Loading...
HomeMy WebLinkAboutR. P. LAURAIN & ASSOCIATES - 2005-12-23 CONTRACTS SUBMITTAL TO CITY CLERK'S OFFICE 2006 MAY - 1 AH II: 17 j 1°✓ 9„r I Y 1 i CITY .1F HUNTIHC,T Ci.a BEi%CH To: JOAN FLYNN, City Clerk Name of Contractor: R. P. Laurain & Associates, Inc. Amendment No. 2 Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Real Estate Appraisal Services Amount of Contract: $35,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed El Dept. ❑ to Risk Management Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ Date: Nam en ion City Attorney's Office 4�e X4�00r G:AttyMisc/Contract Forms/City Clerk Transmittal & AMENDMENT NO. 2 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.P. LAURAIN & ASSOCIATES,INC., FOR REAL ESTATE APPRAISAL SERVICES THIS AMENDMENT NO 2 is made and entered into the�C day of 2008, by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and R.P. LAURAIN & ASSOCIATES, INC., a California corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 23, 2005, entitled "Professional Services Contract Between The City Of Huntington Beach And R.P. Laurain& Associates, Inc., For Real Estate Appraisal Services,"which agreement shall hereinafter be referred to as the "Original Agreement," and On January 22, 2008, the Original Agreement was amended to provide for additional compensation, and City and Consultant wish to further amend the Original Agreement, as amended, to provide for additional compensation in the amount of$10,000, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 ($35,000.00). 1 08-1548/20967 2. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: CITY: R.P. LAU SSOCIAT CITY OF HUNTINGTON BEACH, a z Califo .tz corporati municipal corporation of the State of California By am print name ITS: (circle one)Ch nam residers ice President Director of Economic Development (pursuant to HBMC§3.03.100) AND By: o►n.� a` APPROVED AS TO FORM: print name / ITS: (circle one) Secretary/Chief q Officer/Asst. Secretary-Treasu ce- .city Attorney MV' g-3�CG� J�03 2 08-1548/20967 UULChon UVUI.11 l.V6A 1. 'fI JV/ GVVV .7.2J /•ll'y y"yIVL [./ VVz y uI� vva dva r .394M KMAUKM ACORD- CERTIFICATE-OF UABIUTY INSURANCEo FRODUM THIS CBnV=' E 0ISSUED AS A MATTER OF tNFORAAATtON USt of Southern Califomia ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE f 11_ F TMS iR4vTi<c:r..�Fi:DOY NOT AM-NZ EXTEND OR Lic it 0351162 [F9dF.i/VT ,_.._. i ALT'ER THE Ci51'E43AGE AFFORDED BY THE POLICES BELOW. 29A Techrao#nnu Drive - IM Tt�p CA 32648 I IZERS A€FORWAG COVERAGE MIC it tHSUR� GauRER A. The 1'ayftrd 199999 R P.Laursln&Aswda'las,Inc. v4sLmffq a- Preferrrn-Emodflv_ers Insucans$Go. 10900 i 3v53 Linder,a:ve�.ue,S'z.ff-200 ; . - . 1 �r ER�: unaer��crs at Lloyps,i uandon I i..ssst e`snr=s`.i:�i.rn utfuut i¢ ;eFv g, i R - { r•h3t�fsar=� e '�irrt R>,i��0E'S OF ei.1S'R;R v iw�.r ra�^.v SEL—r:`:W.FE SEEM ISS'_'�_,TO T�!E ENSURED niasuai 0 AROAC-Pi�'iis_Tn i�iti'r�etI ii+�}1Cjji s r :i+iO i avi,n5 T A�hiCiNG I AM fiEGUREMENT,Tr"€M �,D,'T#�SLii �fi:YC��1SF.�t'sR�T i��t7�t8r_�s r�s+�arci! izFr +�ri irim€sf�_���=MIKYg--�-:� --.Ft r� "° �:-i,.ii ALL 4 . _A r M_ QV ^ _ I PAMICL^FIW& {Olf,K:Y SCK__ vE �C31_itrY FiCY1A5fU-Fi ____ r -- - -- .. •.�{{ 2 . -_-= i r _ in�,�-m.m� �An=.,rF.u� sa va _tnr3 { ..�...:..:.. t ., .... "'r_OR {' - 1 t iippi+6+'e_� .. �EiLRMXME i q 1 fli:t"Sr•-!_ ! , ?:.LL C.�C.A{��.-�'?iia F35Aff: i e 741,vt�lc'i __ PEMON&d AVV MABiY tt GENERAL AGGREGATE SZ OOO OOO GENY.AGGREGATE LIMIT APPLIES PER PRODUCTS•COMMP AUG sZ 000 000 - PoLiCY pRa we A A MMOBLE LU4Bt11TY 72SBACU6245 021111 021"1109 caa sn+Eo SINGLE Uasri s1,{!tlt3.000 X ANY AUTII (Ea ALL OWNED AUTOS BODILY INJURY S'CMEOULED AUTOS (Pet pwW) S X HIRED AUTOS BOMY 00M S X f4ON4NMMAUTOS APP rED AS FO (P-8CMU14 MWOM n ` a GARAGE UABWTY ' / Aura ONLY-Fa AcclneNT s ANY AUTO � �� OTHER THAN EA ACC S AUTO MY: AGG S EfCUSAIMBRE"11ABUM EADH OCCURRENCE S OCCUR CLAMS MADE AGGREGATE S S DEBMT111E S Rs=TE T 9 ¢ •wuyBewv •wu/c/no v tNC;.l3'TATU• aTM• a. ca.cw C r"rEl mATON A`.D 1lFt RtVIUD'►`wJ/r 1V!*sO1Vt WAMMUa r F{ F3f9{A17YilFM 21_000.QQQ AN F,T, P IETOP PAFtTN Ret:li I Cbt r"..'c:v"Ma=1r.: EXCLUDED? - i ,S.'�_nlec_��c_cvn EueLnviceZ c1_nnn non n�:rigs IDS u{trJer } I C• al 4 nnn nm c.�.vevo:ma.. ru T ,3.,aam,m®s B � JP'C.4y1L r�TC�fTrJ1{�r'1 n0�'.-'.'H • a ,_ _ r f'-• _ _- _ . e none rnn Rn nnn AAA lIY -K - [ � 1 R____ f-ltiTi�F� 1 f1fZF sro tLLpiuiilL� i = {i D?wCtt. rox OF OPERAnwis i LocATt m l VEKMLP3 t EXGLIM.tYdLM ADDED SYMOPMEMENT1`PEMAL PR 3 RE:All Operations I City of Huntington Beach.its agents,officers anti empioyees ante the Redevelopment Agestcy of the City of Hun dVon Beach are named as Additional Insured, general Liability is primary and Eton-Contributory. (See Attached Liesetirtions) L- irCt'il MAT KOLDER j G'i�PiVfiJ nFiY vP iii�iiG •. fiG.�i�Riar' .1R—1S a�s-f=I `n-C_L7:0RE TUG SYOitiAY[rll/:i City of Huntington SeatdT �flFi.T-c�Fciacci'r ins'iaaatt{w Atign:RiskMana�senaertt j roTiics tT- wiE�;as ► Dra�+�LFTS.-- - -- 20M ffthl8tteet _ } 94wi-tngt Be-ach,CA M P.UTTiQ D FIEPRESkroT^YvE - �� �� rs aMef1 f�/moA0�4YArt tAC VJ1 JV31 Lil I.VO.a7'l. Y/ JV/ GVVV a7.2J AI'1 r,AVL J/ VV2 1 cnA vva .vi t Ps *10 Dav notice applies for nonpayment of premium. d AIRS 252(Z0MM) 3 of s M225sw VUl "MULll Ii VLLOU 2/ JVI LVVV .7.2J /'u'a F-a"!VL zI VVz a a4A vva ova POLICY: 72SBACU6245 COMMERCIAL GENERAL LIABILITY THIS ENDORSEMENT CHANGES THE POLICY,PLEASE READ IT CAREFULLY. ADDITIONAL INSURED— OWNERS,LESSEES OR CONTRACTORS (FORM B) This endorsement modifies insurance provided under the following: C OPYIMERCIAL GENERAL LIABILITY COVERAGE MART. i:_ ":aJ LITTi:�.H.°HSbT?9P9 44E.:�� �.:g�� a �1��-�� ua ��=v im « WHO jti AN RNSURY D(section II)is amended- to include as an insured the Amon or oi-ni7setion shown in the Schedule,but only with repeF:t to t=-ab.�.Itg as min® or 1. 8l l3 itil 11H�r aj'rGE[F final SUCH insurance as F.7 aFFEY1 lFTi1F UV L116D Na7aBC iLlr IfiEG bfG58ES81 iF2 Sa'!G S'l!dUlUonai eritlHtrwi e/la`!!lril aj aHUHH riV HdrHm aH!'V !riel8 r(8 e8NP H1riT 81HblL lHl res-r-is va env 0xim 4--my H!r tori rdl i181V Gr/¢l BHel -d.se nF t6d.. n aRe:nxiA !ld..W-Vnnd T'"esss- l rt—F..a,... _ �an.a wsiwwa. esfdw _ -Sb l�G�__�_ -_ __-_- �L5 - :5•�-��- _- __ --__ mod__'C31 �d L'�__ Y.� ASS]��� -__—_<:d�L __ e CITY OF HUNTINGTON BEACH Professional Service Contracts Purchasing Certification Amendment # 2 Date: 4/22/08 RECEIVED 1. Contract Number: ECD 005-032-01*02� i APR 2 9 2008 Cl�of Huntington Beach 2. Department: Economic Development ttv Attorneys Office 3. Requested By: Tina Krause 4. Name of Consultant: R. P. Laurain & Associates, Inc. 5. Amount of Original/Prior Contract: $25,000 6. Additional Compensation Requested: $10,000 7. Reason for Contract Amendment: R.P. Laurain will be providing additional real estate appraisal service for various upcoming projects. 8. Are sufficient funds available to fund this contract? Yes ® No ❑ 9. Business Unit and Object Code where funds are budgeted: 30580101.69310 Department Head Sig ature RIC ARD AMADRIL Central Services Manager • ED �� CONTRACTS SUBMIJOT64 iT ;,l l: i g CITY CLERK'S OFFI�C,E C.IT%`Or HUB.T IINGTOH ? t>Cli To: JOAN FLYNN, City Clerk Name of Contractor: Amendment No. 1 R. P. Laurain & Associates, Inc. Purpose of Contract: For Example:Audit Services or Water Quality Testing Huntington Lake—Huntington Central Park Real Estate Appraisal Services Amount of Contract: $25,000.00 Copy of contract distributed to: The original insurance certificate/waiver distributed ❑ Initiating Dept. to Risk Management❑ Finance Dept. ❑ ORIGINAL bonds sent to Treasurer ❑ P1 Date: Name/E e n City Attorney's Office G:AttyMisc/Contract Forms/City Clerk Transmittal i / AMENDMENT NO. 1 TO AGREEMENT BETWEEN THE CITY OF HUNTINGTON BEACH AND R.P. LAURAIN & ASSOCIATES, INC., FOR REAL ESTATE APPRAISAL SERVICES w THIS AMENDMENT is made and entered into the2?fiJ day of c r , 2009 by and between the CITY OF HUNTINGTON BEACH, a California municipal corporation, hereinafter referred to as "City," and R.P. LAURAIN & ASSOCIATES, INC., a California. corporation, hereinafter referred to as "Consultant." WHEREAS, City and Consultant are parties to that certain agreement, dated December 23, 2005, entitled"Professional Services Contract Between The City Of Huntington Beach And R.P. Laurain& Associates, Inc., For Real Estate Appraisal Services,"which agreement shall hereinafter be referred to as the "Original Agreement," and City and Consultant wish to modify the Original Agreement to provide for the performance of additional tasks by Consultant, and for the payment of additional'compensation to Consultant, NOW, THEREFORE, it is agreed by City and Consultant as follows: 1. ADDITIONAL COMPENSATION Section 4 of the Original Agreement, entitled "Compensation," is hereby amended to read as follows: 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 Twenty-five Thousand Dollars ($25,000.00). 1 07-1362/16442 2. ADDITIONAL TASKS In addition to the tasks specified in the Original Agreement, Consultant agrees to perform such additional tasks, on an"as-needed" basis, as may be assigned from time to time by City. 3. REAFFIRMATION Except as specifically modified herein, all other terms and conditions of the Original Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have caused this agreement to be executed by their authorized officers on the date first above written. CONSULTANT: CITY: R.P. LAURAIN & ASSOCIATES, INC. CITY OF HUNTINGTON BEACH, A California corporation a municipal corporation of the State of California By: Director of Economic D. v opment (pursuant to HBMC 3.03.1 (print or type name) APPROVED AS TO FORM: Its: (circle one)Chairman/Presiders ice Presi en -7 og City Attorney t Q By: 10 R��� p mt or type na Its: (circle one)Secretary ief Financial Officer/ Asst. Secretary.- reasurer 2 07-1362/16442 Client#:46443 RPLAURAI A ORD. CERTIFICATE OF LIABILITY INSURANCE 1123/2oo'"YYY' PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USI of Southern California ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lic#0351162 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 29A Technology Drive Irvine,CA 92618 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A: The Hartford 99999 R-P.Laurain&Associates Inc. INSURER B: Preferred Employers Insurance Co. 10900 3353 Linden Avenue#200 INSURER C. Long Beach,CA 90B07 INSURER.D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. LICY LTR NSR TYPE OF INSURANCE POLICY NUMBER PO TEY EF/I D WE P ATE EXPIRATION IMWDDIM LIMITS A GENERAL LUIBIUTY 72SBACU6245 02/11/07 02/11/08 EACH OCCURRENCE $1 000 000 X COMMERCIAL GENERAL LIABILITY DAMAGE TO RENTED $300 000 CLAIMS MADE F_x1 OCCUR MED EXP.,(Any one person) $10,000 PREMISES(Ea occurrencel PERSONAL&ADV INJURY $1,000,000 GENERAL AGGREGATE s2,000.000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY IES LOC A AUTOMOBILE LIABILITY 72SBACU6245 02/11/07 02/11/08 COMBINED SINGLE LIMIT X ANY AUTO (Ea accident) $1,000,000 ALL OWNED AUTOS BODILY INJURY $ SCHEDULED AUTOS (Per person) X HIRED AUTOS � BODILY INJURY $ X NON-OWNED AUTOS (Per accident) PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: qGG $ EXCESSAIMBRELLA LIABILITY EACH OCCURRENCE $ OCCUR CLAIMS MADE J E c C Attorn y AGGREGATE $ r $ DEDUCTIBLE /l7 $ RETENTION $ $ B WORKERS COMPENSATION AND WKN1081977 10/06/07 10/06/08 �( TNCYUOR STATT OTH- EMPLOYERS'LIABILITY E.L.EACH ACCIDENT $1 OOO OOO ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICERIMEMBEREXCLUDED? E.L.DISEASE-EA EMPLOYEE $1,000,000 If yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1,000,000 OTHER DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS City of Huntington Beach,its agents,officers and employees and the Redevelopment Agency of the City of Huntington Beach are named as Additional Insured. General Liability is primary and Non-Contributory. *10 Day notice applies for nonpayment of premium. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL MAIL *11f) OAYS,WRITTEN Attn:Risk Management NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, 2000 Main Street Huntington Beach,CA 92648 AUTHORIZED.REPRESENTATIVE ACORD 25(2001/08)1 Of 2 #M447439 DEUG O ACORD CORPORATION 1988 CITY OF HUNTINGTON BEACH Professional Service Contracts ' fB >.I1A1.p Purchasing Certification Amendment # 1 Date: 1/30/08 1. Department: Economic Development 2. Requested By: Tina Krause 3. Name of Consultant: R. P. Laurain &Associates, Inc. 4. Amount of Original/Prior Contract: $10,000 5. Additional Compensation Requested: $15,000 6. Reason for Contract Amendment: R. P. Laurain will be providing additional real estate appraisal service for various upcoming projects. 7. Are sufficient funds available to fund this contract? Yes ® No ❑ 8. Business Unit and Object Code where funds are budgeted: 30580101.69310 Department Head Signature ICHARD AMADRIL Central Services Manager.. SU ity Contracts Submittal to Cr F V E I n4HuntPka�ch '; City Clerk's Office 2005'DEC 21 N4 10: 33 To: City Clerk 1. Name of Contractor: R. P. Laurain &Associates 2. Purpose ofContract: 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 U j. CITY CLERK'S OFFICE USE ONLY: Data Na,�Axpwion (Wegory City Attomey's Office �10, Date: 12/23/05 a, Y,; RECORM DW-Cho&CUT OrV.Database lbr i Fit. 0,I)ONE g:/Aftymisc/formstcity clerk contract transmittal.doc PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY QF HUNTINGTON BEACH AND FOR Table of Contents 1 Scope of Services.....................................................................................................1 2 City Staff Assistance................................................................................................2 3 Term; Time of Performance.....................................................................................2 4 Compensation..........................................................................................................2 5 Extra Work...............................................................................................................2 6 Method of Payment..................................................................................................3 7 Disposition of Plans, Estimates and Other Documents ...........................................3 8 Hold Harmless .........................................................................................................3 9 Professional Liability Insurance......................................................................... ....4 10 Certificate of Insurance............................................................................................5 11 Independent Contractor............................................................................................6 12 Termination of Agreement.......................................................................................6 13 Assignment and Delegation......................................................................................6 14 Copyrights/Patents...................................................................................................7 15 City Employees and Officials..................................................................................7 16 Notices... ............ ... ... ... ...... ... ... ... ... ... ...... ... ... ... ... ... ... ... ...... ... ........7 17 Consent....................................................................................................................8 18 Modification.............................................................................................................8 19 Section Headings .....................................................................................................8 20 Interpretation of this Agreement..............................................................................8 21 Duplicate Original....................................................................................................9 22 Immigration...............................................................................................................9 23 Legal Services Subcontracting Prohibited................................................................9 24 Attorney's Fees..........................................................................................................10 25 Survival.....................................................................................................................10 26 Governing Law.........................................................................................................10 27 Entirety......................................................................................................................10 PROFESSIONAL SERVICES CONTRACT BETWEEN THE CITY OF H&NTINGTON BEACH AND i Ord FOR C G44dA -G THIS AGREEMENT ("Agreement") is made and entered into this day of DO ? Jl�0 200_6�by and between the City of Huntington Beach, a municipal corporation of the State of California, hereinafter referred to as "CITY, and n , D r �o 1� 7 . a � U 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 tVj& ..e.. A PO d�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 10/15/0 1-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 "Commencement Date"). This Agreement shall expire on Q unless sooner terminated as provided herein. All tasks specified in Exhibit "A" shall be completed no later than ✓ 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 JkfX4AiXk Dollars($ J0s000 . 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 work only after receiving written authorization from CITY. Additional agree/forms/profsery 10/15/01-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 agree/forms/profsm10/1 510 1-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. agree/forms/profserv10/15101-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) ' prior written notice; however, ten (10) days' 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 agree/forms/profsery 10/15/01-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. agreedormsfprofsery 10l15/01-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 parry via personal delivery, a reputable overnight carrier or U. S. certified mail-return receipt requested: TO CITY: TO CONSULTANT: City of Huntington Beach 1,2 ATTN: 5 rEV 4 /4o c-T 2- R P � 2000 Main Street Huntington Beach, CA 92648 C.4 94?14 7- o y77 5�2, - 'fZG - 0g77 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. agree/forms/profsery 10/1 510 1-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 agree/forms/profserv10/15/01-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 10/15/0 1-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 parry'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 subj ect matter hereof. agree/forms/profservl0/15/01-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, ,p CITY OF HUNTINGTON BEACH, tT a municipal corporation of the State of California r C Director 64 Eco 5e v P Af ENT (Pursuant To HBMC§3.03.100) print name ITS: (circle one)Chairma residen ice President JP2,31RDOVEDASTO FORM: AND �� City Att ey By 11-9 U—)RA REVIEWED AND APPROVED: ame ITS: (circle;One Secretary, hief Financial Officer/Asst. Secrctary-Treasurer City administrator (onlyfor;,contra is$50,000.00 and over) agree/forms/profsery 10/15/01-A I 1 EXHIBIT "A" SCOPE OF SERVICES i 1. A Notice of Intent to Appraise will be issued. I 2. The Property Owner is allowed ten days to respond to the Notice of Intent to Appraise. 3. Formal Appraisal Inspection will include the measurement of all buildings and site improvements. 4. The zoning of the subject property, along with development standards, will be determined by contact with the property zoning authority. 5. A Market Research Program will be initiated to locate land sales, improved property sales and rental data, as appropriate, for the application of those conventional valuation methods applicable to subject property in the "before" condition. 6. All market data, (land sales, improved property sales and rental information) will be viewed, photographed and confirmed with a part 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. 7. The valuation analysis will be applied to the subject property by application of the three conventional valuation methods, as applicable: (a) The Sales Comparison Approach, (b) The Cost-Summation Approach, and/or (c) The Income Capitalization Approach. 8. Reconciliation process will generally include the fair market value based on that valuation method (approach) which is supported by the most reliable market data. 9. Appraisal Report — presents relative data, exhibits, the subject property description, and the valuation analysis in a complete, coherent and easy-to- follow sequence. jmp/contracts group/exA/10/14/05 EXHIBIT "B" METHOD OF PAYMENT APPRAISAL FEE SCHEDULE: The fee schedule for professional real estate appraisal services will be based on the following fee structure: The fee structure for real estate appraisal services is as follows: Principal appraiser: $145.00 per hour Senior appraiser: $125.00 per hour Associate appraiser: $100.00 per hour Market researcher: $ 90.00 per hour Note that in the event of litigation, the fee for court and deposition attendance, for the principal appraiser, is $250 per hour with a minimum of two hours. Pretrial and predeposition conferences with the City's attorney or special legal counsel will be based upon the hourly rate of $145; said hourly rate will be assigned for file review, travel time, and additional investigation deemed necessary by the special legal counsel as part of the Litigation.. The foregoing fee structure shall remain constant for a period of one year, after which it may be subject to review for possible adjustment. Further, in the event it is necessary to engage appraisal services for special- ized equipment items or business valuations, it is assumed that the fees for said services will be reimbursed. Client#:46443 RPLAURAI ACORD. CERTIFICATE OF LIABILITY INSURANCE „/ti05 D/YYYY) PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION USVBMI Insurance Services ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE LiC#OD01809 HOLDER.THIS CERTIFICATE DOES NOT AMEND,EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. 29A Technology Drive Irvine,CA 92618 INSURERS AFFORDING COVERAGE NAIC# INSURED INSURER A The Hartford 99999 R.P.Laurain&Associates Inc. INSURER B: Preferred Employers Insurance Co. 10900 3353 Linden Avenue#200 INSURER C: Underwriters at Lloyds,London Long Beach,CA 90807 INSURER D: INSURER E: COVERAGES 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.AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. POLICY EFFECTIVE POLICY EXPIRATION LTR NSR TYPE OF INSURANCE POLICY NUMBER DATE MM/DD DATE MWDD/YY LIMITS A GENERAL LIABILITY 72SBACU6245 02/11/05 02/11/06 EACH OCCURRENCE $1000000 NCOM MERCIAL GENERAL LIABILITY PREMISES(E.DAMAGE TO RENTED $300 000 CLAIMS MADE FE OCCUR MED EXP(Any one person) $10 000 PERSONAL&ADV INJURY $1 000 000 GENERAL AGGREGATE s2,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS-COMP/OP AGG s2,000,000 POLICY El jEa LOC A AUTOMOBILE LIABILITY 72SBACU6245 02/11/05 02M 1/06 COMBINED SINGLE LIMIT 000 X ANY AUTO (Ea accident) $1 ,000 ALL OWNED AUTOS BODILY INJURY X SCHEDULED AUTOS (Per person) $ X HIRED AUTOS BODILY INJURY NON-OWNED AUTOS (Per accident) $ PROPERTY DAMAGE $ (Per accident) GARAGE LIABILITY AUTO ONLY-EA ACCIDENT $ ANY AUTO OTHER THAN EA ACC $ AUTO ONLY: ,AGG $ EXCESS/UMBRELLA LIABILITY EACH OCCURRENCE $ _ OCCUR CLAIMS MADE AGGREGATE $ ]DEDUCTIBLE $ RETENTION $ $ B WORKERS COMPENSATION AND WKN1081975 10/06/05 10/06/06 X WC STATU- OTH- Y F EMPLOYERS'LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE E.L.EACH ACCIDENT $1 OOO UUU OFFICERIMEMBER EXCLUDED? E.L.DISEASE-EA EMPLOYEE $1 00O 000 It yes,describe under SPECIAL PROVISIONS below E.L.DISEASE-POLICY LIMIT $1 000 000 C OTHER Prof.Liab. AHJM042774 12/01/04 12/01/05 $19000,000 DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/EXCLUSIONS ADDED BY ENDORSEMENT/SPECIAL PROVISIONS City of Huntington Beach,its agents,officers and employees are named as pROVED AS TO FORM: Additional Insured. General Liability is primary and Non-Contributory. *10 Day notice applies for nonpayment of premium. / '; — IFER McGRATH,City Attorney CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION City of Huntington Beach DATE THEREOF,THE ISSUING INSURER WILL EftwaW011040 MAIL '4n* DAYS WRITTEN 2000 Main Street NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT Huntington Beach,CA 92648 Attn: Risk Management Division r,li+r AUTHORIZED REPRESENTATIVE �Ck'�" ACORD 25(2001108)1 Of 2 #M321841 CXEJC © ACORD CORPORATION 1988 b INSURED: R.P. LAURAIN & ASSOCIATES, INC. POLICY #: 72SBACU6245 x 113IR HA�'Y`FOR1� • THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - DESIGNATED PERSON OR ORGANIZATION This endorsement modifies insurance provided under the following: 72 SBA CU6245 BUSINESS LIABILITY COVERAGE FORM C. Who is an insured in the BUSINESS For losses covered under the BUSINESS LIABILITY COVERAGE FORM is amended LIABILITY COVERAGE of this policy this to include as an insured the person or insurance is primary to other valid and organization shown in the Declarations but collective insurance which is available to the only with respect to liability arising out of the person or organization shown in the operations of the named Insured. Declarations as an Additional Insured. The City of Huntington Beach, its agents, officers and employees are named as Additional Insured. General Liability policy is primary and non-contributory. PROVED AS TO FO NIFER McGRATH,City Attomey " „iIy PROFESSIONAL SERVICE CONTRACTS Hmnpn Bch® PURCHASING CERTIFICATION 1. Requested by: Steve Holtz, Real Estate Services Manager 2. Date: October 19, 2005 Gam . . 3. Name of consultant: R. P i 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, ❑ No , (sP.7gfdlp)(oogo5Z 7. Company number and object code where funds are budgeted: ��,/� �;� 4-- S 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 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. SRI AARD "Manager 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 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-anraisal.com PO Box 261688 Tim Cullen San Diego, CA 92196 858-586-1191 timcullen(a)naifa.com SS signed;to CC for final approvals 1601 Dove Street,#170 John Donahue Newport Beach, CA 92660 949-760-3166 iohn@donahueco.com 20720 Ventura Blvd.,#240 or John Ellis , Woodland Hills,CA 91364-6264 818-593-7200 Iellis@irr.com 355 So Grand Avenue,#1750 Donald McDougall Los Angeles, CA 90071-1568 213-612-8000 dmcdougall(a)marshall-stevens.com 234 E. 17th Street,#209 James Netzer Costa Mesa, CA 92627 949-574-0261 iamesbnetzer@aol.com 3353 Linden Ave.,#200 Ronald Laurain Long Beach,CA 90807-4503 562-426-0477 rpla.inc(a)verizon.net •