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HomeMy WebLinkAboutFAIRCHILD, MIKE - 2005-03-10 (4)Su ity Contracts Submittal to City Clerk's Office i.. �Huns a tl Beach• I ' 'r i ^ fV = � 1 V U L' I i s �I }"'� To: City Clerk 2.G63 FAIR I 1 P 32 L Name of Contractor: Michael W. Fairchild 2. Puruose_of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake — Huntington Central Park Appraisal of Tract 16573 3. Amount of Contract: $1,500.00 Copy of contract distributed to: The ORIGINAL insurance certificate/waiver sent to Risk Management Initiating Dept._ City Treasurer_ ORIGINAL bonds sent to Treasurer CITY CLERK'S OFFICE USE ONLY: City Attomey's Office Date: 31 t 0/05 g:lAttymisclformslcity clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF HUNTINGTON BEACH AND / FOR - THIS AGREEMENT ("Agreement") is made and entered into this I 41L Y da of 20�5 , 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 u.1( ;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: I. 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 y)• Q.r(,.,k &who 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 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 �Gh "Commencement Date"). This Agreement shall expire on S , unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ��049 from the Commencement Date of this 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 Dog _Dollars ($ 1,D® ) 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 agree1forms1pmfsm10l15101-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 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 agreelformslprofserOW15101-A 3 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. agreelforms/profservl0115101-A 4 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 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. 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 agreelforms/profsery 1011510 1-A 5 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. 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. agreelfonus/profsetv10115101-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 via personal delivery, a reputable overnight carrier or U. S. certified mail -return receipt requested: TO CITY: City of Huntington Beach ATTN:��, 2000 Main Street Huntington Beach, CA 92648 17. CONSENT TO CONSULTANT: i .r 1. r 1♦11M 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 consentlapproval to any subsequent occurrence of the same or any other transaction or event. agree/fonns/profs=10115/01-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. 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 agreelforms/profserv10/ 15101-A 8 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. 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/profsery 10115101 -A 9 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 agreeffib ms/profservl0/15101-A 10 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, Qt; () --T� By: print naive Pkj P (U ITS: (circle one) Chainnan/President/Vice President APPROVED AS TO FORM: City 2uorney I CITY OF HUNTINGTON BEACH, a municipal corporation of the State of California D' ctor ofLl�?✓I✓E (Pursuant To HBMC §3.03.100) By: print rl'Te ITS: (circle one) SecretarylChief Financial Officer/Asst. Secretary — Treasurer \ agree/fonns/profsery 10/ i 5/01-A 11 REVIEWED ANTS APP 0VED: (only for 00 and over) EXHIBIT "A" A. STATEMENT OF WORK: (Narrative of work to be performed) The Planning Department has received a request to process Final Tract Map No. 16573. Per Section 254.08 of the Huntington Beach Zoning and Subdivision Ordinance (HBZSO), Park and Recreation Fees shall be paid by the developer or park land shall be dedicated to the City. The fee amount shall be based on the fair market value of the land. B. CONSULTANT'S DUTIES AND RESPONSIBILITIES: The fair market value of the land shall be determined by a qualified real estate appraiser that has been selected and retained by the City at the expense of the subdivider. The appraiser shall provide the fair market value for the entire project site and the per acre value of the subject site. The fair market value of the land shall be based on the average acre value of the property to be subdivided at the time of the recording of the final subdivision map, adjusted to reflect the value of such acre of property rough graded to a maximum two percent slope. Such appraisal shall exclude improvement. jmp/contracts group/exA/10/21/04 EXHIBIT "B" Payment Schedule 1. Charges for time during travel are normally not reimbursable and will only be paid if such time is actually used in performing services for CITY or as otherwise arranged with CITY. 2. CONSULTANT shall be entitled to progress payments toward the fixed fee set forth herein in accordance with the following progress and payment schedules. 3. 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. 4. CONSULTANT shall submit to CITY an invoice for each progress payment due. Such invoice shall: 1) Reference this Agreement; 2) Describe the services performed;f 3) Show the total amount of the payment due; 4) 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 5) 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 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. 5. 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. jmpkontracts group/ex8-1/10/21104 1 EXHIBIT B ' INSURANCE AND INDEMNIFICATION WAIVER MODIFICATION REQUEST o�V-6 Mph geac�R E C E i V 1. Fieque*°by: Christi Mendoza, Risk Management 2. Il : March 1, 2005 eBAR o 2 2005 3_ Name of contractorlpermittee: Michael W Fairchild City of Hunttngton Beach 4. Description of work to be performed: Real Estate Appraiser CityAttorney's Office 5. Value and length of contract: $2,100, Ongoing throughout the year 6. Waiver/modification request: Cancellation clause wording 7. Reason for request and why it should be granted: Unable to comply with the city`s cancellation clause wording requirement 8. Identify the risks to th City in approving this waiver/modification: None. Department ad Signature Date: APPROVALS. Approvals must be obtained in the order listed on this form. Two approvals are required- for a request to be granted;` Approval from the City Administrator's Office is:only required. Risk Managerent.and ffte City Attorneys office disagree. I. Risk Management /�pproved ❑Denied " Signature Date 2. City Attorney's Office A proved ❑ Deni 4 u Signa#ure Date 3. City Administrator's Office ❑ Approved ❑ Denied Signature Date If approved,:the completed waiver/modification request is to be submitted to the City Attoriney's Office along with the contract for approval. Once the contract has been approved, this form is to be filed with the Risk Management Division of Administrative Services 'THIS CI�RTfFICATE VQtD AND`SUPEISED� CERTIFICATE DATEQ amended by2achel �.. RR ......n. .-� P'..`tS��» :a`M '�afSalt.A��~ . L. A'd"' "Cffi 4} t` �GS�@ ..SS �""�:" e" 4_'. ^. ...'T5 1 il".�i.!.h-��fr/. .air ISSUE DATE (IvfNDDDIYY) �1.Rd»Y�p9:S jX pyg.�Y' 6IX'G%" .,,,,pT L.6 "r r ;a K yJ"`:.*.'2YY' - +..f3« j+ � Y'".-'Gr " ^.imu 02/02/05 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND PRODUCER: CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE Associations Liability Insurance Agency, IriC. Y DOES NOT AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 4907 Morena Blvd., Suite 1415 COMPANIES AFFORDING COVERAGE San Diego, CA 92117 COMPANY LETTER A National Union Fire Insurance Company INSURED: COMPANY LETTER B Michael W Fairchild COMPANY LETTER C 145 Cedar Way #6 COMPANY LETTER D Laguna Beach, Ca 92651 COMPANY LETTER E THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED, NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. CO POLICY POLICY LTR TYPE OF INSURANCE POLICY NUMBER EFFECTIVE EXPIRATION LIMITS DATE DATE (MMIDD/YY) MWDDIYY GENERAL LIABILITY GENERAL AGGREGATE $ PRODUCTS-COMP/OP AGG $ COMMERCIAL GENERAL LIABILITY PERSONAL & ADV. INJURY $ CLAIMS MADE OCCURANCE EACH OCCURRENCE $ OWNER'S & CONTRACTORS PROT. FIRE DAMAGE (Any one $ fire) MED. EXP(Any one $ PREMISES/OPERATIONS Person) AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT ANY AUTO $ ALL OWNED AUTOS BODILY INJURY (per person) SCHEDULED AUTOS $ HIRED AUTOS BODLY INJURY (per ^ accident) NON -OWNED AUTOS C A rja $ GARAGE LIABILITY PROPERTY DAMAGE EXCESS LIABILITY EACH OCCURRENCE $ UMBRELLA FORM $ AGGREGATE OTHER THAN UMBRELLA FORM _ STATUTORY"`� LIMITS . WORKERS COMPENSATION EACH ACCIDENT $T< AND DISEASE -POLICY LIMIT $ EMPLOYERS' LIABILITY DISEASE -EA. $ EMPLOYEE A OTHER ProfessionalUability Z FREA 04-5071 04/15/2004 04/15/2005 $1,000.000 Cover Note Number Start Expires Aggregate DESCRIPTION OF OPERATIONSILOCATIONSNEHICLES!SPECIAL ITEMS The City of Hunting Beach named as additional insured C xRTiC1T HOLDf=R^" CANCI tATIQ1131 The City of Hunting Beach"! SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION 2l)O Main St " DATE THEREOF, THE ISSUING COMPANY WILL ENDEAVOR TO MAIL 30 DAYS WRITTEN NOTICE M-€ i TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO MAIL SUCH NOTICE SHALL Huntington Beach, CA 92648 IMPOSE NO OBLIGATION OR LIABILITY OF ANY KIND UPON THE COMPANY, ITS AGENTS OR REPRESENTATIVES. AUTHORIZED REPR S TA V 1. ru ity CITY OF H UTINGTO 3 BEACH 2000 Main Street, Huntington Beach, CA 92648 Declaration of Non -Employer Status In order to comply with the City Council Resolution No. 6277, you are required to provide proof of Workers' Compensation Insurance. If you have no employees, this form must be signed and returned to: City of Huntington Beach Risk. Management Division 2000 Main Street Huntington Beach, CA 92648 I certify that in the performance of the activity or work for which this permit is issued. I shalt not employ any person in any manner so as to become subject to California Workers' Compensation Insurance requirements_ I authorize the City of Huntington Beach to immediately and retroactively revoke the license or permit issued under this declaration if 1 hire any employee(s) or became subject to the provision of the laws requiring Workers` Compensation Insurance. Applicant/Company Marne: 0, � L. L D 1 � Address: `c.\s Cet4,R_ IM-A Applicant's SignatureAV, (�L QQ i Title: 16ro �, i I Location Signed: L'i"0.tw+, %r- Telephone Number: I� y�fv-tiiv*.Iv°,/�J'`,/�/`EAwi•�� 'ti!`./V�/ti�"�1'-./'V'v `�✓V",.,^•.i �i `. P-.r'.,: '-J`f}..".f �.,�"��tii`�,,,/'.�1•.: �,Fti,'ti.^E/�i �ki�nn.�-.�..�-..r�..�'=%�,-�lti_%�i'.�•.1�.� 4'al ;2T7C-QPQ-k,Tl swalxSP4 U011ew..104UT el7i:Tn en Ta UPr• 0 Su ' PROFESSIONAL SERVICE CONTRACT Hun M�h® PURCHASING CERTIFICATION 0 fi4�n��n o� soon 1. Requested by: Planning Department, Rami Talleh 2. Date: November 3, 2004 3. Name of consultant: Michael W. Fairchild 4. Description of work to be performed: Appraise the property value of a residential tract in order to asses the park and recreation fee. 5. Amount of the contract: $1,500.00 paid by garunteed check from the developer 6. Are sufficient funds available to fund this contract?' ® Yes, ❑ No 7. Company number and object code where funds are budgeted: -<,, P-, 34 3wo 8. 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 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. RIGrHARD AMADRIL, Ma6ager Purchasing/Central Services ' If the answer to any these questions is "No," the contract will require approval from the City Council. purchasing Certification 11/3/2004 11:40 AM The following is a list of consultants from whom proposals were requested: James Netzer, MAI — (949) 263-8954 Mark Byer, MAI — (949) 752-1108 Mike Fairchild, MAI (949) 689-3438