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HomeMy WebLinkAboutSHERMAN HEMSTREET VAUGHN MAXWELL APPRAISER AGREMENT ... RIW FORM NO. 521 REV. 12-16-03 CITY OF AUGUSTA AND DEPARTMENT OF TRANSPORTATION APPRAISER AGREEMENT PROJECT S.R. 4/1Sth St. @ CR 2207 (Central Ave.) STP-0003-00(790), P.I. 0003790 COUNTY Richmond A. Sherman & Hemstreet. Vauahn Maxwell hereby agree to appraise certain right of way parcels in (Auousta, Richmond) County as shown on the right of way plans for Project S.R. 4/1Sth St. @ CR 2207 (Central Ave.) in the manner prescribed by instructions as referred to in Paragraph ~below at the fee rate per parcel as indicated on the attached document entitled "Attachment A". This document also shows, on a parcel by parcel basis, the due date of each appraisal, the anticipated contents of the appraisal, and the anticipated approaches to value which will be used in preparing this report. B. For revising appraisals, due to changes in the scope of the original contract, for updating appraisals for court testimony, for appearances as a witness in court, at preliminary hearings, pre-trial hearings or depositions taken in behalf of the City of Augusta and Department of Transportation (hereinafter referred to as the City and State), Appraiser/Designated Appraiser agrees to provide these services for: $400 $200 Per Day or $50 per hr. one-half Day (Home base testimony) Statements submitted for these services must be itemized on an hourly or daily basis and approved by attorney conducting trial or hearing. C. This Appraiser Agreement may be entered into with an individual appraiser, as a single entity, or with a firm, partnership, corporation or combination thereof. 1. If said agreement is entered into with a firm, partnership, corporation or combination thereof, the following regulations will apply: a. The City of Augusta and Georgia Department of Transportation shall have final approval of the Desionated Appraiser chosen by a firm, partnership of corporation to perform the contractual appraisal assignment. Said Designated Appraiser's name must appear on the Georgia Department of Transportation's Approved Appraiser Roster as a Certified Real Estate Appraiser and they must be fully qualified to perform the required appraisal work. b. The Department and the Contractor recognize that continued and uninterrupted performance of the specified services is essential. Therefore, it is further agreed between the parties that in the event (Designated Appraiser) leaves the Contractor's employ, the Contractor shall assign this agreement, without limitation, to . (Designated Appraiser) or the company employing said individual. See Page 7 for signature requirement. ~ _~-J... . R/W Form No. 521 ..- -~of... 2. Appraiser/Designated Appraiser agrees to begin appraising the parcels listed on attached sheet on or before notice to proceed and to deliver 3 (three) copies of the fully completed appraisalJo the City of Augusta not later than the date(s) shown as attached. Deliver ~copies of Data Book. It is. mutually agreed between the City of Augusta hereinafter referred to as the "City" and Sherman & Hemstreet. Vauahn Maxwell hereinafter referred to as the Appraiser of Contractor (firm, partnership, corporation, or combination thereof) that: 3. It is understood and agreed that the firm and/or appraiser performing any work under this contract will not employ, assign, or use any individual in the performance of this contract who was employed by the Georgia Department of Transportation and the City of Augusta during the past twenty-four (24) months prior to the date of this contract. Individual, as defined in this paragraph, does not include retired Georgia Department of Transportation employees or retired City employees. 4. It is fully understood and agreed that in the event the completed appraisals are not delivered within the specified time, the City may impose a penalty of suspension from all appraisal activity for a period of time to be specified by the Department. However, it is understood that an extension of time may be granted by the City, under extenuating circumstances, if conditions so warrant and the request for such an extension is submitted in writing. 5. It is understood that the appraisals made under this contract will be submitted to the Department no more than thirty (30) days after the date of evaluation, and if not, they will not be accepted. 6. It is understood that the State will furnish appraisal forms, maps, sketches and other information or assistance deemed ~y the State to be in the interest of securing a fair market value evaluation, if available. 7. The appraisal report to be rendered shall be on summary Sheets 388, 388-C, or other forms authorized by the General Office and shall be supported by a narrative report adequately documented to comply with the requirements of the "Information for Appraiser" brochure dated October 1985 which has been furnished the Appraiser. It is further agreed that the State will not be obligated to pay for unsatil?factory reports submitted by the Appraiser which do not comply with the aforesaid requirements. Submission of unsatisfactory reports may result in a penalty of suspension from all appraisal activity for a period of time to be specified by the Department. 8. The Appraiser further warrants that he has not employed or retained any company or person other than a person solely under. his employ to solicit or secure this agreement and that he has not paid or agreed to pay any company or person other than one of his bona fide employees working solely for him any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from ttle award or making of this agreement. For breach or violation of this warranty, it is understood that the City and State will have the right to annul this agreement without liability, and in the event conditions or circumstances so warrant, this agreement may, by mutual consent, be adjusted as to time or basis or payment. . R/W Form 521 9. The State shall have the right of cancellation for all or any part of the services under the terms of this agree(T1ent in the event of changes in City and State plans, which obviate the necessity of such appraisals, by giving notice by mail to the Appraiser herein, and shall be liable for services furnished only to the date of receipt of such notice by the Appraiser. 10. 11. 12. 13. 14. 15. '-':d.... ..~i... In the event of termination as to one or more or all of the parcels, Appraiser shall be paid a proportionate part of the fee for the particular parcel or parcels terminated as set forth above in proportion to the work actually completed on that parcel at the date of termination. It is agreed that if for any reason work under this agreement is terminated, all work actually done by the Appraiser to the date of termination shall become the property of the City. If changes or revisions become necessary because of revised plans, or additional requirements on the part of the State, or any major changes in the scope or character of the work to be performed as required by the City and State, it is agreed that a new agreement covering only such revisions or changes will be entered into at that time, as agreed to by the State and Appraiser, making any necessary adjustments in the time of performance and providing applicable equitable changes, with increases or decreases, in the amount of compensation as set forth in the original agreement. See Paragraph B as an option to a new appraisal agreement. It is agreed that if a dispute concerning a question of fact in connection with the work not disposed of by this agreement arises, the decision of the City and State shall be final subject only to appropriate appeal to State Attorney General. The Appraiser agrees to indemnify and save harmless the City and State, their officers, agents, and employees from any and all claims and loss occurring or resulting to any and all persons, firms, or corporations furnishing work, services, materials or supplies in connection with the performance of this contract, and from any and all claims and losses occurring or resulting to any person, firm, or corporation who may be injured or damaged by the Appraiser in the performance of the agreement. The parties hereto agree that the Appraiser, and any agent and employee of the Appraiser, in the performance of this agreement, shall act in an independent capacity and not as officers, employees or agents of the State. This agreement is not assignable by Appraiser, either in whole or in part and no portion of the work may be sublet or transferred to any other person's without prior written approval of the State. If it is discovered that such a violation has occurred, the appraiser of record will be subject to suspension for a period of time to be specified by the Department. The Appraiser 'agrees to comply with all Federal, State and local laws and ordinances applicable to the work. . R/W Form 521 16. The Appraiser (hereinafter referred to as the contractor under this paragraph) also agrees to comply with Federal regulations relative to non-discrimination in Federally assisted programs of the U.S. Department of Transportation as herein defined under Appendix "A" below: . .~ ,~~l... APPENDIX "A" a. Compliance with Regulations: The contractor shall comply with the Regulations relative to nondiscrimination in Federally-assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time, (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. b. Non discrimination: The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color or national origin in the selection and retention of contractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contractor covers a program set forth in Appendix B of the regulations. c. Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations either by competitive bidding or -negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor of supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color or national origin. d. Information and Reports: The Contractor shall provide all information and reports required by the Regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City and State Department of Transportation or the Federal Highway Administration to be pertinent to ascertain compliance with such Regulations or directives, where any information required of a contractor is in the exclusive possession of another who fails or refuses to furnish this information, the contractor shall so certify to the City of Augusta, State Department of Transportation, or the Federal Highway Administration as appropriate, and shall set forth what efforts it has made to obtain the information. e. Sanctions for Noncompliance: In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City of Augusta and State Department of Transportation shall impose such contract sanctions as they or the Federal Highway Administration may determine to be appropriate, including, but not limited to: . R/W Form 521 (1) withholding of payments to the contractor or under the contract until the contractor complies, and/or (2) cancellation, terminption or suspension of the contract, in whole or in part. f. Incorporation of Provisions: The contractor shall include the provisions of paragraphs "a" through "f' in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The contractor shall take such action with respect to any subcontract or procurement as the State Department of Transportation or the Federal Highway Administration may direct as a means of enforcing such provisions including sanctions for non- compliance: Provided, however, that in the event a contractor becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the contractor may request the State Department of Transportation to enter into such litigation to protect the interest of the State, and, in addition, the contractor may request the United States to enter into such litigation to protect the interest of the United States. 17. The Appraiser/Designated Appraiser agrees to execute for each parcel the "Certificate of Appraiser" Form R/W 520, Revised 5/87. 18. It is mutually understood and agreed that no alteration or variation of the terms of this agreement shall be valid unless made in writing and signed by -the parties hereto, and that no oral understanding or agreements not incorporated herein, and alterations or variations of the terms hereof, unless made in writing between the parties hereto, shall be binding on any of the parties hereto. 19. All information contained in the report, and all parts thereof, are to be treated as a privileged communication. The Appraiser shall take all necessary steps to insure that neither he nor any member of his staff or organization divulges any information concerning the report to anyone other than the proper officials of the City of Augusta and Department of Transportation of said State or officials of the Federal Highway Administration until authorized by City and State Officials to do so, or until the Appraiser is required to do so by due process of law or until released from this obligation by having publicly testified as to such findings. DRUG-FREE WORKPLACE CERTIFICATION 20. The undersigned certifies that the provisions of Code Sections .50-24-1 through 50-24-6 of the Official Code of Georgia Annotated, relating to the "Drug-free Workplace Act", have been complied with in full. The undersigned further certifies that: (1) A drug-free workplace will be provided for the contractor's employees during the performance of the contract; and (2) Each contractor who hires a subcontractor to work in a drug-free workplace shall secure from that subcontractor the following written certification: "As part of the subcontracting agreement with . certifies to the contractor that a drug-free workplace will be provided for the subcontractor's employees during the performance of this contract pursuant to Paragraph (7) of Subsection (B) of Code Section 50-24-3". .~.... :~{... ... R/W Form 521 Also the undersigned further certifies that he will not engage in the unlawful manufacture, sale, distribution, dispensation, possession, or use of a controlled substance or marijuana during the performance of the contract: ' Please see following Signature Page 7 and Fee Quote Attachment A, Page 8. Addenda - Appraisal Report Disclosure Form, Requirements for Supporting Damages '~~'. . R/W Form 521 ~~ 5 rlJ:;~/Ir-J JM./O 1-h~..fJ7~1 Signature of Individual Appraiser/Firm _/ " Address: /4.)0 ~J4$"!iv;:3 Sf' .. (/r TJ~ I sO I Au4v'J/)f , <;'A. ~ 0/'0 / Signed Sealed and Delivered In the^P:~ ~ ~ _ . ~A v'7~J~ Notary Public - ~;~~mrni.s~i&tH:!xb~sPU8f:JC t;ulUMSIA COUNTY GA MY COMMISSION EXPIRES - JANUARY 10TH 2009 - ,. As per Paragraph C, Clause 1-A, and B, the appraiser designated by a firm, partnership, or. corporation or combination thereof to perform certain appraisal assignment or assignments hereby understands and agrees to abide by these requirements as verified by appraiser's signature. Signature of Designated Appraiser Address: Signed Sealed and Delivered In the Presence of: Notary Public (Seal): My Commission Expires: Based on prior field review of properties involved in the contract proposal by Department of Transportation Right of Way personnel as to the nature and complexity of the valuation problems and on my knowledge of fees paid for appraisal of similar properties in this vicinity I have determined that the fees as proposed under the contract are reasonable and are therefore recommended for acceptance. . J/ecomme~ded: ~ fJ{ ~/-)~.: ~Acquisition Supervisor Augusta Engineering Witness: ,~~.,* Attest: Clerk of Commission Witness: Notary . ATTACHMENT. A .. ~HERMAN AND . HEMSTREET LLC (ESTABLISHED 1924)' PROFESSIONAL REALTORS@ POST OFFICE BOX 310 AUGUSTA, GEORGIA 30903-310 TELEPHONE (706.) 722-8334 FACSIMILE (706) 722-7289 October 11, 2006 Augusta Engineering Department 1815 Marvin Griffin Road Augusta, GA30906 Attn: Mr. Jim Williamson Re: S.R. 4 / 15th Street@ Central Avenue Project GDOT Project #STP-0003-00 (790) P.1. # 0003790 Dear Mr. Williamson: In. l'lc.cordance with. yoW ~qu~s,t,. I :am pJ~ased to offer this proposal for accomplishing the apP'~s~l seiY~~s.f6t the above refc~reticedpioject. " "f" i ,. . ; Preparation of Appraisals 2 each @$1,250.00 each $2,500 The appraisal reports will include the general datainfo.and.sales data in lieu of preparing a general data book. The time proposed to complete all the appraisals is 30 to 45 days from receiving the authority to proceed. The appraisals willbe prepared using the 388-C report format. Th~ you for the opportunity to bf: of service. Should you have any questions regarding the fee or tUne estimate, please do not hesitate to contact my office. . Sincerely, SHERMAN and HEMSTREET, LLC u::;::. ~ Vaug4n :L. Maxwell, ill :. . GA Certified Gen~tal AppraiserNo.CG6222 .. . : . :..: . ........' ...... . ":' .' . ..-..' '. .:' ...... .... ~/1,Iionat Association qf ReaJ.tars~, GeorgIa Association qf ReaUars~, /healer Augusta Association qf ReaJ.tars~, ReaJ.tars~ Commercial AJJiance,. . '--~ty qf I11dllStrlal a1ld OJfU:e ~ (711dividua! Membership), Institute qf Real Estate Managmnent~, Internationat Council qf Shopping Cent_ APPRAISAL REPORT/REVIEW DISCLOSURE FORM I fully understand that the information provided below will be used to determine my eligibility for appraisal review work, as proposed in the attached review appraisal agreement. I also understand that I might not be awarded this particular contract if in the opinion of the Georgia Department of Transportation Right of Way Staff my outstanding workload for Georgia Department of Transportation and/or any Local Government Right of Way Agency would. jeopardize the timely completion of this contract. The following information is a summary of all unfinished appraisal work on previously approved contracts, updates for court testimony, in progress or recently requested, outstanding reports under revision due to plan changes, or corrections requested by the Department of Transportation. (Check One) Anticipated DOT Local Gov't Proiect No. County Parcel No. Completion Date Signature Date '-~ :.~~~... . SUPPLEMENT TO APPRAISAL AGREEMENT . REQUIREMENTS FOR SUPPORTING DAMAGES As a result of right of way acquisition along this particular project corridor the value of certain improved residential, commercial/office institutional or transitional (conversions or potential conversions) remainder properties may be ad'{ersely affected. . In order to absolutely assure that these potential adverse effects are investigated and measured properly, the following procedures are mandatory, as a condition of this appraisal agreement: Residential Improvements - Proximity 1.. Measure distance to the subject improvement from existing and proposed right of way and roadbed. Particular attention should be given to establishing normal market setbacks in the before situation. 2. Measure distance from existing right of way and roadbed to structure on all applicable comparable sales and rental properties utilized in the valuation analysis. Denote specific sales and rentals, which may represent after situations (existing proximity problems). 3. Prepare a subject property and sales and rental chart to include the following data - proximity measurements, physical descriptions (size, construction features, condition, etc.) land area, land value, abstracted improvement contribution (total value and per sq. ft. value) rent, per sq. ft. of building and monthly rent. Charts should be included in data book. 4. The appraiser should develop his/her own matching pair comparisons (sales and rentals with similar characteristics with and without proximity as a factor) of property located on subject project or similar, nearby road projects. He/she should prepare a comparison chart illustrating percentage or dollar fluctuations in improvement contributions and/or rent per sq. ft. of building and monthly rent. Conclusions developed from this data should be applied to subject properties in an appropriate manner. 5. Under no circumstances will proximity studies previously prepared by other appraisers be accepted as sole support for measurement of proximity damages without convincing evidence that Step No.4 has been attempted. If studies by others are used, the appraiser should attempt to analyze the data independently and arrive at his/her own conclusions, rather. than accepting the conclusions presented by other appraisers. Commercial. Office Institutional. Transitional Improvements - Parkino Loss, Access Chanoes. Grade Chanoes. etc. 1. Measure distance from building to existing and proposed right of way and roadbed from all applicable subject parcels. 2. Prepare a parking space layout drawing, both in the before and after situations. If a cost to cure report is provided, the parking layout drawings contained therein may be referred too. . 3. Parking space to subject improvement area ratios, both before and after a proposed acquisition, should be prepared in grid chart form and included in the data book. '~'~."... . 4. Direct comparison, and matching pair comparisons, measuring parking reduction, access change, and grade change effects on building price per sq. ft., rent per sq. ft. and monthly rent should be extracted from subject project area or similar road projects. The indications from this data should be summarized in grid form and included in data book. . "~ 5. Under no circumstances will studies prepared by other appraisers be accepted as sole support for measurement of damages resulting from parking loss, access changes, grade changes, etc., without convincing evidence that Step No.4, has been attempted. If studies by others are referred to, the appraiser should attempt to analyze the data independently and arrive at. his/her own conclusions, rather than accepting the conclusions of another appraiser. ,~'~.~... .