HomeMy WebLinkAbout4.644 Original ContractA
PROFESSIONAL SERVICES CONTRACT
This Contract is entered into on this day of May, 2010, between the City of Port
Angeles, a municipal corporation of the State of Washington (hereinafter referred to as
"City and Anthony P. Gibbons, (hereinafter referred to as "Contractor
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. Scone of Services. Contractor hereby agrees to perform appraisal technical services
for the City. The specific tasks to be performed are described in Exhibit A, attached hereto
and incorporated herein by this reference.
2. Duration of Contract. The term of this Contract shall begin on the 14 day of May,
2010 and shall, unless terminated as provided elsewhere in this Contract, terminate when the
services described in Exhibit A are completed.
3. Contract Representatives. Each party to the Contract shall have a Contract
Representative. Each party may change its representative upon providing written notice to the
other party. The parties' representatives are as follows:
City:
William E. Bloor, City Attorney
P.O. Box 1150, 321 East Fifth Street
Port Angeles, WA 98362 -0217
Phone: (360) 417 -4530
Fax: (360) 417 -4529
Email: wbloor @cityofpa.us
Contractor:
Anthony P. Gibbons, Principal
261 Madison Ave S, Suite 102
Bainbridge, WA 98110 -2579
Phone: (206) 842 -4887
Email: agibbons @realestatesols
4. Compensation Payment.
A. Compensation. As full and complete compensation for work performed per this
Contract, City shall pay Contractor the hourly rates shown in Exhibit A.
B. Payment. Contractor shall submit an invoice to the City upon completion of the work
described in Exhibit A. The City shall review Contractor's invoice for payment within 20
days of receipt, and payment shall be made by the City to Contractor within 30 days after
approval by City.
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5. Relationship of Parties. Contractor shall act as an independent contractor and not as
an employee, agent, or officer of the City. The Contractor shall not be authorized to bind the
City to any position, contract, or agreement. Contractor shall assume full responsibility of all
federal, state, and local taxes and contributions imposed or required, including, but not limited
to, unemployment insurance, Social Security, and income tax withholding and shall not be
entitled to the benefits provided by the City to its employees.
6. Assignment. The Contractor shall not assign or delegate any of the work covered by
this Contract without the express written consent of the City.
7. Ownership of Items Produced. All writings, programs, data, public records or other
materials prepared by the Contractor in connection with the performance of this Agreement
shall be the sole and absolute property of the City and constitute "work made for hire" as that
phrase is used in federal and/or state intellectual property laws.
8. Termination.
A. Termination for Default: The City may terminate this Contract after breach of any
provision herein by the Contractor upon thirty (30) days written notice to the Contractor. The
written notice shall be sent to the address of the Contractor's representative set forth above
and shall specify the specific provision(s) breached. In the event the Contractor cures the
provision(s) breached within thirty (30) days to the sole satisfaction of the City, the
termination notice shall be of no force and effect.
The Contractor may terminate this Contractor for breach of any provision herein by the City
upon thirty (30) days written notice to the City. The written notice shall be sent to the address
of the City representative set forth above and shall specify the specific provision(s) breached.
In the event the City cures the provision(s) breached within thirty (30) days to the sole
satisfaction of the Contractor, the termination notice shall be of no force and effect.
In the event of termination by either party, the Contractor agrees to immediately turn over to
City, at its request, all records of any kind or nature which Contractor has kept in providing
services under the terms of this Contract.
B. Termination for Public Convenience: The City may terminate the Contract in whole
or in part whenever the City determines that, in its sole discretion, such termination is in the
interests of the City. Whenever the contract is terminated in accordance with this paragraph,
the Contractor shall be entitled to payment for actual work performed. An equitable
adjustment in the Contract price for partially completed items of work will be made, but such
adjustment shall not include provision for loss of anticipated profit on deleted or uncompleted
work. Termination of this Contract by the City at any time during the term, whether for
default or convenience, shall not constitute a breach of Contract by the City.
9. Hold Harmless and Indemnification.
The Contractor shall defend, indemnify and hold harmless the City, and its respective officers,
officials, employees, deputies, and agents from and against any and all claims, actions, suits,
liability, loss, expenses, damages and judgments of any nature whatsoever, including costs
and attorneys fees in the defense thereof, for injury, sickness, disability or death to persons or
damage to property or business, caused by or arising out of Contractor's and its respective
employees, agents, volunteers, and/or subcontractors, acts, errors or omissions in providing
services under the terms of the Contract.
10. Insurance.
The Contractor shall procure and maintain for the duration of the Contract, 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 Contractor, its agents, representatives, or
employees.
No Limitation. Contractor's maintenance of insurance as required by the agreement shall not
be construed to limit the liability of the Contractor to the coverage provided by such
insurance, or otherwise limit the City's recourse to any remedy available at law or in equity.
A. Minimum Scope of Insurance
Contractor shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non owned, hired and
leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01
or a substitute form providing equivalent liability coverage. If necessary, the policy shall be
endorsed to provide contractual liability coverage.
B. Minimum Amounts of Insurance
Contractor shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for
bodily injury and property damage of $350,000 per occurrence.
C. Other Insurance Provisions
The insurance policies are to contain, or be endorsed to contain, the following provisions
for Automobile Liability, Professional Liability and Commercial General Liability
insurance:
1. The Contractor's insurance coverage shall be primary insurance as respect the
City. Any insurance, self- insurance, or insurance pool coverage maintained by the City shall
be excess of the Contractor's insurance and shall not contribute with it.
2. The Contractor's insurance shall be endorsed to state that coverage shall not
be cancelled by either party, except after thirty (30) days prior written notice by certified mail,
return receipt requested, has been given to the City.
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D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VIT.
E. Verification of Coverage
Contractor shall furnish the City with original certificates and a copy of the amendatory
endorsements, including but not necessarily limited to the additional insured endorsement,
evidencing the insurance requirements of the Contractor before commencement of the work.
Contractor shall identify the City as an additional insured under the policy to the City.
11. Modification. No modification or amendment of this Contract shall be valid until
the same is reduced to writing and executed with the same formalities as the present Contract.
12. Severability. If a court of competent jurisdiction holds any part, term, or provision
of this Contract to be illegal or invalid, in whole or in part, the validity of the remaining
provisions shall not be affected, and the Parties' rights and obligations shall be construed and
enforced as if the Contract did not contain the particular provision held to be invalid.
13. Headines. The section headings of this Contract have been inserted solely for the
purpose of convenience and ready reference. In no way do they purport to, nor shall they be
deemed to, define, limit, or extent the scope or intent of the sections to which they apply.
14. Time is of the Essence: Time is of the essence in the performance of this contract.
15. Notices. All notices called for or provided in this Contract shall be in writing and
must be served on any of the parties either personally or by certified mail, return receipt
requested, sent to the Parties at their respective addressed hereinabove given. Notices by
certified mail shall be deemed served when deposited in the United States mail, postage
prepaid.
16. Waiver. No officer, employee, agent or otherwise of the City has the power, right, or
authority to waive any of the conditions or provisions of this Contract. No waiver of any
breach of this Contract shall be held to be a waiver of any other or subsequent breach. All
remedies afforded to in this Contract or at law shall be taken and construed as cumulative, that
is, in addition to every other remedy provided herein or by law. Failure of the City to enforce
at any time any of the provisions of this Contract or to require at any time performance of any
provision of the Contract herein shall in no way be construed to be a waiver of such provision,
or in any way affect the validity of this Contract or any part thereof, or the right of the City to
hereinafter enforce each and every such provision.
17. Jurisdiction and Venue. This Contract shall be construed and interpreted in
accordance with the laws of the State of Washington. It is agreed that Clallam County,
Washington, shall be the venue should any legal action be pursued to enforce or interpret the
terms of this Contract.
18. Entire Atreement. The Parties agree that this Contract is the complete expression of
its terms and conditions. Any oral representations or understandings not incorporated in this
Contract are specifically excluded.
IN WITNESS WHEREOF, the parties hereto have executed this Contract the date and year
indicated below.
CITY OF PORT ANGELES
By By
'Kent yers Manager Antho y P. bbons, Principal
Date: Jr o 25 Dater I
ATTEST:
7
sa Hurd, City Clerk
APPR! VED AS TO FO
William E. Bloor, City Attorney
G ALEGALWGREEMENTS &CONTRACTS120I0 Agrmts &ContractslGibbons.Appraisa .PSC.0405I0.doc
CON"`RACTOR
Scope of Work
City of Port Angeles Rayonier
Task
Initial meetings and scoping
Initial meeting with appraiser scoping of the
assignment including definition of subject area;
appraisal scope of work
Pull sales information and market research; visit
comparable properties (perhaps with other
appraiser)
Meet with other appraiser; develop value range;
discussion of issues; discussion of further
research needs
Discussion with client about further scoping
needs; research additional materials
Additional meeting with appraiser; possible
selection of third appraiser; possible agreement
on value
Selection and meeting of third appraiser;
presentation of data possible agreement on
value.
!Budgeted Amount
Note
Involvement Hours /hour Exten Budget 1
Anthony Gibbons 5.0 $285 /sf $1,425
Appraiser Associate 0.0 $150 /sf $1,500
Researcher Associate 0.0 $90 /sf
Anthony Gibbons 10M $285 /sf $2,850
Appraiser Associate 2.0 $150 /sf $300 $3,600
Researcher Associate 5.0 $90 /sf $450
Anthony Gibbons 10,0 $285 /sf $2,850
Appraiser Associate 5.0 $150 /sf $750 $5,000
Researcher Associate 15.0 $90 /sf $1,350
Anthony Gibbons 10.0 $285/sf $2,850
Appraiser Associate 5,0 $150 /sf $750 $4,100
Researcher Associate 5.0 $90 /sf $450
Anthony Gibbons 5.0 $285/sf $1,425
Appraiser Associate 5.0 $150 /sf $750 $2,700
Researcher Associate 5.0 $90 /sf $450
Anthony Gibbons 5.0 $285 /sf $1,425
Appraiser Associate 2.0 $150 /sf $300 $2,000
Researcher Associate 2.0 $90 /sf $180
Anthony Gibbons 15.0 $285/sf $4,275
Appraiser Associate 5.0 $150 /sf $750 $5,500
Researcher Associate 5.0 $90 /sf $450
The time required to complete an interactive appraisal and expert assignment, potentially involving appraiser arbitration is
difficult to predict with precision. More or less time may be required to reach a resolution on value and/or other elements of the
assignment. The client will be updated as to the scope and breadth of the assignment. Should it be necessary to expand the
scope of the assignment beyond that presently comtemplated, the appraiser will contact the client to explain the additional scope
needed, and obtain authorization prior to prececding with any additional work.
EXHIBIT "A"
I $24,400!