HomeMy WebLinkAbout05-062 - Certified Land Services - South 144th Street Improvements / Right-of-Way Acquistion' 4
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CONSULTANT 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,
document preparation, negotiation, and file transmittal for right-of-way acquisition
services on three commercial properties in connection with the project titled S 144th
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 180
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 $19,080 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.
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ORGNALS
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.
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.
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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 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.
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t(Y) Jane E. Cantu, CMC, City Clerk Office of the City Attorney
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.
16. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk
City of Tukwila
6200 Southcenter Boulevard
Tukwila, WA 98188
Notices to Consultant shall be sent to the following address:
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17. Integrated Agreement. This Agreement, together with attachments or addenda,
represents the entire and integrated Agreement between the City and the Consultant and
supersedes all prior negotiations, representations, or agreements written or oral. This
Agreement may be amended only by written instrument signed by both the City and the
Consultant.
S3t
DATED this / day of
CITY OF TUKWILA
teven M. Mullet, Mayor
Attest/Authenticated:
1I7.&LML.,
CONSULTANT
By:
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Printed Name: 1 it A_ 1 `-�{ (ei u d✓ I
Title:
Approved as to Form:
OR1GM A 1
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Exhibit A
LAND SERVICES CORP.
SCOPE OF WORK: City of Tukwila, S. 144th Street Improvements
Project Overview.
CERTIFIED would provide turnkey real estate acquisition services to include setting
value, acquisition, title clearance and transaction closing. This estimate is based on the
following general assumptions:
• Project is locally funded
• This scope is for 3 commercial properties with partial fee takings
(152304-9295, 152304-9088, 152304-9140)
• There is no relocation of persons or businesses
• There is relocation personal property on parcel 152304-9140 (True Value)
;'TASKS'
Task 1 - Project Management
Assumptions:
• CERTIFIED will act as general right of way project manager, responsible for managing schedules, work flow, budgets,
and QA/QC of the right of way phase.
1.1.1 Prepare a project schedule for the right of way phase. Monitor and update the schedule as needed.
1.1.2 Prepare and submit a monthly progress report that will include identification of work performed in the previous month's
schedule, measures for mitigating schedule slippage, if necessary, and identification and discussion of potential
problems that may arise, including issues resolution.
1.1.3 Manage quality in coordination with the City's Project Manager.
1.1.4 Submit detailed monthly invoices.
Task 2 - Appraisal
Assumptions:
• All of the parcels are estimated to be of value over $10,000 and therefore, would be prudent to complete full narrative
short form appraisals.
2.1.1 CERTIFIED will hire and manage appraisal services from Appraisal Group of the NW for preparation of a short form
narrative appraisals for each of the 3 properties.
CERTIFIED
Exhibit A
LAND SERVICES CORP.
SCOPE OF WORK: City of Tukwila, S. 144th Street Improvements
Task 3 — Administrative
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.
3.1.1 CERTIFIED will provide signature ready legal documents that will be used to convey fee or permanent easement rights
for all parcels.
3.1.2 The City has provided title commitments for each parcel with Schedule B showing exceptions listed
3.1.3 The City has provided legal descriptions and parcel exhibit maps for each parcel. Prior to start of appraisals the City
will verify the accuracy of these maps and legal descriptions to ensure all right of way needed for the project is planned
for acquisition.
3.1.4 CERTIFIED staff will maintain all records, files, documents and reports in accordance with statutory and City guidelines
and regulations.
3.1.5 CERTIFIED will provide the City with written status reports on a monthly basis and will provide verbal status reports on
demand, as requested.
Task 4 • Negotiation
Assumptions:
• CERTIFIED agents will act in good faith at all times.
• CERTIFIED staff will never coerce owners in an attempt to settle parcels
• CERTIFIED staff will work whatever hours are necessary, including evenings and weekends, to make themselves
available to owners and their representatives.
4.1.1 CERTIFIED will prepare offer letters for all parcels.
4.1.2 CERTIFIED agents will make at least 3 personal contacts with each owner with the intent of reaching settlement for the
conveyance of property or property rights needed from each parcel. As many contacts as needed to reach
settlement will be made, until it is mutually agreed between the City and CERTIFIED that negotiations should be
suspended or given to the City Attorney to pursue eminent domain actions.
4.1.3 CERTIFIED staff will explain the City's offer verbally.
4.1.4 CERTIFIED staff will provide detailed written diaries for each parcel.
4.1.5 CERTIFIED staff will transmit organized parcel files containing all pertinent information, documents, forms, diaries, and
Disclaimer Statements.
4.1.6. CERTIFIED staff will prepare a condemnation summary memo for any parcel that the City deems it is necessary to
acquire through the exercising of its power of eminent domain.
Task 5 • Closing and Conveyance
Assumptions:
• CERTIFIED will clear any liens and encumbrances that are in conflict with the City's intended use of the right of way
acquired to ensure certification and that there are no conflicts of ownership or use of the land required during
construction.
• The City will pay property owners for any property or property rights acquired through the escrow process.
5.1.1 CERTIFIED staff will review title for each parcel.
5.1.2 CERTIFIED will prepare any documents needed for clearing any liens or encumbrances as noted above.
5.1.3 CERTIFIED will provided the City with complete files at the close of negotiations for each parcel. Included in our transmittal
packages will be conveyance documents ready for the City to record at the County Courthouse.
Exhibit B
LAND SERVICES CORP.
FEE ESTIMATE: City of Tukwila, S. 144th Street Improvements
FEE 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.
NEGOTIATION TIME ESTIMATE
Senior Acquisition Agent: 120 hrs @ $85per hr = $10,200
(based on 40 hours per parcel X 3 parcels)
Administrative Support 6 hrs @ $55per hr = $330
TITLE AND CLOSING TIME ESTIMATE
Senior Acquisition Agent: 30 hrs @ $85per hr = $1,700
(based on 10 hours per parcel X 3 parcels)
TITLE REPORTS/PAYMENT TO OWNERS
Title Reports will be provided by the City and are not included in this cost estimate.
The overall project scope of work calls for the City pay directly for escrow services and payments of just compensation to the
property owners.
APPRAISAL
$2,200 ea x 3 = $6,600
according to the bid provided 7-13-04 by Appraisal Group of the NW
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 = $250.00
TOTAL ESTIMATED COSTS = $19,080