Loading...
HomeMy WebLinkAboutHendrickson Appraisal Company Inc; 2021-11-23; PSA22-1702TRANPSA22-1702TRAN City Attorney Approved Version 6/12/18 1 AGREEMENT FOR APPRAISAL SERVICES HENDRICKSON APPRAISAL COMPANY, INC. THIS AGREEMENT is made and entered into as of the ______________ day of ___________________, 2021, by and between the City of Carlsbad, a municipal corporation, ("City"), and Hendrickson Appraisal Company, Inc., a California corporation, ("Contractor”). RECITALS City requires the professional services of an appraisal consultant that is experienced in land appraisal. Contractor has the necessary experience in providing these professional services, 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 WORKCity retains Contractor to perform, and Contractor agrees to render, those services (the“Services”) that are defined in Exhibit “A”, attached and incorporated by this reference inaccordance with the terms and conditions set forth in this Agreement. 2.TERMThis Agreement will be effective for a period of thirty (30) days from the date first above written. 3.COMPENSATION The total fee payable for the Services to be performed will be three thousand nine hundred dollars($3,900). No other compensation for the Services will be allowed except for items covered bysubsequent amendments to this Agreement. City reserves the right to withhold a ten percent (10%) retention until City has accepted the work and/or the Services specified in Exhibit “A.” 4.STATUS OF CONTRACTOR Contractor will perform the Services as an independent contractor and in pursuit of Contractor’sindependent calling, and not as an employee of City. Contractor will be under the control of Cityonly as to the results to be accomplished. 5.INDEMNIFICATIONContractor agrees to indemnify and hold harmless the City and its officers, officials, employeesand 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 negligence, recklessness, or willful misconduct of the Contractor, any subcontractor, anyone directly orindirectly 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. 6.INSURANCE Contractor will obtain and maintain policies of commercial general liability insurance, automobileliability insurance, a combined policy of workers' compensation, employers liability insurance, andprofessional liability insurance from an insurance company authorized to transact the business of DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E 23rd November PSA22-1702TRAN City Attorney Approved Version 6/12/18 2 insurance in the State of California which has 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 Approved Surplus Line Insurers (LASLI) with a rating in the latest Best’s Key Rating Guide of at least “A:X”; OR an alien non-admitted insurer listed by the National Association of Insurance Commissioners (NAIC) latest quarterly listings report, in an amount of not less than one million dollars ($1,000,000) each, unless otherwise authorized and approved by the Risk Manager or the City Manager. Contractor will obtain occurrence coverage, excluding Professional Liability, which will be written as claims-made coverage. The insurance will be in force during the life of this Agreement and will not be canceled without thirty (30) days prior written notice to the City by certified mail. City will be named as an additional insured on General Liability which shall provide primary coverage to the City. The full limits available to the named insured shall also be available and applicable to the City as an additional insured. Contractor will furnish certificates of insurance to the Contract Department, with endorsements to City prior to City’s execution of this Agreement. 7. 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. For City For Contractor Name Brandon Miles Name Mark Hendrickson Title Associate Engineer Title Project Manager Department Public Works Address 3530 Camino del Rio North, Ste 205 City of Carlsbad San Diego, CA 92108 Address 1635 Faraday Ave. Phone No. 619-282-0800 Carlsbad, CA 92008 Email mark@hendricksonappraisal.com Phone No. 760-602-2745 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. 8. 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 categories. Yes ☒ No ☐ 9. COMPLIANCE WITH LAWS Contractor will comply with all applicable local, state and federal laws and regulations prohibiting discrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. 10. TERMINATION City or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. City will pay Contractor's costs for services delivered up to the time of termination, if the services have been delivered in accordance with the Agreement. DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E PSA22-1702TRAN City Attorney Approved Version 6/12/18 3 11. CLAIMS AND LAWSUITS By signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing of false claims as set forth in the California False Claims Act, Government Code sections 12650, et seq., and Carlsbad Municipal Code Sections 3.32.025, et seq. Contractor further acknowledges that debarment by another jurisdiction is grounds for the City of Carlsbad to terminate this Agreement. 12. JURISDICTIONS AND VENUE Contractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputes between the parties arising out of this Agreement is the State Superior Court, San Diego County, California. 13. ASSIGNMENT Contractor may assign neither this Agreement nor any part of it, nor any monies due or to become due under it, without the prior written consent of City. 14. AMENDMENTS This Agreement may be amended by mutual consent of City and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or time schedule. /// /// /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E PSA22-1702TRAN City Attorney Approved Version 6/12/18 4 15. 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. CONTRACTOR HENDRICKSON APPRAISAL COMPANY, INC., a California corporation CITY OF CARLSBAD, a municipal corporation of the State of California By: By: (sign here) Paz Gomez, Deputy City Manager, Public Works, as authorized by the City Manager Ted G. Hendrickson, President (print name/title) By: (sign here) Marijane Hendrickson, Secretary (print name/title) If required by City, proper notarial acknowledgment of execution by contractor must be attached. If a corporation, Agreement must be signed by one corporate officer from each of the following two groups: Group A. Group B. Chairman, Secretary, President, or Assistant Secretary, Vice-President 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: Assistant City Attorney DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E PSA22-1702TRAN City Attorney Approved Version 6/12/18 5 EXHIBIT “A” SCOPE OF SERVICES DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E 3530 Camino Del Rio North, Suite 205 San Diego, CA 92108 Tel: 619-282-0800 www.hendricksonappraisal.com October 13, 2021 Brandon Miles, P.E., T.E. Associate Engineer Public Works Branch Transportation Engineering Reference: Appraisal cost proposal related to valuation of a piece of land within the Crossings Golf Course, located along College Boulevard, Carlsbad, CA. Mr. Miles, As requested, provided is an appraisal cost estimate related to valuation of the above referenced property. The purpose of the appraisal is to estimate the market of value of the area sought to widen College Boulevard. The intended use of the appraisal is to establish the value of the area for transfer of funds from the City of Carlsbad to the city golf course. According to exhibits provided by the city, the area sought totals 1,725 square feet and will be used to widen the road right-of-way. This area of the golf course is designated as Open Space and consists of upland habitat vegetated with Coastal Sage Scrub communities. Our firm specializes in valuation of conservation land and has appraised several properties in Carlsbad as part of our On-Call contract with the city. Following is a abbreviate summary of the scope of the assignment and compensation for appraisal services. Scope of the Assignment The area sought will be appraised in compliance with the Uniform Standards of Professional Appraisal Practice (USPAP), published by the Appraisal Foundation, and the Code of Professional Ethics and Standards of Professional Appraisal Practice, published by the Appraisal Institute. The appraisal process will include: (1) inspection of the property; (2) detailed land use and zoning research to aid in determining the property’s highest and best uses – likely conservation/mitigation; (3) research of comparable market data; (4) valuation of the property using the sales comparison approach; and (5) reconciliation of value opinion. Given the intended use of the appraisal and likely nominal valuation of the area to be transferred, the appraisal analysis will be reported in an abbreviated Restricted Appraisal Report in compliance with Standard Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice. The appraisal fees for this assignment are as follows: Compensation for Appraisal Services Abbreviated Appraisal for Transfer .................................................................................................................. $3,900 Thank you for considering our firm for this assignment. Should you have any questions, please give me a call. Respectfully, Mark J. Hendrickson, MAI, AI-GRS Vice President Hendrickson Appraisal Company, Inc. P: 619.282.0800 DocuSign Envelope ID: CBDEDA46-527D-498D-93FF-DCF1CC61AF5E CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) INSURER(S) AFFORDING COVERAGE NAIC # PRODUCER INSURED INSURER A : INSURER B : INSURER C : INSURER D : INSURER E : COVERAGES TYPE OF INSURANCE POLICY NUMBER LIMITS COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: LOCPOLICY OTHER: EACH OCCURRENCE MED EXP (Any one person) PERSONAL & ADV INJURY GENERAL AGGREGATE PRODUCTS - COMP/OP AGG $ $ $ $ $ $ AUTOMOBILE LIABILITY ANY AUTO $ $ $ $ OCCUR CLAIMS-MADE DED RETENTION $ EACH OCCURRENCE AGGREGATE E.L. EACH ACCIDENT E.L. DISEASE - EA EMPLOYEE E.L. DISEASE - POLICY LIMIT DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) CERTIFICATE HOLDER CANCELLATION $ $ $ $ $ Y/N CONTACTNAME:PHONE(A/C, No, Ext): E-MAILADDRESS: FAX(A/C, No): CERTIFICATE NUMBER:REVISION NUMBER: $ UMBRELLA LIAB EXCESS LIAB AUTHORIZED REPRESENTATIVE © 1988-2015 ACORD CORPORATION. All rights reserved. ACORD 25 (2016/03)The ACORD name and logo are registered marks of ACORD $ INSURER F : $ N/A SCHEDULED AUTOS NON-OWNED AUTOS ONLY OWNEDAUTOS ONLY HIREDAUTOS ONLY THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSR LTR ADDL INSD POLICY EFF (MM/DD/YYYY) POLICY EXP (MM/DD/YYYY) PRO- JECT DAMAGE TO RENTED PREMISES (Ea occurrence) COMBINED SINGLE LIMIT (Ea accident) BODILY INJURY (Per person) BODILY INJURY (Per accident) PROPERTY DAMAGE(Per accident) WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED?(Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below PER STATUTE OTH-ER SUBR WVD THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. 11/15/2021 AUTOMATIC DATA PROCESSING INSURANCE AGCY INC 1 ADP BLVD MS 625 ROSELAND, NJ 07068 (877) 677-0428 (877) 677-0428 (877) 677-0430 spcbicadp@travelers.com HENDRICKSON APPRAISAL COMPANY, INC. 3530 CAMINO DEL RIO N STE 205 SAN DIEGO, CA 92108 TRAVELERS CASUALTY INSURANCE COMPANY OF AMERICA 795114220231913 A X X X X 680-7A625366-21 10/12/2021 10/12/2022 2,000,000 300,000 5,000 2,000,000 4,000,000 4,000,000 A X BA-6N551622-21 10/12/2021 10/12/2022 1,000,000 AS RESPECTS TO GENERAL LIABILITY, CERTIFICATE HOLDER IS ADDITIONAL INSURED - BLANKET ADDITIONAL INSURED - OWNERS, LESSEES, OR CONTRACTORS, CG D1 05, BUT ONLY AS RESPECTS TO WORK PERFORMED BY THE INSURED. AS RESPECTS TO GENERAL LIABILITY, COVERAGE IS AFFORDED ON A PRIMARY AND NON- CONTRIBUTORY BASIS AS PER CG T1 00. AN ENDORSEMENT HAS BEEN ADDED TO THE POLICY (OR POLICIES) THAT PROVIDES EARLIER NOTICE OF CANCELLATION, SUBJECT TO THE TERMS OF THAT ENDORSEMENT. CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SVC P.O. BOX 4668 NEW YORK, NY 10163