HomeMy WebLinkAboutOn Call Appraiser Review Appraiser RFP Final 17-02
RFP #17‐02
Appraisal/Review Appraisal Services
1
CITY OF PORT TOWNSEND, WA
REQUEST FOR PROPOSAL
ON CALL REAL ESTATE APPRAISAL
AND REVIEW APPRAISAL SERVICES
The City of Port Townsend is soliciting interest from consultants with expertise in appraisals
and review appraisal services on an on-call basis. Consultants should have experience with
right of way appraisals and be familiar with appraisals for property purchased for projects
with federal funding.
The consultant must qualify for appraisal services and review appraisal services for
WSDOT, with their names appearing on the current WSDOT Approved Appraiser List
which may be found at:
http://www.wsdot.wa.gov/RealEstate.
Currently, the City is seeking an appraisal and review appraisal of property to be purchased
for a regional stormwater facility. However, a specific property has not yet been identified.
SUBMITTAL
Submittals should include the following information: Firm name, phone and fax numbers;
name of principal-in-charge of project; estimate of fees and costs; estimated time to
complete services; experience in requested services.
Submittals will be evaluated and ranked based on the following criteria: 1) Key personnel;
2) Firm experience with right of way appraisals (appraisal review), 3) Average
turnaround time; 4) Approach to project; 5) Familiarity with relevant codes and standards;
6) Familiarity with WSDOT/FHWA standards; 7) Past performance/references; 8)
Estimated cost and fee and 9) DBE approach and commitment.
Double rating will be given to criteria #6.
The City of Port Townsend may then interview and check references of one or more firms before
finalizing the evaluation.
The City of Port Townsend encourages disadvantaged, minority, and women-owned firms
to respond.
Please submit four (4) copies of your Request for Proposal to: Joanna Sanders, City Clerk
at 250 Madison Street, Ste. 2, Port Townsend WA 98368 by Wednesday February 24, 2017
by 3:00pm. Responses delivered later will not be accepted. All mailed proposals shall be
placed in a sealed envelope, which is clearly marked "APPRAISAL SERVICES." Responses
by PDF format are acceptable and shall be sent to jsanders@cityofpt.us. No fax
submissions accepted. The City of Port Townsend is not responsible for delays in delivery. A
consultant may submit a proposal for appraisal and/or review appraisal services. Work
performed may be subject to Federal requirements. Appraisers must qualify as appraisers
for WSDOT.
Americans with Disabilities Act (ADA) Information
The City of Port Townsend in accordance with Section 504 of the Rehabilitation Act
(Section 504) and the Americans with Disabilities Act (ADA), commits to
nondiscrimination on the basis of disability, in all of its programs and activities. This
material can be made available in an alternate format by emailing Joanna Sanders, City
Clerk, at jsanders@cityofpt.us or by calling collect to City Clerk (360)379-5047.
Questions regarding this Request for Proposal may be directed in an email to Samantha Trone,
Assistant City Engineer strone@cityofpt.us.
If the consultant appraises property or provides review appraiser services for a project
which is funded in part or whole utilizing federal funds, the consultant must comply with
Federal EEO requirements. The City, in accordance with Title VI of the Civil Rights Act of
1964, 78 Stat. 252, 42 U.S.C. 2000d to 2000d-4 and Title 49, Code of Federal Regulations,
Department of Transportation, Subtitle A, Office of the Secretary, Part 21,
Nondiscrimination in Federally-assisted programs of the Department of Transportation
issued pursuant to such Act, hereby notifies all consultants that it will affirmatively ensure
that in any contract entered into pursuant to this advertisement, disadvantaged business
enterprises as defined at 49 CFR Part 26 will be afforded full opportunity to submit
proposals in response to this invitation and will not be discriminated against on the grounds
of race, color, national origin, or sex in consideration for an award.
ATTACHMENTS
Attachment A – Sample City of Port Townsend Professional Services Agreement
Attachment B – Sample WSDOT Professional Services Agreement template
Attachment C – Sample City of Port Townsend PSA for projects with federal funding
Attachment D – Sample WSDOT Scope of Work Outline
The City of Port Townsend reserves the right to cancel this request or reject any and all
proposals.
Dates of publication in the Port Townsend Leader: February 8 and February 15, 2017.
ATTACHMENT A
Sample City of Port Townsend Professional Services Agreement
1. Contract Title:
2. Parties: City of Port Townsend (hereinafter “City”), and, ____________ (hereinafter,
“Consultant”).
3. Total Amount:
4. Date of Contract: _____________________________, 2017
THIS AGREEMENT is entered into between the above named Parties as follows:
1. Services and Performance by Consultant. The Consultant shall provide services as described
in Attachment 1.
2. Payment by the City. The City shall provide by payment a total amount not to exceed the
amount set forth above for services provided in this Agreement.
3. Term and Completion of Work. This Agreement shall remain in effect until completion of the
services described in Attachment 1 and final payment has occurred, unless terminated in accordance with
this Agreement. Work shall not commence until the City provides Consultant with written notice to
proceed. The City will not issue a notice to proceed until Consultant has provided insurance as required
by this Agreement. All work shall be completed by ______________________.
4. Insurance Requirements. Consultant shall take out and maintain insurance as set forth in
Attachment 2.
5. General Terms
A. Payment Schedule and Terms
1. The project fee set forth in this Agreement is the total amount due to the Consultant for all
services performed and expenses incurred under this Agreement.
2. The project fee includes direct labor costs, overhead costs, and direct (expense) costs, including
materials, supplies, equipment, costs for travel, reproduction costs and telephone, facsimile and
computer use incurred during the billing period.
3. The Consultant shall maintain time and expense records and provide them not more frequently
than monthly to the City, along with invoices in a format acceptable to the City for work
performed to the date of invoice. Consultant shall provide progress reports, scheduling and
completion information on request of the City.
4. Consultant shall keep cost records and accounts pertaining to this Agreement available for
inspection by the City‘s representative for three (3) years after final payment. Consultant will
provide copies to the City upon request at no additional charge.
5. If the services rendered do not meet the requirements of the Agreement, the Consultant will
correct or modify the work to comply with the Agreement. The City may withhold payment for
such work until the work meets the requirements of the Agreement.
B. Termination. The City may terminate this Agreement for cause after notifying the Consultant of its
default and giving the Consultant 10 days to cure the default. Consultant will be paid just and equitable
compensation as provided in Paragraph 2 for any satisfactory work completed prior to the date of
termination.
C. Indemnification / Hold Harmless
Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers
harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of
or resulting from the willful misconduct or negligent acts, errors or omissions of the Consultant in
performance of this Agreement, except for injuries and damages caused by the negligence of the City.
Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then,
in the event of liability for damages arising out of bodily injury to persons or damages to property caused
by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials,
employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder
shall be only to the extent of the Consultant's negligence. It is further specifically and expressly
understood that the indemnification provided herein constitutes the Consultant's waiver of immunity
under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver
has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
D. No Partnership. The Parties agree that nothing contained in this Agreement shall be considered as in
any way constituting a partnership between the City and Consultant.
E. Independent Consultant. The Consultant is, and shall be at all times during the term of this
Agreement, an independent contractor and not an employee of the City. The parties fully understand the
nature of independent contractor status and intend to create an independent contractor relationship. The
Consultant, and not the City, shall have the right to control the manner and means by which the work or
services is accomplished. The City shall retain the right, however, to ensure that the work or services is
being performed according to agreed-upon requirements. Consistent with this relationship, Consultant
shall not be covered by any City benefit programs, such as health and welfare benefit plans, social
security, workers compensation or unemployment compensation, and shall not be treated as an employee
for federal or state tax purposes or any other purpose. Consultant shall be responsible for paying all taxes
related to payments City makes to Consultant, including federal income taxes, self-employment (Social
Security and Medicaid) taxes, local and state business and occupation taxes, and the City is not
responsible for withholding for or paying any of those taxes.
F. Non-discrimination. Consultant and its employees, agents and sub-consultants, if any, shall at all
times comply with any and all federal, state or local laws, ordinances, rules or regulations with respect to
non-discrimination and equal employment opportunity, which may at any time be applicable to the City
by law, contract or otherwise, including but not limited to all such requirements which may apply in
connection with employment or the provision of services to the public.
G. Compliance with all applicable laws. Consultant shall at all times in connection with performance of
this Agreement, comply with any and all other applicable federal, state and local laws, rules, ordinances
and regulations.
H. Notices. All notices shall be delivered personally or may delivered by any of the following methods:
mailed by certified mail, return receipt requested; regular mail; courier service; facsimile or electronic
mail to the other party as their address appears of record with the City or State. In the case of notice by
mail, notice shall be deemed given on the date of postmark. In case of facsimile or electronic mail, notice
shall be deemed given when received.
I. Ownership of Documents. All work products, papers, notes, memoranda, correspondence, drawings,
specifications, reports, and other documents and records of any sort produced, received, held or
maintained in conjunction with the performance of this Agreement by the Consultant shall be and is the
exclusive property of the City, except that the Consultant may use such materials to assist other public
agencies. Upon request of the City, or upon completion of any of the services provided for in this
Agreement, or upon termination of this Agreement for any reason, the Consultant shall deliver to the City,
machine-reproducible in format acceptable to the City copies of any and all such materials. Once
accepted by the City, Consultant shall have no responsibility for subsequent use by other persons.
J. Nonwaiver. Any failure by the City to enforce strict performance of any proviso of this Agreement
will not constitute a waiver of the City’s right to subsequently enforce such provision or any other
provision of this Agreement
K. Severability. If any term or provision of this Agreement is held invalid, the remainder of such terms
or provision of this Agreement shall not be affected, if such remainder would then continue to conform to
the terms and requirements of applicable law.
L. Legal Fees. In any lawsuit between the parties with respect to matters covered by this Agreement, the
prevailing party will be entitled to receive its reasonable attorney fees and costs in the lawsuit, in addition
to any other relief that may be awarded.
M. Applicable Law; Venue. This Agreement shall be construed and interpreted in accordance with the
laws of the State of Washington. The venue of any action shall be in the Superior Court of Jefferson
County.
N. Assignment or Delegation. Consultant shall not assign any of its rights or interest in this Agreement,
nor delegate any of its duties hereunder to any other person, firm or entity without the express written
consent of the City first being obtained.
O. Modification. No modification of this Agreement shall be effective unless agreed to in writing and
signed by the Parties.
P. Complete Agreement. This Agreement together with the Attachments reflects the entire agreement of
the parties relating to the subject matter thereof, supersedes all prior or contemporaneous oral or written
agreements, or any understandings, statements, representation or promises, and is intended fully to integrate
the agreement between the parties with respect to the matters described in this Agreement.
Q. City Business License and Payment of Business and Occupation Tax Required.
Section 5.04.030C.17 requires anyone accepting or executing a contract with the City to obtain a City
business license and to pay, if applicable, business taxes to the City.
R. Other Terms. Additional Terms (if any) are set forth in an Attachment that will be numbered
Attachment 3, and initialed and dated by the parties.
IN WITNESS WHEREOF, the City of Port Townsend and Consultant have executed this Agreement.
CITY OF PORT TOWNSEND CONSULTANT
A Washington Municipal Corporation
By: ________________________________ By: ________________________________
David G. Timmons, City Manager ______________________, Title
Mailing Address
_______________________________________
_______________________________________
_______________________________________
Date: ___________________, 2016 Date: ___________________, 2016
Approved as to form:
_________________________________
Steven L. Gross, City Attorney
ATTACHMENT 1
SCOPE OF SERVICES
ATTACHMENT 2
INSURANCE REQUIREMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to
persons or damage to property which may arise from or in connection with the performance of the work hereunder
by the Consultant, its agents, representatives, or employees.
No Limitation
Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the liability of
the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy
available at law or in equity.
A. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
1. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage shall
be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent
liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage.
2. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover
liability arising from premises, operations, independent contractors and personal injury and advertising
injury. The City shall be named as an insured under the Consultant’s Commercial General Liability
insurance policy with respect to the work performed for the City.
3. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of Washington.
4. Professional Liability insurance appropriate to the Consultant’s profession.
B. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
3. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit.
C. Other Insurance Provision
The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or be
endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or
insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not
contribute with it.
D. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
E. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but
not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the
Consultant before commencement of the work.
F. Notice of Cancellation
The Consultant shall provide the City with written notice of any policy cancellation, within two business days of
their receipt of such notice.
G. Failure to Maintain Insurance
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach,
immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all
premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole
discretion of the City, offset against funds due the Consultant from the City.
ATTACHMENT B
Sample WSDOT Professional Services Agreement
You may view a sample WDOT Professional Services Agreement at
http://www.wsdot.wa.gov/LocalPrograms/LAG/CAI.htm
ATTACHMENT C
Sample City of Port Townsend Professional Services Agreement for Projects Receiving
Federal Funds
PROFESSIONAL SERVICE/CONSULTANT AGREEMENT
THIS AGREEMENT made and entered into by and between the City of Port Townsend
(hereinafter referred to as the City) and ___________
(hereinafter referred to as the Consultant)
RECITALS:
A. Pursuant to Title I of the Housing and Community Development Act of 1974, as
amended, the Washington State Department of Commerce (Commerce) is authorized by
the federal Department of Housing and Urban Development (HUD) to provide State
Community Development Block Grant Program funds (hereinafter referred to as CDBG
funds) to units of local government selected to undertake and carry out certain programs
and projects under the Washington State Community Development Block Grant Program
in compliance with all applicable local, state, and federal laws, regulations and policies.
B. The City, as part of its CDBG grant agreement with Commerce, under contract number
15‐62210‐029, has been awarded CDBG funds for the purposes set forth in this
Agreement.
C. The Scope of Work included in this contract is authorized as part of the City’s approved
CDBG project.
D. The City wishes to use the Consultant as an independent entity to accomplish the Scope
of Work as set forth in this Agreement in order to best accomplish the objectives of the
local CDBG project.
AGREEMENT:
in consideration of the mutual promises, covenants and provisions contained in this
Agreement, the parties agree as follows:
1. Services to be Provided by the Parties:
a. The Consultant shall complete in a satisfactory and proper manner as
determined by the City the work activities described in the Scope of Work
(Attachment #1 to the contract).
b. The City will provide such assistance and guidance as may be required to support
the objectives set forth in the Scope of Work and will provide compensation for
services as set forth in Section 3 below.
2. Time of Performance:
The effective date of this contract shall be the date the parties sign and complete
execution of the contract. The termination date of the contract shall be _______.
3. Consideration:
The City shall reimburse the Consultant in accordance with the Payment Schedule
described in Attachment #2 of the contract for all allowable expenses agreed upon
by the parties to complete the Scope of Work. In no event shall the total amount to
be reimbursed by the City exceed the sum of $__________. Reimbursement under
this contract shall be based on billings, supported by appropriate documentation of
costs actually incurred. It is expressly understood that claims for reimbursement
shall not be submitted in excess of actual, immediate cash requirements necessary
to carry out the purposes of the agreement.
It is understood that this contract is funded in whole or in part with CDBG funds
through the Washington State Community Development Block Grant Program as
administered by Commerce and is subject to those regulations and restrictions
normally associated with federally‐funded programs and any other requirements
that the state may prescribe.
4. Records:
The Consultant agrees to maintain such records and follow such procedures as may
be required under the state’s CDBG Program and any such procedures as the City or
Commerce may prescribe. In general, such records will include information
pertaining to the contract, obligations and unobligated balances, assets and
liabilities, outlays, equal opportunity, labor standards (as appropriate), and
performance.
All such records and all other records pertinent to this contract and work undertaken
under this contract shall be retained by the Consultant for a period of three years
after final audit of the City’s CDBG project, unless a longer period is required to
resolve audit findings or litigation. In such cases, the City shall request a longer
period of record retention.
The City, the Washington State Department of Commerce (“Commerce”), and other
authorized representatives of the state and federal government shall have access to
any books, documents, papers and records of the consultant which are directly
pertinent to the contract for the purpose of making audit, examination, excerpts,
and transcriptions.
The City, Commerce, and duly authorized officials of the state and federal government
shall have full access and the right to examine any pertinent documents, papers, records
and books of the Consultant involving transactions related to this local program and
contract.
5. Relationship:
The relationship of the Consultant to the City shall be that of an independent
Consultant rendering professional services. The Consultant shall have no authority
to execute contracts or to make commitments on behalf of the City and nothing
contained in this Agreement shall be deemed to create the relationship of employer
and employee or principal and agent between the City and the Consultant.
6. Suspension, Termination, and Close Out:
If the Consultant fails to comply with the terms and conditions of this contract, the
City may pursue such remedies as are legally available, including but not limited to,
the suspension or termination of this contract in the manner specified herein:
a. Suspension ‐ If the Consultant fails to comply with the terms and conditions of
this contract, or whenever the Consultant is unable to substantiate full
compliance with provisions of this contract, the City may suspend the contract
pending corrective actions or investigation, effective not less than seven (7)
days following written notification to the Consultant or its authorized
representative. The suspension will remain in full force and effect until the
Consultant has taken corrective action to the satisfaction of the City and is able
to substantiate its full compliance with the terms and conditions of this
contract. No obligations incurred by the Consultant or its authorized
representative during the period of suspension will be allowable under the
contract except:
(1) Reasonable, proper and otherwise allowable costs which the Consultant
could not avoid during the period of suspension;
(2) If upon investigation, the Consultant is able to substantiate complete
compliance with the terms and conditions of this contract, otherwise
allowable costs incurred during the period of suspension will be allowed;
and
(3) In the event all or any portion of the work prepared or partially prepared
by the Consultant is suspended, abandoned or otherwise terminated, the
City shall pay the Consultant for work performed to the satisfaction of the
City, in accordance with the percentage of the work completed.
b. Termination for Cause – If the Consultant fails to comply with the terms and
conditions of this contract and any of the following conditions exists:
(1) The lack of compliance with the provisions of this contract were of such
scope and nature that the City deems continuation of the contract to be
substantially detrimental to the interests of the City;
(2) The Consultant has failed to take satisfactory action as directed by the
City or its authorized representative within the time period specified by
same;
(3) The Consultant has failed within the time specified by the City or its
authorized representative to satisfactorily substantiate its compliance
with the terms and conditions of this contract; then,
The City may terminate this contract in whole or in part, and shall notify the
Consultant of termination, the reasons for termination, and the effective date;
provided such effective date shall not be prior to notification of the Consultant.
After this effective date, no charges incurred under any terminated portions of
the Scope of Work are allowable.
c. Termination for Other Grounds – This contract may also be terminated in
whole or in part:
(1) By the City, with the consent of the Consultant, or by the Consultant with
the consent of the City, in which case the two parties shall mutual
agreement on the conditions of termination, including effective date and
in case of termination in part, that portion to be terminated;
(2) If the funds allocated by the City via this contract are from anticipated
sources of revenue, and if the anticipated sources of revenue do not
become available for use in purchasing the services;
(3) In the event the City fails to pay the Consultant promptly or within sixty
(60) days after invoices are rendered, the City agrees that the Consultant
shall have the right to consider non‐payment a breach of this agreement
and the duties of the Consultant under this agreement terminated. In
such event, the City shall then promptly pay the Consultant for all
services performed and all allowable expenses incurred; and
(4) The City may terminate this contract at any time giving at least ten (10)
days notice in writing to the Consultant. If the contract is terminated for
convenience of the City as provided in this section, the Consultant will be
paid for time provided and expenses incurred up to the termination
date.
7. Changes, Amendments, Modifications:
The City may, from time to time, require changes or modifications in the Scope of
Work to be performed. Such changes, including any decrease or increase in the
amount of compensation, which are mutually agreed upon by the City and the
Consultant shall be incorporated in written amendments to this contract.
8. Personnel:
The Consultant represents that it has, or will secure at its own expense, all personnel
required in order to perform under this contract. Such personnel shall not be
employees of, or have any contractual relationship to, the City.
All services required under this Agreement will be performed by the Consultant or
under its supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized or permitted under federal, state and local law to perform
such services.
None of the work or services covered by this contract shall be subcontracted without
prior written approval of the City. Any work or services subcontracted hereunder
shall be specified in written contract or agreement and shall be subject to each
provision of this contract.
9. Assignability:
The Consultant shall not assign any interest on this contract, and shall not transfer
any interest on this contract (whether by assignment or notation), without prior
written consent of the City; provided, however, that claims for money by the
Consultant from the City under this contract may be assigned to a bank, trust
company, or other financial institution without such approval. Written notice of any
such assignment or transfer shall be furnished promptly to the City by the
Consultant.
10. Reports and Information:
The Consultant, at such times and in such forms as the City may require, shall furnish
the City such periodic reports as the City may request pertaining to the work or
services undertaken pursuant to this contract, the costs and obligations incurred or
to be incurred in connection with that work or services, and any other matters
covered by this contract.
11. Findings Confidential:
All of the reports, information, data, etc., prepared or assembled by the Consultant
under this contract are confidential and the Consultant agrees that they shall not be
made available to any individual or organization without prior written approval of
the City.
12. Copyright:
No report, maps or other documents produced in whole or in part under this
contract shall be subject of an application for copyright by or on behalf of the
Consultant.
13. Compliance with Local Laws:
The Consultant shall comply with all applicable laws, ordinances and codes of the
state and local government and the Consultant shall save the City harmless with
respect to any damages arising from any tort done in performing any of the work
embraced by this contract.
14. Title VI of the Civil Rights Act of 1964:
Under Title VI of the Civil Rights Act of 1964, no person shall, on the grounds of race,
color, creed, religion, sex or national origin, be excluded from participation in, be
denied the benefits of, or be subjected to discrimination under any program or
activity receiving federal financial assistance.
15. Section 109 of the Housing and Community Development Act of 1974:
No person in the United States shall on the grounds of race, color, creed, religion,
sex or national origin be excluded from participation in, be denied benefits of, or be
subjected to discrimination under any program or activity funded in whole or in part
with funds made available under this title.
16. Age Discrimination Act of 1975, as Amended
No person shall be excluded from participation, denied program benefits, or
subjected to discrimination on the basis of age under any program or activity
receiving federal funding assistance. (42 U.S.C. 610 et. seq.)
17. Section 504 of the Rehabilitation Act of 1973, as Amended
No otherwise qualified individual shall, solely by reason or his or her disability, be
excluded from participation (including employment), denied program benefits, or
subjected to discrimination under any program or activity receiving Federal funds.
(29 U.S.C. 794)
18. Public Law 101‐336, Americans with Disabilities Act of 1990
Subject to the provisions of this title, no qualified individual with a disability shall, by
reason of such disability, be excluded from participation in or be denied the benefits
of the services, programs, or activities of a public entity, or be subjected to
discrimination by any such entity.
19. Section 3 of the Housing and Community Development Act of 1968 Compliance in
the Provision of Training, Employment, and Business Opportunities:
a. The work to be performed under this contract is on a project assisted under a
program providing direct federal financial assistance from HUD and is subject
to the requirements of Section 3 of the Housing and Urban Development Act of
1968, as amended, 12 U.S.C. 1701u. Section 3 requires that to the greatest
extent feasible opportunities for training and employment be given lower‐
income residents of the project area; and contracts for work in connection with
the project be awarded to business concerns which are located in, or owned in
substantial part, by persons residing in the area of the project.
b. The parties to this contract will comply with the provisions of said Section 3
and the regulations issued pursuant thereto by the Secretary of HUD set forth
in 24 CFR 135, and all applicable rules and orders of HUD and Commerce issued
prior to the execution of this contract. The parties to this contract certify and
agree that they are under no contractual or other disability that would prevent
them from complying with these provisions.
c. The Consultant will send to each labor organization or representative of
workers with which he has a collective bargaining agreement or other contract
or understanding, if any, a notice advising the labor organization or workers’
representative of his commitments under this Section 3 clause and shall post
copies of the notice in conspicuous places available to employees and
applicants for employment or training.
d. The Consultant will include this Section 3 clause in every subcontract for work
in connection with the project and will, at the direction of the applicant, or
recipient of federal financial assistance, take appropriate action pursuant to
the subcontract upon a finding that the subcontractor is in violation of
regulations issued by the Secretary of HUD, 24 CFR Part 135. The Consultant
will not subcontract with any subcontractor where it has notice or knowledge
that the latter has been found in violation of regulations under 24 CFR Part 135
and will not let any subcontract, unless the subcontractor has first provided it
with a preliminary statement of ability to comply with the requirements of
these regulations.
e. Compliance with the provisions of Section 3, the regulations set forth in 24 CFR
Part 135, and all applicable rules and orders of HUD and Commerce issued
hereunder prior to the execution of the contract, shall be a condition of the
federal financial assistance provided to the project, binding upon the applicant
or recipient for such assistance, its successors, and assigns. Failure to fulfill
these requirements shall subject the applicant, or recipient, its consultants and
subcontractors, its successors and assigned to those sanctions specified by the
grant or loan agreement or contract through which federal assistance is
provided, and to such sanctions as are specified by 24 CFR Part 135.
20. Interest of Members of a City:
No member of the governing body of the City and no other officer, employee, or
agent of the City who exercises any functions or responsibilities in connection with
the planning or carrying out of the project, shall have any personal financial interest,
direct, or indirect, in this contract; and the Consultant shall also take appropriate
steps to assure compliance.
21. Interest of Other Public Officials:
No member of the governing body of the locality and no other public official of such
locality, who exercises any functions or responsibilities in connection with the
planning or carrying out of the project, shall have any personal financial interest,
direct or indirect, in this contract; and the Consultant shall take appropriate steps to
assure compliance.
22. Conflict of Interest Provision:
The Consultant covenants that it presently has no interest and shall not acquire any
interest, direct or indirect, that would conflict in any manner or degree with the
performance of its services under this Agreement. The Consultant further agrees
that in the performance of this contract, no person having such interest shall be
employed.
23. Audits and Inspections:
The City, Commerce, the State Auditor, and HUD or their delegates shall have the
right to review and monitor the financial and other components of the work and
services provided and undertaken as part of the CDBG project and this contract, by
whatever legal and reasonable means are deemed expedient by the City, Commerce,
the State Auditor and HUD.
24. Hold Harmless:
The Consultant agrees to indemnify and hold harmless the City, its appointed and
elective officers and employees, from and against all loss and expense, including
attorney’s fees and costs by reason of any and all claims and demands upon the City,
its elected and appointed officers and employees from damages sustained by any
person or persons, arising out of or in consequence of the Consultant’s and its
agents’ negligent performance of work associated with this agreement. The
Consultant shall not be liable for property and bodily injury that may result from the
negligence of any construction contractor or construction subcontractor.
25. Insurance Requirements. Consultant shall take out and maintain insurance as set forth
in Attachment 3.
26. City Business License and Payment of Business and Occupation Tax Required.
Section 5.04.030C.17 requires anyone accepting or executing a contract with the City to
obtain a City business license and to pay, if applicable, business taxes to the City.
This agreement contains all terms and conditions agreed to by the City/Town/County and
the Consultant. The attachments to this agreement are identified as follows:
Attachment #1, Scope of Work, consisting of ___ pages.
Attachment #2, Payment Schedule, consisting of ___ pages.
Attachment #3 Insurance Requirements
IN WITNESS WHEREOF, the City and the Consultant have executed this contract
agreement as of the date and year last written below.
CITY OF PORT TOWNSEND CONSULTANT
A Washington Municipal Corporation
By: ________________________________ By:
________________________________
David G. Timmons, City Manager ______________________, Title
Mailing Address
_______________________________________
_______________________________________
_______________________________________
Date: ___________________, 2016 Date: ___________________, 2016
Approved as to form:
_________________________________
Steven L. Gross, City Attorney
Attachment #1 – SCOPE OF WORK
Both parties hereto agree that the following constitute project goals, objectives,
parameters, and constraints or limitations and establish hereby periodic review procedure
by which the parties can mutually evaluate progress and compliance in meeting these
criteria:
Goals: (These are general statements of services to be provided by the
Consultant and the City/Town/County.)
Objectives: (These are methods of accomplishing stated goals which are
specific, measurable, and linked to an estimated time of
completion.)
Review and Evaluation: (This is a schedule for evaluation meetings and performance
reviews to assess the progress of the Consultant.)
Attachment #2 – PAYMENT SCHEDULE
For the services performed, the Consultant will be paid monthly as charges accrue on a
cost plus fixed fee basis. Costs will include direct labor costs, overhead costs, and direct
(expense) costs. Charges will include costs incurred during the billing period plus a portion
of the fixed fee based on the Consultant’s estimate of the percentage of work completed.
The cost ceiling (which does not include a fixed fee), which the Consultant will not exceed
without this agreement being formally amended in writing, and the fixed fee, which will
not be increased except for a written amendment to this agreement increasing the Scope
of Work, are listed below for each element of the Scope of Work.
ATTACHMENT 3
INSURANCE REQUIREMENTS
Insurance
The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for
injuries to persons or damage to property which may arise from or in connection with the performance of the
work hereunder by the Consultant, its agents, representatives, or employees.
No Limitation
Consultant’s maintenance of insurance as required by the agreement shall not be construed to limit the
liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City’s recourse
to any remedy available at law or in equity.
H. Minimum Scope of Insurance
Consultant shall obtain insurance of the types described below:
5. Automobile Liability insurance covering all owned, non-owned, hired and leased vehicles. Coverage
shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing
equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual
liability coverage.
6. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, independent contractors and personal injury and
advertising injury. The City shall be named as an insured under the Consultant’s Commercial
General Liability insurance policy with respect to the work performed for the City.
7. Workers’ Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
8. Professional Liability insurance appropriate to the Consultant’s profession.
I. Minimum Amounts of Insurance
Consultant shall maintain the following insurance limits:
4. Automobile Liability insurance with a minimum combined single limit for bodily injury and property
damage of $1,000,000 per accident.
5. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each
occurrence, $2,000,000 general aggregate.
6. Professional Liability insurance shall be written with limits no less than $1,000,000 per claim and
$1,000,000 policy aggregate limit.
J. Other Insurance Provision
The Consultant’s Automobile Liability and Commercial General Liability insurance policies are to contain, or
be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance,
or insurance pool coverage maintained by the City shall be excess of the Contractor’s insurance and shall not
contribute with it.
K. Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII.
L. Verification of Coverage
Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements,
including but not necessarily limited to the additional insured endorsement, evidencing the insurance
requirements of the Consultant before commencement of the work.
M. Notice of Cancellation
The Consultant shall provide the City with written notice of any policy cancellation, within two business days
of their receipt of such notice.
N. Failure to Maintain Insurance
Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of
contract, upon which the City may, after giving five business days notice to the Consultant to correct the
breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any
and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or
at the sole discretion of the City, offset against funds due the Consultant from the City.
ATTACHMENT D
APPRAISAL SCOPE OF WORK
PERSONAL SERVICES CONTRACT FOR APPRAISAL SERVICES
Dated __________________________20______
AGENCY: [Enter Agency Name]
CONSULTANT : [Enter CONSULTANT Name]
1. The CONSULTANT shall provide a fully documented Project Funding Estimate (PFE)
including data package, self‐contained appraisal reports, strip appraisals and
Administrative Offer Summaries (AOS) as mutually agreed for the following Agency parcels
numbers: [List parcel numbers and owner names].
2. The Direct Sales Comparison Approach is required with Cost and Income Approaches as
appropriate and needed for credible results.
3. The CONSULTANT is to utilize the approved WSDOT forms as indicated by the WSDOT
Right of Way Manual Appendix 4‐1 including;
a. ‐Owner Contact (RES 204)
b. ‐Certificate (RES 205)
c. ‐Subject Sketch (RES 207)
d. ‐Narrative Form (RES 208) format to provide Before and After, self‐contained
appraisal
e. ‐Market Data (RES 210)
f. ‐Sales Sketch (RES 210B)
g. ‐Appraisal Assumptions and Limiting Conditions (RES 211)
h. ‐Salient Information (RES 212)
i. ‐Parcel Worksheet (RES 215)
j. ‐Administrative Offer Summary (RES 216)
k. ‐Realty Personality Report (RES 217/RES 218)
4. Deliverables are to begin with the PFE with the remaining reports delivered at regular
intervals with the final report delivered not later than [insert date].
5. One unsigned draft copy of the deliverables is to be delivered for review. The draft copy
can be delivered by mail or other carrier or an electronic copy can be sent to: [enter email
of Agency staff]. Upon issuance of a Review Appraiser’s Certificate by the review
appraiser, the CONSULTANT will provide one (1) signed electronic original and five (5)
final signed originals; only one of which (the reviewer’s) requires the inclusion of the title
report and copy of this contract.
6. The Agency will provide Right of Way maps for the acquisition; a title report for each
parcel and any required specialists reports.
7. Per the executed contract, a late penalty may be applied for any contract that is not
fulfilled after ten (10) calendar days from the due date. “Liquidated Damages: If the
CONSULTANT delivers any appraisal to the Agency later than the Appraisal Due Date
specified in the Personal Services Contract or delivers any revisions to any Appraisal later
than ten (10) calendar days after the revisions have been required by the Agency, the
Agency may impose liquidated damages by reducing the amount to be paid to the
CONSULTANT by one (1) percent of the Maximum Task Order Amount for each calendar
day that any Appraisal or revisions are late.”
8. Liquidated damages shall not be assessed for any days for which an extension of time has
been granted in writing by the Agency. No deduction for liquidated damages shall release
the CONSULTANT from obligation to complete the work specified in the Contract. Delays
due to action or inaction by the Agency shall not be subject to liquidated damages.
9. Waiver for Late Delivery: delay in submitting an Appraisal or revisions that are outside of
the CONSULTANT s reasonable control may be excused at the sole discretion of the
Agency.
10. The not‐to‐exceed cost for the above listed appraisal assignment is $[000.00].
CONSULTANT shall bill in accordance with the Contract terms.
Agency Initials CONSULTANT
Initials