Loading...
007-21 - Atwork! Commercial Enterprise, LLC - Contract Amendment 2DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3 CITY OF PORT ORCHARD Authorization for Amendment No. Z Date: December 13, 2022 Contractor: AtWorkl Commercial Enterprise, LLC Project: 2021 Various Areas 1935152na PI NE Landscaping Maintenance Bellevue, WA 98W7 Contract / lob # C007-21 This Amendment Authorizes the following changes to Purchased Service Agreement C007-21, 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, Section 3. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed $97,679.45 (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 Contract and Amendment No. 1 but prior to this Amendment. This change order extends the dates and increases the annual contract amount to capture the increased material costs cue to inflation. Amount Contract History Sales Tax Total Date Appvd b ❑ri item W!-�ntract - 7021 $31,601.28 $0.00 $31,601.28 15-Dec-20 Council Amendment 1 _ 2022 $31,601,28 $0.00 $31,60L28 29-Nov-21 PW Director Alrt�n re.:r�t 2 - 2C23 $34 476.89 $0.00 $34,476.89 13-Dec-22 council Total :::�. �t: a $97,679.45 $0.00 $97,679.45 I have reviewed the Amendment information above and certify that to the best of my knowledge descriptions and costs are true and accurate. Cortraci.*-- 3,gnature Printed i� & Title "T- Public Works Director Tony Lang Printed Name Change Driers ma -o +to;exceed 10%, with a maximum of $50,000, of either.aAally authorized nudeet limit or contract Approved: amount estatrHsh,.-.:y City Council can be approved by the Public Works Director - Change Craeri i. .o no: exceed 10%, with n maximum of Attest: $100,000, of e' =.i"autnoriasd braget limit ar contract amount est&br .:,y council are to be approved by the Mayor. Change Oracrs ,.)..-- ::e ,0oo or exceed a total of 10% require Council Action. DocuSigned by: LN aAtA,S L EarRaaas... - Ma �o.&cuSigned by: C ;o .oaP o RqT� City Clerk . rU•2 December 13, 2022 SEAL Lo Council Approval Date �'s�yA'i McEg; DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3 AMENDMENT NO.2 TO AGREEMENT NO. C007-21 CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT WITH AtWork! Commercial Enterprise, LLC TN:; •`.'==E.\�DMENT No. 2 tc Contract No. C007-21 ("Amendment") is entered into between the City of Port Orc 4 c, z Washington municipal corporation ("City" or "Port Orchard") and AtWorkI Commercial Enterprise LLC, z .. nited Liability Company ("Vendor"). City and Consultant are each a "Party" and together "Parties" to this An -�endment. RECITALS: WHEREAS, on the 15" day of December 2020, the City executed a Purchased Service Agreement for 2021 Various Areas Landscaping Maintenance with the Vendor ("Underlying Agreement"); and WHEREAS, on November 29, 2021, the Agreement termination date was extended to December 31, 2022, with Amendment No. 1; and WHEREAS, the Vendor and the City have conferred and agreed to extend the duration of the Agreement to December 31, 2023, and increase the amount of the Agreement by the revised Exhibit A, attacnea narewith; and WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying Agreement; i` 01 ;-,'AEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the parties thereto as follows: SECOND AMENDMENT TO AGREEMENT: :. P,inendment. Section 1, C. Services by Vendor, of the Agreement is hereby amended to read as fr,Ito rrs- This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate December 31, 2023, unless extended or terminated in writing as provided herein. 2. Amendment. Section 3. (Compensation) of the Agreement is hereby amended to read as fol.lo:tts: 71ME MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed (app;'cable tax included), inclusive of all compensation paid after execution of the Contract ano Am.encrnent No. 1 but prior to this Amendment, without written authorization and will be based on billing rates and reimbursable expenses attached hereto as Exhibit "A" (Revised). 3. 3ey�fa�ai;ity. The provisions of this Amendment are declared to be severable. If any provision o; z:...is, for any reason, held to be invalid or unconstitutional by a court of competent such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other Amenm rr,ant No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC COA) 3 G w .,I o.CQ©7 ' 1 Page 1 Updated 4/2022 IBDR DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3 4. Entire Agreement. 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 Amendlrrent. Should any language in any of the Exhibits to the Agreement or prior amendments cc�rfi+ct with any language contained in this Amendment, then this Amendment shall prevail. Except as modil yea uy this Amendment, all other provisions of the original Agreement and any amendments thereto not inconsistent with this Amendment shall remain in full force and effect. 5. crrective date. This Amendment shall be effective as of December 13, 2022. DATED this 13` - day of December 2022. CL96b'PU4J%AtASW P,,$a„ PRCHARD, WASHINGTON t PLlLiarrsLiu, Mayor VENTlCATED: arardy Wallace, MMC, City Clerk AP M&-RA4TO FORM: Charlotte A. Archer, City Attorney CONSULTANT X Sig ture �� Printed Name and Tit! 01111 l l l l rr tt" �V.2 a• SEAL �rrnnllrnt u Amendment No. 2 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC Contract No.CQ07-21 Page 2 Updated 4f20221BDR DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3 Exhibit A Schedule of Contma Pdoes LANDSCAPE MAINTENANCE OF VARIOUS AREAS NOTE: If a discrepancy between the numerical unit price and the written (words) unit price 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, based upon the overall lowest responsible bidder. Schedule of Contract Prices I-an�dsca ' Area _V_ar_inns Number of Per Visit Visits Per - Ekfte W� Charee Month Amount Per Month — -- - WINTER MONTHS — A January, February, November, December Landscaping 5er►ice : • Etta Turner Memorial Park tig S1 ■ Parking Lots 1, a, 3, 4 1 l • Rockwell Park _ �� 2 ■ Roundabout Park & � �`� 1 ej I r�' 2 S ZZ Ste, ■ Flagpole Triangle on Bay 5t �� 65 ■ Arnold & Beach Parking �•.�_ l La Planter ■ Westhay Sections a & - "-1 2 -S a i 5 lack'ack Point ■ Grounds Maintenance ��' ! �- i �•• Waterfront Dods ■ Planter Bed an Bay St (51D71 I S 43Z 6 j Plaza) ' Per Month Total for Winter Monthx ►j �' -55 5 � Total far Winter Miniths (4) SPRING & BUMMER MONTHS [ March, April, May, June, July, f August, September, October Landscaping Services -_ ■ Etta Turner Memorial Park S 4 — ■ Parking Lots 1, 2, 3,4 �y 4 DocuSign Envelope ID: 6C35FE8A-8FDA-4993-BAA2-AEFE7CF9C9F3 ■ Rockwell Park S 21.E s _fl� ■ Roundabout Park & SurroundingROWRt7W + � �'Z� 4 • Flagpole TrianWe an Bay 5t S ---� + Arnotd & Beath Parking Lot/Plantpr � �7+� '.7 �" ' S • Westlray SP.Ctlons 4 & 51Blackoo Point S �l� S -- -- - doll S • Grounds Maintenance VYaterfront Dock —y T ' $ • Planter Bed on Bay St (5 to � � ►�� 5 Pc)' Month I maln 3r Spring-- iummeF 7-5 � Z� S .3 I'c�ial iur SPr4'Stanmer Month% 18) S 4� d 4•0121 for Year S Su]L-s Taxq-'n' 9.2% S -�- -�-�� - $2,904.65 focal Srherlu3r AS $A476.89 Monthly Billing Tolul (Total of Schedule � ,� $� � �� A.i12) 2,873.07 SALES TAX In am'rdanc..e witti Section 1-07.2(2) State Salmi Tax: The Carttractorslmll colledfmm the OmbaWngAgolcy rya,, sales tax on am full rontr'act price,