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Acquisition Consultants ~ CIP99-07 City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 Fax: 503-684-7297 Amendment No. 2 to Engineering Services Contract Contract Title: Personal Services Contract CIP99-07—Appraisal and Acquisition Services Consultant: Kathy Knowlton, Acquisition Consultants Date original contract signed- December 22, 1998 1. The above Personal Services Contract shall be amended as per the attached memorandum from Acquisition Consultants, dated June 8, 1999, for appraisal service for the Roth property. The scope of services and tasks to be performed shall be as outlined in the memorandum. 2. In performing the above, it is understood and agreed that all other terms and conditions of the original contract are still in effect. 3. It is further agreed that the billing for this amendment will be segregated from the billing for the original contract. 4. Compensation for this amendment will be an amount not to exceed $ 1,875.00. Any additional amount over and above the $1,875.00 will require written authorization by the City Engineer. Original Contract Amount $ 9,525.00 Amendment# 1 $ 4,200.00 Amendment# 2 $ 1,875.00 ;i otul Cont:act Amount S- 15,600.00 City of Tigard Q 7 9 Agu t' P. Duenas,P.E. Date Accepted by: Kat owlton, Acquisition Consultants Date iAeng\99cip\69th\amend 2 psc acquisition consult.doc Jun-08-99 01 :22P (503)2386432 P. 01 Y ACQUISITION CONSULTANTS K.A.KNOWLTON Renal Estate Broker 6550 S.E.Morrison St, Portland,OR. 97215 — -" - 432 Liolson-Acquisition-Relocation telephone and Fax(503)238-6 June 8, 1999 To: Vannie Nguyen, P.E. _ City of Tigard r From: Kathy Knowlton Subject: Roth acquisition By FAX number: 624-0752 Number of pages including this one: --I You requested an estimate of the cost to acquire the needed land from the Roth property. We propose to bill for actual time based on our agent/clerical fee schedule in the existing contract. The total fee would not exceed $1,875. If this is acceptable, I assume you will handle it as an amendment to our existing contract. We can begin the acquisition process as soon as we,receive your approval. Please call if you have any questions. City of Tigard 13125 SW Hall Blvd. Tigard, OR 97223 Phone: 503-639-4171 Fax: 503-684-7297 Amendment No. 1 to Engineering Services Contract Contract Title: Personal Services Contract CIP99-07—Appraisal and Acquisition Services Consultant: Kathy Knowlton, Acquisition Consultants Date original contract signed: December 22, 1998 1. The above Personal Services Contract shall be amended as per the attached memorandum from J.F. Young & Associates, dated April 23, 1999, for appraisal service for the Pierce and Roth properties. The scope of services and tasks to be performed shall be as outlined in the memorandum. 2. In performing the above, it is understood and agreed that all other terms and conditions of the original contract are still in effect. 3. It is further agreed that the billing for this amendment will be segregated from the billing for the original contract. 4. Compensation for this amendment will be an amount not to exceed$ 4,200.00. Any additional amount over and above the $4,200.00 will require written authorization by the City Engineer. Original Contract Amount $ 9,525.00 Amendment# 1 $ 4,200.00 Total Contract Amount $ 13,725.00 City of Tigard Agus i P. Duenas, P.E. Date Accepted by: Kath Knowlton,Acquisition Consultants Date i1eng\99dp\691h\amend 1 eng con dehaas.doc J.F. YOUNG & , ,SSOCIATES Janice F Young, RM, MAI Real Estate Appraisal 503-297-2575 Mailing: 4805 S.W. Oleson Road Post Office Box 588 Portland, Oregon 97225 Beaverton,Oregon 97075 E 00 R April 21999 D APR 2 6 1999 CITY OF TIGARD Ms. Vannie Nguyen, P.E. Project Engineer City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Dear Vannie, In reference to our meeting this morning I am proceeding with the appraisal of the Pierce property remnant and will send out the Roth 15 day letter early next week. I understand that time is of the essence, particularly for the Pierce piece, and I will complete the process as quickly as possible. I will forward two copies of the appraisal to you and two to the Knowltons. Please note that I am a Member of the Appraisal Institute and Certified through the State of Oregon Appraiser Certification and Licensure Board and that I have certain obligations to these organizations which include professional and ethical behavior, appraisal reporting requirements, and conveying this information and responsibility to a client. These are not unusual obligations but are worth repeating so there is no misunderstanding relative to the assignment. The Appraisal Institute has Bylaws and Regulations requiring that any appraisal work be controlled by the appraiser and be available for review by duly authorized representatives of the Institute. The work submitted to you will be developed and the report prepared in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. I estimate that I can complete the Pierce assignment for no more than $1,800 and the Roth appraisal. for a fee which will not exceed 2,400. This would include the four appraisal copies as we discussed. If you have any questions or need additional clarification,please let me know. Sincerely, ice F. Young, A, MAVI ' cc: Acquisition Consultants CITY OF TIGARD, OREGON PERSONAL SERVICES CONTRACT THIS AGREEMENT made and entered into this 25th day of January, 1999, by and between the CITY OF TIGARD, a municipal corporation of the State of Oregon, hereinafter called CITY, and Acquisition Consultants, hereinafter called CONTRACTOR. WITNESSETH WHEREAS, CITY has need for the services of a company with a particular training, ability, knowledge, and experience possessed by CONTRACTOR, and WHEREAS, City has determined that Acquisition Consultants is qualified and capable of performing the professional services as CITY does hereinafter require, under those terms and conditions set forth: NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. SERVICES TO BE PROVIDED: CONTRACTOR shall initiate services immediately upon receipt of CITY'S notice to proceed, together with an executed copy of this Agreement. CONTRACTOR agrees to complete work which is detailed in Exhibit "A" and by this reference made a part hereof. 2. EFFECTIVE DATE AND DURATION: This Agreement shall become effective upon the date of execution, and shall expire, unless otherwise terminated or extended, on June 30, 1999, whichever comes first. All work under this Agreement shall be completed prior to the expiration of this Agreement. 3. COMPENSATION: CITY agrees to pay CONTRACTOR not to exceed $9,525.00 for performance of those services described herein, which payment shall be based upon the following applicable terms: a. Payment by CITY to CONTRACTOR for performance of services under this Agreement includes all expenses incurred by CONTRACTOR, with the exception of expenses, if any, identified in this Agreement as separately reimbursable. Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 1 b. Payment will be made in installments based on CONTRACTOR'S invoice, subject to the approval of the City Manager, and not more frequently than monthly. Payment shall be made only for work actually completed as of the date of invoice. C. Payment by CITY shall release CITY from any further obligation for payment to CONTRACTOR, for services performed or expenses incurred as of the date of the invoice. Payment shall not be considered acceptance or approval of any work or waiver of any defects therein. d. CONTRACTOR shall make payments promptly, as due, to all persons supplying labor or materials for the prosecution of this work. e. CONTRACTOR shall not permit any lien or claim to be filed or prosecuted against the CITY on any account of any labor or material furnished. f. CONTRACTOR shall pay to the Department of Revenue all sums withheld from employees pursuant to ORS 316.167. g. If CONTRACTOR fails, neglects or refuses to make prompt payment of any claim for labor or services furnished to CONTRACTOR or a subcontractor by any person as such claim becomes due, CITY'S Finance Director may pay such claim and charge the amount of the payment against funds due or to become due the CONTRACTOR. The payment of the claim in this manner shall not relieve CONTRACTOR or their surety from obligation with respect to any unpaid claims. h. CONTRACTOR shall pay employees at least time and a half pay for all overtime worked in excess of 40 hours in any one week except for individuals under the contract who are excluded under ORS 653.010 to 653.261 or under 29 USC sections 201 to 209 from receiving overtime. i. CONTRACTOR shall promptly, as due, make payment to any person, co- partnership, association or corporation, furnishing medical, surgical and hospital care or other needed care and attention incident to sickness or injury to the employees of CONTRACTOR or all sums which CONTRACTOR agrees to pay for such services and all moneys and sums which CONTRACTOR collected or deducted from the wages of employees pursuant to any law, contract or agreement for the purpose of providing or paying for such service. j. The CITY certifies that sufficient funds are available and authorized for expenditure to finance costs of this contract. 4. OWNERSHIP OF WORK PRODUCT: CITY shall be the owner of and shall be entitled to possession of any and all work products of CONTRACTOR which result from this Agreement, including any Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 2 computations, plans, correspondence or pertinent data and information gathered by or computed by CONTRACTOR prior to termination of this Agreement by CONTRACTOR or upon completion of the work pursuant to this Agreement. 5. ASSIGNMENT/DELEGATION: Neither party shall assign, sublet or transfer any interest in or duty under this Agreement without the written consent of the other and no assignment shall be of any force or effect whatsoever unless and until the other party has so consented. If CITY agrees to assignment of tasks to a subcontract, CONTRACTOR shall be fully responsible for the acts or omissions of any subcontractors and of all persons employed by them, and neither the approval by CITY of any subcontractor nor anything contained herein shall be deemed to create any contractual relation between the subcontractor and CITY. 6. STATUS OF CONTRACTOR AS INDEPENDENT CONTRACTOR: CONTRACTOR certifies that: a. CONTRACTOR acknowledges that for all purposes related to this Agreement, CONTRACTOR is and shall be deemed to be an independent contractor as defined by ORS 670.700 and not an employee of CITY, shall not be entitled to benefits of any kind to which an employee of CITY is entitled and shall be solely responsible for all payments and taxes required by law. Furthermore, in the event that CONTRACTOR is found by a court of law or any administrative agency to be an employee of CITY for any purpose, CITY shall be entitled to offset compensation due, or to demand repayment of any amounts paid to CONTRACTOR under the terms of this Agreement, to the full extent of any benefits or other remuneration CONTRACTOR receives (from CITY or third party) as a result of said fording and to the full extent of any payments that City is required to make (to CONTRACTOR or to a third party) as a result of said finding. b. The undersigned CONTRACTOR hereby represents that no employee of the CITY, or any partnership or corporation in which a CITY employee has an interest, has or will receive any remuneration of any description from CONTRACTOR, either directly or indirectly, in connection with the letting or performance of this Agreement, except as specifically declared in writing. If this payment is to be charged against Federal funds, CONTRACTOR certifies that he or she is not currently employed by the Federal Government and the amount charged does not exceed his or her normal charge for the type of service provided. CONTRACTOR and its employees, if any, are not active members of the Oregon Public Employees Retirement System and are not employed for a total of 600 Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 3 hours or more in the calendar year by any public employer participating in the Retirement System. C. CONTRACTOR certifies that it currently has a CITY business license or will obtain one prior to delivering services under this Agreement. d. CONTRACTOR is not an officer, employee, or agent of the CITY as those terms are used in ORS 30.265. 7. INDEMNIFICATION: CITY has relied upon the professional ability and training of CONTRACTOR as a material inducement to enter into this Agreement. CONTRACTOR warrants that all its work will be performed in accordance with generally accepted professional practices and standards as well as the requirements of applicable federal, state and local laws, it being understood that acceptance of a contractor's work by CITY shall not operate as a waiver or release. CONTRACTOR agrees to indemnify and defend the CITY, its officers, agents and employees and hold them harmless from any and all liability, causes of action, claims, losses, damages, judgments or other costs or expenses including attorney's fees and witness costs and (at both trial and appeal level, whether or not a trial or appeal ever takes place) that may be asserted by any person or entity which in any way arise from, during or in connection with the performance of the work described in this contract, except liability arising out of the sole negligence of the CITY and its employees. Such indemnification shall also cover claims brought against the CITY under state or federal worker's compensation laws. If any aspect of this indemnity shall be found to be illegal or _ invalid for any reason whatsoever, such illegality or invalidity shall not affect the validity of the remainder of this indemnification. 8. INSURANCE: CONTRACTOR and its subcontractors shall maintain insurance acceptable to CITY in full force and effect throughout the term of this contract. Such insurance shall cover all risks arising directly or indirectly out of CONTRACTOR'S activities or work hereunder, including the operations of its subcontractors of any tier. Such insurance shall include provisions that such insurance is primary insurance with respect to the interests of CITY and that any other insurance maintained by CITY is excess and not contributory insurance with the insurance required hereunder. The policy or policies of insurance maintained by the CONTRACTOR and its subcontractor shall provide at least the following limits and coverages: Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 4 a. Commercial General Liability Insurance CONTRACTOR shall obtain, at contractor's expense, and keep in effect during the term of this contract, Comprehensive General Liability Insurance covering Bodily Injury and Property Damage on an "occurrence" form (1986 ISO or equivalent). This coverage shall include Contractual Liability insurance for the indemnity provided under this contract. The following insurance will be carried: Coverage Limit General Aggregate Q 1AqQ QQiq I oQO,o©© Products-Completed Operations Aggregate 1,000,000 Personal & Advertising Injury 1,000,000 Each Occurrence 1,000,000 Fire Damage (Any one fire) 50,000 Medical Expense (Any one person) 5,000 b. e-sviffgef eial. Automobile Insurance 4-4�CONTRACTOR shall also obtain, at contractor's expense and keep in effect during the term of the contract, 1 omobile Liability, coverage including coverage for all owned, hired, and non-owned vehicles. The Combined Single Limit per occurrence shall not be less than $1,000,000. c. Workers' Compensation Insurance The CONTRACTOR, its subcontractors, if any, and all employers providing work, labor or materials under this Contract are subject employers under the Oregon Workers' Compensation Law and shall comply with ORS 656.0179 which requires them to provide workers' compensation coverage that satisfies Oregon law for all their subject workers. Out-of-state employers must provide Oregon workers' compensation coverage for their workers who work at a single location within Oregon for more than 30 days in a calendar year. Contractors who perform work without the assistance or labor of any employee need not to obtain such coverage." This shall include Employer's Liability Insurance with coverage limits of not less than $100,000 each accident. d. Additional Insured Provision The City of Tigard, Oregon, its officers, directors, and employees shall be added as additional insureds with respect to this contract. All Liability Insurance policies will be endorsed to show this additional coverage. Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 5 e. Notice of Cancellation There shall be no cancellation, material change, exhaustion of aggregate limits or intent not to renew insurance coverage without 30 days written notice to the CITY. Any failure to comply with this provision will not affect the insurance coverage provided to the City. The 30 days notice of cancellation provision shall be physically endorsed on to the policy. f. Insurance Carrier Rating Coverage's provided by the CONTRACTOR must be underwritten by an insurance company deemed acceptable by the CITY. The CITY reserves the right to reject all or any insurance carrier(s) with an unacceptable financial rating. g. Certificates of Insurance As evidence of the insurance coverage required by the contract, the contractor shall furnish a Certificate of Insurance to the CITY. No contract shall be effected until the required certificates have been received and approved by the CITY. The certificate will specify and document all provisions within this contract. A renewal certificate will be sent to the above address 10 days prior to coverage expiration. h. Independent Contractor Status The service or services to be rendered under this contract are those of an independent contractor. CONTRACTOR is not an officer, employee or agent of the CITY as those terms are used in ORS 30.265. L Primary Coverage Clarification All parties to this contract hereby agree that the CONTRACTOR'S coverage will be primary in the event of a loss. j. Cross-Liability Clause A cross-liability clause or separation of insureds clause will be included in all general liability, professional liability, pollution and errors and omissions policies required by this contract. CONTRACTOR'S insurance policy shall contain provisions that such policies shall not be canceled or their limits of liability reduced without thirty (30) days prior notice to CITY. A copy of each insurance policy, certified as a true copy by an authorized representative of the issuing insurance company, or at the discretion of CITY, in lieu thereof, a Personal Services Contract—File No. 313 (Appraisal and Acquisition Services) Page 6 certificate in form satisfactory to CITY certifying to the issuance of such insurance shall be forwarded to: Vannie T. Nguyen, P.E. City of Tigard 13125 SW Hall Blvd. Tigard, Oregon 97223 Such policies or certificates must be delivered prior to commencement of the work. Ten days cancellation notice shall be provided CITY by certified mail to the name at the address listed above in event of cancellation or non-renewal of the insurance. The procuring of such required insurance shall not be construed to limit contractor's liability hereunder. Notwithstanding said insurance, CONTRACTOR shall be obligated for the total amount of any damage, injury, or loss caused by negligence or neglect connected with this contract. 9. METHOD AND PLACE OF GIVING NOTICE, SUBMITTING BILLS AND MAKING PAYMENTS. All notices, bills and payments shall be made in writing and may be given by personal delivery or by mail. Notices, bills and payments sent by mail should be addressed as follows: CITY OF TIGARD Vannie T. Nguyen, P.E. 13125 SW Hall Blvd. Tigard, Oregon 97223 CONTRACTOR Acquisition Consultants Kathy A. Knowlton 6550 SE Morrison St. Portland, OR 97215 and when so addressed, shall be deemed given upon deposit in the United States mail, postage prepaid. In all other instances, notices, bills and payments shall be deemed given at the time of actual delivery. Changes may be made in the names and addresses of the person to whom notices, bills and payments are to be given by giving written notice pursuant to this paragraph. 10. MERGER: This writing is intended both as a final expression of the Agreement between the parties with respect to the included terms and as a complete and exclusive statement of the terms Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 7 of the Agreement. No modification of this Agreement shall be effective unless and until it is made in writing and signed by both parties. 11. PROFESSIONAL SERVICES: The CITY requires that services provided pursuant to this agreement shall be provided to the CITY by a CONTRACTOR which does not represent clients on matters contrary to CITY interests. Further, CONTRACTOR shall not engage services of an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests. Should the CONTRACTOR represent clients on matters contrary to CITY interests or engage the services on an attorney and/or other professional who individually, or through members of his/her same firm, represents clients on matters contrary to CITY interests, CONTRACTOR shall consult with the appropriate CITY representative regarding the conflict. After such consultation, the CONTRACTOR shall have ten days to eliminate the conflict to the satisfaction of the CITY. If such conflict is not eliminated within the specified time period, the agreement may be terminated pursuant to Section 13 (b - iii) of this agreement. 12. TERMINATION WITHOUT CAUSE: At any time and without cause, CITY shall have the right in its sole discretion, to terminate this Agreement by giving notice to CONTRACTOR. If CITY terminates the contract pursuant to this paragraph, it shall pay CONTRACTOR for services rendered to the date of termination. 13. TERMINATION WITH CAUSE: - - a. CITY may terminate this Agreement effective upon delivery of written notice to CONTRACTOR, or at such later date as may be established by CITY, under any of the following conditions: i. If CITY funding from federal, state, local, or other sources is not obtained and continued at levels sufficient to allow for the purchase of the indicated quantity of services. This Agreement may be modified to accommodate a reduction in funds ii. If federal or state regulations or guidelines are modified, changed, or interpreted in such a way that the services are no longer allowable or appropriate for purchase under this Agreement. iii. If any license or certificate required by law or regulation to be held by CONTRACTOR, its subcontractors, agents, and employees to provide the Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 8 1 1 services required by this Agreement is for any reason denied, revoked, or not renewed. iv. If CONTRACTOR becomes insolvent, if voluntary or involuntary petition in bankruptcy is filed by or against CONTRACTOR, if a receiver or trustee is appointed for CONTRACTOR, or if there is an assignment for the benefit of creditors of CONTRACTOR. Any such termination of this agreement under paragraph (a) shall be without prejudice to any obligations or liabilities of either party already accrued prior to such termination. b. CITY, by written notice of default (including breach of contract) to CONTRACTOR, may terminate the whole or any part of this Agreement: i. If CONTRACTOR fails to provide services called for by this agreement within the time specified herein or any extension thereof, or ii. If CONTRACTOR fails to perform any of the other provisions of this Agreement, or so fails to pursue the work as to endanger performance of this agreement in accordance with its terms, and after receipt of written notice from CITY, fails to correct such failures within ten (10) days or such other period as CITY may authorize. iii. If CONTRACTOR fails to eliminate a conflict as described in Section 11 of this agreement. The rights and remedies of CITY provided in the above clause related to defaults (including breach of contract) by CONTRACTOR shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. If CITY terminates this Agreement under paragraph (b), CONTRACTOR shall be entitled to receive as full payment for all services satisfactorily rendered and expenses incurred, an amount which bears the same ratio to the total fees specified in this Agreement as the services satisfactorily rendered by CONTRACTOR bear to the total services otherwise required to be performed for such total fee; provided, that there shall be deducted from such amount the amount of damages, if any, sustained by CITY due to breach of contract by CONTRACTOR. Damages for breach of contract shall be those allowed by Oregon law, reasonable and necessary attorney fees, and other costs of litigation at trial and upon appeal. 14. ACCESS TO RECORDS: CITY shall have access to such books, documents, papers and records of CONTRACTOR as are directly pertinent to this Agreement for the purpose of making audit, examination, excerpts and transcripts. Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 9 15. FORCE MAJEURE: Neither CITY nor CONTRACTOR shall be considered in default because of any delays in completion and responsibilities hereunder due to causes beyond the control and without fault or negligence on the part of the parties so disenabled, including but not restricted to, an act of God or of a public enemy, civil unrest, volcano, earthquake, fire, flood, epidemic, quarantine restriction, area-wide strike, freight embargo, unusually severe weather or delay of subcontractor or supplies due to such cause; provided that the parties so disenabled shall within ten (10) days from the beginning of such delay, notify the other party in writing of the cause of delay and its probable extent. Such notification shall not be the basis for a claim for additional compensation. Each party shall, however, make all reasonable efforts to remove or eliminate such a cause of delay or default and shall, upon cessation of the cause, diligently pursue performance of its obligation under the Agreement. 16. NON-WAIVER: The failure of CITY to insist upon or enforce strict performance by CONTRACTOR of any of the terms of this Agreement or to exercise any rights hereunder, should not be construed as a waiver or relinquishment to any extent of its rights to assert or rely upon such terms or rights on any future occasion. 17. NON-DISCRIMINATION: CONTRACTOR agrees to comply with all applicable requirements of federal and state civil rights and rehabilitation statues, rules, and regulations. CONTRACTOR also shall comply with the Americans with Disabilities Act of 1990, ORS 659.425, and all regulations and administrative rules established pursuant to those laws. 18. ERRORS: CONTRACTOR shall perform such additional work as may be necessary to correct errors in the work required under this Agreement without undue delays and without additional cost. 19. EXTRA (CHANGES) WORK: Only the City Engineer or Engineering Manager may authorize extra (and/or changes) work. Failure of CONTRACTOR to secure authorization for extra work shall constitute a waiver of all right to adjustment in the contract price or contract time due to such unauthorized extra work and CONTRACTOR thereafter shall be entitled to no compensation whatsoever for the performance of such work. Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 10 20. WARRANTIES: All work shall be guaranteed by CONTRACTOR for a period of one year after the date of final acceptance of the work by the owner. CONTRACTOR warrants that all practices and procedures, workmanship and materials shall be the best available unless otherwise specified in the profession. Neither acceptance of the work nor payment therefore shall relieve CONTRACTOR from liability under warranties contained in or implied by this Agreement. 21. ATTORNEY'S FEES: In case suit or action is instituted to enforce the provisions of this contract, the parties agree that the losing party shall pay such sum as the court may adjudge reasonable attorney fees and court costs, including attorney's fees and court costs on appeal. 22. GOVERNING LAW: The provisions of this Agreement shall be construed in accordance with the provisions of the laws of the State of Oregon. Any action or suits involving any question arising under this Agreement must be brought in the appropriate court of the State of Oregon. 23. COMPLIANCE WITH APPLICABLE LAW: CONTRACTOR shall comply with all federal, state, and local laws and ordinances applicable to the work under this Agreement, including those set forth in ORS 279.310 to 279.320. 24. CONFLICT BETWEEN TERMS: It is further expressly agreed by and between the parties hereto that should there be any conflict between the terms of this instrument in the proposal of the contract, this instrument shall control and nothing herein shall be considered as an acceptance of the said terms of said proposal conflicting herewith. 25. AUDIT: CONTRACTOR shall maintain records to assure conformance with the terms and conditions of this Agreement, and to assure adequate performance and accurate expenditures within the contract period. CONTRACTOR agrees to permit CITY, the State of Oregon, the federal government, or their duly authorized representatives to audit all records pertaining to this Agreement to assure the accurate expenditure of funds. Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 11 26. SEVERABILITY: In the event any provision or portion of this Agreement is held to be unenforceable or invalid by any court of competent jurisdiction, the remainder of this Agreement shall remain in full force and effect and shall in no way be affected or invalidated thereby. 27. COMPLETE AGREEMENT: This Agreement and attached exhibits constitutes the entire Agreement between the parties. No waiver, consent, modification, or change of terms of this Agreement shall bind either party unless in writing and signed by both parties. Such waiver, consent, modification, or change if made, shall be effective only in specific instances and for the specific purpose given. There are no understandings, agreements, or representations, oral or written, not specified herein regarding this Agreement. CONTRACTOR, by the signature of its authorized representative, hereby acknowledges that he has read this - Agreement, understands it and agrees to be bound by its terms and conditions. IN WITNESS WHEREOF, CITY has caused this Agreement to be executed by its duly authorized undersigned officer and CONTRACTOR has executed this Agreement on the date hereinabove first written. CITY OF TIGARD By: Willam A. Monahan, City Manager CONTRACTOR By: katILVkh6dton, Acquisition Consultants Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 12 EXHIBIT `A' SERVICES TO BE PROVIDED for File No. 313 Account # 32-5200-753.320 Per Attached Proposal for Professional Services right-of-way Appraisal and Acquisition Services Dated January 21, 1999 Personal Services Contract-File No. 313 (Appraisal and Acquisition Services) Page 13 Jan-21 -99 08:08P ACQUISITION CONSULTANTS 503 238-6432 P.02 PROPOSAL FOR PROFESSIONAL. SERVICES RIGHT OF WAY APPRAISAL and ACQUISITION SERVICES January 21,1999 INTRODUCTION This proposal is in response to the Request for Proposals to provide Right-of-Way Acquisition Services for the property located at 12525 S.W. 68th, Tigard. Our team is interested in providing Right-of-Way services for the project. These services will include appraisal and acquisition/negotiation, and relocation. We believe our combination of separate firms provides the independence or division encouraged by Federal requirements and the Uniform Act, but we work closely thus benefiting from coordination and integration of tasks. Our team consists of three right-of-way members with distinct responsibilities, Gary and Kathy Knowlton, Acquisition Consultants, are licensed agents responsible for negotiation and relocation, Janice F. Young will be responsible for appraisal of the properties. Please note that we may be contracted independently or jointly depending on the project needs. AM CONTACT DETAIL Kathy Knowlton Janice F. Young Gary Knowlton Acquisition Consultants JF Young& Associates 6550 SE Morrison 4805 SW Oleson Rd. Portland,OR 97215 Portland, OR 97225 5.03-2.3.8-6.432 (Phone& FAX) 503-297-2575 (Phone) 503-297-8908 (FAX) CAPABILITIES AND EXPFRIENCE, JF Young and Associates is a Washington County firm owned by Janice F. Young. The company was started 1977 and has been operated as a sole proprietorship since that time. JF Young is a native Oregonian with 25 years of appraisal experience. She has achieved the RM and MAI appraisal designations granted by the Appraisal Institute, and is a Certified Appraiser with the State of Oregon. The firm is certified by the State of Oregon as a WBE/DBE. JF Young has provided a vast array of appraisal services over the past ten to fifteen years. JF Young has completed commercial, industrial and residential property appraisal and review appraisal services for a variety of purposes, including lending and acquisition by governmental agencies. Acquisition Consultants is a company well experienced in acquiring rights of way for public agencies in compliance with the Uniform Relocation Act of 1970 and Oregon Senate Bill 1036 of Jan-21-99 08:08P ACQUISITION CONSULTANTS S03 238-6432 P_03 October 1997. The company is a sole proprietorship owned by Kathy Knowlton and is Certified by the State of Oregon as a WBE/DBE. Kathy Knowlton has extensive experience in all phases of right of way acquisition. She has been in the real estate and appraisal field for 20 years, ten of which were spent with the Oregon Department of Transportation, Right of Way Section. She is a licensed real estate broker. Gary Knowlton also has extensive experience in all phases of right of way acquisition. He spent 32 years with ODOT Right of Way as a Senior Right of Way Agent, Project Manager and in Management, covering the liaison, acquisition/negotiation and relocation phases of right of way. Acquisition Consultants has recently provided cost estimates, liaison and acquisition services for several public projects, including Clackamas County and the City of Portland. The firm has extensive experience in residential and business relocation in compliance of the Relocation Act of 1970, having recently completed the purchase of a$1 million plus office building and the relocation of 25 tenants. In 1997 the firm marketed and auctioned 10 parcels of surplus property for TRI-MET. J F Young and Associates and Acquisition Consultants have worked together for several years on Right of Way projects. Over the past three years we have worked together on two major projects;the Columbia Slough Consolidation Conduit (CSCC)for KCM,an engineering firm representing the City of Portland, and Fanno Creek Sewer Project for Thomas/Wright, an engineering firm also representing the City of Portland. The CSCC Project, lasted in excess of two years, requiring long term coordination and commitment. The Fanno Creek Project, including a pump station and sewer alignment, was completed this past summer after a right of way process which lasted about a year and a half JF Young provided right of way management and coordination and Acquisition Consultants provided extensive preliminary liaison with the property owners as well as negotiation/acquisition services. The project initial alignment impacted approximately 25 properties, with the final alignment affecting approximately 11 ownerships. A copy of the Firms'qualifications and clients are attached. PROJECT UNDERSTANDING AND APPROACH It is our understanding that there will be one property impacted by this project. The property will be purchased in its entirety, necessitating the relocation of four business tenants. The purpose of the typical right of way project is to acquire the property rights to the affected ownerships in order to construct a project. For our team,right of way procedures will comply with Uniform Standards of Professional Appraisal Practice, SB 1036 and the, "Uniform Relocation Assistance and Real Property Acquisition Policy Act of 1970" as amended by the "Uniform Relocation Act of 1987". The team members will also comply with pertinent State Licensing requirements. Appraisal: Appraisal work can commence as soon as the legal description of the taking is available. The appraiser, JF Young, will forward a 1.5 day letter notifying the property owner of the appraisal inspection and offering the opportunity to accompany the appraiser during the Jan-21-99 08:09P ACQUISITION CONSULTANTS 503 238-6432 P_04 inspection. In addition to inspection of the property, the area and neighborhood will be reviewed and researched for comparable sales and any other data which might impact value. The data developed will be analyzed and value of the property and the impacts of the taking will be estimated. This analysis and data will be reported in a narrative Summary appraisal using an Entire Taking format. For a typical or average property,the appraisal would be competed in 30 to 45 days. Subsequent to appraisal submission,the appraiser would be available to take part in review process and be available to act as an expert witness(subject to additional fee) should a condemnation trial occur. Acquisition: Acquisition will commence once Just Compensation is established. We assume that Just Compensation and appraisal review will be completed or established by City personnel and this step will essentially trigger the start of the Acquisition/Negotiation process. We also assume that the City will provide sample documents for the transfer process. Gary and Kathy Knowlton, acting as agents for the City, will prepare the offer which will start the 40 day offer period as dictated by SB 1036. We are estimating that three good property owner contacts would suffice in most cases to either achieve acquisition or understand that there will not be a "meetings of the minds". If agreement is reached, the Agents will facilitate completion of the process and transfer of funds. A title company would typically be used to close the transaction. If agreement is not reached,a 20 day letter will be sent and the file transferred to City legal staff. Agents will keep a comprehensive"diary of contact" which will be submitted with the acquisition file at the completion of the project. Acquisition services for a typical property would be approximately 15 to 25 hours over about a 50 to 70 day time period. COST SCHEDULF Fee Schedule- Hourly Rates Appraisal $100/hour Court Time $100/hour(half day minimum) _Acquisition/Negotiation ---. ------S-75/Hour Relocation $ 75/hour Support Staff/Clerical $ 30/hour The following matrix provides a sample fee estimate for an acquisition file. Please note that this sample is only an example of potential fees-a simple file could cost substantially less and a complex file substantially more. Staff/File Hours Rate Appraisal 15-45 $100 3�0 Acquisition/Negotiation 15-25 $75 I9�S Relocation(per relocatee) 5-15 $75 1�0b0 Clerical 3-5 $30 1 SD Jan-21 -99 08:09P ACQUISITION CONSULTANTS 503 238-6432 P. 05 Fees for acquisition/negotiation are based on the normal average for properties where agreement is reached after approximately 3 contacts and by the end of the 40 day offer period. If agreement is not reached and the file needs further coordination and referral to legal staff for condemnation proceedings, substantially more time may be needed. Relocation fees are based on an average of time to present the benefits to the tenants and oversee the move if, if necessary. The fee for this file is estimated not to exceed $1,000 per relocatee. Appraisal services are based on a scope of work as outlined in previous pages. The fee for this file is estimated to not exceed $3,500. Acquisition based on approximately three property owner contacts and by the end of the 40 day offer period is estimated to not exceed $1,875. OTHER COSTS Materials, supplies, and travel are items typically included in the contracted services. Exceptions might be acquisition/negotiation costs for document delivery, copies and file documents and unusually long distance calls. Other separately billed costs would be for court, court exhibits and title reports. These would be billed on a pass-through basis without markup- SPECIFICATIONS AND SPECIAL.PROVISIONS Appraisal, negotiation and acquisition procedures will be in accordance with the "Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970" and legal and ethical standards, and accepted practices. Procedures will also comply with SB 1036 as required as of October 1997. The Appraiser is a Member of the Appraisal Institute and Certified through the State of Oregon Appraiser Certification and Licensure Board. There are certain obligations to these organizations — - -- which include professional and ethical behavior, appraisal reporting requirements, and conveyance of this information, and responsibility to a client. The Appraisal Institute has the Bylaws and Regulations requiring that any appraisal work be controlled by the appraiser and be available for review by duly authorized representatives of the Institute. Any work submitted would be developed and the report prepared in conformity with the requirements of the Code of Professional Ethics and Standards of Professional Practice of the Appraisal Institute and the Uniform Standards of Professional Appraisal Practice. The Agents are licensed by the State of Oregon Real Estate Licensing Agency and will comply with pertinent laws. Jan-21-99 08: 10P ACQUISITION CONSULTANTS 503 238-6432 P. 06 GENERALITYPICAL RIGHT-OF-WAY PROJECT ASSUMPTIONS We have assumed that the City will provide and return to us in a timely manner, the estimate of just compensation which would include a review of the appraisal. This essentially provides the transitional step between appraisal and acquisition. We have, assumed that the City will have in place, in a timely manner, all the legal requirements to allow acquisition of the property pursuant to Oregon Senate Bill 1036; ordinances, transfer of funds, and so on. Any special documentation needed or other City requirements will be provided to the Consultants in a timely manner. We assume that the City will provide timely legal consultation relative to required documents and legal issues which may be of question. We have assumed that the City will provide consultation relative to questions regarding policy and procedures. We have assumed that the Agent/Negotiator will make three attempts(solid contact attempts) at contact with a property owner and then the file will either be transferred to City legal staff for further proceeding, or legal staff will be available for direction of the necessary steps to initiate condemnation. We have assumed that fees for title reports will be charged directly to the City - cost for this service, along with escrow, closing and recording fees have not been included in this proposal. Jan-21-99 08: 10P ACQUISITION CONSULTANTS 503 238-6432 P_07 ACQUISITION CONSULTANTS Clients served and references: City of Portland Columbia Slough Consolidated Conduit Project, Jan Rosholdt, Project Manager, KCM, Inc. Engineers(206)443-5300 City of Portland Fanno Creek Pressure Line Project, Kathy Thomas, Project Manager, Thomas/Wright, Inc. Engineers(503) 624-1468 Sylvan-Highway 26 Project, ODOT Region 1 Right of Way Rodger Jarmer, Region 1 Supervisor, 731-8430 TRI-MET excess land sale John Baker, Senior Real Property Specialist, (503) 239-2289 Clackamas County Diversion Sewer Line Project, Clark Balfour, Attorney, Cable Huston Benedict& Haagensen,(503) 224-3092 Thomas S. Nielsen, P.E., Parametrix, Inc., (503)256-5444 George Donnerberg, MAI, Real Property Consultants, (503)297-4731 Philip McCurdy, Architect, (503)282-5477 Erling Soli, City of Portland, Bureau of Environmental Services, (503) 823-2632 Tom Anderson, Senior Right of Way Agent, ODOT, (503)731-8426 Jan Young, MAI, J.F. Young& Associates, (503)297-2575 - —Yone Akagi, City of Portland,Bureau-of Water Works, (503)823-7648 Ken Worcester, City of West Linn, Parks and Recreation Director, (503) 5574700 Jan-21-99 08: 11P ACQU1S11lUN C:UNSUL1-ANIS 603 238-6432 P.08 QUALIFICATIONS OF JANIL&: F. YOUNG RM MAI APPRAISAL ASSIGNMENTS HAVE INCLUDED Single Family Properties Apartments Complex Residential Vacant Land Office Buildings Subdivision Development Retail Properties Farm and Rural Property Commercial Properties Resort Condominium Lease Analysis Highest and Best Use Analysis Industrial Property Storm Water Detention Facilities Easements Acquisition Analysis Right of way Analysis Before and After Site Analysis Railroad Right of Way Multiple Property Analysis Condemnation Valuation Court Testimony Insurance Valuation Review Appraisal Services Partial Acquisition Golf Course SAMPLE OF CLIENTS SERVED U.S. National Bank of Oregon Coldwell Banker Relocation Bank of California US West Relocation First Interstate Bank Portland General Electric Bonneville Power Administration Metro Portland Development Commission Washington County Unifled Sewerage Agency Engineering Firms Oregon State Highway Department City of Hillsboro City of Gresham City of Cornelius City of Portland Developers Individuals Attorneys PROFESSIONAL LICENSES AND AFFILIATIONS Member-Appraisal Institute Residential Member-Appraisal Institute International Right of Way Association Board of Realtors Certified Appraiser -State of Oregon (146) Business Certified: WBE, DBE