HomeMy WebLinkAboutAppr Group of the NW AG-C-207
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2005 AGREEMENT FOR PROFESSIONAL REAL PROPERTY APPRAISAL AND
APPRAISAL REVIEW SERVICES
AG-C-207
THIS AGREEMENT made and entered into by and between the CITY OF
AUBURN, a Municipal Corporation in King County, Washington. hereinaftør referred 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 n3ferred 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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Agreement for Professional Services AG-C-207
December 29, 2004
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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 orde,r. 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 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 partDf this
Agreement. Compensation shall include all consultant expenses including, but not
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Agreement for Professional Services AG-C-207
December 29, 2004
Page 2 of 11
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 E3xceed
$20,000.00.
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
shall be negotiated and approved by the CITY prior to any effort being exp,snded 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, dE¡signs,
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 CONSUI_ TANT 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
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.
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Agreement for Professional Services AG-C-207
December 29, 2004
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5. INDEMNIFICATION/HOLD HARMLESS,
The CONSULTANT shall indemnify and hold the CITY and its officE!rs 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 G aims 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 ne~lligence, (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 ne,gligence 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 IX 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 Agneement.
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Agreement for Professional Services AG-C-207
December 29,2004
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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) aggregate.
The general liability coverage shall also provide that the CITY, its oflficers,
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 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 thaI! 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.
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Agreement for Professional Services AG-C-207
December 29, 2004
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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 disc:s,
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 }\,greement 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 (~j) 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
time 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.
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Agreement for Professional Services AG-C-207
December 29, 2004
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10. CERTIFICATION REGARDING DEBARMENT. SUSPENSION, AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSAC1l0NS.
The prospective primary participant certifies to the best of its knowlHdge 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 Of' 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 Of' 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 alny 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 e!xplanation
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
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Agreement for Professional Services AG-C-207
December 29,2004
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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 direclted 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.
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.
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Agreement for Professional Services AG-C-207
December 29, 2004
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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 fe¡es 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 aws
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 I)f 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
Attn: Scott Nutter, Project Engineer
25 W Main Street
Auburn WA 98001
Phone: 253.804.5068
Fax: 253.931.3053
E-mail: snutter@cLauburn.wa.us
Appraisal Group of the Northwest, LLC
Attn: Jim Price
1980 11ih Avenue NE Suite! 270
Bellevue W A 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 givHn 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
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Agreement for Professional Services AG-C-207
December 29, 2004
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communications by certified mail, return receipt requested is an option, noli 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, Eiach 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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ATTEST:
~~~
Oanielle E. Daskam, City Clerk
Date /-
.
APPRAISAL GROUP OF THE NORTHWEST, LLC
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BY:
Title:
federal Tax ID #
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Agreement for Professional Services AG-C-207
December 29,2004
Page 10 of 11
EXHIBIT A
ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT
AGREEMENT #: AG-C-207
TASK #: AGNW-xxxx-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: $xxx.xx
Completion Date: xxxxxxxx. 2005
Scope of Work:
APPROVALS
Consultant Project Manager:
Signature:
Date:
Agency Project Manager:
Signature:
Date:
Agency Mayor:
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-207
Page 1 of 1
EXHIBIT B
FEE SCHEDULE
Unimproved Land - Summary Report (Before & After Valuation)...........$1 ,500 to $3,000
Improved Residential Property....................................................................... $~jOO - $900
Improved Residential Property (Before & After Valuation)....................... $1,000 - $1,500
Improved Commercial and Industrial Properties - Summary Report....... $2,000 - $4,000
Improved Commercial and Industrial Properties (Before & After)............ $2,500 - $4,500
Multi-Family Residential- Summary........................................................... $8010 - $3,500
Appraisal Review (MAl).................................................................................. $~iOO - $700
Hourlv Rates:
MAl Appraiser.............$150 per hour
Senior Appraiser.........$100 -120 per hour
Associate Appraiser.... $60 - $90 per hour
Exhibit B - Fee Schedule
Agreement for Professional Services AG-C-207
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CONSULTANT INVOICES
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 funding
status.
· Internal invoice number and/or sequential numeric number (i.e.: progress payment #
10).
· Invoice date.
· Period of time invoice covers.
· Consultant Agreement # (Le.: AG-C-010).
· Project number(s) listed (Le.: PR562).
· City's project manager listed.
· The hour(s) per person broken down by task(s) (attach timesheets, sprEiadsheet
detailing timesheets, or some other form of proof) along with type of wOI"k done (Le.:
design, right-of-way, or construction) or task order number.
· Direct salary (base salaries)
· Indirect salary (benefits)
· Direct non-salary (Le.: mileage, reproduction fees (i.e.: printing, copying),
communication fees (Le.: telephone), supplies, computer charges, sUbconsultants),
indirect non-salary (overhead). The City does not pay for consultant meals unless
part of a task requires travel outside of the greater Seattle, Tacoma, ancl 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) (Le.: a certain task) until WE! can get an
amendment in place.
· Invoices for previous year is due by January 15th.
· For grant/special funded projects there might be other special information needed,
reference the LAG manual.
Consultant Invoices
Agreement for Professional Services AG-C-207
Page 1 of 2
__On __ _~. __._._____~__________.._
SAMPLE INVOICE
City of Auburn Invoice #: 5222
25 West Main Progress Payment #: 2
Auburn WA 98001 Invoice Date: February 10. 2004
Attn: Scott Nutter (Project Engineer) Project Name: Thomas Nelson Farm
Agency Agreement #: AG-C-001 Project #: PR562
Engineering Services performed during the period of: January 2004
SAMPLE ENGINEERING, INC.
Personnel
Mike Jones, Principal in Charge
Carla Maker, Architect
Joe Smith. Word Processino
Consultant Personnel Sub Total:
Hours
1
5
10
Hourlv Rate
$125.00
$ 72.00
$ 48.00
Amount
$125.00
$144.00
$480.00
$749.00
Exoenses (see attached documentation)Charoes
Mileage ($0.345/mile): 20 miles
Communications: $30.00
Printino: $29.00
Consultant Expenses Sub Total:
Multiolier
x 1.1
xU
x 1.1
Total
$ 7.59
$33.00
$31.90
$72.49
Consultant Total:
~¡821.49
SUB CONSULTANTS
Subconsultant (see attached documentation)
ABC ENVIRONMENTAL, INC., Civil Engineer
$1.000.00
ELECTRICAL CONSULTING, Electrical Engineer
MECHANICAL SOLUTIONS, Mechanical Engineer
MRF'
MOVING COMPANY, Movino Consultant
Subconsultant Sub Total:
x 1.1 Multiplier:
Hours
10
2
Hourlv Rate
$100.00
$100.00
$100.00
$100.00
Amount
5
10
$ 500.00
~;1.000.00
Subconsultant Total:
$ 100.00
$2,600.00
$ 260.00
S:2,860.00
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_"_U_n_.._.._n_.._.._u_.._.._.._u_.__.._u_.._.._.._.._U_'-_"_U_U_"_h_u__'_h_u____.._.._n_.._.._.._.._u_.._n_"__'_h_.._u_.._.._.__.._u_n._.._.._u_.._.._.._.._...
CONTRACT BREAKDOWN
Amount Prior
Authorized Invoiced
This
Invoice
Total Invoiced
To Date
% % Amount
Expended Complete Remaining
Task
Original
ºQQt~~'ê.L~?_?J_ººº.()-º__~1 ,025.0º_____.__$2.!)81 ~~____.~3, 7º¡¡-'-!~__.___?()~.__..__?§~o_
MRF' $2.500.00 $0.00 $1,000.00 $1,000.00 40% 45%
TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49
..~!.ª,?~3:51..
$1.500.00
$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.
Consultant Invoices
Agreement for Professional Services AG-C-207
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