HomeMy WebLinkAboutHendrickson Appraisal Company Inc; 2009-10-07; PWENG701PROJECT TASK DESCRIPTION AND FEE ALLOTMENT NO. 1
COASTAL RAIL TRAIL REACH 4 & 5
PROJECT NO. 3455
This first Project Task Description and Fee Allotment, is entered into on
/2, ZO/O , pursuant to an Agreement between
Hendriclfson Appraisal dom~anv. Inc.. a California corporation C"'ontractor") and the Citv of
Carlsbad, ("~iiy") dated dctobkr 7,' 2009, (the "~greement':), the terms of which 'are
incorporated herein by this reference.
1. CONTRACTOR'S OBLIGATIONS
Contractor shall provide budgetary valuation estimates of potential right-of-way
acquisition costs 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," the Caltrans right-
of-way manual, and the proposal dated March 15, 2010, ("proposal"), attached as
Appendix "A for the Coastal Rail Trail Reach 4 and 5, (the "Project"). The Project
services shall include the steps outlined in the proposal. The study will be for three (3)
of the four (4) Coastal Rail Trail alignment alternatives that are being analyzed as part of
a report for Caltrans.
2. PROGRESS AND COMPLETION
Contractor's receipt of this Project Task Description and Fee Allotment, signed by the
City Engineer and a Purchase Order from the City's Purchasing Department, constitutes
notification to proceed to the Contractor. Contractor shall begin work within sixty (60)
working days after receiving this fully executed document and a City Purchase Order.
Contractor shall complete the work within one hundred eighty (180) 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. 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 onlv upon authorization of the City throuqh the mechanism of a separate
Proiect 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 $15,975.
City Attorney Approved Version #07.24.02
TABLE 1 FEE ALLOTMENT
BUDGETARY VALUATION ESTIMATE OF RIGHT-OF-WAY ACQUISITION COSTS
Executed by Contractor this 2 L/fk day of hat- tk , 2010.
CONTRACTOR:
TASK GROUP
Prepare budgetary rlght-of-way acquisition report per Caltrans
right-of-way manual
TOTAL (Not-to-Exceed)
Hendrickson Appraisal Company, Inc., Hendrickson Appraisal Company, Inc.,
a California corporation a California corporation
LUMP SUM FEE
$15,975
$1 5,975
(name of Contractor) (name of Contractor)
By: ~Q,~.~~LU,L
(sigflere)
7-4 6. N cn&;~~otl/ Prr~. . . \ r~ Inhe /-/en dfic ksan /!rf ,
(print nameltitle) (print nadltitle) o
~~r~lo &(<J hpndrrcksi;kr,nnfi ~u 1.p'
(e-mail address) (e-mad address)
If Contractor is a corporation, this document must be signed by one individual from each
column:
Column A Column B
Chairman, president or vice-president 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 munici~al cor~oration of the State of California
BY' Date:
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY: ,WTk dr
Deputy ity Attorney
City Attorney Approved Version #07.24.02
'A'PE~/D,~ A "
INC.
3530 Camino del Rio North I Suite 205 = San Diego, California 92108 = (619) 2824800
March 15.2010
Jacob Moeder, P.E.
Associate Engineer
1635 Faraday Avenue
Carlsbad, CA 92008
Re: Budgetary Valuation Estimate of Potential Right of Way Acquisition Costs - Coastal Rail
Trail - Reach 4 and 5, City of Carlsbad
Dear Mr. Moeder,
As requested in our meeting, following is a summary of the anticipated scope of the assignment, and
fees and timing for completion of the projected valuation work we discussed. The valuation process
anticipated will be fully in compliance with Caltrans guidelines, California law, and consistent with
requirements discussed with Bruce Burleu of Caltrans.
It is our understanding that the scope of the assignment includes a budgetary forecast of anticipated
right of way acquisition costs relating to Reach 4 and 5 of the above referenced project, primarily on
the east side of the N.C.T.D existing railway right of way. One parcel is located on the west side of
the existing right of way. As requested, we will consider impacts under three scenarios: first based on
a 20 foot wide bike trail on the east side impacting approximately 14 ownerships, secondarily keyed
to a 12 foot hike trail also on the east side impacting approximately 14 ownerships, and thirdly based
on a 20' wide trail on the west side likely impacting 1 ownership. Based on review of right of way
and design mapping, our discussions, and inspection of the properties, it is evident that several
properties will be impacted fairly severely by the partial acquisitions, such that there will likely he
damages to the remainders. The damages are anticipated to be related to loss of parking as a result of
the project.
In order to develop our estimates of the potential acquisition costs, we will complete the following
steps which are consistent with Caltrans guidelines and California eminent domain law for public
project acquisitions: (1) inspect the exterior of the subject properties, (2) research, confirm, and
analyze comparable market data to develop estimated values of the whole properties, (3) develop
estimates of the values of the portions to be acquired (both fee, and permanent and temporary
easements), (4) identify properties that are impacted to the extent that damages to the remainder is
likely (loss of parking spaces, etc.), (5) develop estimates of damages to each of the impacted
properties, (6) consider the potential of benefits which are very unlikely on a parcel by parcel basis,
and (7) estimate projected compensation for each of the properties which includes compensation for
the fair market value of the acquisition areas plus net damages, if any.
After completing our budgetary valuation estimate process, we will summarize the findings of our
valuation process and report our projected opinion of the acquisition costs (budgetary estimates) in a
summary format that is in compliance with USPAP, Caltrans guidelines, and California eminent domain
law. Included in the report will be tables that show our estimates of fair market value for the acquisition area
(fee, slope easements, and temporary construction easements), damages to the remainders of severely
impacted properties, and overall compensation. These tables will summarize our valuation estimates on a
parcel by parcel basis for each alternative route.
Based on the anticipated time to complete the valuation process and prepare a summary of findings report, it
is anticipated that the fees for the 3 valuation scenarios discussed above, analyzed on a parcel by parcel
basis, will range from approximately $1 1,800 to $15,975 depending on the valuation issues encountered.
The fees, which are consistent with our Master Agreement, are estimated as follows: Principal Appraiser: 40
to 55 hours @ $145 per hour = $5,800 to $7,975 and Senior Appraiser: 60 to 80 hours @ $100 per hour =
$6,000 to $8,000. Included in the fee is consulting relating to the alternative acquisition valuation scenarios
in meetings or via conference calls, as needed. As agreed in our meeting, we will complete our analysis and
deliver our report within 30 days of notice to proceed assuming we have received necessary mapping.
I Jacob, should you have any questions or should you need additional information, please give me a call.
Ted G. Hendrickson, MA1
President
CoanalRa;X3arlrbadwpd 2
HENDRICKSON APPRAISAL COMPANY, INC. Real Estate Appraisers . Consultants
PWENG701
MASTER AGREEMENT FOR
PROFESSIONAL PROPERTY APPRAISAL SERVICES
(HENDRICKSON APPRAISAL, INC.)
/•> "/-, THIS AGREEMENT is made and entered into as of the / _ day of
UcM>J**J _ , 2009, by and between the CITY OF CARLSBAD, a municipal
corporation, hereinafter referred to as "City", and HENDRICKSON APPRAISAL, INC., a
California corporation, hereinafter referred to as "Contractor."
RECITALS
A. City requires the professional services of an engineering consultant that is
experienced in property appraisal.
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 property appraisal.
D. Selection of Contractor is expected to achieve the desired results in an
expedited fashion.
E. 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 (3) years starting
December 6, 2009.
City Attorney Approved Version #04/03/02
4. PROGRESS AND COMPLETION
The work for any project granted to Contractor pursuant to this Agreement will
begin within ten (10) 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 4 below). Extensions of time for a specific Task Description may be granted if
requested by Contractor and agreed to in writing by the Public Works Director or Deputy
City Engineer, as his designee. The Public Works Director or Deputy City Engineer, as
his designee 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.
5. COMPENSATION
The cumulative total for all projects allowed pursuant to this Agreement will not
exceed seventy five thousand dollars ($75,000) per Agreement year. The total amount
of the Agreement shall not exceed two hundred twenty five thousand dollars ($225,000)
for the complete Agreement term. 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 Public Works Director, as his designee, 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.
City Attorney Approved Version #04/03/02
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 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-:V".
10.1 Coverages and Limits. Contractor will maintain the types of coverages and
minimum limits indicated below, unless City Attorney 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.
City Attorney Approved Version #04/03/02
10.1.1 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.
10.1.2 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.
10.1.3 Workers' Compensation and Employer's Liability. Workers' Compensation
limits as required by the California Labor Code and Employer's Liability limits of
$1,000,000 per accident for bodily injury. Workers' Compensation and Employer's
Liability insurance will not be required if Contractor has no employees and provides, to
City's satisfaction, a declaration stating this.
10.1.4 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.
10.2. Additional Provisions. Contractor will ensure that the policies of insurance
required under this Agreement contain, or are endorsed to contain, the following
provisions:
10.2.1 The City will be named as an additional insured on General Liability.
10.2.2 Contractor will obtain occurrence coverage, excluding Professional
Liability, which will be written as claims-made coverage.
10.2.3 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
anytime, 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.
City Attorney Approved Version #04/03/02
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 subcontractors 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.
15. NOTICES
The name of the persons who are authorized to give written notices or to receive
written notice on behalf of City and on behalf of Contractor under this Agreement.
For City:
Name William Plummer
Title Deputy City Engineer
Dept Public Works - Design Division
CITY OF CARLSBAD
Address 1635 Faraday Avenue
"Carlsbad, CA 92008 ~
Phone No. (760) 602-2768
For Contractor:
Name
Title
Ted Hendrickson, MAI
President & Project Manager
HENDRICKSON APPRAISAL, INC.
Address 3530 Camino del Rio North,
Suite 205
San Diego, CA92108
Phone No. (619)282-0800
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
City will evaluate Contractor's duties pursuant to this Agreement to determine
whether disclosure under the Political Reform Act and City's Conflict of Interest Code is
required of Contractor or any of Contractor's employees, agents, or subcontractors.
Should it be determined that disclosure is required, Contractor or Contractor's affected
employees, agents, or subcontractors will complete and file with the City Clerk those
schedules specified by City and contained in the Statement of Economic Interests Form
700.
City Attorney Approved Version #04/03/02
Contractor, for Contractor and on behalf of Contractor's agents, employees,
subcontractors and consultants warrants that by execution of this Agreement, that they
have no interest, present or contemplated, in the projects affected by this Agreement.
Contractor further warrants that neither Contractor, nor Contractor's agents, employees,
subcontractors and consultants have any ancillary real property, business interests or
income that will be affected by this Agreement or, alternatively, that Contractor will file
with the City an affidavit disclosing this interest.
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 that the services 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.
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 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.
6 City Attorney Approved Version #04/03/02
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.
City Attorney Approved Version #04/03/02
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.
City Attorney Approved Version #04/03/02
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 2f(day of JuJ .200^ .
CONTRACTOR:
HENDRICKSON APPRAISAL, INC.,
a California corporator
CITY OF CARLSBAD, a municipal
corporation of the State of California
(sign here)
(print name/title)
T <• XGl V
ATTEST:
(print natae/title)
(e-mail address)
PLEASE SEE ATTACHED
NOTARIZED FORM
(Proper notarial acknowledgment of execution by Contractor must be attached. If a corporation,
document must be signed by one 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
APPROVED AS TO FORM:
RONALD R. BALL, City Attorney
BY:,eputy City Attorney
City Attorney Approved Version #04/03/02
California All-Purpose Acknowledgment
State of California
County of San Diego
On^r^y!6* ,20 QQ , before me, Elyce Marie Martinez, Notary
Public, personally appeared~^e& G c\r\m M^n^c^ei.. HVo-nou^
Name(s)ofSigner(s)
who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s)
4s/are subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/feer/their authorized capacity (ies) and that by bis/her/their
signature(s) on the instrument the person(s) or the entity upon behalf of which the
person(s) acted, executed the instrument.
I certify under-PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct
WITNESS my hand and official seal.
Signature of Notary Public
OFFICIAL SEAL I
ELYCE MARIE MARTINEZ *
INOTARY PUBLIC-CALIFORNIAS
COMM. NO. 1815789 2
SAN DIEGO COUNTY •
MYCOMM.EXP,OCT.3,2012 I
Description of Attached Document
Title or Type of Document
Document Date:
OPTIONAL
Number of Pages (including this one)
Additional Information
Capacity(ies) Claimed by Signer
D Individual
D Corporate Officer- Title(s)
D Partner: Limited General
D Attorney-in-Fact
D Trustee
D Guardian or Conservator
D Other
Signer is Representing:
Right Thumfaprint of
Signer 1
Right Thumbprint of
Signer 2
EXHIBIT "A"
If the subject property is improved and there is an on-going business operating in the building or buildings,
consideration must also be given to the Goodwill of the Business andM&E. Our firm is prepared to review M&E
reports prepared by specialists in this specialty area and incorporate appropriate "items pertaining to the realty" into
our analysis.
Appraisal Report ^
The reporting of the appraisal process will be completed in a narrative appraisal report that is fully in compliance
with applicable guidelines, as well as the Uniform Standards of Professional Appraisal Practice (USPAP). Included
in the report will be a full description of the property, the immediate area, the highest and best use, and the valuation.
Comparable data sheets will be included in the addenda section of the report, with reference to factual data on each
transaction and the confirming source.
Reporting of the Findings to the City (Milestone Reviews)
Milestone review conferences will be held at appropriate times throughout the appraisal process if needed. The City
Project Manager and the Hendrickson Appraisal Company Project Manager will arrange for an appropriate time and
place. Over the past several years during our existing "On Call" contract, meetings of this type have been held at
the City of Carlsbad, and these meetings are considered of great value to us. Open communication is extremely
important to this process.
Open discussion with the City Project Manager and staff will occur before, during, and following completion of the
project in order to facilitate a smooth acquisition process.
(5) RATE SCHEDULE:
As requested, following is a summary of hourly rates for professional services rendered, including services for
preparation of appraisal reports, appraisal reviews, pre-trial preparation and conferences, and expert testimony.
Appraisal Preparation:
Senior/Staff Appraisers (appraisers noted on Org. Chart) $ 100 per hour
Principal Appraiser/Project Mgr. - appraisal and review (Ted Hendrickson) $145 per hour
Expert Testimony (Principal Appraiser/Ted Hendrickson)
Trial Preparation and Consulting $ 175 per hour
Expert Testimony $285 per hour
These are fully loaded rates and include clerical support, materials, travel, etc.
(6) STANDARD CONTRACT AGREEMENT:
We have read the standard professional services agreement and agree to its terms and conditions. It is very similar
to others we have signed over the past 11 years as part of our "On Call" contract with the City of Carlsbad.
Following is a Summary of Appraisal Projects. The appraisal process for these projects, both for the City of
Carlsbad and for other acquiring agencies, was similar to the process discussed above.
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HENDRICKSON APPRAISAL COMPANY, INC. Real Estate Appraisers • Consultants