HomeMy WebLinkAboutBruce W. Hull & Associates - 2009-03-31weir P
CONTRACTS SUBMITTAL TO
CITY CLERKS OFFICE 2003 HAR 31 Fil 2: 57
of";
To: JOAN FLYNN, City Clerk
Name of Contractor: Bruce W. Hull & Associates
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Pacific City CFID Appraisal Services
Amount of Contract: $35,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. Q to Risk Management n
Finance Dept. F1 ORIGINAL bonds sent to Treasurer ❑
Date: 15//dIq
Aa'n e/Exter(sion
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
BRUCE W. TITTLE, & ASSOCIATES, INC.
FOR
PACIFIC CITY CFI) APPRAISAL SERVICES
THIS AGREEMENT ("Agreement") is made and entered into by and between the City of
Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as
"CITY", and BRUCE W. HULL & ASSOCIATES, INC., a California Corporation, hereinafter
referred to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
provide appraisal services for the Pacific City CFD; and
Pursuant to documentation on file in the office of the City clerk, the provisions of the
Huntington Beach Municipal Code, Chapter 3.03, relating to procurement of professional service
contracts have been complied with; and
CONSULTANT has been selected to perform these services.
NOW, THEREFORE, it is agreed by CITY and CONSULTANT as follows:
1. SCOPE OF SERVICES
CONSULTANT shall provide all services as described in EXHIBIT "A," which
is attached hereto and incorporated into this Agreement by this reference. These services shall
sometimes hereinafter be referred to as the "PROJECT."
CONSULTANT hereby designates BRUCE W. HULL, M.A.I., who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
Agree/surfnet/professional sves to $49 1
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2. CITY STAFF ASSISTANCE
CITY shall assign a staff coordinator to work directly with CONSULTANT in the
performance of this Agreement.
3. TERM; TIME OF PERFORMANCE
Time is of the essence of this Agreement. The services of CONSULTANT are to
commence on 41hCA Z/ , 200 (the "Commencement Date"). This Agreement
shall automatically terminate three (3) years from the Commencement Date, unless extended or
sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no
later than three years from the Commencement Date. The time for performance of
the tasks identified in Exhibit "A" are generally to be shown in Exhibit "A." This schedule
may be amended to benefit the PROJECT if mutually agreed to in writing by CITY and
CONSULTANT.
In the event the Commencement Date precedes the Effective Date,
CONSULTANT shall be bound by all terms and conditions as provided herein.
4. COMPENSATION
In consideration of the performance of the services described herein, CITY agrees
to pay CONSULTANT on a time and materials basis at the rates specified in Exhibit "B," which
is attached hereto and incorporated by reference into this Agreement, a fee, including all costs
and expenses, not to exceed Thirty -Five Thousand ------- Dollars ($35,000.00).
5. EXTRA WORK
In the event CITY requires additional services not included in Exhibit "A" or
changes in the scope of service described in Exhibit "A," CONSULTANT will undertake such
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work only after receiving written authorization from CITY. Additional compensation for such
extra work shall be allowed only if the prior written approval of CITY is obtained.
6. METHOD OF PAYMENT
CONSULTANT shall be paid pursuant to the terms of Exhibit "B."
7. DISPOSITION OF PLANS, ESTIMATES AND OTHER DOCUMENTS
CONSULTANT agrees that title to all materials prepared hereunder, including,
without limitation, all original drawings, designs, reports, both field and office notices,
calculations, computer code, language, data or programs, maps, memoranda, letters and other
documents, shall belong to CITY, and CONSULTANT shall turn these materials over to CITY
upon expiration or termination of this Agreement or upon PROJECT completion, whichever
shall occur first. These materials may be used by CITY as it sees fit.
8. HOLD HARMLESS
CONSULTANT hereby agrees to protect, defend, indemnify and hold harmless
CITY, its officers, elected or appointed officials, employees, agents and volunteers from and
against any and all claims, damages, losses, expenses, judgments, demands and defense costs
(including, without limitation, costs and fees of litigation of every nature or liability of any kind
or nature) arising out of or in connection with CONSULTANT's (or CONSULTANT's
subcontractors, if any) negligent (or alleged negligent) performance of this Agreement or its
failure to comply with any of its obligations contained in this Agreement by CONSULTANT, its
officers, agents or employees except such loss or damage which was caused by the sole
negligence or willful misconduct of CITY. CONSULTANT will conduct all defense at its sole
cost and expense and CITY shall approve selection of CONSULTANT's counsel. This
indemnity shall apply to all claims and liability regardless of whether any insurance policies are
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applicable. The policy limits do not act as limitation upon the amount of indemnification to be
provided by CONSULTANT.
9. PROFESSIONAL LIABILITY INSURANCE
CONSULTANT shall obtain and furnish to CITY a professional liability
insurance policy covering the work performed by it hereunder. This policy shall provide
coverage for CONSULTANT's professional liability in an amount not less than One Million
Dollars ($1,000,000.00) per occurrence and in the aggregate. The above -mentioned insurance
shall not contain a self -insured retention, "deductible" or any other similar form of limitation on
the required coverage except with the express written consent of CITY. A claims -made policy
shall be acceptable if the policy further provides that:
A. The policy retroactive date coincides with or precedes the initiation of the
scope of work (including subsequent policies purchased as renewals or
replacements).
B. CONSULTANT shall notify CITY of circumstances or incidents that
might give rise to future claims.
CONSULTANT will make every effort to maintain similar insurance during the
required extended period of coverage following PROJECT completion. If insurance is
terminated for any reason, CONSULTANT agrees to purchase an extended reporting provision
of at least two (2) years to report claims arising from work performed in connection with this
Agreement.
If CONSULTANT fails or refuses to produce or maintain the insurance required
by this section or fails or refuses to furnish the CITY with required proof that insurance has been
procured and is in force and paid for, the CITY shall have the right, at the CITY's election, to
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forthwith terminate this Agreement. Such termination shall not affect Consultant's right to be
paid for its time and materials expended prior to notification of termination. CONSULTANT
waives the right to receive compensation and agrees to indemnify the CITY for any work
performed prior to approval of insurance by the CITY.
10. CERTIFICATE OF INSURANCE
Prior to commencing performance of the work hereunder, CONSULTANT shall
furnish to CITY a certificate of insurance subject to approval of the City Attorney evidencing the
foregoing insurance coverage as required by this Agreement; the certificate shall:
A. provide the name and policy number of each carrier and policy;
B. state that the policy is currently in force; and
C. shall promise that such policy shall not be suspended, voided or canceled
by either party, reduced in coverage or in limits except after thirty (30)
days' prior written notice; however, ten (10) days' prior written notice in
the event of cancellation for nonpayment of premium.
CONSULTANT shall maintain the foregoing insurance coverage in force until the
work under this Agreement is fully completed and accepted by CITY.
The requirement for carrying the foregoing insurance coverage shall not derogate
from CONSULTANT's defense, hold harmless and indemnification obligations as set forth in
this Agreement. CITY or its representative shall at all times have the right to demand the
original or a copy of the policy of insurance. CONSULTANT shall pay, in a prompt and timely
manner, the premiums on the insurance hereinabove required.
agree/surfnet/professional svcs to $49
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11. INDEPENDENT CONTRACTOR
CONSULTANT is, and shall be, acting at all times in the performance of this
Agreement as an independent contractor herein and not as an employee of CITY.
CONSULTANT shall secure at its own cost and expense, and be responsible for any and all
payment of all taxes, social security, state disability insurance compensation, unemployment
compensation and other payroll deductions for CONSULTANT and its officers, agents and
employees and all business licenses, if any, in connection with the PROJECT and/or the services
to be performed hereunder.
12. TERMINATION OF AGREEMENT
All work required hereunder shall be performed in a good and workmanlike
manner. CITY may terminate CONSULTANT's services hereunder at any time with or without
cause, and whether or not the PROJECT is fully complete. Any termination of this Agreement
by CITY shall be made in writing, notice of which shall be delivered to CONSULTANT as
provided herein. In the event of termination, all finished and unfinished documents, exhibits,
report, and evidence shall, at the option of CITY, become its property and shall be promptly
delivered to it by CONSULTANT.
13. ASSIGNMENT AND DELEGATION
This Agreement is a personal service contract and the work hereunder shall not be
assigned, delegated or subcontracted by CONSULTANT to any other person or entity without
the prior express written consent of CITY. If an assignment, delegation or subcontract is
approved, all approved assignees, delegates and subconsultants must satisfy the insurance
requirements as set forth in Sections 9 and 10 hereinabove.
agree/surfnet/professional svcs to $49
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14. COPYRIGHTS/PATENTS
CITY shall own all rights to any patent or copyright on any work, item or material
produced as a result of this Agreement.
15. CITY EMPLOYEES AND OFFICIALS
CONSULTANT shall employ no CITY official nor any regular CITY employee
in the work performed pursuant to this Agreement. No officer or employee of CITY shall have
any financial interest in this Agreement in violation of the applicable provisions of the California
Government Code.
16. NOTICES
Any notices, certificates, or other communications hereunder shall be given either
by personal delivery to CONSULTANT's agent (as designated in Section 1 hereinabove) or to
CITY as the situation shall warrant, or by enclosing the same in a sealed envelope, postage
prepaid, and depositing the same in the United States Postal Service, to the addresses specified
below. CITY and CONSULTANT may designate different addresses to which subsequent
notices, certificates or other communications will be sent by notifying the other party via
personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested:
TO CITY:
City of Huntington Beach
ATTN: STANLEY SMALEWITZ
2000 Main Street
Huntington Beach, CA 92648
agree/surfnet/professionalsvcs to $49
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TO CONSULTANT:
BRUCE W. HULL, M.A.I.
Bruce W. Hull & Associates, Inc.
1056 E. Meta, #202
Ventura, CA 93001
17. CONSENT
When CITY's consent/approval is required under this Agreement, its
consent/approval for one transaction or event shall not be deemed to be a consent/approval to
any subsequent occurrence of the same or any other transaction or event.
18. MODIFICATION
No waiver or modification of any language in this Agreement shall be valid
unless in writing and duly executed by both parties.
19. SECTION HEADINGS
The titles, captions, section, paragraph and subject headings, and descriptive
phrases at the beginning of the various sections in this Agreement are merely descriptive and are
included solely for convenience of reference only and are not representative of matters included
or excluded from such provisions, and do not interpret, define, limit or describe, or construe the
intent of the parties or affect the construction or interpretation of any provision of this
Agreement.
20. INTERPRETATION OF THIS AGREEMENT
The language of all parts of this Agreement shall in all cases be construed as a
whole, according to its fair meaning, and not strictly for or against any of the parties. If any
provision of this Agreement is held by an arbitrator or court of competent jurisdiction to be
unenforceable, void, illegal or invalid, such holding shall not invalidate or affect the remaining
covenants and provisions of this Agreement. No covenant or provision shall be deemed
dependent upon any other unless so expressly provided here. As used in this Agreement, the
masculine or neuter gender and singular or plural number shall be deemed to include the other
whenever the context so indicates or requires. Nothing contained herein shall be construed so as
agree/surfnet/professional svcsto $49
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to require the commission of any act contrary to law, and wherever there is any conflict between
any provision contained herein and any present or future statute, law, ordinance or regulation
contrary to which the parties have no right to contract, then the latter shall prevail, and the
provision of this Agreement which is hereby affected shall be curtailed and limited only to the
extent necessary to bring it within the requirements of the law.
21. DUPLICATE ORIGINAL
The original of this Agreement and one or more copies hereto have been prepared
and signed in counterparts as duplicate originals, each of which so executed shall, irrespective of
the date of its execution and delivery, be deemed an original. Each duplicate original shall be
deemed an original instrument as against any party who has signed it.
22. IMMIGRATION
CONSULTANT shall be responsible for full compliance with the immigration
and naturalization laws of the United States and shall, in particular, comply with the provisions
of the United States Code regarding employment verification.
23. LEGAL SERVICES SUBCONTRACTING PROHIBITED
CONSULTANT and CITY agree that CITY is not liable for payment of any
subcontractor work involving legal services, and that such legal services are expressly outside
the scope of services contemplated hereunder. CONSULTANT understands that pursuant to
Huntington Beach City Charter Section 309, the City Attorney is the exclusive legal counsel for
CITY; and CITY shall not be liable for payment of any legal services expenses incurred by
CONSULTANT.
agree/surfnet/professional svcs to $49
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24. ATTQRNLYIS FFP�
In the event ,it It Is brought, by either party to construe, interpret and/or enforce the
terms and or provisions of this Agreement or to secure the perforniance hereof, each party shall
hear its own attorney's Cecs. Such that the prevailing party shall not be entitled to recover its
attorney's fees from the. nonprevailim, party
25� SURVIVAL
Ferms and conditions of this Agreerrierti, Ns htch by their sense and context survive
the expirm](at Or turmination ofth's, Agreenicni, shall SO SUINIVe.
26. GOVIIRNIN6 LAW
This, Agreement Shall he governed and construed in accordance A,,Ith the laws of
the State Of C'alifomla.
27. if I( J I
Bach undersigned represents and ykarranrthat its Signature hereinbelow has the
power. authority and right to bind their respective, parties to each of the terms ofthis Agrcernerlt,
and shall irt(feninwy crr),, lidly for any iiijuries or damages to CITY in the event that such
authority or power is not, in list, held by the or is withdrawn,
CON"St TTAN'T's initials
28, Y NTI RIJN
The parties acknowledge and agree that they are entering into this Agreement
frcelv and voluntarih, cx�onsivc, arm's lcn(�th ne -te
I I C gotiation, and that each has had III
opportunity to Consult with legal counsel prior to executing this Agreement. The parties also
,ickriowk . t�
,d(, and agrec, fh;�t, no rc�presellrlliorrs, inducements,
e promises, agreements or
warranties, oral or othei-wise, have been made by that party or anyone acting on that party's
10
behalf. which are not embodied in this Agreement, and that that party has not executed this:
Agicement in reliance can any rcpaesentation, inducement, promise, agreement, warranty, fact or
ciivunistancc not expressly set forth in this ,\greement. ldtis Agreement, and the r,ttachcd
e, hihit , contain the entire agreement bet�G�cQn the parties respecting the subject matter of this
Agreement. and supersede: all prior undcrstandings and agreements whether oral or in ",ruing
between the parties respecting the subject lnaiter hereof.
1 XIT'INTSS Wl1f:h1{t,F, the patties hereto have caused this Agreement to be
cxcented by and through their authorized officers. This Agreement shall be eMetive on the date
of its approval by the City Auortley. This r\greetnent shall expire when terminated as provided
herein.
E'C>NSTJIA' 1N"I,
(,OMPAN NA11I_
I3y: _
Briar name
I`I;S: (t .wrleof,")Chaim)"tW rsid1' `,ice PI esident
AND
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ITS: tCWCIeOW" SeoretxrV:("ht8l"Finlnc,isiIOfl7ecr`Asst.
kccretan Ire��sitrer
CITE' 01, HUNTINGTON BEACH.
a municipal corporation- of the State of
California /
�c!rtc'q�tC elEl� 1,%v 'DirectorX'hiet
(Puv"s14aII,f 7'u t411,11C §3. ti3. 100)
AI'1'lZC}VED 1\S TO FORM:
City Attorney
Irate _ — 3-1-3 l _
)EXHIBIT "A"
STATEMENT OF WORK
A. STATEMENT OF WORK
CONSULTANT shall establish the value of the land and improvements to be used as the
basis for establishing a tax rate to support a Mello -Roos Community Facilities District (CFD) and
issuance of bonds to finance public facilities within the District. CONSULTANT shall provide an
Appraisal that is consistent with the complexity of the Appraisal assignment. The Appraisal would
be prepared and reported in accordance with the Uniform Standards of Professional Appraisal
Practice (USPAP) adopted by the Appraisal Foundation, the California Debt and Investment
Advisory Commission's Appraisal Standards for Land -Secured Financing, and the Code of
Professional Ethics and Standards of Professional Conduct Appraisal Institute. The function of the
Appraisal would be for use by the City of Huntington Beach and its attorneys to establish the value
of the land and improvements to be used as the basis for establishing a tax rate to support a Mello -
Roos CFD and the issuance of bonds to finance the public facilities within the District.
Scope of Services: The purpose of the Appraisal is to derive the "as is" bulk sale market
value of the subject property assuming the completion of infrastructure to be financed by the
District. The scope of work will include the preparation of a full Appraisal and a detailed
Summary Appraisal to be included in the offering document for the bonds. The format,
substance and quality of the Appraisal and Summary must be of a type used in connection with
land secured financings. As part of the closing documents for the bonds, the City will require a
certificate from the CONSULTANT that the City is authorized to use the Appraisal in the Bond
Official Statement, that the information regarding the Appraisal is properly presented in the
Official Statement, and that the Appraisal summary is complete and accurate. The Appraisal
Report is to provide a strong base of information regarding the value including market
comparables and a discounted cash flow or income analysis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES
1. To provide an Appraisal Report consistent with all recognized and applicable
standards and the methodology must be fully supported.
2. The appraiser will prepare a complete summary of the Appraisal Report for
publication in the Preliminary and Final Offering Statements and the full Appraisal Report will be
publicly available.
3. The appraiser will be required to review the narrative description of the Appraisal and
other reference to value in the body of the Preliminary and Official Statements and sign a certificate
affirming that the information is properly presented and that the summary is complete and accurate.
4. A draft Appraisal Report will be provided to the financing team for review and
comment at least two weeks prior to the established completion date.
Nova/contracts/ Exhibit A
EXHIBIT A
Statement of Work
5. The appraiser will periodically meet, as necessary, with the financing team to discuss
the appraisal methodology, the timing of improvements and resolve complex issues.
6. The appraiser will provide three printed copies of the final Appraisal Report, which
will also be available in a .PDF file.
C. CITY'S DUTIES AND RESPONSIBILITIES
1. Staff to communicate with the appraiser on a regular basis within the duration
between the commencement and implementation of the Final Appraisal Report.
D. WORK PROGRAM / PROJECT SCHEDULE
Week 1: Preliminary Investigation
Data Gathering
Plan Review
Focus Meeting with all Participants
Week 2: Complete Field Inspection
Verification of Sales
Market & Feasibility Analysis
Week 3: Detailed Analysis of Discounted Cash Flows
Land Valuation
Week 4: Finalize all Cash Flows
Reconcile Land Valuation
Report Writing
Detailed Correlation of all Applicable Valuation Methodologies
Week 5: Report Writing including Exhibits
Final Internal Review
Editorial Overview
Deliver Draft Appraisal
Week 6: Upon Review and Notice, Finalize Appraisal
Nova/contracts/ Exhibit A
EXHIBIT A
Statement of Work
EXHIBIT "B"
Payment Schedule (Fixed Fee Payment)
1. CONSULTANT shall be entitled to monthly progress payments toward the fixed fee
set forth herein in accordance with the following progress and payment schedules:
Complete the Scope of Services for a not -to -exceed amount of $35,000:
Position Hourly Rate
MAI Appraiser
$250
Senior Appraiser
$185
Staff Appraiser
$150
Junior Appraiser
$125
Administrative
$ 95
Payment shall be processed by the following schedule within 30 days of receipt of
invoice:
Preliminary opinion of range of value — 25% of payment due
Electronic mail of a draft report — 25% of payment due
Completion of the appraisal report and delivery of a bond report
to the City of Huntington Beach — 50% of payment due
2. Delivery of work product: A copy of every memorandum, letter, report, calculation
and other documentation prepared by CONSULTANT shall be submitted to CITY to demonstrate
progress toward completion of tasks. In the event CITY rejects or has comments on any such
product, CITY shall identify specific requirements for satisfactory completion.
3. CONSULTANT shall submit to CITY an invoice for each monthly progress payment
due. Such invoice shall:
A) Reference this Agreement;
B) Describe the services performed;
C) Show the total amount of the payment due;
D) Include a certification by a principal member of CONSULTANT's firm that
the work has been performed in accordance with the provisions of this
Agreement; and
E) For all payments include an estimate of the percentage of work completed.
Upon submission of any such invoice, if CITY is satisfied that CONSULTANT is making
satisfactory progress toward completion of tasks in accordance with this Agreement, CITY shall
approve the invoice, in which event payment shall be made within thirty (30) days of receipt of the
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
invoice by CITY. Such approval shall not be unreasonably withheld. If CITY does not approve an
invoice, CITY shall notify CONSULTANT in writing of the reasons for non -approval and the
schedule of performance set forth in ]Exhibit "A" may at the option of CITY be suspended until the
parties agree that past performance by CONSULTANT is in, or has been brought into compliance, or
until this Agreement has expired or is terminated as provided herein.
4. Any billings for extra work or additional services authorized in advance and in
writing by CITY shall be invoiced separately to CITY. Such invoice shall contain all of the
information required above, and in addition shall list the hours expended and hourly rate charged for
such time. Such invoices shall be approved by CITY if the work performed is in accordance with the
extra work or additional services requested, and if CITY is satisfied that the statement of hours
worked and costs incurred is accurate. Such approval shall not be unreasonably withheld. Any
dispute between the parties concerning payment of such an invoice shall be treated as separate and
apart from the ongoing performance of the remainder of this Agreement.
Surfnet Exhibit B
EXHIBIT B
Fixed Fee Payment
.CORD CERTIFICATE OF INSURANCE
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DESCRIP-TION OT OPER:11-I()NS;C.O(�:i"CI(?NSL"1'FIIICI..ES,,SPI.CI :I. It EMS
This policy covers any employee or independent contractor of the named insured while_ performing residential real estate
appraisals in their capacity as all employee or independent contractor of Bruce W. Hull & Associates, Inc.
Certificate Holster:
ChN of 11untington Beach
2000 Main Street
Huatiagton Beach, CA 92648
A.I1(II'ew Silverman
'•� �•;9 � '-r. I�l -
Professional Service Contracts
Purchasing Certification
1. Date: 2/23/09
3. Department: Economic Development
2. Contract Number: ECD CCU 5"Oee' Od
4. Requested by: Nova Punongbayan
5. Name of consultant: Bruce W. Hull & Associates, Inc.
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
See Attachment A
7. Amount of the contract: $35,000
8. Are sufficient funds available to fund this contract?' ® Yes ❑ No
9. Is this contract generally described on the list of professional service contracts approved by the City
Council?' ® Yes ❑ No
10. Business Unit and Object Code where funds are budgeted: 10080501.69300
11. Is this contract less than $50,000? ® Yes ❑ No
12. Does this contract fall within $50,000 and $100,000? ❑ Yes ® No
13. Is this contract over $100,000? ❑ Yes ® No
(Note: Contracts requiring City Council Approval need to be signed by the Mayor and City Clerk. Make
sure the appropriate signature page is attached to contract.)
14. Were formal written proposals requested from at least three available qualified consultants?
❑ Yes ® No
15. Attach list of consultants from whom proposals were requested (including a contact telephone number).
See In1ker-Agency Agreement documentation from Moreno Valley
16. Attach proposed scope of work.
See Exhibit A
17. Attach proposed payment schedule.
See Exhibit B
ter.- A
RICHPAD AMADRIL
Central Services Manager 4/
1. If the answer to this question is "No," the contract will require approval from the City Council.
i�
h`
Memorandum
/11VMIR�mM1�,Itm�/1t�t�CltN1iYN�1*�fi'DWaM:+Nu�
To:
Nova Punongbayan
CC:
From:
Bruce Hull, MAI
Date:
6/212008
Re:
Contract
Please find a contract with the City of Moreno Valley.
I am in the midst of completing the assignment.
1
JUN-02-2008 11:08 P.01
Public Works Department
Special Districts
14325 Fraderick Street Suite 9
P.O. Box 88005
Moreno Valley, CA 92552-0805
Telephone: 951.413340
FAX: 951AI33498
September 5, 2007
Bruce W. Hull & Associates
1056 E. Meta # 202
Ventura, CA 93001
Attention:. Bruce Hull, Principal
Subject: Signed Agreement for Professional Services — Appraisal Services
Project No. 04-51710
Dear Mr. Hull:
Enclosed is an original executed Agreement for Professional Appraisal Services
— Project No. 04-51710. We ask that your firm commence service for this
project, including preparing and submitting a written report of your findings in
accordance with the terms of this Agreement.
City staff looks forward to working with you on this project; If you have any
questions, please contact me at (951) 413-3491
Sincerely,
Chris Vogt, P.E.
Publig Works Di ctor/City Engineer
Sharon Sharp
Senior Management Analyst
C: Sue Anne Maxinoski, Special Districts Division Manager
Mike Sylvia, Special Districts Program Manager
File
Enclosures - One Original Signed Agreement
W.%W6a10ishsharon9\CF0 No. 4 Ridge Property Trust\consurmnts\AppralsMSlgned Agreement _ 04-5171 0ooveft.doc
JUN-02-2008 11:08 99% P 02
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO.04- 51110
This Agreement is made and entered into effective on the date the City Manager signs
this Agreement. This Agreement is by and between the City of Moreno Valley, California, a
municipal corporation, hereinafter described as "City," and Bruce W. Hull & Associates, inc.,
a California corporation hereinafter described as "Consultant."
RECITALS
WHEREAS, the City has determined it is in the public interest to proceed with the
work hereinafter described as "Project'; and
WHEREAS, the City has determined the Project involves the performance of
professional and technical services of a temporary nature as more specifically described in
Exhibit "A" (City's Request for Proposal), Exhibit "B" (Consultant's Proposal) and "Exhibit B-
1 (Consulant's Revised Proposal) hereto; and
WHEREAS, the City does not have available employees to perform the services for
the Project; and
WHEREAS, the City has requested the Consultant to perform such services for the
Project; and
WHEREAS, the Consultant is professionally qualified in California to perform the
professional and technical services required for the Project;
THEREFORE, the City and the Consultant, for the consideration hereinafter
described, mutually agree as follows:
1
JUN-02-200e 11:oe 98i Pe03
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO.04-51710
DESCRIPTION OF PROJECT
1. The Project is. to provide Appraisal Services for the purpose of forming a
proposed Community Facilities District (CFD) on property to be developed within the City of
Moreno Valley, described as Centerpointe Business Park, which is identified in Exhibit 4A"
as Attachment (site map), for use in calculating the bond issuance in connection with the
formation of CFD No. 4, Project No. 04-51710.
SCOPE OF SERVICES
2. The Consultant's scope of service is described on Exhibit "B" and updated on
Exhibit "B-1' and Exhibit "E" (Appraisal Schedule) attached hereto and incorporated herein
by this reference. The Consultant's scope of services shall provide for the performance of
n
work as described in the City's Request for Proposal (RFP) Exhibit "A". In the event of a
conflict, the City's RFP shall take precedence over the Consultant's Proposal.
3. ' The City's) responsibility is described on Exhibit "C" attached hereto and
incorporated herein by this reference.
PAYMENT TERMS
4. The City agrees to pay the Consultant and the Consultant agrees to receive a
"Not -to -Exceed" fee of $50,000 in accordance with the payment terms provided on Exhibit
"D" attached hereto and incorporated herein by this reference,
TIME FOR PERFORMANCE
5. The Consultant shall commence services upon receipt of written direction to
proceed ("Notice to Proceed") from the City.
6. The Consultant shall perform the work described in Exhibit "A" in accordance
with the schedule set forth in Exhibit "E" attached hereto and incorporated by this reference.
2
JUN-32-200e 11:89 99Z 1 P.84
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO.04-61710
7, The Consultant and the City agree that the schedule as referred to in
Paragraph 6, on page 2 herein, and as provided herein on Exhibit E, represents their best
estimates with respect to scheduled completion, and both the Consultant and the City
acknowledge that it will not unreasonably withhold approval of the Consultant's requests for
extensions of time in which to complete the work required of the Consultant hereunder.
8. The Consultant shall not be responsible for performance delays caused by
others or delays beyond the Consultant's reasonable control, and such delays shall extend.
the time for performance of the work by the Consultant. Delays caused by nonperformance
or unjustified delay in performance by a subconsultant of the Gonsultant are not considered
to be beyond the Consultant's reasonable control.
9. (a) The Consultant agrees thatthe personnel, including the principal project
manager, and all subconsultants assigned to the Project by the Consultant, shall be subject
to the prior approval of the City.
(b) No change in subconsultants or key personnel shall be made by the
Consultant without written prior approval of the City.
SPECIAL PROVISIONS
10. It is understood and agreed that the Consultant is, and at all times shall be, an
independent contractor, and nothing contained herein shall be construed as making the
Consultant or any individual whose compensation for services is paid by the Consultant, an
agent or employee of the City, the Moreno Valley Community Services District (CSD) or City
of Moreno Valley Redevelopment Agency (RDA) or authorizing the Consultant to create or
assume any obligation or liability for or on behalf of the City, CSD or RDA.
11. The Consultant may also retain or subcontract for the services of other
necessary consultants with the prior written approval.of the City. Payment for such services
3
JUN-02-2008 11:®9 98% P.05
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO. 04-51710
shall be the responsibility of the Consultant. Any and all subconsultants employed by the
Consultant shall be subject to the terms and conditions of this Agreement, except that the
City shall have no obligation to pay any subconsultant for services rendered on the Project.
12. The Consultant and the City agree to use reasonable care and diligence to
perform their respective services under this Agreement. Unless hereinafter specified, neither
party shall be responsible for the services of the other or any subcontractor or subconsultant
employed by the other party.
13. The Consultant shall comply with applicable federal, state, and local laws in the
performance of work under this Agreement.
14. (a) The Consultant agrees to indemnify, defend, and save the City, the Moreno
Valley Community Redevelopment Agency (RDA), and the Moreno Valley Community
Services District (CSD), their officers, agents and employees harmless from any and all
liability, claims, demands, damages, or injuries to any person, including injury to the
Consultant's employees and all claims which arise from or are connected with the negligent
performance of or failure to perform the worts or other obligations of the Consultant under this
Agreement, or are caused or claim to be caused by the negligent acts of the Consultant, its
officers, agents or employees, or its subconsultant(s) or any person acting for the Consultant
or under its control or direction; provided, however, that this indemnification and hold
harmless shall not include claims arising from the sole negligence or willful misconduct of the
City, RDA, and CSD, their officers, agents or employees.
(b) The City agrees to indemnify, defend and save the Consultant and their
officers, agents and employees harmless from any and ail liability, claims, damages or
injuries to any person, including injury to the City's, RDA's and CSD's employees and all
claims which arise from or are connected with the negligent performance or failure to perform
4
JUN-02-2009 11:09 99i P.06
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO.04-51710
the services or other obligations of the Clty under this Agreement, or are caused or claim to
be caused by the negligent acts of the ,City, RDA and CSD, their officers, agents or
employees, or its subcontractor(s) or any person acting for the City or under its control or
direction; provided, however, that this Indemnification and hold harmless shall not include any
claims arising from the sole negligence or willful misconduct of the Consultant, its officers,
agents, or employees.
15. (a) The Consultant shall procure and maintain, at its sole expense,
throughout the term of this Agreement and any extension thereof, Professional Errors and
Omission Insurance coverage in the form and substance and with carriers acceptable to the
City. Such coverage limits shall not be less than $1,000,000 per claim and aggregate.
(b) During the entire term of this Agreement, the Consultant agrees to
procure and maintain General Liability Insurance in form and substance and with carriers
acceptable to the City at its sole expense to protect against loss from liability imposed by law
for damages on account of bodily injury, including death therefrom, suffered or alleged to be
suffered by any person or persons whomever, resulting directly or indirectly from any act or
activities of the Consultant its sub -consultant or any person acting for the Consultant or under
its control or direction, and also to protect against loss from liability imposed by law for
damages to any property of any persons caused directly or indirectly by or from acts or
activities of the Consultant or its subconsultants, or any person acting for the Consultant or
under its control or direction.
(c) Such General Liability Insurance shall be maintained in full force and
effect throughout the terns of the Agreement and any extension thereof in the minimum
limits as provided:
5
JUN-02-2008 11.10 99i P. 37
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO. 04-51710
General Lia0ity
Bodily Injury $1,000,000 per occurrence
Property Damage $1,000,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000 will be
considered equivalent to the above minimum limits.
(d) If the operation under this Agreement results in an increased or
decreased risk in the opinion of the City Manager, then the Consultant agrees that the
minimum limits hereinabove designated shall be changed accordingly upon request by the
City Manager.
(e) The Consultant shall procure and maintain, at its sole expense, and
throughout the term of this Agreement and any extension thereof, Public Liability and
Property Damage Insurance coverage for owned and nonowned automotive equipment
operated on City premises. Such coverage limits shall not be less than $1,000,000 combined
single limit.
(f) The Consultant shall procure and maintain, at its sole expense, Workers'
Compensation Insurance in such amounts as will fully comply with the laws of the State of
California and which shall indemnify, insure and provide legal defense for both the Consultant
and the City, RDA and CSD against any loss, claim, or damage arising from any injuries or
occupational diseases happening to any worker employed by the Consultant in the course of
carrying out the Agreement.
(g) A Certificate of Insurance and appropriate additional insured
endorsement evidencing the above insurance coverage shall be submitted to the City Clerk
prior to the execution of this Agreement on behalf of the City.
6
JUN-02-2aa8 11 1a 99i P.aB
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO. 04-51710
(h) The Certificate of Insurance or an appropriate binder shall bear an
endorsement containing the following provisions:
"Solely as respect to services done by or on behalf of the named insured for
the City of Moreno Valley, it is agreed that the City of Moreno Valley, the
Community Redevelopment Agency of the City of Moreno Valley, and the
Moreno Valley Community Services District, their officers, employees and
agents are included as additional insured under this general liability policy and
the coverage(s) provided shall be primary insurance and not contributing with
any other insurance available to the City of Moreno Valley, the Moreno
Valley Community Redevelopment Agency, and the Moreno Valley
Community Services District, its officers, employees and agents, under any
third party liability policy."
(i) Insurance companies providing insurance hereunder shall be rated
(A minus: VII - Admitted or better) in Bests Insurance Rating Guide and shall be legally
licensed and qualified to conduct insurance business in the State of California.
0) The terms of the insurance policy or policies issued to provide the above
insurance coverage shall not be amended to reduce the above required insurance limits and
coverages nor shall such policies be canceled by the carrier without thirty (30) days prior
written notice by certified or registered mail of amendment or cancellation to the City, except
that cancellation for nonpayment of premium shall require ten (10) days prior written notice
by certified or registered mail. In the event the said insurance is canceled, the Consultant
shall, prior to the cancellation date, submit to the City Clerk new evidence of insurance in the
amounts established.
7
JUN-02-2008 11:10 98! P.09
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO. 04-51710
16. During the performance of this Agreement, the Consultant will not unlawfully
discriminate against any employee or applicant for employment because of race, religion,
creed. color, national origin, sex, or age. The Consultant will take affirmative action to ensure
that applicants are employed, and that employees are treated during employment without
regard to their race, religion, creed, color, national origin, sex, or age.
17. Consultant and subconsultants shall pay prevailing wage rates when required
by the Labor Laws of the State of California.
18. (a) The Consultant shall deliver to the Special Districts Manager or her
designated representative, fully completed and detailed project -related documents which
shall become the property of the City. The Consultant may retain, for its files, copies of any
and all material, including drawings, documents, and specifications, 'produced by the
Consultant in performance of this Agreement.
(b) The Consultant shall be entitled to copies of all furnished materials for
his files and his subconsultants, if any.
(c) The City agrees to hold the Consultant free and harmless from any claim
arising from any unauthorized use of computations, maps, and other documents prepared or
provided by the Consultant under this Agreement, if used by the City on other work without
the permission of the Consultant. Consultant acknowledges that Consultant work product
produced under this agreement may be public record under State law.
19. (a) The City may terminate this Agreement without fault on the part of
Consultant by giving at least ten (10) days written notice to the Consultant. The written
notice shall specify the date of termination. Upon receipt of such notice, the Consultant may
continue services on the project through the date of termination, provided that no service(s)
shall be commenced or continued after receipt of the notice, which is not intended to protect
8
JUN-02-2008 11:10 99% P.10
AGREEMENT FOR PROFESSIONAL. CONSULTANT
APPRAISAL SERVICES.
PROJECT NO.04-51710
the interest of the City. The City shall pay the Consultant within thirty (30) days after the date
of termination for all nonobjected to services performed by the Consultant in accordance
herewith through the date of termination. Such termination may be effective immediately.
(b) Either party may terminate this Agreement for cause. In the event the
City terminates this Agreement for cause, the Consultant shall perform no further service(s)
under the Agreement unless the notice of termination authorizes such further work.
20. This Agreement is binding upon the City and the Consultant and their
successors and assigns. Except as otherwise provided herein, neither the City nor the
Consultant shall assign, sublet, or transfer Its interest in this Agreement or any part thereof
without the prior written consent of the other.
21. A City representative shall be designated by the City and a Consultant
representative shall be designated by the Consultant. The City representative and the
Consultant representative shall be the primary contact person for each party regarding
performance of this Agreement. The City representative shall cooperate with the Consultant,
and the Consultant's representative shall cooperate with the City in all matters regarding this
Agreement and in such a manner as will result in the performance of the services in a timely
and expeditious fashion.
22. This Agreement represents the entire and integrated Agreement between the
City and the Consultant, and supersedes all prior negotiations, representations or
Agreements, either written or oral. This Agreement may be modified or amended only by a
subsequent written Agreement signed by both parties.
23. Where the payment terms provide for compensation on a time and materials
basis, the Consultant shall maintain adequate records to permit inspection and audit of the
Consultant's time and materials charges under this Agreement. The Consultant shall make
9
JUN-02-20ae 11:11 99i
P.11
AGREEMENT FOR PROFESSIONAL CONSULTANT
APPRAISAL SERVICES
PROJECT NO. 0451710
such records available to the City at the Consultant's office during normal business hours
upon reasonable notice. Nothing herein shall convert such records into public records.
Except as may be otherwise required by law, such records will be available only to the City.
Such records shall be maintained by the Consultant for three (3) years following completion
of the services under this Agreement.
24. The City and the Consultant agree, that to the extent permitted by law, until final
approval by the City, all data shall be treated as confidential and will not be released to third
parties without the prior written consent of both parties.
25. The Consultant shall employ no City official or employee in the work performed
pursuant to this Agreement. No officer or employee of the City shall have any financial
interest in this Agreement in violation of federal, state, or local law.
26. Al plans, drawings, specifications, reports, logs, and other documents prepared
by the Consultant in its performance under this Agreement shall, upon completion of the
project, be delivered to and be the property of the City, provided that the Consultant shall be
entitled, at its own expense, to make copies thereof for its own use.
27. The laws of the State of California shall govern the rights, obligations, duties,
and liabilities of the parties to this Agreement, and shall also govem the interpretation of this
Agreement.
SIGNATURE PAGE FOLLOWS
10
JUN-02-200e 11:11 99% P.12
IN WITNESS HEREOF, the parties have each caused their auttwrized representative to'
execute this Agreement.
City of Moreno Valley
APPROVED AS TO
DATE:
Exhibits
FORM:
Bruce W. Hull and Associates, Inc.
BY: ..�.-'
TITLE. Vvr�tx�
(President or Vice President)
BY:
Date
vtaas
JUN-02-2008 11:11 99i P.13
Public Works Department
Enterprise Services Administration
14325 Frederick Street, Suite 9
P.O. Box 88005
Moreno Valley, CA 92552-0805
Telephone: 951.413.3480
FAX: 951,413.3498
October 9, 2006
Bruce Hull
Bruce Hull and Associates Inc.
1056 E. Meta Street, #202
j Ventura, CA 93001
SUBJECT. REQUEST FOR PROPOSAL — PROJECT NO.07-517%
APPRAISAL SERVICES FOR THE PURPOSE OF FORAGING
COMMUNITY FACILITIES DISTRICT (CFD) NO: 7
INDIAN STREET PROJECT
1. INVITATION and SUBMITTAL PROCEDURES
You are hereby invited by the Public Works Department, Enterprise Services
Administration Division, to submit a Proposal for Professional Appraisal Services
(Proposal), for the purpose of preparing an appraisal report on commercial/industrial
properties located within the City of Moreno Valley, as identified on the enclosed map
(Attachment A) in accordance with the provisions provided herein.
Five (5) copies of the proposal, containing all required information as set forth in this
Request for Proposal (RFP), shall be submitted for consideration to the:
City of Moreno Valley
Public Works Department
Enterprise Services Administration Division
14325 Frederick Street, Suite 9
P. O. Box 88005
Moreno Valley, CA 92552-0805
Attn: Sue Maxinoski, Special Districts Coordinator
Submissions should be received no later than 5:00 p.m., Wednesday, November 8,
2006. Late Proposals will not be accepted. Clearly label the proposal package:
RESPONSE TO RFP — APPRAISAL PROPOSAL FOR ISSUANCE OF SPECIAL TAX
BONDS FOR PROPOSED COMMUNITY FACILITIES DISTRICT NO. 7 - INDIAN
STREET PROJECT — PROJECT NO. 07-51710 — DO NOT OPEN WITH REGULAR
MAIL.
Exhibit A
RFP for Appraisal Services
11. PROJECT DESCRIPTION
At the direction of the City of Moreno Valley (the "City") Enterprise Services
Administration (ESA), staff shall select for recommendation to the City Manager an
Appraisal firm (Consultant) to perform appraisal services on approximately 582 acres of
commercial/industrial zoned property located within the City of Moreno Valley known as
CFD No. 7 - Indian Street Project as depicted on the enclosed map. The purpose of the
appraisal is to provide written determination, through the preparation of an appraisal
report, to estimate the fair market value for each parcel of property. This appraisal
report shall be used in calculating the bond issuance in connection with the formation of
a new CFD for the Indian Street Project. The Developer's estimated schedule for
completion of District formation is September 2007; therefore, the completion of the
appraisal shall occur on or before August 2007.
Ill. APPRAISAL SERVICES SCHEDULE
The proposed schedule is as follows:
RFP Submission Deadline ......................
........................................ November 8, 2006
Selection Interviews .:.............................................................. November 22, 2006
Consultant Selection (Award of Contract).......................................December 6, 2006
Notice to Proceed......................................................................... December 13, 2006
IV. PROJECT (BUDGET
The City of Moreno Valley will pay from an invoice submitted with (3). three copies of
the completed appraisal report.
V. SCOPE OF WORK
A. Services to be Furnished by the Consultant shall include, but not be limited to:
1. Inspect the subject properties.
2. Gather and analyze information on the subject properties valuation.
3. Review title reports.
4. Prepare the Appraisal Report(s), which shall include all maps, charts, data
descriptions, tables and photos, and provide 3 bound copies of such report(s).
5. Prepare and submit certification of the appraisal.
6. List and identify each work item as a task, either a "one-time" task, i.e. final
report, or an "ongoing" task, i.e. draft in Consultant Proposal.
7. Consultant shall identify the process by task for performing each job (i.e.
inspection of subject property, etc.) and prepare a time line to show duration
for each identified task, including deadlines dates for each task in Consultant
Proposal.
Page 2
RFP for Appraisal Services
8. Identify and assign a resource to each task, i.e. a job description and
identification of costs associated with the task (either a one-time cost or
ongoing cost) in Consultant Proposal.
B. Consultant's Procedural Standards shall include, but not necessarily be limited to: .
1. Consultant shall designate a senior staff member as Project Manager for all
.work performed by Consultant on behalf of the City. Said designee shall be
Consultant's primary liaison with ESA staff in all matters relating to work
described herein for the term of the Contract.
2. Consultant shall allow for attendance of pertinent staff at up to four (4)
meetings as deemed necessary by the ESA Manager.
C. Consultant's Responsibilities shall include, but are not necessarily limited to:
1. Retaining any necessary subconsultants. All subconsultants shall answer
directly to the Consultant. City approval of any proposed subconsultants will
be required prior to execution of the Agreement.
2. Expending due diligence to ensure accuracy in the process and provide
clear written documentation concerning the approach takers to derive at the
appraisal.
3. Employing strict confidentiality of all documents made available by ESA to
the Consultant, subconsultant or any other appointed entity, in the course of
completing the project, which contains private and/or confidential
information, which includes but is not limited to property owner's names
and/or addresses.
4. Delivering and picking up documents to and from any agency, District or
Departments of the City.
D. Research of Information
The City shall make available all available records on regularly scheduled
workdays. City copy machines will be made available to the Consultant to
reproduce any documents or other records ESA has in its possession as necessary
for the Consultant's use in performing the required services. Additional
information, not available from the City, is the responsibility of the Consultant to
obtain.
E. Submittals to City &Project Reporting
1. The Consultant shall meet with, ESA staff to discuss task list and associated
jobs for further input and approval prior to.commencing initial. review.
Page 3
RFP for Appraisal Services
2. The Consultant shall. provide project progress reports on a weekly basis,
including percent of completion. Consultant's work products shall be
reviewed by ESA staff, who shall either approve or make recommendations
for mod ificationslcorrections.
VI. CONSULTANT'S PROPOSAL AND COMPENSATION
Consultant's Proposal shall include the following:
A. A statement that this RFP shall be incorporated in its entirety as a part of the
Consultant's Proposal.
B. A statement that this RFP and the Consultant's Proposal will jointly become part of
the "Agreement for Professional Consultant Services" for this project when said
Agreement is fully executed by the Consultant and the City Manager of the City of
Moreno Valley.
C. A statement that Appraisal services to be provided and the fees therefore, will be in
accordance with the District's RFP, except as otherwise specified in Consultant's
Proposal under the heading "EXCEPTIONS TO THE CITY'S REQUEST FOR
PROPOSAL."
D. A single and separate section with the heading "EXCEPTIONS TO THE CITY'S
REQUEST FOR PROPOSAL" containing a complete and detailed description of all
of the exceptions to the provisions and conditions of this RFP upon which
Consultant's Proposal is contingent and which may take precedence over this RFP.
If Consultant's Proposal contains no exceptions to this RFP, Consultant shall
include this section and indicate "No Exceptions".
E. A statement of qualifications applicable to this project including the names,
qualifications and proposed duties of the Consultant's staff and any sub,consultants
to be assigned to this project.
F. A list of recent similar projects completed that includes.the names, titles, addresses
and telephone numbers of the appropriate persons who ESA could contact.
G. A statement that all charges for Appraisal services is based upon a "Not to Exceed
Fee" as submitted with and made a part of said Consultant's Proposal.
H. A copy of the Consultant's hourly rate schedule and a statement that said hourly
rate schedule is part of the Consultant's Proposal for use in invoicing for progress
payments and for extra work incurred that is not part of this RFP.
I. A statement that all data, documents, and other products used during the life of the
project shall remain in the public domain upon project completion.
J. A statement that the Consultant will not discriminate against any employee or
applicant for employment because of race, color, religion, sexual orientation or
national origin.
. Page 4
RFP for Appraisal Services
K. Responses to this RFP shall become the property of the City and will be retained or
disposed of accordingly.
L. A statement that neither the District or the City are obligated in any way to pay any
costs incurred by Consultant in the preparation and submittal of Consultant's
response to this RFP.
Vil. PAYMENT(S) TO CONSULTANT
ESA will pay the Consultant for all acceptable services rendered in accordance with
the "Agreement for Professional Consultant Services."
VIII. INSURANCE
A. The successful Consultant shall file with the City Clerk certificates indicating proof
that insurance policies, as required in the Agreement, have been obtained. In the
event that. such policies should become inoperative at any time before the
completion of the work, all work shall cease immediately until new policies are
obtained, and time so loss as a result of inoperative policies shall not entitle
Consultant to any extension of additional time.
" B. Insurance Requirements
j
1. Errors and omissions professional 'insurance in the amount of $1,000,000
j per occurrence.
2. General Liability (public liability/bodily injury and property damage) in
amounts as follows:
a. Bodily Injury $1,000,000 per occurrence
b. Property Damage $500,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000
will be considered equivalent to the above minimum limits.
3. The Consultant shall have public liability and property damage insurance
--------coverage for owned and non -owned automotive equipment in the amount
of not less than $500,000 combined single limit..
4. The Consultant shall have Worker's Compensation Insurance in the
amounts as will fully comply with the laws of the State of Califomia plus
$1,000,000 for Employer Liability.
5. The Certificate of Insurance or an appropriate binder shall bear an
endorsement containing the following provisions:
"Solely as respect to services done by or on behalf of the named insured
for the City of Moreno. Valley, it is agreed that the City of Moreno Valley,
Page 5
RFP for Appraisal Services
the Community Redevelopment Agency of the City of Moreno Valley and
the Moreno Valley Community Services District, its officers, employees
and agents are included as additional insured under this general liability
policy and the coverages) provided shall be primary insurance and not
contributing with any other insurance available to the City of Moreno
Valley, the Redevelopment Agency of the City of Moreno Valley and the
Moreno Valley Community Services District, its officers and employees.
and agents, under any third party liability policy."
6. Insurance companies providing insurance hereunder shall be rated (A -
minus: VII — admitted or better) in Best's Insurance Rating Guide and shall
be legally licensed and qualified to conduct insurance business in the
State of California.
7. The terms of the insurance policy or. polices issued to provide the above
insurance coverages shall not be amended to reduce the above required
insurance limits and coverages or shall such policies be canceled by the
carrier without thirty (30) days prior written notice by certified or registered
mail of amendment or cancellation to the Agency,. except that cancellation
for non-payment of premium shall require ten (10) days prior written notice
by certified or registered mail. In the event the said insurance is canceled,
the Consultant shall, prior to the cancellation date, submit to the City Clerk
new evidence of insurance in the amount established.
IX. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the "Agreement for Professional Consultant
Services" for the "convenience of the City" at any time by giving ten (10) days written
notice to the Consultant of such termination and specifying the effective date thereof.
{ All finished or unfinished documents, including but not necessarily limited to, drawings,
maps, documents, field notes, reports, logs and. other materials produced and
procured by Consultant under the said aforementioned Agreement are, at the option of
the City, City property and shall be delivered to the City by the Consultant within ten
(10) working days from the date of such termination. The City will reimburse the
1 Consultant for all acceptable work performed as set forth in the executed Agreement.
X. INDEPENDENT CONTRACTOR
Consultant's relationship to the City in the performance of the Consultant's services for
this project is that of an independent contractor. "The personnel performing said
services for this project shall at all times be under the Consultant's exclusive direction
and control and shall be employees of Consultant and not employees of the City, CSD
or Community Redevelopment Agency. Consultant shall pay all wages, salaries, and
other amounts due his employees in connection with the performance of said services
and shall be responsible for all employee reports and obligations, including but not
necessarily restricted to, social security, income tax withholding, unemployment
compensation, and worker's compensation.
Page 6
RFP for Appraisal Services
XI. CONTRACT
The contract includes the Agreement for Professional Consultant Services, City's
Request for Proposal (Exhibit A) Consultant's Proposal (Exhibit B); Services to be
Provided by the City (Exhibit C) and Terms of Payment (Exhibit D).
xll. SELECTION CRITERIA
A. Consultant may be invited to a selection interview. The Selection Panel will consist
of staff members or representatives appointed by the City. The proposals will be
rated according to the following criteria:
1. Demonstrated understanding and ability to efficiently perform the project
requirements.
Z. Adequate professional staff, with verifiable appropriate ability and
experience on like projects to be assigned full term to this project.
3. Proven recent experience on a project of like nature.
4. Completeness, originality, conciseness, and clarity of the response to this
RFP.
B. Proposals failing to provide sufficient information and assurances of performance
to accurately assess each category of the required services and failing to comply
with requirements and conditions of the RFP will not be given further consideration.
If you have any questions, please contact Sue Maxinoski, Special Districts Coordinator, at
(951) 413-3480.
Sincerely,
Chris A. Vogt, P.E.
Director of Public Works/City Engineer
F. BREITKREt1Z
CZ,ntrerprise
Services Manager
Attachment A — Site Map
Attachment B — Copy of Agreement — not executed
C: Project file
W:lSpecDistISharang%AppraisalConsultw tAoc
Page 7
oV
=Indian Street Boundary
Map created 10/10/06
J
. . .........
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m 0 R E N 0
>
v A L 1. E Y
PROPOSAL FOR ISSUANCE OF SPECIAL TAX BONDS FOR
COMMUNITY FACILITIES DISTRICT NO.7
(Project No. 07-5I710)
CITY OF MORENO VALLEY
STATE OF CALIFORNIA
Submitted �y
Bruce W. Hull & Associates, Inc.
1056 E. Meta Street, Suite 202
Ventura, California 93001
115 E. Second Street, Suite 100
Tustin, California 92780
Exhibit S
BRUCE W. HULL & ASSOCIATES INC.
REAL, ESTATE APPRAISERS & CONSULTANTS
November 7, 2006
Mr. Thomas F. Breitkruez
Enterprise Service Manager
City of Moreno Valley
14325 Frederick Street, Suite 9
PO Box 88005
Moreno Valley, California 92662-0805
Reference: Proposal for Appraisal Services
Community Facilities District No.7
(Project No. 07-51710)
Moreno Valley, California
Dear Mr. Breitkrua,
I am pleased to submit a proposal on the above referenced project. The following information is
submitted for your consideration:
Item No. 1 - The Request for Proposal ("RFP") is included in its entirety as part of this
proposal; it is included in the addendum of this proposal
Item No. 2 - The RFP and my proposal ("Appraiser Proposal") will jointly become part of an
agreement between the City and the Appraiser
Item No. 3 - Appraiser Services to be provided
Item No. 4 - Exceptions to the City's Request for Proposal
Item No. 5 - Statement of Qualifications for Bruce Hull, MAI and Kitty Siino, MAI
j Item No. 6 - List of recent projects completed'
Item No. 7 - Statement of Charges
Item No. 8 - Hourly rates of Appraisers and staff
Item No. 9 - Statement regarding data and documents
Item No. 10 - Statement regarding non-discrimination
Item No. 11 - Statement regarding Appraiser not entitled. to costs for preparation of Appraiser's
proposal
1056 E. Meta Street, Suite 202, Ventura, California 93001 - (805) 641-3275 - Facsimile (805) 641-3278
115 E. Second Street, Suite 100, Tustin, California 92780 - (714) 544-9978 - Facsimile (714) 544-9985
Mr. Thomas Brietkruez
City of Moreno valley
November 7, 2006
Page Two
This firm has prepared a number of appraisals for proposed bond issues that are in conformity
with both Uniform Standards Professional Appraisal Practice ("USPAP") and California Debt
and Investment Advisory Commission ("CDIAC") guidelines. in addition, I have provided input
to the CDIAC in setting appraisal standards for CDIAC in 1994 and updated in July 2004. I will
be the principal appraiser.
Kitty Siino, MAI, will also be associated with this project. Ms. Siino's qualifications are also
included in this proposal. Ms. Siino has completed a number of CFD projects in conjunction
with me over the last 10 years.
We are excited about the proposed project and would look forward to working on this project.
We believe that Bruce W. Hull & Associates, Inc. is an experienced firm that can handle large
projects and be responsive with the principal being involved at an active level throughout the
appraisal process. We also believe that our- past experience working with the City of Moreno
Valley (the appraisal of the restructuring of the Auto Mall CFD) is a positive factor.
Respectfully submitted,
B 1[TC1E W. Fl[ LJG &ASS®CdATES, Inc.
4 '
Bruce W. Hull, MAI
SCOPE OF SERVICES
Item No. I - Included in the addendum
Item No. 2 - The RFP and the Appraiser Proposal will jointly become part of the "Agreement
for'"Professional Consultant Services" for this CFD when Agreement is fully
executed by the Consultant and the City of Moreno Valley.
Item No. 3 - The appraisal services to be provided, and the fees, will be in accordance with
the Districts' RFP, except as otherwise noted in the section `Exceptions to the
City's Request for Proposal".
Item No. 4 - Exceptions to the City's Request for Proposal - none noted.
Item No. 5 - A Statement of Qualifications for Bruce Hull and Kitty Siino is included in the
addendum of this report.
Item No. 6 - I have prepared several large industrial/commercial developments for land
secured financings. These include Redlands Business Park, a 200+ acre
development, and Dos Lagos, a mixed -use development located in Corona. In
both cases a land developmental discounted cash flow analysis was considered in
the valuation due to the single ownership. I have also appraised Agua Mans
Industrial Park, a large, mixed -use project that is located in San Bernardino
County. This appraisal also considered a land developmental discounted cash
flow analysis for the undeveloped lands of 150+ acres due to a single owner.
The parcels that were improved: with buildings were valued using both the Cost
and Sales Comparison Approaches. In addition, I have appraised two large land
secured financings which were completed for the City of Carlsbad. Bressi Ranch,
a 133-acre mixed -use business park was completed as well as a 135-acre
business park (CFD 3) known as Palomar Airport Road. Both of these
financings, along with the public financing on Dos Lagos, have occurred within
the past two years. I have completed numerous additional large industrial
developments for the City of Oxnard.
Four references from public agencies in which I have completed work are:
® Judy Perry, Assistant Finance Director, City of Corona, (951) 736-2324
o David Cain, Finance Director, City of Chino, (909) 464-8340
® Dan Wood, Assistant Superintendent, Menifee Union School District,
(951)672-1851
Mike More, Finance Department, City of Oxnard, (805) 385-7480
Item No. 7 - Statement of Charges - A fee not to exceed $60,000.00.
Item No. 8 - The hourly rate is as follows:
Bruce Hull: $225A0 per hour
Kitty Siino: $200.00 per hour
Associate Appraiser: : $150.00 per hour
Office Staff.' $30.00 per hour
An hourly rate schedule is used for invoicing progress payments and for extra
work incurred that is not part of the RFP.
Item No. 9 - All data, documents and other products used during the life of the project shall
remain in the public domain upon project completion.
Item No. 10 - Bruce W. Hull and Associates, Inc. will not discriminate against any employee
or applicant because of race, religion, sexual orientation or national origin.
Item No. I 1 - Neither the District nor the City is obligated in any way to pay any costs incurred
by Appraiser for the preparation and submittal of the Appraiser Consultant.
Overview of Approach
The following format is considered appropriate for the subject CFD that are being considered for
land secured financing purposes.
This CFD would appear to be a complex appraisal assignment since the project is
anticipated to be different stages of development as of the date of value. I would be
requesting a number of items from the owners. These would include Preliminary Title
Reports, site developments costs, amount spent to date, remaining costs to complete the
lots to a finished lot condition, an EIR and environmental documents. A complete list
would be circulated if selected as the appraiser. The appraisal would be presented in the
following format:
o A Regional and Community. Description followed
o An Immediate Area Description of the surrounding area
o A description of the subject property per ownership. Within this site description the
status of the lands and the site development costs to compete these lands to a
developable status (finished lot) would discussed and detailed.
o An Inland Empire industrial market analysis with emphasis on Western Riverside
o A description of the Community Facilities District
o A Highest and Best Use Analysis
o An Analysis and Valuation Section including a discussion of the market data
o An Appraisal Report Summary
R.r= ei;r §r�u N
QUALIFICATIONS OF BRUCE W. BULL, MAI
Business Locations: 1056 E. Meta Street, Suite 202
Ventura, California 93001
(805) 641-3275 * Facsimile (805) 641-3278
E-Mail Address - Bhu1186686@aol.com
Direct Correspondence to Ventura Location
115 E. Second Street, Suite 100
Tustin, California 92780
(949) 581-2194 * Facsimile (949) 581-2198
Bruce W. Hull & Associates, Inc. is an appraisal firm that provides a wide variety of appraisal
assignments for public agencies, developers and financial institutions.
The principal, Bruce W. Hull, MAI, has been in the appraisal field since graduation in 1969 from
Westmont College, Santa Barbara. After being employed by the Ventura County Assessor's
Office for five years, he established an appraisal company in Orange County in 1974. In August
of 1995 he established an office in Ventura while maintaining an Orange County location. While
most of the appraisal assignments are in Southern California, assignments have been completed
in areas from San Francisco/Bay Area and Lake Tahoe to San Diego.
The appraisal assignments completed have been diverse in nature, including such property types
as large master planned developments, shopping centers, large retail uses and mitigation land. A
brief summary of the more challenging assignments is given on the following pages.
MASTERPLANNED DEVELOPMENT
These are typically more than 1,000 acres in size and have a wide variety of residential product,
often ranging from condominiums to large estate type of properties. In addition, there is often a
commercial use within the development. I have been involved in the following projects:
Lake Sherwood, Hidden Valley
Wood Ranch, Simi Valley
Rancho San Clemente, San Clemente
Towne Center, Rancho Santa Margarita
Rancho Trabuco North and South, Rancho Santa Margarita
Hunters Ridge, Fontana
The Corona Ranch, Corona
Mountain Cove, Temescal
Mountain Gate, South Corona
The Foothill Ranch, Corona
Orangecrest, City of Riverside
Aliso Viejo, County of Orange
Talega Valley, City of San Clemente/County of Orange
Otay Ranch, City of Chula Vista
RETAIL USE
Consultant to City of Long Beach regarding a 30 acre site (Long Beach Naval Hospital) which
the City was acquiring from the US Navy for inclusion in a 100 acre shopping center site.
Towne Center, Rancho Santa Margarita, is a master planned project, which contains two
shopping centers (Towne Center, 160,000 SF plus a Target Store, 122,000 SF; Plaza Antonio,
165,000 SF).
Mission Grove, City of Riverside, is a 395,362 SF center, which included a K-Mart Department
Store among the major tenants.
Victoria Gardens master plan was a proposed mixed use project consisting of 3,065 acres of
land, which included a mixture of residential (2,150 acres); commercial (335 acres of which 91.9
acres was a regional center site); schools; parks; and open space for the remainder of the lands.
Menifee Village, Riverside County, is a 1,977-acre master planned development, which had
approvals for 5,256 units. The assignment included the valuation of Planning Area 2-7, which
was a commercial site that had been developed with a Target Store, Ralph's Market and in -line
stores (190,000 SF which eventually became a 257,000 SF center).
MITIGATION LANDS
These assignments" involved valuing lands that are considered mitigation lands, which are often
acquired by public agencies or nonprofit organizations.
Bolsa Chica, Huntington Beach, a 42-acre site that was part of a larger wetlands conservation
program. This particular acreage was unique since it was subject to "tidal flushing" and had both
fresh and saltwater impacting the lands. This assignment was completed for Metropolitan Water
District.
San Joaquin Marsh, City of Irvine, consisted of approximately 289 acres of wetlands which were
acquired for use as a "buffer" zone by the Irvine Ranch Water District. Eagle Valley, a
1,072-acre parcel near Lake Matthews in Riverside County, was acquired by Metropolitan Water
District for use as a water treatment plant and buffer zone.
Poormans Reservoir, Moreno Valley, a 38-acre site acquired by the City of Moreno Valley for
preservation/open space use.
ASSESSMENT DISTRICTS/BOND ISSUES
Has been involved in the appraisals of the following Bond Issues regarding Community
Facilities Districts and/or Assessment Districts. (This represents a partial list of assignments
completed from 1990 thru present.)
CFD No. 9 (Orangecrest - Impr. Areas 1, 3 & 5); City of Riverside
CFD No. 2000-1 (Crosby Estate @ Rancho Santa Fe); Solana Beach
CFD No. 2001-01 (Murrieta Valley U.S.D.);Murrieta
CFD No. 90-1 (Lusk -Highlander); City of Riverside
Otay Ranch SPA I - CFD No. 99-2; City of Chula Vista
CFD No. 7 (Victoria Grove); County of Riverside
j CFD No. 10 (Fairfield Ranch); City of Chino Hills
CFD No. 2000-1; Tejon Industrial Complex; Lebec .
CFD No. 99-1; Santa Margarita Water District
CFD No. 97-3; City of Chula Vista
CFD No. 2 (Riverside Unified School District); City of Riverside
CFD No. 89-1; City of Corona
Lake Sherwood A.D. Refunding; County of Ventura
j CFD No. 9; City of Chino -Hills
CFD NO. 88-12; City of Temecula
CFD No. 90-1 (Refunding); City of Corona
A.D. No. 97-1-R; City of Oxnard
A.D. No. 96-1; Valley Center Municipal WaterDistrict; San Diego County
A.D. No. 96-1; City of Oxnard
CFD No. 88-1 (Saddleback Valley Unified School Dist.); Rancho Santa Margarita
CFD No. 89-2 (Saddleback Valley Unified School Dist.); Rancho Santa Margarita
CFD No. 89-3 (Saddleback Valley Unified School Dist); Rancho Santa Margarita
Centex A.D. No. 95-1; City of Corona
Coyote Hills A.D. No. 95-1; City of Fullerton
Sycamore Creek A.D. No. 95-1; City of Orange
Prop. CFD No. 2 (Riverside Unified School District); City of Riverside
CFD No. 91-1; City of Rancho Cucamonga
Prop. CFD No. 2; City of Chino
CFD No. 9; County of San Bernardino
A.D. No. 89-1; City of Corona
CFD No. 87-1 (Series B); City of Moreno Valley
CFD No. 90-1; City of Corona
CFD No. 89-1; (Saddleback Valley Unified School District); Orange County
A.D. No. 96-1; City of Oxnard
A.D. Nos. 86-3, 87-1 and 89-1 (Refunding); City of Oxnard
CFD No. 90-1; City of Corona
CFD No. 1 (Refunding); City of Juirupa
CFD No. 88-12; City of Temecula
PARTIAL LIST OF CLIENT'S
Have completed appraisal assignments for a wide variety of clients. A partial list of these
includes the following:
Anaheim City Unified School District
Bank of America NT & SA
Bank of Montreal
Bear, Stearns & Co., Inc.
Best Best & Krieger LLP (Law Firm)
Carpinteria Valley Unified School District
Chino Unified School District
Citicorp, N.A.
City of Brea
City of Chino
City of Chino Hills
City of Chula Vista
City of Colton
City of Corona
City of Fullerton
City of Huntington Beach
City of Jurupa
City of Mission Viejo.
City of Moreno Valley
City of Orange
City of Oxnard
City of Rancho Cucamonga
City of Riverside
City of San Bernardino
City of San Marcos
City of Temecula
Coast Federal Bank
Colton Joint Unified School District
County of Los Angeles
County of Orange
County of Riverside
County of San Bernardino
County of Ventura
Downey Savings and Loan
Federal National Mortgage Association (FNMA)
Federal Deposit Insurance Corporation (FDIC)
Fieldman, Rolapp & Associates (Financial Consultants)
Irvine Ranch Water District
Irvine Unified School District
Jurupa Community Services District
Metrobank
Metropolitan'Water District
Meserve, Mumper & Hughes (Law Firm)
Munger, Tolles & Olson LLP (Law Firm)
Murrieta Valley Unified School District
Rialto Unified School District
Riverside Unified School District
Saddleback Valley Unified School District
Santa Margarita Water District
Sidley & Austin (Law Firm)
Solana Beach Unified School District
Southern California Edison Company
Stone & Youngberg LLC (Bond Underwriters)
Talmantz Aviation
The Irvine Company . _
Wells Fargo Bank
Wells Fargo Mortgage Company
Weyerhaeuser Mortgage Company
COURT EXPERIENCE
Qualified Expert Witness in the following courts:
United States District Court/Central District of California, Los Angeles
Los Angeles County Superior Court
Orange County Superior Court
Riverside County Superior Court
Ventura County Superior Court
ORGANIZATIONS
Member - Appraisal Institute (No. 6894)
LICENSES
Real Estate Broker - State of California
Certified General Real Estate Appraiser - State of California
(Certificate: AG004964)
GUEST SPEAKER (for)
UCLA Symposium -on Mello Roos Districts —1988, 2001, and 2005
"Exploring the Rumors & Realities of Land Secured Debt in California" - Conference sponsored
by Stone & Youngberg, LLC, bond underwriters, held in Los Angeles on January 15, 1992
"Appraisals for Land Secured Financing" presentation for Stone & Youngberg, LLC, bond
underwriters, held at San Francisco Headquarters on March 5, 1998
MISCELLANEOUS
Member Advisory Panel to California Debt Advisory Commission regarding Appraisal
Standards for Land Secured Financing (May 1994). I was also involved in an advisory capacity
in the Update of the Appraisal Standards for the California Debt Advisory Commission in 2004.
UALIFICATIONS OF DITTY S. STILT®, MAI
Education
Bachelor of Arts in Business Administration, Financial Investments, California State University,
Long Beach, California (1980)
Post -Graduate Study, Real Estate Development, University of California, Irvine, California
Appraisal Institute -Classes: Uniform Standards of Professional Appraisal Practice, A & B;
Appraisal Principles; Appraisal Procedures; Basic Income Capitalization; Advanced Income
Capitalization; Narrative Report Writing; Advanced Applications, Case Studies. Successfully
completed all classes in addition to successfully completing the writing of, a Demonstration
Report and taking the Comprehensive Exam. Became a Member of the Appraisal Institute in
December 1996.
Employment
1988 - Present:
Self -Employed Real Estate Appraiser. Duties include the appraisal of various types of
properties such as commercial, retail, industrial and vacant land. More complex assignments
include easements, right of ways and special assessment districts. From 1996 to present
specialized in special assessment districts and community facilities districts appraisals for public
entities.
1986-1988:
Project Manager of Development for Ferguson Partners, Irvine, California. Duties included
land acquisitions, review of fee appraisals and valuations, analysis of proposed development,
planning and design, management of development, construction and lease -up. The types of
properties developed were commercial and industrial. Duties ranged from raw, vacant site
development through property management of recently developed projects.
1981 - 1986
Manager of Finance, Construction for Community Development Division, The Irvine
Company, Irvine, California. Duties included originating and managing a newly formed
division of finance to bridge between the accounting functions and project management
functions. Worked with analysis and budgets for Community Development Division.
Coordinated with cities in forming new Assessment Districts and Community Facilities Districts
to finance major infrastructure improvements. Types of properties were apartments and single-
family residential lots on a for sale basis to apartment and homebuilders.
Employment (continued)
1980 - 1981
Investment Counselor, Newport Equity Funds, Newport Beach, California. Duties included
obtaining private financing for residential properties and working with appraisals of properties
and analyzing the investments.
Licenses
Real Estate Sales Person, State of California, 1980
Certified General Appraiser, State of California (#AG004793)
organizations
MAI 411145 - The Appraisal Institute
IR19
RFP for Appraisal Services
IV.
V.
PROJECT DESCRIPTION
At the direction of the City of Moreno Valley (the "City") Enterprise Services
Administration (ESA), staff shall select for recommendation to the City Manager an
Appraisal firm (Consultant) to perform appraisal services on approximately 582 acres of
commercial/industrial zoned property located within the City of Moreno Valley known as
CFD No. 7 - Indian Street Project as depicted on the enclosed map. The purpose of the
appraisal is to provide written determination, through the preparation of an appraisal
report, to estimate the fair market value for each parcel of property. This appraisal
report shall be used in calculating the bond issuance in connection with the formation of
a new CFD for the Indian Street Project. The Developer's estimated schedule for
completion of District formation is September 2007; therefore, the completion of the
appraisal shall occur on or before August-2007.
APPRAISAL SERVICES SCHEDULE
The proposed schedule is as follows:
RFP Submission Deadline .............................
Selection Interviews ............. I ........ I ...... ...1.....
Consultant Selection (Award of Contract)......
Notice to Proceed ..........................................
PROJECT BUDGET
................................. November 8, 2006
............................... November 22, 2006
................................. December 6, 2006
............................... December 13, 2006
The City of Moreno Valley will pay from an invoice submitted with (3) three copies of
the completed appraisal report:
SCOPE OF WORK
A. Services to be Furnished by the Consultant shall include, but not be limited to:
1. Inspect the subject properties.
2. Gather and analyze information on the subject properties valuation.
3. Review title reports.
4. Prepare the Appraisal Report(s), which shall include all maps, charts, data
descriptions, tables and photos, and provide 3 bound copies of such report(s).
5. Prepare and submit certification of the appraisal.
6. List and identify each work item as a task, either a "one-time" task, i.e, final
report, or an "ongoing" task, i.e, draft in Consultant Proposal.
7. Consultant .shall identify the, process by task for performing each job (i.e.
inspection of subject property, etc.) and prepare a time line to show duration
for each identified task, including deadlines dates for each task in Consultant
Proposal.
Page 2
RFP for Appraisal Services
8. Identify and assign a resource to each task, i.e. a job description and
identification of costs associated with the task (either a one-time cost or
ongoing cost) in Consultant Proposal.
B. Consultant's Procedural Standards shall include, but not necessarily be limited to:
1. Consultant shall designate a senior staff member as Project Manager for all
work performed by Consultant on behalf of the City. Said designee shall be
Consultant's primary liaison with ESA staff in all matters relating to work
described herein for the term of the Contract.
2. Consultant shall` allow for attendance of pertinent staff at up to four (4)
meetings as deemed necessary by the ESA Manager.
C. Consultant's Responsibilities shall include, but are not necessarily limited to:
1. Retaining any necessary subconsultants. All subconsultants shall answer
directly to the Consultant. City approval of any proposed subconsultants will
be required prior to execution of the Agreement.
2. Expending due diligence to ensure accuracy in the process and provide
clear written documentation. concerning the approach taken to derive at the
appraisal.
3. Employing strict confidentiality of all documents made available by ESA to
the Consultant, subconsultant or any other appointed entity, in the course of
completing the project, which contains private and/or confidential
information, which includes but is not limited to property owner's names
and/or addresses.
4. Delivering and picking up documents to and from any agency, District or
Departments of the City.
D. Research of Information
The City shall make available all available records on. regularly scheduled
workdays. City copy machines will be made available to the Consultant to
reproduce any documents or other records ESA has in its possession as necessary
for the Consultant's use in performing the required services. Additional
information, not available from the City, is the responsibility of the Consultant to
obtain.
E. Submittals to City & Project Reporting
1. The Consultant shall meet with ESA staff to discuss task list and associated
jobs for further input and approval prior to commencing initial review.
Page 3
RFP for Appraisal Services
2, The Consultant shall provide project progress reports on a weekly basis,
including percent of completion. Consultant's work products shall be
reviewed by ESA staff, who shall either approve or make recommendations
for modifications/corrections.
Vl. CONSULTANT'S PROPOSAL AND COMPENSATION
Consultant's Proposal shall include the following:
A. A statement that this RFP shall be incorporated in its entirety as a part of the
Consultant's Proposal.
B. A statement that this RFP and the Consultant's Proposal will jointly become part of
the "Agreement for Professional Consultant Services" for this project when said
Agreement is fully executed by the Consultant and the City Manager of the City of
Moreno Valley.
C. A statement that Appraisal services to be provided and the fees therefore, will be in
accordance with the District's RFP, except as otherwise specified in Consultant's
Proposal under the heading "EXCEPTIONS TO THE CITY'S REQUEST FOR
PROPOSAL."
D. A single and separate section with the heading "EXCEPTIONS TO THE CITY'S
REQUEST FOR PROPOSAL" containing a complete and detailed description of all
of the exceptions to the provisions and conditions of this RFP upon which
Consultant's Proposal is contingent and which may take precedence over this RFP.
If Consultant's Proposal contains no exceptions to this RFP, Consultant shall
include this section and indicate "No Exceptions".
E. A statement of qualifications applicable to this project including the names,
qualifications and proposed duties of the Consultant's staff and any subconsultants
to be assigned to this project.
F. A list of recent similar projects completed that includes the names, titles, addresses
and telephone numbers of the appropriate persons who ESA could contact.
G. A statement that all charges for Appraisal services is based upon a "Not to Exceed
Fee" as submitted with and made a part of said Consultant's Proposal.
H. A copy of the Consultant's hourly, rate schedule and a statement that said hourly
rate schedule is part of the Consultant's Proposal for use in invoicing for progress
payments and for extra work incurred that is not part of this RFP.
I. A statement that all data, documents, and other products used during the life of the
project shall remain in the public domain upon project completion.
J. A statement that the Consultant will not discriminate against any employee or
applicant for employment because of race, color, religion, sexual orientation or
national origin.
Page 4
RFP for Appraisal Services
Vll.
Vlll.
K. Responses to this RFP shall become the property of the City and will be retained or
disposed of accordingly.
L. A statement that neither the District or the City are obligated in any way to pay any
costs incurred by Consultant in the preparation and submittal of Consultant's
response to this RFP.
PAYMENT(S) TO CONSULTANT
ESA will pay the Consultant for all acceptable services rendered in accordance with
the "Agreement for Professional Consultant Services."
INSURANCE
A. The successful Consultant shall file with the City Clerk certificates indicating proof
that insurance policies, as required in the Agreement, have been obtained. In the
event that such policies should become inoperative at any time before the
completion of the work, all work shall cease immediately until new policies are
obtained, and time so loss as a result of inoperative policies shall not entitle
Consultant to any extension of additional time.
B. Insurance Requirements:
1. Errors and omissions professional insurance in the amount of $1,000,000
per occurrence.
2. General Liability (public liability/bodily injury and property damage) in
amounts as follows:
a. Bodily Injury $1,000,000 per occurrence
b. Property Damage $500,000 per occurrence
A combined single limit policy with aggregate limits in the amount of $2,000,000
will be considered equivalent to the above minimum limits.
3. The Consultant shall have public Inability and property damage insurance
coverage for owned and non -owned automotive equipment in the amount
of not less than $500,000 combined single limit.
4. The Consultant shall have Worker's Compensation Insurance in the
amounts as will fully comply with the laws of the State of California plus
$1,000,000 for Employer Liability.
5. The Certificate of Insurance or an appropriate binder shall bear an
endorsement containing the following provisions:
"Solely as respect to services done by or on behalf of the named insured
for the City of Moreno Valley, it is agreed that the City of Moreno Valley,
Page 5
RFP for Appraisal Services
the Community Redevelopment Agency of the City of Moreno Valley and
the Moreno Valley Community Services District, its officers, employees
and agents are included as additional insured under this general liability
policy and the coverage(s) provided shall be primary insurance and not
contributing with any other insurance available to the City of Moreno
Valley, the Redevelopment Agency of the City of Moreno Valley and the
Moreno Valley Community Services District, its officers and employees
and agents, under any third party liability policy."
6. Insurance companies providing insurance hereunder shall be rated (A -
minus: VII — Admitted'or better) in Best's Insurance Rating Guide and shall
be legally licensed and qualified to conduct insurance business in the
State of California.
7. The terms of the insurance policy or polices issued to provide the above
insurance coverages shall. not be amended to reduce the above required
insurance limits and coverages or shall such policies be canceled by the
carrier without thirty (30) days prior written notice by certified or registered
mail of amendment or cancellation to the Agency, except that cancellation
for non-payment of premium shall require ten (10) days prior written notice
by certified or registered mail. In the event the said insurance is canceled,
the Consultant shall, prior to the cancellation date, submit to the City Clerk
new evidence of insurance in the amount established.
Ix. TERMINATION FOR CONVENIENCE OF THE CITY
The City reserves the right to terminate the "Agreement for Professional Consultant
Services" for the "convenience of the City" at any time by giving ten (10) days written
notice to the Consultant of such termination and specifying the effective date thereof.
All finished or unfinished documents, including but not necessarily limited to, drawings,
maps, documents, field notes, reports, logs and other materials produced and
procured by Consultant under the said aforementioned Agreement are, at the option of
the City, City property and shall be delivered to the City by the Consultant within ten
(10) working days from the date of such termination. The City will reimburse the
Consultant for all acceptable work performed as set forth in the executed Agreement.
X. INDEPENDENT CONTRACTOR
Consultant's relationship to the City in the performance of the Consultant's services for
this project is that of an independent contractor. The personnel performing said
services for this project shall at all times be under the Consultant's exclusive direction
and control and shall be employees of Consultant and not employees of the City, CSD
or Community Redevelopment Agency. Consultant shall pay all wages, salaries, and
other amounts due his employees in connection with the perfortance of said services
and shall be responsible for all employee reports and obligations, including but not
necessarily restricted to, social security, income tax withholding, unemployment
compensation, and worker's compensation.
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RFP for Appraisal Services
XI. CONTRACT
The contract includes the Agreement for Professional Consultant Services, City's
Request for Proposal (Exhibit A) Consultant's Proposal (Exhibit B), Services to be
Provided by the City (Exhibit C) and Terms of Payment (Exhibit D).
xll. SELECTION CRITERIA
A. Consultant may be invited to a selection interview. The Selection Panel will consist
of staff members or representatives appointed by the City. The proposals will be
rated according to the following criteria:
1. Demonstrated understanding- and ability to efficiently perform the project
requirements.
2. Adequate professional staff, with verifiable appropriate ability and
experience on like projects to be assigned full term to this project.
3. Proven recent experience on a project of like nature.
4. Completeness, originality, conciseness, and clarity of the response to this
RFP.
B. Proposals failing to provide sufficient information and assurances of performance
to accurately assess each category of the required services and failing to comply
with requirements and conditions of the RFP will not be given further consideration.
If you have any questions, please contact Sue Maxinoski, Special Districts Coordinator, at
(951) 413-3480.
Sincerely,
Chris A. Vogt, P.E.
Director of ublic Works/City Engineer
F. BREITKREUZ
6�HOS
nterprise Services Manager
Attachment A — Site Map
Attachment B — Copy of Agreement — not executed
C: Project file
W :tS pe cDi st1Sh arong\Appralsa\Con sullant.doc
Page 7
CITY - SERVICES TO BE PROVIDED
TO CONSULTANT
1. Furnish the Consultant all in-house data which is pertinent to services to be
performed by the Consultant and which is within the custody or control of the City,
including, but not limited to, copies of record and off -record maps and other record
and off -record property data, right-of-way maps and other right-of-way data, pending
or proposed subject property land division and development application data, all
newly developed and pertinent design and project specification data, and such other
pertinent data which may become available to the City.
2. Provide timely review, processing, and reasonably expeditious approval of all
submittals by the Consultant.
3. Provide timely City staff liaison with the Consultant when requested and when
reasonably needed.
EXHIBIT C
JUN-02-200B 11:11 99% P.14
EXHIBIT
TERMS OF PAYMENT
1. The Consultant's compensation shall not exceed $50,000.
2. The Consultant will submit an invoice to the City once a month for progress
payments along with documentation evidencing services completed to date. The
progress payment is based on actual time and materials expended in furnishing
authorized professional services during the preceding calendar month. At no time
will the City pay for more services than have been satisfactorily completed and the
City Engineer's determination of the amount due for any progress payment shall be
final.
3. The City shall pay the Consultant for all invoiced, authorized professional services
within thirty (30) days of receipt of the invoice for same.
4. Any fees for authorized professional services furnished by the Consultant which
have not been paid or contested by the City within thirty (30) days of the City's
receipt of the invoice for such services will be subject to a late charge of one percent
(1 %) of the unpaid amount for each month for which payment has not been received
by the Consultant.
EXHIBIT
JUN-02-2008 11:11 9e% P.15
EXHIBIT E
APPRAISAL SCHEDULE
Proposed Schedule
Description of Service
July 2007 - August 2007
Appraisal Process Commences
August 2007 - September 2007
Appraisal Date of Value provided
September 2007 — November 2007
Draft Appraisal Distributed
October 2007- December 2007
Final Apgraisal Report Distributed
EXHIBIT E
.TUN-02-2009 11:12 96i P.16