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Home My WebLink About2019-137 20190402 Cummins Inc AMENDMENT NO. 1 to GOODS & SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("City") and Cummins Sales and Service, a corporation, ("Provider") for NFPA 110-COMPLIANT GENERATOR STARTUP AND TESTING RECITALS A. The City and Provider previously entered into a Goods and Services Agreement effective February 19, 20I p(the "Agreement"), for the provision of NFPA 110-compliant generator startup and testing. B. The City and Provider now wish to amend the Agreement to increase the amount of compensation to be paid to Provider. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend Section 2 of the Agreement as follows, with strikeout wording deleted and underscored wording added: 2.1 City shall pay Provider the sum of$1,839.35 (one thousand eight hundred and thirty nine dollars and thirty five cents) $1,101.70 as provided herein as full compensation for the Work as specified in the SUPPORTING DOCUMENTS. 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $1,839.35 (one thousand eight hundred and thirty nine dollars and thirty five cents) $1,101.70 without the express, written approval from the City official whose signature appears below, or such official's successor in office. Provider expressly acknowledges that no other person has authority to order or authorize additional Work which would cause this maximum sum to be exceeded and that any authorization from the responsible official must be in writing. Provider further acknowledges that any Work delivered or expenses incurred without authorization as provided herein is done at Provider's own risk and as a volunteer without expectation of compensation or reimbursement. Page 1 of 2: Amendment No. 1 to Goods&Services Agreement between the City of Ashland and Cummins Sales and Service 2. This Amendment No. 1 is effective upon being signed by both parties. 3. Except as specifically modified by this Amendment No. 1,the terms and conditions of the Agreement remain in full force and effect. IN WITNESS WHEREOF the parties have caused this Amendment No. 1 to be signed in their respective names by their duly authorized representatives as of the dates set forth below: CITY OF ASHLAND, OREGON CUMMINS SALES AND SERVICE By: .- By: PAS 17- izz'u&•ki; PW D. o Printed Name: K,,,tn 'P.A..v,,,e, Date: 2-'`1 '2' L. zg t 5 Title: SGrv', - Date: y/1cii1ci Page 2 of 2: Amendment No. 1 to Goods&Services Agreement between the City of Ashland and Cummins Sales and Service - ts-riasrr.2 c,j Payment terms are 30 days from invoice date unless otherwise (4%�� Sales and agreed upon in writing. Remit to: Cummins Sales and Service Service Lockbox 138324 POB 398324 San Francisco,CA 94139 MEDFORD OR BRANCH INVOICE NO 5742-A CRATER LAKE AVE CENTRAL POINT, OR 97502- ESTIMATE (541)830-4400 REMIT TO:Lockbox 138324 POB 398324 BILL TO OWNER CITY OF ASHLAND ASHLAND POLICE DEPT 20 E MAIN ST 1155 E MAIN ST PAGE 1 OF 1 ASHLAND, OR 97520-1814 ASHLAND, OR 97520- ***CHARGE*** KAYLEA KATHOL-541 552-2419 DATE CUSTOMER ORDER NO. DATE IN SERVICE ENGINE MODEL PUMP NO. EQUIPMENT MAKE ..*.*..********************* GGHH ONAN CUSTOMER NO. SHIP VIA FAIL DATE ENGINE SERIAL NO. CPL NO. EQUIPMENT MODEL 248729 10-APR-2019 F170200135 GGHH REF.NO. SALESPERSON PARTS DISP. MILEAGE/HOURS PUMP CODE UNIT NO. 76121 ASHLAND POLICE QUANTITY BACK QUANTITY PART PRODUCT D[tiCRIP 710N UNIT PRICE AMOUNT ORDERED ORDERED SHIPPED NUMBER CODE OSN/MSNNIN F170200135 COMPLAINT TRAVEL TO SITE LOCATION: CITY OF ASHLAND POLICE DEPT. -PERFORMED NFPA 110 BUILDING LOAD TEST. *AFTER HOURS/SUNDAY SERVICE* 1 O-FLD-VD GEN FIELD FLAT RATE 1,083.25 MISC.CHARGES ROAD MILEAGE FS PG SHOP SUPPLIES TAX EXEMPT NUMBERS: LOCAL 0.00 Completion date:29-Apr-2019 02:09PM. Estimate expires:30-Jun-2019 02:11PM. Billing Inquiries?Call(877)480-6970 THERE ARE ADDITIONAL CONTRACT TERMS ON THE REVERSE SIDE OF THIS DOCUMENT, INCLUDING LIMITATION ON WARRANTIES AND REMEDIES,WHICH ARE SUB TOTAL: 1,083.25 EXPRESSLY INCORPORATED HEREIN AND WHICH PURCHASER ACKNOWLEDGES HAVE TOTAL TAX: 0.00 BEEN READ AND FULLY UNDERSTOOD. TOTAL AMOUNT:US$ 1,083.25 AUTHORIZED BY(print name) SIGNATURE DATE Purchase Order raft Fiscal Year 2019 Page: 1 of: 1 B City of Ashland -MIIVIENT � ATTN: Accounts Payable Purchase L Ashland, OR 97520 Order# 20190402 T Phone: 541/552-2010 0 Email: payable @ashland.or.us V H C/O Public Works Department E CUMMINS INC I 51 Winburn Way N 500 JACKSON STREET p Ashland, OR 97520 O COLUMBUS, IN 47201 Phone: 541/488-5347 R T Fax: 541/488-6006 a�=1:aMa'elalel= ig 0a-0=5_ O€ Paula Brown —=s-=1=ii=(e1�sE S al=1��3F1t �i=a B a=ia� �e=1I��1glf I�si=fs7 ==7=eel- — —e=aY a 5s1-1e14=1.1E ale 03/13/2019 326 FOB ASHLAND OR/NET30 City Accounts Payable - - -- - 1'!-jai:€1 ��e =� ge =FT , Generator Startup Police St 1 Perform generator startup on propane at Ashland Police Station, 1 $1,101.7000 $1,101.70 consistent with NFPA 110 requirements Cummins Terms and Conditions (back of quote) City's Addendum to Cummins Terms and Conditions Project Account: E-201623-999 2 ADDED: Processed change order 05/06/2019 1 $737.6500 $737.65 Amendment No. 1 -Compensation is being increased $737.65 Project Account: E-201623-999 GL SUMMARY************* * 082400- 704200 $1,839.35 By: Date: 51 Lj horized Signature UMW_ $1,839.35 FORM #10 (/(A, 1 i/ Z, (Ai TY0F CONTRACT AMENDMENT APPROVAL REQUEST FO ! ' � for Change Order Request e S H LAN q i Name of Supplier l Contractor l Consultant:CUMMINS SALES AND SERVICE / Total amount of this contract amendment: Purchase Order Number:20190402 Title I Description: NFPA 110-COMPLIANT GENERATOR STARTUP AND TESTING $756.10 ® Per attached contract amendment J/ Contract Amendment Original contract amount $ 1,101.70 100 %of original contract Total amount of previous contract amendments �. %of original contract Amount of this contract amendment -7 737.65 9 %of original contract TOTAL AMOUNT OF CONTRACT $ 1,839.35 169 %of original contract In accordance with OAR 137-047-0800:1)The amendment is within the scope of procurement as described in the solicitation documents,Sole Source notice or approval of Special Procurement.2)The amendment is necessary to comply with a change in law that affects performance of the contract.3)The amendment results from renegotiation of the terms and conditions,including the contract price,of a contract and the amendment is advantageous to the City of Ashland,subject to all of the following conditions:a)goods and services to be provided under the amended contract are the same as the goods and services to be provided under the unamended contract;b)The City determines that,with all things considered,the amended contract is at least as favorable to the City as the unamended contract;c)The amended contract does not have a total term greater than allowed in the solicitation document, contract or approval of a Special Procurement.An amendment is not within the scope of the procurement if the City determines that if it had described the changes to be made by the amendment in the procurement documents,it would likely have increased competition or affected award of contract. Contract amendment is within the scope of procurement: YES X NO (If"NO",requires Council approval I Attach copy of CC.) Sourcing Method: SMALL PROCUREMENT—Not exceeding$5,000 INVITATION TO BID or COOPERATIVE PROCUREMENT,QRF or ®"YES",the total amount of contract and cumulative REQUEST FOR PROPOSAL EXEMPTION PURSUANT TO AMC 2.50 amendments s$6,000. ❑ "YES",the total amount of cumulative amendments ❑"YES",the total amount of original contract and ❑If"NO",amount exceeding authority requires <—25%of original contract amount or$250,000 cumulative amendments s$100K for Goods&Services,s Council approval.Attach copy of Council whichever is less. $75K for Personal Services,<$50K for Attorney Fees. Communication. ❑If"NO",amount exceeding authority requires ❑If"NO",amount exceeding authority requires Council ❑ Exempt—Reason: Council approval.Attach copy of Council approval.Attach copy of Council Communication. PERSONAL SERVICES(Direct Appointment) Communication. ❑ Exempt—Reason: ❑ "YES",cumulative amendments<—$35,000 ❑ Exempt—Reason: ❑ If"NO",requires council approval.(Attach CC) INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT Goods&Services->$5,000 and<$100,000 ❑ "YES",the total amount of cumulative amendments ❑ Written Findings:Document the nature of the Personal Services->$5,000 and<$75,000 <—25%of original contract amount or$250,000 emergency,including necessity and circumstances ❑ "YES",the total amount of cumulative whichever is less. requiring the contract amendment amendments<—25%of original contract amount. ❑If ❑If"NO",amount exceeding authority requires ❑ Obtain direction and written approval from City "NO",amount exceeding authority requires Council Council approval.Attach copy of Council Administrator approval.Attach copy of Council Communication. Communication. ❑ If applicable,attach copy of Council Communication ❑ Exempt—Reason: ❑ Exempt—Reason:_ ❑ Exempt—Reason: SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT ❑"YES",the total amount of original contract and cumulative amendments are ❑ Renewal of Intergovernmental Agreement:Terms modified in accordance with initial within the amount and terms initially approved by Council as a Special agreement OR cost will not be more than 25%greater than initial agreement.Renewal Procurement. approved by City Attorney and department head affected by renewal and approved/signed ❑ If"NO",amount exceeding authority requires Council approval. by City Administrator.AMC 2.28.045(B) Attach copy of Council Communication. ❑ If"NO",Council approval is required.Attach copy of Council Communication Project Number_E-201623-999_ _-_ __ Account Number_082400-704200 _ Account Number - *Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. • Employee Signature: ;,1 a a_ L �; ,�r .. partment Head Signature:� , 4(Equal to orgreate than$,000) City Administrator: / `- c� !`'- t-S y tel (Equal to or greater'than$25,b00 or 10%) Funds appropriated for current fiscal year: YES / NO Finance Director(Equal to or greater than$5,000) Date Comments: Form#10-Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1,4/18/2019