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HomeMy WebLinkAboutGranger Company AG-C-102 .4'3.' 1.0'7 2005 AGREEMENT FOR PROFESSIONAL REAL PROPERTY APPRAISAL AND APPRAISAL REVIEW SERVICES AG-C-102 THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and The Granger Company, a Sole Proprietorship, whose address is 7312 Meridian Road SE, Olympia, WA 98513, hereinafter referred 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, which is attached hereto and by this reference made a part of this agreement. 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 projects, including special benefit studies, and other related appraisal functions. --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 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 the CONSULTANT. Each right- of-way map will denote before and after property acquisition areas for both easement and/or fee acquisitions. 2. TERM. The CONSULTANT shall be available on an on-call basis to provide appraisal or appraisal review services described in the above section 1 to the CITY throughout the 2005 calendar year. Appraisal or appraisal review assignments shall commence when individual work task orders are approved between the CONSULTANT and the CITY and upon the CONSULTANT providing a certificate of Insurance to the CITY. Work task orders shall include the number of days each assignment is to be completed, typically within thirty (30) days from the date of the approved individual work task order. 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 full 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 --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 -_.."._~_..- sum figures based on the Fee Schedule outlined in Exhibit B for work performed under this Agreement. Exhibit B is attached hereto and by this reference made a part of this Agreement. 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 review services under this contract. The total amount of the agreement is not to exceed $20,000.00. In the event services beyond those specified in the Scope of Work, and not included in the compensation listed in this agreement are required, a contract modification shall 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 all 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, approval or acceptance of, nor payment for, any of the services shall be construed to operate as a --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 -----...-. waiver of any rights 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. INDEMNIFICATlONlHOLD 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 from claims, demands or suits based solely upon the conduct of the CITY, their agents, officers and 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. --------------------------------------------- Agreement for Professional Services AG-C-102 December 29. 2004 Page 0111 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 ONE MILLION DOLLARS ($1,000,000) aggregate. 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 subcontractors. Both the general liability and professional liability coverage shall provide that the CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, 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 when thirty (30) days prior written notice has been given to the CITY by certified mail return receipt requested. All insurance shall --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 -- be obtained from 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. 9. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all drawings, computer discs, documents, 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 CONSUL TANT 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 time within the six (6) year period. The CONSULTANT also agrees to --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 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, SUSPENSION, AND OTHER RESPONSIBILITY MA TTERS.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 convicted 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, 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. --------------------------------------------- Agreement for Professional Services AG-C-102 December 29. 2004 Page 0111 . ._--_..~._~~- 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 CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (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. --------------------------------------------- Agreement for Professional Services AG-C-1 02 December29.2D04 Page 0111 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 waived, will be decided by a court of competent jurisdiction in King County, Washington. Pending final 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 --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Poge 0111 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 Joseph Granger, SRA, Owner, 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: City of Auburn Granger Company Attn: Scott Nutter Attn: Joseph Granger, SRA 25 W Main Street 7312 Meridian Rd SE Auburn WA 98001 Olympia WA 98513 Phone: 253.804.5068 Phone: 360.459.8203 Fax: 253.931.3053 Fax: 360.459.8203 E-mail: snuttertq>ci.auburn wa.us E-mail: grangercompany@earthlink.net 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, return receipt requested, and addressed to the address for the party set forth in 12.9, 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, return 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 --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 ..-...---.- 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 counterparts have been signed by each of the parties and delivered to the other party. --------------------------------------------- Agreement for Professional Services AG-C-1 02 December 29. 2004 Page 0111 ATTEST: ~! 1J~..I~ Danielle E. Daskam, City Clerk --------------------------------------------- Agreement for Professiona' Services AG-C-1 02 December 29. 2004 Page 0111 Peter B. Lewis, Mayor ,,\V~::>(~-S -- Date BY: THE GRANGER C PANY 'Z~(; ~ oseph Granger, SRA Title: Owner I Sole Procrietor Federal Tax ID #: EXHIBIT A EXAMPLE ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT AGREEMENT#: AG-C-102 TASK NUMBER: TGA-xxxxx-xxx CONSULTANT: The Granaer ComDany PROJ ECT #: )()()()()()()() 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: $xxx.xx Completion Date: xxxxxxxx.2005 Scope of Work: APPROVALS Consultant Project Manager: Signature: Date: Agency Project Manager: Signature: Date: If over $5,000 the Mayor must sign here: Signature: Date: Note: If this task order is over $25,000 then it must go before the Public Works Committee and City Council for approval prior to the mayor's signature. Exhibit A - Example Task Assignment Document Agreement for Professional Services AG-C-1 02 Page of 1 EXHIBIT B FEESCHEDUU; Service Item ~ Appraisal Review "Attendance at Meetings ""Pretrial Work ""Trial Work Employee Rate Per Hour Minimum Per Joseph H. Granger Joseph H. Granger Joseph H. Granger Joseph H. Granger $75.00 $75.00 $75.00 $75.00 $500.00 $150.00 $150.00 $150.00 " Required minimum notice for meeting attendance is one (1) calendar week. "" Required minimum notice for pretrial and trial work is two (2) calendar months. Exhibit B - Fee Schedule Agreement for Professional Services AG-C-102 Page of 1 ~j ~ ~ ~ ~D AMENDMENT #1 TO AGREEMENT NO. AG-C-102 BETWEEN THE CITY OF AUBURN AND THE GRANGER COMPANY RELATING TO ON-CALL PROPERTY APPRAISALS 8~ APPRAISAL REVIEWS THIS AMENDMENT is made and entered into this ~ day of ' wc~ , 20Q~, by and between the CITY OF AUBURN, a municipal corporation of State of ashington {hereinafter referred to as the "CITY"), and THE GRANGER COMP Y (hereinafter referred to as the "CONSULTANT"), as an Amendment to the Agreement between the parties for AG-C-102 executed on the 30th day of January, 2007. The changes to the agreement are described as follows: 1. CONTRACT TERM: The term of the Agreement for Professional Services is extended to December 31, 2008. 2. SCOPE OF WORK: There is no change to the Scope of Work 3. COMPENSATION: There is no change to the amount of Compensation. REMAINING TERMS UNCHANGED: That all other provisions of the Agreement between the parties for AG-C-102 executed on the 30th day of January, 2007, shall remain unchanged, and in full force and effect. IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the day and year first above written. THE GRANGER COMP signature ATTEST (Optional): By: Its: Approved as to form (Optional): Attorney for (Other Party) ATTEST: ' -c__.~ Dan'elle E. Daskam, Auburn City Clerk Apprque~l as~.p form: el B. Held, Auburn City Amendment No. 1 for Agreement No. AG-C-102 The Granger Company Page 1 of 1