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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. CityCarisbad0509RFP.wpd 12 HENDRICKSON APPRAISAL COMPANY, INC. Real Estate Appraisers • Consultants