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2022-11-22 Nelson Appraisal-Hollow RoadAPPRAISAL SERVICES AGREEMENT Blair, Nebraska Nelson Appraisal Service Project Location "o 1 I ow Road I m p rove m e n is THIS AGREEMENT is between the City of Blair, Nebraska ("City") and Nelson Appraisal Service ("Consultant"), collectively referred to as the "Parties". WITNESSETH WHEREAS, Blair, Nebraska, is developing a transportation project identified as Hollow Road Improvements, and WHEREAS, City project will involve the acquisition of property rights necessary to construct a highway, road, street, or other transportation facility, and WHEREAS, City is required to use appraisers to perform the following two functions for this project: (1) an appraiser who will complete either a valuation waiver report, a short form appraisal report or a before and after appraisal report ("Valuation Documents") for each of the tracts of land to be affected by the project as well as a general data report ("Project Report") for the project if required to supplement the individual tract valuation reports. WHEREAS, this Agreement is solely to retain an appraiser to complete the Valuation Documents for this project, and WHEREAS, Consultant is a Nebraska licensed real property appraiser, and WHEREAS, Consultant is willing to perform the Appraisal services in accordance with the terms of this Agreement. NOW THEREFORE, in consideration of these facts and mutual promises, the Parties hereto agree as follows: SECTION 1. CONTACT INFORMATION Contact information, for the convenience of the Parties, is as follows: 1.1 Consultant Firm Name Address Appraiser's Name Phone 1.2 City Project Coordinator Name Phone Number Nelson Appraisal Service 710 South 19th Street, Blair, Nebraska 68008 Russ Nelson 402-426-8020 Al Schoemaker 402-426-4191 'SECTION 2. SCOPE OF SERVICES 5.1 Consultant shall provide Appraisal services for Hollow Road Improvements, in Blair, Washington County, Nebraska. The Scope of Services is outlined in Exhibit "A" ("Services"), attached and incorporated herein by this reference. City reserves the unconditional right to add to, subtract from, or alter the Services at anytime, and such action by City of Blair will in no event be deemed a breach of this Agreement. The addition, subtraction, or alteration will become effective seven (7) days after mailing written notice of such addition, subtraction, or alteration. 5.2 SPECIAL CONDITIONS 5.2.1 The Appraiser agrees that they will prepare the valuation reports of the property involved independent of any other Appraiser employed by the Department in the same work and that they will not furnish to any other person or persons, except on proper order of court, a copy of the valuation reports or the information contained therein. The restriction, however, does not imply that the Appraiser may not use information obtained in the completion of the valuation reports in the course of their usual profession. 5.2.2 The valuation reports are agreed to be confidential between the parties hereto, and a breach of such confidence shall be considered material breach of this contract unless the disclosure of the contents of the report shall be in response to a subpoena or other lawful court order. 5.2.3 It is understood and agreed that law, regulations, or economic conditions may subsequently affect the value fixed by the Appraiser in their report and that same is valid only for a reasonable time after submission, 5.2.4 It is agreed that each party hereto will furnish any available information in its possession to the other upon request, if such information be necessary to the terms of this contract. 5.2.5 The Parties agree that the Services under this Agreement must be completed by Consultant, or under Consultant's direct supervision, and may not be sub- contracted or performed by others SECTION 3. FEES AND PAYMENTS 10.1 The Consultant's fee proposal is attached as Exhibit "B" and incorporated herein by this reference. 10.2 The general provisions concerning payment under this agreement are attached as Exhibit "C" and incorporated herein by this reference. 10.3 For performance of the services as described in this agreement, Consultant will be compensated for actual work performed up to a Maximum -Not -To -Exceed amount of 5950.00 in accordance with Exhibit "C". 11.1 Standard of Performance Consultant shall complete the Services under this Agreement exercising the degree of skill, care, and diligence consistent with the applicable professional standards recognized by such profession and observed by national firms performing services of the type provided for in this Agreement. Consultant shall complete the Services exercising good and sound professional judgment and practices. Consultant's Services shall conform to applicable licensing requirements, industry standards, statutes, laws, acts, ordinances, and rules and regulations. 11.2 Quality of Service Consultant shall complete the Services under this Agreement in accordance with good professional practice in the State of the art involved, and that performance shall reflect Consultant's best professional knowledge, skill, and judgment. State's representatives will at all times have access to the work product for purposes of reviewing same and determining that the Services are being performed in accordance with the terms of this Agreement. 15.1 All surveys, maps, studies, reports, computations, charts, plans, specifications, electronic data, shop drawings, diaries, field books, and other documents prepared or obtained under the terms of this Agreement are the property of City of Blair, and Consultant shall deliver them to City of Blair at the conclusion of the project without restriction or limitation as to further use. SECTION 6. CONFLICT OF INTEREST LAWS By signing this agreement, Consultant certifies that Consultant is not aware of any financial or other interest Consultant has that would constitute a conflict of interest under state or federal law. Consultant shall maintain the confidentiality of Consultant's work for this project. Consultant shall not furnish any Valuation Documents or the information contained therein to any other person or entity, except by written permission from the State or upon proper court order. Consultant warrants that it has not employed or retained any company or person, other than a bona fide employee working for Consultant, to solicit or secure this agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this agreement. For breach or violation of this warranty, State has the right to annul this agreement without liability or, in its discretion, to deduct from the agreement price or consideration, or otherwise recover the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. Consultant hereby agrees to comply with all federal, state, and local laws and ordinances applicable to the work in effect at the time of the work. If Consultant is found to have been in violation of any applicable federal, state, or local laws and ordinances, such violation may be the basis for the suspension or termination under this Agreement. SECTION 10. RELATIONSHIP BETWEEN THE PARTIES, INDEMNITY, AND INSURANCE 20.1 Legal Relationship. Contractor is an independent Contractor. This Agreement does not create a partnership, joint venture, employment, or agency relationship between Contractor and State. Contractor represents that it has, or will secure at its own expense, all personnel required to perform the services under this Agreement. The Contractor's employees and other persons engaged in work or services required by the Contractor under the Agreement shall have no contractual relationship with the State; they shall not be considered employees of the City of Blair. Each Party is responsible for its own acts and omissions undertaken in the performance of this Agreement. Neither Party has the right or obligation to supervise or control the acts or omissions of the other Party in the performance of this Agreement. Further, Contractor agrees to keep the premises where its work is being completed under this Agreement in a reasonably safe condition for persons rightfully on the premises. 20.2 Indemnity. Contractor will indemnify, save and hold harmless the State and all of its departments, agents and employees of and from any and all claims, demands, actions or causes of action of whatsoever nature or character (including reasonable attorney's fees) arising out of or by reason of the execution or negligent performance of the work provided for herein by Contractor or its agents and anyone contracting under or for Contractor's obligations hereunder, and further agrees to defend at its own sole cost and expense, any action or proceeding commenced for the purpose of asserting any claim of whatsoever character arising out of or as a result of work performed by Contractor or its agent, or anyone contracting with Contractor for such work hereunder. 20.3 Insurance. Contractor shall not commence work until all insurance required under this Agreement has been obtained. Further, Contractor shall, in any subcontract it has with a subcontractor, require that such subcontractor meet the insurance requirements of this Agreement. Contractor will be solely responsible for confirming that the applicable insurance has been obtained by Contractor and by any subcontractor. State shall have the right, but not the duty, to request evidence of the insurance coverage of Contractor or of any lower tier subcontractor. Required Insurance. Contractor shall obtain and keep in full force and effect throughout the duration of this Agreement, all insurance required by all applicable state, federal and local laws, rules and regulations. Workers Compensation Insurance. The Contractor shall take out and maintain during the life of this contract the statutory Workers' Compensation and Employer's Liability Insurance for all of the Contractors' employees to be engaged in work on the project under this contract and, in case any such work is sublet, the Contractor shall require the Subcontractor similarly to provide Worker's Compensation and Employer's Liability Insurance for all of the Subcontractor's employees to be engaged in such work. This policy shall be written to meet the statutory requirements for the state in which the work is to be performed, including Occupational Disease. This policy shall include a waiver of subrogation in favor of the State. The amounts of such insurance shall not be less than the limits stated below: WORKERS' COMPENSATION AND EMPLOYER'S LIABILITY Coverage A Coverage B Bodily Injury by Accident Bodily Injury by Disease Bodily Injury by Disease Statutory $100,000 each accident $500,000 policy limit $100,000 each employee SECTION 11 . SUCCESSORS AND ASSIGNS This agreement is binding on successors and assigns of either party. SECTION 12, DRUG-FREE WORKPLACE POLICY Consultant shall have an acceptable and current drug-free workplace policy on file with State. Consultant agrees to abide by the Nebraska Fair Employment Practices Act, as provided by Neb.Rev.Stat. 48-1101 through 48-1126. Consultant agrees to comply with the Americans with Disabilities Act of 1990 (P.L. 101-366), as implemented by 28 CFR 35. SECTION 15. SUBLETTING, ASSIGNMENT, OR TRANSFER Any subletting, assignment, or transfer of any professional services to be performed by Consultant is hereby prohibited unless prior written consent of State is obtained, and failure to comply with this provision will be grounds for termination of this Agreement. SECTION 16. CONSULTANT CERTIFICATIONS The undersigned duly authorized representative of Consultant, by signing this agreement, hereby swears, under the penalty of law, to the best of my knowledge and belief, the truth of the following certifications, and agrees as follows: 29.1 Certification Regarding Debarment. Suspension. and Other Responsibility Matters - Primary Covered Transactions. Section 29.3a below contains 10 instructions that consultant agrees to follow in making the certifications contained in 29.3b. a. Instructions for Certification 1. By signing this agreement, Consultant is providing the certification set out below. 2. The inability of a person to provide the certification required below will not necessarily result in denial of participation in this project. Consultant shall submit an explanation of why it cannot provide the certification set out below. The certification or explanation will be considered in connection with City of Blair's determination whether to enter into this agreement. However, failure of Consultant to furnish a certification or an explanation will disqualify Consultant from participation in this agreement. 3. The certification in this clause is a material representation of fact upon which reliance was placed when State determined to enter into this agreement. If it is later determined that Consultant knowingly rendered an erroneous certification, in addition to other remedies available to the Federal government, City of Blair may terminate this agreement for cause or default. 4. Consultant shall provide immediate written notice to City of Blair if at any time Consultant learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances. 5. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of the rules implementing Executive Order 12549- Debarment and suspension. Exec. Order No. 12,549, 51 Fed. Reg. 6370 (1986). 6. Consultant agrees that should the proposed covered transaction be entered into, it will not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by City of Blair before entering into this agreement. 7. Consultant further agrees to include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion - Lower Tier Covered Transaction," provided by State without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions. 8. Consultant in a covered transaction may rely upon a certification of a prospective Subconsultant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous. A Consultant may decide the method and frequency by which it determines the eligibility of its principals. 9. Nothing contained in the foregoing will be construed to require establishment of a system of records to render in good faith the certification required by this clause. The knowledge and information of Consultant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings. 10. Except for transactions authorized under paragraph 6. of these instructions, if Consultant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the federal government, City of Blair may terminate this agreement for cause or default. b. Certification Regarding Debarment, Suspension, and Other Responsibility Matters - Primary Covered Transactions 1. By signing this agreement, Consultant certifies to the best of its knowledge and belief, that it and its principals: a) Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; b) Have not within a three-year period preceding this agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statutes or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; c) Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph a.(ii) above; and d) Have not within a three-year period preceding this agreement had one or more public transactions (federal, state, or local) terminated for cause or default. 2. Where Consultant is unable to certify to any of the statements in this certification, such Consultant shall attach an explanation to this agreement. SECTION 17. ENTIRE AGREEMENT This instrument embodies the entire agreement of the Parties. There are no promises, terms, conditions, or obligations other than contained herein, and this agreement supersedes all previous communications, representations, or other agreements or contracts, either oral or written hereto. IN WITNESS WHEREOF, the Parties hereby execute this agreement pursuant to lawful authority as of the date signed by each party. Further, the Parties, by signing this agreement, attest and affirm the truth of each and every certification and representation set out herein. EXECUTED by the Consultant this day of e(-,C✓n✓l , 22 CONSULTANT Nelson Appraisal Service 4� Consultant Signatory Title City of Blair Mayor Exhibit "B" Date:Z— Firm: /V e(5,oN A 95�,/ JF'�2l/f Cz Firm Address: C) IUP�a�iS�C�J'— Agent Name:5� Project Name: Hollow Road Improvements Tax Lot Number Fee for Appraisal 227 $ 4a 5 72 $ L/J ti 233 $ <C 2 ' 234 $ Zj L 173 $ `L -5- 56 56 $ </ Z -5- 242 $ �qz x- 241 $ !YZ -5- 224 $ q?'� 226 $ 42, T 163 $ /2, 5' 158 $ 4/Z5 162 $ cP 2,5' 115 $ 1/2 Your proposal for this project should include the following and should be entered on Appendix B: a. Your fee for the appraisal for each property. b. The date you expect to be able to start and complete the requested services C. Each appraisal shall be a compensation report. Please submit your proposal to this office on or before November 11 2022. Start Date: (' Z, 2 - Completion Date ( 2- 'Y O 2--2– If --2`" If additional information is necessary or desirable, please contact Allen Schoemaker at 402-426-4191. ,As Ins rLActec4 by +ke 64y or C1a.fr, a vakIta-1--i'o13 o F IGS- e--001