Loading...
1986-1117_VOGT, GARY L._AgreementAGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT is made and entered into this I I day of -)/ 1111bFit 19 by and between the San Juan Capistrano Community Redevelopment Agency, hereinafter referred to as "AGENCY" and GARY L. VOGT, M.A.I., hereinafter referred to as "CONSULTANT". WITNESSETH: WHEREAS, AGENCY requires consulting services for the project described as follows: Update appraisal services for Parcel Nos. 124-160-08, 09, 10, 11 and 27 Appraisal services for Parcel No. 124-160-23 WHEREAS, CONSULTANT represents he/they is duly qualified to provide said service. NOW, THEREFORE, AGENCY and CONSULTANT, for the consideration hereinafter named, agree as follows: SECTION 1. GENERAL The considerations of work on the project shall be governed by the conditions contained herein. In general, the tasks delineated herein are to be performed with mini- mum direction and assistance from AGENCY. SECTION 2. SCOPE OF TASKS BY CONSULTANT Subject to the terms and conditions of this agreement, CONSULTANT shall per- form the tasks as set forth in Exhibit A, attached and incorporated herein by reference. During the performance of the above tasks, CONSULTANT shall have access to existing data in AGENCY files and AGENCY shall provide copies of any such data CONSULTANT requests at no cost to CONSULTANT. ID COMPLETION'GF The services provided under this Agreement shall begin upon execution of this Agreement by all parties. The services provided under this Agreement shall be com- pleted within 60 days of Notice to Proceed. SECTION 4. PAYMENT FOR CONSULTANT'S SERVICES Payments under this Agreement shall be as follows: full payment upon receipt of appraisals. Three (3) copies of itemized bills, clearly indicating the period for which the billing is made, and including dates on which expenses (except costs for reproduction) were incurred, shall be submitted to: City of San Juan Capistrano, 32400 Paseo Adelanto, San Juan Capistrano, CA 92675. Total cost to AGENCY for CONSULTANT'S services shall not exceed $7,000.00 Seven Thousand Dollars and no cents ($7,000.00). SECTION 5. COVENANT AGAINST CONTINGENT FEES CONSULTANT warrants that he has not employed or retained any company or person, other than a bona fide employee working for CONSULTANT, to solicit or secure this Agreement, that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift or any other consideration, contingent upon or resulting from the award or making of this Agree- ment. For breach or violation of this warranty, AGENCY shall have the right to annul this Agreement without liability, or, at its sole discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift or contingent fee. SECTION 6. OWNERSHIP OF DOCUMENTS All tracings, plans, specifications, maps or other documents prepared or obtained under the terms of this Agreement shall be delivered to, and become the property of, CITY, and basic survey notes and sketches, charts, computations and other data prepared or obtained under this Agreement, shall be made available upon request, to AGENCY without restriction or limitation on their use. SECTION 7. CHANGES IN SCOPE OF CONSULTANT'S SERVICES No additional fee shall be paid by included in this Agreement without undertaking such work. In the e CONSULTANT shall have the right to months. SECTION 8. TERMINATION AGENCY for additional consulting services not the written approval of AGENCY prior to vent of suspension of project by AGENCY, renegotiate fees if delay is greater than six (6) AGENCY may, without cause, terminate the Agreement at any time prior to completion by CONSULTANT of any of the services required hereunder. Notice of Termination of this Agreement shall be given in writing to CONSULTANT, and shall be sufficient to complete when same is deposited in the U.S. Mails, First Class postage prepaid. In the event this Agreement is terminated by AGENCY, CONSULTANT shall be 9 f paid the value of services performed by him pursuant to this Agreement prior to the date of termination thereof, such value to be the total to which he shall have become entitled, as determined by the Director of Community Planning and Development, less the amount of any payments previously made, but in no event exceeding the maximum contract amount stated in SECTION 4. SECTION 9. DISPUTES Unless otherwise specified herein, any dispute over a question of fact arising under this Agreement, which cannot be resolved by agreement between the parties, may be, by mutual consent of the parties, submitted to a "Board of Arbitration" consisting of three (3) arbitrators having expertise relating to this contract subject matter, one of whom shall be selected by each of the parties, and the third by the two members selected by the parties. Each of the parties shall pay the member selected by it, and the compensation of the third member shall be paid equally by the parties. The parties shall be bound by the decision of the Board of Arbitration. SECTION 10. INDEMNIFICATION/PROFESSIONAL LIABILITY INSURANCE CONSULTANT shall defend, indemnify and hold harmless AGENCY and its respective officers, employees and agents from any claim, cost, expense or liability arising directly or indirectly from CONSULTANT'S negligent performance of any of the obligations imposed on it pursuant to this Agreement. CONSULTANT shall maintain in full force and effect Professional Errors and Omissions coverage in a minimum amount of Five Hundred Thousand Dollars ($500,000) which said insurance shall name AGENCY and its officers and employees as additional insureds. CONSULTANT shall present to the AGENCY an appropriate certificate of insurance demonstrating coverage as required above, prior to performance under this Agreement. SECTION 11. NO ASSIGNMENTS Neither any part nor all of this Agreement may be assigned or subcontracted, except as otherwise specifically provided herein, or to which AGENCY, in its sole discretion, consents to in advance thereof in writing. Any assignment or subcontracting in violation of this provision shall be void. SECTION 12. ENDORSEMENT ON PLANS, ETC. CONSULTANT shall endorse all plans, data and other documentation submitted to AGENCY pursuant to this Agreement. SECTION 13. MAINTENANCE OF RECORDS CONSULTANT and is subcontractors shall maintain all books, documents, papers, employee time sheets, accounting records and other evidence pertaining to costs incurred and shall make such materials available at their respective offices at all reasonable times during the contract period and for three (3) years from the date of final payment under this Agreement, for inspection by AGENCY and copies thereof shall be furnished, if requested. 3 SECTION 14. INDEPENDENT CONTRACTOR At all times during the term of this Agreement, CONSULTANT shall be an independent contractor and shall not be an employee of AGENCY. AGENCY shall have the right to control CONSULTANT only insofar as the results of CONSULTANT'S services rendered pursuant to this Agreement; however, AGENCY shall not have the right to control the means by which CONSULTANT accomplishes services rendered pursuant to this Agreement. SECTION 15. LICENSES, PERMITS, ETC. CONSULTANT represents and warrants to AGENCY that he has all licenses, permits, qualifications and approvals of whatever nature that are legally required to practice his profession. CONSULTANT represents and warrants to AGENCY that CONSULTANT shall, at his sole cost and expense, keep in effect at all times during the term of this Agreement, any license, permit or approval which is legally required for CONSULTANT to practice his profession. SECTION 16. PUBLIC LIABILITY INSURANCE a) Public Liability During the term of this Agreement, CONSULTANT shall maintain in full force and effect a policy of public liability insurance with minimum coverages as follows: $ 500,000 - Property Damage $ 500,000 - Injury to One Person/Any One Occurrence; and $1,000,000 - Injury to More Than One Person/Any One Occurrence If AGENCY so requests, CONSULTANT shall cause AGENCY to be named as an additional insured on said policy and shall obtain a waiver of the insurer's right of subrogation against AGENCY. b) Worker's Compensation During the term of this Agreement, CONSULTANT shall fully comply with the terms of the laws of California concerning Worker's Compensation. Said com- pliance shall include, but not be limited to, maintaining in full force and effect one or more policies of insurance insuring against any liability CONSULTANT may have for Worker's Compensation. SECTION 17. CONSULTANT NOT AN AGENT Except as AGENCY may specify in writing, CONSULTANT shall have no authority, expressed or implied, to act on behalf of AGENCY in any capacity whatsoever as an agent. CONSULTANT shall have no authority, expressed or implied, pursuant to this Agreement to bind AGENCY to any obligation whatsoever. SECTION 18. PERSONNEL CONSULTANT agrees to assign the following person/persons to perform the tasks set forth in this Agreement: GARY L. VOGT, M.A.I. CONSULTANT shall not unilaterally alter the assignment of the above personnel without the authorization of the Director of Community Planning and Development. AGENCY shall have the unrestricted right to order the removal of any person/persons assigned by CONSULTANT by giving oral or written notice to CONSULTANT to such effect. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first hereinabove written. APPROVED AS TO FORM: CONSULTANT By: GARY L. V T. .A.I. CITY OF SAI. JUAN CAP By: STEPH N B. JULIA XECUTIVE DIRECTOR 5 Exhibit "A" SCOPE OF TASKS CONSULTANT shall prepare an updated narrative valuation appraisal of land and improvements based on the March 26, 1985 appraisal of the following parcels: 124-160-08 124-160-09 124-160-10 124-160-11 124-160-27 CONSULTANT shall prepare a narrative valuation appraisal of land and improvements on Parcel 124-160-23. CONSULTANT shall make personal inspections, if necessary, of the real estate property described above. 0 0 INFINITE IMACYINC, SYSTEMS 2101 1 Moulton 'Paokway, Suite #E-8 4 7 � 4) 47-1. 2777 MEMORANDUM TO: Memo to File FROM: Dawn Marie Schanderl, Records Coordinator DATE: September 9, 1987 SUBJECT: Expiration of Gary L. Vogt Contracts Today, September 9, 1987, 1 spoke to Pat concerning the status of the two Consulta pertaining to AP Nos. 124-160-08, -09, -10, Agreement states that a Notice of Termina when project is done. Ms. David said this ha are completed at this time. a David, Community Development Associate nt Service Contracts with Gary L. Vogt, -11 -27; 124-160-23 and 124-160-17. The tion shall be given in writing to Consultant s not been done and not to worry - contracts 1776 s February 26, 1987 MEMBERS OF THE CITY COUNCIL ANTHONY L. BLAND LAWRENCE F. BUC H HEIM KENNETH E FRIESS GARY L HAUSDORFER PM ILLIP R. SCHWART$E CI -Y MANAGER STEPHEN 8 JULIAN Mr. Gary Vogt, L.M.A.I. 27665 Forbes Road No. C Laguna Niguel, CA 92677-1202 Re: Certificate of Insurance Gentlemen: Thank you for the Certificate of Insurance, which was received by the City in February, 1987. In accordance with your contract, please be advised of the following: (1) Worker's Compensation was not included on the Insurance Certificate. Please forward the corrected Certificate by March 12, 1987. If you have any questions, please contact Dawn Schanderl, Records Coordinator, at (714) 493-1171 extension 244. Thank you for your cooperation. Very truly yours, Mary Ann Hanover, CMC City Clerk MAH/dms 32400 PASEO ADELANTO, SAN JUAN CAPISTRANO. CALIFORNIA 92675 0 (714) 493-1171 CERTIFICATE OF INSURANCE This is to certify that TAT M FIRE AND CASUALTY COMPANY, Bloomlry[c,.n, Illinois ❑ STATE FARM GENERAL INSURANCE COMPANY, Bloomington, Illinois has in force for Address of Pol¢yholder location of operations >Et'7r>.2- R•0' Q�J B'2C-2�-• the following coverages for the periods and limits indicated below POLICY NUMBER TYPE OF INSURANCE POLICY PERIOD Aggregate' (eff.;ex PL Comprehensive BODILY INJURY AND General Liability PROPERTY DAMAGE Each Occurrence $ -14-0i7U y C) C> ❑ Manufacturers' and $ I t;_�.L%_[1_-r— Contractors' Liability Owners', Landlords' and BODILY INJURY Tenants' Liability $ The above insurance includes (applicable It indicated by ®) ❑ PRODUCTS -COMPLETED OPERATIONS ❑ OWNERSOR CONTRACTORS' PROTECTIVE LIABILITY ❑ CONTRACTUAL LIABILITY ❑ BROAD FORM PROPERTY DAMAGE ❑ BROAD FORM COMPREHENSIVE GENERAL LIABILITY POLICY NUMBER TYPE OF INSURANCE I POLICY PERIOD J Watercraft Liability EXCESS LIABILITY ❑ UMBRELLA ❑ OTHER Workman's/Workers' pensation-Coverage A ❑ Employer's Liability -Coverage B LIMITS OF LIABILITY ❑ Dual Limits tor. BODILY INJURY Each Occurrence $ Aggregate $ PROPERTY DAMAGE 'Aggregate not applicable if Owners'. Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED SY ANY POLICY DEr?PRIIBLED HEREIN , EEIN. o -eta Ul � Z 0_044 ne-y _O_, v&,d NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED .a yoD o c7.6 n U.S.A. Rev. 11184 Sign align at r�,,orizetl Representative _ 1 Title Each Occurrence $ Aggregate' $ — Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ -14-0i7U y C) C> Aggregate $ I t;_�.L%_[1_-r— CONTRACTUAL LIABILITY LIMITS (If different than above) BODILY INJURY Each Occurrence $ PROPERTY DAMAGE Each Occurrence $ Aggregate $ ❑ Combined Single Limit for: BODILY INJURY AND PROPERTY DAMAGE Each Occurrence $ Aggregate $ Coverage A STATUTORY Coverage B $ 'Aggregate not applicable if Owners'. Landlords' and Tenants' Liability Insurance excludes structural alterations, new construction or demolition. THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED SY ANY POLICY DEr?PRIIBLED HEREIN , EEIN. o -eta Ul � Z 0_044 ne-y _O_, v&,d NAME AND ADDRESS OF PARTY TO WHOM CERTIFICATE IS ISSUED .a yoD o c7.6 n U.S.A. Rev. 11184 Sign align at r�,,orizetl Representative _ 1 Title PCOLONIAL PENN INSURANCE COMPANY PHILADELPHIA, PA Heal Estate Appraisers Professional Liability Memorandum of Coverage Having Issued Group Policy No. AE0000001 to the TRUSTEES OF THE APPRAISER LIABILITY INSURANCE TRUST Santa Barbara, California (Herein called the "Group Policyholder") insuring members of I hu Alpi'nC.Jn IIII,Illnlu ul IIc.II I tdnlo Alan, u:,rrti Ilio Rucwly of lh,il l 4.0, Apin,rr.rr•. I hu N.ihunal Assoediun of Indupendonl I cc Appraisers HEREBY CERTIFIES that the Member whose name is endorsed hereon (herein individually called the "Named MemberI for whom the required premium has been pard is insured under and subject to all the conditions, limitations and provisions of sa,d pok,z, for the benefits provided herein_ CERTIFICATE OF INSUliANCL NUMBLR APP60000103100 ITEM 1: NAMED MEMBER AND MAILING ADDRESS- VOGT, GARY L. 27665 Forbes Rd., Ste. 206 Laguna Niguel, CA 92677 AGENT NAME AND ADDRESS: Liability Insurance Administrators 26 W. Figueroa Street Santa Barbara, CA 93101 Customer -ID: 103685 -- -- - --- — - - - - --- - ITEM 2: NOTICE PERIOD: From: 11/04/86 To: 11/04/87 12.01 A.M. Standard time at the address of the Named Member as stated herein. FIRST COVERAGE DATE: _1.11$4L86_ 12:01 A.M. Standard Time at the address of the Named Member as stated herein. UNDERWRITTEN BY COLONIAL PENN INSURANCE COMPANY ITEM 3: LIMITS OF LIABILITY: A. EACH CLAIM........................................................................ Is 1,000,000 B. AGGREGATE FOR ALL CLAIMS DURING NOTICE PERIOD.............................................................. $ 1,0009000 ITEM 4: DEDUCTIBLE: AMOUNT TO BE BORNE BY THE NAMED MEMBER FOR EACH CLAIM ............................ $ 1,000 (Deductible is also applicable to Claims expense) ITEM 5: PREMIUM: $ 1, 625.00 + 7. 47 Tax ITEM 6. ENDORSEMENT(S) ATTACHED AT INCEPTION: REA(6/86)PA CPM (2/86) ITEM 7. NOTICE OF CLAIMS SHALL BE SENT TO: Liability Insurance Administrators 26 W. Figueroa Street Santa Barbara, California 93101 ri COVERAGE HEREUNDER IS PROVIDED ON A CLAIMS MADE BASIS. '• r November 12, 1986 1 N E IS S 0 1:: 1:: 1. 1:: E PO L 1. CY S Ji I POL I CY N0: 90 6 H '3 . . III , T -TON IN j1F� m RIC FAREM AMU LAbUALIT EXTENSION CERTIFICATE PREPARE B. INE,S-S-OffICE 90-76-8733 V011T, GARY L M.A.I. L01 0 BUILDING CONTENTS 400 LIABILITY 300 000 MEDICAL PAYMENTS 1000/25000 ANNUAL PREMIUM CA SURCHARGE AMOUNT DUE 7 86+ AGENTCAVI�SS, DIAN AGENT PHONE# 714-631-5530 LOCATION 27665 FORBES RD AC LAGUNA NIGUEL CA NS AND POLUTIONMEXCL:1$250TALLEPERILSAPPLIED: DEDUCTIbLES MAYAPPREFER ` TO POLICY ++EFFECTIVE WITH NEW TERM NFLATION COVERAGE — THE U.S. LABOR EPARTMENT'S CONSUMER PRICE INDEX S 327.5. $150.00 51.08 5151.08 AYMENT EXTENDS POLICY PERIOD TO MAR 26 67 (1) at or from premises owned, rented or occupied by the named insured; (2) at or from any site or location used by or for the named in- sured or others for the handling, storage, disposal, processing or treatment of waste; (3) which are at any time transport- ed, handled, stored, treated, dis- posed of, or processed as waste Thanks for letting us serve you. SEE REVERSE SIDE erations; or (b) if the operations are to test for, monitor, clean up, re- move, contain, treat, detox- ify or neutralize pollutants; b. loss, cost or expense arising out of any governmental direction or request that the named insured test for, monitor, clean up, remove, contain, treat, detox- ify or neutralize pollutants. All other provisions of this policy apply. FE -8395 (8/85) rxwrzo w u s a We will provide the insurance described in this BUSINESS POLICY — SP CIAL' FORM 3 O policy in return for the premium and c fiance Coverage afforded by this policy isLided by with all applicable provisions of this poli STATE FARM FIRE AND LASUALTY COMPANY POLICY NO. 90-76-8733-2 PO BOX 25045,SANTA ANA CA 92799 a Stock Company with Home Offices in Bloomington Illinois, 8284 Named Insured and Mailing Address VOGT, GARY L N.A.I. 27665 FORBES RD IC LAGUNA NIGUEL CA 92677 COVERAGE A - CONSTRUCTION COST INDEX: N/A COVERAGE B - CONSUMER PRICE INDEX: 317.4 THE POLICY PERIOD BEGINS AND ENDS AT NOON Automatic Renewal- If the Policy Period is shown STANDARD TIME AT THE BUILDING LOCATIONS as 12 months, this policy will be renewed auto - 03/26/85 :EFFECTIVE DATE matically subject to the premiums, rules and forms 12 MONTHS :POLICY PERIOD in effect for each succeeding policy period. If this 03/26/86 :EXPIRATION OF POLICY PERIOD policy is terminated, we will give you and the Mortgagee/Lienholder written notice in compliance _ with the policy provisions or as required by law. LIMITS OF LIABILITY PROPERTY -9 COVERAGES {OCCUPANCY:OFFICE SECTION I {LOCATION OF COVERED EXCLUDED A BUILDINGS {27665 FORBES RD IC $ 100000 B BUSINESS PERSONAL {LAGUNA NIGUEL CA PROPERTY { S ACTUAL LOSS C LOSS OF INCOME, { SECTION II S 300,000 L BUSINESS LIABILITY N MEDICAL PAYMENTS { S 1,000 (EACH PERSON) { S 250000 (EACH ACCIDENT) {. --------------------------- DEDUCTIBLES-SECTION --------------------- DEDUCTIBLES -SECTION I { IN CASE OF LOSS $ 250 BASIC ( UNDER THIS POLICY, { { WE COVER ONLY THAT I PART OF THE LOSS { OTHER DEDUCTIBLES,MAY ) OVER THE DEDUCTIBLE{ APPLY -REFER TO POLICY { STATED. { PREMISES ----------------------------- -- - .---.----..---»_--.------�_---�-- a aana >ra w nncrrur