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Home My WebLink About2017-012 CONT Addendum - Brown, Chudleigh, Schuler, Meyers & Assoc ADDENDUM TO CITY OF ASHLAND CONTRACT FOR PERSONAL SERVICES LESS THAN $35,000 Addendum made this 19th day of January, 2017, between the City of Ashland ("City") and Brown, Chudleigh, Schuler, Myers and Associates ("Consultant"). Recitals: A. On December 19, 2016, City and Consultant entered into a "City of Ashland Contract for Personal Services Less than $35,000" (further referred to in this addendum as "the agreement"). B. The parties desire to amend the agreement to extend the date of the completion and modify the project. 1. The date for completion as specified in Paragraph 4 of the agreement is extended to February 15, 2017. The maximum price as specified in Paragraph 5 of the agreement is increased to $6, 750.00. 2. The scope of services is modified to add an additional appraisal to include the deed restriction as per the letter dated January 13, 2017, attached as Exhibit A. 3. Except as modified above the terms of the agreement shall remain in full force and effect. CONSULT T: CITY OF AS LAND: BY ~ BY De artment Head Its ~v~ P*Y/ 4 1,~~ •2 Date ~ : c 7 DATE / aG Purchase Order # Acct. No.: (For City purposes only) i EXHIBITA BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES LAWRENCE E. BROWN, MAI CRE (1942-1990) WALTER H. CHUDLEIGH III, MAI GREGORY S. SCHULER DEAN A. MYERS January 13, 2017 Michael A. Black, AICP Director, Ashland Parks and Recreation Commission 340 South Pioneer Street Ashland, Oregon 97520 VIA EMAIL and USPS michael.black@ashland.or.us Reference: Appraisal of the 6.56 acre parcel known as the YMCA soccer field and park in Ashland, Oregon. Dear Mr. Black: In our meeting yesterday, you informed us of a deed restriction affecting the above referenced property under appraisal. We had completed the appraisal without any knowledge of this deed restriction, nor did we have a title report that was submitted to us for our review. As a result, we prepared an appraisal with a zoning of R-2, free and clear of any deed restriction. As you indicated, the concluded market value without the deed restriction would be good to have in your negotiations with the YMCA as it relates to this property. Nevertheless, we are essentially providing two appraisals on the property, one with the deed restriction and one which is hypothetical without the deed restriction. This is an unfortunate circumstance for both the Ashland Parks Department and our firm. In order to find an equitable solution to this problem, I am proposing that we would not charge a full fee for a valuation of the property with the deed restriction. However, I think you would agree that some compensation for the additional work on our part is reasonable given the circumstances. With that in mind, I would propose an additional fee of $1,800 which is approximately 36 percent of the original contracted fee of $4,950. This additional fee will cover some of the cost of our preparation of an additional appraisal of the property with the deed restriction. In addition, we will provide the depreciated replacement cost value of the restroom building, parking lot, and concrete on-site. WESTERN REGION OFFICE: 2800 BIDDLE ROAD MEDFORD, OREGON 97504 (541) 776-7530 FAX (541) 842-2873 MOUNTAIN STATES OFFICE: 1500 E. KEARNS, SUITE E-303 PARK CITY, UTAH (435) 649-5906 CASCADE CHARTER COMPANY. LLC ' EXHIBIT A If this meets with your approval, please modify your existing contract, or send us contract for additional work, whichever is appropriate for the Ashland Parks Department. Thank you for your consideration in this matter, and we look forward to meeting with you now that we have received the materials that you said you would provide in our meeting yesterday. Please call so we can schedule a meeting. Thank you for your consideration in this matter. Respectfully submitted, BROWN, CHUDLEIGH, SCHULER, MYERS, AND ASSOCIATES 0~ e; 44L Gregory S. Schuler NSH`~ - Purchase Order Y~ Fiscal Year 2017 Page: 1 of: 1 S& RECfk `h E 77A M -a B Ashland Parks Commission - - I ATTN: Accounts Payable L 20 E. Main Purchase 496 L Ashland, OR 97520 Order # T Phone: 541/552-2010 O Email: payable@ashland.or.us V BROWN, CHUDLEIGH, SCHULER, MEYER & ASSOC. S C/O Parks Department H Admin Office E CASCADE CHARTER COMPANY, LLC I N 2800 BIDDLE ROAD P 340 South Pioneer D MEDFORD, OR 97504 Ashland, OR 97520 O T Phone: 541/488-5340 R O Fax: 541/488-5314 Len iDcP-1 n- N~amb TO ~~s c a~__N UmI a UK- _ - e: t l - _ - - - Michael Black Da 61-000 d IT n 01/12/2017 2712" Parks Accounts Pa able ---~'e~MIPr- b- Appraisal - YMCA Property 1 Professional appraisal services for YMCA property 1 $4,950.0000 $4,950.00 Contract for Personal Services less than $35,000 Beginning date: 12/1512016 .Completion date: 01/20/2017 2 ADDED: Processed change order 01/26/2017 1 $1,800.0000 $1,800.00 Completion date extended to February 15,2017 Additional appraisal with deed restriction GL SUMMARY 123000 - 604100 $6,750.00 --.Authorize Signature ` _ _ $6,750.00 FORM #-10 CITY OF CONTRACT AMENDMENT APPROVAL REQUEST FORM PASHLAND Request for a Change Order Name of Supplier I Contractor I Consultant: Brown, Chudleigh, Schular, Myers & Assoc. Total amount of this contract amendment: Purchase Order Number: 496 Title 1 Description: Appraisal for YMCA $ 1,800.00 ® Per attached contract amendment Contract Amendment Original contract amount $ $4,950 100 % of original contract Total amount of previous contract amendments -0- % of original contract Amount of this contract amendment $1,800 36 % of original contract TOTAL AMOUNT OF CONTRACT $ $6,750 136 % 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 $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, s 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 appointment $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 ❑ Exempt - Reason: ❑ Exem t - Reason: ❑ Exempt - 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 co of Council Communication. Project Number _ _ _ _ _ _ - _ _ _ Account Number 123000-6041001411.12.00.00.604100 *Expenditure must be charged to the appropriate account numbers for the financials to reflect the actual expenditures accurately. Attach extra pages if needed. Employee Signature:m Department Head Signature: ntract > 5,000) (Total Z 1C0 City Administrator: -tea equal to or greater than $25,000 or 10%) Funds appropriated for current fiscal year YES / NO 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, 1/19/2017