HomeMy WebLinkAboutContracts & Agreements_3-10 RDA_CCv0001.pdf REDEVELOPMENT AGENCY OF TF-IE CITY OF 'DLANDS'
AGREEMENT T WI`T'H BTI APPRAISAL FOR
PROPERTY APPRAISAL SERVICES
This agreement for consulting services("Agreement")is made and entered into this 15ah'day
of June, 2010 ("effective Irate"), by and: between they Redevelopment Agency of the Cite of
Redlands, ('-Agency") and BTI Appraisal,, a California corporation ("Consultant"). Agency and
Consultant are sometimes individually referred to herein as a"Party"and,together,as the"Parti s."
In consideration of the Mutual promises contained herein, Agency and Consultant agree
as follows
ARTICLE 1 -ENGAGEMENT OF CONSULTANT
1.1 Agency hereby engages Consultant to perform appraisal services (the "Services") to
determine the fair market value (as defined by California Code of Civil Procedure section
1263.320(a))and prepare a"written statement of,or summary of,the basis for the appraisal"
to determine the probable amount of compensation as required by Chapter h of the California
Code of Civil Procedure, for Agency's possible acquisition of several properties located it
the City of Redlands(City"),and which are identified as County of San Bernardino Assessor
Parcel Nos. 0171-053-01, 02, 03, 04, 05 & 06 and 0171-251-06, 07 08, 09, 10 (the
"Property"). Consultant shall appraise such parcels "as unaffected by contamination.-
Consultant shall also include within the appraisal reports a statement of appropriate
contingent and limiting conditions, if any. The specific Services to be performed by
Consultant are more particularly described in Consultant's "Scope of Services," which is
attached hereto as Exhibit"A.
1. Consultant shall prepare and deliver to Agency complete appraisal and summary reports in
compliance with the tJniforn-i Standards of Professional Appraisal Practice. Consultant shall
also comply with California law and provide the owners,or designated representatives of the
owners o l theproperty,the opportunity to accompany C'.onsultant during Cons ultant's initial
inspection of the Property:. Consultant shall deliver to Agency five (5) copies of: the
appraisals and the summary reports.
1.3 Consultant's obligation to provide the Services to Agency is personal in nature,and shall not:
be delegated or assigned without Agency's prior written consent.
1.4 The Services shall be performed by Consultant in a professional manner, and Consultant
represents that it has the skill and the professional expertise necessary to provide- the
Services to Agency at a level of competency Presently maintained by ether practicing
professional consultants in the industry providing like and similar types of services.
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L5 Consultant shall comply with all applicable Federal, State and local laws and regulations in
the performance of this Agreement including, but not limited to , the Americans with
Disabilities Act and the Fair Employment and Housing Act.
ARTICLE 2 - RESPONSIBILITIES OF AGENCY
2,1 Agency shall make available to Consultant infortuation in its possession that may assist
Consultant in performing the Services.
22 Agency will make provision, and/or secure permission, for Consultant to enter upon the
Property, as reasonably required by Consultant, to perform the Services.
23 Agency designates its Redevelopment Director,or his designee,as Agency's representative
with respect to Consultant's performance of the Services. The Redevelopment Director shall
have the authority to transmit instructions, receive information, interpret and define
Agency's policies and decisions with respect to performance of the Services.
ARTICLE 3 - PERIOD OF SERVICE
3.1 Consultant shall perform the Services in a prompt and diligent manner and shall complete
the Services within forty-five (45) days from the Effective Date of this Agreement.
Consultant shall commence the Services upon the date of Agency's written notice to proceed
to Consultant. This Agreement will be considered terminated by Agency upon Consultant's
completion of the Services and their acceptance by Agency. Agency assumes no liability for
Services performed or costs incurred prior to the date of the notice to proceed,or subsequent
to this Agreement's termination date,
ARTICLE 4 - PAYMENT AND NOTICE
4,1 The total compensation for Consultant's performance of the Services in Exhibit"A"(Scope
of Work) shall not exceed the amount of Nineteen Thousand (S 19,(00). Agency shall pay
Consultant on a time and materials basis up to the not to exceed amount in accordance with
the rate schedule attached hereto as Exhibit"B." Any additional services beyond those listed
in Exhibit"A" (Scope of Services) requested by City will be billed at the hourly rates in
accordance with Exhibit"B" (Rate Schedule).
42 Payments by Agency to Consultant shall be made within thirty (30)days after receipt and
approval by Agency of Consultant's invoice, by warrant payable to Consultant. Invoices
shall be sent to Agency on a monthly basis, or upon conclusion of the completion of
Exhibit "A ' (Scope of Services),
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4.3 All notices shall be given in writing by personal delivery or by mail. Notices., sent by
United States mail should be addressed as follows:
Agency Oscar Orel
Redevelopment Director/Conununity Development Director
Redevelopment Agency of the City of Redlands
PO Box 3005
Redlands, CA 92373
(909) 798-7598 (Telephone)
(909) 335-4779 (Facsimile)
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Brl Appraisal: Ben F. Turinell, III
605 West Olympic Boulevard
Suite 820
Los Angeles, CA 90015
(213) 532-3800 (Telephone)
(2 13) 532-38017 (Facsimile)
When so addressed, such notices shall be deeiried given upon deposit in the United States Mail.
Changes may be made in the narries and addresses of the person to who notices and payments are
to be given by giving notice pursuant to this section.
ARTICLE 5 - INSURANCE AND fNDEN4NIFICA'FION
5.1 Insurance, generally. All insurance required by this Agreement shall be maintained by
Consultant for the duration of its performance of the Services, Consultant shall not perform
any Services pursuant to this Agreement unless and until all required insurance listed below
is obtained by Consultant. Consultant shall provide Agency with certificates of insurance
and endorsements evidencing such insurance prior to comn-lencement of the Services. All
insurance policies shall include a provision prohibiting cancellation of the policy or
modification of the policy's coverage limits except upon thirty(30)days prior written notice
to Agency.
5.2 Workers' Compensation. Consultant shall secure and maintain Workers' Compensationand
Employer's Liability insurance throughout the duration of its performance of the Services,
in an arnount which meets the statutory requirement with an insurance carrier acceptable to
Agency. The insurance policy shall include a provision prohibiting cancellation of said
policy except upon thirty (3 0) days prior written notice to Agency.
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5.3 flold Harmless and Indemnification. Consultant shall indemnify,held harmless and defend
Agency and its appointed officials, employees and agents from and against any and all
claims,losses or liability,including attorneys' fees,arising from injury or death to persons or
damage to property occasioned by any act, omission or failure to act by Consultant, its
officers,employees and agents in performing the Services:
5.4 Comprehensive General Liability Insurance. Consultant shall secure and maintain in force
throughout the duration of the Agreement comprehensive general liability insurance with
carriers acceptable to Agency. Minimum coverage of One Million Dollars( 1,000,000)per
occurrence and Two Million Dollars ($2,000,0001) aggregate for public liability, property
damage and personal injury is required. Agency shall be named as an additional insured;and
such insurance shall be primary and non---contributing to any insurance or self-insurance
maintained by Agency. Certificates of insurance and endorsements shall be delivered to
Agency prior to commencement of the Services.
5.5 Professional Liability Insurance. Consultant shall secure and maintain professional liability
insurance throughout the duration of this Agreement in the amount of One Million Dollars
($1,000,000)per claim made. A certificate ofinsurance and endorsement shall be delivered
to Agency prior to commencement of the Services.
5.6 Business Auto Liability Insurance. Consultant shall have business auto liability coverage,
with minimum limits of One Million Dollars($1,000,000)per occurrence,combined single
limit for bodily injury liability*and property damage liability.This coverage shall include all
Consultant owned vehicles used on the project,hired and non-owned vehicles,and employee:
non-ownership vehicles. Such insurance shall be primary and non-contributing to any
insurance or self'insurance maintained by Agency. Agency shall be named as an additional
insured and a certificate of liability insurance and endorsement shall be delivered to Agency
prior to commencement of the Services.
ARTICLE 6 - CONFLICTS OF INTEREST
6.1 Consultant covenants and represents that it does not have any investment or interest in
the real property that is the subject of this Agreement or any ether source of income
interest in real property or any investment which would be affected in any manner or
degree by the performance of Consultant's Services. C=onsultant further covenants and
represents that in the performance of its duties.hereunder, no person having any such
interest shall perform.any Services under this.Agreement.
62 Consultant agrees it is not a designated employee within the meaning of the Political
l eforrn Act because Consultant::
A. Does not make or participatein
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G) the making of any enc governmental decisions regarding approval of
rate, rule or regulation, or the adoption or enforcement of laws,
(ii) the issuance, denial suspension or revocationofany Agency perp-its;
licenses, applications, certifications, approvals, orders or simile-
authorizations or entitlements;
(iii) authorizing Agency to enter into, modify or renew a contract;
(iv) granting Agency approval to a contract that requires Agency, approval and
to which Agency is a party. or to the specifications for such a contract;
(v) granting. Agency approval to a plan, design,report, study or similar item;
(vi) Adopting, or granting Agency approval>of, policies,standards or
guidelines for Agency or for any subdivision thereof:
B. Does not serve in a staff capacity with Agency and in that capacity participate in
making a governmental decision or otherwise perform the: same or;substantially all the
same duties for Agency that wouldotherwise be performed by an individual holding a;
position specified in City's Conflict of Interest Code under Government Code section
87302.
h. In the event Agency officially determines that Consultant roust disclose its financial
interests by completing and filing. a,Fair Political Practices Conrrmission Form 700
Statement of Economic Interests, Consultant shall file the subject Forgo 700 with the
Agency Clerk's office pursuant to the written instructions provided by the Office of the:
City Clerk.>
ARTICLE 7`— CONFIDENTIALITY
7.1 Consultant understands and agrees that the. Services, conclusions and appraisal reports'
are confidential in nature. Neither the appraisal reports nor the opinions therein shatI be
disclosed to anyone other than Agency's general counsel or Agency staff assisting;
Agency's counsel. `rhe appraisal reports, together with other documents required by the
Agreement'. shall be submitted to Agency`s general counsel in the same manner as
notices are given pursuant to this Agreement, Consultant understands and agrees that its
duty of confidentiality to the Agency does not end upon on the termination of this
Agreement,
AR,nCLE 8,_GENERAL CONSIDERATIONS
I : TION
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8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions
of this Agreement the prevailing Party shall, In addition to any costs and other relief, b
entitled to the recovery of its reasonable attomeys' fees, including fees for use of in-house
counsel by a Party:
.2 Consultant shall not assign any of the Services to be performed under this Agreement,except
with the prior written approval of Agency and in strict compliance with the terms,provisions
and conditions of this Agreement.
8.3 Copies of all documents, records, drawings, designs, coast estimates, electronic data files,
databases; and other documents developed by Consultant pursuant to this Agreement and
any copyright interest in such documents,shall become the property of Agency and shall be
delivered Agency upon the request of Agency. Any reuse of such documents and any use of
incomplete documents will be at agency's sole risk:.
8.4 Consultant is for all purposes an independent contractor. Consultant shall supply all tools
and instrumentalities required to perforin the Services. All personnel employed b
Consultant are for its account only, and in no event shall Consultant or any personnel
retained by it be deemed to have been employed by Agency or engaged by Agency for the
account of or on behalf"of Agency.
Unless earlier terminated, as provided for below, this Agreement shall terminate upon
completion and acceptance of the Services by Agency.
886 This Agreement may be terminated by Agency, in its sale discretion and without cause, by
providing five (5) business days' prior written notice to Consultant(delivered by certified
mail, return receipt requested)of intent to terminate.
.7 If this Agreement is terminated by Agency,an adjustment to Consuhant's compensation shall
be made,but(l)no amount shall be allowed for anticipated profit or unperformed services,
and:(2)any payment due Consultantat the time of termination may be adjIusted to the extent
of any additional costs to Agency occasioned by any default by Consultant.
8.8 Upon receipt of termination notice. Consultant shall itnniediately discontinue all services
affected, and within five (5) days of the date of the termination notice,deliver or otherwise
male available to Agency,copies(iia bath hard copy and electronic form,where applicable)
of any data.,design calculations,drawings,specifications,reports,estimates,surarnaries and
such other information and materials as may have been accumulated by Consultant in
performing the Services requited by this Agreement. Consultant shall be compensated on a_
pro-rata basis fir work completed up until notice of termination..
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89 Consultant shall maintain books and accounts of all payroll costs and expenses related to the
Services. Such books shall be available at all reasonable tines for examination by Agency at
the office of Consultant.
A0 This Agreement, including the Exhibits incorporated herein by reference, represents the
entire agreenient and understanding between the Parties as to the matters contained herein,
and any prior negotiations, written proposals or verbal agreements relating to Stich utters
are:Superseded by this Agreement. Any arnendment to this Agreement shall be in writing,
approved by Agency and signed by Agency and,Consultant.
8.11 This Agreement shall be governed by and construed in accordance with the laws of the State
of California.
IN WITNESS WHEREOF, duly authorized representatives of the Agency and Consultant
have signed in confirmation of this Agreement.
REDEVELOPMENT AGENCY OF, THE BTI APPRAISAL, A California corporation
OF THE CITY OF REDLAND
B
Pat Gilbreath, Chairperson I,Chairman of BTI Appraisal;
Attest. Attest:
Sam Irwin, ecrct ry Secretar the corporation
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Exhibit "A
Scope of Work
BTI will prepare three separate reports valuing the subject property at fair market value at
its highest and best use under the scenarios listed below. The appraisals will be completed in
compliance with the Uniform Standards of Professional Appraisal Practice, and in accordance
with.Section 33391 of the California Corm-nunity Redevelopment L;aw.
In the first appraisal report BTI will;value all elements of the Redlands Mall, which
includes: the I}v'lall land, building and primary parking leas (surface and parking garage) the out
parcel land and retail building, which consist of APN',s 171-053-01,02,03,K05 & 06- and, the
separate parking lot located opposite the mall on the southeast corner of Citrus Avenue and
Eureka Street, which consist of APN's 171-251-06,07,08_09 & 10;
In the second appraisal report BTI will provide a single value for only the property
owned by G P Redlands Mall LP which is made up of the following;.
A. The mall building and the land beneath the eastern portion of the mall build identified
on the;assessor's reap as APN 171-053-02 plus the surface rights and 40 feet o
airspace occupied by the western portion of the mall building identified on the
assessor's reap as APN 171-053-05.
B. The land and retail building at the southwest comer of Redlands Boulevard and
Orange Street identified on the assessor's neap as APN 171-053-01.
In the third appraisal report BTI will value the Mall land and building only which is
describedas: The mall building and the land beneath the:eastern portion of the mall build
identified on the assessor's map as APN 171-053-02 plus the surface rights and 40 feet of
airspace occupied by the western portion of the mall building identified on the assessor's map a
APN 171-053-05.
Deliver bl s
• B',FI will provide a screencheck draft of the appraisals for review and comment by the
City staff.
• 1 TI will provide an opportunity to discuss theCity's changes., if any, by conference cell.
• I 'I'I will tarn-in five (5 final copies of each appraisal which includes any changes
requested b Cit staff.
1.,Ca',cljmAgycements"kB1 F1 Appr isal.doe
• BTI will also submit an electronic version of the appraisals in Microsoft Word format, or
other word processing application approved by both parties.
• BTI will be available for one closed session meeting with staff and the City Council.
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BTI's fee for the assignment will be fixed at Nineteen Thousand Dollars($19,000)
Delivery of five (5)copies of each appraisal report and an electronic copy-will be delivered
within two to three weeks following our receipt of the City's executed contract for services.
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EXHIBIT "B
TE SCHEDULE
Ben F. Tunnell III,,Chairman $395
John J. Giffe , President $300
William Kasper, Senior Vice President $285
Megan O'Rourke, Vice Chairman $285
Senior Appraiser 27
Appraisers 3
Researchers $150
Administrative/Secretarial
If you wish to name us as an expert witness in pending litigation, and we
accept, we do charge a nonrefundable retainer of 1000 irrespective of any work
being required. Any work performed on the assignment will, however, be billed
against this retainer.
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