HomeMy WebLinkAbout2815 r
tee
1
RESOLUTION NO. 2 8 1 5
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
4 WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
EXECUTE SEPARATE AGREEMENTS FOR PROFESSIONAL REAL PROPERTY
5 APPRAISAL AND REVIEW APPRAISAL SERVICES FOR THE YEAR 1997
BETWEEN THE CITY AND CLENDANIEL, LEMA & WATTS , INC , AND
6 STRICKLAND, HEISCHMAN & HOSS, INC
7
8 WHEREAS, the City anticipates the availability of state
9 and federal funds for payment of real property acquisitions
10
during the year 1997 ; and ,)
11
WHEREAS, when state and federal funds are used for real
12
13 property acquisitions, review appraisals may be required per
14 Washington State Department of Transportation (W S D 0 T )
15 specifications; and
16
WHEREAS, review appraisals provide additional support of
17
just compensation and administrative settlements Review
18
19 appraisals may also be used for City funded acquisition
20 projects where counter-offers grossly exceed original fair
21 market offers ; and
22
WHEREAS, either party, Clendaniel, Lema & Watts, Inc or
23
Strickland, Heischman & Hoss, Inc may be assigned appraisal
24
25
26
Resolution No 2815
January 16, 1997
Page 1
1
and or review appraisal assignments Neither party is
2
affiliated or an agent of the other
3
4 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
5 WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
6 RESOLVES AS FOLLOWS
7
Section 1 . The Mayor and the City Clerk of the City of
8
Auburn are hereby authorized to execute separate agreements
9
10 for Professional Real Property Appraisal and Review Appraisal
11 Services between the City and Clendaniel , Lema & Watts, Inc ,
12 and Strickland, Heischman & Hoss, Inc , for the purposes of
13
appraisal and review appraisal services during the 1997 year
14
A copy of said agreements are attached hereto, designated as
15
16 Exhibit "A" and Exhibit "B" and incorporated by reference in
17 this Resolution
18 Section 2 . The Mayor is hereby authorized to implement
19
such administrative procedures as may be necessary to carry
20
out the directives of this legislation
21
22
23
24
25
26
Resolution No 2815
January 16, 1997
Page 2
1 DATED and SIGNED this 3rd day of February, 1997
2
3 CITY OF AUBURN
4
5
6 auk 0 .
7 CHARLES A BOOTH
MAYOR
8
9
10
ATTEST
11
12
13 eilAlfi l)O,S
14 Robin Wohlhueter,
City Clerk
15
16
17 APPROVED AS TO FORM
18
19
20 f
Michael J Reynolds,
21 City Attorney
22
23
24
25
26
Resolution No 2815
January 16, 1997
Page 3
1997 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 of the State of Washington,
hereinafter referred to as "CITY" and with Clendanial, Lema &
Watts, INC. , a Washington Corporation, whose address is 1800
112th Ave. NE, Suite 270E, Bellevue, Washington, 98004-2939 ,
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
assignment 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
Agreement for Professional Services
Page 1 of 12 Res. No. 2815 Exhibit A
January 15 1997
and the required time of completion The CONSULTANTS 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 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 the following
Before and after property acquisition areas for both easement
and/or fee taking
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 1997 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
Agreement for Professional Services
Page 2 of 12 Res. No. 2815 Exhibit A
January 15, 1997
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 $90. 00 per hour for appraisal or appraisal review and
consulting work Trial and pre-trial assignments will be based
on an hourly rate of $125 00 per hour Compensation shall
include all 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
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
Agreement for Professional Services
Page 3 of 12 Res. No. 2815 Exhibit A
January 15, 1997
or other deficiencies in its plans, designs, drawings,
specifications, reports and other services required The
CONSULTANT shall perform its services to conform to acceptable
professional appraisal or appraisal review standards 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 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 agrees to defend, indemnify and hold harmless
the CITY, its elected and appointed officials, employees and
agents from any and all claims, demands and/or causes of action
of any kind or character whatsoever arising out of or relating to
the CONSULTANT, its employees, subcontractors or agents for any
and all claims by any persons for alleged personal injury, death
or damage to their persons or property to the extent caused by
the negligent acts, errors or omission of the CONSULTANT, its
employees, agents, subcontractors or representatives and arising
out of its performance of this Agreement In the event that any
suit or claim for damage is brought against the CITY, the
Agreement for Professional Services
Page 4 of 12 Res. No. 2815 Exhibit A
January 15, 1997
CONSULTANT shall defend the CITY at its sole cost and expense;
provided that the CITY retains the right to participate in said
suit if any principle of governmental or public laws is involved;
and if final judgment be rendered against the CITY and/or its
officers, agents or employees or any of them, or jointly against
the CITY and the CONSULTANT and their respective officers,
agents, subcontractors, employees or any of them, the CONSULTANT
agrees to fully satisfy the same and the CONSULTANT shall
reimburse the CITY for any cost and expense which the CITY has
incurred as a result of such claim or suit 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, comprehensive 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
Agreement for Professional Services
Page 5 of 12 Res. No. 2815 Exhibit A
January 15, 1997
this Agreement. The CONSULTANT agrees to provide comprehensive
general liability insurance and shall maintain liability limits
of no less then ONE MILLION DOLLARS ($1, 000, 000) combined single
limit per occurrence for bodily injury, personal injury and
property damage
The general liability coverage shall also provide that the
CITY, its officers, employees and agents are to be covered as
additional insureds as respects: Liability arising out of 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
The general 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, canceled, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail return
receipt requested has been given to the CITY The CONSULTANT
agrees to provide copies of the certificates of insurance to the
CITY specifying the coverage required by this section at the time
that this Agreement takes effect The CITY reserves the right to
Agreement for Professional Services
Page 6 of 12 Res. No. 2815 Exhibit A
January 15, 1997
require that complete, certified copies of all required insurance
policies be submitted to the CITY at any time
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 three (3) 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 three (3) year period The CONSULTANT also agrees to provide
to the CITY, at the CITY ' S request, the originals of all
Agreement for Professional Services
Page 7 of 12 Res. No. 2815 Exhibit A
January 15, 1997
drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the
terms of this Agreement.
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 (unless the notice directs otherwise) , 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
Agreement for Professional Services
Page 8 of 12 Res. No. 2815 Exhibit A
January 15, 1997
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 under this
Agreement.
Agreement for Professional Services
Page 9 of 12 Res. No. 2815 Exhibit A
January 15, 1997
1
CITY OF AUBURN
&V AS.
Charles A. Booth, M A Y 0 R
ATTEST:
Robin Wohlhueter, CITY Clerk
APPROVED AS TO FORM:
Michael J '" Reynolds,
CITY Attorney
Clendaniel, Lema & Watts, Inc.
1 ■
TITLE 1/<ct rre3147e ti
Agreement for Professional Services
Page 10 of 12 Res. No. 2815 Exhibit A
January 15, 1997
STATE OF WASHINGTON )
) ss.
COUNTY OF KING
On this 17`/1/41-- day of 0�',,1l�111 111-V , 197/, before
me, the undersigned, a Notary ublic in and for the State of
Washington, personally appeared James M. Lema, to me known to be
the Vice President of Clendaniel, Lema & Watts, Inc. , a
Washington Corporation, who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he is
authorized to execute said instrument on behalf of said
corporation
Dated: 1 — 1 7—�'//�
-i
,1499 X,/2� 1&"
•." yq�e•,,. NOTARY PUBLIC in end for th �S ate of
'j• \ ,•wa•�• F ., Washington, residing at I�JL�l/21a..E.-
:�`r�QTARy�, My appointment expires
ce" q�
• t A
..5 13 00 •
Op
•
•'•.\ wart'
Agreement for Professional Services
Page 11 of 12 Res. No. 2815 Exhibit A
January 15, 1997
•
STATE OF WASHINGTON)
) ss
COUNTY OF KING
On this 7 day of( , S1-& _- , 1917, before me
undersigned, a Notary Public in and fOr the State of Washington,
duly commissioned and sworn, personally appeared Charles A Booth
and Robin Wohlhueter, to me known to be the Mayor and City Clerk,
respectively, of the CITY of Auburn, a municipal corporation, and
the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to
execute the said instrument and that the seal affixed is the
corporate seal of said corporation.
Dated._ / / /G Y7
it; oP�`.\55104'°Z VI' )444,Lid. !L i
S 'S' �i :
NOTARY 4
et NA O Pir:LIC r(;' cd C.. -b 4 5�_Q N'�J
95 Tc- R 2e`' �� NOTARY PUBLIC IN AND FOR STATE
J
�.�;,,WA'; ,;�.' WASHINGTON, RESIDING AT
My appointment expires 42/- 2_,S- FY
ML/bd
REF H \ENGINEER\E97\E97-4
Agreement for Professional Services
Page 12 of 12 Res. No. 2815 Exhibit A
January 15, 1997
PPM
aft ,
1997 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 of the State of Washington,
hereinafter referred to as "CITY" and with Strickland, Heischman
& Hoss, INC. , a Washington Corporation, whose address is 3551
Bridgeport Way West, Tacoma, Washington, 98466-4428 , 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
assignment 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
Agreement for Professional Services
Page 1 of 12 Res. No. 2815 Exhibit B
January 15, 1997
and the required time of completion. The CONSULTANTS 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 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 the following
Before and after property acquisition areas for both easement
and/or fee taking.
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 1997 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.
Agreement for Professional Services
Page 2 of 12 Res. No. 2815 Exhibit B
January 15, 1997
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 $100 00 per hour for appraisal or appraisal review and
consulting work Trial and pre-trial assignments will be based
on an hourly rate of $125 00 per hour Compensation shall
include all 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
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
Agreement for Professional Services
Page 3 of 12 Res. No. 2815 Exhibit B
January 15, 1997
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 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 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 agrees to defend, indemnify and hold harmless
the CITY, its elected and appointed officials, employees and
agents from any and all claims, demands and/or causes of action
of any kind or character whatsoever arising out of or relating to
the CONSULTANT, its employees, subcontractors or agents for any
and all claims by any persons for alleged personal injury, death
or damage to their persons or property to the extent caused by
the negligent acts, errors or omission of the CONSULTANT, its
employees, agents, subcontractors or representatives and arising
out of its performance of this Agreement In the event that any
suit or claim for damage is brought against the CITY, the
Agreement for Professional Services
Page 4 of 12 Res. No. 2815 Exhibit B
January 15, 1997
CONSULTANT shall defend the CITY at its sole cost and expense;
provided that the CITY retains the right to participate in said
suit if any principle of governmental or public laws is involved;
and if final judgment be rendered against the CITY and/or its
officers, agents or employees or any of them, or jointly against
the CITY and the CONSULTANT and their respective officers,
agents, subcontractors, employees or any of them, the CONSULTANT
agrees to fully satisfy the same and the CONSULTANT shall
reimburse the CITY for any cost and expense which the CITY has
incurred as a result of such claim or suit. 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, comprehensive 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
Agreement for Professional Services
Page 5 of 12 Res. No. 2815 Exhibit B
January 15, 1997
this Agreement The CONSULTANT agrees to provide comprehensive
general liability insurance and shall maintain liability limits
of no less then ONE MILLION DOLLARS ($1, 000, 000) combined single
limit per occurrence for bodily injury, personal injury and
property damage
The general liability coverage shall also provide that the
CITY, its officers, employees and agents are to be covered as
additional insureds as respects: Liability arising out of 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
The general 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, canceled, reduced in coverage or in limits except after
thirty (30) days prior written notice by certified mail return
receipt requested has been given to the CITY The CONSULTANT
agrees to provide copies of the certificates of insurance to the
CITY specifying the coverage required by this section at the time
that this Agreement takes effect The CITY reserves the right to
Agreement for Professional Services
Page 6 of 12 Res. No. 2815 Exhibit B
January 15, 1997
require that complete, certified copies of all required insurance
policies be submitted to the CITY at any time.
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 three (3) 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 three (3) year period The CONSULTANT also agrees to provide
to the CITY, at the CITY ' S request, the originals of all
Agreement for Professional Services
Page 7 of 12 Res. No. 2815 Exhibit 8
January 15, 1997
drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the
terms of this Agreement.
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 (unless the notice directs otherwise) , 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
Agreement for Professional Services
Page 8 of 12 Res. No. 2815 Exhibit B
January 15, 1997
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 under this
Agreement
Agreement for Professional Services
Page 9 of 12 Res. No. 2815 Exhibit B
January 15, 1997
CITY OF AUBURN
Crib Q
Charles A Booth, M A Y O R
ATTEST:
A x..;Altk
Robin Wohlhueter, CITY Clerk
APPROVED AS TO FORM
Michael J. Reynolds,
CITY Attorney
Strickland, Heischman & Hoss, Inc.
BY: c-----�
TITLE (1.4 fi e 3s a S , c /04—
Agreement for Professional Services
Page 10 of 12 Res. No. 2815 Exhibit 8
January 15, 1997
STATE OF WASHINGTON )
Pecs ) ss
COUNTY OF H-N
On this I-7 day of , 19�-2, before
me, the undersigned, a Notar Public in and for the State of
Washington, personally appeared James L. Ross, to me known to be
the Vice President of Strickland, Heischman & Hoss, Inc. , a
Washington Corporation, who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation for the uses and
purposes therein mentioned, and on oath stated that he is
authorized to execute said instrument on behalf of said
corporation.
Dated: I7 /99-7
jer
, - WI
4itt NO 'T I PUBLIC in and for the State of
` Wa ington, residing at , ,
* UoNG— , My appointment expires F17-0200,0
tl�p PUBLJC $
11, Va 9N 17,15:-.11 C`- �
OFWAS ?
a_
Agreement for Professional Services
Page 11 of 12 Res. No. 2815 Exhibit B
January 15, 1997
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
On this '/ day of` , 19 y7, before me
undersigned, a Notary Public it ndthe State of Washington,
duly commissioned and sworn, personally appeared Charles A. Booth
and Robin Wohlhueter, to me known to be the Mayor and City Clerk,
respectively, of the CITY of Auburn, a municipal corporation, and
the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein
mentioned, and on oath stated that they are authorized to
execute the said instrument and that the seal affixed is the
corporate seal of said corporation.
Dated ? / 9-' 7 age LatudAti.1.4.)
ttttttt
.�1 10N Sty
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;� NOTARY s.
Tharld / S v
;AAA pc PUBLIC e d NOTARY PUBLIC IN AND FOR ' iE STAT OF )
S15, OQEg2o, e>,, WASHINGTON, RESIDING AT / z- tct LY.4/
F
O„•tOn,uus• 't,, My appointment expires (4. ?S-91
ML/bd
REF H \ENGINEER\E97\E97-3
Agreement for Professional Services
Page 12 of 12 Res. No. 2815 Exhibit B
January 15 1997
_ — s aa•v.A, 411YL11-, 02/14/97 ,
PRODUCER THIS CERTIFICATE la tSSUED AS A MATTER OF INFORMATION
BELL-ANDERSON AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. DOE'S 724 WEST SMITH ST ALTER THE THIS
AFFORDED ED BOYTTHE POLICIESE BELOW.
PO BOX 887 COMPANIES AFFORDING COVERAGE
KENT WA 98035-0887 COMPANY
A AMERICAN STATE
INSURED
COMPANY
CLENDANIEL, LEMA & WATTS INC B 11126W1
ATTN JIM LEMA COMPANY
1800 112TH AVE NE #270E C /n 1C — C- -G`1
BELLEVUE WA 98004-2939 COMPANY
I
0
COVERAGES: "' .. . '
THIS IS TO CERTIFY THAT THE POUCIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDrONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
COI TYPE OF INSURANCE POLICY EFFECTIVE POLICY EXPIRATION
LTR POLICY NUMBER LIMITS
DATE(MM/DD/YY) DATE(MM/DONY)
A IGGE LI
ENERAL /BIUTY 0280582543 02/05/97 02/05/98 GENERAL AGGREGATE IS2 , 000 , 000
1 H COMMERCIAL GENERAL LIABIUTY
! j- CLAIMS MADE OCCUR PRODUCTS COMP/OP AGGI S 1, 0 0 0 , 0 0 0
I PERSONAL A ADV INJURY IS1, 000 , 000
!OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 151, 000, 000
FIRE DAMAGE(Arty one M) I S 50, 000
I MEO E%P(Any one Person) I S 10 , 000
I AUTOMOBILE LIABILTY
MY AUTO COMBINED SINGLE UNIT S
IALL OWNED AUTOS
I I SCHEDULED AUTOS BODILY INJURY
(Per Person) s_.
I HIRED AUTOS
I I NON-OWNED AUTOS
BODILY er acc INJURY S
I (Per accident)
PROPERTY DAMAGE S
I GARAGE LIABILITY
AUTO ONLY EA ACCIDENT I S
I MY AUTO OTHER THAN AUTO ONLY: I - -
I
i EACH ACCIDENT I S
AGGREGATE IS
EXCESS LIABILITY EACH OCCURRENCE IS
MI UMBRELLA FORM AGGREGATE , S
OTHER THAN UMBRELLA FORM I IS
WORKERS EMPLOYERS'OLIABIL Ty ON AND TORY LIMITS I ER I.
I EL EACH ACCIDENT IS
THE PROPRIETOR/ I INCL
PARTNERS/EXECUTIVE EL DISEASE-POLICY LIMIT I S
OFFICERS ARE: I EXCL EL DISEASE-EA EMPLOYEE IS
OTHER
ESCRIPTION OF OPERATIONS/LOCATIONSNEHICLES/SPECIAL ITEMS
INSURED OPERATIONS
ERTIFICATE..HOLDER. LL
... :CANCEATION. ... --- ... . . .. -
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF AUBURN DEPT-PUBLIC WKS EXPIRATION MAIL
IRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MA
E
ATTN CAROLINE BE RGT PI DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
25 W MAIN BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBUGATION OR LIABRRY
AUBURN WA 98001-4998 OF ANY KIND UPON THE COMBAA7, ITS AGENTS OR REPRESENTATNES.
AUTHORGSD REPRESENTATIVE J ,,, . %
. ...... JACK WI LMARTH (-:"....:14....5.9".<: :iir.c$ ✓
..ORD - S•S- (1)9S) ,y: ........:. .. . .
-- . . . . - . . . . ®'ACORD :CORPORATION'..1988
dliftle-
ACORD 'CERTIFICATE OF LIABILITY INSURANCE CSR. PC DATE(MM/DDm)
STRIC-i. 02/18/97
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Tom Taylor Insurance Bkrs, Inc ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
3401 South 19th Street HOLDER. THIS CERTIFICATE DOES NOT AMEND,EXTEND OR
P 0 Box 7187 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW
Tacoma WA 98407 y y'1-{'�p' • ,f, COMPANIES AFFORDING COVERAGE
Tom Taylor, Jr 1
p M 2 1 'COMPANY
y,
Phone Nn. 206-383-5402 Fae No. 206-383-4663 - •- I St Paul Fire & Marine Ins
INSURED lj o e\L r
1,{ro
Vr V`\i \lS
! 1lV
Strickland Heischman & Hoss In
COMPANY Oi?/G/At4L
James L Hoss C
3551 Bridgeport Way West COMPANY
Tacoma WA 98466-4428 D
COVERAGES
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS,
EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
CO TYPE OF INSURANCE POLICY NUMBER POLICY EFFECTIVE POLICY EXPIRATION LIMITS
LTR DATE(MM/DD/YY) DATE(MM/DDM'1
GENERAL LIABILITY GENERAL AGGREGATE I $ 2, 000,000
A X COMMERCIAL GENERAL LIABILITY RP06609984 07/01/96 07/01/97 PRODUCTS COMP/OPAGG $2,000,000
CLAIMS MADE X OCCUR PERSONAL&ADV INJURY 51,000,000
OWNER'S&CONTRACTOR'S PROT EACH OCCURRENCE 51,000,000
FIRE DAMAGE(Any one fire) 51,000,000
MED EXP(Any one person) $ 5,000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY $
Per person)
SCHEDULED AUTOS
HIRED AUTOS BODILY INJURY $
(Per accident)
NON-OWNED AUTOS
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE $
UMBRELLA FORM ,AGGREGATE $
OTHER THAN UMBRELLA FORM $
WC TORY LIMITS 10TH-
WORKERS WORKERS COMPENSATION AND -
EMPLOYERS'LIABILITY EL EACH ACCIDENT $
THE PROPRIETOR/ I INCL 1 EL DISEASE POLICY LIMIT $
PARTNERSIEXECUTIVE
OFFICERS ARE: EXCL EL DISEASE EA EMPLOYEE 5
OTHER
i
DESCRIPTION OF OPERATIONS/LOCATIONS/VEHICLES/SPECIAL ITEMS
CERTIFICATE HOLDER CANCELLATION
DEPTOFP SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
Dept of Public Works City of EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
Auburn, Contract Administrator 30 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE L EFT.
Caroline Bergt BUT FAILURE TO MAIL SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
25 West Main OF ANY KIND UPON THE COMPANY,ITS AGENTS OR REPRESENTATIVES.
Auburn WA 98001-4998 AUTHORIZED REPRESENTATIVE
Tom Taylor, Jr
ACORD 25-S (1/95) _ _ . CIACORD CORPORATION 1988
2 ( 5- /117/c? it; ct(c) - c -c)3
• Lt ,
CITY OF AUBURN
INTEROFFICE MEMORANDUM
TO Caroline Bergt, Contract Administrator
FROM Robin Wohlhueter, City Clerk e jy.�,'�i1'�
v
SUBJECT r Resolution No. 2815
Agreements for Professional Real Property Appraisal
and Review Appraisal Services between the City and
Clendaniel, Lema & Watts, Inc. and between the City
and Strickland, Heischman & Hoss, Inc.
DATE. February 10, 1997
The Auburn City Council adopted Resolution No 2815 on February 3, 1997
authorizing Agreements between the City and Clendaniel, Lema & Watts, Inc.,
and between the City and Strickland, Heischman & Hoss, Inc. for real property
appraisal and review appraisal services during 1997
Attached is a copy of Resolution No 2815 together with two (2) fully executed
duplicate original Agreements with Clendaniel, Lema & Watts, Inc. and two (2)
fully executed duplicate original Agreements with Strickland, Heischman & Hoss,
Inc. I have retained duplicate originals of each Agreement for filing with
Resolution No 2815
Thank you for your assistance
RW:dd
Attachment
File. A3 16 9, A3 13 4
f'\clerk\cont\RES2815
C f: i\�Ut 4f
CHARI.FS A.BOOTH, MAYOR AUBURN CITY CLERK
Robin Wohlhueter,City Clerk 25 West Main, Auburn,WA 98001
Dann Daskam, Deputy City Clerk City Clerk:(206)931-3039
Tame Bothell,Records/License Clerk 4711117G }Business Registration:(206)931-3007 Fax.(206)931 3053
ashine
STATE OF WASHINGTON)
) ss.
COUNTY OF KING
I, Robin Wohlhueter, the duly appointed, qualified City Clerk of the City of
Auburn, a Municipal Corporation and Code City, situate in the County of King, State of
Washington, do hereby certify that the foregoing is a full, true and correct copy of
Resolution No 2815 of the resolutions of the City of Auburn, entitled "RESOLUTION
NO 2815 "
I certify that said Resolution No 2815 was duly passed by the Council and
approved by the Mayor of the said City of Auburn on the 3rd day of February, 1997
Witness my hand and the seal of the City of Auburn this 20th day of June, 1997
Robin Wohlhueter
City Clerk
City of Auburn
To Dani Daskam @Finance @Admin
Cc
Bcc
From Caroline Bergt @Engineer @Admin
Subject re Clendaniel , Lema & Watts
Date Monday, May 27, 1996 13 52 36 PDT
Attach
Certify N
Forwarded by
Nothing in the file If you need the old one their phone # is 486-5300