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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 rP: ...n.. ML/bd 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. 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