HomeMy WebLinkAboutAppraisal Group of the NW LLC AG-C-207 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-207
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter re£en'ed to as "CITY" and
with, Appraisal Group of the Northwest, L.L.C. whose address is 1980 112th Avenue NE Suite
270 Bellevue WA 98004-2940, hereinafter refen'ed to as "CONSULTANT".
In consideration of the covenants and conditions of this Agreement, the parties hereby
agree as follows:
1. SCOPE OF WORK.
The CONSULTANT shall provide to the CITY real property appraisal or appraisal
review services, as directed, in accordance with Washington State Department of Transportation
(WSDOT) and Local Agency Guidelines (LAG), hereby made a part of this contract and
incorporated by this reference as if set forth in full.
The CONSULTANT, on a project basis, will be given individual work task orders for
each appraisal or appraisal review assignments describing the parcels and property rights to be
appraised, completion dates and compensation (see example Exhibit A). An approved work task
order shall be required between the CONSULTANT and the CITY prior to commencing any
work for any individual project. Work task orders shall consist of a complete description of the
actual appraisal or appraisal review work to be completed, compensation and the required time of
completion. The CONSULTANT'S services shall include appraisals or appraisal reviews for
partial and whole property takes, in fee or easement for various city-wide project, including
special benefit studies, and other related appraisal functions.
The CONSULTANT shall provide the CITY with three (3) copies of each appraisal or
appraisal review report as assigned. Such reports shall indicate easement and/or fee values for
each property subject to the assigned work task order. The CITY shall provide preliminary title
reports and right-of-way maps delineating individual parcels for each work task order' assigned
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April 15, 2003
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the CONSULTANT. Each right-of-way map will denote before and atter property acquisition
areas for both easement and/or fee acquisitions.
2. TERM.
Thc CONSULTANT shall not begin any work under this Agreement until authorized in
writing by the CITY. All work under this Agreement shall be completed by December 31, 2003.
The established completion time shall not be extended because of any delays attributable
to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to
the CITY, or because of unavoidable delays caused by an act of GOD or governmental actions or
other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement
issued by the CITY is required to extend the established completion time.
3. COMPENSATION.
The CONSULTANT shall be paid by the CITY for completed services rendered under the
approved individual work task orders for each assignment. Such payment shall be fi~ll
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work. The CONSULTANT shall submit an
itemized bill to the CITY prior to payment.
The CONSULTANT shall be paid by the CITY based upon the fees included on each
individual approved work task order. These fees will be "not to exceed" lump sum figures based
on an hourly rate of $130.00 per hour for a MAI appraiser and $100.00 per hour for an advanced
associate appraiser for appraisal or appraisal review and consulting work. Trial and pre-trial
assignments will be based on an hourly rate off;150.00 per hour for a MAI appraiser and $120.00
per hour for an advanced associate appraiser. Compensation shall include all consultant
expenses including, but not limited to, overhead, profit and direct non-salary costs and shall not
exceed that amount shown on each approved individual work task order for appraisal or appraisal
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April 15, 2OO3
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review services under this contract. The total amount of the Agreement is not to exceed
$50,000.00,
In the event services are required beyond those specified in the Scope of Work, and not
included in the compensation listed in this Agreement, a contract modification shail be
negotiated and approved by the CITY prior to any effort being expended on such services.
4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, technical accuracy,
timely completion and the coordination of ail studies, analysis, designs, drawings, specifications,
reports and other services performed by the CONSULTANT under this Agreement. The
CONSULTANT shall, without additional compensation, correct or revise any errors, omissions
or other deficiencies in its plans, designs, drawings, specifications, reports and other' services
required. The CONSULTANT shall perform its services to conform to generally accepted
professional engineering standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any way relieve: the
CONSULTANT of responsibility for the technical accuracy and adequacy of its services. Except
as otherwise provided herein, neither the CITY'S review, approvai or acceptance of, nor payment
for, any of the services shall be construed to operate as a waiver of any fights under this
Agreement or of any cause of action arising out of the performance of this Agreement to the full
extent of the law.
5. INDEMNIFICATION/HOLD HARMLESS.
The CONSULTANT shall indemnify and hold the CITY and its officers and employees
harmless from and shall process and defend at its own expense all claims, demands, or suits at
law or equity arising in whole or in part from the CONSULTANT'S negligence or breach of any
of its obligations under this Agreement; provided that nothing herein shall require the:
CONSULTANT to indemnify the CITY against and hold harmless the CITY fi'om claims,
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April 15, 2003
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demands or suits based solely upon the conduct of the CITY, their agents, officers .'md employees
and provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the CONSULTANT'S agents or employees and (b) the CITY, their agents,
officers and employees, this indemnity provision with respect to (1) claims or suits based upon
such negligence, (2) the costs to the CITY of defending such claims and suits, etc. shall be valid
and enforceable only to the extent of the CONSULTANT'S negligence or the negligence of the
CONSULTANT'S agents or employees. The provisions of this section shall survive the
expiration or termination of this Agreement.
6. INDEPENDENT CONTRACTOR/ASSIGNMENT.
The parties agree and understand that the CONSULTANT is an independent: contractor
and not the agent or employee of the CITY and that no liability shall .attach to the CITY by
reason of entering into this Agreement except as otherwise provided herein. The parties agree
that this Agreement may not be assigned in whole or in part without the written consent of the
CITY.
7. INSURANCE.
CONSULTANT shall procure and maintain for the duration of this Agreement,
commercial general liability insurance against claims for injuries to persons or damage to
property which may arise from or in conjunction with services provided to the CITY by the
CONSULTANT, its agents, employees or subcontractors, under this Agreement. The
CONSULTANT agrees to provide commercial general liability insurance and shall maintain
liability limits of no less then ONE MILLION DOLLARS ($1,000,000) per occurrence and ONE
MILLION DOLLARS ($1,000,000) general aggregate. The CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aghgregate.
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The general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability arising out of the
services or responsibilities performed by or under obligation of the CONSULTANT under the
terms of this Agreement, by the CONSULTANT, its employees, agents and subconl~ractors.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CYFY, its
Officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, or canceled except w]hen thirty
(30) days prior written notice has been given to the CITY by certified mail return receipt
requested. All insurance shall be obtained fi.om an insurance company authorized to do business
in the State of Washington. The CONSULTANT agrees to provide copies of the certificates of
insurance to the CITY specifying the coverage required by this section within 14 days of the
execution of this Agreement. The CITY reserves the right to require that complete, certified
copies of all required insurance policies be submitted to the CITY at any time. The CITY will
pay no progress payments under Section 3 until the CONSULTANT has fully complied with this
section.
8. NONDISCRIMINATION.
The CONSULTANT may not discriminate regarding any services or activities to which
this Agreement may apply directly or through contractual, hiring, or other arrangements on the
grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of
any sensory, mental or physical handicap.
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9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, doctuments,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to
maintain all books and records relating to its operation and concerning this Agreement for a
period of six (6) years following the date that this Agreement is expired or otherwise: terminated.
The CONSULTANT further agrees that the CITY may inspect any and all documents held by the
CONSULTANT and relating to this Agreement upon good cause at any reasonable hme within
the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
10. CERTIFICATION REGARDING DEBARMENT~ SUSPENSIO1N~ AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge and belief, that
it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
(b) Have not within a three-year period preceding this proposal been convictecl of or had
a civil judgment rendered against them for commission or fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
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April 15, 2003
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falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any of the offenses
enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (federal, state, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
11. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
Upon receipt of a termination notice under the above paragraph, the CONSLYLTANT
shall (1) promptly discontinue all services affected as directed by the written notice, Ired (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such
other information and materials as the CONSULTANT may have accumulated, prepared or
obtained in performing this Agreement, whether completed or in process.
12. GENERAL PROVISIONS.
12.1. This Agreement shall be governed by the laws, regulations and ordinances of the
City of Auburn, the State of Washington, King County, and where applicable, Federal laws.
12.2. All claims, disputes and other matters in question arising out of, or relating to, this
Agreement or the breach hereof, except with respect to claims which have been waiw,'d, will be
decided by a court of competent jurisdiction in King County, Washington. Pending final
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decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
12.3. In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict,
the CONSULTANT shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
12.4. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with respect to
all covenants to this Agreement.
12.5. This Agreement represents the entire and integrated Agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the CONSULTANT.
12.6. Should it become necessary to enforce any term or obligation of this Agreement,
then all costs of enforcement including reasonable attorneys fees and expenses and court costs
shall be paid to the substantially prevailing party.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Jim Price on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
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April 15, 20O3
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City of Auburn
Attn: Scott Nutter, Project Engineer
25 W Main Street
Auburn WA 98001
Phone: 253.804.5068
Fax: 253.931.3053
E-mall: snutter~ci.aubum.wa.us
Appraisal Group of the Northwest., LLC
Atto: Jim Price
1980 112th Avenue NE Suite 270
Bellevue WA 98004-2940
Phone: 425.453.9292
Fax: 425.455.9740
E-mail: jprice~appraisalgroupnw.com
12.10. All notices or communications permitted or required to be given under this
Agreement shall be in writing and shall be delivered in person or deposited in the United States
mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by
certified mail, remm receipt requested, and addressed to the address for the party set forth in
13.9, or if to such other person designated by a party to receive such notice. It is provided,
however, that mailing such notices or communications by certified mail, remm receipt requested
is an option, not a requirement, unless specifically demanded or otherwise agreed.
Any party may change his, her, or its address by giving notice in writing, stating his, her,
or its new address, to any other party, all pursuant to the procedure set forth in this section of the
Agreement.
12.11. This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more counterp,xts have
been signed by each of the parties and delivered to the other party.
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April 15, 2003
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ATTEST:
Danielle E Daskam, C~'~Clerk
CITY~
Peter B Lewis, Mayor
Date ~-'A5>~:7~.-~
APPROVED AS..Tog..~ORM:
APPRAISAL GROUP OF THE NORTHWEST, LLC
Title: ~,,~,,~ ;r-~a.,~_~
Federal Tax ID # ~
File: H:\CONSULTANTSk200T~AGREEMENTS~2003~GC207 AGREEMENT.DOC
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April 15, 2003
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EXHIBIT A
ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT
AGREEMENT #: AG-C-207 TASK #: AGNW-xx-xxx
CONSULTANT: Appraisal Group of the Northwest LLC
PROJECT #: xxxxxxxxxx ~
The general provisions and clauses of the Agreement referenced above shall be in full force
and effect for this Task Assignment.
Location of Project: xxxxxxxxxxxxx
Maximum Amount Payable per this Task Assignment: Sxxx.xx
Completion Date: xxxxxxxx, 2003
Scope of Work:
Time and materials for the appraisal, review, witness, expert needs, and court time in the
condemnation process for the following parcels in accordance with LAG Manual and WSDOT
Highways and Local Programs procedures.
1. Parcel # xxxxxxx
2. ' Parcel # xxxxxxx
APPROVALS
Consultant Project Manager:
Signature:
Agency Project Manager:
Signature:
Agency Mayor:
Date:
Date:
Signature: Date:
Note: If this task order is over $25,000 then it must go before the Public Works Committee an, d City
Council for approval prior to the mayor's signature.
cc: Engineering Aide
Page I of 1
CONSULTANTINVOICES
Consultant invoices should contain the following information:
· On consultant letterhead.
· A cover letter stating the status of each task. This should include items completed,
percent completed during the billing period and completion along with fu,nding
status.
· Internal invoice number and/or sequential numeric number (i.e.: progress payme'nt #
10).
· Invoice date.
· Period of time invoice covers.
· Oonsultant Agreement # (i.e.: AG-O-010).
· Project number(s)listed (i.e.: PR562).
· City's project manager listed.
· The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet
detailing timesheets, or some other form of proof) along with type of work done (i.e.:
design, right-of-way, or construction) or task order number.
· Direct salary (base salaries)
· Indirect salary (benefits)
· Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying),
communication fees (i.e.: telephone), supplies, computer charges, subconsultants),
indirect non-salary (overhead). The City does not pay for consultant meels unless
part of a task requires travel outside of the greater Seattle, Tacoma, and Everett
area. These costs are to be broken down and backup information is to be attached
to invoice. Project managers are to inform consultants as to what is required for
break down information and if backup information is to be attached. Break out the
same for subconsultant charges.
· Previous and remaining base contract amounts left in each task and total contract-
total authorized amount (bottom line figure). Add amendments to this base contract
amount for total authorized amount.
· Percentage of work completed to date compared to total amount of work (if required
by the project manager).
· Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can get an
amendment in place.
· Invoices for previous year is due by January 15ih.
· For grant/special funded projects there might be other special information needed,
reference the LAG manual.
SAMPLE INVOICE
City of Aubum Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn WA 98001 Invoice Date: February 10, 2002
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG-C-010 Project #: PR562
Engineering Services performed during the period of: January 2002
SAMPLE ENGINEERING, INC.
Personnel
Hours
Mike Jones, Principal in Charge 1
Carla Maker, Architect 5
Joe Smith, Word Processin.q 10
Consultant Personnel Sub Total:
Houdy Rate Amount
$125.00 $125.00
$ 72.00 $144.00
$ 48.00 $480.00
$749.00
Expenses (see attached documentation)Char.qes
Mileage ($0.345/mile): 20 miles
Communications: $30.00
PrintinR: $29.00
Consultant Expenses Sub Total:
Multiplier Total
x 1.1 $ 7.59
x1.1 $33.00
x 1.1 $31.90
$72.49
Consultant Total:
$821.49
SUB CONSULTANTS
Subconsultant (see attached documentation) Hours
ABC ENVIRONMENTAL, INC., Civil Engineer 10
ELECTRICAL CONSULTING, Electrical Engineer 5
MECHANICAL SOLUTIONS, Mechanical Engineer 10
MOVING COMPANY, Movin!:l Consultant 2
Subconsultant Sub Total:
x 1.1 Multiplier:
Houdy Rate Amount
$100.00 $1,000.00
$100.00 $ 500.00
$100.00 $1,000.00MRF*
$1oo.oo $ lOO.OO
$2,600.00
$ 26O.00
Subconsultant Total: $2,,860.00
......................................................... ...........' .................................... ............
CONTRACT BREAKDOWN
Amount Pdor This Total Invoiced % % Amount
Task Authorized Invoiced Invoice To Date Expended Completed Remaining
Original
Contract $22,000.00 $1,025.00 $2,681.49 $3,706.49 20% 25% $18,293.51
MRF* $2,500.00 $0.00 $1,000.00 $1,000.00 40% 45% $1,500.00
TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount
of $2,000.00.