HomeMy WebLinkAbout2019-270 20200152 Amendment #1 Improvement Agreement KOGAP
AMENDMENT NO. 1
to
IMPROVEMENT AGREEMENT
between
THE CITY OF ASHLAND,
an Oregon municipal corporation,
City")
and
KOGAP ENTERPRISES,
("Contractor")
for
NORTH MAIN REFUGE ISLAND IMPROVEMENTS
RECITALS
A. The City and Contractor previously entered into a Personal Services Agreement
effective September 9, 2019 (the "Agreement") to Contractor provide North Main Refuge
Island Improvements; and
B. The City and Contractor wish to amend the Agreement to extend the term of the
Agreement.
AGREEMENT
NOW THEREFORE, in consideration of the mutual benefits and obligations set forth
herein, the parties agree as follows:
1. Amend the Completion Date as follows, with strikeout wording deleted and underscored
wording added:
COMPLETION DATE: September- 39, 2019 November 30.2019
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. I to be signed in their
respective names by their duly authorized representatives as of the dates set forth below:
Page 1 of 2: Amendment No. 1 to Personal Services Agreement
CITY OF ASHLAND, OREGON KOGAP ENTERPRISES
(CONTRACTOR)
By: By
Printed Name: /a.*wt. G ~iZe c.~,J Printed Name: Christian Istel
Title: pod 07 a,&cfky-z- Title: Chief Operating Officer
Date: 30 5/'W ze Date: 09/26/19
Page 2 of 2: Amendment No. I to Personal Services Agreement
Purchase Order
FrFA il Fiscal Year 2020 Page: 1 of: 1
,IS PO NUMBI a?
B City of Ashland 1N%P01'FS Nu SHHPPING ~J0~~IAIFE-N FS i
ATTN: Accounts Payable Purchase
L 20 E. Main 20200152
Ashland, OR 97520 Order #
T Phone: 541/552-2010
O Email: payable@ashland.or.us
V H `C/O Public Works Department
E KOGAP ENTERPRISES, INC 1 51 Winburn Way
N 115 W STEWART AVE STE 202
D MEDFORD, OR 97501 P Phone 5/488- 347
O TO Fax: 541/488-6006
R
541 776-6547 Paula Brown
09/13/2019 377 FOB ASHLAND OR Cit Accounts Pa able
N Main Island Improvements
1 MODIFIED: North Main Refuge Island Improvements 1 $79,500.0000 $79,500.00
Improvement Agreement
Completion date: 09/30/2019
Processed change order 10/04/2019
Completion date is extended to November 30, 2019
Project Account: E-201803-999
GL SUMMARY
081200 - 704200 $79,500.00
I
By:~ Date: ~l~C' G 5
Authorized Signature '-fl CALL $79,500.00
FORM #11) CITY OF
CONTRACT AMENDMENT APPROVAL REQUEST FORM ASHLAND
Request for a Change Order
Name of Supplier t Contractor I Consultant: KOGAP Enterprises Total amount of this
contract amendment:
Purchase Order Number:
Title l Description: North Main Refuge Island Improvements $ date change only
0 Per attached contract amendment
Contract Amendment
Original contract amount $ 100 % of original contract
Total amount of previous contract amendments % of original contract
Amount of this contract amendment % of original contract
TOTAL AMOUNT OF CONTRACT $ % of original contract
In accordance with 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' (If "NO", requires Council approval 1 Attach copy of CC.)
Sourcing Method:
SMALL PROCUREMENT - Less than $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 25% of original contract amount or $250,000 cumulative amendments:- $100K for Goods & Services,
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 Communication. ❑ Exempt -Reason:
❑ "YES", Direct appointments $35,000 ❑ Exempt- Reason:
❑ If "NO", requires approval.
INTERMEDIATE PROCUREMENT SOLE SOURCE EMERGENCY PROCUREMENT
Goods & Services - $5,000 to $100,000 ❑ "YES", the total amount of cumulative amendments ❑ Written Findings: Document the nature of the
Personal Services - $5,000 to $75,000 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
❑ Exem t-Reason: ❑ Exem t-Reason: ❑ Exem t-Reason:
SPECIAL PROCUREMENT INTERGOVERNMENTAL AGREEMENT
❑ "YES", the total amount of original contract and cumulative amendments are ❑ "YES", the original contract was approved by City Council.
within the amount and terms initially approved by Council as a Special Provide date approved by City Council: (Date)
Procurement. If "NO", Council approval is required. Attach copy of Council Communication.
❑ If "NO", amount exceeding authority requires Council approval. ❑ Contract amendment approved and signed by City Administrator.
Attach copy of Council Communication.
Expenditure must be charged o the app2pnIatte~account numbers for the financials to reflect the actual expenditures accurately.
Employee Signature:L&1 J - 6jgl Wpartment Head Signature: ~s r
(Total amount of contract $5,000)
City Administrator:
(Equal to or greater than $25,000 or 10%)
Funds appropriated for current fiscal year: YES / NO
Deptury 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, 3/1512018