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HomeMy WebLinkAboutHARDY APPRAISER CO AGREES TO APPRAISE IN RICHMOND COUNTY RIGHT OF WAY PLANS FOR PROJECT BELAIR ROADAUGUSTA, GEORGIA APPRAISER AGREEMENT PROJECT Belair Road COUNTY Richmond A. Jkty- ''4PPRAiixt.•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 Belair 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 ". B. 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 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. 20. Temporary suspension or delay of performance of contract. To the extent that it does not alter the scope of this agreement, Augusta, Georgia may unilaterally order a temporary stopping of the work, or delaying of the work to be performed by 4L under this agreement. 21. Prohibition against contingent fees. 1,1 /� 1 i (' Co is prohibited from directly or indirectly advocating in exchange for compensation that is contingent in any way upon the approval of this contract or the passage, modification,�Qr� defeat of any legislative action on the part of the Augusta, Georgia Commission. N'i't— shall not hire anyone to actively advocate in exchange for compensation that is contingent in any way upon the passage, modification, or defeat of any contract or any legislation that is to go before the Augusta, Georgia Commission. 22. Georgia Prompt Pay Act not applicable. The terms of this agreement supersede any and all provisions of the Georgia Prompt Pay Act. 23. Acknowledgement regarding contractual obligations of Augusta, Georgia. l' " 1 14 acknowledges that this contract and any changes to it by amendment, modification, change order or other similar document may have required or may require the legislative authorization of the Board of Commissioners and approval of the Mayor. Under Georgia law, tkkt - is deemed to possess knowledge concerning Augusta, Georgia's ability to assume contractual obligations and the consequences of provision of goods or services to Augusta, Georgia under an unauthorized contract, amendment, modification, change order or other similar document, including the possibility that may be precluded from recovering payment for such unauthorized goods or services. Accordingly, '4-A.� agrees that if it provides goods or services to Augusta, Georgia under a contract that has not received 24. Georgia E- Verify Requirements. All contractors and subcontractors entering into contracts with Augusta, Georgia for the physical performance of services shall be required to execute an Affidavit verifying its compliance with O.C.G.A. § 13- 10 -91, stating affirmatively that the individual, firm, or corporation which is contracting with Augusta, Georgia, has registered with and is participating in a federal work authorization program. 1- F *itn-t A hL. co • agrees to provide their E- Verify number and to be in compliance with the electronic verification of work authorized programs operated by the United States Department of __Homeland Security or any equivalent federal work authorization program operated by the United States Department of Homeland Security to verify information of newly hired employees, pursuant to the Immigration Reform and Control Act of 1986 (IRCA), P.L. 99- 603, in accordance with the applicability provisions and deadlines established in O.C.G.A. § 13 -10 -91 and shall continue to use the federal authorization program throughout the contract term. Additionally, IA-AL agrees that, should it employ or contract with any subcontractor(s) in connection with the physical performance of services pursuant to its contract with Augusta, Georgia, 14 -4-L. will secure from such subcontractor(s) each subcontractor's E- Verify number as evidence of verification of compliance with O.C.G.A. § 13 -10 -91 on the subcontractor affidavit provided in Rule 300 -10- 01-.08 or a substantially similar form. agrees to maintain records of such compliance and provide a copy of each such verification to Augusta, Georgia, at the time the subcontractor(s) is retained to perform such physical services. proper legislative authorization or if tei -Ac.._ provides goods or services to Augusta, Georgia in excess of any contractually authorized goods or services, as required by Augusta, Georgia's Charter and Code, Augusta, Georgia may withhold payment for any unaut orized goods or services provided by l-4 assumes all risk of non - payment for the provision of any unauthorized goods or services to Augusta, Georgia, and it waives all claims to payment or to other remedies for the provision of any unauthorized goods or services to Augusta, Georgia, however characterized, including, without limitation, all remedies at law or equity." This acknowledgement shall be a mandatory provision in all Augusta, Georgia contracts for goods and services, except revenue producing contracts. 25. Local Small Business Language: In accordance with Chapter 10B of the AUGUSTA, GA. CODE, 14K Pfpacsaz G • agrees to collect and maintain all records necessary for Augusta, Georgia to evaluate the effectiveness of its Local Small business Opportunity Program and to make such records available to Augusta, Georgia. The requirements of the Local Small Business Opportunity Program can be found at www.auciustaga.gov. In accordance with AUGUSTA, GA. CODE § 1- 10- 129(d)(7), 14 4 —c. is required to provide local small business utilization reports. a- it- shall report to Augusta, Georgia, the total dollars paid to each local small business on each contract, and shall provide such payment affidavits, regarding payment to subcontractors as may be requested by Augusta, Georgia. Suc h documents shall be in the format specified by the Director of minority and small business opportunities, and shall be submitted at such times as required by Augusta, Georgia. Failure to provide such reports within the time period specified by Augusta, Georgia, shall entitle Augusta, Georgia to exercise any of the remedies set forth, including but not limited to, withholding payment from c--l' Signature of Individual AppraisbrPFirm Address: 1z53t �►�l A2ir el. I CA- 3 o As per Paragraph B, Clause 1 -A, 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 Notary Public Address: Recommended: cquisition Manager Witness: e.4er,, 1,1 127,,,,f7 k Signed Sealed and Delivered In the Presence of: DQotary Public (Seal): My Commission Expires: 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: (f ( < . ( 1 Mayor Attest: Witness: Notary Date o, 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 adversely 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 — Parking Loss, Access Changes, Grade Changes, 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 to. A Cost to Cure report will be provided by an independent cost to cure contractor if needed. 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. 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 Augusta. (Check One) Anticipated DOT Local Gov't Protect No. County Parcel No. Completion Date 1 ,4 4. C.. uc JAC(4 e49 • 0.4c Signature (1 Date J opog ��,' 20 t 2- f 7- / id 12 -159 Belair Road Project Appraisal Services Page 38 of 39 Bid Item 12 -159 Belair Road Proiect Appraisal Services Due Date: Friday, June 1, 2012 @ 11:00 A.M. Attachment "A" Tax Ma • Parcel Name Type of Acquisition Price 52 10 Madeline Elizabeth Lowe Permanent Easement ! j p0 , Go 52 11 James Furman Lowe Permanent Easement 6'I 00 , p- 52 15 Bonnie Cliett Lowe Perm & Temp Esmt. 4i./ Q 0 0 52 16 Bonnie Cliett Lowe Right of way & Temp esmt A Lop , a) 52 17 Mary Evelyn Crouch Burrum Right of way, & Temp esmt. 4 Li o 0. 52 033 -02 Debbie Mock Durham Right of way & Temp esmt. i too, W 52 34 Patricia D. Hodges Right of way & temp 44100-0) 52 49 John T. Carter R/W, Perm & Temp Esmt. 41. Q0. w 52 51 Patricia B. Long Perm & Temp Esmt. A Li 00 . 0) 52 56 Brigette Emma Randazzo Perm & Temp Esmt. 41100 _ ° 52 57 Robert F. Bryant Perm & Temp Esmt. I LI 0 0. 0 52 59 David E. Higley Perm & Temp Esmt. 4 t i o o , Oo 52 60 Paula M. Ford Perm & Temp Esmt. 4 zi DO,to 52 62 Phillip G. Peavler Perm & Temp Esmt. & 4 00-0 52 63 Dieter L. Burrell Perm & Temp Esmt. 4 Li 0 D -ui 52 65 Claude Robert Wilkes, Sr. Perm & Temp Esmt. il l ip0 0 52 66 Constance G. Hooper Perm & Temp easmt A L /00.0 52 68 Asbury Hill Assoc., Inc. Right of way, Perm & Temp 4 1 00,o 52 69 James M. Green Right of way, perm & temp esmt , t!J 52 70 Danny F. Posey Right of way & temp esmt. eft 0 0 , U) 52 070 -01 Jean G Harmon(ROFS) Perm & temp esmt. 0 4 t Op- Ja 52 490 Monica H. Walker Temp & perm esmt ,61 `t p 0 , 0 52 492 Marion T. Duffle, Jr. Perm & Temp esmt ,At OD- 00 53 17 John W. Grant Temp. & perm easm 4 00 o 53 18 Charles Emmert Temp. & perm easm P D0. 03 53 19 Virginia Boston D. Gibson Perm & Temp Esmt. 41 0 Q o) 53 24 Alvin B. Greene Perm & Temp Esmt. 4,-too, W 53 25 H.E. Plagwitz Perm & Temp Esmt. Pt 0V , 0 53 32 Ricky Stephen Newman Perm & Temp Esmt 4 U 0, ih 53 36 Mary G. Finch Perm & temp esmt. 0 Ob 53 37 F.J. Kirschenheiter c/o Carol K. Shoemaker Perm & Temp Esmt. p ' ' l 00. N 53 41 Jean Michel Zapata Perm & Temp Esmt 4 00,0J id 12 -159 Belair Road Project Appraisal Services Page 38 of 39 Attachment "A" (cont.) Bid Item 12 -159 Belair Road Project Appraisal Services Due Date: Friday, June 1, 2012 @ 11:00 A.M. Tax Ma • Parcel Name Type of Acquisition Price 53 42 Arvind Patel Perm & Temp Esmt 51 10D„ 10 53 43 Roberta Jean Posey Perm & Temp Esmt I I DO , a, 53 92 Michael Thomas Right -of -way & temp d'100 J o 53 106 Calixto A. Yerro Right -of -way & temp f pp, 0, 53 002 -02 L.P.B. Properties Perm & Temp Esmt 4 L iDO, oD 53 007 -00 Francisco M. Maid Monaivo Right of Way & Perm Esmt r9 L I DO , t),) 53 007 -01 James L. Blevins Perm Esmt & Temp 4 "10c , .. u, 53 007 -02 Jesse F. Chaffin Temp and Perm Esmt. 411 00, 53 010 -01 First Metropolitan Baptist Right -of -way & temp esmt 00 , U, 53 024 -01 Vincent O. Willis Perm & Temp Esmt. 4 LIDO, 0 53 026 -04 Bethany Taylor Fasnacht Perm & Temp easmt 4 1 DD, Ua 53 026 -05 Bethany Taylor Fasnacht Perm & Temp easmt 4 4 t 00 - t], 53 026 -08 Bethany Taylor Fasnacht Perm & Temp easmt s ' D D, p, 53 028 -01 Raymond Rickerson Perm & Temp Esmt. $ DD. t) 034 -01 Dorothy Fronek - -way, perm & temp Right-of-way, esmt 0 190. o 53 034 -02 John R. Fronek, Sr. Right -of -way, perm & temp esmt Plop, 00 53 035 -01 Robert J. Ellis, Jr. Perm & temp esmt , f h t DO, ip 53 035 -02 Tytia A. Morgan Perm & temp esmt 4 00. 0 53 036 -01 Pamela Finch Jacobs Right -of -way, perm & temp 4 Li DD UJ 53 039 -05 John M. Hinnant Perm & Temp Esmt 0 `i- Do. 04 53 043 -02 Harold Clark Perm & Temp easmt 4 dvp _/o 53 044 -01 Briarcliffe Land Dev., LLC Perm & Temp Esmt. P10-0 053 -1 1 Jerry Keith Finch Right -of -way & temp k / Da 0 053 -1 2 Nelson Ocasio Permanent & Temp easmt 4 ,04 053 -1 85 Tasha M. Mohler Right -of -way A ht p 0,0v 053 -1 86 Robert Jones Right -of -way N 4 1 DD, u 053 -1 87 Brantson Holding LLC Right -of -way 1 0 . Ili 053 -1 88 Arlene F. Junco Right -of -way 4'I p , 0 053 -2 106 Devereux Right of way & Temp Esmt 4 L t 00.0 J 1 M Q, ®�` /7i n^ , , 7 w tP� s TOTAL �y i O O . 00 • Bid 12 -159 Belair Road Project Appraisal Services Page 39 of 39