HomeMy WebLinkAbout081610_ca03
Department of Public Works
o Consent Agenda
Page 1 of 1
Jefferson County
Board of Commissioners
Agenda Request
From:
Board of Commissioners
PhillpMorley, County Administrator
Frank Gifford, Public Works Director
":;;f}j
To:
August 16, 2010
Personal Service Appraisal Contract with the appraisal review firm of
the Granger Company.
Agenda Date:
Subject:
Statement of Issue: Board authorization for the attached Personal Services Contract for appraisal
review services with The Granger Co., for various Department of Public Works projects. The
Department is seeking to retain several appraisal firms in anticipation of upcoming projects.
Analysis/Strategic Goals/Pro's & Con's: The terms of the County's approved right of way
acquisition procedures require that qualified contractors appraise the properties to be
acquired and the appraisals be reviewed by an independent qualified Review Appraiser.
The Granger Co., is highly qualified to provide Appraisal Review reports. Once the County is
prepared to acquire the specific parcels, the just compensation value based on appraisal and
appraisal review, shall be confirmed by the Board of County Commissioners through their
authorization and concurrence prior to beginning acquisition negotiations.
Fiscal Impact/Cost Beneflt AnalysiS: Costs of appraisal and appraisal review are included in the
amounts reimbursable from grant funds and are included in the budgeted amounts for each
project. The contract amount is $20,000.00 with a three year term. The County is under no
obligation to use the full contract amount.
Department Contact: Monte Reinders P.E., County Engineer 385-9242
Recommendation: The Department of Public Works recommends that the Board execute the
Personal Services Contract for Appraisal Review Services and return two originals to the
Department for further processing.
"'O///;/n
Date
Jefferson County
PERSONAL SERVICES CONTRACT
Department of Public Works
APPRAISAL REVIEW SERVICES
623 Sheridan Street
Port Townsend, WA 98368
START DATE Project/ Contract NO.
This Contract is between Jefferson County, acting through the When executed by the Board
Department of Public Works, and the individual or firm
(Contractor) identified below and is governed by Ch. 36.75
of County Commissioners.
RCW. This Contract governs work to be performed under any END DATE MAXHVIUM AMOUNT
applicable Task Order between the parties.
3 Years from date of PAYABLE
execution. $ 203,000.00
CONTRACTOR NAME CONTRACTOR ADDRESS
7312 Meridian Road SE
The Granger Co. Olympia WA 98513-8920
FEDERAL EMPLOYER IDENTIFICATION NUMBER WASHINGTON UNIFORM BUSINESS IDENTIFIER
CONTRACTOR CONTACT CONTRACTOR TELEPHONE
Joseph Granger, Phone: 360 459 8203
CONTRACTOR FAX CONTRACTOR E-MAIL ADDRESS
Fax: 360 459-8203 Email: grangercompany@earthlink.net
Jefferson County PROJECT MANAGER NAME
DEPARTMENT OF PUBLIC WORDS Will Butterfield
ADDRESS PROJECT MANAGER E-MAIL ADDRESS
623 Sheridan Street
Port Townsend, WA 98368 wbutterfield co jefferson.wa.us
OFFICE FAX PROJECT MANAGER TELEPHONE
360-385-9234 360-385-9350
The parties signing below warrant they have read and understand this Contract and have authority to
enter into this Contract.
A. DEFINITIONS
The words and phrases listed below, as used in this Contract, shall each have the following definitions:
1. Appraisal means a Narrative Appraisal Report conforming to the provisions of this
Contract.
2. Appraisal Review means a field, or desk review performed by a Review Appraiser,
approved by the State of Washington (State), that ensures the appraisal conforms to the
WSDOT standards of quality and establishes a value determination and just
compensation.
3. Appraisal Services means services related to the act or process of developing an opinion
of value of real property and related personal property and may include services such as
complete appraisals, limited appraisals, appraisal consulting, before and after eminent
domain appraisals, partial acquisition appraisals, appraisals used in conjunction with
leasing or disposing of property, appraisal review, and project funding estimates.
4. Appraisal Supervisor means the Appraisal Supervisor named on page 1 of the applicable
Task Order unless otherwise indicated in this Contract.
5. Contract means the entire written agreement between the County and the Contractor,
including any Task Order, exhibits, right of way plans, documents, and other material
attached or incorporated by reference.
6. Contractor means the individual appraiser or entity performing services pursuant to this
Contract and includes the Contractor's owners, members, officers, directors, partners,
employees, and or agents, unless otherwise stated in this Contract.
7. Coun means Jefferson County, a political subdivision of Washington State .
8. Department means the Jefferson County Department of Public Works and its employees
and authorized agents.
9. Negotiated Hourly Rate means the authorized hourly rate for services performed. _
10. Principal Appraiser means the Contractor's appraiser(s) who oversees appraisal services
and signs appraisals issued pursuant to any Task Order.
11. RCW means the Revised Code of Washington. All references in this Contract to RCW
chapters or sections shall include any successor, amended, or replacement statute.
12. State means the State of Washington, acting through the Washington State Department of
Transportation and the Secretary of Transportation.
13. Task Order means the Task Order for Appraisal Services, or amendment thereof, signed
by the Contractor and County that authorizes the Contractor to perform the Appraisal
Services as specified in the Task Order.
14. WSDOT means the Washington State Department of Transportation and its employees
and authorized agents.
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PERSONAL SERVICES CONTRACT
FOR APPRAISAL SERVICES
It is mutually agreed between the Jefferson County, hereinafter referred to as the "County," and
the undersigned, hereinafter referred to as the "Contractor," that:
1. The Contractor shall provide the services specified in Section 17 of this contract. The
Contractor shall not be entitled to compensation for the services rendered under the terms
of this contract unless and until the services are satisfactory to the County. Any dispute
relating to the quality of acceptability of the services furnished; to the acceptable
fulfillment and performance of the contract on the part of the Contractor; and/or
compensation due the Contractor shall be decided by the Public Works Director/County
Engineer or his/her representative. All reports called for under the terms of this contract
shall become the property of and shall be retained by the County.
2. The services to be furnished under the terms of this contract shall be performed by the
Contractor and the Contractor's bona fide employees, and shall not be delegated or
subcontracted to any other person or firm, except as provided in Section 27, hereinafter.
3. The Contractor warrants that it has not employed or retained any company, firm, or
person, other than a bona fide employee working exclusively for the Contractor, to solicit
or secure this contract; and that it has not paid or agreed to pay to any company, person
or firm, other than a bona fide employee working exclusively for the Contractor, any fee,
commission, percentage, brokerage fee, gift, or other consideration contingent upon or
resulting from the award or making of. this contract. For breach or violation of this
warranty, the County shall have the right to annul this contract.
4. For purposes of this Contract, the Contractor acknowledges that the Contractor is -an
independent contractor and not an officer, employee, or agent of the County. The
Contractor shall not hold the Contractor out as, nor claim status as, an officer, employee,
or agent of the County. The Contractor shall not claim for the Contractor any rights,
privileges, or benefits that would accrue to an employee of the County. The Contractor
shall indemnify and hold the County harmless from all obligations to pay or withhold
federal or state taxes or contributions on behalf of the Contractor.
s. The Contractor warrants that, if it is fully or partially employed by any public agency
other than the County, its acceptance of this contract is with the consent of such agency;
that the Contractor shall spend no time in the performance required in this contract during
which time the Contractor would normally be employed and paid by such agency; and
that the acceptance of this contract will not interfere with any obligations the Contractor
may have to such agency.
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6. Compliance with State Ethics Law. The Contractor shall comply with all applicable
sections of the State Ethics Law, Ch. 42.52 RCW, which regulates gifts to state officers
and employees. Under that statute any state officer or employee who has or will
participate with the Contractor regarding any aspect of this Contract is prohibited from
seeking or accepting any gift, favor, or anything of economic value from the Contractor.
Accordingly, neither the Contractor nor any agent or representative shall offer anything
of economic value as a gift, gratuity, or favor directly or indirectly to any such officer or
employee.
7. During the performance of this contract, the Contractor, for itself, its assigns and
successors in interest, agrees as follows:
a. COMPLIANCE WITH LAWS AND REGULATIONS: The Contractor shall
comply with the Regulations relative to nondiscrimination in Federally assisted
programs of the Department of Transportation, Title 49, Code of Federal
Regulations, Part 21, as they may be amended from time to time, (hereinafter
referred to as the Regulations), which are herein incorporated by reference and
made a part of this contract. The Contractor shall comply with the State Law
Against Discrimination, Ch. 49.60 RCW and any regulations adopted thereto.
b. NONDISCRIMINATION: The contractor, with regard to the work
performed by it during the contract, shall not discriminate on the grounds of age,
sex, marital status, race, creed, color, national origin, or the presence of any
sensory, mental or physical handicap unless based upon a bona fide occupational
qualification, in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The Contractor shall not
participate either directly or indirectly in the discrimination prohibited by Ch.
49.60 RCW or by section 21.5 of the Regulations, including employment
practices when the. contract covers a program set forth in Appendix B of the
Regulations.
c. SOLICITATIONS FOR SUBCONTRACTORS, INCLUDING
PROCUREMENT OF MATERIALS AND EQUIPMENT: In all solicitations
either by competitive bidding or negotiation made by the Contractor for work to
be performed under a subcontract, including procurement of materials or leases
of equipment, each potential subcontractor or supplier shall be notified by the
Contractor of the Contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the above grounds.
d. INFORMATION AND REPORTS: The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant thereto, and
shall permit access to its books, records, accounts, or other sources of
information, and its facilities as may be determined by the County, State
Department of Transportation or the Federal Highway Administration to be
pertinent to ascertain compliance with such Regulations, directives, or laws.
Where any information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall so
certify to the State Department of Transportation, or the Federal Highway
Administration as appropriate, and shall set forth what efforts it has made to
obtain the information.
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e. SANCTIONS FOR NONCOMPLIANCE: In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the County
shall impose such contract sanctions as it or the Federal Highway Administration
may determine to be appropriate including but not limited to:
(1) withholding of payments to the contract until the contractor complies,
and/or
(2) cancellation, termination or suspension of the contract, in whole or in
part
f. INCORPORATION OF PROVISIONS: The Contractor shall include the
provisions of paragraphs a through a in every subcontract, including
procurements of materials and leases of equipment, unless exempt by the
Regulations, or directives issued pursuant thereto. The Contractor shall take such
action with respect to any subcontract or procurement as the State Department of
Transportation or the Federal Highway Administration may direct as a means of
enforcing such provisions including sanctions for noncompliance; provided,
however, that, in the event a Contractor becomes involved in, or is threatened
with, litigation with a subcontractor or supplier as a result of such direction, the
Contractor may request the Jefferson County Department of Public Works to
enter into such litigation to protect the interests of the County; and, in addition,
the Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
8. The Contractor agrees to indemnify, defend and hold Jefferson County and its officers
and employees harmless from and shall process and defend all its own expense all claims,
demands or suits at law or equity arising out of this Agreement and/or the Contractor's
and/or its subcontractor's performance or failure to perform any and all duties prescribed
by the Agreement; provided that nothing herein shall require the Contractor to indemnify
the Jefferson County against and hold harmless Jefferson County from claims, demands
or suits based solely upon the conduct of the County, its officers or employees and
provided further that if the claims or suits are caused by or result from the concurrent
negligence of (a) the Contractor's agents or employees and (b) Jefferson County, its
agents, officers and employees, this indemnity provision with respect to claims or suits
based upon such negligence shall be valid and enforceable only to the extent of the
Contractor's negligence or the negligence of the Contractor's agents or employees.
The Contractor specifically assumes potential liability for actions brought by the
Contractor's own employees against the County and solely for the purpose of this
indemnification and defense the Contractor specifically waives any immunity under the
State Industrial Insurance Law, Title 51 RCW.
9. The Contractor agrees that any duly authorized representative of the County, WSDOT or
of the Federal Highway Administration in the official conduct of its business shall have
access to and the right to examine any directly pertinent books, documents, papers,
photographic negatives, and records of the Contractor involving the services provided
under the terms of this contract at any time during normal business hours during the life
of this contract and for three (3) years after the date of the final payment under this
contract.
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10. The County is contracting for the Contractor's independent performance of the specified
services. Should the County employ another contractor to perform the same services, the
Contractor shall not discuss or otherwise exchange information with such other
contractor.
11. In the performance of the services under this contract, the Contractor shall comply with
all applicable County regulations, State and Federal laws, regulations and procedures.
12. The Contractor shall remove any employee from assignment to perform services under
this contract immediately upon receipt of written request to do so from the Department's
Chief Right of Way Representative or Project Manager.
13. The Contractor shall comply with the Federal Fair Labor Standards Act and any other
legislation affecting its employees and the rules and regulations issued thereunder; and
shall save the County free, clear and harmless from all actions, claims, demands and
expenses arising out of said Act and any rules and regulations that are or may be
promulgated in connection therewith.
14. The Contractor assumes full responsibility for the payment of all payroll taxes, use, sales,
income or any other form of taxes, fees, licenses, excises, or payments required by any
Federal or State legislation which are now or which may be enacted during the term of
this contract as to all the Contractor's employees, and as to all the duties, activities, and
requirements of the Contractor in the performance of this contract.
15. Upon completion or termination of this contract, the Contractor shall turn over all
documents, records and file materials to the County.
16. The services required under this contract are in connection with the following project:
Various Department of Public Works projects to be identified by Task Order.
17. The Contractor shall provide the following described services under the terms of this
contract pursuant to the specific task orders:
a. Appraisal Services. The County shall contract for Appraisal Services using a
Task Order. At a minimum, the Task .Order shall include specific appraisal
services to be provided by the Contractor, the Maximum Task Order Amount, the
Negotiated Hourly Rate, and the date when the Appraisals must be delivered to
the County.
b. Appraisal License Required. The Principal Appraiser designated in the Task
Order must be licensed as a Washington State Certified General Real Estate
Appraiser. The Contractor shall provide evidence of current licensure of the
Principal Appraiser to the County when requested by the County.
c. Appraisal Due Date. The Contractor shall submit one (1) original and the number
of copies. specified in the Task Order of each appraisal to the County by the
Appraisal Due Date specified in the Task Order. The Contractor shall
immediately notify the Appraisal Supervisor named in the Task Order of any
possible delay in meeting the Appraisal Due Date.
d. Project Funding Estimates/Administrative Offer Summary (PFE/AOS) for partial
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acquisitions and easements:
Standards for PFE/AOS. In performing appraisal services, the Contractor shall
comply with Appendix 4-1, Appraisal Report Guide, WSDOT Right of Way
Manual (March 2002), the Uniform Standards of Professional Appraisal Practice,
and the provisions of Washington Administrative Code 468-100-102. The
County shall provide the Contractor with a copy of the Appraisal Report Guide
upon request by the Contractor.
e. Narrative Appraisal Reports.
Standards for Appraisals. In performing appraisal services, the Contractor shall
comply with Appendix 4-1, Appraisal Report Guide, WSDOT Right of Way
Manual (March 2002), the Uniform Standards of Professional Appraisal
Practice, and the provisions of Washington Administrative Code 468-100-102.
The County shall provide the Contractor with a copy of the Appraisal Report
Guide upon request by the Contractor.
Appraisal Documentation. The Contractor shall consider and document in each
Appraisal all elements of potential concern to the owner, the Review Appraiser,
and the County, including:
(1) Neighborhood. The Contractor shall describe the neighborhood location,
boundaries, access, general utilities, and neighborhood trends.
Boilerplate data regarding the state and the region is not needed, unless it
directly relates to the subject property.
(2) Subject Description. The Contractor shall describe the subject property,
including, but not limited to, identification of the larger parcel, access,
topography, shape, available utilities, zoning, and highest and best use of
-the subject as vacant and as improved.
(3) Structural Improvements. The Contractor shall describe improvements,
such as house, garage, or outbuildings, even if not affected by the
acquisition.
(4) Site improvements. The Contractor shall describe improvements affected
by the acquisition such as fencing, septic systems, wells, signs, and
landscaping. Improvements may be outside of the acquisition area but
still may be affected by the acquisition.
(5) Utilities. The Contractor shall describe public or community utilities
such as power, sewer, water, telephone, and gas. If the site lacks public
or community water and sewer systems, the Contractor shall discuss the
ability to support on-site systems.
(6) Property History. The Contractor shall describe the five-year sales
history of the subject property.
(7) Photographs. The Contractor shall include photographs of the subject
property including a street scene, improvements, acquisition area, and
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anything outside of the acquisition area that may be affected by the
acquisition. Contractor shall identify each photograph by number.
(8) Site Map. The Contractor shall include a site map showing north arrow,
dimensions, approximate location of the improvements, acquisition area,
and streets, roads, alleys, and driveways. The site map shall indicate by
photograph number the place and direction where the photographs were
taken.
f. Partial Acquisition Appraisals. The just compensation for the part to be acquired
is the difference between the before value and the after value considering special
benefits. The Contractor shall view the remainder as a new property to be
appraised.
(1) Damages. When applicable, the Contractor shall fully explain the
physical facts that cause the remainder to suffer a loss in value (damages)
and the market facts that justify such a conclusion.
(2) Special Benefits. The Contractor shall use market data to support the
reason for claiming special benefits to the remainder.
(3) Cost to Cure. The Contractor shall support cost to cure solutions that are
necessary to keep the property whole using standard cost service sources
such as Marshall and Swift and estimates from building contractors or
other specialists.
g. Sales Comparison Approach. The Contractor shall obtain at least three
comparable sales in order to demonstrate an evaluation of the market. In each
.Appraisal, the Contractor shall include market data sheets for confirmed sales
containing site map, photographs, dimensions, and sources of information. The
Contractor shall thoroughly discuss and correlate the comparable sales by
weighting to a supportable conclusion.
h. Environmental Contamination. Unless otherwise directed by the County in the
applicable Task Order, the Contractor shall appraise each parcel as if it is free of
environmental contamination. If the Contractor observes any sign of
environmental contamination while appraising a parcel, the Contractor shall
immediately notify the Appraisal Supervisor.
i. Joint Inspection. Pursuant to RCW 8.26.180, the Contractor shall ensure that all
owners or their respective representatives are given an opportunity to accompany
the appraiser on an inspection of the property.
(1) Owner Contact. The Contractor shall make a minimum of three attempts
to contact the property owners to schedule a joint inspection. If
unsuccessful, the Contractor shall send a certified letter to the property
owners asking them to contact the appraiser to schedule the joint
inspection. If the owners do not respond, the Contractor shall notify the
Appraisal Supervisor.
(2) Report of Owner Contact. The Contractor shall document all attempts to
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contact the property owner on the Report of Contact With Owner page of
the Appraisal. The Contractor shall document on said page any
information obtained during discussions with the property owner that
may affect the value or assist with the review or the negotiations of the
property.
j. Leasehold Issues. When applicable, the Contractor shall include the following
information in each Appraisal:
(1) Leasehold Interests. The Contractor shall identify all leasehold interests
and, when possible, obtain a copy of the rental agreement from the
property owner or tenant and the property owner's consent to provide a
copy of the rental agreement to the County.
(2) Market Rent. The Contractor shall include a market analysis in the
Appraisal to determine and support market rent.
(3) Tenant-Owned Property. The Contractor shall identify tenant-owned
improvements and personal property as either fixtures or personal
property. The Contractor shall contact the Appraisal Supervisor who
shall assist with the coordination of a joint inspection with the property
owner, tenant, Contractor, and County personnel.
k. Revisions to Appraisal Reports. If the County determines that revisions to any
Appraisal produced by the Contractor are necessary due to the Contractor's
oversight or fault, the Contractor shall submit the revised Narrative Appraisal
Reports to the Appraisal Supervisor within ten (10) calendar days of receipt of
the County's request for revisions. Contractor shall make the revisions at no
additional cost to the County. Failure to furnish the required information or
revisions within ten (10) calendar days shall be a breach of contract unless the
County agrees in writing to a later date.
18. The Contractor shall be paid for the above described services as follows:
a. Advance Payment Prohibited. The County shall not make any payments in
advance or anticipation of the delivery of services to be provided pursuant to this
Contract. The Contractor will not commence work ' under this contract, or any.
revision thereto, until the. County provides a Task Order, as defined herein.
Billings for services performed prior to the said commencement date will not be
honored
b. Hourly Rates. The Contractor shall bill at the Negotiated Hourly or Appraisal Fee
Rate not to exceed the maximum amount set forth in the applicable Task Order.
Maximum total amount payable under this contract is $ 20,000.00.
c.. Billing Limitations. The Contractor shall not bill and the County shall not pay for
services performed under this Contract if the Contractor has charged or will
charge the County or any other party for the same services.
d. Contractor Expenses. The Contractor shall not bill and the County shall not pay
for expenses associated with this Contract except for specialist reports and
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estimates at rates that have been previously approved by the County.
e. Conformance with Contract. The County shall pay only for authorized services
that meet the requirements of this Contract. The County shall not pay for any
Appraisal or other material that the County determines _is unusable or does not
meet the requirements of this Contract.
f. Invoices. The Contractor shall submit to the Appraisal Supervisor an itemized
invoice for services rendered. The Contractor's invoice shall itemize the date and
number of hours worked, and shall not include the Contractor's expenses except
specialist reports and estimates. The Contractor shall provide copies of the
original supporting documents for specialist reports and estimates authorized
under this Contract. The invoice amount shall not exceed the Maximum Task
Order Amount specified in the applicable Task Order. The Contractor shall
reference the County. Task Order Number, Task Order Amendment Number (if
applicable), and Work Order Number on the Contractor's invoice.
g. Payment Following Receipt of Appraisal Reports. The County shall pay the
Contractor fifty percent (50%) of the Contractor's invoice within thirty (30)
calendar days of receipt of the Appraisals and the Contractor's properly
completed invoice provided that the Appraisals are satisfactory to the County and
received by the Appraisal Due Date specified in the applicable Task Order.
h. Liquidated Damages. If the Contractor delivers any Appraisal to the County later
than the Appraisal Due Date specified in the Task Order or delivers revisions to
.any Appraisal later than ten (10) calendar days after the revisions have been
requested by the County, the County shall impose liquidated damages by
reducing the amount to be paid to the Contractor by one (1) percent of the
Maximum Task Order Amount for each calendar day that any Appraisal or
revisions are late.
Liquidated damages shall not be assessed for any days for which an extension of
time has been granted in writing by the County. No -deduction for liquidated
damages shall release the Contractor from the obligation to complete the work
specified in the Contract. Delays due to action or inaction by the County shall not
be subject to liquidated damages.
i. Waiver for Late Delivery. A delay. in submitting an Appraisal or revision that is
outside of the Contractor's reasonable control may be excused at the sole
discretion of the County.
j. Upon completion of the Appraisal Review, the County shall pay the balance
owed on the Contractor's invoice provided that the Appraisals have passed
review.
19. The project for which the services of the Contractor are required may involve litigation of
claims against or brought by Jefferson County. All work performed by the Contractor is
strictly confidential. No disclosure of the work performed by the Contractor shall be
permitted without the prior express consent of the County.
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20. The Contractor shall satisfactorily complete the services contracted for herein on or
before: As specified per Task Order. This contract shall terminate 3 years following the .
execution date by the Jefferson County Board of County Commissioners. Billings for
services performed after the said termination date will not be honored,. except as
otherwise specified in Section 27.
21. Revisions to this contract may be made only by the mutual written agreement of both
parties to this contract to execute a Contract Revision.
22. The Contractor shall not assign this Contract or any rights or obligations contained in this
Contract to a third party.
23. To assist the Contractor in fulfilling the termination of this contract, the Department will
furnish the following:
• Preliminary Title Reports for the respective properties
• Right of Way Plans and maps as needed.
24. The Public Works Director and or the County Engineer or his representative will
supervise the performance of this contract and is the Contractor's contact with the County
in all matters pertaining to this contract.
25. Insurance Requirements:
a. COMMERCIAL AUTOMOBILE LIABILITY INSURANCE
The CONTRACTOR shall obtain and keep in force during the terms of the
Contract, Commercial Automobile Liability Insurance as follows:
Commercial Automobile Liability Insurance providing bodily injury and property
damage liability coverage for all owned and non-owned vehicles assigned to or
used in the performance of the work for a combined single limit of not less than
$500,000 each occurrence, with the COUNTY named as an additional insured in
connection with the CONTRACTOR'S performance of the contract.
Said Commercial Automobile Liability policy shall name the County of Jefferson
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
County. Certificates of coverage as required by this section shall be delivered to
the County within fifteen (15) days of execution of this agreement.
b. GENERAL COMMERCIAL LIABILITY INSURANCE
The CONTRACTOR shall obtain and keep in force during the terms of the
Contract, General Commercial Liability Insurance as follows:
General Commercial Liability Insurance in an amount not less than a single limit
of one million dollars ($1,000,000) per occurrence and an aggregate of not less
than two (2) times the occurrence amount ($2,000,000.00 minimum). for bodily
injury, including death and property damage, unless a greater amount is specified
in the contract specifications. The insurance coverage shall contain no
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limitations on the scope of the protection provided and include the following
minimum coverage:
(1) Broad Form Property Damage, with no employee exclusion;
(2) Personal Injury Liability, including extended bodily injury;
(3) Broad Form Contractual/Commercial Liability including completed
operations;
(4) Premises - Operations Liability (M&C);
(5) Independent Contractors and subcontractors;
(6) Blanket Contractual Liability.
Such insurance coverage shall be evidenced by one of the following methods:
(1) Certificate of Insurance
(2) Self-insurance through an irrevocable Letter of Credit from a qualified
financial institution.
26. Venue and Choice of Law: In the event that any Litigation should arise concerning the
services of interpretation of any of the terms of this Agreement, the venue of such action
of Litigation shall be in the courts of the State of Washington in and for the County of
Jefferson. This agreement shall be governed by the Law of the State of Washington.
27. Special Provisions:
a. Any additional request in addition to the services as specified in Section 18
above, as directed by the Project Manager in writing, after the date of the
expiration of said agreement, shall be honored by the County at the same rate of
payment as defined in Section 19, above.
b. Disputes. Either party who has a dispute concerning this Contract may request
dispute resolution. The Contractor's request for dispute resolution must:
(1) be received by Jefferson County Department of Public Works Office at
623 Sheridan Street, Port Townsend, Washington 98368 or Box 2070, Port
Townsend, Washington 98368 no later than thirty (30) days after Contract
termination or the Contract End Date shown on page 1 of this Contract;
(2) be sent by certified mail (return receipt) or other manner that proves that
the Department of Public Works received the request;
(3) - include a statement explaining the Contractor's position; and
(4) include the specific provisions of this Contract that support the
Contractor's position and a statement of the reasons why such provisions support
the claim.
The Department of Public Works shall first attempt to resolve the dispute within
thirty (30) days of receipt of the Contractor's request. If the dispute cannot be
resolved or if the County requests dispute resolution regarding an issue it may
have with the Contractor, the parties shall agree to select an independent third
party to serve as a mediator. The cost of the mediation process shall be shared
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equally by the parties with each party bearing its own preparation costs. The
selection of the mediator and the time and place of mediation shall be agreed
upon by the parties. The dispute resolution process is a contractual condition
precedent to either party's right to seek judicial or quasi-judicial relief.
c. Termination Due to Change in Funding. If the funds the County relied upon to
establish this Contract or any Task Order are withdrawn or reduced, or if
additional or modified conditions are placed on such funding, the County may
immediately terminate this Contract by providing written notice to the
Contractor. The termination shall be effective on the date specified in the notice
of termination.
d. Termination for Convenience. The County may terminate this Contract or any
Task Order for any reason at any time upon ten (10) days' written notice to the
Contractor. In the event this Contract is terminated for convenience, a final
payment shall be made to the Contractor for those services authorized and
provided through the date of termination.
e. Termination for Default.
(1) Basis for Termination. If the County determines the Contractor has failed
to comply with any of the terms and conditions of the Contract in a timely
manner; failed to meet or maintain any requirement for contracting with the
County; and/or violated any applicable laws or regulations, the County has the
right to terminate this Contract for default. The County shall notify the
Contractor in writing of the need to take corrective action. If corrective action is
not taken within ten (10) days, the Contract may be terminated. If the County
determines the Contractor has failed to meet or maintain any requirement for
contracting with the County or violated any applicable laws or regulations, the
County may terminate the Contract without providing an opportunity to cure. If
this Contract Js terminated, the Contractor shall be liable,, for damages as
authorized by law. If it is determined for any reason that the Contractor was not
in default, the termination shall be deemed a termination for convenience by the
County and the Termination for Convenience provision of this Contract shall
apply.
(2) Determination of Payment. The amount to be paid to the Contractor shall
be determined by the County with consideration given to: the amount of work
originally required that was satisfactorily completed to the date of termination;
whether the work is usable to the County at the time of termination; the cost of
employing another firm to complete the work and the time. which may be
required to do so; and, other factors which affect the value of the work to the
County at the time of termination.
f. Termination Procedure. The following provisions apply if this Contract is
terminated:
(1) Stop Work. The Contractor shall cease to perform any services required
by this Contract as of the effective date of termination and shall comply with all
instructions contained in the notice of termination.
13
(2) Delivery of Material. The Contractor shall immediately deliver to the
Appraisal Supervisor, or to his or her successor, all material created to date under
any Task Order.
(3) Billing and Payment. The Contractor shall only bill for, and the County
shall only be obligated to pay for, services provided through the date of
termination. The County's payment for any part of the work shall not constitute
a waiver by the County of any remedies of any type it may have against the
Contractor for breach of this Contract by the Contractor, or for failure of the
Contractor to perform work required by the County.
28. Waiver of any provision of this Contract by the County shall only be effective if in
writing and signed by an authorized Department of Public Works employee. Waiver of
any breach or default on any occasion shall not be deemed to be a waiver of any
subsequent breach or default and shall not be construed to be a modification of the terms
and conditions of this Contract.
29. This Contract, including referenced exhibits, represents all the terms and conditions
agreed upon by the parties. No other understandings or representations, oral or otherwise,
regarding the subject matter of this Contract shall be deemed to exist or bind the parties.
14
30. This Personal Service Contract is hereby tendered and the terms and obligations hereof
shall not become binding on Jefferson County unless and until accepted and approved
hereon in writing for the Jefferson County Board of County Commissioners, and by the
Department of Public Works Director or his duly authorized representative.
Executed by the Contractor
Contractor:
The Granger Company
7312 Meridian Road SE
Olympia WA 98513-892
By:
Joseq(Granger
2010
State of Washington, Contractor Registration Number
DATED this _ day of q-4 Gtr , 2010.
County of Jefferson
Board of Commissioners
David W. Sullivan, Chair
Phil Johnson, Member
John Austin, Member -%,
Approved as to form only this A
d
of 2010
oa&j oval h
Deputy Prosecuting Attorney
Frank Gifford
Public Works Director
15
EXHIBIT A
CERTIFICATION OF CONSULTANT
Project No.
Jefferson County
I hereby certify that I am f?_[?,?} , and duly authorized representative of
the firm of and that neither I nor the above
firm I here represent has: a/ 49 r
(a) Employed or retained for a commission, percentage, brokerage, contingent fee or other
consideration, any firm or person (other than a bona fide employee working solely for me
or the above Contractor) to solicit or secure this contract.
(b) Agreed, as an express or implied condition for obtaining this contract, to employ or retain
the services of any firm or person in connection with carrying out the contract.
(c) Paid, or agreed to pay, to any firm, organization or person (other than a bona fide
employee working solely for me or the above Contractor) any fee, contribution, donation
or consideration of any kind for, or in connection with procuring or carrying out the
contract; except as here expressly stated (if any):
I further certify that the firm I hereby represent is authorized to do business in the State of
Washington and that the firm is in full compliance with the requirements of the Board of
Professional Registration.
I acknowledge that this certificate is to be available to the State Department of Transportation and
the Federal Highway Administration, U.S. Department of Transportation, in connection with this
contract involving participation of Federal aid funds and is subject to applicab tate and Federal
laws, both criminal and civil. ? ?
Date
CERTIFICATION OF AGENCY OFFICIAL
I hereby certify that I am the AGENCY Official of the County of Jefferson, Washington State and
that the above consulting firm or its representative has not been required, directly or indirectly as an
express or implied condition in connection with obtaining or carrying out this contract to:
(a) Employ or retain, or agree to employ or retain, any firm or person, or
(b) Pay or agree to pay to any firm, person or organization, any fee, contribution, donation or
consideration of any kind, except as here expressly stated (if any).
I acknowledge that this certificate is to be available to the Federal Highway Administration, U.S.
Department of Transportation, in connection with this contract involving participation of Federal
aid highway funds and is subject to applicable State and Fe eral laws, both criminal and civil.
D& Si ture
16
EXHIBIT B
CERTIFICATION REGARDING DEBARMENT, SUSPENSION AND OTHER
RESPONSIBILITY MATTERS - PRIMARY COVERED TRANSACTIONS
The prospective primary participant certifies to the best of its knowledge and belief that it and its
principals:
1. Are not presently debarred, suspended, proposed for debarment, declared ineligible,
or voluntarily excluded from covered transactions by any Federal department or
agency;
2. Have not within a three (3) year period preceding this proposal been convicted of or
had a civil judgment rendered against them for commission of fraud or a criminal
offense in connection with obtaining, attempting to obtain, or performing a public
(Federal, State, or local) transaction or contract under a public transaction; violation
of Federal or State anti-trust statutes or commission of embezzlement, theft, forgery,
bribery, falsification or destruction of records, making false statements, or receiving
stolen property;
3. Are not presently indicted for or otherwise criminally or civilly charged by a
governmental entity (Federal, State, or local) with commission of any of the offenses
enumerated in paragraph (2) of this certification; and
4. Have not within a three (3) year period preceding this proposal had one or more .
public transactions (Federal, State and local) terminated for cause or default.
Where the prospective primary participant is unable to certify to any of the statements in this
certification, such prospective participant shall attach an explanation to this proposal.
Consultant (Firm Name)
Official or Consultant)
17
1.--3 ,-t-e6
DATE
EXHIBIT C
CERTIFICATIONS AND ASSURANCES
Uwe make the following certifications and assurances as a required element of the Proposal to
which it is attached, understanding that the truthfulness of the facts affirmed here and the
continuing compliance with these requirements are conditions precedent to the award or
continuation of the related contract.
1. The prices and/or data have been determined independently, without consultation,
communication, or agreement with others for the purpose of restricting competition.
However, Uwe may join with others for the purpose of representing a single proposal.
2. The attached proposal is a firm offer for a period of sixty (60) days following receipt, and it
may be. accepted by Jefferson County without further negotiation (except where obviously
required by lack of certainty in key terms) at any time within the sixty (60) day period.
3. In preparing this proposal, I/we have not been assisted by any current or former employee of
the County whose duties relate (or did relate) to this proposal or prospective contract, and
who was assisting in other than his or her official, public capacity. Neither does such a person
nor any member of his or her immediate family, have any financial interest in the outcome of
this proposal. (Any exceptions to these assurances are described in full detail on a separate
page and attached to this document.)
4. I/we understand that Jefferson County will not reimburse me/us for any costs incurred in the
preparation of this proposal. All proposals become the property of the County, and Uwe claim
no proprietary right to the ideas, writings, items, or samples.
5. Uwe warrant that in connection with this proposal no attempt has been made or will be made
by the Firm to induce any other person of Firm to submit or not to submit a proposal for the
purpose of restricting competition.
6. Unless otherwise required by law, the prices and/or cost data which have been submitted have
not been knowingly disclosed by the Consultant and will not knowingly be disclosed by
him/her prior to opening, directly or indirectly to any other Consultant or to any competitor.
7. Uwe agree that submission of the attached proposal constitutes acceptance of the RFP
contents and the attached sample contract. If there are any exceptions to these terms, I/we
have described those exceptions in detail on a page attached to this document.
8. I/we understand that there is no guarantee of any work assignments even if Uwe are awarded
this master three-year personal services contract.
Firm
Firm Of
Firm Of
Date 18
EXHIBIT D
2010
RATE SCHEDULE
HOURLY BILLING RATES
the Granger Company:
Joseph H. Granger, State Generally Certified Appraiser, Principal. $ 100 per HR
NA MAI, Senior Associate $ HR
NA Associate $ HR
NA Associate $ HR
These rates are all inclusive (fully burdened), and are current for the year 2010. An
annual 5% increase for hourly rates (effective January first of each consecutive year)
should be reflected in all contracts. There are "no direct cost charges", except for special
circumstances (i.e. extraordinary charges for travel airfare, transportation, etc.), which
would be negotiated separately. Travel will be billed per Washington State Department
of Transportation Travel Regulations. All sub consultant costs and direct reimbursement
will be at cost with no mark-ups.
Appraisal Fee Rates:
Project Funding Estimate $ NA per report.
Summary Appraisal Reports - Before and After: $ NA /report
Self Contained Appraisal Report - Before and After $ NA /report
Appraisal Review & Certificate $ 700 to 1,500 /report
The range reflects the complexity of the specific properties and proposed acquisition.
Appraisal Reports and cost estimates will be defined per Task order.
EXHIBIT E
Sample Task Order Document
CONTRACTOR:
TASK ORDER DOCUMENT
TASK NUMBER # 1
The general provisions and clauses of Agreement for Appraisal Services for the
executed shall be in full force and effect for this Task Assignment.
Location of Task: Jefferson County is seeking to acquire land for a public Sewer & Waste water
facility with federal funds, being located in the vicinity , Jefferson
County, (Section 00, TOON, ROW). APN
Project Title: Project Funding Estimate Services for the Project.
Maximum Amount Payable Per Task Assignment #1:
Completion Date: 45 days from execution of Task Order.
plus expenses.
Description of Work: In keeping with contractual and professional standards, the partial acquisition
appraisals will be used to assist the Department of Public Works efforts to acquire pipeline easements and
fee simple interest acquisitions over the subject larger parcel properties with Federal funding. For the
initial properties of : the highest and best use
analysis, larger parcel discussion and the direct sales comparison approach shall be used in estimating value
and shall be provided in the narrative format.
Initial Project Appraisal shall include :
a.
b.
C.
d.
e.
Agency Project Manager Signature:
Oral Authorization Date:
Consultant Signature:
Agency Approving Authority:
Date: _
See Letter Dated:
Date: _
Date:
20