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HomeMy WebLinkAboutC2021-005.2 - A & H Painting1 Contract No. C2021-005.2 SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND A & H PAINTING, INC. THIS SECOND AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT (this “Second Amendment”) is entered into upon execution, between the Town of Fountain Hills, an Arizona municipal corporation (the “Town”) and A & H Painting, Inc., a(n) Arizona corporation (the “Consultant”). RECITALS A. 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”). B. The Town and the Consultant amended the Agreement via Amendment No. 1, (“First Amendment”) dated May 4, 2021, to (i) extend the term of the Agreement, (ii) provide for compensation, and (iii) edit the scope. All capitalized terms not otherwise defined in this Second Amendment have the same meanings as contained in the Agreement. C. The Town and the Consultant desire to enter this Second Amendment to amend the Agreement to provide for compensation to the Consultant for the Services. 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: 1. Compensation. The Town shall pay Consultant an amount not to exceed $27,730 for the Services, resulting in an increase of the cumulative contract amount from $134,340 to $158,070. 2. 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. 2 3. Non-Default. By executing this Second 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 Second 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 Second Amendment are forever waived. 5. Conflict of Interest. This Second Amendment t and the Agreement may be cancelled by the Town pursuant to Ariz. Rev. Stat. § 38-511. [SIGNATURES ON FOLLOWING PAGES] 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. Klein, Town Clerk APPROVED AS TO FORM: Aaron D. Arnson, Town Attorney [SIGNATURES CONTINUE ON FOLLOWING PAGES] Elizabeth Klein (Nov 3, 2021 09:55 PDT) “Contractor” ____________________________________, By: Name: Title: A&H Painting, Inc. Glenda W. Hernandez (Oct 11, 2021 18:49 PDT) Glenda W. Hernandez President Glenda W. Hernandez EXHIBIT B TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE TOWN OF FOUNTAIN HILLS AND A&H PAINTING, INC. [Quote or Work Order] See following pages. ESTIMATE Date 9/21/2021 Estimate No. 092121-01 Name/Address Town of Fountain Hills 16705 East Avenue of the Fountains Fountain Hills, AZ 85268 Ship To SEE DETAIL 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 / # Cumminity 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 ADDITIONAL WORK AT COMMUNITY CENTER Interior Painting WALL REPAIRS AT LOBBY AREA 1 7,700.00 7,700.00 SCOPE: - Install thick plastic on entire Lobby floors to protect sealer recently applied - Cut around and replace damaged drywall, patch all damaged drywall, apply 1 coat of primer and 2 coats of paint. ** We need 3 days to complete this work. Interior Painting ADDITIONAL PAINTING: Lobby reception half wall to be painted in brown and trade damages touch ups in several areas 1 950.00 950.00 Thank you for the opportunity!! $8,650.00 $8,650.00 $0.00 ESTIMATE Date 7/23/2021 Estimate No. 072321-02 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 / # Drywall Rep 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 DRYWALL REPAIRS SCOPE OF WORK: Replace crooked drywall panels where surface is uneven - as needed, cut, retape, patch and retexture to match existing as close as possible the joint tape lines currently visible. AREAS INCLUDED: Areas next to doors where signs were removed, hallways walls showing drywall joint tape lines, walls showing uneven surfaces (crooked panels) COST: Materials Materials 1 1,980.00 1,980.00 Labor Labor to complete this project 1 7,550.00 7,550.00 Thank you for the opportunity!! $9,530.00 $9,530.00 $0.00