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)
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Agent Name:5�
Project Name: Hollow Road Improvements
Tax Lot Number
Fee for Appraisal
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$ L/J ti
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$ q?'�
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$ 42, T
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$ /2, 5'
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$ 4/Z5
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$ cP 2,5'
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$ 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–
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If additional information is necessary or desirable, please contact Allen Schoemaker at 402-426-4191.
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