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Home My WebLink About2020-016 20200072 Polaris Land SurveyingAMENDMENT NO. I to the SERVICES AGREEMENT between THE CITY OF ASHLAND, an Oregon municipal corporation, ("cull) and POLARIS LAND SURVEYING, LLC, a domestic limited liability company, ("Provider") for Land Surveying RECITALS A. The City and Provider previously entered into a Services Agreement effective July 25, 2019 (the "Agreement"), for land surveying services. B. The City and Provider now wish to amend the Agreement tp increase the amount of compensation. AGREEMENT NOW THEREFORE, in consideration of the mutual benefits and obligations set forth herein, the parties agree as follows: 1. Amend the first sentence of Subsection 2.2 as follows, with strikeout wording deleted and underscored wording added: 2.2 In no event shall Provider's total of all compensation and reimbursement under this Agreement exceed the sum of $4500 00 $4955.00 without express, written approval from the City official whose signature appears below, or such official's successor in office. 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 POLARIS LAND SURVEYING, LLC By: By: Michael Black APRC Director Printed Name: S 14 i wt^ (�.it� Nh Date: I (� Title: H H a r Date: llldblr i"Ipep- Z2,0 9 Page 1 of 1: Amendment No. 1 to Services Agreement with Polaris Land Surveying, LLC. Legal Department Review DOCUMENT TRANSMITTAL AND CONTROL This form will accompany the document through the drafting, review, and signature processes, and will be kept with the City's final executed copy of the document. Required fields are indicated in gray scale. Document: Aft No_i Goods and Services Agieememt between tfie City aAshland and Pol2ns Land Survey (Include names ofpardes to the docament) Type of Document: Contract R Lease ❑ Easement ❑ Deed ❑ IGA ❑ Other (Specify) Dept Contact: TaraKkwel ACTION REQUESTED: Dept: Parks Phone: Ext 7a57 ❑ Review Draft Date submitted to Legal: 11/19/19 ❑ Approve final and forward to: Draft due by: (Unless indicated, Legal will reirv-n document to you) Return Requested by: AsAP Complete this section ONLY the first time this form is filled out. - Has this document been previously worked on by the Legal Dept StafV A No ❑ Yes If yes, by whom? LEGAL DEPT First Date Received by Legal Date: By: USE ONLY Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for additional review by Legal Date: By: Returned to Dept. for Revision Date: By: Received for Additional Review by Legal Date: By: Returned to Dept for Revision Date: By: Final Logged out by Legal Date: 11 2,Q B Comments from LEGAL to DEPARTMENT: Comments from DEPARTMENT to LE See Attached. p Spr'✓l'cz. ✓'T rPe�sas��" Return original executed document to City Dges this document need to be recorded? Recorder for safekeeping? ❑ No Yes `�y"(� No ❑ Yes CITY ADMINISTRATOR I DEPARTMENT BEAD Please do not sign the attached document until this f as b proved by the Legal Dept below: FINAL LEGAL DEPARTMENT APPROVAL: Date: //—/ 9 /g l .3 Provider shall, at its own expense, maintain Worker's Compensation insurance in compliance with ORS 656.017, which requires subject employers to provide workers' compensation coverage for all of its subject employees. 1.4 Provider agrees that no person shall, on the grounds of race, color, religion, creed, sex, marital status, familial status or domestic partnership, national origin, age, mental or physical disability, sexual orientation, gender identity or source of income, suffer discrimination in the performance of this Agreement when employed by Provider. Provider agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statutes, rules and regulations. Further, Provider agrees not to discriminate against a disadvantaged business enterprise, minority -owned business, woman -owned business, a business that a service -disabled veteran owns or an emerging small business enterprise certified under ORS 200.055, in awarding subcontracts as required by ORS 279A.I 10. 1.5 In all solicitations either by competitive bidding or negotiation made by Provider for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the Providers of the Provider's obligations under this Agreement and Title VI of the Civil Rights Act of 1964 and other federal nondiscrimination laws. 1.6 Living Wage Requirement: If the amount of this Agreement is $21,127.46 or more, Provider is required to comply with Chapter 3.12 of the Ashland Municipal Code by paying a living wage, as defined in that chapter, to all employees performing Work under this Agreement and to any subcontractor who performs 50% or more of the Work under this Agreement. Provider is also required to post the notice attached hereto as "Exhibit A" predominantly in areas where it will be seen by all employees. 2. CITY'S OBLIGATIONS 2.1 City shall pay Provider the sum of up to $120,00 per hour 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 $4500.00 without 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 fiuther 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. 3. GENERAL PROVISIONS 3.1 This is a non-exclusive Agreement. City is not obligated to procure any specific amount of Work from Provider and is free to procure similar types of goods and services from other providers in its sole discretion. 3.2 Provider is an independent contractor and not an employee or agent of the City for any purpose. 3.3 Provider is not entitled to, and expressly waives all claims to City benefits such as health and disability insurance, paid leave, and retirement. Page 2 of 3: Agreement between the City of Ashland and Polaris Land Surveying LLC t�SH� 9i O � 23 B Ashland Parks Commission I ATTN: Accounts Payable � 20 E. Main Ashland, OR 97520 T Phone:5411552-2010 O Email: payable@ashland.or.us V E POLARIS LAND SURVEYING LLC N PO BOX 459 � ASHLAND, OR 97520 R 482-5 Purchase Order Fiscal Year 2020 Page: 1 of: 1 S C/O Parks Department H Admin Office I 340 South Pioneer P Ashland, OR 97520 T 'Phone: 541/488-5340 O Fax:541/488-5314 (?, eq- l( On -call Surveying Parks 1 On -call surveying 1 $4,500.0000 $4,500.00 Services Agreement Completion date: 06/30/2020 Project Account: $4,500.00 Ship To: C/O Parks Department Admin Office 340 South Pioneer Ashland, OR 97520 Phone: 541 /488-5340 Fax: 541 /488-5314 2 ADDED: Processed change order 11/21/2019 1 $455.0000 $455.00 Amendment No. 1 - Increase compensation $455.00 Project Account: $455.00 Ship To: C/O Parks Department Admin Office 340 South Pioneer Ashland, OR 97520 Phone: 541/488-5340 Fax: 541/488-5314 GL SUMMARY 121200 - 604100 $4,955.00 By: 1, 1 Vl Date: l f Authorized Signature Pta Totai -- 4 955.00 FORM #10 CONTRACT AMENDMENT APPROVAL REQUEST FORM Request for a Change Order Name of Supplier) Contractor/ Consultant: Polaris Land Surveying LLC Purchase Order Number: 20200072 Title I Description: Surveying Services Per attached contract amendment Contract Amendment Original contract amount Total amount of previous contract amendments Amount of this contract amendment TOTAL AMOUNT OF CONTRACT $ 4500.00 455.00 $ 4955.00 CITY OF ASHLAND $ 455.00 100 % of original contract % of original contract 10 % of original contract 110 % of original contract In accordance with OAR 137-047-0800: 1) The amendment is within the scone 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 (If "NO", requires Council approval IAttach copy of CC.) Sourcina Method: K 'YES", the total amount of contract and cum' amendments 5 $6,000. ❑ If"NO", amount exceeding authority requires Council approval. Attach coov of Council amendments 5 amendments 525% ofodginal Contract amount El If "NO% amount exceeding authority requires Council ❑ 'YES', the total amount of cumulative amendments 5 25% of original Contract amount or $250,1100 whichever is less. ❑ If"NO°, amount exceeding authority requires Council approval. Attach copy of Council Communication. ❑ Exempt -Reason: ❑ 'YES', the total amount of cumulative amendments 5 25% of original Contract amount or $250,000 whichever is less. ❑ If "NO", amount exceeding authority requires $75Kfor Personal Services, <$50K forAtomey Fees. ❑ If"NO", amount exceeding authorityrequires Council approval. Attach copy of Council Communication. ❑ Exempt -Reason: Written Findings: Comment the nature of the rgency, including necessity and circumstances siring the contract amendment Obtain direction and written approval from City If applicable, attach Copy of Council Communication El 'YES", the total mount of original contract and cumulative amendments are ❑ RenewaloflntergovernmenlalAgreementTernsmoditiedinaccordancewithinitial- withintheamountandtermsinitiallyapprovedbyCouncilasaSpecial agreement OR cost Viii 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) ,-, .....° ..-__-, ____.._„_ -------I eu__v. Project Number -__-- _-_ -- Account Number 121200— . 604100 _ Account Number- _ _ _ - --_ - - _ _ _ 'Expenditure must be charged to the appropriate account numbers f e financials to reflect the actual expend lures accurately. Attach extra pages if needed. Employee Signature: OL/\&- I Department Head Signature: (Equal to or greater than $5,000) Funds appropriated for current fiscal year. YES / NO City Administrator: (Equal to orgreafer than $25,000 or 10%) Deputy 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 1,10/21/2019