HomeMy WebLinkAboutWashington Appraisal Services AG-C-213 AGREEMENT FOR PROFESSIONAL SERVICES
AG-C-213
THIS AGREEMENT made and entered into by and between the CITY OF AUBURN, a
Municipal Corporation in King County, Washington, hereinafter referred to as "CITY" and
Washington Appraisal Services, Inc., a Washington corporation~ whose address i:s 10020 Main
Street Suite A229 Bellevue WA 98004, 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 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 shall perform an appraisal of the White River Feed Property and
evaluate the value of the property as identified by Mike Mickiewicz of Petersc,n Consulting
Engineers or other Licensed surveyor as directed by the City, that the White River Feed
Company claims was (inversely) taken as set forth in the lawsuit filed at King Counl~ cause # 02-
2-13216-2KNT, and the valuation of temporary usage during construction of any :~uch property
of the White River Feed Co. and provide any appraisal services that may be needed for the trial.
The CONSULTANT shall provide the CITY with three (3) coPies of the appraisal review
report as assigned. Such report shall indicate a temporary use evaluation and fee values for the
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subject property. The CITY will also provide a copy of the survey by Mike Mickiewicz or other
licensed surveyor to be reviewed by the CONSULTANT.
2. TERM.
The CONSULTANT shall not begin any work under this Agreement until authorized in
writing by the CITY. The appraisal is anticipated to be completed within 45 days, and all work
under this Agreement shall be completed by December 31, 2003.
The established completion time shall not be extended because of any delays attributable
to the CONSULTANT, but may be extended by the CITY in the event of a delay '.attributable to
the CITY, or because of unavoidable delays caused by an act of GOD or govemrnental actions,
King County Superior Court actions or other conditions beyond the control of the
CONSULTANT. A prior supplemental Agreement issued by the CITY is required to extend the
established completion time.
3. COMPENSATION.
The total amount of the Agreement is not to exceed $20,000.00. Consulting services will
be provided at an hourly rate of $150.00 per hour for a MAI appraiser and $75.00 per hour for an
associate appraiser for appraisal or appraisal review and consulting work. Trial and pre-trial
assignments will be based on an hourly rate of $200.00 per hour for a MAI appraiser and $75.00
per hour for an associate appraiser.
In the event services are required beyond those specified in the Scope of Work, and not
included in the compensation listed in this Agreement, a contract modification shall be
negotiated and approved by the CITY prior to any effort being expended on such services.
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September I, 2003
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4. RESPONSIBILITY OF CONSULTANT.
The CONSULTANT shall be responsible for the professional quality, tech~tical accuracy,
timely completion and the coordination of all studies, analysis, designs, drawings, specifications,
repons 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, repons and ,other services
required. The CONSULTANT shall perform its services ~to conform to generally accepted
professional engineering standards and the requirements of the CITY.
Any approval by the CITY under this Agreement shall not in any w~Ly 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 pan from the CONSULTANT'S negligence or breach of any
of its obligations under this Agreement; provided that nothing herein shall require the
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 a:ad employees
and provided further that if the claims or suits are caused by or result from the concurrent
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September 1, 2003
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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 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 CONSULTANT shall also provide
and maintain professional liability coverage in the minimum liability limits of ONE MILLION
DOLLARS ($1,000,000) per claim and TWO MILLION DOLLARS ($2,000,000) aggregate.
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September l, 2003
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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.
Both the general liability and professional liability coverage shall provide that the
CONSULTANT'S insurance coverage shall be primary insurance as respects the CITY, its
officials, employees and agents. Any insurance or self insurance maintained by the CITY, its
officials, employees or agents shall be excess to the CONSULTANT'S insurance and shall not
contribute with it. Each insurance policy required by this section of the Agreement shall be
endorsed to state that coverage shall not be suspended, voided, 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 1.4 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
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September !, 2003
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grounds of race, color, creed, religion, national origin, sex, age, or where there is the presence of
any sensory, mental or physical handicap.
9. OWNERSHIP OF RECORDS AND DOCUMENTS.
The CONSULTANT agrees that any and all drawings, computer discs, documents,
records, books, specifications, reports, estimates, summaries and such other information and
materials as the CONSULTANT may have accumulated, prepared or obtained as part of
providing services under the terms of this Agreement by the CONSULTANT, shall belong to and
shall remain the property of the CITY OF AUBURN. In addition, the CONSULTANT agrees to
maintain all books and records relating to its operation and concerning this Agreement for a
period of 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
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.
10. CERTIFICATION REGARDING DEBARMENT~ SUSPENSION~ AND
OTHER RESPONSIBILITY MATTERS-PRIMARY COVERED TRANSACTIONS.
The prospective primary participant certifies to the best of its knowledge artd belief, that
it and its principals:
(a) Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any federal department or
agency;
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September 1, 2003
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(b) Have not within a three-year period preceding this proposal been convicted of or had
a civil judgment rendered against them for commission or fraud or a criminal offense
in connection with obtaining, attempting to obtain, or performing a public (federal,
state, or local) transaction or contract under a public transaction; violation of federal
or state antitrust statues or commission of embezzlement, theft, forgery, bribery,
falsification or destruction of records, making false statements, or receiving stolen
property;
(c) Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (federal, state, or local) with commission of any o:~' the offenses
enumerated in paragraph "(b)" of this certification; and
(d) Have not within a three-year period preceding this application/proposal had one or
more public transactions (federal, state, or local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in
this certification, such prospective participant shall attach an explanation to this proposal.
11. 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 as directed by the written notice, and (2)
deliver to the CITY all data, drawings, specifications, reports, estimates, summaries, and such
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September 1, 2003
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other information and materials as the CONSULTANT may have accumulated, prepared or
obtained in performing this Agreement, whether completed or in process.
12. GENERAL PROVISIONS.
12.1. 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.
12.2. 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. ]?ending final
decision of a dispute hereunder, the CONSULTANT and the CITY shall proceed diligently with
the performance of the services and obligations herein.
12.3. In the event that any dispute or conflict arises between the parties while this
Agreement is in effect, the CONSULTANT agrees that, notwithstanding such dispute or conflict,
the CONSULTANT shall continue to make a good faith effort to cooperate and continue work
toward successful completion of assigned duties and responsibilities.
12.4. The CITY and the CONSULTANT respectively bind themselves, their partners,
successors, assigns, and legal representatives to the other party to this Agreement with respect to
all covenants to this Agreement.
12.5. This Agreement represents the entire and integrated Agreement between the CITY
and the CONSULTANT and supersedes all prior negotiations, representations or agreements
either oral or written. This Agreement may be amended only by written instrument signed by
both the CITY and the CONSULTANT.
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September 1, 2003
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12.6. 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.
12.7. The CONSULTANT agrees to comply with all local, state and federal laws
applicable to its performance as of the date of this Agreement.
12.8. If any provision of this Agreement is invalid or unenforceable, the remaining
provisions shall remain in force and effect.
12.9. This Agreement shall be administered by Fred Strickland, on behalf of the
CONSULTANT, and by the Mayor of the CITY, or designee, on behalf of the CITY. Any
written notices required by the terms of this Agreement shall be served on or mailed to the
following addresses:
City of Auburn
Attn: Scott Nutter
25 W Main Street
Auburn WA 98001
Phone: 253.804.5068
Fax: 253.931.3053
E-mail: snutter~ci.aubum.wa.us
Washington Appraisal Services, Inc.
Attn: Garrett W. Waldner MAI
10020 Main Street Suite A229
Bellevue WA 98004
Phone: 425.453.1456
Fax: 425.369.0191
E-mail: gwaldner~aol.com
12.10. All notices or communications permitted or required to be giw~n under this
Agreement shall be in writing and shall be delivered in person or deposited in the United States
mail, postage prepaid. Any such delivery shall be deemed to have been duly given if mailed by
certified mail, return receipt requested, and addressed to the address for the partly set forth in
12.9, or if to such other person designated by a party to receive such notice. It is provided,
however, that mailing such notices or communications by certified mail, return receipt requested
is an option, not a requirement, unless specifically demanded or otherwise agreed.
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September I, 2003
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Any party may change his, her, or its address by giving notice in writing, stating his, her,
or its new address, to any other party, all pursuant to the procedure set forth in this section of the
Agreement.
12.11. This Agreement may be executed in multiple counterparts, each of which shall be
one and the same Agreement and shall become effective when one or more counterparts have
been signed by each of the parties and delivered to the other party.
Peter B Lewis, Mayor
Date
ATTEST:
'Dam'~lle E. Daskam, City Clerk
APPROVED AS TO FORM:
Da~
WASHI~~P~ISAL SERVICES, INC.
Federal Tax ID
File: H:\CONSULTANTS~GREEMENTSk2003L4.GC213 AGREEMENT.DOC
Agreement for Professional Services AG-C-213
September I, 2003
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CONSULTANT INVOICES
Consultant invoices should contain the following information:
· On consultant letterhead.
· A cover letter stating the status of each task. This should include items completed, percent
completed during the billing period and completion along with funding status.
· Internal invoice number and/or sequential numeric number (i.e.: progress payment # 10).
· Invoice date.
· Period of time invoice covers.
· Consultant Agreement # (i.e.: AG-C-010).
· Project number(s) listed (i.e.: PR562).
· City's project manager listed.
· The hour(s) per person broken down by task(s) (attach timesheets, spreadsheet detailing
timesheets, or some other form of proof) along with type of work done (i.e.: design, right-of-
way, or construction) or task order number.
· Direct salary (base salaries)
· Indirect salary (benefits)
· Direct non-salary (i.e.: mileage, reproduction fees (i.e.: printing, copying), communication
fees (i.e.: telephone), supplies, computer charges, subconsultants), indirect non-salary
(overhead). The City does not pay for consultant meals unless part of a task requires travel
outside of the greater Seattle, Tacoma, and Everett area. These costs are to be broken down
and backup information is to be attached to invoice. Project managers are to infi>rm
consultants as to what is required for break down information and if backup information is to
be attached. Break out the same for subconsultant charges.
· Previous and remaining base contract amounts left in each task and total contract - total
authorized amount (bottom line figure). Add amendments to this base contract mnount for
total authorized amount.
· Percentage of work completed to date compared to total amount of work (if required by the
project manager).
· Status of Management Reserve Fund (MRF) (i.e.: a certain task) until we can gel: an
amendment in place.
· Invoices for previous year is due by January 15th.
· For grant/special funded projects there might be other special information needed, reference
the LAG manual.
SAMPLE INVOICE
City of Auburn
25 West Main
Auburn WA 98001
Attn: Peter Gates (Project Manager)
Agency Agreement #: AG-C-010
Engineering Services performed during the period of: January 2001
Invoice #: 5222
Progress Payment #: 2
Invoice Date: February 10, 2001
Project Name: Thomas Nelson Farm
Project #: PR562
SAMPLE ENGINEERING, INC.
Personnel
Hours Hourly Rate
Amount
Mike Jones, Principal in Charge
Carla Maker, Architect
Joe Smith, Word Processing
Consultant Personnel Sub Total:
I $125.00 $125.00
5 $ 72.00 $144.00
10 $ 48.00 $480.00
$749.00
Expenses (see attached documentation) Charges
Mileage ($0.345/mile): 20 miles
Communications: $30.00
Printing: $29.00
Multiplier Total
x 1.1 $ 7.59
x 1.1 $33.00
x 1.1 $31.90
Consultant Expenses Sub Total:
$72.49
Consultant Total:
$821.49
SUB CONSULTANTS
Subconsultant (see attached documentation)
Hours Hourly Rate Amount
10 $100.00 $1,000.00
5 $100.00 $ 500.00
10 $100.00 $1,000.00MRF*
2 $100.00 $ 100.00
$2,600.00
$ 260.00
ABC ENVIRONMENTAL, INC., Civil Engineer
ELECTRICAL CONSULTING, Electrical Engineer
MECHANICAL SOLUTIONS, Mechanical Engineer
MOVING COMPANY, Moving Consultant
Subconsultant Sub Total:
x 1.1 Multiplier:
SubconsultantTotah
$2;860.O0
TOTAL DUE THIS 1NVOICE
................................................. $3,681.49
CONTRACT BREAKDOWN
Amount Prior This Total Invoiced % % Amount
Task Authorized lnvoiced Invoice To Date Expended Completed Remaining
Original
Contract $22,000 00 $1,025 00 $2,681 49 $3.706 49 200 o n
....................................................................... : ...................................................... :~ .................................................................... : ..................................................................... : ................. [E ................ 25Vo $18,293.51
MRF* $2,500.00 $0.00 $1,000.00 $1,000.00 40% ~'~ g/; ' '~ i i'~'~1'66'"
TOTAL $24,500.00 $1,025.00 $3,681.49 $4,706.49 $19,793.51
Note: MRF=Management Reserve Fund
* Received a written authorization of MRF on 1/10/01 for Mechanical Engineer task in the amount of
$2,000.00.
AMENDMENT # 1 TO AGREEMENT # AG-C-213 BETWEEN
THE CITY OF AUBURN AND WASHINGTON APPRAISAL SERVICES INC
RELATING TO PR562, SOUTH 277'" STREET RECONSTRUCTION
APPRAISAL SERVICES
THIS AMENDMENT is made and entered into this~_.~~ day of ~~' 20CL~,
by and between the CITY OF AUBURN, a municipal corporation of the StatE; of
Washington (hereinafter referred to as the "CITY"), and Washington Appraisal Services
Inc (hereinafter referred to as the "CONSULTANT"), as an Amendment to the
Agreement between the parties for AG-C-213 executed on the 15th day of October
2003.
The changes to the agreement are described as follows:
1. CONTRACT TERM: The term of the Agreement for Professional Services is
extended to June 30, 2004.
2. SCOPE OF WORK: There is no change in the scope of work.
3. COMPENSATION: There is no change to the amount authorized in the original
agreement.
REMAINING TERMS UNCHANGED: That all other provisions of the Agreement
between the parties for AG-C-213 executed on the 15th day of October 2003, shall
remain unchanged, and in full force and effect.
IN WITNESS WHEREOF the parties hereto have executed this Agreement as of the
day and year first above written.
, ' Aut~gnature"B~/'i (~-~_kw"~- ~ ~- Peter B. Lewis, Mayor ~
~EST (Optional): -~ ATTEST:
s: ~~~ ..... Danielle E. Daskam, Auburn City Cle~
Approved a~ptional):
Ap~ as~ form: ~ ~
~1~~~//'
A~orney for (Other Pa~y) Da~~fforney
Amendment No. I for Agreement No. AG-C-213
Washington Appraisal Services lnc
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