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HomeMy WebLinkAboutKILTY COMPANY - 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 Kilty & Company, 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 WOPSA 5/01 1 WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND McCarty Land & Water Valuation, Inc. DATED: Work Order Number: 1 Purchase Order Number: Project Title: Appraisal Services Commencement Date: Completion Date: April 30, 2004 Maximum Fee: (time and reimbursable direct costs): $8,500 Project Description: Bartran Ent. LLC Appraisal Scope of Services: Appraisal Services including Fee Simply Only, CE Appraisal, Sod Farm Appraisal 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: -�Z Date: /ay 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 C�o_jlins r By: Director of Purchasing and Risk Management (over $30,000.00) Date: 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: Kilty & Company Attn: David M. Kilty 1805 South Bellaire St #408 Denver, CO 80222 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 WOPSA 5101 2 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 WOPSA 5101 3 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, WOPSA 5/01 4 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: Ift- X J es B. Neill II, CPPO, FNIG irector of Purchasing & Risk Management Date: Al % rT Kilty & Company By: Title: CORPORATE PRESIDENT OR VICE PRESIDENT Dater C ATTEST: = — `/ (Corporate Seal) Corpora e ecr tary WOPSA 5/01 5 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 Assianment 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. WOPSA 5/01 6 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 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: WOPSA 5101 7 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: A Director of Purchasing and Risk Management (over $30,000.00) Date: Exhibit "C' ;.-d6.fU ..•�R[ rS ,'k'. i,f: ;:; e,. C�'AS '4.1P «y. [` .JE. €.• Appralsat 8ervtces - Hourly 3ff5 'hour Court and U n-Reef Swvkos $140 pw hoar Appraisals for partial takings for "nent domafn pLrasea are typically in the $4MO to $5,000 range. tacit the whist fee Cn Me compiaxIty of IM property. Further, mailappraisal projects can have some lee of scale and Owe is typically as perdiscount item the tee range steated above. Conswvaijon Oasemni gppnftgh eieo hy� range beams $4,OW to $5,O00. but again, the efwel fee depends on the complexity of dhe Property and easement lmmhvd. WOPSA 5101 WORK ORDER FORM PURSUANT TO AN AGREEMENT BETWEEN THE CITY OF FORT COLLINS AND McCarty Land & Water Valuation, Inc. DATED: Work Order Number: Purchase Order Number: Project Title: Appraisal Services Commencement Date: Completion Date: April 30, 2004 Maximum Fee: (time and reimbursable direct costs): $8,500 Project Description: Bartran Ent. LLC Appraisal Scope of Services: Appraisal Services including Fee Simply Only, CE Appraisal, Sod Farm Appraisal 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 Date: a /ice /o ff 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 Fo Col ins By: Date: By: Director of Purchasing and Risk Management (over $30,000.00) Date: