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HomeMy WebLinkAbout04-054 - Certified Land Services - South 144th Street Improvements / Right-of-Way AcquisitionCONSULTANT AGREEMENT FOR PROPERTY ACQUISITION SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Certified Land Services, hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform appraisal, appraisal review, document preparation, negotiation, and file transmittal for right-of-way acquisition services in connection with the project titled S 1446 Street. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement within 30 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $18,975 without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment is provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state for a period of three (3) years after final payments. Copies shall be made available upon request. Ok_ 01 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the perform- ance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/ aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee 2 between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 3 EXHIBIT "A" CERTIFIED LAND SERVICES CORP. SCOPE OF WORK: CITY OF TUKWILA/S. 144TH STREET Project Overview. The project consists of acquiring approximately 5 strip/partial takes in Temporary Construction Easement from commercial/business parcels. CERTIFIED will also provide support services including value setting the 5 commercial and 7 residential parcels as well as document prep and advisory services to the City in their efforts to acquire 7 residential parcels in fee. All activities are detailed in the following task descriptions. There will be no relocations. Moving of any minor site improvements will be handled as part of construction. Ad date is scheduled for July 15, 2004. We will make every effort to acquire permission to enter to construct by Ad Date. Work may continue past July 15, 2004. This project is funded with City of Tukwila and TIB funds. No federal funds are involved in any phase of the project including construction. WSDOT LAG Manual Guidelines will be used as a guide for all acquisition actives, but there is no requirement to follow any specific format or guidelines according to City laws or policies. TASKS Task 1 - Project Management Assumptions: • The City will act as general right of way project manager. • CERTIFIED will provide staff management/advisory time for its staff, but will not consider itself in any way the project manager for the project. 1.1.2 1.1.3 Prepare and submit a weekly progress report that will include identification of work performed in the previous week's schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential problems that may arise, including issues resolution. Manage quality in coordination with the City's Project Manager. Submit detailed monthly invoices. Task 2 — Setting Value Assumptions: • The City will use an administrative valuation process to set value on all parcels to be acquired. • The City will set just compensation. 2.1.1 CERTIFIED will prepare a Preliminary Funding Estimate and Administrative Offers for the 5 commercial and 7 residential parcels. EXHIBIT "A" CERTIFIED LAND SERVICES CORP. SCOPE OF WORK: CITY OF TUKWILA/S. 144TH STREET Task 4 — Administrative & Document Preparation Assumptions: • Certified staff will review all documents, files, maps, title reports, legal descriptions, and other information provided. Errors, questions and clarifications will be reviewed and discussed. 4.1.1 CERTIFIED will provide signature ready legal documents that will be used to acquire Temporary Construction Easements for the 5 commercial/business parcels. 4.1.2 CERTIFIED will provide signature ready offer packages for the 7 residential parcels that include deeds to convey the right of way needed for the project, diaries, excise tax forms, title summaries for staff to use in clearing title and all lien and encumbrance removal documents needed to clear title in conflict with the city's ownership interests for right of way purposes. 4.1.2 The City will provide title commitments for each parcel with Schedule B showing exceptions listed. 4.1.3 The City will provide legal descriptions and parcel exhibit maps for each parcel. 4.1.4 CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and City guidelines and regulations. 4.1.5 CERTIFIED will provide the City with written status reports on a weekly basis and will provide verbal status reports on demand, as requested. Task 5 - Negotiation Assumptions: • CERTIFIED agents will act in good faith at all times. • CERTIFIED staff will never coerce owners in an attempt to settle parcels and will provide the City with a Negotiator's Disclaimer for each parcel upon transmittal. • CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves available to owners and their representatives. 5.1.1 CERTIFIED agents will make personal contact with each owner with the intent of reaching settlement for the conveyance of Temporary Construction Easements for the 5 commercial parcels. 5.1.2 CERTIFIED staff will explain the City's project and needs verbally. 5.1.3 CERTIFIED staff will provide detailed written diaries for each parcel. 5.1.4 CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and Disclaimer Statements. Task 6 - Closing and Conveyance Assumptions: • Title Clearance is not required on for Temporary Construction Easements. • CERTIFIED will not provide closing services for the 7 residential parcels but will provide signature ready lien and encumbrance documents for the City to use in clearing title from these parcels. 6.1.1 CERTIFIED staff will review title for each parcel to ensure the vested owners are the parties involved in this transaction. 6.1.3 CERTIFIED will provided the City with complete files at the close of negotiations for each of the 5 commercial parcels. Included in our transmittal packages will be Temporary Construction Easements and Diaries for each parcel. EXHIBIT "B" CERTIFIED LAND SERVICES CORP. CITY OF TUKWILA/S. 144TH STREET COST ESTIMATE This proposal is based on charging only for those hours worked. The outline of tasks and hours provided above are a guide to our understanding and approach to work. PRELIMINARY FUNDING ESTIMATE CERTIFIED will prepare a preliminary funding estimate for 5 commercial parcels and 7 residential parcels And will prepare administrative offer summaries for each parcel. 12 parcels © $500 ea = $6,000 NEGOTIATION TIME ESTIMATE Project Manager: 20 hrs @ $145 per hr = $2,900 Senior Acquisition Agent: 50 hrs @ $ 85 per hr = $4,250 (based on 10 hours for each of the 5 commercial parcels) DOCUMENT AND FILE PREPARATION CERTIFIED will prepare conveyance and title clearance documents for parcels the 7 residential parcels the City would like to negotiate, but for which they would like legal documents drawn up. This work is estimated to entail 4 hours for each parcel file including offer letter template, deed, diary template, transmittal cover sheet, administrative settlement template, negotiators disclaimer and lien/encumbrance clearance documents. This work is not included in the Total Estimated Costs for this project. 4 hours each parcel x $75 = $300 per parcel x 7 parcels = $2,100 ADVISORY SERVICES CERTIFIED project managers will be on call to provide advice and assistance to City staff in their efforts to negotiate and acquire 7 residential parcels. Estimated max time of 5 hours per parcel @ $85 per hour = $425 per parcel x 7 = $2,975 REIMBURSABLES In addition to the above costs, reimbursable costs such as mileage, postage, phone and fax charges, or other reasonable costs will be billed at straight cost. Estimated Reimbursables = $750 TOTAL ESTIMATED COSTS = $18,975 NOTE: IT IS OUR COMMITMENT TO PROVIDE YOU WITH EFFECTIVE AND COST EFFICIENT SERVICE. SINCE WE WERE ASKED TO PROVIDE A NOT TO EXCEED COST ESTIMATE, WE HAVE PROVIDED THIS ESTIMATE FOR YOUR BUDGETING PURPOSES. ALTHOUGH IT CANNOT BE GUARANTEED, IT IS OUR GOAL TO DELIVER THIS PROJECT WELL WITHIN THE ABOVE TOTAL ESTIMATED COSTS. WE WILL UNDER NO CIRCUMSTANCES EXCEED THIS ESTIMATE WITHOUT YOUR FULL CONSENT AND APPROVAL. BILLS WILL BE SUBMITTED BY THE 10Th OF EACH MONTH. STATUS REPORTS AND EXPENSE REPORTS WILL BE SUBMITTED WITH EACH INVOICE.