HomeMy WebLinkAbout000835 Original Contract City of Port Angeles
Record # 000835
PROFESSIONAL SERVICES AGREEMENT
This Agreement is entered into on this 12 day of - ,20A,between the City
of Port Angeles,a municipal corporation of the State of Washington(hereinafter referred to as
ACity @), and Gibbons and Riely, PLLC dba RESOLVE, (hereinafter referred to as
AContractor @).
In consideration of the covenants and promises set forth herein, the parties hereto agree as
follows:
1. Scope 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 Agreement. The term of this Agreement shall begin on day of
20 and shall, unless terminated as provided elsewhere in this Agreement,
terminate when the services described in Exhibit A are completed.
3. Contract Representatives. Each party to the Agreement 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: Contractor:
Gregg King, Anthony P. Gibbons, Principal
Power Resources Manager RESolve
P.O. Box 1150, 321 East Fifth Street 261 Madison Ave S, Suite 102
Port Angeles, WA 98362-0217 Bainbridge, WA 98110-2579
Phone: (360) 417-4710 Phone: (206) 842-4887
Email: gkinggeityofpa.us Email: agibbons@realestatesolve.com
4. Compensation & Payment.
A. Compensation. As full and complete compensation for work performed per this
Agreement, City shall pay Contractor the hourly rates shown in Exhibit A. The maximum
compensation for the work shall be $40,000.
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 Agreement, except as listed in Exhibit A 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 Agreement 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 Agreement.
B. Termination for Public Convenience: The City may terminate the Agreement 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 Agreement is terminated in accordance with this
paragraph, the Contractor shall be entitled to payment for actual work performed. An
equitable adjustment in the Agreement 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 Agreement by the City at any time during the term,
whether for default or convenience, shall not constitute a breach of Agreement by the City.
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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 Agreement.
10. Insurance.
The Contractor 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 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.
Contractor shall obtain 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. Automobile liability insurance
shall include a minimum combined single limit for bodily injury and property damage of
$350,000 per occurrence.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII.
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.
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 Agreement shall be valid until
the same is reduced to writing and executed with the same formalities as the present
Agreement.
12. Headings. The section headings of this Agreement 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.
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13. Time is of the Essence: Time is of the essence in the performance of this
Agreement.
14. Notices. All notices called for or provided in this Agreement 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.
15. 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 Agreement. No waiver of any
breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All
remedies afforded to in this Agreement 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 Agreement or to require at any time
performance of any provision of the Agreement herein shall in no way be construed to be a
waiver of such provision, or in any way affect the validity of this Agreement or any part
thereof, or the right of the City to hereinafter enforce each and every such provision.
16. Jurisdiction and Venue. This Agreement 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 Agreement.
17. Entire Agreement. The Parties agree that this Agreement is the complete expression
of its terms and conditions. Any oral representations or understandings not incorporated in
this Agreement are specifically excluded.
IN WITNESS WHEREOF,the parties hereto have executed this Agreement the date and year
indicated below.
CITY OF PORT ANGELES CON RACTOR
I
By By
Dan McKeen, City Manager Anthony P. Gibbons, Principal
Date: `� Date: t "
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ATTEST:
026,k� �Q 0
Je rifer Veneklasen, City Clerk
APP OVED AS TO FO
William E. Bloor, City Attorney
G9,LE(iAL:ACRE MENTS&CONTRACTS\2010 Agrmts&Contracts\Gibbons.Appraisal.PSC.040510.doc
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EXHIBIT
RESOLVE
Real Estate Appraisal,Counseling& Mediation
261 Madison Ave S, Suite 102
Bainbridge,WA 98110-2579
206 842-4887
TeleFax. 206 842-5082
September 7,2014
Heidi Greenwood
Assistant City Attorney
City of Port Angeles
Phone: 360-417-4562
Sent via Email: hgreenwoAcityofpa.us
Re: Morse Creek Project
8 tax parcels totaling 852.55 acres,Port Angeles vicinity,WA.
Dear Ms. Greenwood:
This letter is our proposal to provide appraisal services concerning the above referenced property. We will
prepare an appraisal in accordance with the Uniform Standards of Professional Appraisal Practice
(USPAP),presented in a summary narrative format. Attached maps identify the subject.
The cost of the appraisal will be based on time spent, with the current budget estimate being $27,500. I
will utilize the resources in my office in a cost-efficient manner based on the billing rates attached.
Should investigation of the property reveal issues not presently included in our scope of services, I will
immediately contact you and discuss the change of scope required. A timber cruise and valuation is not
included in this estimate, and we will separately subcontract with Tim Newman for this service, and pass
this cost onto you without mark-up at an expected cost of $10,540 (please see attached letter). Total
appraisal services are then budgeted at $38,040. The timely receipt of this work is necessary to complete
our appraisal to the standard requested. Our appraisal report will include Mr. Newman's work, attached
as an addendum, and the results of his analysis will be included within our appraisal analysis. Payment
for our services is due thirty(30)days following delivery of the completed appraisal reports.
We will utilize our resources to attempt to complete the appraisal in an approximate 90-day timeframe,
from the point of our receipt of your authorization to proceed. Delays in the delivery of critical subject
data may result in a request for additional time,with the client being notified immediately of any potential
delays,and the reason therefore.
If the above general terms are acceptable, you may so indicate by signing and dating your acceptance on
this letter,and returning it to me by email.Thank you for considering me for this interesting assignment.
Very truly yours,
Anthony Gibbons,MAI,CRE
Agreed&Accepted Date 2014
RESOLVE
RESOLVE
1. Name of legal entity with whom contract is written:
Gibbons &Riely PLLC,dba RESOLVE
2. Principal
Anthony Gibbons,MAI,CRE
3. Contact Information
Anthony Gibbons,Principal
Cell Phone (206)909-1046—forwards to office
Seattle Direct Dial (206)628-0885
Bainbridge Direct Dial (206) 842-4887
Office Numbers
Julie Riely,Office Manager (206) 855-0632
Stephen Matthews,Appraiser (206)780-7972
Taylor Gibbons,Appraiser Assistant (206)909-6916
Barbara Chrisman,Researcher (206) 842-5155
Fax Number
(206)842-5082
Office Address
261 Madison Avenue S,Suite 102
Bainbridge WA,98110-2579
4. Tax Number; License Number
Employer ID Number 91-1985701
Washington Business License 601 964 216
5. Fee Structure
Anthony Gibbons,MAI,CRE $300/hour
Stephen Matthews,Appraiser $150/hour
Taylor Gibbons,Appraiser Trainee $110/hour
Barbara Chrisman,Researcher $100/hour
Trenton Gibbons,Appraiser Assistant $90/hour
Rasham Nassar,Researcher $80/hour
These hourly rates include all travel costs (Puget Sound Area only) and report production costs.
Necessary outside contracts(architects,engineers,etc.)will be directed billed to the client,or added to the
cost of the contract, depending upon the type of sub-contact and what has been agreed upon with the
client. If lodging or travel services are required outside the region,these costs will be additional.
RESOLVE