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HomeMy WebLinkAboutCertified Land Services Corp AG-C-129 A3.'Co.9 2006 AGREEMENT FOR PROFESSIONAL REAL PROPERTY APP~SALANDAPP~SALRE~EWSER~CES AG-C-129 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 Certified Land Services Corporation, a Washington corpon:ltion, whose address is 4535 44th Avenue SW, Seattle WA 98116, hereinafter refE~rred 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 negotiation and relocation services, as directed, in accordance with Washington State Department of Transportation (WSDOT) and Local Agency Guidelines (LAG), and the Uniform Relocation Assistance and Real Property Acquisition Policy Act, hereby madl9 a part of this Agreement and incorporated by this reference as if set forth in full. The CONSULTANT, on a project basis, will be given individual task as.signments (see Exhibit A, Sample Task Assignment) for the purpose of acquiring neces:sary property rights including, but not limited to, right-of-way, easements, fee simple and the relocation of displaced persons resulting from City construction projects and c:>ther related acquisition and relocation functions in accordance with local, state, and federal guidelines. An approved task assignment shall be required between the CONSULTANT and the City prior to commencing any work for any individual task. Agreement for Professional Services AG-C-129 December 15, 2006 Page 1 of 11 2. TERM. The CONS UL T ANT shall not begin any work under this Agreement until authorized in writing by the CITY. All work under this Agreement shall be completed by December 31,2006. The established completion time shall not be extended because of any delays attributable to the CONSULTANT, but may be extended by the CITY in the event of a delay attributable to the CITY, or because of unavoidable delays caused by ~m act of GOD or governmental actions or other conditions beyond the control of the CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the established completion time. 3. COMPENSA nON. The CONSULTANT shall be paid by the CITY for completed services I"endered under each approved individual task assignment. Such payment shall be full compensation for work performed or services rendered and for all labor, matt~rials, 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 inc:luded for each individual approved task assignment. These fees will be " not to exceed" lump sum figures based on the Fee Schedule outlined in Exhibit 8 for work perfomled under this Agreement. Exhibit 8 is attached hereto and by this reference made 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 task assignment for appraisal or .appraisal review services under this Agreement. The total compensation for this Agreement shall not exceed $30,000. Agreement for Professional Services AG-C-129 December 15, 2006 Page 2 of 11 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 mCldification shall be negotiated and approved by the CITY prior to any effort being expended on such services. 4. SUBCONTRACnNG. The CITY permits subcontracts for those items of work necessary for Ithe completion of the project. The CONSULTANT shall not subcontract for the performance of any work under this AGREEMENT without prior written permission of the CITY. No permission for subcontracting shall create, between the CITY ~i1nd sUbcontn=-ctor, any contractor or any other relationship. Compensation for any subconsultant work is included in Section 3 of this Agreement and all reimbursable direct labor, overhead, direct non-salary costs and fixed fee costs for the subconsultant shall be substantiated in the same manner as outlined in Section 3. All subcontracts exceeding $10,000 in cost shall contain all applicable provisions of this AGREEMENT. 5. RESPONSIBIUTY OF CONSULTANT. The CONSULTANT shall be responsible for the professional quality, tEtchnical accun=-cy, timely completion and the coordination of all studies, analysis, designs, drawings, specifications, reports and other services performed by the CONSUL T ANT 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 CONSUL rANT shall perform its services to conform to generally-accepted professional standards for real estate appraisal and appn=-isal review services and the requirements of the CITY. ------- Agreement for Professional Services AG-C-129 December 15, 2006 Page 3 of 11 Any approval by the CITY under this Agreement shall not in any way relieve the CONSULTANT of responsibility for the technical accun:tcy and adequacy of its services. Except as otherwise provided herein, neither the CITY'S review, approval of, acceptance of, nor payment for, any of the services shall be construed to opt~n:tte 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. 6. INDEMNIFICAnON/HOLD HARMLESS. The CONSULTANT shall defend, indemnify and hold the CITY, its officers, officials, volunteers, and employees harmless from any and all claims, injuries, damages, losses, or suits, including attorney fees, arising out of or resulting from the acts, errors or omissions of the CONSULTANT in performance of this Agreement, except for injuries or damages caused by the sole negligence of the CITY. 7. INOEPENDENT CONTRACTOR/ASSIGNMENT. The parties agree and understand that the CONSULTANT is an indep'endent contractor and not the agent or employee of the CITY and that no liability ShSl1l 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. 8. INSURANCE. CONSULTANT shall procure and maintain for the duration of this Agre,ement, insun:tnce against daims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the CONSULTANT, its agents, representatives, or employees. CONSULTANT'S maintenance of insurance as required by the Agreement shall not be construed to limit the liability of the CONSULTANT to the coven:tge prclvided by Agreement for Professional Services AG-C-129 December 15,2006 Page 4 of 11 such insurance, or otherwise limit the City's recourse to any remedy availablt~ at law or in equity. CONSULTANT shall obtain insurance of the types and in the amount~i described below: a. Automobile Liability insun:tnce covering all owned, non-owned, hired and leased vehicles, with a minimum combined single limit for bodily inJiury and property damage of $1,000,000 per accident. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute foml providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. b. Commercial General Liability insurance shall be written on ISO occ:urrence form CG 00 01 and shall cover liability arising from premises, openiltions, independent contn:tctors, and personal injury and advertising injury, with limits no less than $1,000,000 each occurrence, $2,000,000 genen:tl aggregate. The CITY shall be named as an insured under the CONSULTANT'S Commercial General Liability insun:tnce policy with respect to the work performed for the CITY using the applicable ISO Additionallnsurecl endorsement or equivalent. c. Worker's Compensation coverage as required by the Industriallnsun:tnce laws of the State of Washington. d. Professional Liability insurance appropriate to the CONSULTANT'S profession, with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. Agreement for Professional Services AG-C-129 December 15, 2006 Page 5 of 11 The insun:tnce policies are to contain, or be endorsed to contain, the following provisions for Automobile Liability, Professional Liability, and Commercial GElnen:t1 Liability insurance: a. The CONSULTANT'S insun:tnce coverage shall be primary insun:tnce as respects the CITY. Any insurance, self insurance, or insun:tnce pool coven:tge maintained by the CITY shall be excess of the CONSULTANT'S insurance and shall not contribute with it. b. The CONSULTANT'S insun:tnce shall be endorsed to state that coven:tge shall not be cancelled by either party, except after thirty (30) days prior written notice has been given to the CITY by certified mail, return receipt requested. All insun:tnce shall be obtained from an insurance company authorized to do business in the State of Washington. Insun:tnce is to be placed with insurers with a current A.M. Best rating of not less than A-:VII. The CONSULTANT shall furnish the City with certificates of insun:tnce and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance coverage required by this section, before commencement of the work. 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. 9. NONDlSCRIMINAnON. The CONSULTANT may not discriminate regarding any services or activities to which this Agreement may apply directly or through contractual, hiring, or otht!r arn:tngements on the grounds of race, color, creed, religion, national origin, SE~x, age, or where there is the presence of any sensory, mental or physical handicap. Agreement for Professional Services AG-C-129 December 15, 2006 Page 6 of 11 10. OWNERSHIP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all dn:twings, 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 documeints held by the CONSULTANT and relating to this Agreement upon good cause at any ntasonable time within the six (6) year period. The CONSULTANT also agrees to provid1e 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. 11. CERTIFICAnON REGARDING DEBARMENT. SUSPENSION. AND OTHER RESPONSIBIUTY MAlTERS-PRIMARY COVERED TRANSACTIONS. The prospective primary participant certifies to the best of its knowledgle and belief, that it and its principals: (a) Are not presently debarred, suspended, proposed for debarment, dleclared 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 o)nvicted of or had a civil judgment rendered against them for commission or fniud or a criminal offense in connection with obtaining, attempting to obtain, l:>r Agreement for Professtonal Services AG-C-129 December 15, 2006 Page 7 of 11 performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or c:ommission 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 chargled by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph N(b)" of this certification; and (d) Have not within a three-year period preceding this application/proposal had one or more public tn:tnsactions (federal, state, or local) terminatedl for cause or default. Where the prospective primary participant is unable to certify to any 01: the statements in this certification, such prospective participant shall attach an e>cplanation to this proposal. 12. TERMINAnON OF AGREEMENT. This Agreement may be terminated by either party upon twenty (20) d4i1Ys 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 pan:tgraph, the CONSULTANT shall (1) promptly discontinue all services affected as directed by the written notice, and (2) deliver to the CITY all data, dn:twings, specifications, re1ports, 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. Agreement for Professional Services AG-C-129 December 15, 2006 Page 8 of 11 13. GENERAL PROVISIONS. 13.1. 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, Feden:tllaws. 13.2. 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, VVashington. Pending final decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with the performance of the services and obligations herein. 13.3. In the event that any dispute or conflict arises between the partil9s while this Agreement is in effect, the CONSULTANT agrees that, notwithstanding !:~uch dispute or conflict, the CONSULTANT shall continue to make a good faith effort to cooperate and continue work toward successful completion of assigned dutie,s and responsibilities. 13.4. 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. 13.5. This Agreement represents the entire and integrated Agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, repre'sentations or agreements either on:tl or written. This Agreement may be amended only by written instrument signed by both the CITY and the CONSULTANT. 13.6. Should it become necessary to enforce any term or obligation of this Agreement, then all costs of enforcement including reasonable attorneys fee!:. and expenses and court costs shall be paid to the substantially prevailing party. Agreement for Professional Services AG-C-129 December15,2006 Page 9 of 11 13.7. The CONSULTANT agrees to comply with all local, state and fEtden:tllaws applicable to its performance as of the date of this Agreement. 13.8. If any provision of this Agreement is invalid or unenforceable, the remaining provisions shall remain in force and effect. 13.9. This Agreement shall be administered by Regina Raichart, Presiident, 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 Certified Land Services Corporation Attn: Scott Nutter Attn: Regina Raichart 25 W Main Street 4535 44tti Avenue SW Auburn WA 98001 Seattle WA 98116 Phone: 253.804.5068 Phone: 206.287.9858 Fax: 253. 931.3053 Fax: 206.382.4480 E-mail: snutter@auburnwa.gov E-mail: certifiedlandser@cs.oom 13.10. All notices or communications permitted or required to be given under this Agreement shall be in writing and shall be delivered in person or depositud in the United States mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by certifted mail, return receipt requested, and addressed to the address for the party set forth in 13.9 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 writin", stating his, her, or its new address, to any other party, all pursuant to the procedure ~;et forth in this section of the Agreement. Agreement for Professional Services AG-C-129 December 15, 2006 Page 10 of 11 13.11. This Agreement may be executed in multiple counterparts, eal::h 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. ~~ ----=-:::? ._'::7 Peter 8 Lewis, Mayor Date ~ ATTEST: ~~.~~~~ Certified Land Services Corporation BY:~ e .. aic art Title: President Federal Tax 10 # Agreement for Professional Services AG-C-129 December 15, 2006 Page 11 of 11 EXHIBIT A SAMPLE TASK ASSIGNMENT AGREEMENT #: AG-C-xxx TASK #: xxx-xxxx-xx;~ CONSULTANT: PROJECT #/Name: The general provisions and clauses of the Agreement referenced above shall be in full force and effect for this Task Assignment. Location of Project: Maximum Amount Payable per this Task Assignment: $ Completion Date: SeoDe of Work: ADDrovals Consultant Project Manager: Signature: Date: City Project Manager: Signature: Date: City Mayor, if Task Assignment is over $5,000: Signature: Date: Note: If this task assignment is over $25,000 then it must go before the appropriab~ Committee and City Council for approval prior to the Mayor's signature. Exhibit A Agreement No. AG-C-129 Page 1 of 1 EXHIBIT B FEE SCHEDULE LABOR CATEGORY HOURLY RATE Senior Project Manager............................................ $ 154.00 Senior Negotiator/Relocation Agent........................... $ 95.00 Negotiator/Relocation Agent..................................... $ 85.00 Administrative Support ............................................ $ 55.00 Exhibit B Agreement No. AG-C-129 Page 1 of 1 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 # (i.e.: AG-C-115). · Project number(s) listed (i.e.: PR562). · CITY'S project manager listed. · The hour(s) per person broken down by task(s) (attach timesheets, spreadshElet detailing timesheets, or some other form of proof) along with type of work done (i.e.: delsign, right-of-way, or construction) or task order number. · Direct salary (base salaries) · Indirect salary (benefits) · Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary (overhead). The CITY does not pay for CONSULTANT meals unless part of 81 task requires travel outside of the greater Seattle, Tacoma, and 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) (i.e.: a certain task) until we can ~~et an amendment in place. · Invoices for previous year are due by January 15th. · For grant/special funded projects there might be other special information needed, reference the LAG manual. Consultant Invoices Agreement No. AG-C-129 Page 1 of 2 SAMPLE INVOICE City of Auburn 25 West Main Auburn WA 98001 Attn: Scott Nutter (Project Engineer) Agency Agreement #: AG-C-01 0 Invoice #: 5222 Progress Payment #: 2 Invoice Date: February 10, 2002 Project Name: Thomas Nelson Farm Project #: PR562 Engineering Services performed during the period of: January 2002 SAMPLE ENGINEERING, INC. Personnel Hours Hourly Rate Amount Mike Jones, Principal in CharQe 1 $ 125.00 $ 125.00 Carla Maker, Architect 5 $ 72.00 $ 144.00 Joe Smith, Word Processing 10 $ 48.00 $ 480.00 Consultant Personnel Subtotal $ 749.00 Multi Iier x1.1 x1.1 x1.1 Amount $ 7.59 $ 33.00 $ 31.90 $ 72.49 Consultant Total: $ 821.49 SUB CONSULTANTS (see attached documentation) Su bconsultant Hours Hourly Rate Amount ABC Environmental, Inc., Civil EnQineer 10 $ 100.00 $ 1,000.00 Electrical Consulting, Electrical Engineer 5 $ 100.00 500.00 Mechanical Solutions, Mechanical Engineer 10 $ 100.00 MRF 1,000.00 MovinQ Company, MovinQ Consultant 2 $ 50.00 100.00 Subconsultant Subtotal $ 2,600.00 Subtotal x 1.1 Multiplier $ 2,860.00 Subconsultant Total: $ 2,860,00 ---..-..-U-U----U_.._h__._..____..____n_______h_.._h_______n_h----h-n-h_..____..____n____..____.._h_U_______h_..__________..----------..----..---_..____u_______h_..____.._.__..____ TOTAL DUE THIS INVOICE $ 3,681.49 ..-------..---------_n_..____u_u____n_.._.._..__________.____----------h----h_n_h_.._h_..____n_h__.__________n_h_.._h_.__.---------.-u--.----___..__._..____..____u__________..____n_ CONTRACT BREAKDOWN Amount Total Invoiced % % Amount Task Authorized Prior Invoiced This Invoice To Date Expended Com pleted Remaining Original Contract $ 22,000.00 $ 1,025.00 $ 2,681.49 $ 3,706.49 20% 25% $ 18,293.51 MRF* 2,500.00 0.00 1,000.00 1,0000.00 40% 45% 1,500.00 TOTAL $ 24,500.00 $ 1,025.00 $ 3,681.49 $ 4,706.49 $ 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 No. AG-C-129 Page 2 of 2