HomeMy WebLinkAbout3301RESOLUTION NO. 3 3 0 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN
THE CITY AND GRANGER COMPANY FOR THE PURPOSE OF PROVIDING
REAL PROPERTY APPRAISAL AND APPRAISAL REVIEW SERVICES
DURING THE 2001 YEAR.
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 Services with the
GRANGER COMPANY to provide real property appraisal and appraisal review
services for the City of Auburn during the year 2001. A copy of said Agreement
is attached hereto, designated as Exhibit "A" and incorporated by reference in
this Resolution.
Section 2. The Mayor is hereby authorized to implement. such
administrative procedures as may be necessary to carry out the directives of
this legislation.
Resolution No. 3301
December 5, 2000
Page 1
DATED and SIGNED this 9~ a of December, 2000.
~-- y
CITY OF AUBURN
r
CHARLES A. BOOTH
MAYOR
ATTEST:
,~' f
Dafielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
Resolution No. 3301
December 5, 2000
Page 2
2001 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 with
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. 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 project, including
special benefit studies, and other related appraisal functions.
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
---------------------------
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 1 of 8
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 Paragraph 1 to the CITY throughout the 2001
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 $75.00 per hour for appraisal and $500.00 per parcel for appraisal
review consulting work. Review appraisals containing two or more parcels shall be at $350.00
per parcel. 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 $50,000.00.
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 2 of 8
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 appraisal or appraisal review 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.
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
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 3 of 8
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. 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
---------------------------
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-702
Page 4 of 8
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 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
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 5 of 8
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.
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.
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.
---------------------------
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 6 of 8
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 attorneys fees and expenses and
court costs shall be paid to the substantially prevailing party.
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.
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 7 of 8
CITY OF AUBURN
' V ` (~JG
Charles A. Booth, Mayor
Date ~ ~ -~y-~d
ATTEST:
~'
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds, City Attorney
Address: Olympia, WA 98513
Phone: X360) 459-8203
Fax #: ~360Z459-8203
Federal Tax ID #: 534-42-0259
REF. H:\CONSULTANTS,AGREEMENTS\2001\AGC102 AGREEMENT.DOC
---------------------------
Resolution # 3301
Exhibit A
Agreement for Professional Services AG-C-102
Page 8 of 8
Address: 7312 Meridian Road SE