HomeMy WebLinkAboutCertified Land Services Corp AG-C-129
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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
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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.
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Agreement for Professional Services AG-C-129
December 15, 2006
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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.
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December 15, 2006
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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
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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
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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
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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
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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.
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December 15, 2006
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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
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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
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