HomeMy WebLinkAboutTagg Company, The; 2000-03-31;-
Agreement Cover Sheet
Please fill out section A and send this form with documents attached to the City Clerk for
routing for signatures. Once the documents are fully executed, they will be returned with this
form. When a purchase request is submitted, section B of this form should be completed and
this form should be sent to Purchasing along with a copy of the fully executed document.
SECTION A
Aareement TvDe (check one) de -&C &w&y
name of contractor
& Original Agreement - Amendment and Extension
- Master Agreement - Extension
- Amendment - Ratification
Aareement Reauirements (initial all items received)
% Proposals Received xc Notarization
- Sole Source Business License
- Insurance - Conflict of Interest
- Corporate Resolution
Oriainal Aareement Data
Amendments
Date of original agreement 000 .- No Amount
Term of original agreement 5ueafS No.- Amount
Dollar amount of original agreement No.- Amount
Extensions
Person with authority to renew
Number of allowable extensions
No -- Length
Length of allowable extensions
Aareement Processed By
Name: Dept.: &?? ,& Ext: d7ab
SECTION B
Purchase Requisition number:
Purchase Order number associated with original agreement, extensions and/or
amendments:
Rev. 12/l 7/99
r
AGREEMENT FOR REAL PROPERTY APPRAISAL SERVICES
OF OFFSITE MITIGATION PROPERTY REQUIRED FOR THE
CARLSBAD CITY GOLF COURSE PROJECT
THIS AGREEMENT is made and entered into as of the 3 / sz day of
/VW I I ’ 2000, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as “City”, and RANDY A. TAGG, MAI, dba, THE
TAGG COMPANY, hereinafter referred to as “Contractor.”
RECITALS
City requires the services of a real property appraisal Contractor to provide the
necessary consulting services for preparation of real property appraisal reports for four
(4) parcels in the City of Carlsbad; and Contractor possesses the necessary skills and
qualifications to provide the services required by the City;
NOW, THEREFORE, in consideration of these recitals and the mutual covenants
contained herein, City and Contractor agree as follows:
1. CONTRACTOR’S OBLIGATIONS
Contractor shall provide the real property appraisal services identified in attached
Exhibit “A” dated March 27, 2000 attached hereto and incorporated by reference herein.
2. CITY OBLIGATIONS
The City shall designate an authorized representative to coordinate the work
between the City and the Contractor. The City shall make available to Contractor
copies of all existing and available reports, studies, maps, drawings, photos, exhibits,
and other data and information relative to the work. The City shall pay Contractor is
accordance with fee schedule set forth in Exhibit “A.”
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rev. 12/28/99
c 3. PROGRESS AND COMPLETION
The work under this contract will begin within ten (10) days after receipt of
notification to proceed by the City and be completed within 30 calendar days of that
date. Extensions of time may be granted if requested by the Contractor and agreed to
in writing by the City Manager or his authorized representative. The City Manager or
his authorized representative will give allowance for documented and substantiated
unforeseeable and unavoidable delays not caused by a lack of foresight on the part of
the Contractor, or delays caused by City inaction or other agencies’ lack of timely
action.
4. FEES TO BE PAID TO CONTRACTOR
The total fee payable for the services to be performed on a time and materials
basis and shall not exceed $25,000 consisting of $20,000 for appraisal services and
$5,000 for land use planning and title reports. No other compensation for services will
be allowed except those items covered by supplemental agreements per Paragraph 8,
“Changes in Work.” Incremental payments, if applicable, should be made as outlined
in attached Exhibit “A.”
5. DURATION OF CONTRACT
This agreement shall extend for a period of 5 years from the date thereof. The
contract may be extended by the City Manager for 2 additional one (1) year periods or
parts thereof, based upon a review of satisfactory performance and the City’s needs.
The parties shall prepare extensions in writing indicating effective date and length of the
extended contract.
rev. 12/28/99
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6. PAYMENT OF FEES
Payment of approved items on the invoice shall be mailed to the Contractor
within 30 days of receipt of the invoice.
7. FINAL SUBMISSIONS
Within 5 days of completion and approval of the draft appraisal reports, the
Contractor shall deliver to the City five (5) bound copies of each of the 4 appraisal
reports along with copies of title reports, supplemental land use planning reports, and
all other related work produced for this project.
8. CHANGES IN WORK
If, in the course of the contract, changes seem merited by the Contractor or the
City, and informal consultations with the other party indicate that a change in the
conditions of the contract is warranted, the Contractor or the City may request a change
in contract. Such changes shall be processed by the City in the following manner: A
letter outlining the required changes shall be forwarded to the City by Contractor to
inform them of the proposed changes along with a statement of estimated changes in
charges or time schedule. A Standard Amendment to Agreement shall be prepared by
the City and approved by the City according to the procedures described in Carlsbad
Municipal Code Section 3.28.172. Such Amendment to Agreement shall not render
ineffective or invalidate unaffected portions of the agreement.
9. COVENANTS AGAINST CONTINGENT FEES
The Contractor warrants that their firm has not employed or retained any
company or person, other than a bona fide employee working for the Contractor, to
solicit or secure this agreement, and that Contractor has not paid or agreed to pay any
rev. 12128199
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company or person, other than a bona fide employee, any fee, commission,
percentage, brokerage fee, gilt, or any other consideration contingent upon, or resulting
from, the award or making of this agreement. For breach or violation of this warranty,
the City shall 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 such fee, commission, percentage, brokerage fees, gift, or contingent fee.
10. NONDISCRIMINATION CLAUSE
The Contractor shall comply with the state and federal laws regarding
nondiscrimination.
11. TERMINATION OF CONTRACT
In the event of the Contractor’s failure to prosecute, deliver, or perform the work
as provided for in this contract, the City Manager may terminate this contract for
nonperformance by notifying the Contractor by certified mail of the termination of the
Contractor. The Contractor, thereupon, has five (5) working days to deliver said
documents owned by the City and all work in progress to the City Manager or his
authorized representative. The City Manager or his authorized representative shall
make a determination of fact based upon the documents delivered to City of the
percentage of work which the Contractor has performed which is usable and of worth to
the City in having the contract completed. Based upon that finding as reported to the
City Manager, the Manager shall determine the final payment of the contract.
This agreement may be terminated by either party upon tendering thirty (30)
days written notice to the other party. In the event of such suspension or termination,
upon request of the City, the Contractor shall assemble the work product and put same
rev. 12/28/99
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in order for proper filing and closing and deliver said product to City. In the event of
termination, the Contractor shall be paid for work performed to the termination date;
however, the total shall not exceed the lump sum fee payable under paragraph 4. The
City Manager shall make the final determination as to the portions of tasks completed
and the compensation to be made.
12. CLAIMS AND LAWSUITS
The Contractor agrees that any contract claim submitted to the City must be
asserted as part of the contract process as set forth in this agreement and not in
anticipation of litigation or in conjunction with litigation. The Contractor acknowledges
that if a false claim is submitted to the City, it may be considered fraud and the
Contractor may be subject to criminal prosecution. The Contractor acknowledges that
California Government Code sections 12650 et seq., the False Claims Act, 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 the City of Carlsbad seeks
to recover penalties pursuant to the False Claims Act, it is entitled to recover its
litigation costs, including attorney’s fees. The Contractor acknowledges that the filing of
a false claim may subject the Contractor to an administrative debarment proceeding
wherein the Contractor may be prevented to act as a Contractor on any public work or
improvement for a period of up to five years. The Contractor acknowledges debarment
by another jurisdiction is grounds for the City of
from the selection process.
the Contractor
(Initial)
rev. 12128199
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i
c
The provisions of Carlsbad Municipal Code sections 3.32.025, 3.32.026,
3.32.027 and 3.32.028 pertaining to false claims are c
incorporated herein by reference. Jf!Y (Initial) (Initial)
13. JURISDICTION
The Contractor agrees and hereby stipulates that the proper venue and
jurisdiction for resolution of any disputes between the parties arising out of this
agreement is San Diego County, California.
14. STATUS OF THE CONTRACTOR
The Contractor shall perform the services provided for herein in Contractor’s own
way as an independent Contractor and in pursuit of Contractor’s independent calling,
and not as an employee of the City. Contractor shall be under control of the City only
as to the result to be accomplished, but shall consult with the City as provided for in the
request for proposal. The persons used by the Contractor to provide services under this
agreement shall not be considered employees of the City for any purposes whatsoever.
The Contractor is an independent Contractor of the City. The payment made to
the Contractor pursuant to the contract shall be the full and complete compensation to
which the Contractor is entitled. The City shall not make any federal or state tax
withholdings on behalf of the Contractor or its employees or subcontractors. The City
shall not be required to pay any workers’ compensation insurance or unemployment
contributions on behalf of the Contractor or its employees or subcontractors. The
Contractor agrees to indemnify the City within 30 days for any tax, retirement
contribution, social security, overtime payment, unemployment payment or workers’
rev. 12128199
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c compensation payment which the City may be required to make on behalf of the
Contractor or any employee or subcontractor of the Contractor for work done under this
agreement or such indemnification amount may be deducted by the City from any
balance owing to the Contractor.
The Contractor shall be aware of the requirements of the Immigration Reform
and Control Act of 1986 and shall comply with those requirements, including, but not
limited to, verifying the eligibility for employment of all agents, employees,
subcontractors and Consultants that are included in this agreement.
15. CONFORMITY TO LEGAL REQUIREMENTS
The Contractor shall cause all reports to conform to all applicable requirements
of law: federal, state and local. Contractor shall provide all necessary supporting
documents, to be filed with any agencies whose approval is necessary. The City will
provide copies of the reports to any other agencies.
16. OWNERSHIP OF DOCUMENTS
All plans, studies, sketches, drawings, reports, and specifications as herein
required are the property of the City, whether the work for which they are made be
executed or not. In the event this contract is terminated, all documents, plans,
specifications, drawings, reports, and studies shall be delivered forthwith to the City.
Contractor shall have the right to make one (1) copy of the plans for its records.
rev. 12/28/99
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17. REPRODUCTION RIGHTS
The Contractor agrees that all copyrights which arise from creation of the work
pursuant to this contract shall be vested in City and hereby agrees to relinquish all
claims to such copyrights in favor of City.
18. HOLD HARMLESS AGREEMENT
Contractor agrees to indemnify and hold harmless the City of Carlsbad 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 by any willful misconduct, or negligent act, or omission of
the contractor, any subcontractor, anyone directly or indirectly employed by any of them
or anyone for whose acts any of them may be liable.
19. ASSIGNMENT OF CONTRACT
The Contractor shall not assign this contract or any part thereof or any monies
due thereunder without the prior written consent of the City.
20. SUBCONTRACTING
If the Contractor shall subcontract any of the work to be performed under this
contract by the Contractor, Contractor shall be fully responsible to the City for the acts
and omissions of Contractors 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 contract shall
create any contractual relationship between any subcontractor of Contractor and the
City. The Contractor shall bind every subcontractor and every subcontractor of a
subcontractor by the terms of this contract applicable to Contractors work unless
rev. 12/28/99
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. specifically noted to the contrary in the subcontract in question approved in writing by
the City.
21. PROHIBITED INTEREST
No official of the City who is authorized in such capacity on behalf of the City to
negotiate, make, accept, or approve, or take part in negotiating, making, accepting, or
approving of this agreement, shall become directly or indirectly interested personally in
this contract or in any part thereof. No officer or employee of the City who is authorized
in such capacity and on behalf of the City to exercise any executive, supervisory, or
similar functions in connection with the performance of this contract shall become
directly or indirectly interested personally in this contract or any part thereof.
22. VERBAL AGREEMENT OR CONVERSATION
No verbal agreement or conversation with any officer, agent, or employee of the
City, either before, during or after the execution of this contract, shall affect or modify
any of the terms or obligations herein contained nor entitle the Contractor to any
additional payment whatsoever under the terms of this contract.
23. SUCCESSORS OR ASSIGNS
Subject to the provisions of Paragraph 18, “Hold Harmless Agreement,” all
terms, conditions, and provisions hereof shall inure to and shall bind each of the parties
hereto, and each of their respective heirs, executors, administrators, successors, and
assigns.
24. EFFECTIVE DATE
This agreement shall be effective on and from the day and year first written
above.
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rev. 12/28/99
25. CONFLICT OF INTEREST
The City has determined, using the guidelines of the Political Reform Act and the
City’s conflict of interest code, that the Contractor will not be required to file a conflict of
interest statement as a requirement of this agreement. However, Contractor hereby
acknowledges that Contractor has the legal responsibility for complying with the
Political Reform Act and nothing in this agreement releases Contractor from this
responsibility.
26. INSURANCE
The Contractor shall obtain and maintain for the duration of the contract 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 work
hereunder by the Contractor, his agents, representatives, employees or subcontractors.
Said insurance shall 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 Bests Key Rating of not less than “A-W” and shall meet the City’s policy for
insurance as stated in Resolution No. 91-403.
A. Coveraaes and Limits,
Contractor shall maintain the types of coverages and minimum limits
indicated herein, unless a lower amount is approved by the City Attorney or City
Manager: Automobile Liability (if the use of an automobile is involved for Contractor’s
work for the City). $1 ,OOO,OOO combined single-limit per accident for bodily injury and
property damage.
rev. 12128199
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B. Additional Provisions.
Contractor shall ensure that the policies of insurance required under this
agreement contain, or are endorsed to contain, the following provisions.
1. The City shall be named as an additional insured on all policies
excluding Workers’ Compensation and Professional Liability.
2. The Contractor shall furnish certificates of insurance to the City
before commencement of work.
3. The Contractor shall obtain occurrence coverage which shall be
written as claims-made coverage.
4. This insurance shall be in force during the life of the agreement and
any extension thereof and shall not be canceled without 30 days prior written notice to
the City sent by certified mail.
5. If the Contractor fails to maintain any of the insurance coverages
required herein, then the City will have the option to declare the Contractor in breach, or
may purchase replacement insurance or pay the premiums that are due on existing
policies in order that the required coverages may be maintained. The Contractor is
responsible for any payments made by the City to obtain or maintain such insurance
and the City may collect the same from the Contractor or deduct the amount paid from
any sums due the Contractor under this agreement.
27. RESPONSIBLE PARTIES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of the City and on behalf of the Contractor in connection with
the foregoing are as follows:
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rev. 12128199
For City:
For Contractor:
Title Municipal Projects Manager
Name John J. Cahill
Address 1635 Faraday Avenue, Carlsbad, CA 92008
Title President, The Tagg Company
Name Randy A. Tagg
Address 8321 Lemon Avenue, La Mesa, CA 91941
28. BUSINESS LICENSE
Contractor shall obtain and maintain a City of Carlsbad Business License for the
duration of the contract.
29. ENTIRE AGREEMENT
This agreement, together with any other written document referred to or
contemplated herein, along with the purchase order for this contract and its provisions,
embody the entire agreement and understanding between the parties relating to the
subject matter hereof. In case of conflict, the terms of the agreement supersede the
purchase order. Neither this agreement nor any provision hereof may be amended,
modified, waived or discharged except by an instrument in writing executed by the party
against which enforcement of such amendment, waiver or discharge is sought.
rev. 12128199
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.F- 1
.
. Executed by Contractor this 3 ) ‘?? day of )w/rc# ) 2000.
CONTRACTOR: CITY OF CARLSBAD, a municipal
corporation of the State of California
THE TAGG COMPANY
ATTEST:
(sign here)
(print name/title)
/ I MORRAINE M. WOOD
City Clerk
(Proper notarial acknowledgment of execution by Contractor must be attached.
Chairman, president or vice-president and secretary, assistant secretary, CFO or
assistant treasurer must sign for corporations. 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:
RONALD F+ BALL, City Attorney
BY:i
Depudj City Attorney
rev. 12128199
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State of California
\
County of 5Ut7-D I UIO 1
ss.
On IYhrc h -3 I ,XQQ before me,
Date ’
drub s.mcti\JM ,
Name and Title of Officer (e.g., “Jane Doe, Notary Public”) 1
personally appeared
kd h Ta’? %ne(s) of Signer(s) I
0 personally known to me
P proved to me on the basis of satisfactory
evidence
to be the personw whose name@ is/e
subscribed to the within instrument and
acknowledged to me that he/&&they executed
the same in his/he&h&r authorized
capacity(ieej, and that by his/h&their
signature($) on the instrument the person($), or
the entity upon behalf of which the person@‘)
acted, executed the instrument.
WITPJESS mv hand and official seal.
Place Notary Seal Above
Though the information below is not required by law, it may prove valuable to persons relying on the document
and could prevent fraudulent removal and reattachment of this form to another document.
Description of Attached Document
Title or Type of Document: &r&?w\oM~ @ c j4-fwc4h 0
Document Date: much .y.aacm Number of Pages: B
Signer(s) Other Than Named Above: mP.%
Capacity(ies) Claimed by Signer
Signer’s Name:
0 Individual
0 Corporate Officer -Title(s):
0 Partner - 0 Limited 0 General
0 Attorney in Fact
0 Trustee
0 Guardian or Conservator
*Other: 011 )a
Signer Is Representing: l? 9
Top of thumb here
0 1997 National Notary Association * 9350 De Soto Ave., P.O. Box 2402 l Chatsworth, CA 91313-2402 Prod. No. 5907 Reorder: Call Toll-Free 1-800-876-6827
‘,.I
THE TAGG COMPANY
&W#A TdGG, Mu lwmFlwswRIL t%w,Esm~mm(1110
8321 Lemon Avenue
La Mesa, California 91941,~5267
(619) 462-4753
FAX (619) 4624166
Mr. John J. Cabin
ItfhkipalProjecta Wuuapr
City of Carl&ad
1635 Faraday Avume
Carlsbadj CA 92008
March 27,200O
‘_
RE; PropOsal for appraisal senrioes; Four (4) mitigation parcels
MI&C+ golfcomse project - City ofcarlsbad
Dear Mr. cfda
Pursumt to your reqnest, I am pleased to submit this proposal for appraisal services re+garding the
above-referenced project. Purpose off&e apprllisalis to provide a market value estimate for tiur
(4) private ownerships for a negotiation f&&ion., regarding potenti purchase by the city. Date of
valuation will be curren& and interest valued will befee simple. The cmmrs@a are brie.&
described as follows:
Niunikas; Nelson; etd. AP. No, 215-050-21
R&&X AP. No. 215-050-l?
Sudduth AP.Na.215-050-22
Enas Ranch co. (CarIbas) AP. No. 21,~~040-33
Provided will be a sfislpmraty AppruisaiReprt xhbh pnll o-b with the reporthg nsquimm~s
set forth imler Standards Rule 2-2 of the Uniform Standards of Professional Appraisal Practice
(@PAP). The fhmai reports will be prepared tithe City ofcarlsbad regarding the above-stated
firdim, and are intended for no other purpose. Per legal instruction, 1 ti ba oontacting the
~IM%K&& property owners, in order to provide fox their input regarding whation ismm
. prwided wiU be Iive (5) copies ofthe,f’onnal reports, v&b each o~~&ip under separate cover,
‘Jclresc re&orts will in&de standrurd limihng conditions. I propose conducting this appraisal a an
hourly basis, within a m@mnz appraisal budget of tw&y thousand dollars ($ZO,OOO),
Hourly rate is $125.00. Ia add&-m to appraisal fee, The Ugh#kt Planning f3mq will provide
oonsuhjng regarding land use issues; and Lnwyers Titk Ctqumy will provide title survices.
Fees,EDr appraisal, la!nd use pIann& and title work will be billed on a monthly (‘progress) bade.
P &DE Services, curmtly on retainer with the c&y, wiIl provide consultation
lkqplhg biological habitat issues.
Delivery time Bame for the fonnalrqmrts will be within thirty (30) qalendar days from your written
atio&&on to proceed. This fee and delivery time &ame assumes timely avaiIabi&y of pertiqeut infbrmab regarding biology, land use plamdng, and the like. The fixmal repons Colin in&de
standard Emi@ conditions. Should the assignmant be tcxmimmd prior to conq&tion, work
accon.@i&ed to date will bt charged at $125.00 per-hour.
City c&&.&bad
March 27,200O
Page 2
Foflo~g d4iveq ofthe fixmalreports, additional StafFtime went in report updating, ccmtkrenc~~,
deposition preparation and the like, ifnecessary, will. be ti additional charge, based on &e above-
stated hmrly rate. Deposition and court testimony is charged at $175.00 per hour.
Trial ci&ibks me charged, at cod.
Ifthese terms are~atkfactory, a City purchase order retumed as my author&ion to proceed, wiU
initiate the assignment+ I appreciate the opportunity to be of professional seruice, /?I
THE ~A(30 CCMPANY