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HomeMy WebLinkAboutTHE LEE C. JOHNSON COMPANY; 1993-06-22;July 22, 1993 The Lee C. Johnson Company 8321 Lemon Avenue La Mesa, CA 92041 Attention: Mr. Randy Tagg Re: Agreement for Acquisition of Rights-of-way - Batiquitos Lagoo The Carlsbad City Council, at its meeting of July 13, 1993, adoptei Resolution No. 93-204, approving an agreement with The Lee C Johnson Company to provide legal services necessary for thi acquisition of real property rights-of-way from private propert owners for the Batiquitos Lagoon project . Enclosed please find a copy of Resolution No. 93-204 and a full executed original of the agreement for your files. $ty&, CMC Assistant City Clerk KRK:ijp Enclosures 1200 Carlsbad Village Drive - Carlsbad, California 92008-1 989 - (61 9) 434-281 I B a 3s. AGREEMENT FOR APPRAISAL SERVICES FOR THE BATIQUITOS LAGOON ENHANCEMENT PROJECT THIS AGREEMENT, made and entered into as of the 13th day of JULY , 1993, by and between the CITY OF CARLSBAD, a municipal corporatior hereinafter referred to as "City", and THE LEE C. JOHNSON COMPANY, hereinafte referred to as "Consultant". RECITALS City requires the services of a qualified real estate appraisal consultant to providl the necessary appraisal services for preparation of valuation estimates and relatec information for City's Batiquitos Lagoon Enhancement Project, hereinafter referred to a "Project;" and Consultant possesses the necessary skills and qualifications to provide thc services required by the City; NOW, THEREFORE, in consideration of these recitals and the mutual covenant: contained herein, City and Consultant agree as follows: 1. CONSULTANT'S OBLIGATIONS Consultant shall perform real estate appraisal services for City for the followins parcels located within the City of Carlsbad for possible acquisition by City: APN 21 6-1 40-1 9 APN 21 6-1 48-1 6 APN 21 6-1 21 -01 APN 21 6-1 21 -03 APN 21 6-1 21 -1 4 Consultant may be requested to appraise additional parcels, or parts thereof, as require( by City for the purposes of proceeding with the Project. Consultant shall meet an( consult with City, City's retained Special Counsel for the Project, and any other parties .. m 0 as may be necessary to complete Consultant’s work under this agreement. Consultar may be requested to provide related services and assistance as may be required by th City’s authorized Special Counsel for the Project. 2. CITY OBLIGATIONS City shall designate an authorized representative to coordinate this work on beha of City with Consultant. City shall provide copies of all relevant and existin documentation, reports, exhibits, photographs, studies, and related information to Consultant to assist with this work. City shall pay Consultant in accordance with th terms as set forth hereafter. 3. PROGRESS AND COMPLETION The work under this contract will begin within five (5) days after receipt c notification to proceed by the City and be completed within sixty (60) calendar days c that date. Extensions of time may be granted if requested by the Consultant and agree to in writing by the City Manager or his authorized representative. The City Manager 01 his authorized representative will give allowance for documented and substantiate unforeseeable and unavoidable delays not caused by a lack of foresight on the part c the Consultant, or delays caused by City inaction or other agencies’ lack of timely actior 2 Rev. 6/10/9 e a 4. FEES TO BE PAID TO CONSULTANT The total shall not exceed the fee payable according to Paragraph 6, "Payment c Fees," and shall be $4,500.00 per parcel for a total of $22,500.00 for five (5) parcels. Nc other compensation for services will be allowed except those items covered b supplemental agreements per Paragraph 8, "Changes in Work." Should the work undet this agreement be terminated by City prior to completion by Consultant, Consultant shal be compensated at the rate of $1 25.00 per hour, plus major expenses incurred, for work accomplished to date. In no case shall the fees to Consultant exceed the aforementionec sum of $4,500.00 per parcel. 5. DURATION OF CONTRACT This agreement shall extend for a period of two (2) years from the datc thereof. The contract may be extended for two (2) additional one (1) year periods o parts thereof, based upon satisfactory performance and the City's needs. 6. PAYMENT OF FEES Consultant shall submit to City an invoice for fees as identified in Paragraph 4 c this agreement at the time of completion and delivery to City of the final appraisal reports City shall review and process for payment to Consultant said invoice within thirty (30 calendar days following receipt and approval. 3 Rev. 6/10/9: .. m 0 7. FINAL SUBMISSIONS Within ten (1 0) days of completion of the work under this agreement, the Consultar shall deliver to the City five (5) copies each of the completed final appraisal reports fo each of the parcels. Consultant shall prepare additional copies of said final apprais: reports at cost to City when requested by City. 8. CHANGES IN WORK If, in the course of the contract, changes seem merited by the Consultant or the CiQ and informal consultations with the other party indicate that a change in the condition of the contract is warranted, the Consultant or the City may request a change in contraci Such changes shall be processed by the City in the following manner: A letter outlinin! the required changes shall be forwarded to the City by Consultant to inform them of thc proposed changes along with a statement of estimated changes in charges or timc schedule. A supplemental agreement shall be prepared by the City and approved by thc City according to the procedures described in Carlsbad Municipal Code Section 3.28.1 72 Such supplemental agreement shall not render ineffective or invalidate unaffected portion: of the agreement. 9. COVENANTS AGAINST CONTINGENT FEES The Consultant warrants that their firm has not employed or retained any companl or person, other a bona fide employee working for the Consultant, to solicit or secure thii 4 Rev. 6/10/9: e 0 agreement, and that Consultant has not paid or agreed to pay any company or persor other than a bona fide employee, any fee, commission, percentage, brokerage fee, gif or any other consideration contingent upon, or resulting from, the award or making of thi agreement. For breach or violation of this warranty, the City shall have the right to ann1 this agreement without liability, or, in its discretion, to deduct from the agreement pricl or consideration, or otherwise recover, the full amount of such fee, commissior percentage, brokerage fees, gift, or contingent fee. IO. NONDISCRIMINATION CLAUSE The Consultant shall comply with the state and federal laws regardin! nondiscrimination. 11. TERMINATION OF CONTRACT In the event of the Consultant’s failure to prosecute, deliver, or perform the work a provided for in this contract, the City may terminate this contract for nonperformance b notifying the Consultant by certified mail of the termination of the Consultant. Th Consultant, thereupon, has five (5) working days to deliver said documents owned by th City and all work in progress to the City Manager or his authorized representative. Th City Manager or his authorized representative shall make a determination of fact basel upon the documents delivered to City of the percentage of work which the Consultar has performed which is usable and of worth to the City in having the contract completec Based upon that finding as reported to the City Manager, the Manager shall determin the final payment of the contract. 5 Rev. 6/10/9 e a 12. DISPUTES If a dispute should arise regarding the performance of work under this agreemen the following procedure shall be used to resolve any question of fact or interpretation nc otherwise settled by agreement between parties. Such questions, if they becom identified as a part of a dispute among persons operating under the provisions of thi contract, shall be reduced to writing by the principal of the Consultant or the Cit Manager or his authorized representative. A copy of such documented dispute shall b forwarded to both parties involved along with recommended methods of resolution whicl would be of benefit to both parties. The City Manager or principal receiving the lette shall reply to the letter along with a recommended method of resolution within ten (1C days. If the resolution thus obtained is unsatisfactory to the aggrieved party, a lette outlining the dispute shall be forwarded to the City Council for their resolution through th Office of the City Manager. The City Council may then opt to consider the directec solution to the problem. In such cases, the action of the City Council shall be bindin! upon the parties involved, although nothing in this procedure shall prohibit the partie seeking remedies available to them at law. 13. SUSPENSION OR TERMINATION OF SERVICES This agreement may be terminated by either party upon tendering thirty (30) day written notice to the other party. In the event of such suspension or termination, up01 request of the City, the Consultant shall assemble the work product and put same ii order for proper filing and closing and deliver said product to City. In the event of 6 Rev. 6/10/9 .. a 0 termination, the Consultant shall be paid for work performed to the termination date however, the total shall not exceed the lump sum fee payable under paragraph 4. Thl City shall make the final determination as to the portions of tasks completed and thl compensation to be made. 14. STATUS OF THE CONSULTANT The Consultant shall perform the services provided for herein in Consultant’s OWI way as an independent contractor and in pursuit of Consultant’s independent calling, an( not as an employee of the City. Consultant shall be under control of the City only as tc the result to be accomplished, but shall consult with the City as provided for in thc request for proposal. The Consultant is an independent contractor of the City. The payment made to thc Consultant pursuant to the contract shall be the full and complete compensation to whict the Consultant is entitled. The City shall not make any federal or state tax withholding! on behalf of the Consultant. The City shall not be required to pay any workers compensation insurance on behalf of the Consultant. The Consultant agrees to indemnif! the City for any tax, retirement contribution, social security, overtime payment, or workers compensation payment which the City may be required to make on behalf of tht Consultant or any employee of the Consultant for work done under this agreement. The Consultant shall be aware of the requirements of the Immigration Reform anc Control Act of 1986 and shall comply with those requirements, including, but not limitec to, verifying the eligibility for employment of all agents, employees, subcontractors anc consultants that are included in this agreement. 7 Rev. 6/10/9: .. 0 0 15. CONFORMITY TO LEGAL REQUIREMENTS The Consultant shall cause all drawings and specifications to conform to a applicable requirements of law: federal, state and local. Consultant shall provide a necessary supporting documents, to be filed with any agencies whose approval i: necessary. The City will provide copies of the approved plans to any other agencies. 16. OWNERSHIP OF DOCUMENTS All appraisal reports, plans, studies, sketches, drawings, technical reports, anc specifications as herein required are the property of the City, whether the work for whicl they are made be executed or not. In the event this contract is terminated, a documents, plans, specifications, drawings, reports, and studies shall be deliverec forthwith to the City. Consultant shall have the right to make one (1) copy of the plan! for his/her records. 17. REPRODUCTION RIGHTS The Consultant agrees that all copyrights which arise from creation of thc work pursuant to this contract shall be vested in City and hereby agrees to relinquish a claims to such copyrights in favor of City. 18. HOLD HARMLESS AGREEMENT The City, its officers, and employees shall not be liable for any claims, liabilities 8 Rev. 6/10/9: 0 a penalties, fines, or any damage to goods, properties, or effects of any person whatevei nor for personal injuries or death caused by, or resulting from, any intentional or negliger acts, errors or omissions of Consultant or Consultant’s agents, employees, o representatives. Consultant agrees to defend, indemnify, and save free and harmless thl City and its officers and employees against any of the foregoing claims, liabilitie: penalties or fines, including liabilities or claims by reason of alleged defects in any plan and specifications, and any cost, expense or attorney’s fees which are incurred by thl City on account of any of the foregoing. 19. ASSIGNMENT OF CONTRACT The Consultant shall not assign this contract or any part thereof or any monies dur thereunder without the prior written consent of the City. 20. SUBCONTRACTING If the Consultant shall subcontract any of the work to be performed under this contract by the Consultant, Consultant shall be fully responsible to the City for the act: and omissions of Consultant’s subcontractor and of the persons either directly 01 indirectly employed by the subcontractor, as Consultant is for the acts and omissions oi persons directly employed by consultant. Nothing contained in this contract shall create any contractual relationship between any subcontractor of Consultant and the City. The Consultant shall bind every subcontractor and every subcontractor of a subcontractor by the terms of this contract applicable to Consultant’s work unless specifically noted to the contrary in the subcontract in question approved in writing by the City. 9 Rev. 6/10/92 0 a 21. PROHIBITED INTEREST No official of the City who is authorized in such capacity on behalf of the City tc negotiate, make, accept, or approve, or take part in negotiating, making, accepting, o approving of this agreement, shall become directly or indirectly interested personally ir this contract or in any part thereof. No officer or employee of the City who is authorizec in such capacity and on behalf of the City to exercise any executive, supervisory, o similar functions in connection with the performance of this contract shall become directl! 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 01 the terms or obligations herein contained nor entitle the Consultant to any additiom 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 insure 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 10 Rev. 6/10/9: i e e 25. CONFLICT OF INTEREST The consultant shall not be required to file a conflict of interest statemer with the city clerk in accordance with the requirements of the City of Carlsbad conflict c interest code. 26. INSURANCE The Consultant shall obtain and maintain policies of general liability insurancc automobile liability insurance, and a combined policy of worker’s compensation an( employers liability insurance from an insurance company authorized to do business in th State of California which meets the requirements of City Council Resolution No. 91-40 in an insurable amount of not less than one million dollars ($1,080,000) each, unless i lower amount is approved by the City Attorney or the City Manager. This insurance sha be in force during the life of this agreement and shall not be canceled without thirty (3C days prior written notice to the City sent by certified mail. \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ \\\ 11 Rev. 6/10/9 f 0 e The City shall be named as an additional insured on these policies. The Consultar shall furnish certificates of insurance to the City before commencement of work. 3 I. _- Executed by Consultant this + L- day of CL LL ,192 I x *' CONSULTANT: CITY OF CARLSBAD, a municipal corporation of the State of Calitmhia (name of Consuiiant) /-/ J' ! : PC$- e' f i1.L $5 I-_ 8 4 i /@. By: -.-- 'I . By: (sign here) 1 (* ', /' ATTEST: 9 d (print name here) ~ /*' if LL- w!e v, - ,'-' FLL ' <e I . 1 h 9.G ,,I 4 \ * "..(<e -d% (title and organbation of signatory) ALETHA L. RAUTENKRANZ City Clerk (Proper notarial acknowledgment of execution by CONSULTANT must be attached.) (President or vice-president and secretary or assistant secretary must sign fc corporations. If only one officer signs, the corporation must attach a resolution certifie by the secretary or assistant secretary under corporate seal empowering that officer t I bind the corporation.) r APPROVED AS TO FORM: RONALD R. BALL AeIwtg City Attorney Deputy City Attorney 7/16/93 + 12 Rev. 6/10/9 - Q) -w G ‘v-4 % e32 2; c 2 % 0 8 3 0s; E a30 E z 2 County of SAN Dm City m I Citv Clerk, City At On JW.32, 1993 before me, LmKAYm Notary Public, personally appeared personally known to nz (or p:~d ta EX on thms 3f s2tisf2ctoq evidence) to be the per name(s) dare subscribed to the within instrument and acknowledged to me that he/she/they same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the in T,FE r- .