HomeMy WebLinkAbout3140 RESOLUTION NO. 3 14 0
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO EXECUTE
AGREEMENT FOR PROFESSIONAL REAL PROPERTY APPRAISAL AND REVIEW
APPRAISAL SERVICES BETWEEN THE CITY AND STRICKLAND, HEISCHMAN &
HOSS, INC., FOR THE PURPOSE OF APPRAISAL AND REVIEW APPRAISAL
SERVICES DURING THE 2000 YEAR.
WHEREAS, the City anticipates the availability of state and federal funds for
payment of real property acquisitions during the year 2000; and
WHEREAS, when state and federal funds are used for real property acquisitions,
review appraisals are required pursuant to Washington State Department of
Transportation (W.S.D.O.T.) specifications;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
RESOLVES AS FOLLOWS:
Section 1. The Mayor and the City Clerk of the City of Auburn are hereby
authorized to execute an Agreement for Professional Real Property Appraisal and
Review Appraisal Services between the City and STRICKLAND, HEISCHMAN &
HOSS, INC., for the purpose of appraisal and review appraisal services during the 2000
year. A copy of said Agreement is attached hereto, designated as Exhibit "A" and
incorporated by reference in this Resolution.
Resolution No. 3140
12/03/99
Page i
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation.
DATED and SIGNED this 20th day of December, 1999.
CITY OF AUBURN
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
/
Michael J. Reynolds,
City Attorney
Resolution No. 3140
12/03/99
Page 2
2000 AGREEMENT FOR PROFESSIONAL REAL PROPERTY APPRAISAL AND
APPRAISAL REVIEW SERVICES
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
Strickland, Heischman & Hoss, Inc., a Washington corporation, whose address is 3551
Bridgeport Way West, Tacoma, Washington 98466, hereina~er referred to as
"CONSULTANT".
In consideration of the covenants and conditions oft his 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. 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 CONTULTANT'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.
The CONTULTANT 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
Agreement for Professionat Services
December 9, 1999
Page 1 of 9
shall provide preliminary title reports and right-of-way maps delineating individual
parcels for each work task order assigned the CONSULTANT. Each fight-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 Paragraph 1 to the CITY throughout the
2000 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 an hourly rate of $125.00 per hour for appraisal or appraisal review and
consulting work. Trial and pre-trial assignments will be based on an hourly rate of
$150.00 per hour. Compensation shall include all consultant expenses including, but not
limited to, overhead, profit, and direct non-salary costs and shall not exceed that mount
shown on each approved individual work task order for appraisal or appraisal review
services under this contract.
Agreement for Professionat Services
December 9, 1999
Page 2 of 9
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, withotrt additional compensation,
correct or revise any errors, omissions or other deficiencies in its plans, designs,
drawings, specifications, reports and other services required within 10 days from the date
of CITY request. The CONSULTANT shall perform its services to conform to generally
accepted professional appraisal or appraisal review standards and and the program
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
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 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
Agreement for Professionat Services
December 9, 199~
Page 3 of 9
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 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
Agreement for Professionat Services
December 9, 1999
Page 4 of 9
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 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
Agreement for Professional Services
December 9, 1999
Page 5 of 9
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. Reuse by the CITY of any of the drawings, computer
discs, documents, records, books, specifications, reports, estimates, summaries and such
other information and materials on extensions of this project or any other project without
the written permission of the CONSULTANT shall be at the CITY'S sole risk and the
CITY agrees to defend, indemnify and hold harmless the CONSULTANT from all
claims, damage and expenses including attorney's fees arising out of such unauthorized
reuse of the CONSULTANT' S drawings, computer discs, documents, record books,
specifications, reports, estimates, summaries and such other information and materials by
the CITY, its officials, employees, agents, or others that may obtain the information from
the CITY.
10. 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.
Agreement for Professionat Services
December 9, 1999
Page 6 of 9
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.
11. GENERAL PROVISIONS.
11.1. 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.
11.2. 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.
11.3. 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.
11.4. 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.
11.5. Should it become necessary to enforce any term or obligation of this
Agreement, then all costs of enforcement including reasonable attorney's fees and
expenses and court costs shall be paid to the substantially prevailing party.
Agreement for Professionat Services
December 9, 1999
Page 7 of 9
11.6. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
11.7. If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professionat Services
December 9, 1999
Page 8 of 9
CITY OF AUBURN
Charles A. Booth, Mayor
Date I~' I~"F?
ATTEST:
~C~~e e~E.D~kam, Cit;Clerk
Strickl~d, Heisc~ & Hoss, Inc.
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REF. H:XBELLINGER\Strickland, Heischman & Hoss 2000 Agreement for Prof. Real Property & Appraisal Review
Svcs.doc
Agreement for Professionat Services
December 9, 1999
Page 9 of 9