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HomeMy WebLinkAboutAnderson & Brabant Inc; 2012-11-28; CA928This PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 3 PROJECT NO. 7490 CA928 Descriptiqn_ and Fee Allotment, is entered into on --=---=--""""'Si~:w.,.c.-r----:-..c;..;;_~*'""~~·'/:-""-/-''=5'------:----:-:-:' pursuant to an Agreement between Anders & Bra ant, Inc., California corporation ("Contractor") and the City of Carlsbad, ("City") dated ovember 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide real estate appraisal services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated June 14, 2015, ("proposal"), attached as Appendix "A" for Fire Station No. 2, (the "Project"). The Project services shall include appraisal services for a proposed fire station on vacant land parcel number 216-590--19. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchsse Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within seven (7) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) working days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on time and materials basis. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,000. City Attorney Approved Version 1/30/13 CA928 TABLE 1 FEE ALLOTMENT REAL ESTATE APPRAISAL SERVICES TASK GROUP LUMP SUM FEE Appraisal of APN 216-590-19 for as a potential for site for $5,000. construction for city Fire Station No. 2. TOTAL (Not-to-Exceed) $5,000 Executed by Contractor this tJ£ day of __ az-=-C-i-=--S~Y ________ , 2015. CONTRACTOR ANDERSON & BRABANT, INC. a California corporation (name of Contractor) Byc;::2~ ~ (sign here) James Brabant I President (print name/title) CONTRACTOR ANDERSON & BRABANT, INC. a California corporation ~: Contractor) By~_t_Lv (sign here) ' Gilbert F. Kunkel I Treasurer (print name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. APPROVED AS TO FORM: CELIA A. BREWER, City Attorney BY: _&'----¥---=~):__~~(....::::..-1!:....<::J.o~~--=::=:::.~- Assistant City Attorn&y City Attorney Approved Version 1/30/13 2 APPENDIX "A" SCOPE OF WORK June 14, 2015 CA928 • Contractor will perform an appraisal of vacant land located at the intersection of the east side of El Camino Real and the north side of Arenal Road, APN 216-590-19 as a potential for site for construction for city Fire Station No. 2. • The scope of the appraisal will include collecting primary and secondary data relative to the subject property and its highest and best use. The depth of the analysis will be appropriate in relationship to the significance of the appraisal problem. The data will be analyzed and confirmed leading to the value conclusions set forth in the report. The valuation process will involve the utilization of all techniques and procedures considered appropriate to the assignment. • The first steps in the analysis will include a preliminary survey of the subject property and surrounding area in order to more accurately define the appraisal problem and identify the methods and techniques necessary to accomplish the objective of this appraisal report. • As part of the appraisal process, a conclusion of subject property highest and best use will be developed. The property highest and best use will be based on uses of the property that are legally allowable, physically possible and financially feasible. Consideration will be given to possible changes in land use/zoning and the reasonableness of the possibility of such changes. • The general area will be inspected for the purpose of identifying those specific boundaries within which data that could be considered relevant to this analysis would most likely be located. The intent of this inspection will be to also identify physical conditions, neighborhood development trends, and other factors that affect real property value. The trends in population, housing, employment, financing, and the real estate markets that might influence the subject property will be reviewed. The subject property will be inspected to ascertain its physical features such as topography, access, drainage, street improvements, and utilities. • The Sales Comparison, Cost, and Income Approaches are the three traditional techniques used in property valuation. Of these three, only the Sales Comparison Approach is considered to have applicability in the valuation of the subject property. The final step will entail the organization and drafting of the appraisal report. Total cost for services not to exceed: $5,000. City Attorney Approved Version 1/30/13 3 PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 2 PROJECT NO. 4040 CA928 This ;Se}:ond Project Task Descri tion and Fee Allotment, is entered into on ,; ,. \ '{1 , pursuant to an Agreement between Ande..rson & B bant, In ., a Californi corporation, ("Contractor") and the City of Carlsbad, ("City") de'tea November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide real estate appraisal services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated May 27, 2014, ("proposal"), attached as Appendix "A" for the Arroyo Vista Trail Extension, (the "Project"). The Project services shall include appraisal services for a proposed future public trail in fee simple and easement interest over assessor Parcel Nos. 264-469-09, 10, 11, 12, 13 and 14. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within ten ( 1 0) calendar days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within sixty (60) calendar days thereafter. Working days are defined in section 6-7.2 "Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on a percent complete basis. Appendix "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $5,400. City Attorney Approved Version 1/30/13 TABLE 1 FEE ALLOTMENT ARROYO VISTA TRAIL EXTENSION PROJECT NO 4040 Executed by Contractor this / 7 .fiJ day of __ .... J£..._-=.V-.!..t'\.~e_=------'20J.!f_. CONTRACTOR AJe~~.t~~;J~ AM~ I !Sfk&..rd, };.:_ (name of Contractor) B~±U~ (sign here) G; I bert F: l<vnkel frr-"~t.lrt''r (print name/t~le) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California By: ~ Date: J •ID·<4 GitDirector Chris Hazeltine APPROVED AS TO FORM: CELIA A BREWER, City Attorney City Attorney Approved Version 1/30/13 2 May 27,2014 Mr. Steven Jantz Associate Engineer CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 ANDERSON & BRABANT, INC. REAL ESTATE APPRAISERS AND CONSULTANTS 353 W. NINTH AVENUE ESCONDIDO, CALIFORNIA 92025·5032 TELEPHONE (760) 741·4146 FAX (760) 741-1049 SENT BY EMAIL ONLY Steve.Jantz@carlsbadca.gov Appendix 11 A11 Re: Proposal for Appraisal of Aroyo Vista Trail Extension Carlsbad, CA. APNs 264-460-09, 10, 11, 12, 13 and 14 Dear Mr. Jantz: This letter outlines our proposal to provide appraisal services for the properties identified below. The scope of the assignment will include an appraisal process and preparation of a report in a format consistent with requirements of the Uniform Standards of Professional Appraisal Practice (USP AP). It is understood that the appraisal will be used for initial offers to purchase from the respective property owners. Properties Appraised: Appraisal/Report: Interest Appraised: Date of Value/Conditions: Appraisal Fee: Completion Date: Scope of Work: Assumptions/Conditions: Sincerely, The properties appraised are residential lots improved with single family homes. The appraisal will address the total land value component for these parcels and the value of the proposed trail easements to be acquired. The trail easements will be located downslope from the developed site pad areas. The parcels to be appraised are identified by Assessor Parcel Numbers 264-460-09, 10, 11, 12, 13 and 14 USPAP compliant Fee simple and easement interest Current/Highest and Best Use. $5,400 Not to exceed 45 days from date of authorization to proceed. Appraisal to conform to USP AP guidelines. The analysis will consider all applicable valuation approaches. Client is to provide property and project information in a timely manner. The opinion of value will be provided for the land component of the property only. The improvements on the site will not be included in the value opinion. The appraisal will be subject to Anderson & Brabant, Inc. standard assumptions and limiting conditions and special assumptions and limiting conditions as agreed to by client and appraiser. ANDERSON & BRABANT, INC. ~ Gilbert F. Kunkel, MAl PROJECT TASK DESCRIPTION AND FEE ALLOTMENT N0.1 PROJECT NO. 3492 CA928 and Fee Allotment, is entered into on .,..-.f..t-.P..~~=-L.,IL..,~.u...L.-'>:f-.,.,..--,-----:-:-' pursuant to an Agreement between Anae son & Brabant, Inc., a California corporation, ("Contractor") and the City of Carlsbad, ("City") dated November 28, 2012, (the "Agreement"), the terms of which are incorporated herein by this reference. 1. CONTRACTOR'S OBLIGATIONS Contractor shall provide land appraisal services in accordance with the "Project Engineer's Manual", 2001 edition, as published by the City's Engineering Department, City "Standards for Design & Construction of Public Works Improvements in the City of Carlsbad," and the proposal dated March 8, 2013, ("proposal"), attached as Appendix "A" for the Agua Hedionda Lift Station and Forcemain, (the "Project"). The Project services shall include appraisal services for a proposed sewer easement over Assessor Parcel No. 210-010-41. 2. PROGRESS AND COMPLETION Contractor's receipt of this Project Task Description and Fee Allotment, signed by the City Manager or Director and a Purchase Order from the City's Purchasing Department, constitutes notification to proceed to the Contractor. Contractor shall begin work within five (5) working days after receiving this fully executed document and a City Purchase Order. Contractor shall complete the work within thirty (30) working days thereafter. Working days are defined in section 6-7.2 'Working Day" of the Standard Specifications for Public Works Construction (Green Book). In no event shall Contractor work beyond the term or authorized compensation of the Agreement, as amended by this Project Task Description and Fee Allotment. 3. FEES TO BE PAID TO THE CONTRACTOR Contractor's compensation for the Project is shown in Table 1, "Fee Allotment", herein. Fees shall be paid on the basis of time and materials for each task group shown in Table 1. Progress payments shall be based on a percent complete basis. Appendix· "A", attached, prepared by Contractor and reviewed by City, shows the parties' intent as to the elements, scope and extent of the task groups. Contractor acknowledges that performance of any and all tasks by the Contractor constitutes acknowledgment by Contractor that such tasks are those defined in Appendix "A". Additional task groups, not shown in Table 1 or Appendix "A", will be performed by the Contractor only upon authorization of the City through the mechanism of a separate Project Task Description and Fee Allotment and Purchase Order. In the event that City directs Contractor to curtail or eliminate all, or portions of the task groups identified in Table 1 or Appendix A, then the Contractor shall only invoice the City for work actually performed. The maximum total cost of Contractor's services for this Project Task Description and Fee Allotment is $10,000. City Attorney Approved Version 1/30/13 1 TABLE 1 FEE ALLOTMENT AGUA HEDIONDA LIFT STATION AND FORCEMAIN PROJECT NO. 3492 TASK GROUP LUMP SUM FEE Appraisal Services per Appendix A $10,000 TOTAL (Not-to-Exceed) $10,000 Executed by Contractor this / f day of lf1~.-"c h. '2013. CONTRACTOR ANDERSON & BRABANT, INC., a California corporation (name of Contractor) By:~ (Si9n here) ANDERSON & BRABANT, INC., a California corporation (name of Contractor) By~ts u.A 7tbf (sign here) bdk-f '(. K.w/4/ , 1ft~,_ r ('Pfint name/title) If Contractor is a corporation, this document must be signed by one individual from each column: Column A Chairman, President or Vice-President Column B Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. SBAD, a municipal corporation of the State of California Date: ---"'4'-«~.L..LL.~-3"---- Director APPROVED AS TO FORM: CELIA A. BREWER, City Attorney City Attorney Approved Version 1/30/13 2 APPENDIX A March 8, 2013 Mr. Mark Biscup Associate City Engineer CITY OF CARLSBAD 1635 Faraday Avenue Carlsbad, CA 92008 ANDERSON & BRABANT, INC. REAL FSTATE APPRAISERS AND CONSULTANTS 353 W. NINTH AVENUE ESCONDIDO, CALIFORNIA 92025·5032 TELEPHONE (760) 741-4146 FAX (760) 74H049 SENT BY EMAIL ONLY Mark.Biscup@carlsbadca.gov Re: Proposal for Appraisal of Cabrillo Property Carlsbad, CA. APN 210-010-41 (Ptn. Old APN 210-010-37) Dear Mr. Biscup: This letter outlines our proposal to provide appraisal services for the property identified below. The scope of the assignment will include a complete appraisal process and preparation of a Summary report in a format consistent with requirements of the Uniform Standards of Professional Appraisal Practice (USPAP). It is understood that the appraisal will be potentially used for an eminent domain acquisition and our report will meet the requirements for that use, subject to the assumptions and limiting conditions stated below. Property Appraised: Assessor Parcel No. 210-010-41, an approximate 31.01 acre parcel of land that is currently the site of old oil storage tanks and piping infrastructure. In addition to the larger parcel value estimate, the interest to be acquired in a utility easement (sewer lines and lift station) located near the westerly property boundary will be appraised. Appraisal/Report: Interest Appraised: Date of Value/Conditions: Appraisal Fee: Completion Date: Scope of Work: Assumptions/Conditions: Sincerely, Complete appraisal/Summary report Fee simple and easement interest Current/Highest and Best Use. $10,000 Not to exceed 60 days from date of authorization to proceed. Appraisal to conform to USPAP guidelines. The analysis will consider all applicable valuation approaches. Client is to provide property and project information in a timely manner. The opinion of value will be provided for the land component of the property only. The improvements on the site (storage tanks, etc.) will not be included in the value opinion. The appraisal will be subject to Anderson & Brabant, Inc. standard assumptions and limiting conditions and special assumptions and limiting conditions as agreed to by client and appraiser. ANDERSON & BRABANT, INC. Gilbert F. Kunkel, MAl MASTER AGREEMENT FOR REAL PROPERTY SERVICES (ANDERSON & BRABANT, INC.) CA928 HIS AGREEMENT is made and entered into as of the o(~?/u day of ' , 20 lc:t..: by and between the CITY OF CARLSBAD, a municipal corp ration, hereinafter referred to as "City", and ANDERSON & BRABANT, INC., a California corporation, hereinafter referred to as "Contractor." RECITALS A. City requires the professional services of an engineering consultant that is experienced in real property services. B. The professional services are required on a non-exclusive, project-by-project basis. C. Contractor has the necessary experience in providing professional services and advice related to real property services. D. Contractor has submitted a proposal to City and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, City and Contractor agree as follows: 1. SCOPE OF WORK City retains Contractor to perform, and Contractor agrees to render, those services (the "Services") that are defined in attached Exhibit "A", which is incorporated by this reference in accordance with this Agreement's terms and conditions. Contractor's obligations with respect to any project granted to Contractor under this Agreement will be as specified in the Task Description for the project (see paragraph 5 below). 2. STANDARD OF PERFORMANCE While performing the Services, Contractor will exercise the reasonable professional care and skill customarily exercised by reputable members of Contractor's profession practicing in the Metropolitan Southern California Area, and will use reasonable diligence and best judgment while exercising its professional skill and expertise. 3. TERM The term of this Agreement will be effective for a period of three years starting from the date first written above. 4. PROGRESS AND COMPLETION The work for any project granted to Contractor pursuant to this Agreement will begin within ten (1 0) days after receipt of notification to proceed by City and be completed within the time specified in the Task Description for the project (see paragraph 5 below). Extensions of time for a specific Task Description may be granted if requested by Contractor and agreed to in writing by the City Manager or the Division Director as authorized by the City Manager ("Director''). The City Manager or Director will give allowance for documented and substantiated unforeseeable and unavoidable delays not caused by a lack of foresight on the part of Contractor, or delays caused by City inaction or other agencies' lack of timely action. In no event shall a specific Task Description exceed the term of this Agreement. City Attorney Approved Version 2/17/12 5. COMPENSATION The cumulative total for all projects allowed pursuant to this Agreement will not exceed fifty thousand dollars ($50,000) for the term of the agreement; the total amount allowed per Project Task Description and Fee Allotment will not exceed fifty thousand dollars ($50,000). Fees will be paid on a project-by-project basis and will be based on Contractor's Schedule of Rates specified in Exhibit "A". Prior to initiation of any project work by Contractor, City shall prepare a Project Task Description and Fee Allotment (the "Task Description") which, upon signature by Contractor and for City, the City Manager or Director, will be considered a part of this Agreement. The Task Description will include a detailed scope of services for the particular project being considered and a statement of Contractor's fee to complete the project in accordance with the specified scope of services. The Task Description will also include a description of the method of payment and will be based upon an hourly rate, percentage of project complete, completion of specific project tasks or a combination thereof. 6. STATUS OF CONTRACTOR Contractor will perform the Services in Contractor's own way as an independent contractor and in pursuit of Contractor's independent calling, and not as an employee of City. Contractor will be under control of City only as to the result to be accomplished, but will consult with City as necessary. The persons used by Contractor to provide services under this Agreement will not be considered employees of City for any purposes. The payment made to Contractor pursuant to the Agreement will be the full and complete compensation to which Contractor is entitled. City will not make any federal or state tax withholdings on behalf of Contractor or its agents, employees or subcontractors. City will not be required to pay any workers' compensation insurance or unemployment contributions on behalf of Contractor or its employees or subcontractors. Contractor agrees to indemnify City within thirty (30) days for any tax, retirement contribution, social security, overtime payment, unemployment payment or workers' compensation payment which City may be required to make on behalf of Contractor or any agent, employee, or subcontractor of Contractor for work done under this Agreement. At the City's election, City may deduct the indemnification amount from any balance owing to Contractor. 7. SUBCONTRACTING Contractor will not subcontract any portion of the Services without prior written approval of City. If Contractor subcontracts any of the Services, Contractor will be fully responsible to City for the acts and omissions of Contractor's subcontractor and of the persons either directly or indirectly employed by the subcontractor, as Contractor is for the acts and omissions of persons directly employed by Contractor. Nothing contained in this Agreement will create any contractual relationship between any subcontractor of Contractor and City. Contractor will be responsible for payment of subcontractors. Contractor will bind every subcontractor and every subcontractor of a subcontractor by the terms of this Agreement applicable to Contractor's work unless specifically noted to the contrary in the subcontract and approved in writing by City. 8. OTHER CONTRACTORS The City reserves the right to employ other Contractors in connection with the Services. 9. INDEMNIFICATION Contractor agrees to indemnify and hold harmless the City and its officers, officials, employees and volunteers from and against all claims, damages, losses and expenses including attorneys fees arising out of the performance of the work described herein caused in whole or in part by any willful misconduct or negligent act or omission of the Contractor, any subcontractor, anyone 2 City Attorney Approved Version 2/17112 directly or indirectly employed by any of them or anyone for whose acts any of them may be liable. The parties expressly agree that any payment, attorney's fee, costs or expense City incurs or makes to or on behalf of an injured employee under the City's self-administered workers' compensation is included as a loss, expense or cost for the purposes of this section, and that this section will survive the expiration or early termination of this Agreement. 10. INSURANCE Contractor will obtain and maintain for the duration of the Agreement and any and all amendments, insurance against claims for injuries to persons or damage to.property which may arise out of or in connection with performance of the services by Contractor or Contractor's agents, representatives, employees or subcontractors. The insurance will be obtained from an insurance carrier admitted and authorized to do business in the State of California. The insurance carrier is required to have a current Best's Key Rating of not less than "A-:VII" OR with a surplus line insurer on the State of California's List of Eligible Surplus Line Insurers (LESLI) with a rating in the latest Best's Key Rating Guide of at least "A:X". 10.1 Coverages and Limits. Contractor will maintain the types of coverages and minimum limits indicated below, unless Risk Manager or City Manager approves a lower amount. These minimum amounts of coverage will not constitute any limitations or cap on Contractor's indemnification obligations under this Agreement. City, its officers, agents and employees make no representation that the limits of the insurance specified to be carried by Contractor pursuant to this Agreement are adequate to protect Contractor. If Contractor believes that any required insurance coverage is inadequate, Contractor will obtain such additional insurance coverage, as Contractor deems adequate, at Contractor's sole expense. 1 0.1.1 Commercial General Liability Insurance. $1,000,000 combined single-limit per occurrence for bodily injury, personal injury and property damage. If the submitted policies contain aggregate limits, general aggregate limits will apply separately to the work under this Agreement or the general aggregate will be twice the required per occurrence limit. 1 0.1.2 Automobile Liability (if the use of an automobile is involved for Contractor's work for City). $1,000,000 combined single-limit per accident for bodily injury and property damage. 1 0.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation limits as required by the California Labor Code. Workers' Compensation will not be required if Contractor has no employees and provides, to City's satisfaction, a declaration stating this. 1 0.1.4 Professional Liability. Errors and omissions liability appropriate to Contractor's profession with limits of not less than $1,000,000 per claim. Coverage must be maintained for a period of five years following the date of completion of the work. City's Initials Contractor's Initials D If box is checked, Professional Liability Insurance requirement is waived. 1 0.2. Additional Provisions. Contractor will ensure that the policies of insurance required under this Agreement contain, or are endorsed to contain, the following provisions: 3 City Attorney Approved Version 2/17/12 1 0.2.1 [) The City will be named as an additional insured on Commercial General Liability which shall provide primary coverage to the City. 1 0.2.2 . Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. 1 0.2.3 This insurance will be in force during the life of the Agreement and any extensions of it and will not be canceled without thirty (30) days prior written notice to City sent by certified mail pursuant to the Notice provisions of this Agreement. 10.3 Providing Certificates of Insurance and Endorsements. Prior to City's execution of this Agreement, Contractor will furnish certificates of insurance and endorsements to City. 10.4 Failure to Maintain Coverage. If Contractor fails to maintain any of these insurance coverages, then City will have the option to declare Contractor in breach, or may purchase replacement insurance or pay the premiums that are due on existing policies in order to maintain the required coverages. Contractor is responsible for any payments made by City to obtain or maintain insurance and City may collect these payments from Contractor or deduct the amount paid from any sums due Contractor under this Agreement. 10.5 Submission of Insurance Policies. City reserves the. right to require, at any time, complete and certified copies of any or all required insurance policies and endorsements. 11. BUSINESS LICENSE Contractor will obtain and maintain a City of Carlsbad Business License for the term of the Agreement, as may be amended from time-to-time. 12. ACCOUNTING RECORDS Contractor will maintain complete and accurate records with respect to costs incurred under this Agreement. All records will be clearly identifiable. Contractor will allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of records and any other documents created pursuant to this Agreement. Contractor will allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 13. OWNERSHIP OF DOCUMENTS All work product produced by Contractor or its agents, employees, and subcontractors pursuant to this Agreement is the property of City. In the event this Agreement is terminated, all work product produced by Contractor or its agents, employees and s_ubcontractors pursuant to this Agreement will be delivered at once to City. Contractor will have the right to make one (1) copy of the work product for Contractor's records. 14. COPYRIGHTS Contractor agrees that all copyrights that arise from the services will be vested in City and Contractor relinquishes all claims to the copyrights in favor of City. 4 City Attorney Approved Version 2/17/12 15. NOTICES The name of the persons who are authorized to give written notice or to receive written notice on behalf of City and on behalf of Contractor under this Agreement are: For Cit~{ For Contractor: Name Ski~ Hammann Name Gilbert Kunkel Title Trans~ortation Director Title Project Manager Dept Trans~ortation Address 353 West Ninth Avenue CITY OF CARLSBAD Escondido, CA 92025 Address 1635 Farada~ Avenue Phone (760) 741-4146 Carlsbad CA, 92008 Email gil@abvaluation.com Phone {760} 602-2751 Each party will notify the other immediately of any changes of address that would require any notice or delivery to be directed to another address. 16. CONFLICT OF INTEREST Contractor shall file a Conflict of Interest Statement with the City Clerk in accordance with the requirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall report investments or interests in all four categories. 17. GENERAL COMPLIANCE WITH LAWS Contractor will keep fully informed of federal, state and local laws and ordinances and regulations which in any manner affect those employed by Contractor, or in any way affect the performance of the Services by Contractor. Contractor will at all times observe and comply with these laws, ordinances, and regulations and will be responsible for the compliance of Contractor's services with all applicable laws, ordinances and regulations. Contractor will be aware of the requirements of the Immigration Reform and Control Act of 1986 and will comply with those requirements, including, but not limited to, verifying the eligibility for employment of all agents, employees, subcontractors and consultants whose services are required by this Agreement. 18. DISCRIMINATION AND HARASSMENT PROHIBITED Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment. 19. DISPUTE RESOLUTION If a dispute should arise regarding the performance of the Services the following procedure will be used to resolve any questions of fact or interpretation not otherwise settled by agreement between the parties. Representatives of Contractor or City will reduce such questions, and their respective views, to writing. A copy of such documented dispute will be forwarded to both parties involved along with recommended methods of resolution, which would be of benefit to both parties. The representative receiving the letter will reply to the letter along with a recommended method of resolution within ten (10) business days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a letter outlining the disputes will be forwarded to the City Manager. The City Manager will consider the facts and solutions recommended by each party and may then opt to direct a solution to the problem. In such cases, the action of the City Manager will be binding upon the parties involved, although nothing in this procedure will prohibit the parties from seeking remedies available to them at law. 5 City Attorney Approved Version 2/17/12 20. TERMINATION In the event of the Contractor's failure to prosecute, deliver, or perform the Services, City may terminate this Agreement for nonperformance by notifying Contractor by certified mail of the termination. If City decides to abandon or indefinitely postpone the work or services contemplated by this Agreement, City may terminate this Agreement upon written notice to Contractor. Upon notification of termination, Contractor has five (5) business days to deliver any documents owned by City and all work in progress to City at the address contained in this Agreement. City will make a determination of fact based upon the work product delivered to City and of the percentage of work that Contractor has performed which is usable and of worth to City in having the Agreement completed. Based upon that finding City will determine the final payment of the Agreement. Either party upon tendering thirty (30) days written notice to the other party may terminate this Agreement. In this event and upon request of City, Contractor will assemble the work product and put it in order for proper filing and closing and deliver it to City. Contractor will be paid for work performed to the termination date; however, the total will not exceed the lump sum fee payable under this Agreement. City will make the final determination as to the portions of tasks completed and the compensation to be made. 21. COVENANTS AGAINST CONTINGENT FEES Contractor warrants that Contractor has not employed or retained any company or person, other than a bona fide employee working for Contractor, to solicit or secure this Agreement, and that Contractor has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon, or resulting from, the award or making of this Agreement. For breach or violation of this warranty, City will have the right to annul this Agreement without liability, or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover, the full amount of the fee, commission, percentage, brokerage fees, gift, or contingent fee. 22. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees that any Agreement claim submitted to City must be asserted as part of the Agreement process as set forth in this Agreement and not in anticipation of litigation or in conjunction with litigation. Contractor acknowledges that if a false claim is submitted to City, it may be considered fraud and Contractor may be subject to criminal prosecution. Contractor acknowledges that California Government Code sections 12650 et seq., the False Claims Act applies to this Agreement and, provides for civil penalties where a person knowingly submits a false claim to a public entity. These provisions include false claims made with deliberate ignorance of the false information or in reckless disregard of the truth or falsity of information. If City seeks to recover penalties pursuant to the False Claims Act, it is entitled to recover its litigation costs, including attorney's fees. Contractor acknowledges that the filing of a false claim may subject Contractor to an administrative debarment proceeding as the result of which Contractor may be prevented to act as a Contractor on any public work or improvement for a period of up to five (5) years. Contractor acknowledges debarment by another jurisdiction is grounds for City to terminate this Agreement. 23. JURISDICTIONS AND VENUE Any action at law or in equity brought by either of the parties for the purpose of enforcing a right or rights provided for by this Agreement will be tried in a court of competent jurisdiction in the County of San Diego, State of California, and the parties waive all provisions of law providing for a change of venue in these proceedings to any other county. 6 City Attorney Approved Version 2/17112 24. SUCCESSORS AND ASSIGNS It is mutually understood and agreed that this Agreement will be binding upon City and Contractor and their respective successors. Neither this Agreement or any part of it nor any monies due or to become due under it may be assigned by Contractor without the prior consent of City, which shall not be unreasonably withheld. 25. ENTIRE AGREEMENT This Agreement, together with any other written document referred to or contemplated by it, along with the purchase order for this Agreement and its provisions, embody the entire Agreement and understanding between the parties relating to the subject matter of it. In case of conflict, the terms of the Agreement supersede the purchase order. Neither this Agreement nor any of its provisions may be amended, modified, waived or discharged except in a writing signed by both parties. Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill Ill 7 City Attorney Approved Version 2/17/12 26. AUTHORITY The individuals executing this Agreement and the instruments referenced in it on behalf of Contractor each represent and warrant that they have the legal power, right and actual authority to bind Contractor to the terms and conditions of this Agreement. Executed by Contractor this "2.t.f -1-1.. day of ~kw,be..-, 20 IZ-. CONTRACTOR ANDERSON & BRABANT, INC., a California corporation ~~ C/7*1 (sign here) Group A Chairman, President, or Vice-President CITY OF CARLSBAD, a municipal corporation of the State of California By:~ /J/lft ~ _ yor ATTEST: Group 8 Secretary, Assistant Secretary, CFO or Assistant Treasurer Otherwise, the corporation must attach a resolution certified by the secretary or assistant secretary under corporate seal empowering the officer(s) signing to bind the corporation. CITY OF CARLSBAD, a municipal corporation of the State of California APPROVED AS TO FORM: RONALD R. BALL, City Attorney 8 City Attorney Approved Version 2/17112 I CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE § 1189 Place Notary Seal Above I certify under PENAL TV OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. n Corporate Officer-Title(s): _______ _ D Corporate Officer-Title(s): _______ _ ~~idual )irtndividual RIGHT THUMBPRINT OF SIGNER [J Partner -:::J Limited D General Top of thumb here U Attorney in Fact I Trustee D Guardian or Conservator D Other: ________ _ RIGHT THUMBPRINT OF SIGNER IJ Partner -D Limited D General Top of thumb here D Attorney in Fact :::J Trustee D Guardian or Conservator D Other: ________ _ © 2010 National Notary Association· NationaiNotary.org • 1-800-US NOTARY (1-800-876-6827) Item #5907 EXHIBIT A RATE SCHEDULE RATE SCHEDULE Hourly Billing Rates Rate Term Appraiser Title Straight OT OT (2x) From To {1.5x) William Anderson Leader $225.00 NA NA 4/23/2012 Contract Term James Brabant Loader $225.00 NA NA 4/23/2012 Contract Term Gilbert Kunkel Leader $225.00 NA NA 4/23/2012 Contract Term David Ottley Sr. Appr $200.00 NA NA 4/23/2012 Contract Term Patricia M. Cypher Staff Appr $150.00 NA NA 4/23/2012 Contract Term Patricia B. Haskins Staff Appr $150.00 NA NA 4/23/2012 Contract Term Brian Flannery Staff Appr $150.00 NA NA 4/23/2012 Contract Term Benjamin Kunkel Staff Appr $150.00 NA NA 4/23/2012 Contract Term