Loading...
HomeMy WebLinkAboutAgenda Report - April 21, 2021 C-15C-15 AGENDA ITEM CITY OF LODI COUNCIL COMMUNICATION TM AGENDA TITLE: Adopt Resolution Authoring City Manager to Execute Amendment No. 3 to Professional Services Agreement with William F. Bambas, MAI, of Stockton, Doing Business as W.F. Bambas Appraisal Company MEETING DATE: April 21, 2021 PREPARED BY: Business Development Manager RECOMMENDED ACTION: Adopt resolution authoring City Manager to execute Amendment No. 3 to professional services agreement with William F. Bambas, MAI, of Stockton, doing business as W.F. Bambas Appraisal Company. BACKGROUND INFORMATION; The City entered into an agreement with W.F. Bambas Appraisal Company in April 2020, to appraise city -owned properties at 2630 S. Stockton Street, 22 E. Locust Street, 273 Culbertson Drive, and S. School Street for the purpose of disposition. In September of 2020, the agreement was amended to include additional city -owned parcels located at Highway 99 Frontage Road, 114 N. Main Street, 18021 N. Kennison Lane, and 17700 N. Guild Avenue for the purpose of disposition. The total contract amount for the original Agreement and the amendment was $18,700, an amount within the City Manager's authorization to contract. City Council approved a second amendment on January 20, 2021 increasing the contract amount to $24,700 for the purpose of appraising properties for the Harmony Homes project. Recently, city staff identified the need for additional appraisal services for 710 N Sacramento Avenue,and requests the contractual preparedness to appraise an additional property should the need arise before the end of the current fiscal year. Staff anticipates preparing an RFP for Real Estate Appraisal Services to obtain appraisals on an on - demand basis which will produce administrative and cost efficiencies. The additional contract request is $6,800 for a not to exceed amount of $31,500. The additional cost to the contract requires City Council approval, FISCAL IMPACT: The current fiscal year operating budget can absorb the additional cost of Amendment No. 3 which is $6,800 for a not to exceed total contract cost of $31,500. FUNDING AVAILABLE: Funding is available in the FY 21 operating budget 10010102.72450. Andrew Keys Andrew Keys Deputy City Manager/internal Services Director Adopt Resolution Authoring City Manager to Execute Amendment No. 3 to Professional Services Agreement with William F Bambas, MAI, of Stockton, Doing Business as W.F. Bambas Appraisal Company April 21, 2021 Page 2 of 2 BA Trupovnieks Astrida Trupovnieks Business Development Manager AMENDMENT NO. 3 TO AGREEMENT FOR PROFESSIONAL SERVICES W.F. BAMBAS APPRAISAL COMPANY THIS AMENDMENT NO. 3 TO PROFESSIONAL SERVCES AGREEMENT, is made and entered this __ day of April, 2021 by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and William F. Bambas, MAI, doing business as W.F. Bambas Appraisal Company, (hereinafter CONTRACTOR). \A/ITN FCSFTH WHEREAS, CONTRACTOR and CITY entered into a Professional Services Agreement on April 9, 2020, Amendment No. 1 on September 23, 2020, and Amendment No. 2 on January 20, 2021 (collectively the "Agreement"), attached hereto as Exhibit 1 and made a part hereof; and WHEREAS, Contractor was retained by the City to provide appraisal services for city -owned real property; and WHEREAS, the City has identified the need for an additional appraisal on one (1) site, and desires to be contractually prepared to obtain one (1) additional appraisal should the unforeseen need arise before the end of the current fiscal year; and WHEREAS, the City desires to expand the Contractor's scope of services for a property which is identified as 710 N Sacramento Street, Lodi, CA and one(1) additional property (at this time the location is unknown) should the need arise before the end of the current fiscal year. NOW, THEREFORE, the parties agree to amend the Agreement to add an additional cost of $6,800 for the expanded scope of services as described above for a total contract amount not to exceed $31,500. IN WITNESS WHEREOF, CITY AND CONTRACTOR have executed this Amendment No. 3 on the date and year first above written. CITY OF LODI, a municipal corporation William F. Bambas, MAI, doing business as W.F. Bambas Appraisal Company STEPHEN SCHWABAUER City Manager ATTEST: JENNIFER CUSMIR City Clerk Approved as to Form: JANICE D. MAGDICH City Attorney jdm William F. Bambas, MAI Sole Proprietor W. F. BAMBAS APPRAISAL COMPANY Real Estate Appraisers • Consultants WILLIAM F. SAMBAS, MAI bambow@ sbcglobal.net Astrida Trupovnieks, MA, MBA March 2, 2021 City of Lodi, Economic Development Office 221 W. Pine Street P.O. Box 3006 Lodi, CA 95241 Subject: Proposal for Appraisal Services Dear Ms. Trupovnieks As requested, I am proposing to prepare a real estate appraisal involving the property at 710 N. Sacramento Street in Lodi, which is identified as San Joaquin County Assessor Parcel Numbers 041-180-09 and 041-190-42. The property ownership is shown as Lague Family LLC; the property is comprised of 1.59 -acres with building and site improvements. It is my understanding that the intended use of the appraisal(s) is to develop a market value opinion as of a current effective valuation date, to assist the City of Lodi with internal planning for potential acquisition of the property. The City of Lodi is the intended userof the appraisal. As a California state licensed appraiser (General Certified), the valuation would be developed and reported in compliance with the 2020-21 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP); in addition to adhering to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. The scope of work would involve appropriate market research and developing all applicable appraisal methodology necessary to produce a credible value opinion, with the results presented in an Appraisal Report, as defined by USPAP (SR -2a). The fee for this appraisal would be $3,400, with delivery to be made on or before March 26, 2021. Payment of the fee is due on appraisal delivery, which is made via electronic transmission. The fee includes up to two hard copies of the report(s), as needed. If this proposal is acceptable, is it my understanding the assignment will be included in our prior Appraisal Services Agreement, as Amended on September 23, 2020. Please advise if my understanding of the assignment is incorrect, or call or email with questions. Again, thank you for considering my firm for this appraisal service. Respectfully, March 11, 2021 Bill Bambas, MAI Astrida Trupovnieks Date W.F. Bambas Appraisal Co. for City of Lodi 2605 Sheridan Way Stockton, California 95207-6650 (209) 478-9204 FAX (209) 952-0837 RESOLUTION NO. 2021- A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM F. BAMBAS, MAI, OF STOCKTON, DOING BUSINESS AS W.F. BAMBAS APPRAISAL COMPANY FOR ADDITIONAL APPRAISAL SERVICES WHEREAS, the City of Lodi entered into a professional services agreement on April 9, 2020, executed Amendment No. 1 on September 23, 2020, and executed Amendment No. 2 on January 21, 2021; and WHEREAS, the City of Lodi entered into Amendments 1 and 2 to prepare for property disposition, and to appraise properties related to the Harmony Homes project; and WHEREAS, Amendment No. 3 is required to increase the contract amount by $6,800 for a total amount of contract not to exceed $31,500 in order to appraise 710 N. Sacramento Street, and to provide for the contractual preparedness to appraise an additional property should the need arise before the end of the current fiscal year; and WHEREAS, Amendment No. 3 will authorize an expanded scope of work to include 710 N Sacramento Street and to manage an additional appraisal should the need arise. NOW, THEREFORE, BE IT RESOLVED, the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to increase the contract amount by $6,800 for a not to exceed contract in the amount of $31,500 as set forth above. Dated: April 21, 2021 ------------------------------------------------------------------ ------------------------------------------------------------------ I hereby certify that Resolution No. 2021-_ was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 21, 2021 by the following votes: AYES: COUNCIL MEMBERS — NOES: COUNCIL MEMBERS — ABSENT: COUNCIL MEMBERS — ABSTAIN: COUNCIL MEMBERS — JENNIFER CUSMIR City Clerk 2021- EXHIBIT 1 AMENDMENT NO. 2 William F, Bambas, MAI AGREEMENT FOR PROFESSIONAL SERVICES THIS AMENDMENT NO. 2 TO PROFESSIONAL SERVICES AGREEMENT, Is made and entered this day of January, 2021 by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and William F. Bambas, MAI, doing business as W,F. Bambas Appraisal Company, (hereinafter CONTRACTOR). WITNESSETH: 1, WHEREAS, CONTRACTOR and CITY entered Into a Professional Services Agreement on April 9, 2020, (the "Agreement"), and Amendment No. 1 on September 23, 2020, collectively attached hereto as Exhibit 1 and made a part hereof; and 2. WHEREAS, Contractor was retained by the City to provide appraisal services for city -owned real property; and 3. WHEREAS, the City has Identified the need for additional appraisals on two separate sites; and 4. WHEREAS, the City desires to expand the Contractor's scope of services for properties which are identlfled as 1) 301 f=ast Lodi Avenue, and 2) 2 East Lodi Avenue, at an additional cost of $6,000, as reflected in the attached proposals dated October 26, 2020 and December 9, 2020, NOW, THEREFORE, the parties agree to amend the Agreement to add an additional cost of $6,000 for the expanded scope of services for a total contract amount not to exceed $24,700. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 2 on the date and year first above written. CITY OF LODI, a municipal corporation STEPH A City Manager f, Attest: I ER C MIR ity Clerk Approved as to Form: Janice D. Magdich JANICE D. MAGDICH City Attorney jdm William F. Bambas, MAI, doing business as W,F. Bambas Appralsal Co. William F. Bambas William F. Bambas, MAI Sole Proprietor W. F. BAMBAS APPRAISAL COMPANY Real Estate Appraisers • Consultants WILLIAM P. BAMBAS, MAI bmnbow a)sbcgIDbal.net Astrlda Trupovnieks, MA, MBA City of Lodi, Economic Development Office 221 W. Pine Street P.O. Box 3006 Lodi, CA 95241 Subject: Proposal for Appraisal Services Dear Ms. Trupovnieks December 9, 2020 As requested, I am proposing to prepare a real estate appraisal involving the property at 2 E. Lodi Avenue, which is also identified as San Joaquin County Assessor Parcel Number 045-310-01. The property owned by the City of Lodi and Is shown at 0.62 -acres with a small building, vacant at present. It Is my understanding that the intended use of the appralsal(s) is to develop a market value opinion as of a current effective valuation date, to assist the City of Lodi with internal asset planning and possible disposition of the property. The City of Lodi is the intended userof the appraisal. As a California state licensed appraiser (General Certified), the valuation would be developed and reported in compliance with the 2020-21 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP); in addition to adhering to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. The scope of work would involve appropriate market research and developing all applicable appraisal methodology necessary to produce a credible value opinion, with the results presented In an Appraisal Report, as defined by USPAP (SR -2a). The fee for this appraisal would be 43,600, with delivery to be made by December 24, 2020. Payment of the fee is due on appraisal delivery, which is made via electronic transmission. The fee Includes up to two hard copies of the report(s), as needed. If this proposal Is acceptable, is it my understanding the assignment will be included in our prior Appraisal Services Agreement, as Amended on September 23, 2020. Please advise if my understanding of the assignment is incorrect, or call or email with questions. Again, thank you for considering my firm for this appraisal service. Respectfully, Bill Bambas, MAI W.F. Bambas Appraisal Co. 5W /214111� _12-10-2020 Astrida Trupovnieks Date for City of Lodi 2605 Sheridan Way Stockfon, Calfornia 95207-6650 (209) 478-9204 rAX (209) 952.0837 W. F. BAMBAS APPRAISAL COMPANY Real Estate Appraisers • Consultants WILLIAM F. BAMons, MAI bamhow(i)sbcglobal.net Astrida Trupovnleks, MA, MBA October 26, 2020 City of Lodi, Economic Development Office 221 W. Pine Street P.O. Box 3006 Lodi, CA 95241 Subject: Proposal for Appraisal Services Dear Ms. Trupovnleks As requested, I am proposing to prepare a real estate appraisal involving the property at 301 E. Lodi Avenue, which is also identified as San Joaquin County Assessor Parcel Number 043-067-16. This is a vacant land parcel shown at 0.24 -acres. It is my understanding that the intended use of the appralsal(s) is to develop a market value opinion as of a current effective valuation date, to assist the City of Lodi with acquisition of the property. The City of Lodi Is the Intended u5erof the appraisal. As a California state licensed appraiser (General Certified), the valuation would be developed and reported In compliance with the 2020-21 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP); In addition to adhering to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. The scope of work would involve appropriate market research and developing all applicable appraisal methodology necessary to produce a credible value opinion, with the results presented In an Appraisal Report, as defined by USPAP (SR -2a), The fee for this appraisal would be $2,400, with delivery anticipated within +/-4 weeks of notice to proceed. Payment of the fee Is due on appraisal delivery, which is made via electronic transmission. The fee includes up to two hard copies of the report(s), as needed. If this proposal Is acceptable, is it my understanding the assignment will be included in our prior Appraisal Services Agreement, as Amended on September 23, 2020. Please advise If my understanding of the assignment is incorrect, or call or email with questions. Again, thank you for considering my firm for this appraisal service. Respectfully, Bill Bambas, MAI W.F. Bambas Appraisal Co, uFr'l Tr"Povilleks 10-28-20 Astrida Trupovnleks Date for City of Lodi 260 Sheridan Way Stockton, California 95307-6650 (209) 478-9204 FAX (209) 952-0837 EXHIBIT 1 AMENDMENT NO, 1 WILLIAM F. SAMBAS, MAI PROFESSIONAL SSRVICES AGREEMENT THIS AME ENT NO, 1 TO PROrF-5510NAL SERVICES AGREEMENT, Is made and entered Ihls day of 2020, by and between the CITY OF LORI, a municipal rorporallon (herelltiafter " ,l'1'Y"j, and WILLIAM r. BAMB3 \G, MAI, rioing buelness as W.F BAMBAS APPRAISAL COMPANY, (hereinafter "CONTRACTOR"), WITNESSETH; 1. WHEREAS, CONTRACTOR and CITY entered Into a Professional Services Agreement on June 13, 2018, (the "Agreement"), as set forth In Exhibit 1, attached hereto and made part of; and 2, WHEREAS, the CITY has Identified the need for additional appraisals on four separate sites; and 3, WHEREAS, THE CITY dealres to expand the CONTRACTOR'S scope of services for properties which are Identified as 1) Highway 99 Frontage Road, 2) 114 N, Main Street, 3) 18021 N, Kennison Lane and 4) 97700 N. Guild Avenue at an additional cost of $9,600 as reflected In the attached proposal dated September 9, 2020; and 4, WHEREAS, THE CITY wishes to extend the term of the contract through June 30, 2021, NOW, THEREFORE, the parties agree to amend the Agreement to extend the term of the Agreement to and Including June 30, 2021, add an additional cost of $9,500 to the contract for a total contract amount not to exceed $18,700, IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Amendment No. 1 on the date and year first above written, CITY OF LODI, a municipal corporation hereinabove called "CITY" Steve Schwabauer STEPHEN SCHWABALIER Approved as to Form; Janice D. Magdlch JANIGE M, MAGDICH, City Attorney )dm WILLIAM F. BAMBAS, MAI, doing business as W,F. BAMBAS APPRAISAL COMPANY hereinabove called "CONTRACTOR" William R Bambas WILLIAM F. BAMBAS, MAI Title; Sole Proprietor W. F. BAMBAS APPRAISAL COMPANY Real Estate Appraisers • Consultants WiLuAm F. BAMBAS, MAI bambow©sboglobal.net Astrlda Trupovnleks, MA, MBA September 6, 2020 City of Lodi, Economic Development Office 221 W, Pine Street P,O. Box 3006 Lodi, CA 95241 Subject; Proposal for Appraisal Services Dear Ms. Trupovnleks As requested, I am proposing to prepare a real estate appraisal Involving four separate properties In or near the City of Lodi Identified In the table below. It Is my understanding that the Intended use of the appralsal(s) Is to develop a market value opinion for each property as of a current effective valuation date, to assist the City of Lodi with Internal planning and administration of real estate assets. The City of Lodi Is the Intended userof the appraisal. As a California state licensed appraiser (General Certified), the valuation would be developed and reported In compliance with the 2020-21 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP); In addition to adhering to the Code of Ethics and Standards of Professional Practice of the Appraisal Institute. The scope of work would Involve appropriate market research and developing all applicable appraisal methodology necessary to produce a credible value opinion, with the results presented In an Appraisal Report, as defined by USPAP (SR -2a). For this appraisal assignment Involving the four separate parcels as Identified, the fee Is allocated as shown In the table. Completlon-delivery Is anticipated at six weeks from notice to proceed. Payment of the fee Is due on appraisal delivery, which Is made via electronic transmission. The fee Includes up to two hard copies of the report(s), as needed. Highway 99 Frontage Road Silver Parcel - Former public right of way City of Lodi $2,500 114 N. Main Street Service warehouse W. Deemer Tr $3,000 18021 N. Kennlson Ln Municipal well site City of Lodi $2,000 17700 N. Guild Ave Municipal well site City of Lodi $2.000 Total Appralsal Fee !9,500 If this proposal Is acceptable, Indicate by signature below and returning a copy to my office at your earllest convenience. Please advise If my understanding of the assignment Is Incorrect, or call or email with questions. Again, thank you for considering my firm for this appraisal service. Respectfully. BIII Bambas, MAI AstrldaTrupovnle s Date W.F. Bambas Appraisal Co. for City of Lodi 2027 Grand Canal Blvd., Suite 33 Stooldon, Cal(fornla 95207-6650 (209) 478-9204 FAX (209) 952-0837 CY-k7do-14 -I— AGREEMENT FOR PROFESSIONAL SERVICES ARTICLE 1 PARTIES AND PURPOSE Section 1.1 Parties THIS AGREEMENT Is entered into on _ Ari` 1 9 2020, by and between the CITY OF LODI, a municipal corporation (hereinafter "CITY"), and William F. Bamboo, MAI doing business as W.F, Bambas Appraisal Co., (hereinafter "CONTRACTOR"), Section 1.2 Purpose CITY selected the CONTRACTOR to provide the services required In accordance with attached Scope of Services, Exhibit A, attached and Incorporated by this reference. CITY wishes to enter Into an agreement with CONTRACTOR for real estate appraisal services Involving four properties owned by the City of Lodi (hereinafter "Project") as set forth In the Scope of Services attached here as Exhibit A. CONTRACTOR acknowledges that It Is qualified to provide such services to CITY. ARTICLE 2 SCOPE OF SERVICES Section 2.1 Scopa of Services CONTRACTOR, for the benefit and at the direcilon of CITY, shall perform the Scope of Services as set forth in Exhibit A, Section 2.2 Time For Commencement and Completion of Work CONTRACTOR shall commence work pursuant to this Agreement, upon receipt of a written notice to proceed from CITY or on the date set forth In Section 2.6, whichever occurs first, and shall perform all services diligently and complete work under this Agreement based on a mutually agreed upon timeline or as otherwise designated In the Scope of Services, CONTRACTOR shall submit to CITY such reports, diagrams, drawings and other work products as may be designated In the Scope of Services. CONTRACTOR shall not be responsible for delays caused by the failure of CITY staff to provide required data or review documents within the appropriate time frames, The review time by CITY and any other agencies involved in the project shall not be counted against CONTRACTOR's contract performance period. Also, any delays due to 1 weather, vandalism, acts of God, etc., shall not be counted. CONTRACTOR shall remain in contact with reviewing agencies and make all efforts to review and return all comments. Section 2.3 Mcrth(I CONTRACTOR shall attend meetings as may be set forth in the Scope of Services. Section 2.4 Staffinsa CONTRACTOR acknowledges that CITY has relied on CONTRACTOR's capabilities and on the qualifications of CONTRACTOR's principals and staff as Identified in its proposal to CITY. The Scope of Services shall be performed by CONTRACTOR, unless agreed to otherwise by CITY in writing. CITY shall be notified by CONTRACTOR of any change of Project Manager and CITY Is granted the right of approval of all original, additlonal and replacement personnel at CITY's sole discretion and shall be notified by CONTRACTOR of any changes of CONTRACTOR's project staff prior to any change. CONTRACTOR represents it Is prepared to and can perform all services within the Scope of Services (Exhibit A) and is prepared to and can perform all services specified therein. CONTRACTOR represents that It has, or will have at the time this Agreement is executed, all licenses, permits, qualifications, insurance and approvals of whatsoever nature are legally required for CONTRACTOR to practice its profession, and that CONTRACTOR shall, at Its own cost and expense, keep in effect during the life of this Agreement all such licenses, permits, qualifications, insurance and approvals, and shall Indemnify, defend and hold harmless CITY against any costs associated with such licenses, permits, qualifications, insurance and approvals which may be Imposed against CITY under this Agreement, Section 2.5 Subcontracts Unless prior written approval of CITY is obtained, CONTRACTOR shall not enter into any subcontract with any other party for purposes of providing any work or services covered by this Agreement. Section 2.6 Term The term of this Agreement commences on March 23, 2020 and terminates upon the completion of the Scope of Services or on June 30, 2020, whichever occurs first, 2 ARTICLE 3 COMPENSATIOIN Section 3.1 Compensation CONTRACTOR's compensation for all work under this Agreement shall conform to the provisions of the Fee Proposal, attached hereto as Exhibit B and Incorporated by this reference. CONTRACTOR shall not undertake any work beyond the scope of this Agreement unless such additional work Is approved in advance and In writing by CITY. Section 3.2 Method of Payment CONTRACTOR shall submit Invoices for completed work on a monthly basis, or as otherwise agreed, providing, without limitation, details as to amount of hours, Individual performing said work, hourly rate, and indicating to what aspect of the Scope of Services said work Is attributable, CONTRACTOR's compensation for all work under this Agreement shall not exceed the amount of the Fee Proposal. Section 3.3 Costs The Fee Proposal shall Include all reimbursable costs required for the performance of the Scope of Services, Payment of additional reimbursable costs considered to be over and above those Inherent In the original Scope of Services shall be approved in advanced and in writing, by CITY. Section 3.4 Anditirng CITY reserves the right to periodically audit all charges made by CONTRACTOR to CITY for services under this Agreement, Upon request, CONTRACTOR agrees to furnish CITY, or a designated representative, with necessary information and assistance needed to conduct such an audit. CONTRACTOR agrees that CITY or Its delegate will have the right to review, obtain and copy all records pertaining to performance of this Agreement. CONTRACTOR agrees to provide CITY or its delegate with any relevant Information requested and shall permit CITY or Its delegate access to Its premises, upon reasonable notice, during normal business hours for the purpose of interviewing employees and Inspecting and copying such books, records, accounts, and other material that may be relevant to a matter under investigation for the purpose of determining compliance with this requirement. CONTRACTOR further agrees to maintain such records for a period of three (3) years after final payment under this Agreement. 3 ARTICLE 4 MISCELLANEOUS PROVISIONS Section 4.1 Nondiscrimination In performing services under this Agreement, CONTRACTOR shall not discriminate in the employment of its employees or in the engagement of any sub CONTRACTOR on the basis of race, color, religion, sex, sexual orientation, marital status, national origin, ancestry, age, or any other criteria prohibited by law. Section 4.2 ADA Corrirr}lanc:e In performing services under this Agreement, CONTRACTOR shall comply with the Americans with Disabilities Act (ADA) of 1880, and all amendments thereto, as well as all applicable regulations and guidelines issued pursuant to the ADA, Section 4.3 indemnification and lies Ponsibility for Darnage CONTRACTOR to the fullest extent permitted by law, shall Indemnify and hold harmless CITY, its elected and appointed officials, directors, officers, employees and volunteers from and against any claims, damages, losses, and expenses (including reasonable attorney's fees and costs), arising out of performance of the services to be performed under this Agreement, provided that any such claim, damage, loss, or expense is caused by the negligent acts, errors or omissions of CONTRACTOR, any subcontractor employed directly by CONTRACTOR, anyone directly or indirectly employed by any of them, or anyone for whose acts they may be liable, except those injuries or damages arising out of the active negligence, sole negligence, or sole willful misconduct of the City of Lodi, its elected and appointed officials, directors, officers, employees and volunteers. CITY may, at Its election, conduct the defense or participate in the defense of any claim related In any way to this indemnlflcation. If CITY chooses at Its own election to conduct its own defense, participate in its own defense, or obtain Independent legal counsel In defense of any claim related to this Indemnification, CONTRACTOR shall pay all of the costs related thereto, including without limitation reasonable attorney fees and costs. The defense and indemnification obligations required by this Agreement are undertaken in addition to, and shall not in any way be limited by the insurance obligations set forth herein. Section 4.4 No Personal y...labilily Neither the City Council, nor any other officer or authorized assistant or agent or City employee shall be personally responsible for any liability arising under this Agreement. 2 Section 4,5 Responsibility of CITY CITY shall not be held responsible for the care or protection of any material or parts of the work described in the Scope of Services prior to final acceptance by CITY, except as expressly provided herein. Section 4.6 Insurance Requirements for CONTRACTOR CONTRACTOR shall take out and maintain during the life of this Agreement, insurance coverage as set forth in Exhibit C attached hereto and incorporated by this reference. Section 4.7 Successors and Ass�i {res CITY and CONTRACTOR each bind themselves, their partners, successors, assigns, and legal representatives to this Agreement without the written consent of the others, CONTRACTOR shall not assign or transfer any interest in this Agreement without the prior written consent of CITY. Consent to any such transfer shall be at the sole discretion of CITY. Section 4.8 Notices Any notice required to be given by the terms of this Agreement shall be in writing signed by an authorized representative of the sender and shall be deemed to have been given when the same Is personally served or upon receipt by express or overnight delivery, postage prepaid, or three (3) days from the time of mailing if sent by first class or certifled mall, postage prepaid, addressed to the respective parties as follows: To CITY: City of Lodi 221 West Pine Street P.O. Box 3006 Lodi, CA 95241-1910 Attn: Business Development Manager To CONTRACTOR: William F. Bambas, MAI W.F. Bambas Appraisal Company 2605 Sheridan Way Stockton, California 95207-6650 Section 4.9 Cooperation of CITY CITY shall cooperate fully and in a timely manner In providing relevant Information it has at its disposal relevant to the Scope of Services. Sectlon 4.10 CONTRACTOR Is Not an Ernploy_ea of CITY CONTRACTOR agrees that In undertaking the duties to be performed under this Agreement, It shall act as an independent contractor for and on behalf of CITY and not an employee of CITY, CITY shall not direct the work and means for accomplishment of 9 the services and work to be performed hereunder. CITY, however, retains the right to require that work performed by CONTRACTOR meet specific standards without regard to the manner and means of accomplishment thereof. Section 4.11 Termination CITY may terminate this Agreement, with or without cause, by giving CONTRACTOR at least ten (10) days written notice. Where phases are anticipated within the Scope of Services, at which an intermediate decision is required concerning whether to proceed further, CITY may terminate at the conclusion of any such phase. Upon termination, CONTRACTOR shall be entitled to payment as set forth in the attached Exhibit B to the extent that the work has been performed. Upon termination, CONTRACTOR shall immediately suspend all work on the Project and deliver any documents or work In progress to CITY. However, CITY shall assume no liability for costs, expenses or lost profits resulting from services not completed or for contracts entered Into by CONTRACTOR with third partles in reliance upon this Agreement. Section 4.12 Confidentiality CONTRACTOR agrees to maintain confidentiality of all work and work products produced under this Agreement, except to the extent otherwise required by law or permitted In writing by CITY. CITY agrees to maintain confidentiality of any documents owned by CONTRACTOR and clearly marked by CONTRACTOR as "Confidential" or "Proprietary", except to the extent otherwise required by law or permitted in writing by CONTRACTOR. CONTRACTOR acknowledges that CITY Is subject to the California Public Records Act. Section 4.13 Applicable Law, Jurlsdi_ctlon Severabillt Land Attoniov,s Fees This Agreement shall be governed by the laws of the State of California. Jurisdiction of litigation arlsing from this Agreement shall be venued with the San Joaquin County Superior Court. If any part of this Agreement is found to conflict with applicable laws, such part shall be inoperative, null, and void insofar as it is In conflict with said laws, but the remainder of this Agreement shall be In force and effect. In the event any dispute between the parties arises under or regarding this Agreement, the prevailing party In any litigation of the dispute shall be entitled to reasonable attorney's fees from the party who does not prevail as determined by the San Joaquin County Superior Court. 6 Section 4A4 City Business License Requirement CONTRACTOR acknowledges that Lodi Municipal Code Section 3,01.020 requires CONTRACTOR to have a city business license and CONTRACTOR agrees to secure such license and pay the appropriate fees prior to performing any work hereunder. Section 4.16 Captions The captions of the sections and subsections of this Agreement are for convenience only and shall pot be deemed to be relevant in resolving any question or Interpretation or Intent hereur der. Section 4.16 integration and Modification I This Agreement represents the entire understanding of CITY and CONTRACTOR as to those matters contained herein. No prior oral or written understanding shall be of Iny force or effect with respect to those matters covered hereunder, This Agreementlmay not be modified or altered except in writing, signed by both parties, Section 4.17 Contract Terms Prevail All exhibits and this Agreement are Intended to be construed as a single document, Should any inconsistency occur between the specific terms of this Agreement and the attached exhibits, the terms of this Agreement shall prevail. Section 4.18 Severability The Invalidity In whole or in part of any provision of this Agreement shall not vold or affect the validity of any other provision of this Agreement. Section 4.19 Ownorshlp of Documents All documents, photographs, reports, analyses, audits, computer media, or other material documents or data, and working papers, whether or not In final form, which have been obtained or prepared under this Agreement, shall be deemed the property of CITY, Upon CITY's request, CONTRACTOR shall allow CITY to inspect all such documents during CONTRACTOR's regular business hours. Upon termination or completion of services under this Agreement, all information collected, work product and documents shall be delivered by CONTRACTOR to CITY within ten (10) calendar days. CITY agrees to indemnify, defend and hold CONTRACTOR harmless from any liability resulting from CITY's use of such documents for any purpose other than the purpose for which they were Intended, 7 Section 4.20 Authority The undersigned hereby represent and warrant that they are authorized by the partles to execute this Agreement. Section 4.21 Federal Transit FunSliiu Ggndlilona, ❑ If the box at left Is checked, the Federal Transit Funding conditions attached as Exhibit D apply to this Agreement. In the event of a conflict between the terms of this Agreement or any of Its other exhlblts, and the Federal Transit Funding Conditions, the Federal Transit Funding Conditions will control. IN WITNESS WHEREOF, CITY and CONTRACTOR have executed this Agreement as of the date first above written. ATTEST: ► sr`s � 61 YV 66-14 APPROVED AS TO FORM: JANICE D. MAODICH, City Attorney By; Janice D. Magdlch CITY OF LODI, a municipal corporation City Manager I Wllllam F. Bamboo, MAI, doing business as W.F. Bamboo Appraisal Co. ayC�� : L� • . AlName: William F. Bambas, MAI Title: Sole Proprietor Attachments: Exhibit A— Scope of Services Exhibit 0 — Fee Proposal Exhibit C — Insurance Requirements Exhibit D - Federal Transit Funding Conditions (If applicable) Funding Source: (Business unit & Account No.) Doc ID; CAiRev.01.1016 0 City of Lodi Appraisal RFP For 2630 S. Stockton Street 22 E. Locust Street 275 Culbertson Drive 219 S. School Street Proposal By W.F. BAMBAS APPRAISAL CO. As Of February 17, 2020 Co_ntm Person Bill Bambas, MAI 2605 Sherldan Way Stockton, CA 95207 office; (209) 478-9204 Mobile: (209) 481-1616 Fax: (209)952-0837 Email: bambow®sbcglobal,net W. F. BAMBAS APPRAISAL COMPANY Real Estate Appraisers - Consultants WILLIAM F. BAMBAa, MAI bambow*boglobal,net Astrida Trupovnleks, MA, MBA February 17, 2020 City of Lodi Economic Development Office 221 W. Pine Street P.O. Box 3006 Lodi, CA 95241 Dear Ms. Trupovnleks, Thank you for the opportunity to consider the City of Lodi's RFP dated December 19, 2019 In regards to real estate appraisal services Involving four properties owned by the City of Lodi as cited below: 2630 S. Stockton Street 22 E. Locust Street 275 Culberson Drive 219 S. School Street Following Is my response to the RFP's Proposed Content, 1-2) It Is my understanding you are seeking a separate market value opinion for each property as of a current effective valuation date, with the Intended use to assist the City with disposition of these real estate assets. As a General Certified appraiser with the State of California, the valuations would be developed In compliance with the 2020-2021 Edition of the Uniform Standards of Professional Appraisal Practice (USPAP), with the results presented In an Appraisal Report, a described in USPAP. The scope of work would employ all appraisal methodology necessary to develope a credible valuation, to Include the Cost, Sales Comparison, or Income Capitalization Approach as appropriate. For those residential land parcels with development potential, a Development (or Subdivision) Approach may be appropriate. As requested, each property would be separately appraised and reported. Typical Information necessary for proper development of the appraisal would include City zoning and General Plan, utility service availability, land entitlements, project maps, flood zone, etc. This would be determined as the appraiser becomes familiar with the properties, W.F. Sambas Appraisal Company would commit sufficient resources to completion of the assignment In a timely manner, assuming all necessary Information Is available without undue delay. 2605 Sheridan Way Stockton, California 95207-66SO (209) 478-9204 email: bambow a@sboglobatner W. F. $AMSAS APPRAISAL COMPANY Real Estate Appraisers • Consultants 3) I, William F. Bambas, MAI, am the owner and principal appraiser for the firm, and would be the sole signature on the appraisals. I have been appraising real property In the greater San Joaquin County region for over 30 -years, with a range of experience as to property and assignment type. See appraiser CV's attached, along with copy of State license. My experience and long-time residence and business practice In San Joaquin County clearly meets/exceeds those requirements of USPAP as to appraiser geographic competency. Also noted Is that I have worked on a contract basis for the City of Lodl on several assignments over many years, most recent for this Department In late 2017 -early 2018 Involving three of the four properties Included In this RFP. 4) William F. Bambas, MAI, would be the "project manager" and primary appraiser. 5) 1 am not aware of any conflict of Interest In regards to this appraisal assignment 6) Appropriate business and professional liability Insurance Is In place. Certifications and/or Declarations can be provided upon awarding of assignment, 7) Given on-going work assignments and continual bidding on new work, my typical time frame for completlon-delivery on a new appraisal assignment (for a single property) runs from 4 to 8 weeks from notice to proceed (NTP). Given four separate appraisals as part of this assignment, timing for completion Is likely +/-8 weeks from notice to proceed (NTP). 8) My fee for the appraisals as proposed Is detailed as follows: 2630 S. Stockton Street $2,800 22 E. Locust Street $2,400 275 Culbertson Drive $2,400 219 S. School Street $1,600 All-lnclusJve Not to Exceed Max Price., $9,200 Thank you again for the opportunity to consider the appraisal assignment. Please call or email if there are questions or If my understanding of the assignment Is Incorrect. Respectfully submitted, Wllllam F. Bambas, MAI 2605 Sheridan Way Stockton, Caltfornla 95207-6650 (209) 478.9204 email. bambow@sbcgloba1.net T0: City Manager FROM: Business Development Manager Date: February 26, 2020 Re: Purchasing Justification I respectfully request entering Into contract with W.F. Bambas Appraisal Company to provide the services described In the attached Statement of Work and Agreement for a not to exceed price of $9,200. Although the RFP for these services was posted on the City's website, and distributed to bidders who receive notifications of bids, only one other bid was received. W.F. Sambas Appraisal Company performed an original appraisal of three of the four proposed sites In 2018. This appraisal will be an update of the original appraisals, A comparison of the two bids Is given below: W.F. Bembas Appraisals Co, 2630 Stockton Street- $2,a0 22 E. Locust Street- $2,400 275 Culbertson Drlve- $ 219 S, School Street- $1. Total- $9,200 Thank you, Signature:'�� J-lu 0 Id,gdldi (SL p 17. 1020 MSO PDT) Email: Jmagdich@lodl.gov Valbridge PmPerty Advisors 2630 Stockton Street- $4,50 22 E. Locust Street- $3,500 275 Culbertson Drive- $4A01 219 S. School Street- $3,000 1 PINS - Lodi Administration Page 1 of 2 W. F. Bambas Appraisal Co. Overall Status: ( APPROVED INFpCONTRACT PROJECT PROJECT NAME DEPARTMENT NAME PROJECT -NUMBER NUMBER STATUS O 011 City Manager's Office Lodi Administration l APPROVED Required Policies % Each Occurrence: $1,000,000 01/1712020 — 01/17/2021 Flre Damage (any one Ore); $300,000 General Liability Policy: 6806P6640862042 Med exp (any one person): $6,000 ( Insurer: �+ ri , „l d , , Uadl Persona v Injury: $1,000,000 APPROVED A ant America General (Aggregale); $2,000,000 - Products-comp/op Agg; $2,000,000 Automobile Liability Agent Excess Workers Compensation Combined Single Limit ([a $1 000,000 01/17/2020 — 01/17/2021 Accident): Policy:6805PBS40852042 Bodily lnjury(Per Personj: $ APPROVED Insurer: Tr_kwblrx® Cnsunllvand 5uraly cn Bodily Injury (Per Accident): $ erlc Properly: $ - - - I'ro{essional/Llablllt 'QV2°t�-10/0312020 9llcy; AAI0D3999.0$ Ar4cilt insvrof: lAscgn AM011enn Iitu Mrdi r,Rm rnny Required Documents User Uploaded Documents I WAIVED WAIVED Limit: $1,000,000 APPROVED https://portal.pinsadvantage.comlinsured/key/YToyOntzOjc6ImNvbXBhbnkiO3M6NToiM,,, 4/7/2020 Signature; ivjzgtN-��TI Email: bamboW@sbcglobahat signature-, Jalel�d /� - "", -. - - . Sig -nature, 4'.., 1? C!,. I wt.v..d. i 1 '1-11 .0 If I I P'll I1 ,a, '9.1[-,-„'7.,, ” I,7.,,"" - Email.- jmagdlch@todi.gov Email: sschwabauer@lodl,gov RESOLUTION NO. 2021-105 A RESOLUTION OF THE LODI CITY COUNCIL AUTHORIZING THE CITY MANAGER TO EXECUTE AMENDMENT NO. 3 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WILLIAM F. BAMBAS, MAI, OF STOCKTON, DOING BUSINESS AS W.F. BAMBAS APPRAISAL COMPANY, FOR ADDITIONAL APPRAISAL SERVICES WHEREAS, the City of Lodi entered into a Professional Services Agreement on April 9, 2020, executed Amendment No. 1 on September 23, 2020, and executed Amendment No. 2 on January 21, 2021; and WHEREAS, the City of Lodi entered into Amendments No. 1 and No. 2 to prepare for property disposition and to appraise properties related to the Harmony Homes project; and WHEREAS, Amendment No. 3 is required to increase the contract amount by $6,800, for a total contract amount not to exceed $31,500 in order to appraise 710 North Sacramento Street, and to provide for the contractual preparedness to appraise an additional property, should the need arise before the end of the current fiscal year; and WHEREAS, Amendment No. 3 will authorize an expanded scope of work to include 710 North Sacramento Street and to manage an additional appraisal, should the need arise. NOW, THEREFORE, BE IT RESOLVED that the Lodi City Council does hereby authorize the City Manager to execute Amendment No. 3 to the Professional Services Agreement with William F. Bambas, MAI, of Stockton, California, doing business as W.F. Bambas Appraisal Company, to increase the contract amount by $6,800 for a not -to -exceed contract in the amount of $31,500, as set forth above; and BE IT FURTHER RESOLVED, pursuant to Section 6.3q of the City Council Protocol Manual (adopted 11/6/19, Resolution No. 2019-223), the City Attorney is hereby authorized to make minor revisions to the above -referenced document(s) that do not alter the compensation or term, and to make clerical corrections as necessary. Dated: April 21, 2021 ------------------------------------------------------------------------ ------------------------------------------------------------------------ I hereby certify that Resolution No. 2021-105 was passed and adopted by the City Council of the City of Lodi in a regular meeting held April 21, 2021 by the following votes: AYES: COUNCIL MEMBERS — Chandler, Hothi, Khan, Kuehne, and Mayor Nakanishi NOES: COUNCIL MEMBERS — None ABSENT: COUNCIL MEMBERS — None ABSTAIN: COUNCIL MEMBERS — None NNIFER C SMIR City Clerk 2021-105