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HomeMy WebLinkAbout3309 RESOLUTION NO. 3 3 0 9 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, AUTHORIZING THE MAYOR AND THE GITY CLERK TO .. - EXECUTE AN AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY AND CERTIFIED LAND SERVICE8 CORPORATION FOR THE PURPOSE OF PROVIDING REAL PROPERTY NEGOTIATION AND RELOCATION ASSIGNMENTS DURING THE 2001 YEAR. THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, IN A REGULAR MEE'TING DULY ASSEMBLED, HEREWITH RESOLVES AS FOLLOWS: Section 1. The Mayo� and the City Clerk. of the City of Auburn are hereby authorized to execute an Agreement for Professional Services with CERTIFIED LAND SERVICES CORPORATION to provide real property negotiation and relocation services for the City of Aubum during the year 2001. A copy of said Agreement is attached hereto, designated as Exhibit "A" and incorporated by reference in this Resolution. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of #his legislation. Resolution No.3309 December 14, 2000 Page 1 e� � fNAC� DATED and SIGNED fhis ,5 day of daRaarqr 2001. CITY OF AUBURN �� �.�� CHARLES A. 600TH MAYOR ATTEST: G�� � Darn Ile E. Daskam, City Clerk APPROVED AS TO FORM: Michael J. Reynolds, City Attorney Resolution No.3309 December 14, 2000 Page 2 . : "� 2001 AGREEMENT FUR PROFESSIONAL REAL PROPERTY NEGOTIATION AND RELOCATION SERVICES AG-G-129 _ _ __. _ . THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a . _.. Municipal Corporation in King County, Washirigton,hereinafter referred to as "CITI"' and with Certified Land Services Corporation, a Washington Corporation, whose address is 4535 44�' Avenue SU✓, Seattle, WA 98116,hereinafter referred io as "CONSULTANT". In consideration of the covenants and conditions of this Agreement,tlie parties hereby agree as follows: 1. SCOPE OF WORK. ' The CONSULTANT shall provide to the CITY real property negotiation and relocation services,as directed, in accordance with Washington State Department of Transportation(WSDO'1� and Local Agency Guidelines (LAG) and the Uniform Relocation Assistance and Real Property Aoquisition Policy Act, hereby made a part of this contract and incorporated by this reference as if set foith in fu1L CITY employs CONSiJLTANT for the purpose of acquiring necessary property rights including,but not limited to, right-of-way, easements, fee simple and the relocation of displaced persons resulting from Ciry-wide construc6on projects, and other relatednegotiation functions in accordance with local, state and federal guidelines. T'he CONSiJLTANT, on a project basis, will be given individual work task orders (see eicacriple page 14) for each negotiation or relocation assignment. Work task Qrders shall consist of a coinplete descripdon of the actual negotiations or relocation work,necessary property rights required, completion dates and coinpensation. The CITY shall also provide:the CONSULTANT with right-of:way maps, construction plans, appraisals,title reports, Offer to. Purchase, deed/easement forms, legal description and other necessary information to complete, each work task order. An approved work task ocdershall be required between the Resolution # 3309 Exhi6it A Agreement for Professional Services AG-C-729 � Pege i of 14 . CONSULTANT and the CITY prior to commencing any real property negotiation or relocation services. In the event negotiations for the ac:quisition of necessary interest on any real property are unsuccessful, CONSLJLTANT will dociiment in full efforts in a memorandum addressed to the CITY Attomey for the purpose of aiding the CITY in commencing eminent domain proceedings. CONSULTANT will complete all negotiations within ttie tnne allowed and stated per each appmved individual work task order. Any real property acquisition which negotiations haye not been completed within the time allowed.shall be retumed to the CITI'. Additional time for compleUon for any particalar negotiations may be allowed as provided by tHe CITY. Forpurposes of this Contract, completed negotiations shall mean either the successful completion of acguisition by the CONSiJLTANT of the interest in real pmperry sought by the CITY or the refusal of an owner, leaseholder_or tenant of real property to accept the CITY'S final offer of compensaUon andsubinission of CONSULTANT'S rimemorandum to the CITI'as directed in section fourteen(14)of this Agreement. The CITY Attorney shall determine if said real property has been successfully acquired and supporting data such as, but not limited to, Death CeRificates, Waiver of Claims by underlying interest holders,caazi be reguired from the CONSiJLTANT. In all cases requiring signatures by corporate officers, documentation verifying these signatures stiall be submitted. The CONSULTANT agtees to docdinent all transaotions regarciing real property negotiation or relocation services involving each acqdisition and all sdch documentation shall be made promptly available to the CITY upon request. 2. TERM. The CONSULTANT sha11 be available on an on-call basis,to provide professional real property negotiation and relocatiori services described.in the above Pazagraph 1 to the CITY --------------------------- Resolution M 3309 Exhibit A Agreement for Professionel Se�vices AG-C-729 Page 2 of 14 throughout the 2001 calendar year. Real property negotiation or relocation assigiunents shall commence when individual work task orders aze approved between the CONSiJLTANT and the CITYand upon the CONSULTANT providing a Certificate of Insurance to the CITY. Work task orders shall include the numb.ei of days each assignment is to be completed from the date of the appmded indiVidual wbrk task order. 3. COMPENSATION. 1'he CONSULTANT shall be paid by the CITl'for completed services rendered under the approved individual work task orders for each assignmeat. 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 wo;k. The CONSLTLTANT 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 rates as shown on the attached Table 1 for negotiation and relocation services. Compensation shall include all consultant expenses including, but not limited to, overhead, gmfit,and direct non-salary costs and shall not exceed that amount shown on each approved individual work task order under this contract. CONSULTANT shall not be paid for any work extending beyond the"NOT TO EXCEED"figiire without prior written approval from the CI'TY. The total amount of this Agreement is not to exceed$50,000.00. The CONSULTANT shall be paid by the CITY fordirect non-salary cost, Table 1 attaclied, at the actual cost to ttie CONSULTANT. Table 1 is attacHed Hereto and by reference made a part of this Agreement. These charges may include, but aze not limited to the following items: recording,notary fees, pazking,mileage, and travel. Mileage is for travel in-between Seattle office and the City of Auburn and/or owner/negotiarion location. Air ortrain travel will only be reimbursed to economy class levels unless regulations regarding travel costs in --------------------------- Resolution #3309 Exhibii A � . Agreement for Professional Ser4ices AG-C-729 Pege 3 of 14 � accordance with the Washington State Department of Transportation Directive D 13;50 and revisions thereto. The billing for non-sal_ary cost�direcdy identifiable with the project, sha11 be itemized listing of charges supported by copies of the:original bills, invoices, expense accounts _ ___ and;iniscellaiieous suppoiting data retairied by the CONSULTANT. Copies of the original supporting documents shall be supplied to the CITY upon request. All above charges must be necessary for tfie services provided underthe Agreement. _ __ _ _ _ . CONSLJLTANT will obtain tHe prior written approval from ttie CITY befoie offering compensation to any interest in a real property acquisition in excess of the amount shown on.the OFFER TO PURCHASE from originally submitted to the CONSLTLTANT by the CITY. In the event services beyond those.specified in the Scope of Work, and not included in the compensation listed in this Agreement are required;a contract modificafion shall be negoriated and approved by the CITY prior to any efFort,being expended on such services. 4. RESPONSIBILII'Y OF CONSULTANT. The GONSULTANT sha11 be responsible for the professional quality,technical accuracy;timely completion, and othe;servicesperfo;med by the CONSULTANT under this Agreement. Tlie CONSULTANT shall,without additional comp.erisation,correct or revise any errors, omissions or other deficiencies in its work and other services required within 10 days from the date of CITY reguest. The CONSiJLTANT shall perform its services to confo;m to gerie"rally accepfed professiorial appraisal or appraisal reView standards and the reqnirements of the CITY. The CONSULTANT shall delivei a weekly report of the resnlfs of negotiations, working time, and business expenses on assigned projects under specific task orders. The CONSiJLTANT shall assure that no less then three personal contacts aze made with each interested party(owner) in oider to acquire valid title:to needed property rights as shown on the project map ar as instructed in writing by the CITY. The CONSiJLTANT shall on the first(but Resolution�# 3309 Exhibit A Agreeioent fo� Professionel SerJices �AG-L-729 . Page 4 of 14 � no later than the second) contact explain the CITY'S offer orally arid in writing and'request execution of appropriate,conveyance by the owner to the CITY of needed rights-of-way in consideration of the amount of the offer made. The CONSULTANT shall provide relocation assistance to persons or businesses that will be di_splaced;compute relocarion benefits,monitors progress of individual relocation, and work within tlie reqnirements of the Uniform Relocation assistance and Real Property Acquisition Act. The:CONSULTANT shall work:such days and hours as may be necessary to meet with interested property owners that may no4 be ayailable during regnlar working days oi Hours. 'The CONSULTANT shall abide by decisions made tSy the CITY on questions concerning acceptability of work performed on the project. All decisions -made by the CITY are fina1.. The CONSULTANT shall remove any employee from assignment io the pioject immediately upon written request by the CITY. Any approval by the CITY under this Agreement shall not in any way relieve the CONSiJLTANT of responsibili,ty forthe technical accuracy and adeguacy of its services: Except as otherwise pcoVided herein,neither the CITY'S review, approval or acceptance of, nor pay"ment for, any of tt►e services sliall be constrd"ed to bpeiate as a waive.i of any rights under this Agreemenf ar of any cause of action arising out of the performance of this Agreement to the full extent of the law. 5. INDENINIFICATION/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;demarids, _ or suits at law or equity arising in whole or in part from the CONSULTANT'S negligence or 6reach of ariy" of its obligauon§undar fliis Agreemerit;provided tliat nothing herein shall require the CONSiJLTANT to indemnify the CITY against and hold hannless the CITY from claims, demands or suits based solely upon the conduct of the CITY,theiragents;offcers and employees and proVided fuither tliat if the claims or:suits are caused by or iesdlt from the --------------------------- Resolution # 3309 Exhibit A Agreement� for Professional Services AG-C-129 , - Page 5 of 74 � concurrent negligence of(a)the CONSULTANT'S agents oi employees and(b)the CITY,their agents,afficers and employees, this indemnity provision with respect to (1)claims or suits liased 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 CONSiJLTANT'S negligence or the negligence of the CONSULTANT'S agents or employees. The provisions of this:section shall survive flie expiiaUon or termination of this Agreement. 6. INDEPENDENT CONTRAGTOR/ASSIGNMENT. The parties agree and understand tliat the CONSLJLTANT is an independent contractor and not the agent or employee of the CITY and that no liability shall attach fo the CITY by reason of entering into this Agreement except as othenvise provided herein. The parties agree that this Agreeinent may not be assigned in whole or in part withoutthe written consent of the GITY. 7. INSURANCE. CONSULTAIVT shall procnre and maintain for the duration of this Agreement, commercial general liability insurance against claims for injuries to per"sons ar damage to property which may arise from orin conjunction with services provided to the CITY by the _ . CONSiJLTANT, its agents, employees or subcontractors,urider this Agreement. The CONSIJLTANT agrees to provide commeicial general.liability`insurance aiid stiall maintain liability limits of no less then ONE MILLION DOLLARS ($1,000,000)per occurrence and ONE MILLION DOLLARS ($1,0.00,000) general aggregate.. T'he CONSiJLTANT shall also prodide and maintain professional liab.ility coverage in the minimum liability limits of ONE MILLION DOLLARS($1,000,000)per claim and ONE MILLIbN DOLLARS ($1,0.0.0;000) 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 --------------------------- Resolution # 3309 , � Exhibit-A ' Agreement for ProfessioneL Ser4ices AG•C-129 Page 6 of 14 the services or responsibilities performed by or under obligation of the CONSULTANT undec the terms of this Agreement,bythe CONSiJLTANT,i;s.employees,agents and subcontractors. B.oth the general liability and professional liability coverage:shall provide that the CONSLJLTANT'S insdrance 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 CONSiJLTANT'S insurance and shall not contribute with it. Each insnrance policy required by this section of the Agreement shall be endorsed to state that coverage shall not be suspended, voiiied, or canceled except when thirty (30) d.ays prior written notice has been given to the CITI'by certified mail return receipt requested. All insurance shall be obfained from an insurance company authorized to do business in the 5tate of Washington. The CONSULTANT agrees to provide copies of the certificates of insurance to the CITY specifying the cove;age required by this section within 14 days of the execu6on of tlus Agreeinent. The CI'I'Y reserves the right to require that complete, certified copies of all required insurance policies be.submitted to the CITY at any fime: The CITY will payno progress payments under Section 3 until the CONSiJLTANT has fully complied with this section. 8. NONDISCRIMINATION. The CONSiJLTANT may not discriminate regazding any services or activities to wluch this Agreement may apply directly or through contractual,hiring, or other arrangements on the grounds of race, color, creed,religion, national origin, seic,age, or where there is the presence of any sensory, mental or physical handicap. 9. OWNERSffiP OF RECORDS AND DOCUMENTS. The CONSULTANT agrees that any and all computer discs, documents, records; and such other information and materials as the GONSiJLTANT may have accumulated, prepared or obtained as part of providing serVices under the terins of this Agreement by the Resolution #�3309 Eichibit A Agreement for Professionel Services AG-C-129 Page 7 of 14 CONSULTANT, sha11 belong to and shall remain the property of the CIT'Y OF AUBURIV. In addi6on,the CONSULTANT agrees to maintain all books and records relafing to its operation and conceming this Agreement for a period of six(6) years following the date tliat this Agreement is expired or otherwise terminated. The CONSiJLTANT fiuther agrees that the CITY uiay inspect any and all documents held by the CONSIJLTANT and;elating to this Ageement upon good cause at any reasonable time within the six(6)year period. The CONSULTANT aiso agrees to provide to the CITY,at the CITY'S request, the originals of all drawings, documents, and items specified in this Secrion and information compiled in providing services to the CITY under the terius of this Agieement. 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 exfensions 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, inderciiufy and hold fiarmless the CONSULTANT from all claims, damage and expenses including attorney's fees arising out of such unauthorized reuse of the CONSULTANT'S drawings, computer discs; docnments,record books, specifications, reports, estimates, summaries and such other information and materials by the CITY, its officials, employees, agenu, or others that may obtain the information from the CIT'Y. _ _ . 10. TERMINATION OF AGREEMENT. T'his Agreement may be terminated by either party upou twenty (20)days written notice to the other party, and based upon any cause. In the event of terminadon due to the fault of other(s)than the CONSULTANT,the CONSULTANT sha(1 be paid by the CITY for services pe=formed to the date of termiciation. Upon receipt of a termination notice under the above paragaph,the CONSULTANT shall(1)promptly discontinue:all services affected as directed by the written notice;and(2)deliver to the CITY all data, drawings, specifications,reports,estimates, --------------------------- Resolutiae# 3309 Exhibit A Agreement for Professionel Serviees AG•C-129 � Page 8 of 14 summaries, and such other information and materials as the CONSiJLTANT may have accumulated,prepared or obtained in performing tHis Agreement, whether completed or in process. 11. GENERAL PROVISION5. 11:1. This Agreement shall be governed by the laws, regulations and ordinauces 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� __ _. _ wi116e decided by a court ofcompetent jurisdiction in King County, Washington. Pending final decision of a dispute hereunder,the CONSiJLTANT and the CITY sha11 proceed diligeritly wiffi the performance of the serdices and obligafions herein. 113. The CITY and ttie CONSULTANT respecrively bind themselyes,their partners;successors, assigns, and legal representatides to the other party fo this Agreeinerit with respect to all covenants to this Agreement: 11.4. This Agreeinent represents the entire and integrated Agreement between the CITY and the CONSiJLTANT and supersedes all priornegotiatioiis,representations oi agreements either o;al or written: This Agreement may be amended only by written instrument signed liy both the CITY and the CONSULTANT. 11.5: Should it become necessary to enforce any teim or obligation of this Agreement;then alt costs of enforcement including reasonable.aftorneys fees and expenses and c.ourt costs shall be paid to the substantially prevailing party: 11.6. The CONSULTANT agrees to complywith all local, state and federal laws applicable to ifs performance as of tlie date of this Agreement. Resolution # 3309 ExhiDit A � Agreemmt for Professional Services AG-C-129 Page 9 af 14 � 11.7. If any provision of this Agreement is invalid or dnenforceable,the remaining pmvisions shall remain in force and effect. , Resolution # 3309 ' Exhibit A Ag�eement for Profesefonal Services AG-C-129 Pege 10 of 14 CITY OFAUBURN \.�'�'�"'_I�1' �oc.`_� -- Charles A. Booth, Ivlayor Date 4 02 = O �7—6 J ATTEST: ���'.�y112suu'icu�/ Danielle E: Daskam, City Clerk APPROVED AS TO FORM: _ _. Mioliael J. Reynolds, City Attorney Certi£ed Land Service"s Corporation BY: � Title; Address: 4535 44`_"Avenue.SW Addres§: Seattle.WA 98416. Phone;f206)287-9858 Fax#;(2601382-4480 Federal Tax ID:#: 91=1990392 --------------------------- Besotution # 3309 Exliibit A , Agreement for Professional Ser4ites RG-C-729 Page 71 �of 14 I . TABLE 1 CERTIFIED LAND SERVICES CORPORATION ON-GALL CONTRACT ,AG-C-129 FEE SCHEDULE LABOR CATEGORY HOURLY RATE Senior Project Manager $i10.00 Senior Negotiator/Relocation Agent $70.00 Negotiator/Relocation Agent $55,00 Adininistrative Supporf $35.00 Resolution # 3309 Exhibit A Agreement tor Professional Services AG-C-129 Page 72 of 74 . ; � TABLE 1 (Page 2 of 2) CERTIFIED LAND SERVICES CORPORATION ON-CALL CONTRACT AG-C-129 ' DIRECT NON-SALARY REIMBURSABLE EXPENSES • Recording Fees • Notary Fees o Parking Fees o Mileage at$0345/mile or the current approved IRS rate for trauel in-between Seattle o�ce and the City of Aaburn and/or owner/riegotiation location • Actual travel expenses under the limits as set forth in tlie cnrrent Washington State Deparlment of Transportation Interim directive ID 13=50,Travel Expenses. It is understood that all reimbursements are.aTcost. _ _ . Subcontracts: The CONSULTANT, at.the CITY'S reqnest stiall enter into subcontrdcts with other consultants, such as appraisers and/or environmental consultants, eta If approved,the , CITY shall reimbprse the CONSULTANT forthe actual cost of the subcontracts plus a 10% markup to cover the CONSULTANT'S additional overhead expense associated with the Subcontract. /aw REF: H:\CONSULTANT�AGREEMENTS�2001WGG129AGREEMENT.DOC. Resolution #-3309 Exhibit A tigreemeat for ProfessioneL Ser4ices AG-C-729 . Page �73� of 14 � , . ; Date: ANNUAL CONTRAGTS TASK ASSIGNMENT DOCUMENT AGREEMENT#: TASK#: CONSULTANT: PROJECT#: The general piovisions and clauses of Agreement referenced above shall be in full force:and effeot for tHis Task Assignment. Location of Project: Maximum Amount Payable Per Task Assignment: Completion Date: Description of Work: (Note attachments and give brief descriprion) Agency Project.Manager: Signature: _ Date: Oral Authorization Date: See Letter Dated: Consultant Signature: Date:. � If over$5,000 the Mayormust sign here: Signatdre: Date: _ _ _ _ Note: If this task order is over$25,000 ttien it must go before the Public Works Committee and City Council for approval prior to ttie mayor's signatiire. cc: Ed Knight& Engineering Aide Resolution # 3309 Exhibit A Agreement for Professional Serviees AG-C-729 Page 14 of 14