007-21 - AtWork! Commercial Enterprise, LLC - Contract Amendment 5DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
CITY OF PORT ORCHARD
Authorization for Amendment No. 5
Date: April 9, 2024
Project: Various Areas Landscaping
Maintenance
Contract / Job # C007-21
Contractor: AtWork! Commercial Enterprise, LLC
1935 152nd PI NE
Bellevue, WA 98007
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, 2024,
Section 3. Compensation. TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$132,375.64 (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 Amendments 1, 2, 3 & 4, but prior to this Amendment.
This change order extends the dates and increases the annual contract amount to capture the increased material costs due to
inflation. 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.
Contract History
Amount Sales Tax Total Date Appvd b
Original Contract-2021
$31,601.28
$0.00
$31,601.28
15-Dec-20
Council
Amendment 1-2022
$31,601.28
$0.00
$31,601.28
29-Nov-21
PW Director
Amendment 2-2023
$34,476.89
$0.00
$34,476.89
13-Dec-22
Council
Amendment 3
$0.00
$0.00
$0.00
27-Nov-23
PW Director
Amendment 4
1 $0.001
$0.001
$0.00
27-Mar-24
PW Director
Amendment 5-2024
1 $34,696.191
$0.001
$34,696.19
09-Apr-241
Council
Total Contract $132,375.64 $0.00 $132,375.64
I have reviewed the Amendment information above and certify that to the best of my knowledge
descriptions and costs are true and accurate. Digitally signed by Denis Ryan
Denis Ryan D Date:
2024.04.02 08:26:35
Con actor Approval Signature Public Works Director
Denis Ryan
Public Works Contracts Greater than $35,000: Change Orders that do not exceed
10%, with a maximum of $50,000, of either legally authorized budget limit or contract
amount established by City Council can be approved by the Public Works Director.
Total Contract Amount shall reset to reflect new Council -approved contract totals
authorized prior to the requested change order. $50,000-$300,000 require Mayoral
Approval. $100,000 and over require Council Approval
Public Works Contracts under $35,000, change orders that individually do not exceed
$7,500 with an aggregate cap of $10,000.
Public Works Contracts unbud¢eted and under $7,500: All Change Orders that do
not exceed an aggregate cap of $7,500 (Excluding underlying value), provided there
are departmental funds available in the budget.
All Departments: Mayor approves any and all Change orders that do not exceed 10%
of either authorized budget limit or contract amount established by City Council.
With a maximum aggregate amount of $100,000. Total Contract Amount shall reset
to reflect new Council -approved contract totals authorized prior to the requested
change order. Any individual Change order that is over $100,000 requires Council
approval.
Printed Name
DocuSigned by:
Approved: �b PIntaAASU.U.
63w4"7- >
DocuSigned by: Mayor
Attest:
City Clerk
04/09/2024
Council Approval Date
Page 1 of 8
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
AMENDMENT NO. 5 TO AGREEMENT NO. C007-21
CITY OF PORT ORCHARD PURCHASED SERVICE AGREEMENT WITH
AtWork! Commercial Enterprise, LLC
THIS AMENDMENT NO. 5 ("Amendment") to Contract No. C007-21 is entered into between the City of Port
Orchard, a Washington municipal corporation ("City" or "Port Orchard") and AtWork! Commercial Enterprise
LLC, a Limited Liability Company ("Vendor"). City and Consultant are each a "Party" and together "Parties" to
this Amendment.
RECITALS:
WHEREAS, on the 15th day of December 2020, the City executed a Purchased Service Agreement
for Various Areas Landscaping Maintenance, Contract C007-21, with the Vendor ("Underlying
Agreement"); and
WHEREAS, on November 29, 2021, December 13, 2022, November 27, 2023 and March 27, 2024
respectively, Amendments 1, 2, 3, and 4 were approved extending the Underlying Agreement's
termination date, and increasing the Agreement Time and Materials Not to Exceed to $97,679.45; and
WHEREAS, continued landscaping services for 2024 are required by the City as described in
Exhibits B and C attached hereto, that will exceed the current value of the Underlying Agreement; and
WHEREAS, the Vendor and the City have conferred and agreed to extend the duration of the
Agreement to December 31, 2024, and to increase the amount of the Agreement, as amended, by the
revised Exhibit A, attached herewith; and
WHEREAS, the parties wish to memorialize their agreement and so modify the Underlying
Agreement;
NOW, THEREFORE, in consideration of the mutual benefits accruing, it is agreed by and between the
parties thereto as follows:
FIFTH AMENDMENT TO AGREEMENT:
1. Amendment. Section 1, C. Services by Vendor, of the Agreement is hereby amended to read
as follows: This Agreement shall commence on January 1, 2021 ("Commencement Date") and shall terminate
December 31, 2024, unless extended or terminated in writing as provided herein.
2. Amendment. Section 3. (Compensation) of the Agreement is hereby amended to read as
follows: TIME AND MATERIALS NOT TO EXCEED. Compensation for these services shall not exceed
$132,375.64 (applicable tax included), inclusive of all compensation paid after execution of the Contract
and Amendment No. 1, 2, 3, and 4 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. Severability. The provisions of this Amendment are declared to be severable. If any provision
of this Amendment is, for any reason, held to be invalid or unconstitutional by a court of competent
Amendment No. 5 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC
Contract No.0007-21
Updated 4/2022 IBDR
Page 2 of 8
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
provision.
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
conflict with any language contained in this Amendment, then this Amendment shall prevail. Except as
modified by 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. Effective date. This Amendment shall be effective as of April 9, 2022.
DATED this 9th day of April 2023.
DE'3FsFb0R1TY:ORCHARD, WASHINGTON
L�b � IN 6lA.bt,sw
RQ6422E4F 847D
Robert Putaansuu, Mayor
A 9-f1MiahTVif:NTICATED:
46ASA54BBD114111
Brandy Wallace, MMC, City Clerk
AP G.1EQrA&7-0 FORM:
Charlotte A. Archer, City Attorney
CONTRACTOR
-qa-A,,-
Si ature
�ccflksS bed . HJr
Printed NamvAnd Title
Amendment No. 5 to Agreement between City of Port Orchard and AtWork! Commercial Enterprise, LLC
Contract No.0007-21
Updated 4/2022 IBDR
Page 3 of 8
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
EXHIBIT A
Schedule of Contract Prices
LANDSCAPE MAINTENANCE OF VARIOUS AREAS
202.4 (,LpjAa}eeL Rtr� 6� , I��Jork �,M,��rcz:� �-�,�, z�c L�1. L
The City of Port Orchard reserves the right to award a contract for all or any combination of schedules
Schedule of Contract Prices
Landscaping Maintenance for Various Areas
Number of
Per Visit
Visits Per
Description
Charge
Month
Amount Per Month
Schedule A
WINTER MONTHS
January, February, November,
December Landscaping Services
• Etta Turner Memorial Park
$ (Z
2
$ -30 Lk
• Rockwell Park
$ + 1 Z
2
$ .3C+!4-
• Roundabout Park &
$ I LIr 0
2
$ C. $ b
Surrounding ROW
• Flagpole Triangle on Bay St
$ 54
1
$ 15CA
• Arnold & Beach Parking
$ -33
1
$ 3 3
Lot/Planter
• Westbay Sections 4 &
$ (0L
J
2
$
5/Blackjack Point
• Grounds Maintenance
$ 1 4.�O
1
$
Waterfront Dock
• Planter Bed on Bay St (510
$ K Z
1
$ tk -I-
Plaza)
Per Month Total for Winter Months
$ 133 Z
Total for Winter Months (4)
$
SPRING & SUMMER MONTHS
March, April, May, June, July,
August, September, October
Landscaping Services
• Etta Turner Memorial Park
$ r Q $
4
$ L �2
• Rockwell Park
$ [ l
4
$ ?aQ
• Roundabout Park &
$ Z S o
4
$ 1) Qp0
Surrounding ROW
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
• Flagpole Triangle on Bay St
$ 2„
2
$
• Arnold & Beach Parking
Lot/Planter
$ 3 3
2
$ V
• Westbay Sections 4 &
5/Blackjack Point
$ d
4
$ /_ O
✓ �/
• Grounds Maintenance
Waterfront Dock
$qS
2
$ Q
• Planter Bed on Bay St (510
Plaza)
$ r 1 2
2
$
Per Month Total for Spring/Summer
Months
$ 30,
Total for Spring/Summer Months (8)
$ 7-
Total for Year
$ ,3
Sales Tax 9.3%
Total Schedule A
$ 3 44 Co°l C.
Monthly Billing Total (Total of Schedule
A/12)
Z / �C` ` 3 5 _
SALES TAX
In accordance with Section 1-07.2(2) State Sales Tax: The Contractor shall collect from the Contracting Agency retail
sales tax on the full contract price.
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
EXHIBIT B
Scope of Services
Schedule A
Location
Description of Work
ALL PLANTERS HAVE DRIP LINE IRRIGATION. USE CAUTION WHEN TRIMMING
1. Etta Turner Memorial Park
1. Mowing/Edging
2. Weeding
3. Fertilize Grass X 2*
4. Pruning
5. Deadhead to remove old growth and seed heads from
plants and shrubs
6. Blowing
7. Leaves/Debris clean-up
3. Rockwell Park
1. Mowing/Edging
2. Weeding
3. Pruning
4. Deadhead to remove old growth and seed heads from
plants and shrubs
5. Fertilize Grass X 2*
6. Blow path and beach access
7. Leaves/Debris clean-up
4. Roundabout Park & Surrounding ROW
1. Mowing/Edging
2. Weeding
3. Pruning
4. Deadhead to remove old growth and seed heads from
plants and shrubs
5. Fertilize Grass X 2*
6. Blow stamped concrete walkway
7. Exterior ROW vegetative maintenance between curb and
sidewalk at the roundabout entrances & exits.
8. Leaves/Debris clean-up
5. Flagpole Triangle on Bay Street
1. Weeding
2. Pruning
3. Leaves/Debris clean-up
6. Arnold & Beach Parking Lot/Planter
1. Weeding
2. Pruning
3. Leaves/Debris clean-up
7. Westbay - Bay Street Pedestrian Pathway
1. Blow/clean trail
(including bridge) Sections 4 & 5/ Blackjack
2. Weed Control
Point
3. Pruning
4. Leaves/Debris clean-up
8. Grounds Maintenance Waterfront Dock -
1. Weed Control
Dekalb Pier Head
2. Pruning
3. Blow/Clean dock & sidewalk
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
1 14. Leaves/Debris clean-up
9. Planter Bed on Bay Street (510 Plaza) 11. Weed Control
2. Pruning
3. Blow/Clean sidewalk & parking area
14. Leave/Debris clean-up
*Apply a 20-0-18 fertilizer once in early Spring and once at the end of Summer.
DocuSign Envelope ID: 225EAA05-7D67-47F6-836B-508AFA013721
EXHIBIT C
Schedule of Landscape Maintenance
Visits Per Month
Schedule A
Location
January
February
March
April
May
June
July
August
September
October
November
December
Total
1. Etta Turner Memorial Park
2
2
4
4
4
4
4
4
4
4
2
2
40
3. Rockwell Park 2 2 4 1 4 4 4 4 4 4 4 2 2 40
4. Roundabout Park & Surrounding ROW
2
2
4
4
4
4
4
4
4
4
2
2
40
5. Flagpole Triangle on Bay Street 1 1 2 2 2 2 2 2 2 2 1 1 20
6. Arnold & Beach Parking Lot/Planter
1
1
2
2
2
2
2
2
2
2
1
1
20
7. Westbay Sections 4 & 5/ Blackjack
Point
2
2
4
4
4
4
4
4
4
4
2
2
40
8. Grounds Maintenance Waterfront
Dock
1
1
2
2
2
2
2
2
2
2
1
1
20
9. Planter Bed on Bay Street (510 Plaza)
1
1
2
2
2
2
2
2
2
2
1
1
20
Total Visits to Locations per month 12 1 12 1 24 24 24 24 1 24 1 24 24 24 12 12 240