HomeMy WebLinkAboutLea Associates, Inc. - 2008-09-04CONTRACTS SUBMITTAL TO
, EP
CITY CLERK'S OFFICLUD3S -5.A11111:16
To: JOAN FLYNN, City Clerk
Name of Contractor: Lea Associates, Inc.
Purpose of Contract: For Example: Audit Services or Water Quality Testing Huntington Lake —Huntington Central Park
Appraisal Services
Amount of Contract: $30,000.00
Copy of contract distributed to: The original insurance certificate/waiver distributed
Initiating Dept. F-1 to Risk Management [:1
Finance Dept. F ORIGINAL bonds sent to Treasurer ❑
Date: ?/ ?
City Attorney's Office
G:AttyMisc/Contract Forms/City Clerk Transmittal
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PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEA ASSOCIATES, INC.
FOR
APPRAISAL SERVICES
Table of Contents
Scopeof Services.....................................................................................................I
CityStaff Assistance................................................................................................2
Term; Time of Performance.....................................................................................2
Compensation..........................................................................................................2
ExtraWork...............................................................................................................2
Methodof Payment..................................................................................................3
Disposition of Plans, Estimates and Other Documents...........................................3
HoldHarmless.........................................................................................................3
Professional Liability Insurance.............................................................................4
Certificate of Insurance............................................................................................5
Independent Contractor............................................................................................6
Termination of Agreement.......................................................................................6
Assignment and Delegation......................................................................................6
Copyrights/Patents...................................................................................................7
City Employees and Officials..................................................................................7
Notices.........................................................................................7
Consent....................................................................................................................8
Modification.............................................................................................................8
SectionHeadings.....................................................................................................8
Interpretation of this Agreement..............................................................................8
DuplicateOriginal....................................................................................................9
Immigration...............................................................................................................9
Legal Services Subcontracting Prohibited................................................................9
Attorney's Fees..........................................................................................................10
Survival.....................................................................................................................10
GoverningLaw.........................................................................................................10
Signatories.................................................................................................................10
Entirety......................................................................................................................10
EffectiveDate.................................................................................I
I
PROFESSIONAL SERVICES CONTRACT BETWEEN
THE CITY OF HUNTINGTON BEACH AND
LEA ASSOCIATES, INC.
FOR
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 LEA ASSOCIATES INC. , a cornoration hereinafter referred
to as "CONSULTANT."
WHEREAS, CITY desires to engage the services of a consultant to
rovide appraisal servi
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:
l . 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 ROBERT M . LEA
who shall
represent it and be its sole contact and agent in all consultations with CITY during the
performance of this Agreement.
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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 , 20DL (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 ( 3 ) 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 "1B,"
which is attached hereto and incorporated by reference into this Agreement, a fee, including all
costs and expenses, not to exceed thirty —thousand ----- ------------- Dollars
($ 30,000.00------- ).
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
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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 "13."
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.
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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.
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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: TINA KRAUSE
2000 Main Street
Huntington Beach, CA 92648
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TO CONSULTANT:
ROBERT M. LEA
1635 Pontius Avenue
Los Angeles, CA 90025
(310) 477-6595
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
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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
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24. ATTORNEY' S FEE
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, each party shall
bear its own attorney's fees, such that the prevailing party shall not be entitled to recover its
attorney's fees from the nonprevailing 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. SIGNATORIES
Each undersigned represents and warrants that its signature hereinbelow has the
power, authority and right to bind their respective parties to each of the terms of this Agreement,
and shall indemnify CITY fully for any injuries or damages to CITY in the event that such
authority or power is not, in fact, held by the si tor y s w' rawn.
CONSULTANT's initial
28. 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 parry's
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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 supersede all prior understandings and agreements whether oral or in writing
between the parties respecting the subject matter hereof.
29. EFFECTIVE DATE
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be
executed by and through their authorized officers. This Agreement shall be effective on the date
of its approval by the City Attorney. This Agreement shall expire when terminated as provided
herein.
CONSULTANT,
LFA ASSOCIATES, INC.
MPANY NAME
. r
ROBERT M. LEA, MAI
CITY OF HUNTINGTON BEACH,
a municipal corporation of the State of
California
ECONOMIC DEV ENT Director/Chief
(Pursuant To HBMC §3.03.100)
print name
ITS: (circle on Chairrn resident/Vice President APPROVED AS TO FORM:
D
City Attorney
ROBERT M. LEA, MAI
pr
ITS: (circle one Secretary/ ief Financial Officer/Asst.
Secretary — Treasur
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Date L,
EXHIBIT "A"
A. STATEMENT OF WORK: (Narrative of work to be performed)
Lea Associates, Inc. will provide appraisal services to the city on an as -needed basis.
B. CONSULTANT'S DUTIES AND RESPONSIBILITIES:
Services Required For Acquisition of Private Property:
If the City requires real estate appraisal services for the acquisition of private property, the
consultant will conduct an appraisal study to estimate Fair Market Value of the property. Fair
Market Value is defined in Section 1263.320 of the California Code of Civil Procedure. If the
subject property represents a "total taking" by the City or Redevelopment Agency, the appraiser
will be guided by said definition of Fair Market Value. If the appraisal assignment involves a
partial taking of a parent property for a school project, the objective of the appraisal study will be
the estimation of Total Just Compensation including the consideration of severance damages and
project benefits, as may be appropriate.
The work plan for the appraisal of a partial taking appraisal study will be more extensive than the
total taking of a property. The following procedure addresses a total acquisition situation.
A Notice of Intent to Appraise will be issued to the subject property owner by the
appraiser (following the issuance of a Notice of Decision to Appraise issued by the
City or Redevelopment Agency. The Notice of Intent to Appraise will, among
other things, invite the subject property owner or his/her representative to
accompany the appraiser at the time of the formal appraisal inspection. The
appraiser will also submit a "Property Data" form along with the notification letter,
which form allows the property owner the opportunity to convey information to the
appraiser regarding recent repairs and upgrades made to the property, and the cost
thereof, the form also requests information regarding existing leases and rental
history as may be applicable.
2. The property owner is generally allowed ten days to respond to the Notice of Intent
to Appraise. If the owner responds and is cooperative, the consultant will schedule
an appointment at the owner's convenience. If the owner does not respond, the
appraiser will attempt to contact the owner by telephone, or at the subject property.
If the owner does not respond and the property is tenant occupied, arrangements
will be made with the tenant for the formal appraisal inspection (as the tenant has
possession and possessory rights to the property).
3. The consultant will perform the formal appraisal inspection, which will include the
measurement of all buildings and site improvements. Photographs will be taken of
all buildings (including interior photographs) and site improvements. The
construction detail of all buildings will be recorded (foundation, floor, exterior
walls, etc.). If the property owner and/or tenant deny the appraiser access, the City
will be advised, and information will be obtained (1) by viewing the subject
Surfnet Exhibit A
property from the adjacent public rights -of -way (in order to avoid trespass), as well
as (2) from public records and other sources.
4. The consultant will determine the zoning of the subject property, along with
development standards, by contact with the proper zoning authority. If there is a
question regarding the highest and best use of the subject property, and that use is
not in accordance with; or is not permitted within, the existing zoning, the
consultant will obtain an indication from the proper zoning official as to the
reasonable probability of obtaining a zone change, variance or Conditional Use
Permit. The appraisal of the subject property will be based on the legal use which,
in most cases, will be the current use.
5. The appraiser will initiate A market research program to locate land sales,
improved property sales and rental data, as appropriate, for the application of those
conventional valuation methods applicable to the subject property in the "before"
condition. The three conventional valuation methods include the Sales Comparison
Approach, Cost -Summation Approach and Income Capitalization Approach.
Various data sources (title company, data publication services, and in -person
contact with real estate agents and professional property managers) will be utilized
in order to obtain an adequate and representative amount of market data for the
application of the valuation methods.
6. All market data (land sales, improved property sales and rental information) will be
viewed, photographed and confirmed with a party of interest; the sales will be
confirmed by the grantor, grantee or agent involved in the transaction; the rental
data will be confirmed by the lessor, lessee and/or agent involved in the transaction.
Note that it is important to obtain a confirmation of the sale price (or lease rate) and
terms of sale (or lease terms) in order to properly analyze the sale or rental property
as it relates to the subject property.
7. The consultant will apply the valuation analysis to the subject property by
application of the three conventional valuation methods, as applicable.
7a. The Sales Comparison Approach will utilize land sales, as well as improved
property sales; adjustments will be made as appropriate for such items as
market conditions existing as of the date of sale, financing, and the various
elements of comparability, i.e. location, immediate environmental influences,
land size, land configuration, building size, building condition, construction
quality, etc.
7b. The Cost -Summation Approach will be applied employing the land value
estimate derived via the Sales Comparison Approach, plus the replacement
cost new of buildings and site improvements less a certain amount of
depreciation based on the physical condition, functional utility, and possibly
economic or locational obsolescence. The value indication produced by the
Cost -Summation Approach is the sum of the land value (as if vacant and
available for a highest and best use development), plus the depreciated value
of all improvements. Note that the replacement cost new will include both
Surfnet Exhibit A
direct and indirect costs (sometimes referred to as "hard" and "soft" costs).
7c. The Income Capitalization Approach is based essentially on the amount of net
income capable of being derived by a property, which net income is then
capitalized, or converted to an indication of value, by an appropriate
capitalization rate derived from sales of reasonably comparable investment -
type properties. The application of the Income Capitalization Approach
includes the proper estimate of gross income capable of being generated by
the subject property, then adjusted for a proper vacancy rate and proper
amount of fixed and operating expenses. The proper income applicable to the
subject property is estimated by way of the comparison process after
reviewing rental rates of other reasonably comparable properties. The
vacancy charge is based on a survey of other similar properties in the subject
market area. The actual expenses of the subject property will be considered
along with "industry standards" and expense ratios of other similar properties.
The capitalization rate will also be determined based on market evidence, i.e.
sales of reasonably similar investment properties wherein the sale price
thereof and net operating income can be determined or obtained from a party
of interest in the sale transaction. There are certain sources of summarized
capitalization rates and yield rates that are available from the national
appraisal organizations, and private real estate data source companies. A
Discounted Cash Flow Analysis may be used in lieu of a conventional Income
Capitalization Approach; the Discounted Cash Flow Analysis, or Yield
Capitalization, is a procedure in which a discount rate is applied to a set of
projected income streams (or cash flows) and a monetary reversion at the end
of the holding period (unless the study involves the leasehold up to and
including the lease termination date). The analysis will generally cover a
period of at least five years, and usually 10, 15 or 20 years.
8. The value indications produced by the three valuation methods will theoretically
produce the same value, however, that is rarely the case due to the imperfection of
the real estate market. The consultant will reconcile the differences based on that
valuation method (approach) which is supported by the most reliable market data.
Similar weight, then, may be assigned to more than one valuation method. The
value of the subject property will be based accordingly.
9. Appraiser and all employees shall adhere to appraisal practices as required to conform to
the Uniform Standards of Professional Appraisal Practice (USPAP).
Appraisal Required of City -Owned Property:
The real estate appraisal process is essentially the same for appraising virtually all types of
property, however, in the event City -owned property is appraised, the notification process will be
unnecessary.
Surfnet Exhibit A
Robert M. Lea will serve as the principal appraiser for all assignments issued by the City of
Huntington Beach. Certain associates may assist from time to time, however, Robert M. Lea
will be present and serve as the principal appraiser in all phases of an appraisal assignment,
including the inspection of the subject property(ies), market data gathering process, market data
analysis, valuation analysis, and drafting of the formal appraisal report.
At the City's option, the following services may be provided:
Provide appraisals for publicly offered land. Secure written permission from owners to enter
properties from which land is to be acquired; prepare and conduct pre -appraisal contact with
interested owners for each parcel; contact property owners or their representatives to offer an
opportunity to accompany the appraiser on the appraiser's inspection of subject property; prepare
a complete appraisal report for each parcel to be acquired; as necessary, prepare written
notification to the City of any concerns associated with properties to be acquired which could
require remediation; and review completed appraisals with City staff.
Prepare written appraisals of furniture, fixtures, and equipment or for special use properties.
Provide appraisals for insurance and/or insurance renewal purposes for multiple parcel or
structural evaluations.
As necessary, review appraisal reports to determine consistency with values, supporting
documentation related to the conclusions reached, and compliance with the Uniform Standards
of Professional Appraisal Practices.
Appraiser may also be required to provide appraisal -related consulting services on an "as -
needed" basis.
C. CITY'S DUTIES AND RESPONSIBILITIES:
City will provide vendor with detailed scope of work for each appraisal assignment.
D. WORK PROGRAM/PROJECT SCHEDULE:
The consultant will provide a timeline for each appraisal assignment requested.
Surfnet Exhibit A
EXHIBIT "B"
Payment Schedule (Hourly Basis)
1. CONSULTANT shall be entitled to monthly payments for work performed under this
contract on a not -to -exceed basis.
A. Total fee shall not exceed thirty thousand dollars ($30,000.00). CONSULTANT
agrees to inform the CITY when CONSULTANT is at the point of reaching the maximum
limit.
The fee schedule for professional real estate appraisal services will be based on the following fee
structure:
Pre-
Pre -
Individual
Standard
Standard
Trial/Trial
Trial/Trial
Hourly Rate
Daily Rate
Hourly Rate
Dail
Robert M. Lea, MAI
$275.00
$2, 200.00
$350.00
$2, 800.00
John J Gobbell, Jr., MAI
175.00
1,400.00
250.00
2,000.00
Barbara J. Lambe, Analyst
90.00
720.00
125.00
1,000.00
Geoffrey W. Capell, Analyst
85.00
680.00
110.00
880.00
derardo Arciniega, Analyst
80.00
640.00
100.00
800.00
Joshua M. Fidani, Associate
55.00
440.00
75.00
600.00
Word Processing/Support
50.00
400.00
50.00
400.00
CITY and CONSULTANT agree to meet at least sixty (60) days prior to the anniversary date of
each year of this Agreement to review the compensation as set forth herein. Upon mutual
written consent of both parties, an annual adjustment to the fee schedule, either increase or
decrease, not to exceed the Consumer Price Index (CPI) for all Urban Consumers in the Los
Angeles, Riverside, or Orange County areas or 5%, whichever is lower may be made to reflect
unanticipated cost fluctuations.
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;
Surf ct Exhibit B
EXHIBIT B
Hourly Basis
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
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
Hourly Basis
Professional Service Contracts
Purchasing Certification
1. Date: 8/29/2008
3. Department: Economic Development
5. Name of consultant: Lea Associates, Inc.
2. Contract Number: ECD 67af a,3 f ao
4. Requested by: Tina Krause
6. Attach the written statement of the specification, conditions, and other requirements for the requested
services provided to solicited consultants.
See attached contract.
7. Amount of the contract: $30,000.00
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: 30580101.69310 and
30680301.69310 ✓
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 attached list.
16. Attach proposed scope of work.
See Exhibit A.
17. Attach proposed payment schedule.
See Exhibit B.
Department Head ature
IC HARD AMADRIL
entral Services Manager
1. If the answer to this question is "No," the contract will require approval from the City Council.
CERTMCATE OF INSURANCE
Producer:
Issue Date: 08/01/2008
This certificate is issued as a matter of information only and
LIABILITY INSURANCE ADMINISTRATORS
confers no rights upon the Certificate Holder. This Certificate
P.O. Box'1319
does not amcnd, extend or alter the coverage afforded by the
Santa Barbara, CA 93102-1319
Policy below.
Insured: 103935
COMPANY AFFORDING COVERAGE
LEA ASSOCIATES, INC,
1635 Pontius Avenue
Liberty Insurance Underwriters, Inc.
Los Angeles, CA 90025
Pax Number 310-914-0249
Authorized Representative
This is to certify that the policy of insurance listed below has been issued to the Insured named above for the policy period
indicated. Notwithstanding any requirement, term of condition of any contract or other document with respect to which this
Certificate may be issued or may pertain, the insurance afforded by the policy described herein is subject to all the terms,
exclusions and conditions of such policy. Limits shown may have been reduced by paid claims
TYPE OF INSURANCE
POLICY NUMBER
EFFECTIVE DATE
EXPIRATION DATE
LINWS
Professional Liability
LRJ003405-007
04/03MM
W0312009
General Aggregate
$ 1,000,0()0
Each Claim
$ 1,000,000
AVP94
D TO 1K
To
RM
n
XQF
FC
xl'
City Attomdy
a--,
Description of Operations/Locatious/Special Items:
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY INSURANCE EVIDENCE OF INSURANCE
Certificate Holder-
Cancellation:
City Of Huntington Beach
Should the above described policy be cancelled before the
2000 Main Street
expiration date thereof, the issuing Company will endeavor to
Huntington Beach., CA 92648
mail 30 days notice, except 10 days notice for nonpayment of
premium, to thecertificatte holder named to the left. However,
failure to mail such notice shall impose no obligation or liability
of any kind upon the Company, Its agents or representatives.
LIA0001 (11/97) C6rtificate Holder Copy
I
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
Christopher N. Hardy, MAI
Parkcenter Realty Advisors
Senior Vice President
801 North Parkcenter Drive., Suite 210
Santa Ana, CA 92705
Email: chardygparkcntr.com
(714) 547-1733
Fax: (714) 972-1492
Kevin Cook, MAI
29811 Santa Margarita Parkway
Rancho Santa Margarita, CA 92688
(949) 713-3787
Email: kcmaigcox.net
The Heath Group
Attn: Sean Heath
11403 West Bernardo Court
San Diego, CA 92127
(858) 673-1177
Email: seangheath- group. com
Lidgard and Associates — submitted proposal
Scott Lidgard, MAI
2808 E. Katella Ave., Suite 107
Orange, CA 92867-5246
Phone: (714) 633-8441
Fax: (714_ 633-8449
Email: scott(a�lid.gardinc.com
Craig Dodson
I I I Los Viento Drive
Newbury Park, CA 91320
Cell (818) 515-5079
Home (805) 498-0668
Email: craigsdodson a,yahoo.com
Kurt Goeppner
Goeppner & Associates, Inc.
1096 Sea Bluff Drive
Costa Mesa, CA 92627
(800) 334-1956
Email: kgoeppnergearthlink.net
Lea Associates, Inc.
Robert M. Lea, MAI
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
1635 Pontius Avenue
Los Angeles, CA 90025
(310) 477-6595
Email: challcer leaassoc.com
Michael Fairchild
21071 Jenner
Lake Forest, CA 92630-7078
(949) 689-3438
Email: mfairchi1d101(a�aol.com
Valentine and Associates — submitted proposal
Gary Valentine
23942 Lyons Ave.,
Santa Clarita, CA 91321
Phone: (661) 288-0198
Fax: (661) 288-0197
Email: sv e,valentineappraisal.com
Peter Finnerty, MAI
Pacific Real Estate Consultants
4060 Campus Dr., Suite 230
Newport Beach, CA 92660
Phone: (949) 752-9323
Fax: (949) 752-4920
Email: pacrecon(aapacbell.net
Gary Vogt, MAI
Gary Vogt and Associates
33191 Paseo Blanco
San Juan Capistrano, CA 92675-4617
Phone: (714) 489-8029
Email: lvogt(kcox.net
Leonard Lichter, Certified General Appraiser
The Real Estate Mart
17111 Beach Blvd., #212
Huntington Beach, CA 92647
Phone: (714) 841-6691
Fax: (714) 848-9193
Email: salesgtherealestatemart.com
Desmond, Marcello and Amster — submitted proposal
6060 Center Drive
Los Angeles, CA 90045
Phone: (310) 216-1400
MAILING LIST FOR APPRAISAL SERVICES
REQUESTS FOR PROPOSALS
Fax: (310) 216-0800
Email: infoa.,dmavalue.com
Jeffrey T. Nagasaki, MAI — submitted proposal but took it back on 2/29
Nagasaki & Associates
2421 West 2051h St.
Torrance, CA 90501
Phone (310) 224-7900 ext 103
Fax (310) 224-7901
Email: jna asakia sbcglobal.net or jeffreytn c rasn.com
R. P. Laurain & Associates, Inc.
3353 Linden Avenue, Suite 200
Long Beach, CA 90807
Phone: (562) 426-0477
Fax: (562) 988-2927
Email: John grplaurain.com
James Netzer
James B. Netzer, MAI
234 E. 17" St., #209
Costa Mesa, CA 92627
Phone: (494) 631-6799
Fax: (949) 631-4631
Email: jamesbnetzergaol.com
Greg Wingerd
19152 Yacht Lane
Huntington Beach, CA 92646
(714) 963-8846
Email: praiser e,tmail.com
Cash Gill -submitted proposal
Gill Group
Email: cash. gilIggillgroup.com
David Gribin — submitted proposal (not on original vendor list - notified him of
addendum on 3/3)
Gribin Company
22551 Ventura Blvd., Ste 201
Woodland Hills, CA 91364-1427