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HomeMy WebLinkAboutDONAHUE & COMPANY - 2005-12-23su ity Contracts Submittal to City Clerk's office }IuHeach• 2005 BBC 27 U110: 38 To: City Clerk ' ; i Y O i U,4 71N GTyr 1. Name of Contractor: Donahue & Company 2. Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park Real Estate Appraisal Services 3. Amount of Contract: $10,000 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept_ City Treasurer _ ORIGINAL bonds sent to Treasurer City Attomey's Office Date: 12/23/05 gJAttymisc/forms/city clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE j=INGjqN BEACH ANNgit-C- . A FAR THIS AGREEMENT ("Agreement") is made and entered into this day of 20r7 by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and hereinafter referred to as "CONSULTANT." WHEREAS, CITY desires to engage the services of a consultant to 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 C ho shall represent it and be its sole contact and agent in all consultations with CITY during the performance of this Agreement. agree/forms/profsery 10/15/01-A I • • Is 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 as soon as practicable after the execution of this Agreement by CITY (the "Commencement Date"). This Agreement shall expire on / / / 0 unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than l from the Commencement Date of this df Agreement. These times may be extended with the written permission of CITY. 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. 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 t1 ` � Dollars ($ /0 , 0 0 0 .°�/ 5. EXTRA WORK In the event CITY requires additional services not included in Exhibit "A" or changes in the scope of services described in Exhibit "A," CONSULTANT will undertake such work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/ 1510 1 -A 2 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 � 40 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 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 agree/forma/profsery 10/15/01-A 3 • • is approve selection of CONSULTANT's counsel. This indemnity shall apply to all claims and liability regardless of whether any insurance policies are 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. agree/forms/profsery 10/ 15/01-A 0 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. shall state that the policy is currently in force; and C. shall promise that such policy shall not be suspended, voided or canceled by either parry, 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 10 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. 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 agree/forms/profsery 10/ 15/01-A 5 Mall payment of all taxes, social security, state disability insurance compensation, 10 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. 14. COPYRIGHTSMATENTS CITY shall own all rights to any patent or copyright on any work, item or material produced as a result of this Agreement. agree/forms/profservl0/15/01-A 6 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 personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntjngton Beach ATTN: 2000 Main Street — Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: low 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. agree/forms/profsery 10/15/01-A 7 • 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. 140 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 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 agree/forms/profsery 10/15/01-A 8 0 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 parry 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. I 23. LEGAL SERVICES SUBCONTRACTING PROHIBITED 10 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. 24. ATTORNEY'S FEES In the event suit is brought by either party to construe, interpret and/or enforce the terms and/or provisions of this Agreement or to secure the performance hereof, agree/forms/profservl0/15/01-A 9 0 each party shall bear its own attorney's fees, such that the prevailing parry shall not be entitled to recover its attorney's fees from the non -prevailing party. 25. SURVIVAL Terms and conditions of this Agreement, which by their sense and context survive the expiration or termination of this Agreement, shall so survive. 26. GOVERNING LAW This Agreement shall be governed and construed in accordance with the laws of the State of California. 27. ENTIRETY The parties acknowledge and agree that they are entering into this Agreement freely and voluntarily following extensive arm's length negotiation, and that • each has had the opportunity to consult with legal counsel prior to executing this Agreement. The parties also acknowledge and agree that no representations, inducements, promises, agreements or warranties, oral or otherwise, have been made by that party or anyone acting on that party's behalf, which are not embodied in this Agreement, and that that party has not executed this Agreement in reliance on any representation, inducement, promise, agreement, warranty, fact or circumstance not expressly set forth in this Agreement. This Agreement, and the attached exhibits, contain the entire agreement between the parties respecting the subject matter of this Agreement, and supercede all prior understandings and agreements whether oral or in writing between the parties respecting the subject matter hereof. agree/foms/profserv10/15/01-A 10 • r-I L IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their authorized offices the day, month and year first above written. CONSULTANT, - By: Tint name ITS: (circle one ChairmanlPresiden Vice President a-'2M-1.22=. print name ITS: (circle one Secretary/Chief Financial Officer Asst. Secretary — Treasurer agree/fortis/profserv10/15/01-A II CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California Director of (Pursuant To HBMC §3.03.100) APPROVED AS TO FORM: o� Zg �pS City Attorn l2 ` REVIEWED AND AP (only for co*acts\$50, 000. 00 and over) EXHIBIT "A"" SCOPE OF SERVICES Donahue & Company's SCOPE OF SERVICES to include ... 4 Alternative project acquisition or disposition budget estimate consulting, all real property types 4 Self-contained, summary or restricted use appraisal reports, all real property types 4 Property valuation consultant services on client's behalf q Complex property litigation support appraisal services including trial notebook/complete file memorandum in lieu of a formal report, trial preparation with Counsel, exhibit preparation and expert testimony at point of deposition and/or trial EXHIBIT "B" • METHOD OF PAYMENT RATESCHEDULE Effective June 1, 2003 Due to the diversity of assignments undertaken by our firm, all bids are project -specific. Large projects or those of extended duration may benefit from economies of scale. Where required, appraisal assignments are proposed as Jump sum rather than at hourly rates. In complex matters, or when litigation support is necessary, Donahue & Company utilizes a Two -Tier hourly rate schedule, with each tier defined as follows: Tier A Hours: This category applies to time spent in a) initial appraisal investigation and subsequent report preparation, b) attorney/client conferences, and c) pretrial preparation including trial notebook, statements of valuation and court exhibit preparation. Tier B Hours: Hours spent in either a) deposition, b) arbitration and/or c) actual • trial testimony, including standby, are billable under Tier B rates. Tier A Tier B John C. Donahue, MAI $300 $400 Barbary Zachry, MAI $250 $300 Sydney H. Hawran, MAI $250 $300 Kevin J. Donahue, MAI $250 $300 James C. Malm $175 Carl E. Nelson $125 Research Personnel $100 Administrative Assistance $50 In addition to hourly billings, expenditures incurred for sub -consultants, trial exhibits, messenger services, aerial photographs, etc. will be passed through to the client, with invoice copies attached to the monthly statements. A 10 percent administrative fee will be added to all pass -through expenses. Unless otherwise stated, payment terms are net thirty (30) days. Any past due balance is subject to a finance charge, computed at the periodic rate of 1.25 percent per month, equal to an annual percentage rate of 15 percent per annum. In addition to invoices • rendered and interest thereon, the client agrees to pay all legal expenses and costs incurred by Donahue & Company, Inc. in the collection of any delinquent accounts. INSURANCE AND INDEMNIFICATION WAIVER Hu. $ MODIFICATION REQUEST RECEIVED 1. Requested by: Steve Holtz, Real Estate Services Manager 2. Date: November 8, 2005 NOV 0 �n�5 3. Name of contractor/permittee: Donahue & Company City urnuuullp"Deac 4. Description of work to be performed: Real Estate Appraisal Services ritliAttomev'enfo,,- 5. Value and length of contract: $10,000.00, 3 years 6. Waiver/modification request: Professional Liability Insurance 7. Reason for request and why it should be granted: Letter attached 8. Identify the risks to the City in approving this waiver/modification: None 11 /8/05 Department ad Signature Date: 1'1..... ........ �.��J 4 4 10 fnn^C 4 .7O Plh R DONAHUE F3 COMPANY, INC. PROPERTY AND URBAN ECONOMICS NEWPORT PLAZA JOHN C. DONAHUE, MAI 1601 DOVE STREET, SUITE 170 BARBARA L. ZACHRY, MAI NEWPORT BEACH, CALIFORNIA 92660 SYDNEY H. HAWRAN, MAI JAMES C. MALM JANYCE F. WACKER TINA M. ELMORE LESLEY ELLIOTT October 21, 2005 Mr. Steve Holtz Real Estate Services Manager City of Huntington Beach Economic Development Department 2000 Main Street Huntington Beach, CA 92648 Dear Mr. Holtz: This letter transmits the executed Professional Services Contract back to the City. TELEPHONES: (949) 760-3166 (800) 734-0074 FACSIMILE: (949) 760-5496 OCT 2 4 2005 We have sent requests for Certificates of Insurance which will be directed to your office, with the exception of Professional Liability Insurance. We do not carry "B&O" Insurance, have not for forty-one (41) years, and request that you waive this requirement. Such a waiver has been granted by other agencies with which we are under contract. Thank you for your consideration. JCD:tme Sincerely, FDON& C PAN INCahue, MAI President r] � • 14D Sul PROFESSIONAL SERVICE CONTRACTS Hundin h. PURCHASING CERTIFICATION 1. Requested by: Steve Holtz, Real Estate Services Manager 2. Date: October 19, 2005 3. Name of consultant: .4 4. Description of work to be performed: Real Estate Appraisal Services 5. Amount of the contract: $10,000.00 6. Are sufficient funds available to fund this contract?' ® Yes, 7. Company number and object code where funds are budgeted ❑ No 5-0 7/0 ©d j C11009'0Ja j B. Is this contract generally described on the list of professional service contracts approved by the City Council'? ® Yes, ❑ No 9. Is this contract within $25,000 or 25% (whichever is less) of the amount stated on the list of professional service contracts approved by the City Council?' ® Yes, ❑ No 10. Were (at least) informal written proposals requested of three consultants? ® Yes, ❑ No Explanation: 11. Attach list of consultants from whom proposals were requested (including a contact telephone number). 12. Attach proposed scope of work. 13. Attach proposed payment schedule. 110 WRIHA-RDAMADRIL, Manag r Purchasing/Central Services If the answer to any these questions is "No," the contract will require approval from the City Council. Document2 10/19/2005 8:44 AM I • 0 Proposals Received for 11/8/2005 Real Estate Appraiser Services Contact Address Telephone Email 350 South Grand Avenue, 30th Floor Michael Sherrill Los Angeles, CA 90071 213-687-1401 msherrill(&american-apraisal.com PO Box 261688 Tim Cullen San Diego, CA 92196 858-586-1191 timcullen@_naifa.com SS signed; to CC for final approvals 1601 Dove Street, #170 John Donahue Newport Beach, CA 92660 949-760-3166 iohn(a)-donahueco.com 20720 Ventura Blvd., #240 John Ellis Woodland Hills, CA 91364-6264 818-593-7200 lellispirr.com 355 So Grand Avenue, #1750 Donald McDougall Los Angeles, CA 90071-1568 213-612-8000 dmcdougall@marshall-stevens.com 234 E. 17th Street, #209 James Netzer Costa Mesa, CA 92627 949-574-0261 jamesbnetzer(aa)aol.com 3353 Linden Ave., #200 Ronald Laurain Long Beach, CA 90807-4503 562-426-0477 rpla.inc a()verizon.net