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HomeMy WebLinkAboutHARDY APPRAISAIL CO (FOR PROJECT MARKS CHURCH ROAD)AUGUSTA, GEORGIA AND DEPARTMENT OF TRANSPORTATION APPRAISER AGREEMENT PROJECT Marks Church Road CITY OF AUGUSTA APPRAISER AGREEMENT COUNTY Richmond A. 1440 --( 1 .,Co• hereby agree(s) to appraise certain right of way parcels in (Augusta, Richmond) County as shown on the right of way plans for Project Marks Church Road in the manner prescribed by instructions as referred to in Paragraph B below at the fee rate per parcel as indicated on the attached document entitled "Attachment A ". 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. Augusta, Georgia shall have final approval of the Designated Appraiser chosen by a firm, partnership of corporation to perform the contractual appraisal assignment. Said Designated Appraiser's name must be approved by Augusta, Georgia as a Certified General Real Estate Appraiser and they must be fully qualified to perform the required appraisal work. 2. Appraiser /Designated Appraiser agrees to begin appraising the parcels listed on attached sheet on or at notice to proceed and to deliver 2 (two) copies of the fully completed appraisal to the Augusta, Georgia not later than the date(s) shown as attached. Deliver 2 copies of Data Book. 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 Augusta, Georgia during the past twenty -four (24) months prior to the date of this contract. Individual, as defined in this paragraph, does not include retired Augusta, Georgia employees. 4. It is fully understood and agreed that in the event the completed appraisals are not delivered within the specified time, Augusta may impose a penalty of suspension from all appraisal activity for a period of time to be specified by Augusta, Georgia. However, it is understood that an extension of time may be granted by Augusta 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 Augusta, Georgia no more than thirty (30) days after the date of evaluation, and if not, they will not be accepted. 6. It is understood that Augusta, Georgia will furnish maps, sketches and other information or assistance deemed by Augusta, Georgia to be in the interest of securing a fair market value evaluation, if available. 7. The appraisal report to be rendered shall be on Uniform Standards and Principals of Appraisal Practices (USPAP) accepted forms, or other forms authorized by Augusta, Georgia and shall be supported by a narrative report adequately documented to comply with the requirements of the USPAP. It is further agreed that Augusta will not be obligated to pay for unsatisfactory 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 Augusta, Georgia. 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 the award or making of this agreement. For breach or violation of this warranty, it is understood that Augusta, Georgia 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. 9. Augusta, Georgia shall have the right of cancellation for all or any part of the services under the terms of this agreement in the event of changes in Augusta 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. 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 Augusta, Georgia. 10. If changes or revisions become necessary because of revised plans, or additional requirements on the part of Augusta, Georgia or any major changes in the scope or character of the work to be performed as required by Augusta, Georgia it is agreed that a new agreement covering only such revisions or changes will be entered into at that time, as agreed to by Augusta 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. 11. 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 Augusta, Georgia shall be final subject only to appropriate appeal to the Augusta, Georgia Attorney. 12. The Appraiser agrees to indemnify and save harmless Augusta, Georgia 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. 13. 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 Augusta, Georgia. 14. 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 Augusta, Georgia. 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 Augusta, Georgia. 15. The Appraiser agrees to comply with all Federal, State and local laws and ordinances applicable to the work. 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: 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, and Augusta, Georgia, 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 Augusta, Georgia 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 Augusta, Georgia, 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, Augusta, Georgia shall impose such contract sanctions as they may determine to be appropriate, including, but not limited to: (1) withholding of payments to the contractor or under the contract until the contractor complies, and /or (2) cancellation, termination 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 Augusta, Georgia 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 Augusta to enter into such litigation to protect the interest of Augusta, Georgia. 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 Augusta, Georgia until authorized by Augusta, Georgia 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. Signed Sealed and Delivered In the Presence of: 1 , /, . /��,,,, Signature of Indivi I Appraiser /Firm NP ry Public Address: As P-6 VI, 44L-n,J e 2, G4 3o 5 l 7 Address: Recommended: Ac Acquisition Manager q g Witness: 1 2 ( 7_ S3 iog (Seal): �1 N Af S'p + b 1 1 My Commission VON& ti �% 5 s a i 113 PUB : er1 per Paragraph B, Clause 1 -A, the appraiser designated by a fin�l!%�Cairrip, 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 Notary Public Signed Sealed and Delivered In the Presence of: (Seal): My Commission Expires: Based on prior field review of properties involved in the contract proposal by Augusta, Georgia 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. Accepted: Attest: Treasurer 3/m2 9A2- Administrator Date Witness: �. MOA41 ...•••••• 44,0 Notary 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 Toss, 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. (Check One) Anticipated 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 Augusta, Georgia 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 City. DOT Local Gov't Project No. County Parcel No. Completion Date Signature Date Bid 12 -131 Appraisals for Marks Church Road Project Page 34 of 36 PROJECT NAME: Marks Church Road Tax Map Parcel Name & Address Price 041 -4 001 -01 Top Notch Car Wash L t OQ, U) 041 -1 063 -00 Helen Lynette Lane L t 00 - d� 041 -1 062 -00 Marguerite H. Maddox 4 00 , U, 041 -3 001 -00 Fatima T. Zohra 4 OD i t 041 -1 061 -00 , Gloria Bagby i t DD , ii,..) 041 -1 056 -00 Leonard T. Mays te 041 -1 057 -00 Ronald H. Tullis /' OD ,04 "L 'Da,d) 041 -1 058 -00 Jesse Lee Brown le DO - O o 041 -1 059 -00 Georgia Power Co. 1 100,0 041 -0 009 -01 Janice R. Koss 4 t Do -0) 041 -0 009 -02 Lynndale West Apts. It00.W 041 -0 006 -00 St. Marks Methodist Church L O D , W 041 -0 006 -01 St. Marks Methodist Church Le be - Oo 041 -0 003 -00 Queensborough Nat'l Bank LID 0. Oo 041 -0 003 -01 William W. Irby li(o. 09 041 -1 114 -00 Martha Berrien 't 6 v- Jv 041 -1 113 -00 Amorette D. Sutter I0 0, Uv 041 -1 111 -00 Joseph E. Richter 4 10 D, Oo 041 -1 112 -00 Michael Johnson i t 00 - w 041 -1 110 -00 Dorothy M. Kendrick t t pt., w 041 -1 067 -00 Nicholas J. Deyoe 1 - 1 - Uo, 60 031 -3 004 -00 Henry E. Bady 'tDa,W 031 -3 139 -00 Clyde Hill Sr. L t l)a , yj 031 -3 145 -00 Glenda Y. Kendrick 09 ,-“.1 041 -0 018 -02 The M -K LLC, c/o Checko Corp ©© UJ 041 -0 018 -04 Richmond Plaza Investors, LP, c/o BPG Prop. LTD el U D ✓ 041 -0 020 -00 Fred McNeal 0 ( 6, 0v 041 -0 019 -00 Fred McNeal 1 10 d , (10 041 -0 018 -01 Marks Baptist Church a 0 , (00 Bid Item 12 -131 Appraisal for Marks Church Road Proiect Due Date: Friday, March 9, 2012 @ 11:00 a.m. Attachment "A" Bid 12 -131 Appraisals for Marks Church Road Project Page 35 of 36 Tax Map Parcel Name & Address Price 041 -1 060 -01 Ronald H. Tullis i lbt>- v� 041 -1 060 -00 Ronald H. Tullis 1 Y bv- U'' 041 -0 066 -00 Properties of Reddy Family, LLC TUa - C.G 041 -0 010 -00 Properties of Reddy Family LLC e> a, Lip 041 -0 010 -01 Oakwood Village Apts., c/o Tax Dept. 1 1 b D, (U� 041 -0 008 -00 Keith Lavarnway L i d O - OD 041 -0 007 -00 Robert E. Harkrider, Jr. i f DI> tic 041 -1 135 -00 Paulus Limited Partnership f t U a . U 041 -1 133 -00 Bryan G. Simkins i t pp, U o 041 -1 127 -00 Edward M. Patterson, Jr. '1 Dv.. 0 0 041 -1 155 -00 April Kathleen Beard i t t? a - 01, 041 -1 150 -00 George Bowden Li a 0, 01, 041 -4 002 -01 McDonald's Corp. #263 c/o Jennifer Bonness L I Da. VA 041 -1 149 -00 Thomas Dewing Kohli Livt I t Pa-c.)0 041 -1 148 -00 U.S. Bank National Assoc. q Do_ JU 041 -0 001 -00 Lida H. Rich 1°O .O o 031 -0 006 -00 Teresa P. Tedder L t 00- w 031 -0 006 -01 First Advent Christian Church Q`t)0 -Oo 031 -0 007 -02 Rose Conn Bass i t D ° - ci 031 -0 007 -03 through 007 -06 Jackie King l t 90 031 -3 074 -00 Mary Louise Courson it c • (J• r 7U 0,&.+ TOTAL: cff 9. di 060.0.0 `0C Ci 1`sr, frti vv RA1 A14 11.,o'{ Gor4 Bid 12 -131 Appraisals for Marks Church Road Project Page 36 of 36