HomeMy WebLinkAboutR-2025-011 Agreement for Appraisal Services with James E Summers, LLC RESOLUTION NO. R-2025-011
A RESOLUTION APPROVING AN AGREEMENT FOR APPRAISAL SERVICES
WITH JAMES E. SUMMERS, LLC.
WHEREAS, the City of Riverside, Missouri, (the"City") desires to retain the services of
an appraisal firm; and
WHEREAS, the City issued a Request for Proposal for Review Appraisal Services; and
WHEREAS, the City received five (5) Proposals in response; and
WHEREAS, James E. Summers, LLC, ("Summers"), submitted a Proposal; and
WHEREAS, the Capital Projects and Parks Manager reviewed the proposals and
determined that Summers was qualified; and
WHEREAS, the staff recommends to the Board the passage and approval of this
resolution approving the Agreement with Summers.
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ALDERMEN OF
THE CITY OF RIVERSIDE, MISSOURI,AS FOLLOWS:
THAT the Board of Aldermen approves the Agreement for Appraisal Services, attached
hereto in their substantial form, with James E. Summers, LLC; the Mayor is authorized to sign
the agreement on behalf of the City.
FURTHER THAT the Mayor, the City Administrator, and other appropriate City
officials are hereby authorized to take any and all actions as may be deemed necessary or
convenient to carry out and comply with the intent of this Resolution and to execute and deliver
for and on behalf of the City all certificates, instruments, agreements, and other documents, as
may be necessary or convenient to perform all matters herein authorized.
PASSED AND ADOPTED by the Board of Aldermen of the City of Riverside, Missouri, the
4th day of February 2025.
" ; athleen L. Rose, Mayor
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ATTEST.
Robin Kirica: City-Clerk
AGREEMENT FOR REVIEW APPRAISAL SERVICES
THIS AGREEMENT is entered into as of the 4th day of February, 2025 (the
"Effective Date"), by and between James E. Summers, LLC, having an office at 6111 Main
Street, Kansas City, MO 64113 (the "Consultant") and the City of Riverside, Missouri, a
Missouri municipal corporation (the"City").
WHEREAS, the City desires to engage the Consultant to provide review appraisal
services to the City as more fully described in Exhibit A, entitled "Project Services" attached
hereto and incorporated herein by reference.
NOW, THEREFORE, in consideration of the promises and mutual covenants between
the parties and for other good and valuable consideration the receipt of which is acknowledged
by the parties,they agree as follows.
1. Term of Agreement.
This non-exclusive Agreement shall begin as of the Effective Date and shall continue until
terminated as provided herein.
2. Scope of Services.
A. General. The Consultant shall provide the Project Services described in Exhibit A. The
Consultant is solely responsible for payment of wages, salaries, fringe benefits and other
compensation of, or claimed by, the Consultant's personnel in the performance of the Project
Services, including, without limitation, contributions to any employee benefit plans and all
payroll taxes.
3. Compensation and Invoices.
A. The City will pay all proper invoices within thirty (30) days of receipt consistent with the
compensation schedule contained in Exhibit A. The following establishes the invoice procedure:
1. All invoices shall contain a narrative entry sufficient to describe the work or task
performed and an indication of the person and job classification who performed
the work.
2. All expenses, including copying, mileage, and out-of-pocket are required to
complete the review appraisal work shall be included in the cost per tract fee.
B. The City shall have the right to withhold payment to Consultant for any work not
completed in a satisfactory manner until such time as Consultant modifies such work to the
satisfaction of the City.
4. The City's Responsibilities.
The City shall give prompt notice to the Consultant of any matters of which the City becomes
aware that may affect the Project Services of the Consultant. The City shall cooperate with the
Consultant in performing the Project Services by making available at reasonable times and
places relevant City documents and pertinent City officers and employees to advise, assist,
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consult and direct the Consultant. The City shall examine documents submitted by the
Consultant and render decisions promptly as may be required.
5. Insurance.
A. General Provisions. Consultant shall file (by the Effective Date) with the City evidence
of liability insurance that is consistent with the amounts set forth below.
B. Limits and Coverage.
1. A policy of insurance for Commercial General Liability Coverage shall be
provided in the aggregate amount of not less than $2,000,000 for all claims and
$1,000,000 per occurrence. A policy of insurance for Automobile Liability
Coverage shall also be provided in the amount of not less than $1,000,000 on a
combined single limit. The City shall be listed as an additional insured as respects
both policies. Neither policy shall not be cancelled, or materially modified so as
to be out of compliance with the requirements of this section, or not renewed
without thirty (30) days advance written notice of such event being given to the
City.
2. The Consultant hereby indemnifies the City for any damage resulting to it from
failure of the Consultant to obtain and maintain Worker's Compensation
insurance.
6. Termination.
Any party may terminate this Agreement at any time, with or without cause, by giving thirty (30)
days' notice to the other party in writing. In the event of termination, all finished or unfinished
reports, or other material prepared by the Consultant pursuant to this Agreement, shall be
provided to the City. Upon termination the City shall pay Consultant for all services rendered
and costs incurred up through the termination date for any satisfactory work completed on the
project prior to the date of termination.
7. Relationship of Parties.
It is the intent of the parties that the Consultant shall be an independent contractor in its capacity
hereunder. Nothing herein shall be construed to create an employer-employee relationship. All
services performed pursuant to this Agreement shall be performed by the Consultant as an
independent contractor. The Consultant shall not have the power to bind or obligate the City
except as set forth in this Agreement or as otherwise approved by the City in writing.
8. Notices.
Any notice, approval or other communication between the City and the Consultant pursuant to
this Agreement shall be made in writing and shall be deemed to be effective upon receipt or
refusal of service and may be given by personal delivery, courier, reliable overnight delivery or
deposit in the United States mail, postage prepaid, registered or certified, return receipt
requested, to the address specified below or to such other address as may later be designated by
written notice of the other party:
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The City: Consultant:
City of Riverside James E. Summers, LLC
Attn: Noel Bennion Attn: James E. Summers
2950 NW Vivion Road 6111 Main Street
Riverside, Missouri 64150 Kansas City, MO 64113
nbennion@riversidemo.gov sumplace@aol.com
Nothing contained in this section shall be construed to restrict the transmission of routine
communications between representatives of the City and the Consultant.
9. Disputes.
In the event of a dispute between the City and the Consultant arising out of or related to this
Agreement, the aggrieved party shall notify the other parties of the dispute within a reasonable
time after such dispute arises in an effort to resolve the dispute by direct negotiation or
mediation. During the pending of any dispute, the parties shall continue diligently to fulfill their
respective obligations hereunder.
10. Waiver.
A waiver by any party of any breach of this Agreement by any other party shall only be in
writing. Such a waiver shall not affect the waiving parry's rights with respect to any other or
further breach or the same kind of breach on another occasion.
11. Severability.
The invalidity, illegality, or unenforceability of any provision of this Agreement or the
occurrence of any event rendering any portion or provision of this Agreement void shall in no
way affect the validity or enforceability of any other portion or provision of this Agreement.
Any invalid, illegal or unenforceable provision shall be deemed severed from this Agreement,
and the balance of this Agreement shall be construed and enforced as if it did not contain the
particular portion or provision held to be invalid, illegal or unenforceable. The parties further
agree to amend this Agreement to replace any stricken provision with a valid, legal and
enforceable provision that comes as close as possible to the intent of the stricken provision. The
provisions of this Section shall not prevent this entire Agreement from being invalidated should a
provision which is of the essence of this Agreement be determined to be invalid, illegal or
unenforceable.
12. Entire Agreement; Governing Law.
This Agreement constitutes the entire and integrated agreement between the parties with respect
to the subject matter hereof and supersedes all prior and contemporaneous agreements and
negotiations with respect thereto. This Agreement may be amended only by a written instrument
signed by all parties. This Agreement shall be governed by the laws of the State of Missouri. In
the event this Agreement is litigated, venue shall be proper only in the Circuit Court of Platte
County, Missouri.
13. Counterparts.
This Agreement may be executed in separate counterparts.
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14. Assignment.
Neither the City nor the Consultant shall assign any rights or duties under this Agreement
without the prior written consent of the other party, which consent may be granted or withheld in
such other party's absolute discretion. Nothing contained in this Section shall prevent the
Consultant from engaging independent consultants, associates, and subcontractors to assist in
performance of the Project Services, provided however, in the event Consultant employs
independent consultants, associates, and subcontractors to assist in performing the Project
Services, Consultant shall be solely responsible for the negligent performance of the independent
consultants, associates, and subcontractors so employed. Each party binds itself and its
successors and assigns to all provisions of this Agreement.
15. No Third Party Rights.
The provisions of this Agreement shall not be deemed to create any third party benefit hereunder
for any member of the public or to authorize any one, not a party hereto, to maintain suit
pursuant to the terms of this Agreement.
16. Good Faith Efforts and Cooperation.
The parties agree to use good faith efforts in a professional manner in the performance of their
services and covenants in this Agreement and to cooperate at all times and coordinate their
activities as necessary during the Term of this Agreement to assist in performance of the Project
Services and to ensure performance of the Project Services in an efficient and timely manner.
17. Authority.
Each party represents to the other parties that it has the power and authority to enter into this
Agreement and that the person(s) executing it on its behalf has the power to do so and to bind it
to the terms of this Agreement. The Consultant represents that it has taken all action necessary or
appropriate to authorize it to execute, deliver and perform this Agreement and to cause it to be
binding upon the Consultant.
18. Covenant Against Contingent Fees.
The Consultant warrants that the Consultant has not employed or retained any company or person,
other than a bona fide employee working for the Consultant,to solicit or secure this Agreement, and
that Consultant has not paid or agreed to pay any company or person, other than a bona fide
employee, 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, the City shall have the right to annul this Agreement without liability or, at its
discretion, to deduct from the contract price or consideration, or otherwise recover, the full amount
of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
20. Ownership of Documents.
Payment by City to Consultant as provided herein shall vest in City title to all review appraisal
reports, studies, analyses, and other paper, documents, computer files, and material produced by
Consultant exclusively for the Project Services performed pursuant to this Agreement up to the time
of such payments, and the right to use the same without other or further compensation, provided that
any use for another purpose shall be without liability to the Consultant. Upon completion of the
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Project Services, Consultant shall deliver to City possession of all records pertaining to the Project
Services.
21. Compliance with Laws.
Consultant shall comply with all federal, state, and local laws, ordinances, and regulations
applicable to the Project Services. Consultant shall secure all licenses, permits, etc. from public and
private sources necessary for the fulfillment of its obligations under this Agreement.
22. Consultant's Endorsement.
Consultant shall endorse as necessary all review appraisal reports furnished by it.
23. Indemnification and Hold Harmless.
Consultant shall indemnify and hold harmless City and its officers, employees, elected or
appointed officials, and attorneys, each in their official and individual capacities, from and
against judgments, damages, losses, expenses, including reasonable attorneys' fees, to the extent
caused by the negligent acts, errors, omissions, or willful misconduct of Consultant, or its
employees, or subcontractors, in the performance of Consultant's duties under this Agreement, or
any supplements or amendments thereto.
24. Professional Responsibility.
Consultant will exercise reasonable skill, care, and diligence in the performance of its services in
accordance with customarily accepted professional appraisal practices. If Consultant fails to meet
the foregoing standard, Consultant will perform at its own cost, and without reimbursement from
City,the professional appraisal services necessary to correct errors and omissions that are caused by
Consultant's failure to comply with above standard.
25. Tax Exempt.
City and its agencies are exempt from State and local sales taxes. Sites of all transactions
derived from this Agreement shall be deemed to have been accomplished within the State of
Missouri.
26. Safety.
In the performance of the Project Services, Consultant shall comply with the applicable
provisions of the Federal Occupational Safety and Health Act, as well as any pertinent federal,
state and/or local safety or environmental codes.
27. Anti-Discrimination Clause.
Consultant and its agents, employees, or subcontractors shall not in any way, directly or
indirectly, discriminate against any person because of age, race, color, handicap, sex, national
origin, or religious creed.
28. Force Majeure.
Neither party will be liable for inadequate performance to the extent caused by a condition (for
example, natural disaster, act of terrorism, riot, labor condition) that was beyond the party's
reasonable control.
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IN WITNESS WHEREOF, the Consultant and the City have executed this Agreement as of the
Effective Date.
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DAMES Ea SUMMERS,LLC: CITY OF RIVERSIDE,MISSOURI:
By: By: -
Name: James E. Summers Name:Kathleen L.Rose
Title: Proprietor Title: Mayor
Dated: January 28, 2025 Dated: February 4, 2025
ATTEST:
Robin Kincaid, City Clerk
By:
Name: Brian Koral
Title: City Administrator
Dated: February 5, 2025
WORK AUTHORIZATION AFFIDAVIT PURSUANT TO 285.530,RSMo
STATE OF MISSOURI )
)ss.
COUNTY OF MISSOLx1 )
TCIGG5Or1
BEFORE ME, the undersigned authority,personally appeared JCtivtelLitierin,4who,
being duly sworn, states on his oath or affirmation as follows:
I.My name is jf ivies 6 5dta*•pi.e,e S and I am currently the P<op<ae f •' of
Sioromneel, L.t c. (hereinafter"Contractor"),
whose business address is ,and I
am authorized to make this Affidavit.
2.I am of sound mind and capable of making this Affidavit,and am personally acquainted with
the facts stated herein.
3. Consultant is enrolled in and participates in a federal work authorization program with respect
to the employees working in connection with the provision of Appraisal Services.
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4. Consultant does not knowingly employ any person who is an unauthorized alien in connection
with the contracted services set forth above.
/4.4-1,4,s��Gcrnirkr5
Affiant
J(me s .. SktrAorter$
Printed Name
Subscribed and sworn to before me this 23r' day of 3Qc-u r j ,2025.
Otary Public HANNAH KATHERINE-ANN WORTHAM
Notary Public-Notary Seal
STATE OF MISSOURI
Lafayette County
My Commission Expires 10/06/2026
Commission#22963451
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EXHIBIT A
Project Services
Scope of Services for
Riverway Boulevard Improvements STBG3400(446)—Review Appraisal Services
BASED ON A 20 DAY COMPLETION PERIOD:
**anticipated notice to proceed is February 5`h, 2025.
TYPE OF APPRAISAL: Fee Simple Acquisition of Partial Taking, Self-Contained
Number of copies: 2 hard copies and 1 digital copy
The City of Riverside, Missouri invites you to submit cost proposals for Review Appraisal
services (partial takings including Temporary Construction Easements & Right-of-Way)
on the tracts shown on the attached spreadsheet and exhibits.
REVIEW APPRAISAL-
COST PER TRACT $ 475.00
One Appraisal value for all tracts as combined (TOTAL BID): $ 5,700.00—
CONDEMNATION APPEARANCES:
Pretrial Conference: (per hour) $ 200.00
Pretrial Conference: (per one-half day) $ 800.00
Expert Witness: (per one-half day or portion thereof) $ 800.00
Expert Witness: (per one full day) $ 1,600.00
REAPPRAISAL COST:
(Because of unknown factors at time of original appraisal)
Per Hour $ 200.00
Not to exceed $ 500 per parcel
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