HomeMy WebLinkAbout5.689 Original Contract
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AGREEMENT FOR PROFESSIONAL SERVICES
BETWEEN THE
THE CITY OF PORT ANGELES
AND
APPRAISAL GROUP OF THE NORTHWEST LLP
RELATING TO: RAYONIERPROPERTY APPRAISAL
THIS AGREEMENT is made and entered into this c;Jtft- day of September, 2004, by
and between THE CITY OF PORT ANGELES, a non-charter code city of the State of
Washington, (hereinafter called the "CITY") and Appraisal Group of the Northwest LLP,
a Washington Corporation (hereinafter called the "CONSULTANT").
WHEREAS, the CITY desires an appraisal of a portion of the Rayonier Property for
added stormwater and wastewater treatment facilities, and
WHEREAS, the CITY desires to engage the professional services and assistance of a
qualified consulting firm to perform the scope of work as detailed in Exhibit A, and
WHEREAS, the CONSULTANT represents that it is in full compliance with the statutes
of the State of Washington for applicable requirements, and
WHEREAS, the CONSULTANT represents that it has the background, experience, and
ability to perform the required work in accordance with the standards of the profession,
and
WHEREAS, the CONSULTANT represents that it will provide qualified personnel and
appropriate facilities necessary to accomplish the work;
NOW, THEREFORE, in consideration of the above representations and the terms,
conditions, covenants and agreements set forth below, the parties hereto agree as follows:
I SCOPE OF WORK
The scope of professional services to be performed and the results to be achieved by the
CONSULTANT shall be as detailed in the attached Exhibit A and shall include all
services and material necessary to accomplish the work.
The CITY may review the CONSULT ANT'S work product, and if it is not satisfactory,
the CONSULTANT shall make such changes as may be required by the CITY. Such
changes shall not constitute "Extra Work" as related in Section XII of this Agreement.
The CONSULTANT agrees that all services performed under this Agreement shall be in
accordance with the standards of the profession and in compliance with applicable
federal, state and local laws.
The Scope of Work may be amended upon written approval of both parties.
II OWNERSHIP OF DOCUMENTS
Upon completion of the work, all documents, exhibits, photographic negatives, or other
presentations of the work shall become the property of the CITY for use without
restriction and without representation as to suitability for reuse by any other party unless
specifically verified or adapted by the CONSULTANT. However, any alteration or reuse
of the documents, by the City or by others acting through or on behalf of the City, will be
at the City's sole risk.
III DESIGNATION OF REPRESENTATIVES
Each party shall designate its representatives in writing. The CONSULT ANT'S
representative shall be subject to the approval ofthe CITY.
IV TIME OF PERFORMANCE
The CONSULTANT may begin work upon execution of this Agreement by both parties.
The work shall be completed in 60 days in accordance with the schedule set forth in the
attached Exhibit A.
V PAYMENT
The CITY shall pay the CONSULTANT as set forth in this section of the Agreement.
Such payment shall be full compensation for work performed, services rendered, and all
labor, materials, supplies, equipment and incidentals necessary to complete the work.
A. Payment shall be on the basis of the CONSULTANT'S lump sum fee as set forth in
the attached Exhibits A.
B. The CONSULTANT shall submit invoices to the CITY on a monthly basis. Invoices
shall detail the activity in the Scope of Work to which the costs are related; and shall
indicate the cumulative total for each task.
C. The CITY shall review the invoices and make payment for the percentage ofthe
project that has been completed less the amounts previously paid.
D. The CONSULTANT invoices are due and payable within 30 days of receipt. In the
event of a disputed billing, only the disputed portion will be withheld from payment.
E. Final payment for the balance due to the CONSULTANT will be made upon the
completion ofthe work and acceptance by the CITY.
F. Payment for "Extra Work" performed under Section XII ofthis Agreement shall be
as agreed to by the parties in writing.
VI MAXIMUM COMPENSATION
Unless otherwise agreed to in writing by both parties, the CONSULT ANT'S total
compensation and reimbursement under this Agreement, including labor, direct non-
salary reimbursable costs and outside services, shall not exceed the maximum lump sum
fee of$12,900.00.
VII Independent Contractor Status
The relation created by this Contract is that of employer-independent contractor. The
Contractor is not an employee of the City and is not entitled to the benefits provided by
the City to its employees. The Contractor, as an independent contractor, has the authority
to control and direct the performance of the details of the services to be provided. The
Contractor shall assume full responsibility for payment of all Federal, State, and local
taxes or contributions imposed or required, including, but not limited to, unemployment
insurance, Social Security, and income tax.
VIII EMPLOYMENT
Employees of the CONSULT ANT, while engaged in the performance of any work or
services under this Agreement, shall be considered employees of the CONSULT ANT
only and not of the CITY, and claims that may arise under the Workman's Compensation
Act on behalf of said employees while so engaged, and any and all claims made by a
third party as a consequence of any negligent act or omission on the part of the
CONSULTANT'S employees while so engaged, on any of the work or services provided
to be rendered herein, shall be the sole obligation and responsibility of the
CONSULTANT.
In performing this Agreement, the CONSULT ANT shall not employ or contract with any
CITY employee without the City's written consent.
IX NONDISCRIMINATION
The CONSULTANT shall conduct its business in a manner, which assures fair, equal
and non-discriminatory treatment of all persons, without respect to race, creed or national
origin, or other legally protected classification and, in particular:
A. The CONSULTANT shall maintain open hiring and employment practices and will
welcome applications for employment in all positions, from qualified individuals
who are members of minorities protected by federal equal opportunity/affirmative
action requirements; and,
B. The CONSULT ANT shall comply with all requirements of applicable federal, state
or local laws or regulations issued pursuant thereto, relating to the establishment of
non discriminatory requirements in hiring and employment practices and assuring
the service of all persons without discrimination as to any person's race, color,
religion, sex, Vietnam era veteran status, disabled veteran condition, physical or
mental handicap, or national origin.
X SUBCONTRACTS
A. The CONSULTANT shall not sublet or assign any of the work covered by this
Agreement without the written consent of the CITY.
B. The CONSULTANT will be using the firms submitted with its proposal as
subcontractors. Subcontractors other than those listed shall not be permitted without
the written consent of the CITY.
C. In all solicitation either by competitive bidding or negotiation made by the
CONSULTANT for work to be performed pursuant to a subcontract, including
procurement of materials and equipment, each potential subconsultant or supplier
shall be notified by the CONSULTANT of Consultant's obligations under this
Agreement, including the nondiscrimination requirements.
XI CHANGES IN WORK
Other than changes directed by the CITY as set forth in Section I above, either party may
request changes in the scope of work. Such changes shall not become part of this
Agreement unless and until mutually agreed upon and incorporated herein by written
amendments to this Agreement executed by both parties.
XII EXTRA WORK
The CITY may desire to have the CONSULT ANT perform work or render services in
connection with this project, in addition to the Scope of Work set forth in Exhibit A and
minor revisions to satisfactorily completed work. Such work shall be considered as
"Extra Work" and shall be addressed in a written supplement to this Agreement. The
CITY shall not be responsible for paying for such extra work unless and until the written
supplement is executed by both parties.
XIII TERMINATION OF AGREEMENT
A. The CITY may terminate this Agreement at any time upon not less than ten (10) days
written notice to the CONSULTANT. Written notice will be by certified mail sent to
the consultant's designated representative at the address provided by the
CONSULTANT.
B. In the event this Agreement is terminated prior to the completion ofthe work, a final
payment shall be made to the CONSULTANT, which, when added to any payments
previously made, shall compensate the CONSULTANT for the percentage of work
completed.
C. In the event this Agreement is terminated prior to completion ofthe work,
documents that are the property of the CITY pursuant to Section II above, shall be
delivered to and received by the CITY prior to transmittal of final payment to the
CONSULTANT.
XIV INDEMNIFICATION/HOLD HARMLESS
The CONSULT ANT agrees to indemnify the CITY from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of the CONSULTANT, CONSULTANT
employees, affiliated corporations, officers, and subcontractors in connection with the
work performed under this Agreement.
The CITY agrees to indemnify the CONSULTANT from any claims, damages, losses,
and costs, including, but not limited to, attorney's fees and litigation costs, arising out of
claims by third parties for property damage and bodily injury, including death, caused
solely by the negligence or willful misconduct of the CITY, CITY's employees, or agents
in connection with the work performed under this Agreement.
If the negligence or willful misconduct of both CONSULTANT and CITY (or a person
identified above for whom each is liable) is a cause of such damage or injury, the loss,
cost, or expense shall be shared between the CONSULTANT and the CITY in proportion
to their relative degrees of negligence or willful misconduct and the right of indemnity
shall apply for such proportion.
Should a court of competent jurisdiction determine that this Agreement is subject to
RCW 4.24.115, then, in the event ofliability for damages arising out of bodily injury to
persons or damages to property caused by or resulting from the concurrent negligence of
the CONSULTANT and the CITY, its officers, officials, employees, and volunteers, the
CONSULTANT'S liability hereunder shall be only to the extent of the CONSULTANT'S
negligence. It is further specifically and expressly understood that the indemnification
provided herein constitutes the CONSULTANT'S waiver of immunity under Industrial
Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive
the expiration or termination of this Agreement. However, the CONSULTANT
expressly reserves its rights as a third person set forth in RCW 51.24.035.
XV INSURANCE
The CONSULTANT shall procure and maintain for the duration of the Agreement,
insurance against claims for injuries to persons or damage to property which may arise
from or in connection with the performance of the work hereunder by the
CONSULTANT, its agents, representatives, employees or subcontractors.
The CONSULTANT shall provide a Certificate of Insurance evidencing:
1. Automobile Liability insurance with limits no less than $1,000,000 combined single
limit per accident for bodily injury and property damage; and,
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 combined single limit per occurrence and $2,000,000 aggregate for
personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations; broad form property
damage; explosion, collapse and underground (XCU) if applicable; and employer's
liability; and,
Any payment of deductible or self-insured retention shall be the sole responsibility of the
CONSULTANT.
The CITY shall be named as an additional insured on the Commercial General Liability
insurance policy, as respects work performed by or on behalf of the Consultant and a
copy of the endorsement naming the CITY as additional insured shall be attached to
the Certificate of Insurance. The CITY reserves the right to review a certified copy of all
required insurance policies in the CONSULT ANT's office.
The CONSULTANT'S insurance shall contain a clause stating that coverage shall apply
separately to each insured against whom claim is made or suit is brought, except with
respects to the limits of the insurer's liability.
The CONSULTANT'S insurance shall be primary insurance as respects the CITY, and
the CITY shall be given thirty (30) days prior written notice of any cancellation,
suspension or material change in coverage.
XVI APPLICABLE LAW
This Agreement shall be construed and interpreted in accordance with the laws ofthe
State of Washington, and in the event of dispute the venue of any litigation brought
hereunder shall be Clallam County.
XVII EXHIBITS AND SIGNATURES
This Agreement, including its exhibits, constitutes the entire Agreement, supersedes all
prior written or oral understandings, and may only be changed by a written amendment
executed by both parties. The following exhibits are hereby made a part of this
Agreement:
Exhibit A - Letter Scope of Work/Schedule/Consultant Labor Costs
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as ofthe day
and year first written above.
CITY OF PORT ANGELES
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BILL BLOOR, CITY
ATTORNEY
CONSULTANT
ATTEST:
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BECKY UP N, ITY
CLERK
TITLE:
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ApPRAISAL GROUP OF THE NORTHWEST LLP
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Central Park Building
1980 112th Ave. N.E., Suite 270
BelJevue, W A 98004-2940
(425) 453-9292
(800) 453-4408
FAX: (425) 455-9740
E-Mail:
agnw@appraisalgroupnw.com
Jp"LA~" ,.
August 30, 2004
Gary Kenworthy P .E.
Deputy Director of Public Works/City Engineer
City of Port Angeles
321 E. Fifth Street
P.O. Box 1150
Port Angeles, W A 98362
Re: Appraisal of Rayonier Properties, Port Angeles
Dear Mr. Kenworthy:
I have reviewed your letter of August 11, 2004 and wish to respond to your RFP. The delay in
returning this response is due to my being on vacation earlier this month.
We would provide a valuation of the land only for a fee of $12,900 which would be completed
within 60 days. Our methodology would be to value the property without a deduction of the
contamination and archeological factors, then we would consider the property as usable for
surface use only in consideration of the contamination and archeological effects. Included as a
part of our valuation would be consultation with Dennis O'Neill of Kleinfelder, an engineering
firm that specializes in contamination of intertidal, upland, and-near shore environments.
Sincerely yours,
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[Ga~rYJ<~.hworthi~~port Ang~J~'~ -Rayonier Property !,l;~pia'sa(
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From:
To:
Date:
Subject:
"Jim Price" <jprice@appraisalgroupnw.com>
<GKENWORT@cityofpa.us>
9/8/04 1 :47PM
Port Angeles Rayonier Property Appraisal
Dear Mr. Kenworthy:
The price quote that I provided to the City would be broken down as
follows:
Preparation of the Land Appraisal
Jim Price, MAl, SR/WA
$9,900
(425) 453-9292, ext. 110
Analysis of the Contamination Effects
jprice@AppraisaIGroupNW.com
on the Land Value
2,000
Analysis of the Archaeological Effects
on the Land Value
1,000
Total Fee
$12,900
My hourly rate is $175 and my associates rate is $125. If you need any
further information, please contact me.