The URL can be used to link to this page

Home My WebLink AboutC2021-005.1 - A & H Painting IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth A. Klein (May 6, 2021 07:16 PDT) Elizabeth A. Klein “Contractor” ____________________________________, By: Name: Title: A&H Painting, Inc. Glenda W. Hernandez (Apr 9, 2021 15:12 PDT) Glenda W. Hernandez President Glenda W. Hernandez 1 Contract No. C2021-005.1 FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND A&H PAINTING, INC. THIS FIRST AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “First Amendment”) is entered into as of May 4, 2021, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and A&H Painting, Inc., an Arizona corporation (the “Consultant”). RECITALS A. The Town issued a Request for Proposals, RFP No. 2020-084 (the “RFP”), a copy of which is on file with the Town and incorporated herein by reference, seeking proposals from vendors interested in providing professional services consisting of Community Center, Museum & Library Exterior Painting work (the “Services”). B. The Vendor responded to the RFP by submitting a proposal (the “Proposal”), which was deemed responsive. C. The Town and the Consultant entered into a Professional Services Agreement (the “Agreement”), dated August 24, 2020, for the Consultant to provide painting services (the “Services”). All capitalized terms not otherwise defined in this First Amendment have the same meanings as contained in the Agreement. D The Town has determined that it is necessary to extend the Agreement with the Consultant for Services. E. The Town and the Consultant desire to enter this First Amendment to amend the Agreement to (i) extend the term of the Agreement, (ii) provide for compensation to the Consultant for the Services, and (iii) amend the scope of work per Exhibit A-1. AGREEMENT NOW, THEREFORE, in consideration of the foregoing introduction and recitals, which are incorporated herein by reference, the following mutual covenants and conditions, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Town and the Consultant hereby agree as follows: 2 1. Term of Agreement. The term of the Agreement is hereby extended until June 30, 2022, unless terminated as otherwise provided pursuant to the terms and conditions of the Agreement. 2. Scope of Work. Vendor shall provide the Services as set forth in Exhibit A-1. 3. Compensation. The Town shall pay Consultant an amount not to exceed $63,040 for the Services, resulting in an increase of the cumulative contract amount from $71,300 to $134,340. 4. Notices and Requests. Any notice or other communication required or permitted to be given under this Agreement shall be in writing and shall be deemed to have been duly given if (A) delivered to the party at the address set forth below, (B) deposited in the U.S. Mail, registered or certified, return receipt requested, to the address set forth below or (C) given to a recognized and reputable overnight delivery service, to the address set forth below: If to the Town: Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Grady E. Miller, Town Manager With Copy to : Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, Arizona 85268 Attn: Aaron D. Arnson, Town Attorney If to Consultant: A&H Painting, Inc. P.O. Box 10126 Glendale, Arizona 85318 Attn: Glenda W. Hernandez or at such other address, and to the attention of such other person or officer, as any party may designate in writing by notice duly given pursuant to this subsection. Notices shall be deemed received (A) when delivered to the party, (B) three business days after being placed in the U.S. Mail, properly addressed, with sufficient postage or (C) the following business day after being given to a recognized overnight delivery service, with the person giving the notice paying all required charges and instructing the delivery service to deliver on the following business day. If a copy of a notice is also given to a party’s counsel or other recipient, the provisions above governing the date on which a notice is deemed to have been received by a party shall mean and refer to the date on which the party, and not its counsel or other recipient to which a copy of the notice may be sent, is deemed to have received the notice. 5. Effect of Amendment. In all other respects, the Agreement is affirmed and ratified and, except as expressly modified herein, all terms and conditions of the Agreement shall remain in full force and effect. 3 6. Non-Default. By executing this First Amendment, the Consultant affirmatively asserts that (i) the Town is not currently in default, nor has it been in default at any time prior to this First Amendment, under any of the terms or conditions of the Agreement and (ii) any and all claims, known and unknown, relating to the Agreement and existing on or before the date of this First Amendment are forever waived. 7. Israel. Consultant certifies that it is not currently engaged in, and agrees for the duration of this Agreement that it will not engage in a “boycott,” as that term is defined in Ariz. Rev. Stat. § 35-393, of Israel. 8. Conflict of Interest. This First Amendment and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 4 IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first set forth above. “Town” TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation Grady E. Miller, Town Manager ATTEST: Elizabeth A. Burke, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney (ACKNOWLEDGMENT) STATE OF ARIZONA ) ) ss. COUNTY OF MARICOPA ) On ___________________, 2018, before me personally appeared Grady E. Miller, the Town Manager of the TOWN OF FOUNTAIN HILLS, an Arizona municipal corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he claims to be, and acknowledged that he signed the above document, on behalf of the Town of Fountain Hills. Notary Public (Affix notary seal here) [SIGNATURES CONTINUE ON FOLLOWING PAGE] 5 “Consultant” A& H Painting, INC., an Arizona corporation By: Name: Title: (ACKNOWLEDGMENT) STATE OF ___________________ ) ) ss. COUNTY OF _________________ ) On ________________________, 2021, before me personally appeared _____________ ________________________, the _____________________ of C&S SWEEPING SERVICES, INC., an Arizona corporation, whose identity was proven to me on the basis of satisfactory evidence to be the person who he/she claims to be, and acknowledged that he/she signed the above document on behalf of C&S Sweeping Services. Notary Public (Affix notary seal here) 4812-9512-1024 v.1 EXHIBIT A-1 TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND A&H PAINTING, INC., [Scope of Work/Fees] See following pages. ESTIMATE Date 3/26/2021 Estimate No. 032621-01 Name/Address Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Ship To Community Center Interior Painting A&H Painting, Inc. PO BOX 10126 GLENDALE, AZ 85318 Ph: 602-439-1484 Fax 602-896-3057 www.aandhpainting.com Terms Net 30 Project Name / # Interior Comm Contract # TBC Send Purchase order to:glenda@aandhpainting.com or fax (602)896-3057 Total Subtotal Sales Tax (0.0%) Item Description Qty Rate Total COMMUNITY CENTER INTERIOR PAINTING SCOPE OF WORK: Preparation of wall areas to be painted, patch and seal all cracks and holes on walls to match existing texture, tape off items not being painted, cover floors, protect all surrounded areas, apply primer where needed and two coats of paint. AREAS INCLUDED: Walls, Ceilings, Doors and frames, window frames - See drawing attached. COST: Materials Materials 1 17,490.00 17,490.00 Labor Labor to complete this project 1 37,200.00 37,200.00 Equipment Ren...Equipment Rental: Includes Scissors lift, storage, Dumpster and trash haul-away service.1 8,350.00 8,350.00 PRODUCTS: Dunn Edwards Versa- Satin for Drywall Aristo-shield for Metals ** Customer to remove all items from walls to be painted, furniture needs to be at least 4' away from walls, we will tape and paint around items affixed on walls. Thank you for the opportunity!! $63,040.00 $63,040.00 $0.00 EXHIBIT A-1 Signature Pages Final Audit Report 2021-04-09 Created:2021-04-09 By:Rob Durham (rdurham@fh.az.gov) Status:Signed Transaction ID:CBJCHBCAABAAQZGmv1_pxgKXvDAGr60i08_gcF5YXFin "Signature Pages" History Document created by Rob Durham (rdurham@fh.az.gov) 2021-04-09 - 6:28:17 PM GMT- IP address: 184.178.192.162 Document emailed to Glenda W. Hernandez (glenda@aandhpainting.com) for signature 2021-04-09 - 6:29:53 PM GMT Email viewed by Glenda W. Hernandez (glenda@aandhpainting.com) 2021-04-09 - 6:30:14 PM GMT- IP address: 174.197.75.254 Document e-signed by Glenda W. Hernandez (glenda@aandhpainting.com) Signature Date: 2021-04-09 - 10:12:25 PM GMT - Time Source: server- IP address: 189.204.104.68 Agreement completed. 2021-04-09 - 10:12:25 PM GMT