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Home My WebLink AboutCAG2023-358 - Amendment - #1 - Entre Prises USA, Inc. - Arbor Heights 360 Climbing Wall Maintenance - 04/30/2024 FOR CITY OF KENT OFFICIAL USE ONLY Sup/Mgr: �L Agreement Routing Form Dir. Assist: • For Approvals,Signatures and Records Management KENT This form combines&replaces the Request for Mayor's Signature and Contract Cover WASHINGTON Sheet forms. Dir/Dep Dir: Originator: Department: Shayla Ott Parks, Recreation & Community Services Date Sent: Date Required: 04/19/2024 04/26/2024 0 Q Authorized to Sign: Date of Council Approval: Q [ZDirector or Designee NA Budget Account Number: Grant? Yes vNo P21082.64190.5133 Budget?w]Yes No Type: N/A Vendor Name: Category: Entre Prises USA Inc. Contract Vendor Number: Sub-Category: 72044 Amendment Arbor Heights 360 Climbing Project Name: 9 9 Wall Maintenance E o Project Details:Tax increase for taxable amount of Climbing Wall Maintenance at Arbor = Heights 360 and removal of tax on non-taxable items. c a Agreement Amount: $_87 1 .32 Basis for Selection of Contractor: Other QJ *Memo to Mayor must be attached 3- Start Date: 04/26/2024 Termination Date: 06/30/2025 CA Q Local Business? Yes 7No* If meets requirements per KCC3.70.700,pleosecomplete"VendorPurchase-Locol Exceptions"form onCityspoce. Business License Verification:W]Yes In-Process Exempt(KCC 5.01.045) Notice required prior to disclosure? Contract Number: YesONo CAG2023-358 Comments: 01 https://documents.kentwa.gov/WebLink/DocView.aspx?id=240396&dbid=0&repo=CityO fKent 30 a, N •� i � 3 � a+ fC C t/f Date Routed to the City Clerk's Office: 4/30/24 adccW22313_1_20 Visit Documents.KentWA.gov to obtain copies of all agreements rev.20210513 • KENT WASHINGTON AMENDMENT NO. 1 NAME OF CONSULTANT OR VENDOR: Entre Prises USA Inc. CONTRACT NAME & PROJECT NUMBER: Arbor Heights 360 Climbing Wall Maintenance CAG2023-358 ORIGINAL AGREEMENT DATE: 06/16/2023 This Amendment is made between the City and the above-referenced Consultant or Vendor and amends the original Agreement and all prior Amendments. All other provisions of the original Agreement or prior Amendments not inconsistent with this Amendment shall remain in full force and effect. For valuable consideration and by mutual consent of the parties, Consultant or Vendor's work is modified as follows: 1. Section I of the Agreement, entitled "Description of Work," is hereby modified to add additional work or revise existing work as follows: In addition to work required under the original Agreement and any prior Amendments, the Consultant or Vendor shall: Washington State tax increase April 1, 2024 from 10.1% to 10.2% added on to remaining taxable balance of contract totaling $23,433.52 ($23.43 tax) Removing tax cost at the rate of 10.1% for non-taxable items totaling $8,858.82 ($894.75) 2. The contract amount and time for performance provisions of Section II "Time of Completion," and Section III, "Compensation," are modified as follows: Original Contract Sum, $49,142.14 including applicable WSST Net Change by Previous Amendments $0 including applicable WSST Current Contract Amount $49,142.14 including all previous amendments Current Amendment Sum $-871.32 Applicable WSST Tax on this $-871.32 Amendment Revised Contract Sum $48,270.84 AMENDMENT - 1 OF 2 Original Time for Completion 06/30/2025 (insert date) Revised Time for Completion under NA prior Amendments (insert date) Add'1 Days Required (f) for this 0 calendar days Amendment Revised Time for Completion 06/30/2025 (insert date) The Consultant or Vendor accepts all requirements of this Amendment by signing below, by its signature waives any protest or claim it may have regarding this Amendment, and acknowledges and accepts that this Amendment constitutes full payment and final settlement of all claims of any kind or nature arising from or connected with any work either covered or affected by this Amendment, including, without limitation, claims related to contract time, contract acceleration, onsite or home office overhead, or lost profits. This Amendment, unless otherwise provided, does not relieve the Consultant or Vendor from strict compliance with the guarantee and warranty provisions of the original Agreement. All acts consistent with the authority of the Agreement, previous Amendments (if any), and this Amendment, prior to the effective date of this Amendment, are hereby ratified and affirmed, and the terms of the Agreement, previous Amendments (if any), and this Amendment shall be deemed to have applied. The parties whose names appear below swear under penalty of perjury that they are authorized to enter into this Amendment, which is binding on the parties of this contract. IN WITNESS, the parties below have executed this Amendment, which will become effective on the last date written below. CONSULTANT/VENDOR: CITY OF KENT: �9 cg e des ) /Ir1� I�\ 3ryce Be�nge(Apr30,204O110 PDT) BYc.:rin Pee;Apr Zt,202421:35 POT) Print Name: Bryce Berge Print Name: Garin Lee Its President Its: Park Operations Superintendent DATE: Apr 30, 2024 DATE: Apr 21,2024 ATTEST: APPROVED AS TO FORM: (applicable if Mayor's signature required) Kent City Clerk Kent Law Department AMENDMENT - 2 OF 2 Signature: lktW �� Melissa McCormick(Apr 30,2024 08:49 PDT) Email: cityclerk@kentwa.gov OPS-041924-EntreprisesUSA-ArborHeightsClim bingWall Final Audit Report 2024-04-30 Created: 2024-04-19 By: Shayla Ott(sott@kentwa.gov) Status: Signed Transaction ID: CBJCHBCAABAAuk-xRPCXWu_a9rAUXpZ_KVvzlYvPL7p8 "OPS-041924-EntreprisesUSA-ArborHeightsClimbingWall" Histo ry Document created by Shayla Ott (sott@kentwa.gov) 2024-04-19-5:51:29 PM GMT Document emailed to glee@kentwa.gov for signature 2024-04-19-5:53:44 PM GMT Email viewed by glee@kentwa.gov 2024-04-22-4:34:42 AM GMT d4 Signer glee@kentwa.gov entered name at signing as Garin Lee 2024-04-22-4:35:11 AM GMT d4 Document e-signed by Garin Lee (glee@kentwa.gov) Signature Date:2024-04-22-4:35:13 AM GMT-Time Source:server Document emailed to b.benge@epclimbing.com for signature 2024-04-22-4:35:14 AM GMT Email viewed by b.benge@epclimbing.com 2024-04-30-1:54:44 PM GMT C'► New document URL requested by b.benge@epclimbing.com 2024-04-30-1:54:51 PM GMT �p Signer b.benge@epclimbing.com entered name at signing as Bryce Benge 2024-04-30-2:10:44 PM GMT dp Document e-signed by Bryce Benge (b.benge@epclimbing.com) Signature Date:2024-04-30-2:10:46 PM GMT-Time Source:server Powered by Adobe ENT Acrobat Sign Document emailed to Kim Komoto (kkomoto@kentwa.gov)for signature 2024-04-30-2:10:47 PM GMT Email viewed by Kim Komoto (kkomoto@kentwa.gov) 2024-04-30-3:05:48 PM GMT Document e-signed by Kim Komoto (kkomoto@kentwa.gov) Signature Date:2024-04-30-3:06:26 PM GMT-Time Source:server Document emailed to cityclerk@kentwa.gov for signature 2024-04-30-3:06:28 PM GMT Email viewed by cityclerk@kentwa.gov 2024-04-30-3:16:17 PM GMT d4 Signer cityclerk@kentwa.gov entered name at signing as Melissa McCormick 2024-04-30-3:49:01 PM GMT �p Document e-signed by Melissa McCormick (cityclerk@kentwa.gov) Signature Date:2024-04-30-3:49:03 PM GMT-Time Source:server Q Agreement completed. 2024-04-30-3:49:03 PM GMT Powered by Adobe �� KENT Acrobat Sign