HomeMy WebLinkAboutAPPRAISAL SPECIALTIES - CONTRACT - RFP - P921 APPRAISAL SERVICESPROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
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 Appraisal Specialties, Inc., 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:
1. Scope of Services. The Professional agrees to provide services in accordance
with any project Work Orders for Appraisal Services, issued by the City and with the scope of
services attached hereto as Exhibit "A", consisting of two (2) pages, and incorporated herein by
this reference. A blank sample of a work order is attached hereto as Exhibit "B", consisting of
one (1) page and is incorporated herein by this reference. No Work Order shall exceed
$30,000. The City reserves the right to independently bid any project rather than issuing a Work
Order to the Professional for the same pursuant to this Agreement.
2. " The Work Schedule. The services to be performed pursuant to this Agreement
shall be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be
performed pursuant to this Agreement shall be initiated as specified on each Work Order. Time
is of the essence. Any extensions of any time limit must be agreed upon in writing by the
parties hereto.
4. Contract Period. This Agreement shall commence March 1, 2004, and shall
continue in full force and effect until February 28, 2005 unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional
one year periods not to exceed four (4) additional one year periods. Pricing changes shall be
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negotiated by and agreed to by both parties and may not exceed the Denver - Boulder CPI-U as
published by the Colorado State Planning and Budget Office. Written notice of renewal shall be
provided to the Service Provider and mailed no later than ninety (90) days prior to contract end.
5. Early Termination by City/Notice. 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 address:
Professional:
Appraisal Specialties, Inc.
Attn: Harold Sommers
105 S. Meldrum St #1
Fort Collins, CO 80521
City
City of Fort Collins
Attn: Purchasing
PO Box 580
Fort Collins, CO 80522
With copy to
City of Fort Collins
Attn: Ralph Campano
117 N. Mason
Fort Collins, CO 80524
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.
6. Design, Project Insurance 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
negligent performance of any of the services furnished under this Agreement. The Professional
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shall maintain commercial general liability insurance in the amount of $500,000 combined single
limits, and errors and omissions insurance in the amount of
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "C", consisting of one (1) page, attached hereto and incorporated herein
by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City -verified
progress in completing the services to be performed pursuant to the Work Order and upon
approval of the Professional's direct reimbursable expenses. Final payment shall be made
following acceptance of the work by the City. Upon final payment, all designs, plans, reports,
specifications, drawings, and other services rendered by the Professional shall become the sole
property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her 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.
9. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order,
Work Schedule and other material information. Failure to provide any required monthly report
may, at the option of the City, suspend the processing of any partial payment request.
10. 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
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not be responsible for withholding any portion of Professional's compensation hereunder for the
payment of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
11. 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.
12. 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.
13. 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.
14. 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 himself 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 party's reasonable attorney fees
and costs incurred because of the default.
15. 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,
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employees, agents and assigns and shall inure to the benefit of the respective survivors, heirs,
personal representatives, successors and assigns of said parties.
16. 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.
THE CITY OF FORT COLLINS, COLORADO
By: �V/�
am s B. O'Neill II, CPPO, FNIGP
r for of Purchasing & Risk Management
Date:
Appraisal Specialties, Inc.
By: V'
Title: fl<6E '
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: To/o.�
ATTEST:
(Corporate Seal)
Corporate Secretary
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Exhibit "A"
Scope of Services
Purpose of the Appraisal
The purpose of the appraisal is to estimate the fee simple value of the subject property. The
appraisal will be used by the Clients as a basis for negotiating the transfer of the subject
property.
Scope of Assignment
Perform appraisal services in accordance to any project work orders. To develop the opinions of
value, we require that you perform a Complete Appraisal in a Self Contained Report as defined
by the Uniform Standards of Professional Appraisal Practice (USPAP). This means that
departures from Standard 1 will not be invoked. The use of Extraordinary Assumptions or
Hypothetical Conditions is not allowed. The appraisals will set forth the data, reasoning and
analyses that are used in the appraisal process to develop the appraiser's opinions of value.
All applicable appraisal techniques should be considered. Specific attention should be paid to
the Highest and Best Use, Sales Comparison Approach and Development Analysis sections of
the report. The appraisal report should also specifically address all of the Relevant Findings of
Fact, including those identified in the Conceptual Review.
Recreational Trail
The City of Fort Collins is seeking to acquire a Recreational Trail right-of-way (ROW) through
privately owned areas. Well supported appraisal reports will be required to successfully
acquire the properties.
The Scope of the assignment should incorporate a number of specific issues including:
The report should detail the Appraisers experience and qualifications in appraising
partial acquisitions of Recreational Trail ROW.
Extra attention should be given to identifying the Larger Parcels. Specifically, the report
should provide a discussion on whether or not the surrounding single family dwellings
are part of the Larger Parcels.
A part of the trail alignment passes through an Open Space Tract with limited economic
utility. The site utility should be incorporated into the land value conclusion.
Parts of the trail alignment incorporate existing irrigation improvements owned by the
land owners. The analysis should specifically address the impact of the ROW on the
improvements.
Specific attention should be paid to determining whether or not the planned ROW will
result in any "Damages" to the remainder parcel.
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EXHIBIT "B"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
DATED:
Work Order Number:
Purchase Order Number:
Project Title:
Commencement Date:
Completion Date:
Maximum Fee: (time and reimbursable direct costs):
Project Description:
Scope of Services:
Acceptance
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In the
event of a conflict between or ambiguity in the
terms of the Professional Services Agreement
and this work order (including the attached
forms) the Professional Services Agreement
shall control.
Professional
By:
Date:
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3
User
The attached forms consisting of (_) pages
are hereby accepted and incorporated herein, by
this reference, and Notice to Proceed is hereby
given.
City of Fort Collins
By:
Date:
By:
Director of Purchasing and Risk Management
(over $30,000.00)
Date:
Exhibit "C"
400 to be cia rjett
My curt hourly race is $100 per hour, with completed appraisal assignmersts usually costing
between 52,5W and $6,000, depending upon the comipkxity of due assignment and the detail
required by the client. Support appraisers rates are between $50 and $75 per hour.
My litigation rate is $125 per hour, inchatirt& pmparatory tarts. The support appraisers' litigation
fee is S100 per hour. These rates are negotiable.
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