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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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Agreement for Professional Services AG-C-1 02
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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
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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.
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Agreement for Professional Services AG-C-1 02
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ATTEST:
~! 1J~..I~
Danielle E. Daskam, City Clerk
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Agreement for Professiona' Services AG-C-1 02
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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
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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
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~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
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