- Hereto as follows:
SECOND AMENDMENT TO AGREEMENT:
f hne_,dment. Section 1, C. Services by Vendor, of the Agreement is hereby amended to read
as f6liows, This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate
Decerr:ber 31, 2022, unless extended or terminated in writing as provided herein.
2. Amendment. Section 3. (Compensation) of the Agreement is hereby amended to read as
:10E r.!!D MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
-:.ti.; (appl`cable tax included), inclusive of all compensation paid after execution of the Contract
any: E_:.: cment No. 1 but prior to this Amendment, without written authorization and will be based on
billing :-ates and reimbursable expenses attached hereto as Exhibit "A" (Revised).
3. 5everabiiity. The provisions of this Amendment are declared to be severable. If any provision
of Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent
jurisra,'cuion, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
provifiar.
Amen: -ir nt No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC
Contract No.CO02-21 Page I
Updated 4/2022 IBDR
DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3
4. Entire Aareement. The written provisions and terms of this Amendment shall supersede
all prior verbal statements of any officer or other representative of the parties, and such statements shall
not be effective or be construed as entering into or forming a part of or altering in any manner
whatsoever, this Amendment. The entire agreement between the Parties with respect to the subject
matter hereunder is contained in the Agreement and exhibits thereto, any prior executed amendments
and this Amendment. Should any language in any of the Exhibits to the Agreement or prior amendments
corm;ct with any language contained in this Amendment, then this Amendment shall prevail. Except as
modi."Ied by this Amendment, a I I other provisions of the original Agreement and any amendments thereto
not inconsistent with this Amendment shall remain in full force and effect.
5. Effective date. This Amendment shall be effective as of December 13, 2022.
DATED this 13th day of December 2022.
CITYPF?O> YORCHARD, WASHINGTON
jQb� �ln�ctala,SU.lti
Robert Putaansuu, Mayor
A SEYWNTICATED:
6VAAJAJ�
randy Wallace, MMC, City Clerk
AVO FORM:
Char Iotte A. Archer, City Attorney
CONSULTANT
X
Sign ure
Printed Name an itle
Te—
Am--nL. ,-2nt No. 2 to Agreement Between City of Part Orchard and AtWork! Commercial Enterprise, LLC
Contract No.CO02-21 Page 2
Updated 412022 IBaR
DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3
Exhibit A
Schedule of Contract Prices
Tremont Landscaping Maintenance
-R(-) .,` If a discrepancy between the numerical unit price and the written (words) unit prise is found, the written
(words) unit price shall control.
The City of Port Orchard reserves the right to award a contract for all or any combination of schedules, rased upon
the overall lowest responsible bidder.
Schedule of Contract Prices
Tremont Landsca in Maintenance
?lumber of
Per vml s'isiis Per
Dvxvri ft C iturge ,'�idntis Ainuunt Per Month
Sell dule A
F1Iti'I'lr:li.714]':4T1r5 - - ----- -- --._ _. .�
.January, February. November,
Dccrmher l.andscapfng %mires
—� .. Trernuitt and 5u►roundin g �-
Areas (Exhibit A) -- ! S Per htonth'futal for winleI ! millfis
-- fnta3 for V17inicr Months l41 - --�._._. 5 ct----�� —
SPRANG & SlINIM R 'MONTHS
]larch, April, 1% Way, 3 une. .1 u It,
Angust. September. Ocgak4
LandKcaping tirrs'lri�
• Tremont and Surrns.ndinig S 4 S
Areas (Exhibit Ay —3S rrlr �-
Per Month 'l qua fur SpLing,Strimt r 0
1.t{mlhx-
7 up
Valid leirSpring: iumntrr hftmi11 ti ($) 5_ __0,
_ Isrigl tut Yon s
alp, ! ax A- 9.2% __,_ , Gt`y _J - 2,524.05
I
'rWul 5cheslulr .► 5
' - � -�'�- - 29,959.41
Monthly Billing "total (,rotni or schedule d S 2
�Al 1-2)
SALF-S TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency nAaill
sales Ukx on the full catwact prise.