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HomeMy WebLinkAboutHendrickson Appraisal Company Inc; 2023-01-18; PSA23-2055UTILPSA23-2055UTIL General Counsel Approved Version 8/2/2022 1 AGREEMENT FOR SANTA FE II ELECTRICAL EASEMENT APPRAISAL SERVICES HENDRICKSON APPRAISAL COMPANY, INC. THIS AGREEMENT is made and entered into as of the _____________________ day of _________________________________, 20___, by and between the Carlsbad Municipal Water District, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad, California, ("CMWD"), and Hendrickson Appraisal Company, Inc., a California Corporation, ("Contractor”). RECITALS CMWD requires the professional services of a consultant that is experienced in easement value appraisal. Contractor has the necessary experience in providing these professional services, has submitted a proposal to CMWD and has affirmed its willingness and ability to perform such work. NOW, THEREFORE, in consideration of these recitals and the mutual covenants contained herein, CMWD and Contractor agree as follows: 1.SCOPE OF WORK CMWD 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 sixty (60) working days from the date first abovewritten. 3.COMPENSATIONThe total fee payable for the Services to be performed will be seven thousand eight hundreddollars ($7,800). No other compensation for the Services will be allowed except for items coveredby subsequent amendments to this Agreement. CMWD reserves the right to withhold a tenpercent (10%) retention until CMWD has accepted the work and/or the Services specified inExhibit “A.” 4.STATUS OF CONTRACTORContractor will perform the Services as an independent contractor and in pursuit of Contractor’s independent calling, and not as an employee of CMWD. Contractor will be under the control ofCMWD only as to the results to be accomplished. 5.INDEMNIFICATIONContractor agrees to indemnify and hold harmless CMWD and its officers, officials, employeesand volunteers from and against all claims, damages, losses and expenses including attorney’sfees 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 CMWD incurs or makes to or on behalf of an injured employee under the CMWD’s self-administered workers’ DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B 18th 23January PSA23-2055UTIL General Counsel Approved Version 8/2/2022 2 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.INSURANCEContractor will obtain and maintain policies of commercial general liability insurance, automobile liability insurance, a combined policy of workers' compensation, employers liability insurance, andprofessional liability insurance from an insurance company authorized to transact the business ofinsurance 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) latestquarterly 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. Contractorwill 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 becanceled without thirty (30) days prior written notice to CMWD by certified mail. CMWD will benamed as additional insured on General Liability which shall provide primary coverage to CMWD.The full limits available to the named insured shall also be available and applicable to CMWD asan additional insured. Contractor will furnish certificates of insurance to CMWD with endorsements to CMWD, prior to CMWD’s execution of this Agreement. 7.NOTICES The name of the persons who are authorized to give written notice or to receive written notice onbehalf of CMWD and on behalf of Contractor under this Agreement. For CMWD: For Contractor: Name Markus Mohrle Name Mark Hendrickson Title Utilities Associate Engineer Title Project Manager Dept Carlsbad Municipal Water District Address 3530 Camino Del Rio North, Suite 205 San Diego, CA 92108 Address 5950 El Camino Real Phone 619-282-0800 Carlsbad, CA 92008 Email mark@hendricksonappraisal.com Phone 442-339-2322 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 INTERESTContractor shall file a Conflict of Interest Statement with the City Clerk in accordance with therequirements of the City of Carlsbad Conflict of Interest Code. The Contractor shall reportinvestments or interests in all categories. Yes ☐ No ☒ 9.COMPLIANCE WITH LAWSContractor will comply with all applicable local, state and federal laws and regulations prohibitingdiscrimination and harassment and will obtain and maintain a City of Carlsbad Business License for the term of this Agreement. DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B PSA23-2055UTIL General Counsel Approved Version 8/2/2022 3 10. TERMINATIONCMWD or Contractor may terminate this Agreement at any time after a discussion, and written notice to the other party. CMWD will pay Contractor's costs for services delivered up to the timeof termination, if the services have been delivered in accordance with the Agreement. 11.CLAIMS AND LAWSUITSBy signing this Agreement, Contractor agrees it may be subject to civil penalties for the filing offalse 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 acknowledgesthat debarment by another jurisdiction is grounds for CMWD to terminate this Agreement. 12.JURISDICTIONS AND VENUEContractor agrees and stipulates that the proper venue and jurisdiction for resolution of any disputesbetween the parties arising out of this Agreement is the State Superior Court, San Diego County,California. 13.ASSIGNMENTContractor may assign neither this Agreement nor any part of it, nor any monies due or to becomedue under it, without the prior written consent of CMWD. 14.AMENDMENTSThis Agreement may be amended by mutual consent of CMWD and Contractor. Any amendment will be in writing, signed by both parties, with a statement of estimated changes in charges or timeschedule. /// /// /// /// /// /// /// /// /// /// /// /// /// DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B PSA23-2055UTIL General Counsel Approved Version 8/2/2022 4 15. AUTHORITYThe 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 authorityto bind Contractor to the terms and conditions of this Agreement. CONTRACTOR CARLSBAD MUNICIPAL WATER DISTRICT, a Public Agency organized under the Municipal Water Act of 1911, and a Subsidiary District of the City of Carlsbad HENDRICKSON APPRAISAL COMPANY, INC., a California Corporation By: By: (sign here) Vicki V. Quiram, General Manager, as authorized by the Executive Manager Ted Hendrickson, President & CFO (print name/title) By: (sign here) (print name/title) If required by CMWD, 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: CINDIE K. McMAHON, General Counsel By:_____________________________ General Counsel DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B December 12, 2022 Markus Mohrle, PE Associate Engineer, Utilities City of Carlsbad 5950 El Camino Real Carlsbad, CA 92008-8802 Reference: Proposal to appraise the Fair Market Value of a proposed easement interest for subterranean electrical conduits extending to the Santa Fe 2 potable water reservoir in the city of San Marcos. Project: FMV Easement Appraisal - Santa Fe 2 potable water reservoir APN: 222-690-10 Vesting: Rancho Dorado Owners Association Mr. Mohrle, It is our understanding that the Carlsbad Municipal Water District requires an appraisal of a portion of land for a proposed underground utility easement. The project plans to route buried electrical conduits extending to a CMWD water reservoir located northerly of Coast Avenue in San Marcos. According to an exhibit provided by the client, the proposed easement is 10’ in width and extends ±400 linear feet along an existing dirt maintenance road. The City of San Marcos indicated that the site is zoned “O-S” (Open Space) and has a land use designation of “OS” (Open Space). The size of the parcel bisected by the easement is 5.56 acres; it consists of open space vegetated by native plant species surrounding the Rancho Dorado Specific Plan Area. Following is a summary of the anticipated scope of the assignment and compensation and timing for appraisal services. Scope of the Assignment The property 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, and California Code of Civil Procedure. The fair market value of the easement interest will be valued using typical easement corridor analysis, consistent with applicable eminent domain law. The appraisal process will include: (1) an inspection of the subject property; (2) land use and zoning research to aid in determining the property’s highest and best use and the appropriate Larger Parcel to be appraised; (3) detailed market research and analysis of comparable open space and conservation land data; (4) valuation of the fee simple interest of the underlying land using primarily the sales comparison approach; (5) valuation of the portion sought by the city for a subterranean utility easement; (6) consideration of damages and benefits to the remainder (if any); and (7) reconciliation of value opinion and just compensation. After completing the appraisal process, the findings will be reported in a detailed narrative appraisal report. The appraisal process and reporting will be in full compliance with Standard Rule 2-2(a) of USPAP and consistent with applicable eminent domain law. DUNS Code: 785308891 / CAGE Code: 1SKP2 CA Small Business No. 2000521 PSA23-2055UTIL Exhibit "A" 3530 Camino Del Rio North, Suite 205 San Diego, CA 92108 Tel: 619-282-0800 www.hendricksonappraisal.com DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B U!ENDRICKSON APPRAISAL COMPANY, INC. Real Estate Appraisers I Consultants HENDRICKSON APPRAISAL COMPANY, INC. Real Estate Appraisers ▪ Consultants 2 Compensation for Appraisal Services and Timing Based upon the complexity of the assignment and the time required to complete the valuation process consistent with the USPAP and California Civil Code and report the findings in a detailed narrative appraisal report, the not-to-exceed fee estimate for the assignment is $7,800. Based on the scope of work and existing staffing commitments, we can complete the appraisal assignment within 50 to 60 working days after receipt of notice to proceed. We look forward to working with you and the City of Carlsbad on this assignment. Should you have any questions, please feel free to contact me at your convenience. Very Respectfully submitted, Mark J. Hendrickson, MAI, AI-GRS Principal Hendrickson Appraisal Company, Inc. 3530 Camino del Rio North, Suite 205 San Diego, CA 92108 PSA23-2055UTIL Exhibit "A"3530 Camino Del Rio North, Suite 205 San Diego, CA 92108 Tel: 619-282-0800 www.hendricksonappraisal.com DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B ~ CMWD Potable Water Reservoir Parcel500-ft (approx.) buried electrical conduitrequiring utility easement.400-ft (approx.) 10-ft wide along existingaccess road requiring accesseasement.CMWD Water Reservoir Parcel PropertyExisting SDGE Transformer(begin electrical conduit run)2168 Coast Avenue MP address10-ft wide Utility/Accesseasement to followexisting dirt road.No easement required withinexisting CMWD property.Utility easement fromSDGE Transformeracross Coast Avenue.PSA23-2055UTIL Exhibit "A"3530 Camino Del Rio North, Suite 205 San Diego, CA 92108 Tel: 619-282-0800 www.hendricksonappraisal.com DocuSign Envelope ID: AE15A1C1-1CA7-44CD-9660-629FE9DD284B ◄N► I w.s~ l,&~COS BL_VD_ $ , ~ SITE~ /' 11!1 ~&'<to &"''' -.:/' ~ffi\lNI IMllffi\lRl~lQJ~ 92081 VICINITY MAP NO SCALE 1128-AJ TYPICAL STREET SECTION COAST AVENUE NOTES (3 TRENCH ROUTE MAY VARY DUE TO POSSIBLE CONFLICTS WITI-1 OTHER WET UTILITIES. (3 CUSTOMER IS RESPONSIBLE FOR: TRENCH, EXCAVATION AND BACKFILL, NO SCALE CONDUIT (INCLUDING REDUCERS & ADAPTORS AT HANDHOLES), SUBSTRUCTURES, CONCRETE / SIDEWALK BREAK REPAIR, RETAINING WALLS. (3 MAINTAIN A MINIMUM OF 5' WHEN PARALLELING WET UTILmES AND 6" WHEN CROSSING eJ MAINTAIN 5' CLEARANCE BETWEEN VEHICULAR TRAFFIC ANO PADMOUNTED EQUIPMENT [3 All HORIZONTAL BENDS TO BE MADE WITH 25' RADIUS SWEEPS AS PER STD.PG.3374, UNLESS OTHERWISE NOTED. eJ CUSTOMER IS RESPONSIBLE TO PROVIDE ALL RED STUB MARKERS AND THE BURIED BALL MARKERS AT EACH SERVICE STUB LOCATION. eJ rT IS THE CUSTOMER'S RESPONSIBJLITY TO PROVIDE TRENCH AND CONDUIT TO THE ENERGIZED SOURCE, EMPTY CONDUIT STUBS ARE INSTALLED FOR THE FUTURE USE OF THE UTILITY. IF THE STUB IS UNUSABLE, THE CUSTOMER MAY CLEAN OR REPAIR l'HE STUB, OTHERWISE, INSTALL NEW TRENCH ANO CONDUIT TO THE SOURCE. (rl DEVELOPER TO PROvlDE LEvt:l AREA FOR All SUBSTRUCTURES &: THEIR WORKING SPACE. IN AREAS YIHERE THIS REQUIREMENT CANNOT BE MET, INSTALLATION OF RETAINING WALLS Will BE NECESSARY. (!'.I IF QUESTIONS ARISE, CONTACT PLANNER. Copyrf9ht 2003 San Dle90 Coe & EJectrto Company. All right. rNerved. I \ ltemoYol of llll1 cop}'l19ht rlOUoe without perml•!o11 I• not permitted under law,lcB MUNICIPAL WATER DIST. SANTA FE \ J \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ ,i, \" \ \ \ \~\ \ \ \ \ \ \ \ \ \ \ \ \ \ CB MUNICIPAL WATER DIST. SANTA FE D & l-4" #1000 2-5" & " [H11653o.As,i 1-1SJ31 ~(1-111616a'.ci11 #1000 lo~O r--::oii=-""I oo ;7 \0~2~\ \~~srol \ ro O O O \ 4" 0 0 0 \ 2-5" ~ 0 -,-~-.1v::..o...J 1-2" #2 PEJ AL-, 1-2" [DXXXXXX STA] [D142#2 PEJ AL ' 888,STA] 4" /l2/0 PEJ AL LH116530,C1] ,, Call 2 Working Days Before You Dig! 1-800-227-2600 CURRENT DATE: ________ _ NOTICE: Return approved preliminary design drawing on or before 5 working days from current date above. If SOG&E has not received the signed preliminary design drawing within the 5 working day period, your original design due dale will need to be rescheduled. Rescheduling of your project's design will be subject to the design team's existing schedule. This preliminary design will be void 20 working days after current dale above and will be scheduled as a new project should you wish to continue with the design. Changes to a void design may incur a new engineering fee. Customer approval of the preliminary design is mandatory. No costs or customer package will be released without customer approval of the design. l -<eNI>-~ SCALE ~ 0 30' 'ii ,; z ~ ~ 1-4 -g J> r-:E ~ m ;;ig .,, m 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. 12/28/2022 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 564050105212263 A X X X X 680-7A625366-22 10/12/2022 10/12/2023 2,000,000 300,000 5,000 2,000,000 4,000,000 4,000,000 A X BA-6N551622-22 10/12/2022 10/12/2023 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. AN ENDORSEMENT HAS BEEN ADDED TO THE POLICY (OR POLICIES) THAT PROVIDES 30 DAY EARLIER NOTICE OF CANCELLATION, SUBJECT TO THE TERMS OF THAT ENDORSEMENT. AS RESPECTS TO GENERAL LIABILITY, COVERAGE IS AFFORDED ON A PRIMARY AND NON-CONTRIBUTORY BASIS AS PER CG T1 00. CITY OF CARLSBAD/CMWD C/O EXIGIS INSURANCE COMPLIANCE SERVICES P.O. BOX 947 MURRIETA, CA 92564 ACORD® I ~ I - -~ □ - - ~ □ □ - -§ - - - -H -LJ I I I □ I