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HomeMy WebLinkAbout275829 BONNIE ROERIG & ASSOCIATES - CONTRACT - RFP - P921 APPRAISAL SERVICESPROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT made and entered into the day and year set forth below, by and between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter referred to as the "City" and Bonnie Roerig and Associates, hereinafter referred to as "Professional." WITNESSETH: In consideration of the mutual covenants and obligations herein expressed, it is agreed by and between the parties hereto as follows: Scope of Services. The Professional agrees to appraise seven (7) properties for the North College Avenue/Highway 287 Corridor Project (the 'Project') as described on Exhibit "A," in accordance with Uniform Standards of Professional Appraisal Practices (USPAP), 2003 edition, that would generally meet the requirements of a self-contained report in all sections but the Regional and City descriptions. 2. Time of Completion of Services. The services to be performed pursuant to this Agreement shall be completed in four (4) weeks from the execution of this agreement. Time is of the essence. Any extensions of the time limit set forth above must be agreed upon in writing by the parties hereto. 3. Early Termination by City. Notwithstanding the time periods contained herein, the City may terminate this Agreement at any time without cause by providing written notice of termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the termination date contained in said notice unless otherwise agreed in writing by the parties. All notices provided under this Agreement shall be effective when mailed, postage prepaid and sent to the following addresses: Professional: Bonnie D. Roerig, MAI Bonnie Roerig & Associates 1720 S. Bellaire St.. Suite 1100 Denver, CO 80222-4335 City: City of Fort Collins Purchasing Department P.O. Box 580 Fort Collins, CO 80522-0580 With Copy to: Ron Mills Real Estate Services Manager City of Fort Collins P.O. Box 580 Fort Collins, CO 80522 In the event of any such early termination by the City, the Professional shall be paid for services rendered prior to the date of termination, subject only to the satisfactory performance of the Professional's obligations under this Agreement. Such payment shall be the Professional's sole right and remedy for such termination. 4. Design, Project. Indemnity and Insurance Responsibility. The Professional shall be responsible for the professional quality, technical accuracy, timely completion and the coordination of all services rendered by the Professional, including but not limited to, designs, plans, reports, specifications, and drawings and shall, without additional compensation, promptly remedy and correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and hold harmless the City, its officers and employees in accordance with Colorado law, from all damages whatsoever claimed by third parties against the City; and for the City's costs and reasonable attorneys fees, arising directly or indirectly out of the Professional's performance of any of the services furnished under this Agreement. The Professional shall maintain commercial general liability insurance in the amount of $500,000 combined single limits, and errors and omissions insurance in the amount of $500,000. 5. Compensation. In consideration of the services to be performed pursuant to this Agreement, the City agrees to pay the Professional based on her hourly fee of $175.00/hour. The total compensation is not to exceed $17,500,00. Upon final payment, all designs, plans, reports, specifications, drawings, and other services rendered by the Professional shall become the sole property of the City. It is understood by the parties that the City will provide the Professional information listed on Exhibit "B" attached hereto and made a part hereof. 6. City Representative. Ron Mills, Real Estate Services Manager, is the project representative who shall make, within the scope of his authority, all necessary and proper decisions with reference to the project. All requests for contract interpretations, change orders, and other clarification or instruction shall be directed to the City Representative. 7. Independent Contractor. The services to be performed by Professional are those of an independent contractor and not of an employee of the City of Fort Collins. The City shall not be responsible for withholding any portion of Professionals compensation hereunder for the payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose. 2 8. Personal Services. It is understood that the City enters into this Agreement based on the special abilities of the Professional and that this Agreement shall be considered as an agreement for personal services. Accordingly, the Professional shall neither assign any responsibilities nor delegate any duties arising under this Agreement without the prior written consent of the City. 9. Acceptance Not Waiver. The City's approval of drawings, designs, plans, specifications, reports, and incidental work or materials furnished hereunder shall not in any way relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's approval or acceptance of, or payment for, any of the services shall not be construed to operate as a waiver of any rights or benefits provided to the City under this Agreement. 10. Default. Each and every term and condition hereof shall be deemed to be a material element of this Agreement. In the event either party should fail or refuse to perform according to the terms of this Agreement, such party may be declared in default. 11. Remedies. In the event a party has been declared in default, such defaulting party shall be allowed a period of ten (10) days within which to cure said default. In the event the default remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail him/herself of any other remedy at law or equity. If the non -defaulting party commences legal or equitable actions against the defaulting party, the defaulting party shall be liable to the non - defaulting party for the non -defaulting parry's reasonable attorney fees and costs incurred because of the default. 12. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire agreement between the parties and shall be binding upon said parties, their officers, employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal representatives, successors and assigns of said parties. 13. Law/Severability. The laws of the State of Colorado shall govern the construction, interpretation, execution and enforcement of this Agreement. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision of this Agreement. 3 14. Facsimile Signatures. The parties agree that facsimile signatures shall be an acceptable means of executing this Agreement. ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation Jam B. 'Neill Il, CPPO Direc r f Purchasing & Risk Management Date: _ ZT/ C3 Bonnie Roerig and Associates By: Bonnie D. Roerig, MAI, Principal and Owner Date: Acknowledged before me this 23rd day of January, 2003, by Bonnie D. Roerig, MAI. M Fpy t 3 n' ta`ry ublic ` Mj�Gom 1' Tres 3/15/05 �7�0 S quite 1100 . r, 2 (AppraisalPSAForm Roerig.docl /23/03) 4 STATE OF COLORADO ) CITY AND COUNTY OF DENVER )gs EXHIBIT "A" Prooertv Owner 1. Garner 2. Hibler & Rieger 3. HWH Enterprises, LLC 4. McBride 5. Schrader 6. Standley 7. Wade Total: Fee $3,000 $2,500 $2,500 $2,200 $2,200 $3,000 2 100 $17,500 5 EXHIBIT "B" 1. Legal descriptions of land and easements to be acquired. 2. Copies of title commitments showing encumbrances and legal descriptions of the entire properties to be appraised. 3. Any information about history of the properties that might be available. 4. An overview of the project for which the properties and property rights are being sought. 5. Contact information for the property owners or the owners' representatives. 6. Any other information about the properties that City deems important for the appraisal process. 0