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Home My WebLink AboutContracts & Agreements_72-2000_CCv0001.pdf STANDARD AGREEMENT TO FURNISH APPRAISAL CONSULTING SERVICES This Agreement is made and entered into this 5th day of July, 2000 by and between the City of Redlands, a municipal corporation (hereinafter "City") and Smothers Appraisal, (hereinafter "Consultant"). In consideration of the mutual promises, hereinafter set forth, City and Consultant hereby agree as follows: ARTICLE I -.,..ENGAGEMENT OF CONSULTANT 1.1 City hereby engages Consultant, and Consultant hereby accepts the engagement, to perform professional appraisal consulting services ("Services") for the Design of Church Street Widening from Redlands Boulevard to Colton Avenue (the "Project"). 1.2 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 high quality Services for the Project at the level of competency presently maintained by other professional appraisal consultants in the industry providing similar types of services. ARTICLE 2 - SERVICES OF CONSULTANT 2.1 The specific Services which Consultant shall perform are more particularly described in Exhibit "A," entitled "Scope of Work," which is attached hereto and incorporated herein by this reference. ARTICLE 3 - RESPONSIBILITIES OF CITY 3.1 City shall make available to Consultant information in its possession that is pertinent to the performance of Consultant's Services. 3.2 City will provide access to and make provisions for Consultant to enter upon City-owned property or rights-of-way as required by Consultant to perform the Services. 3.3 City designates Tom T. Fujiwara, Assistant Public Works Director, to act as its representative with respect to the Services to be performed under this Agreement. ARTICLE 4 - PERIOD OF SERVICE 4.1 Consultant shall perform the Services in a diligent manner and in accordance with the Project Schedule set forth in Exhibit "B", which is attached hereto and incorporated herein by this reference. ARTICLE 5.- PAYMENTS TO THE CONSULTANT 5.1 The total compensation for Consultant's performance of the Services shall not exceed $25,000 in accordance with Attachment C - Project Fee. City shall pay Consultant on a time and materials basis at the hourly rates described in Exhibit "D" entitled "Rate Schedule," which is attached hereto and incorporated herein by this reference. 5.2 Consultant shall bill City within ten days following the close of each month by submitting an invoice to City indicating the Services performed to date, who performed the Services, indirect costs, and the detailed cost of all Services. Payments by City to Consultant shall be made within 30 days after receipt and approval of Consultant's invoice, by warrant payable to Consultant. 5.3 All notices, shall be made in writing and may be given by personal delivery or by mail. Notices, sent by mail shall be addressed as follows: City Consultant Tom T. Fujiwara. James Smothers Public Works Department Smothers Appraisal 35 Cajon Street, Suite 222 1809 North "D" Street PO Box 3005 San Bernardino CA 92405 Redlands CA 92373 When so addressed, such notices shall be deemed given upon deposit in the United States Mail. In all other instances, notice shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills, and payments are to be given by giving notice pursuant to this paragraph. 2 u ARTICLE 6 - INSURANCE AND INDEMNIFICATION 6.1 Consultant shall maintain worker's compensation insurance and, in addition,shall maintain insurance to protect City from claims for damage due to bodilyinjury,� J Y}personal injury and death, and claims for injury to or destruction of tangible property, while performing the Services required by this Agreement. Consultant shall maintain professional liability insurance in the aggregate amount of $1,000,000 with a minimum of $500,000 per occurrence. Consultant shall provide City with certificates of insurance evidencing such insurance coverage prior to commencing the Services. 6.2 Consultant shall indemnify, hold harmless and defend City and its elected officials, officers, agents and employees from and against all claims, loss, damages, charges or expense, to which it or any of them may be put or subjected to the extent that they arise out of or result from any willful misconduct or negligent acts or omissions on the part of Consultant, its contractors, its suppliers, anyone directly or indirectly employed by any of them or anyone for whose acts or omissions any of them maybe liable in the performance of the Services required by this Agreement. ARTICLE 7 - GENERAL CONSIDERATIONS 7.1 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, be entitled to the recovery of its reasonable attorneys' fees. 7.2 Consultant shall not assign any of the Services required by this Agreement, except with the prior written approval of City and in strict compliance with the terms, provisions and conditions of this Agreement. 7.3 Consultant's key personnel for the Project is James Smothers. Consultant agrees that such key personnel shall be made available and assigned to the Project, and that he shall not be replaced without prior concurrence by City. 7.4 All documents, data, reports and summaries developed by Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City upon 3 i u �4 r 7.4 All documents, data, reports and summaries developed by Consultant pursuant to this Agreement shall become the property of City and shall be delivered to City upon completion of the Services or upon the request of City. Any reuse of such documents for other projects and any use of incomplete documents will be at City's sole risk. 7.5 Consultant is for all purposes an independent contractor. 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 City or engaged by City for the account of or on behalf of City, 7.6 Unless earlier terminated, as provided for below, this Agreement shall terminate upon completion and acceptance by City of the Services. 7.7 This Agreement may be terminated by City, without cause, by providing thirty (30) days prior written notice to Consultant(delivered by certified mail, return receipt requested) of its intent to terminate. 7.8 If this Agreement is terminated by City, an adjustment to Consultant's compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed services, and (2) any payment due Consultant at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Consultant. 7.9 Upon receipt of a termination notice, Consultant shall (1)promptly discontinue all services affected, and(2)deliver or otherwise make available to City, copies(in both hard copy and electronic form, where applicable), of any documents, data, reports, and summaries and such other information and materials as may have been accumulated by Consultant in performing the Services required by this Agreement. 7.10 Consultant shall maintain books and accounts of all Project related payroll costs and all expenses. Such books shall be available at all reasonable times for examination by the City at the office of Consultant. 7.11 This Agreement, including the exhibits incorporated herein by reference, represents the entire agreement and understanding between the parties hereto as to the matters contained herein, and any prior negotiations, proposals or oral agreements are superseded by this Agreement. Any amendment to this Agreement shall be in writing, approved by the City Council of City and signed by City and Consultant. 4 { i 7.12 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 City and Consultant have si ne in confirmation of this Agreement. g d City of Redlands Smothers Appraisal ("City") ("Consultant") Mayor, City of Redlands By. `'''� James Smothers ATTEST: City erk, City o e ands 5 EXHIBIT "A" SCOPE OF WORK SCOPE Oir NV` sxrGA'n0 fart Our ttrt understanding Based le of theassignment, we conduct the sti 'ons as aPPliCs o comply with requirements as iUnifProfessfonaf r rf Proctje PAP. S�� of format selected effects the amount cond=4 the of research detail Presented in the report (verbal or wri as well as the Overall cast and couip"etion tom, #is anticipated the report will not include a Business Valuation, and E uipme�Val ion,F bil ty Analysis,or t S .fie, Fie PHASE I ANALYSn We will PVM a ReiVicred Deport which will co summaries provide of all i forma ion wary to icy with sufficient vol "ern information for initial negotiaticuts yvit the m'o owners. gill be brief,.in order to minirni� costs to p d3' Reliance On the Y is limited to the client and thislevel of your , and completion time. car court, report would not be utilized in deposition P t`ASE II ANALYM This will a Seff C'"4ined report,kaOwn as a fill nurative report,which will till information significant to t assignment. This level of'report the highest tie -roes to `�f sl�i necessary ec�es ifs �" will be appraisals will deposition or court. At the present time,it is�t 0 M how many full ultimately a required, APPRAISAL SEMCU PROMED • Property 0wUW certified letter notification of intent to inspectthe pro ,ifreqmtecL • Inspection of S sl-Photographs. • Meeting Wfth Property Owners on site,ifr steel,' • verification of market data. • • AdministratiolL This proposal indudes initial Mectings m in s, wrth ies, Owners or follow-up Proceedings and/or consultations, depositions and/or witness turte. i EXHIBIT "B" CONSULTING SERVICES PROJECT SCHEDULE PHASE I ANALYSIS; The Phase I analysis and Restricted Report preparation is expected to be completed within four' to five weeks from the date of issuance of the Notice to Proceed, PRASE II ANALYSIS; The time schedule required to complete Phase II Analysis is dependent upon the total number of properties requiring full appraisals, which can only be determined during the property purchase negotiation phase of the project. EXHIBIT "C" CONSULTING SERVICES PROJECT FEE PHASE I ANALYSIS: Not to exceed $5,000. PHASE 11 ANALYSIS: The following schedule reflects full appraisal fee based on the total number of properties requiring full appraisals: Number of Properties RequirinFull Appraisal Appraisal Fee 1 $3,000 2 $4,750 3 $5,880 4 $6,690 5 $7,350 6 $7,930 7 $8,470 8 $8,990 9 $9,500 10 $10,000 11 $10,500 12 $11,000 13 $11,500 14 $12,000 15 $12,500 16 $13,000 17 $13,500 18 $14,000 19 $14,500 20 $15,000 21 $15,500 22 $16,000 23 $16,500 24 $17,000 25 $17,500 26 $18,000 27 $18,500 28 $19,000 29 $19,500 30 $20,000 RE EXHIBIT "D" SMOTHERS A PPRAisAAL. James Smothers,MAI,ASA,SRA RATE SCHEDULE DFSIstF-�-0fl$i) of Cotn�errig� 8esiste fiat ("9)991-1864 s Amsricaa Ssc�s1T sr Appfgiip! $ 15$$ Aana4hea SaasarAppraisal ras wit SIKk - '�i9�v-T�a�tr�a e"}Yri!r4sr.'L"saaaercsilltadwfriel SAA.801i*V W*1WslNfsl �i0aM7Yxt*tiG21ii2 s al Nw7 kkabcr sf eaN rApn��y Geseral iimi Fa�ahppraNtr 90, .Tune 16,2000 Mr. Tom Fujiwarra„ Assistant Public'works Director Cite of Redlands Phone:(909) 798-7653 PO Box 30{}5 Fax: (909) 798-7697 Redlands,CA 92373 Re: Appraisals of 30 Ownerships,for Road Widening Purposes on Church Avenue,from Redlands Boulevard to Colton Avenue Redlands,California Dear Mr. Fujiwara.: As you requested,I am furnishing the following fee schedule: Appraiser $150.00 per hour Associate Appraiser $ 75.00 per hour Field Assistants $ 50.40 per hour Administrative $ 30.40 per hour Negotiations: $ 90.40 per hour Court Appearance, Testimony and/or Depositions: $2.25,00 per hour t(m' *Note,All fees are SUN=to change and afe in addition to expenses,such as trawl and lodging, At1 Ccs musci um hours)ance of � Appearaace.TesthMny anCV�r Depositions paidin If there arc any qucstions,pleasc contact my off" Respectfully Submitted, .lafnes Smothers,MAI,ASA; SRA Certified General Appraiser A0002102 1809 North"D"Street San Bernardino, California 92405