HomeMy WebLinkAbout2896 1 RESOLUTION NO. 2 8 9 6
2
3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING THE MAYOR AND THE CITY CLERK TO
4 EXECUTE SEPARATE AGREEMENTS FOR PROFESSIONAL REAL PROPERTY
5 APPRAISAL AND REVIEW APPRAISAL SERVICES FOR THE YEAR 1998
BETWEEN THE CITY AND THE LEMA CONSULTING GROUP, 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 1998 ; and
11
WHEREAS, when state and federal funds are used for real
12
13 property acquisitions, review appraisals are required pursuant
14 to Washington State Department of Transportation (W S D 0 T )
15 specifications; and
16
WHEREAS, either party, The Lema Consulting Group, Inc or
17
Strickland, Heischman & Hoss, Inc may be assigned appraisal
18
19 and or review appraisal assignments Neither party is
20 affiliated or an agent of the other
21 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
22
WASHINGTON, IN A REGULAR MEETING DULY ASSEMBLED, HEREWITH
23
RESOLVES AS FOLLOWS
24
25
26
Resolution No 2896
November 20, 1997
Page 1
1
1
,Section 1. The Mayor and the City Clerk of the City of
2
Auburn are hereby authorized to execute separate agreements
3
4 for Professional Real Property Appraisal and Review Appraisal
5 Services between the City and The Lema Consulting Group, Inc
6 and Strickland, Heischman & Hoss, Inc , for the purposes of
7 appraisal and review appraisal services during the 1998 year
8
A copy of said agreements are attached hereto, designated as
9
10 Exhibit "A" and Exhibit "B" and incorporated by reference in
11 this Resolution
12 Section 2 . The Mayor is hereby authorized to implement
13
such administrative procedures as may be necessary to carry
14
out the directives of this legislation
15
16 DATED and SIGNED this /4st day of December, 1997
17
18 CITY OF AUBURN
19
20
21
C1ticS I`► a
22 CHARLES A BOOTH
MAYOR
23
24
25
26
Resolution No 2896
November 20, 1997
Page 2
1 ATTEST
2
3 n
4 /x/',,!/� /Jn
5 Danielle E Daskam,
City Clerk
6
7
8
APPROVED AS TO FORM
9
10
11
.
12 Michael J Reynolds,
City Attorney
13
14
15
16
17
18
19
20
21
22
23
24
25
26
Resolution No 2896
November 20, 1997
Page 3
1998 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
The Lema Consulting Group, Inc., a Washington Corporation, whose address is 2020
McGilvra Blvd. E., Seattle, Washington, 98112-2722, 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
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
Agreement for Professional Services
Page 1 of 10 Res No. 2896 Exhibit A
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 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 1998
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$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 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.
Agreement for Professional Services
Page 2 of 10 Res. No. 2896 Exhibit A
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 within 10 days from the date of CITY request. 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 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 a
CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and
employees and provided further that if the claims or suits are caused by or result from the
concurrent negligence of(a) the CONSULTANT's agents or employees and (b) the CITY, their
agents, officers and employees, this indemnity provision with respect to (1) claims or suits based
Agreement for Professional Services
Page 3 of 10 Res. No. 2896 Exhibit A
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 general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability arising out of the
services or responsibilities performed by or under obligation of the 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
Agreement for Professional Services
Page 4 of 10 Res. No. 2896 Exhibit A
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 ongm, 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 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
Agreement for Professional Services
Page 5 of 10 Res. No. 2896 Exhibit A
the six (6) year penod. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
Reuse by the City of any of the drawings, computer discs, documents, records, books,
specifications, reports, estimates, summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk and the CITY agrees to defend, indemnify and
hold harmless the CONSULTANT from all claims, damage and expenses including attorney's
fees arising out of such unauthorized reuse of the CONSULTANTS drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials by the CITY, it's officials, employees, agents, or others that may
obtain the information from the CITY
10 TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. In the event of termination due to the fault of
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
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.
Agreement for Professional Services
Page 6 of 10 Res. No. 2896 Exhibit A
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 wntten. This Agreement may be amended only by wntten 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.
11 7 If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services
Page 7 of 10 Res. No. 2896 Exhibit A
CITY OF AUBURN
al3ako. ,a
Charles A. Booth, May
Date /a /6-9
ATTEST
4aLLc
lle E. Daskam, City Clerk
APPROVED AS TO FORM.
111 '
Michael J Reynolds, City Attorney
The Lema Consulting Group, Inc.
BY
Authorized Signature
LA..% e S M Lew.. a
Print or Type Name
TITLE. Pr es•
Address 0.7,0,..o hie 6.1, r.. hsc .1
Address 5-t,c... '(P CVA-- T ri c L,
Phone Au 6 4jo— � r4- i
Fax# ao6 3.zy - > c .o
Federal Tax ID # c{/—/f6 > 7 8
Agreement for Professional Services
Page 8 of 10 Res. No. 2896 Exhibit A
STATE OF WASHINGTON )
)ss.
County of King )
I certify that I know or have satisfactory evidence that James M. Lema as the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the President of The
Lema Consulting Group, Inc., a Washington corporation, to be the free and voluntary act of
such party for the uses and purposes mentioned in this instrument.
Dated �"Jrw dy!i9-9 7
�� A. SPA Nk
„„��� ,c ssfon Er Bp9 i
�'0°NOTARy" 2 1 T-
J/�/7/SP /-f - s2a-dorv7
I *
Pimp * = Notary Public in and for the State of Washington
ti ,
' , residing at ¢�
13, i
0
WASt# My appointment expires: 9-73 oZco/
Agreement for Professional Services
Page 9 of 10 Res. No. 2896 Exhibit A
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this /4)44 of Letnat.1"---i , 1977, before me undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Charles A. Booth and Danielle E. Daskam, 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: /(or /9f 2
1;"CIA a go-the ii
,,,��ppt�mA.8oT�.,i 2 ,ww, ,, t�, �, /] yn
,,,�izr. 0 SSIOAIEF44. s ��i�Z�'/iwvuC, vt + �
NOTARY %. ? Notary Public and for e State of Washington
• —*— residing at &nc,
L a o PUBLIC 2 : ti
s�,,9)�.�roe:p 9.,e90.,44 My appointment expires /lJ— 9 - C/9 ss
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REF HXENGINEER\E97\E97-1169
Agreement for Professional Services
Page 10 of 10 Res. No. 2896 Exhibit A
1998 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
Bndgeport 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 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 anv 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
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
Agreement for Professional Services
Page 1 of 10 Res. No. 2896 Exhibit 8
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 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 1998
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$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 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.
Agreement for Professional Services
Page 2 of 10 Res. No. 2896 Exhibit B
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 within 10 days from the date of CITY request. The CONSULTANT shall
perform its services to conform to generally accepted professional appraisal or appraisal review
standards and 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 nghts 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 a
CONSULTANT to indemnify the CITY against and hold harmless the CITY from claims,
demands or suits based solely upon the conduct of the CITY, their agents, officers and
employees and provided further that if the claims or suits are caused by or result from the
concurrent negligence of(a) the CONSULTANT's agents or employees and (b) the CITY, their
agents, officers and employees, this indemnity provision with respect to (1) claims or suits based
Agreement for Professional Services
Page 3 of 10 Res. No. 2896 Exhibit 8
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 general liability coverage shall also provide that the CITY, its officers, employees
and agents are to be covered as additional insured as respects: Liability ansmg 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
Agreement for Professional Services
Page 4 of 10 Res. No. 2896 Exhibit B
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 ongin, 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 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
Agreement for Professional Services
Page 5 of 10 Res. No. 2896 Exhibit B
the six (6) year period. The CONSULTANT also agrees to provide to the CITY, at the CITY'S
request, the originals of all drawings, documents, and items specified in this Section and
information compiled in providing services to the CITY under the terms of this Agreement.
Reuse by the City of any of the drawings, computer discs, documents, records, books,
specifications, reports, estimates, summaries and such other information and materials on
extensions of this project or any other project without the written permission of the
CONSULTANT shall be at the CITY'S sole risk and the CITY agrees to defend, indemnify and
hold harmless the CONSULTANT from all claims, damage and expenses including attorney's
fees arising out of such unauthorized reuse of the CONSULTANTS drawings, computer discs,
documents, records, books, specifications, reports, estimates, summaries and such other
information and materials by the CITY, it's officials, employees, agents, or others that may
obtain the information from the CITY
10. TERMINATION OF AGREEMENT.
This Agreement may be terminated by either party upon twenty (20) days written notice
to the other party, and based upon any cause. in the event of termination due to the fault of
other(s) than the CONSULTANT, the CONSULTANT shall be paid by the CITY for services
performed to the date of termination.
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.
Agreement for Professional Services
Page 6 of 10 Res. No. 2896 Exhibit B
11.2. All claims, disputes and other matters in question ansing 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 pnor 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.
11 7 If any provision of this agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
Agreement for Professional Services
Page 7 of 10 Res. No. 2896 Exhibit 8
CITY OF AUBURN
ekaktes _ aot-k
Charles A. Booth, Mayor
Date /Z-
ATTEST
Danielle E. Daskam, City Clerk
APPROVED AS TO FORM.
I
1 '
•
Michael J Re -olds, City Attorney
Strickland, Heischman & Hoss, Inc.
BY
Autho zed Signature
James L. loss
Print or Type Name
TITLE. Vice President
Address 3551 Bridgeport Way West
Address Tacoma WA 98466
Phone (253) 564-3230
Fax# (253) 564-3143
Federal Tax ID # 91-1448320
Agreement for Professional Services
Page 8 of 10 Res. No 2896 Exhibit 8
STATE OF WASHINGTON )
)ss.
County of Kiii# Pierce )
I certify that I know or have satisfactory evidence that James L. Hoss is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the Vice President of
Strickland, Heischman & Hoss, Inc., a Washington corporation, to be the free and voluntary
act of such party for the uses and purposes mentioned in this instrument.
Dated November 20, 1997
%%%%%%%%
_0�,...n%, ((Pt% Linda Johnston
trAn� y� Notary Public in and for the State of Washington
i �y�,_ residing at Tacoma
%9�'yh���` � 1 My appointment expires: 10/1/99
41%% WAs b
Agreement for Professional Services
Page 9 of 10 Res. No. 2896 Exhibit B
•
STATE OF WASHINGTON)
)ss.
COUNTY OF KING )
On this /to day of h, t/ , 19n, before me undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
Charles A. Booth and Danielle E. Daskam, 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. i /6, /2I-2
,,••••,nA.n.., �ma,ra a. Ai-hell
•` BST :i
.0 NOTARY 0'
—*_ = NOTARY PUBLIC IN AND FOR THE STATE OF
.o Pusuc WASHINGTON, RESIDING AT j4,,,, !!e
4, -A"WASN`ro`�� My appointment expires /o- 9- 9?
ML/bd
REF H:\ENGINEER\E97\E97-1170
Agreement for Professional Services
Page 10 of 10 Res. No. 2896 Exhibit 8
I
Date Issued
Contract No. Prev,uus NO. I
I05n7ree STM0008342 STM0006571
REAL ESTATE APPRAISERS PROFESSIONAL LIABILITY
THIS DECLARATION PACE IS ATTACHED TO AND FORMS PART OF THE MEMORANDUM OF INSURANCE
Item
NAME OF INSURER COVERAGE IS PROVIDED ON A CLAIMS MADE BASIS.
I STAR INSURANCE COMPANY PLEASE READ CAREFULLY
26600 Telegraph Road
Southfield, MI 48034
Customer ID: 112618
NAMED MEMBER.
S- CKLAND, BEISCIIMAN & HOS
2
3551 Bridgeport Way West JAN
Tacoma, WA 98466-4428 z � /.9
/�C�/ly 9y
Memorandum of Insurance Period �''r/ Op,i lat)
From: 07101)98 To; 07/01/99 Ci'FR/(SO0/
3 12:01 A.M Standard Time at the
InilS
Address Stated in Item 2
DEDUCTIBLE OR RETENTION RETROACTIVE DATE:
4 07101190
Each Claim $2,500.00
LIMIT OF LIABILITY The Limit of Liability for each claim and in the aggregate is
5 51,000,000.00 Each Claim reduced by claims expense as defined in the Memorandum of
Insurance.
$1,000,000.00 Aggregate
MAIL NOTICE OF LOSS TO AGENT LIABILITY INSURANCE ADMINISTRATORS
1616 Macapa Street
Santa Barbara, California 93101
(805)963.6624 Fax: (805)962-0652
ANNUAL PREMIUM. $4,981.00
NUMBER OF APPRAISERS: 14
I
FORMS ATTACHED AT ISSUE. 0490PL0394 1057PL0694 0491K-0394 0239PL(7/95)
I /
By
Anthoriztd Signan+re
p� 30 2f°
0128PL0997 e SO(, ,,- 342
__ — ------_
g9
ACORD,. CERTIFICATE OF LIABILITY INSURANCE DATE 4/08/98
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
BELL-ANDERSON AGENCY INC ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
330 112TH AVE NE SUITE #301 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
P 0 BOX 40509 COMPANIES AFFORDING COVERAGE
BELLEVUE WA 98015-4509 COMPANY
A AMERICAN STATES INSURANCE
INSURED - COMPANY
LEMA CONSULTING GROUP INC
compAp
410 BELLEVUE WAY SE #204 C R 7 Il in. 199 '
BELLEVUE WA 98004 C Y J
wIr
COVERAGES .., . . .... !;'lT..�/+�LL>)Fjf` 1.,,,.. . . . .,..,.... . .,.. ., - .
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN IS UED ED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED, NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT%C�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 EFFECTNE POLICY EXPIRATION LIMITS
LTR DATE(MMIDD/YY) DATE(MW/DDNY)
A GENERALLIABIUry PENDING 4/08/98 4/08/99 GENERAL AGGREGATE 52 , 000 , 000
X COMMERCIAL GENERAL LIABILITY PRODUCTS COMP/OP AGG 11, 000, 000
CLAIMS MADE X OCCUR PERSONAL A ADV INJURY $1, 000, 000
OWNER'S A CONTRACTOR'S PROT EACH OCCURRENCE $1, 000, 000
FIRE DAMAGE(Any ono 9n) $ 100, 000
MED EXP(Any ono person) $ 10, 000
AUTOMOBILE LIABILITY
COMBINED SINGLE LIMIT $
ANY AUTO
ALL OWNED AUTOS BODILY INJURY
SCHEDULED AUTOS (Per person)
HIRED AUTOS BODILY INJURY
NON OWNED AUTOS (Pef accident)
PROPERTY DAMAGE $
GARAGE LIABILITY AUTO ONLY EA ACCIDENT $
ANY AUTO OTHER THAN AUTO ONLY
EACH ACCIDENT $
AGGREGATE $
EXCESS LIABILITY EACH OCCURRENCE S
UMBRELLA FORM AGGREGATE $ _
OTHER THAN UMBRELLA FORM $
- WORKERS COMPENSATION AND 141911& ER
ER
EMPLOYERS'LIABILITY
EL EACH ACCIDENT $
THE PROPRIETOR/ INCL EL DISEASE-POLICY LIMIT $
PARTNERSIEXECUTIVE —
OFFICERS ARE EXCL EL DISEASE-EA EMPLOYEE $
OTHER
DESCRIPTION OF OPERATIONSA.00ATIONSNEHICLESBPECULL ITEMS
RE INSURED OPERATIONS
CERTIFICATE HOLDER CANCEWTION
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE
CITY OF AUBURN, DEPT-PUBLIC WK EXPIRATION DATE THEREOF THE ISSUING COMPANY WILL ENDEAVOR TO MAIL
ATTN CAROLINE BERGT 10 DAYS WRITTEN NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT,
25 W MAIN BUT FAILURE TO MAR SUCH NOTICE SHALL IMPOSE NO OBLIGATION OR LIABILITY
AUBURN WA 98001-4998 OF ANY KIND UPON THE CO ITS AGENTS OR REPRESENTATIVES.
AUTHORIZED REPRESENTATIV
SUE-LY J6 B
ACDRD RS IS (1/99) O RD CORPORATION 1988
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