HomeMy WebLinkAboutWA Appraisal Svcs AG-C-218
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2005 AGREEMENT FOR PROFESSIONAL REAL PROPERTY APPRAISAL AND
APPRAISAL REVIEW SERVICES
AG-C-218
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 with Washington Appraisal Services, Inc., a Washington corporation,
whose address is 10020 Main Street Suite A229 Bellevue WA 98004, 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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Agreement for Professional Services AG-C-218
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 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
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
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December 29, 2004
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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 $15,000.00.
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 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
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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December 29, 2004
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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 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.
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.
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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 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 ofthis 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 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.
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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 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
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.
10. CERTIFICATION REGARQING DEBARMENT. SUSPENSION, 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:
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December 29, 2004
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(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)" ofthis 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
CONSULTANT shall (1) promptly discontinue all services affected as directed by the
Agreement for Professional Services AG-C-218
December 29, 2004
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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.
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.
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December 29, 2004
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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 Fred Strickland, 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 Washington Appraisal Services, Inc.
Attn: Scott Nutter Attn: Garrett W. Waldner MAl
25 W Main Street 10020 Main Street Suite A229
Auburn WA 98001 Bellevue WA 98004
Phone: 253.804.5068 Phone: 425.453.1456
Fax: 253.931.3053 Fax: 425.369.0191 C-.o¥lc.~sr.¡o.Je--T
E-mail: snutter@ci.auburn.wa.us E-mail: gwaldner@a~1 -
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, retum 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 in
this section of the Agreement.
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Agreement for Professional Services AG-C-218
December 29, 2004
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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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B Lewir, Mayor
Date \ ll~L~~
ATTEST:
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Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
RVICES, INC.
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Federal Tax ID #
Agreement for Professional ServicesAG-C-218
December 29, 2004
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EXHIBIT A
ANNUAL CONTRACT TASK ASSIGNMENT DOCUMENT
AGREEMENT#: AG-C-218
TASK #: WAS-xxxx-xxx
CONSULTANT: Washinaton Appraisal $ervices Inc.
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: JOOOOOOOOOOOO(
Maximum Amount Payable per this Task Assignment: Jxxx.xx
Completion Date: xxxxxxxx. 2005
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 # JOOOOOO(
2. Parcel # JOOOOOO(
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-218
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EXHIBIT B
FEE SCHEDULE
All assignments are quoted on an individual basis, based on $150.00 per hour for an
MAl appraiser and $75.00 per hour for an associate appraiser. Post-appraisal services
are based on $200.00 per hour for an MAl appraiser and $75.00 per hour for an
associate appraiser.
Exhibit B - Fee Schedule
Agreement for Professional Services AG-C-218
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