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HomeMy WebLinkAbout2019-282 20200232 Superiior Fencing AMENDMENT NO. 2 to GOODS & SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, (11Cityll) and SUPERIOR FENCING LLC, a Company, ("Provider") for WOOD FENCE REPLACEMENT AT 130 N PIONEER STREET RECITALS A. The City and Provider previously entered into a Goods and Services Agreement effective October 21, 2019 (the "Agreement"), for the replacement of a wood fence at the north boundary of 130 N. Pioneer Street. 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 $11 957 eleven thousand nine hundred fifty evlcn dollars $11,320 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 $11,957 (eleven thousand nine hundred fifty seven dollars) S t~ 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 l of 2: Amendment No. 2 to Goods & Services Agreement between the City of Ashland and Superior Fencing, LLC 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 SUPERIOR FENCIN , LLC By: By: Paula C Brown, PW Director Printed Name: Ke- TJ/e., Date: l,~a✓ Zo/q Title: Date: i Page 2 of 2: Amendment No. 2 to Goods & Services Agreement between the City of Ashland and Superior Fencing, LL,C Purchase Order I LFiscal Year 2020 Page: 1 of: 1 - TH1S PO itidUMBER IMUST APPEAR ON ALL INVOICES, AND SH PPING DOCUMENTS, B City of Ashland I ATTN. Accounts Payable ~ Ashland, 20 E. Main Order# Purchase 20200232 OR 97520 T Phone: 541/552-2010 p Email: payable@ash land. or. us V H C/O Public Works Department E SUPERIOR FENCING LLC 1 51 Winburn Way N 2232 RIDGE WAY P Ashland, OR 97520 D MEDFORD, OR 97504 Phone: 541/488-5347 O T Fax: 541/488-6006 R O 541 890-6266 Paula Brown 10/23/2019 1228 FOB ASHLAND OR Cit Accounts Pa able Wood Fence 130 N Pioneer 1 Wood fence along N boundary of 130 N Pioneer Street 1 $11,016.0000 $11,016.00 Goods and Services Agreement (Less than $25,000) Completion date: 12/31/2019 Project Account: 2 ADDED: Processed change order 11/06/2019 1 $304.0000 $304.00 Amendment No. 1 Project Account: 3 ADDED: Processed change order 11/15/2019 1 $637.0000 $637.00 Contract Amendment 2 Add filler boards along bottom of fence Project Account: GL SUMMARY 081200 - 602400 $11,957.00 f By: h•J Date: l . Authorized Signature $11,957.00, -FORM #10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM ,~1S H LAN D Request for a Change Order Name of Supplier I Contractor I Consultant: Superior Fencing LLC }'Tot_aGarnount of this,. I'd 6htf- ct 5' ehdinen Purchase Order Number: 20200232 , $t 637L00. Title 1 Description: Wood fence replacement at 130 N Pioneer Street ~ - Per attached contract amendment Contract Amendment Original contract amount $11,016.00 100 % of original contract Total amount of previous contract amendments 304.00 .027 % of original contract Amount of this contract amendment 637.00 .058 % of original contract TOTAL AMOUNT OF CONTRACT $13,957.00 1.085 % of original contract In aceordancewith 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 ✓ NO Of "NO", requires Council approval l 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 525% of original contract amount or $250,000 cumulative amendmentss$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 (DirectAppointment) Communication. ❑ Exempt-Reason: ❑ "YES", cumulativeamendmentss$35,000 ❑ Exempt-Reason: ❑ If "NO", requires council approval. Attach INTERMEDIATE PROCUREMENT SOLESOURCE 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 s 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: Terns modified in accordance with initial within the amount and terns 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(8) Attach co of Council Communication. ❑ If"NO" Council approval is required. Attach co of Council Communication Project Number Account Number 081200 602400- _ 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. i Employee Signature: l4blRepartment Head Signature: .w/ ~rGA(py ( ~qual to orgreater than $5 ,000) City Administrator: (Equal to orgreater than $25,000 or f0%) Funds appropriated for current fiscal year. YES / NO Deputy Finance Director (Equal to orgreater than $5,000) Date Comments: Form #10 - Contract Amendment Approval Request Form, Request for a Change Order, Page 1 of 1, 10/21/2019