HomeMy WebLinkAbout08 APPRAISAL SERVICES 01-16-01AGENDA R E"-"3 RT
·
NO. 08
01-16-01
MEETING DATE' JANUARY 16, 2001
TO:
WILLIAM A. HUSTON, CITY MANAGER
FROM'
PUBLIC WORKS DEPARTMENT/ENGINEERING DIVISION
SUBJECT'
CONSULTANT SERVICES AGREEMENT FOR RIGHT OF WAY
APPRAISAL SERVICES FOR IRVINE BOULEVARD/NEWPORT AVENUE
INTERSECTION ENHANCEMENT PROJECT (CIP NO. 7118)
I iii ii i i
II I I I I
·
SUMMARY
The Consultant Services .Agreement with The Reliance Group is for preparation of an appraisal
report for the Irvine Boulevard/Newport Avenue Intersection Enhancement Project (CIP 7118)
RECOMMENDATION
It is recommended that the City Council approve the Consultant Services Agreement with The
Reliance Group to prepare an appraisal report for the irvine Boulevard/Newport Avenue
Intersection .Enhancement Project (CIP 7118) for a not-to-exceed fee of $31,100.00 and
authorize execution of the Consultant Services Agreement by the Mayor and City Clerk, subject
to approval by the City Attorney.
FISCAL IMPACT
The Capital Improvement Program budget for FY 2000-2001 has allocated sufficient funds for
these services within the right of way phase of the project. The right of way phase for the Irvine
Boulevard / Newport Avenue Intersection Enhancement Project (CIP 7118) is funded by a
combination of Measure M Competitive Funds and Measure M Turnback Funds.
BACKGROUND
The proposed project consists of improvements to the intersection of Irvine Boulevard and Newport
Avenue from west of Holt Avenue to west of Charloma Avenue along irvine Boulevard, and from
Wass Street to First Street along Newport Avenue. Refer to the attached location map, marked
Exhibit A. Proposed improvements include widening for an additional through lane in each direction
and additional right and left turn lanes. To accommodate the widening, the existing curb will be
moved back on both sides of each street in the range from 8 to 10 feet near the intersection.
The Preliminary Engineering Report was accepted by the City Council on November t, 1999. The
report examined all of the affected properties and estimated the level of property acquisition needed
for the proposed project. The report estimated the proposed project would need right of way from 17
properties. A public scoping meeting was held at which adequate response to public comments was
given. Subsequent meetings were held with some of the affected business owners. As a follow-up in
July 1999, over 100 letters were sent to all surrounding property owners and affected agencies
notifying them of the current status of the proposed project.
Consultant Services Agreement. for Right of Way Appraisal Services for lrvine Boulevard/
Newport Avenue Intersection Enhancement Project (CIP No. 7118)
January 16, 200z
Page 2
An appraisal report for this project was originally a part of the ASL Engineers Consulting Service
Agreement for final design. However, the subconsultant providing this service could not complete
the scope. Thus the scope and cost from the ASL Agreement is being deleted and staff is
recommending that the City contract directly with an appraiser to complete this effort.
DISCUSSION
On October 22, 2000, a Request for Proposal was sent to a total of three (3) Consulting
Appraisers: The Reliance Group, C.R. Wilson and Associates, and Parkcenter Reality Advisors.
The Request for Proposal contained the required work scope for the Appraisal Report. Ali
proposals were received and reviewed in accordance with the City's accepted process and
procedures. The Reliance Group was selected based .upon the qualifications and experience of
their project personnel and demonstrated competence with similar projects. A fair and
reasonable fee has been negotiated. It is recommended that the City Council execute a
Consultant Services Agreement with The Reliance Group to prepare an appraisal report for the
lrvine Boulevard / Newport Avenue Intersection Enhancement Project (CIP 7118) for a not-to-
exceed fee of $31,100.00, subject to approval by the City Attorney.
.,~~im D. Serlet
Director of Public Works/City Engineer
Dana R. Kasdan
Engineering Service Manager
TDS:RS:CSA Rel Group Agenda Item.doc
Attachments:
Exhibit A, Project Location Map
Exhibit B Consulting Service Agreement
,-/
' '~' t~li- ,i --
,~.~'.~' ,1 ~. :[ I.
;fir '~ ';'1'.I '
',;['i{ ~ ,,i',l ,' s
i.' l:::li:i.ilZ
· ;. ,~ ''. .....
' ~ ~- i .'-~-
· . ,..':.:' :!'
',th; .. ~'.,": "~1"",~
. '~:, ,
i~;[ ,:.. :. ~_2~2_~2. :.:.:.. ,'
':,;. C':' ':.~---:, ..~; '/'
r..,,:~. ~
..........
.... ,_..
',~
~.' . :~ , ~
'...
..... ,.,-~., ....., ['~'.
.i.,'~ '.-,. 7 .........
. .,-....:...-;~..~-..~.,:.:
~ :~ ' .:.:.....
· . '~j:q.;:;::;;~[ ..... [i";':';.t:~
I.
' :.;~'~.:...l[h
._
....
"'--,~- [ ........
,.', ~, .::~:C'?:"F":,
.o.'
'; ' ', · -."I ./...' i.z.. ,,..,..-., ,,~ ... ·
.,. ~, , ~ ,,-.,": f.-:' _,:.~ ,., , :.~,
· , ..' ',', ! ~ ~.--.'" .... ~.
,~. - ,~ , ..: / · , .i . , .~.
.. ,.. ...-,~ . .' ~t... ,, , :,. . ~ , ...
-' ...:.. '. ..'...y..,." ,' .,,,q, .:, i." .,:,. 'x,,
.:..,........:!..,,,,~. ,,,.:,. .,~. ...~,.....
· '.':.:..' ,....;?:'"' ,,...(!;.,' ~~~,.. :.:."
~." .' i..;' ' .'?'; :./,..... ,,..,., x,,, ..."-,,,
.. '.,v.. ..~,,,, . :~'. · "~.. - . ~.
~t.~'.'!i':' :.i?' ' ~'' . i "..,",.~"
,'.:~.: ..:.:Z? 2 ',~ * ."~ ,
..:::'i-,/2' '" ~' "'
CONSULTANT SERVICES AGREEMENT
This Agreement for Consultant Services (herein "Agreement"), is made and entered into by and
between the CITY OF TUSTIN, a public body, corporate and politic, ("City"), and The Reliance
Group, a California corporation, ("Consultant").
WHEREAS, Consultant is qualified to provide the necessary services and has agreed to
provide such services; and
WHEREAS, Consultant has submitted to the City a proposal, dated November 2t, 2000, a
copy of which is attached hereto as Exhibit "A", and is by this reference incorporated herein as though
set forth in full hereat (the "Proposal").
NOW, THEREFORE, in consideration of the premises and mutual agreements .contained
herein, City agrees to employ and does hereby employ Consultant and Consultant agrees to provide
consulting services as follows:
1. SERVICES OF CONSULTANT
1.1 Scope of Services. In compliance with all terms and conditions of this
Agreement, Consultant shall provide those services specified in the "Proposal and Scope attached
hereto as Exhibit "A" and incorporated herein by this reference, (the "services" or the "work"). '
Consultant warrants that all services shall be performed in a competent, professional and satisfactory
manner in accordance w/th all standards prevalent in the industry. In the event of any inconsistency
between the terms contained in Exhibit "A" and the terms set forth in the main body of this Agreement,
the terms set forth in the main body of this Agreement and Exhibits B, C, and D shall govern.
1.2 Compliance with Law. All services rendered hereunder shall be provided in
accordance with all laws, ordinances, resolutions, statutes, roles, and regulations of the City of Tustin
and of any federal, state or local governmental agency of competent jurisdiction.
1.3 Licenses and Permits. Consultant shall obtain at its sole cost and expense such
licenses, permits and approvals as may be required by law for the performance of the services required
by this Agreement.
1.4 Familiarity_ with Work. By executing this Contract, Consultant warrants that
Consultant (a) has thoroughly investigated and considered the work to be performed, (b) has
investigated the site of the work and become fully acquainted with the conditions there existing, (c) has
carefully considered how the work should be performed, and (d) fully understands the facilities,
difficulties and restrictions attending performance of the work under this Agreement. Should the
Consultant discover any latent or unknown conditions materially differing from those inherent in the
work or as represented by the City, Consultant shall immediately inform City of such fact and shall not
proceed with any work except at Consultant's risk until written instructions are received from the
Contract Officer.
1.5 Care of Work. Consultant shall adopt and follow reasonable procedures and
methods during the term of the Agreement to prevent loss or damage to materials, papers or other
components of the work, and shall be responsible for all such damage until acceptance of the work by
City, except such loss or damages as may be caused by City's own negligence.
1.6 Additional Services. Consultant shall perform services in addition to those
specified in the Proposal when directed to do so in writing by the Contract Officer, provided that
Consultant shall not be required to perform any additional services without compensation. Any
additional compensation not exceeding ten percent (10%) of the original Contract sum must be
approved in writing by the Contract Officer. Any greater increase must be approved in writing by the
City Manager.
1.7 Special Requirements. Any additional terms and conditions of this Agreement,
are set forth in Exhibits "B", "C", and "D" and are incorporated herein by this reference. In the event,
of a conflict between the provisions of Exhibit "B", "C", and "D" and any other provision or provisions
of this Agreement including Exhibit A, the provisions of Exhibits "B", "C", and "D" shall govern.
2. COMPENSATION
2.1 Compensation of Consultant. For the services rendered pursuant to this
Agreement, the Consultant shall be compensated and reimbursed in an amount.not to exceed $31,100.
2.2 Method of Payment. In any month in which Consultant wishes to receive
payment, Consultant shall no later than the first working day of such month, submit to City in the form
approved by City's Director of Finance, an invoice for services rendered prior to the date of the
invoice. City shall pay Consultant for all expenses stated thereon which are approved by City
consistent with this Agreement, no later than the last working day of said month.
2.3 Changes. In the event any change or changes in the work is requested by City,
the parties hereto shall execute an addendum to this Agreement, setting forth with particularity all
terms of such addendum, including, but not limited to, any additional Consultant's fees. Addenda may
be entered into:
A. To provide for revisions or modifications to documents or other work
product or work when documents or other work product or work is required by the enactment or
revision of law subsequent to the preparation of any documents, other work product or work;
B. To provide for additional services not included in this Agreement or
not customarily furnished in accordance with generally accepted practice in Consultant's profession.
2.4 Payment for Changes. Changes approved pursuant to an Addendum shall be
compensated at the personnel hourly rates prescribed in Exhibit "A" hereto.
,
PERFORMANCE SCHEDULE
3.1
Time of Essence. Time is of the essence in the performance of this Agreement.
3.2 Schedule of Performance. All services rendered pursuant to this Agreement
shall be performed within any time periods prescribed in any Schedule of Performance attached hereto
marked Exhibit "E". The extension of any time period specified in the Exhibit "E" must be approved in
writing by the Contract Officer. The Contract Officer shall not unreasonably withhold consent for an
extension of time which is necessitated solely by the action(s) or inaction(s) of the City on its officers or
employees.
3.3 Force Majeure. The time for performance of services to be rendered pursuant
to this Agreement may be extended because of any delays due to unforeseeable causes beyond the
control and without the fault or negligence of the Consultant, including, but not restricted to, acts of
God or of a public enemy, acts of the government, fires, earthquakes, floods, epidemic, quarantine
restrictions, riots, strikes, freight embargoes, and unusually severe weather if the Consultant shall
within ten (10) days of the commencement of such condition notify the Coritract Officer who shall
thereupon ascertain the facts and the extent of any necessary delay, and extend the time for performing
the services for the period of the enforced delay, when and if in the Contract Officer's judgment such
delay is justified, and the Contract Officer's determination shall be final and conclusive upon the parties
to this Agreement.
3.4 Term. Unless earlier terminated in accordance with Section 7.7 of this
Agreement, this Agreement shall continue in full force' and effect until satisfactory completion of the
services but not exceeding one (1) year from the date hereof, unless extended by mutual written
agreement of the parties.
4. COORDINATION OF WORK
4.1 Representative of Consultant. The following Principal of the Consultant is
hereby designated as being the principal and representative of Consultant aUthorized to act in its behalf
with respect to the work specified herein and make all decisions in connection therewith:
Harry B. Holzhauer, Principal In-Charge
It is expressly understood that the experience, knowledge, capability and
reputation of the foregoing Principal is a substantial inducement for City to enter into this A~eement.
Therefore, the foregoing Principal shall be responsible during the term of this A~eement for directing
all activities of Consultant and devoting sufficient time to personally supervise the services hereunder.
The foregoing Principal may not be changed by Consultant without the express written approval of
City.
4.2 Contract Officer. The Contract Officer shall be the City Engineer unless
otherwise designated in writing by the City'Manager. It shall be the Consultant's responsibility to keep
the Contract Officer fully informed of the progress of the performance of the services and Consultant
shall refer any decisions which must be made by City to the Contract Officer. Unless otherwise
specified herein, any approval of City required hereunder shall mean the approval of the Contract
Officer.
4.3 Prohibition Against Subcontracting or Assignment. The experience,
·
knowledge, capability and reputation of Consultant, its principals and employees were a substantial
inducement for the City to enter into this Agreement. Therefore, Consultant shall not contract with
any other entity to perform in whole or in part the services required hereunder without the express
written approval of the City. In addition, neither this Agreement nor any interest herein may be
assigned or transferred, voluntarily or by operation of law, without the prior written approval of City.
The City shall not unreasonably withhold consent for an assignment to a business entity which succeeds
to the entire assets and operation of the Consultant's business. Reasonable grounds for withholding
such consent shall include, but shall not be limited to, a delay in performance caused by or related to
the assigmuent and/or a proposed change in the Principal designated in Section 4.1 of this Agreement.
4.4 Independent Consultant. Neither the City nor any of its employees shall have
any control over the manner, mode or means by which Consultant, its agents or employees perform the
services required herein, except as otherwise set forth herein. Consultant shall perform all services
required herein as an independent consultant of City and shall remain at all times as to City a wholly
independent consultant with only such obligations as are consistent with that role. Consultant shall not
at any time or in any manner represent that it or any of its agents or employees are agents or employees
of City.
o
INSURANCE, INDEMN~ICATION AND BONDS
5.1 Insurance. Consultant shall procure and maintain, at its cost, and submit
concurrently with its execution of this Agreement, public liability and property damage insurance
against all claims for injuries against persons or damages to property resulting from Consultant's
performance under this Agreement. Consultant shall also carry workers' compensation insurance in
accordance with California workers compensation laws. Such insurance shall be kept in effect during
the term of this Agreemem find shall not be cancelable without thirty (30) days written notice to City of
any proposed Cancellation. The Cit3~s certificate evidencing the foregoing and designating the City of
Tustin (City) as addkional named insureds shall be delivered to and approved by the City prior to
commencement of the services hereunder. The procuring of such insurance and the delivery of policies
or certificates evidencing the same shall not be construed as a limitation of Consultant's obligation to
indemnify the City, its consultants, officers, and employees. The amount of insurance required
hereunder shall include comprehensive general liability, personal injury and automobile liability with
limits of at least One Million Dollars ($1,000,000) combined single limit per occurrence. Coverage
shall be provided by admitted insurers with an A.M. Best's Key Rating of at least AVII.
5.2 Indemnification. The Consultant shall defend, indemnify and hold harmless the
City, City, its officers and employees, from and against any and all actions, suits, proceedings, claims,
demands, losses, costs, and expenses, including legal costs and attorneys' fees, for injury to or death of
person or persons, for damage to property, including property owned by City, negligent acts, and for
errors and omissions committed by Consultant, its officers, employees and agents, arising out of or
related to Consultant's performance under this Agreement, except for such loss as may be caused by
City or City's own negligence or that of its officers or employees.
6. RECORDS AND REPORTS
6.1 Reports. Consultant shall periodically prepare and submit to the Contract
Officer such reports concerning the performance of the services required by this Agreement as the
Contract Officer shall require.
6.2 Records. Consultant shall keep such books and records as shall be necessary
to properly perform the services required by this Agreement and enable the Contract Officer to
evaluate the performance of such services. The Contract Officer shall have full and fi-ee access to such
books and records at all reasonable times, including the fight to inspect, copy, audit and make records
and transcripts from such records.
6.3 Ownership of Documents. All drawings, specifications, repons, records,
documents and other materials prepared by Consultant in the performance of this Agreement shall be
the property of City and shall be delivered to City upon request of the Contract Officer or upon the
termination of this Agreement, and Consultant shall have no claim for further employment or additional
compensation as a result of the exercise by City of its full rights or ownership of the documents and
materials hereunder. Consultant may retain copies of such documents for its own use. Consultant shall
have an unrestricted right to use the concepts embodied therein.
6.4 Release of Documents. All drawings, specifications, reports, records,
documents and other materials prepared by Consultant in the performance of services under this
Agreement shall not be released publicly without the prior written approval of the Contract Officer.
7. ENFORCEMENT OF AGREEMENT
7.1 California Law. This Agreemem shall be construed and interpreted both as to
validity and to performance of the parties in accordance with the laws of the State of California. Legal
actions concerning any dispute, claim or matter arising out of or in relation to this Agreement shall be
instituted in the Superior Court of the County of Orange, State of California, or any other appropriate
court in such count3,, and Consultant covenants and agrees to submit to the personal jurisdiction of
such court in the event of such action.
7.2 Default' In the event that either party fails to perform their obligations under
this Agreementl the injured party shall notify the alleged defaulting party in writing of its contentions.
Within 15 calendar days of the date of the notice, the parties shall meet and confer to resolve the
matter. If the matter is not resolved, either party may terminate as provided in Section 7.6 except that if
the default is an immediate danger to the health, safety and general welfare, the City may take
immediate action under Section 7.6 of this Agreement. Compliance with the provisions of this Section
shall be a condition precedent to any legal action.
7.3 Waiver. No delay or omission in the exercise of any fight or remedy of a non-
defaulting party on any default shall impair such right or remedy or be construed as a waiver. No
consent or approval of City shall be deemed to waive or render unnecessary City's consent to or
approval of any subsequent act of Consultant. Any waiver by either party of any default must be in
writing and shall not be a waiver of any other default concerning the same or any other, provision of this
Agreement.
7.4 Rights and Remedies are Cumulative. Except with respect to fights and
remedies expressly declared to be exclusive in this Agreement, the fights and remedies of the parties
are cumulative and the exercise by either party of' one or more of such rights or remedies shall not.
preclude the exercise by it, at the same or' different times, of any other rights or remedies for the same
default or any other default by the other party.
7.5 Legal Action. In addition to any other rights Or remedies, either party may take
legal action, in law or in equity, to cure, correct or remedy any default, to recover damages for any
default, to compel specific performance of this Agreement, to obtain injunctive relief, a declaratory
judgment or any other remedy consistent with the purposes of this Agreement.
7.6 Termination Prior to Expiration of Term. Both City and consultant each
reserve the right to teiTninate this Agreement at any time, with or without cause, upon thirty (30) days
written notice to the other party, except that where termination is due to the alleged default of the
Consultant or City as appropriate and constitutes an immediate danger to health, safety and general
welfare, the period of notice shall be such shorter time as may be appropriate. Upon receipt of the
notice of tenv. ination, Consultant shall immediately cease all services hereunder except such as may be
specifically approved by the Contract Officer. Consultant shall be entitled to compensation for all
services rendered prior to receipt of the notice of termination and for any services authorized by the
Contract Officer thereafter.
7.7 Termination for Default of Consultant. If termination is due to the failure of
the Consultant to fulfill its obligations under this Agreement, City may take over the work and
prosecute the same to completion by contract or otherwise, and the Consultant shall be liable to the
extent that the total cost for completion of the services required hereunder exceeds the compensation
herein stipulated, provided that the City shall use reasonable efforts to mitigate damages, and City may
withhold any payments to the Consultant for the purpose of set-off or partial payment of the amounts
owed to City.
7.8 Attorneys Fees. If either party commences an action against the other party
arising out of or in connection with this Agreement or it subject matter, the prevailing party shall be
entitled to recover reaSonable attorneys' fees and costs of suit from the losing party.
o
CITY AND CITY OFFICERS AND EMPLOYEES; NON-DISCRIMINATION
8.1 Non-Liability of City Officers and Employees. No officer or employee of City
shall be personally liable to the Consultant, or any successor-in-interest, in the event of any default or
breach by the City or for any amount which may become due to the Consultant or its successor, or for
breach of'any obligation of the terms of this Agreement.
8.2 Covenant Against Discrimination. Consultant covenants that, by and for itself,
its heirs, executors, assigns, and all persons claiming under or through them, that there shall be no
discrimination or segregation in the performance of or in connection with this Agreement regarding any
person or group of persons on account of race, color, creed, religion, sex, marital status, national
origin, or ancestry. Consultant shall take affirmative action to insure that applicants and employees are
treated without regard to their race, color, creed, religion, sex, marital stares, national origin, or
ancestry.
9. MISCELLANEOUS PROVISIONS
9.1 Notice. Any notice, demand, request, consent, approval, or communication
either party desires or is required to give to the other party or any other person shall be in writing and
either served personally or sent by pre-paid, first-class mail to the address set forth below. Either party
may change its address by notifying the other party of the change of address in writing. Notice shall be
deemed communicated forty-eight .(48) hours from the time of mailing if mailed as provided in this
Section.
To City:
CITY OF TUSTIN
300 Centennial Way
Tustin, CA 92780
Attention' Tim D. Serlet
Director of Public Works/City Engineer
To Consultant:
The Reliance Group
1100 Irvine Boulevard # 130
Tustin, Ca 92780
Attn: Harry B Holzhauer
9.2 Integrated Agreement. This Agreemem contains all of the agreemems of the
parties and cannot be amended or modified except by written agreement.
9.3 Amendment. This Agreement may be amended at any time by the mutual
consent of the parties by. an instrument in writing.
9.4 Severability. In the event that any one or more of the phrases, sentences,
clauses, paragraphs, or sections comained in this Agreement shall be declared invalid or unenforceable
by valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability
shall not affect any of the remaining phrases, sentences, clauses, paragraphs, or sections of this
Agreement, which shall be interpreted to carry out the intent of the parties hereunder.
9.5 Corporate Authority. The persons executing this Agreement on behalf of the
parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties
and that by so executing this Agreement the parties hereto are formally bound to the provisions of this
Agreement.
!
below.
IN WITNESS WHEREOF,
the parties have executed this Agreement as of the dates stated
Dated:
"City"
CITY OF TUSTIN
By:
Tracy Wills Worley,
Mayor
APPROVED AS TO FORM:
Lois Jeffrey
City Attorney
"Consultant"
By'
EXHIBIT "A"
PROPOSAL and SCOPE OF SERVICES
Attached hereto are:
1)
Consultant's Proposal
lO
EXHI
BIT "A"
REC,
The
JAN
Sound Answers. Solid Sohttions
Harry B. Holzhauer
:'viAl, SRA
Principal
November 21, 2000
Jim Draughon
Sen/or Project Manager
Community Redevelopment Agency
City of Tustin
300 Centennial Way
Tustin, CA 92780'
VIA FAX: (714) 573-3113
Irvine Boulevard~ewport Avenue Intersection Improvements and
Newport Avenue Extension Project- Phase II, North of Edinger
Dear Mr. Draughon:
I have reviewed the descriptive data that you sent to me regarding the
above captioned properties and considered the time and effort required to
prepare appraisal reports as outlined in your requests for proposals.
I have concluded that I can complete the assignments are as follows:
project 1. Irvine Boulevard/Newport Avenue' Intersection Improvements
$31,100
project 2. Newport Avenue Extension Proiect-Phase II. North of Edinger
$15,550
If both projects are awarded concurrently, a 10% discount will be
given, for a total fee of $42,000.
Fixtures and goodwill appraisals, if needed, will be sub-comracted at a
price to be determined and approved by the City within two weeks of our
primary inspection of the subject properties.
Any meetings or supplemental work after delivery of the reports Mll be
charged at a daily rate of $1,200 (based on 8 hour day). Preparation for
trial or depositions will be charged at the same daily rate of $1,200. Tes-
timony will be at a rate of $225 per hour with a 6-hour minimum, inclu-
sive of travel time. Staff time is at a daily rate of $400. Secretarial costs
are at no charge. The cost for demographic data will. passed through at
cost. Court exhibits prepared by others at the direction of the appraiser
will be passed through at cost plus 15%.
I anticipate delivery within two months of acceptance of this proposal as-
suming that I am notified your decision to proceed by December 15, 2000.
· I look forward to working with you on this assignment
I appreciate your imerest in my services.
Sincerely,,,,w..
Ha, FO'B'. Holzhauer, MA_I, SRA
EXHIBIT "A"
Real Estate Analysts and Consultants
ll0t! ir¥ine Boulevard #130 · Tustin, California 92780 · 714.838.1016
3600 South Harbor Boulevard #488 · Oxnard, Cali£omia 93035 · TEL: 805.984.7398 · FAX- 805.985.8264. ° EMAIL: reliance@gte.net
EXHIBIT "B"
SPECIAL REQUIREMENTS
.
o
,
.
,
o
.
The Consultant shall comply with all applicable federal, state and local laws applicable to its
activities.
The Consultant shall not release to the public or press any information regarding the purpose/scope
of services to be accomplished or data specific to the project required under the Agreement
without prior authorization of the contract officer. All such information is considered confidential.
All inquiries made of Consultant shall be immediately referred to the Contract Officer.
Consultant shall present to the City certificates of insurance and endorsement forms verifying that
the Consultant has the insurance as required by this Agreement. Said form shall be reviewed and
approved by the office of the City Attorney. A certificate of insurance form is attached.
Consultant shall utilize those professional staff members to perfoiTn services as identified in
COnsultant's proposal. No substitution shall be made without the advance written approval of the
Contract Officer. No increase in compensation or reimbursable salary rates will be allowed when
personnel or firm substitutions are authorized by the Contract Officer.
The Consultant shall review and replace project personnel who do not perform assigned duties in a
manner satisfactory to Contract Officer when requested by Contract Officer.
Momhly progress repons shall be submitted by Consultant with billing requests. At minimum these
reports shall specify the period reported, tasks completed, tasks underway, percent of project
completed and strategies to solve any timing delays.
Consultant shall be required to meet with the Contract Officer as determined necessary or desirable
to discuss elements of the Scope of Work and project's pro~ess.
Field Investigation necessary. The Consultant shall obtain all necessary field data and make
investigations and studies necessary to properly accomplish the work required under this
Agreement.
EXHIBIT "C"
SCHEDULE OF COMPENSATION
Compensation
1. · As compensation for the Consultant's services under this Agreement, the City shall pay the
Consultant a not-to-exceed fixed amount of $31,100.
Expense Reimbursement
.
The Consultant's not-to-exceed compensation for services under this Agreement may include
reimbursement for miscellaneous expenses. The City shall reimburse Consultant for direct
expenses such as and including postage, telephone charges and Consultant travel subject to the
following restrictions:
a. Expenses for air travel shall be for standard, economy class only;
b.
Itemized payment statements shall set forth in detail all actual reimbursement expenses
during the preceding month.
·
Compensation for Additional Services
o
In the evem the City requires services in addition to those described in Exhibit A and B, said
services must first be approved in writing by the 'Contract Officer. The Consultant shall be
compensated at the Consultant's standard hourly rates for professional services, plus
reimbursement of'expenses or a fixed amount agreed to in writing by the City and Consultant.
Method of Paymem
.
As a condition precedent to any payment to Consultant under this Agreement, Consultant shall
submit monthly to the City a statement of account which clearly sets forth by dates the designated
items of work, as well as reimbursable expenses, for which the billing is submitted. The payment
request shall identify each task required by the Agreement, percent of completion, amount of actual
reimbursable expenses and requested amount to be billed against each task.
Timing of Payment
.
The City shall review Consultant's monthly statements and pay Consultant for services rendered
and costs incurred hereunder, at the rates and in the amounts provided hereunder, on a monthly
basis in accordance with the approved monthly statements..
12
EXHIBIT "D"
SCHEDULE OF PERFORMANCE
Consultant shall attempt to complete the Scope of Services under this Agreement within 10 weeks of
receipt of a Notice to Proceed. A detailed schedule listing tasks and indicating consultam and City
responsibilities and the planned durations of each task shall be submited within the first two weeks after
Notice to Proceed. After approval by the City, this schedule will be the baseline schedule and the
consultant shall provide to the City written documentation stating reasons for any deviations from the
baseline schedule.
13