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HomeMy WebLinkAbout17-215 - Samdal & Associates - Public Safety Plan: Property Condition AssessmentCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-215(c) Council APprOVal NIA CONTRACT FOR SERVICES Amendment #3 Between the City of Tukwila and Samdal & Associates That portion of Contract No. 17-215 between the City of Tukwila and Samdal & Associates is hereby amended as follows: 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2019, unless sooner terminated under the provisions hereinafter specified. The consultant shall perform all services and provide all work product required pursuant to this Agreement no later than December 31, 2019, unless an extension of such time is granted in writing by the City. The duration of the contract is now through December 31, 2019, unless modified by supplemental agreement. All other provisions of the contract shall remain in full force and effect. Dated this CITY OF TUKWILA Ekberg, Mayor day of ATTEST/AUTHENTICATED Chi] O'Fla erty, MMC, City Clerk',/ CA Revised December 2016 CONTRACTOR APPROVED AS TO FORM ffice of the City Attorney / • Page 1 of 1 17-215�� �~�t»^ � Agreement Number: `-' �~"�� ��x �8���W����� Council Approval N/A 82OOSouthcenterBoulevard, Tukwila VVA08188 CONTRACT FOR SERVICES Amendment #2 Between the City of Tukwila and Samdal & Associates That portion of CDDt[8{t No. 17-215 between the City of Tukwila and SaD0d8l & Associates ighereby amended 8Sfollows: 1. Proiect Desiqnation. The Consultant is retained by the City to perform Property Condition Assessments survey services for three selected parcels and buildings on properties identified for afuture Public Works facility, the City'nexisting Fire Station 54 in connection with the project titled Tukwila Public Safety Plan. In addihnn, the consultant will perform a property condition assessment for the property located at12O2O42ndAvenue South. 2. Scope of Services. The Consultant agrees to perform the sen/ioea, identified on Exhibits ''A''. "B'". ''C". "D" and ''E" attached hereto, including the provision of all |abnr, nnebaria|s, equipment and supplies. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement asfollows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits "A". "B". "C". ''[>" and ''E" attached hermto, provided that the total amount ofpayment tothe Consu|tantshoUnotexceed$12.5OO.00(inc|udingestinnatedexpensoa)vvithout express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this / // day Of CITY OF TUKWILA 8 � �� ,2O /u/ CONTRACTOR JEFF SAMDAL &ASSOCIATES Property Condition Assessment Professional Services Proposal Fire Station 53 12026 - 42'd Avenue South, Tukwila, WA 98168 For: City of Tukwila c/o Hari Ponnekanti Deputy Public Works Director 6200 Southcenter Blvd Tukwila, WA 98188 Prepared By: Jeff Samdal, PE, RS, PRA Principal je fr0 am cla lassoc. corn (206) 412-4305 Date Prepared: October 11, 2018 Valid Through: January 11, 2019 JeffSaindal & Associates, Inc. Woodinville, WA www.saindalassoc.com P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal fbr Fire Station 53 dated October 11, 2018 JEFF SAMDAL ASSOC I AT ES TABLE OF CONTENTS TABLE OF CONTENTS 2 INTRODUCTION 3 PROPOSED SERVICES / SCOPE OF WORK 4 QUALIFICATIONS 6 PROJECT FEE 7 STANDARD TERMS AND CONDITIONS 8 * * * How to Accept This Proposal * * * 12 AGREEMENT FOR PROFESSIONAL SERVICES 13 PROPERTY INPUT SHEET 1 4 REQUEST FOR ADDITIONAL INFORMATION 15 Page 2 of I 51 Jeff Samdal & Associates, Ine.1www.samdalassoc.com P: (206)412-43051F: (425) 825-9090 Professional rropeitrc"nd.^onAssessment propos'au"Fire Station 53dated October o.mm JEr*5xwowL ^,xssoc/xru INTRODUCTION Jeff Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to City of Tukwila. These services will be performed at City of Tukwila Fire Station 53, located at: 12026 - 4211 Avenue South, Tukwila, WA 98168. This proposal is based on our understanding of the property and the desires of you, the Client. This understanding comes from our correspondence with Hari Ponnekanti on October l[\ZUl8and King County Records. The purpose of this study is to provide a PCA that meets or exceeds standard requirements defined by American Society for Testing and Materials (ASTN1)Standard E2Ol8-0Q. VVerecommend that you refer tothat documentfurmoreinformation.http://www.astm.nrO,andsearchhzrPCA. Jeff Samda| & Associates, Inc. is an inspection and engineering company licensed in the State of Washington that provides high quality inspections and engineering services to property owners and property purchasers. Jeff Samda|,P.E.isthe owner and operator of the company and will bethe Project Manager onthis Project. The following proposal is intended to provide you with knowledge about our company, our approach, our proposed services and deliverables. We believe that we are the best choice to provide these services based on: � Significant experience asacompany evaluating properties ofall varieties. � Jeff Samdal, PE is the Project Manager selected to evaluate your property. He is expertly qualified, rivaling the most experienced and best creclentialed in the industry; including: o Professional Engineer (PE) in both Mechanical Engineering and Civil Engineering Washington State o Building Inspection Engineer (BIE) / National Association of Building Inspection Engineers (NAB|E) o Structural Pest Inspector (6P|)/Washington State o Reserve Specialist (RS)/Community Association Institute (CA() o Professional Reserve Analyst (PRA) / Association of Professional Reserve Analysts o BSMechanical Engineering / University ufWashington Page zau1 Jeno="dalaAssociates, Inc. | www.sarndalassoc.com |p(2o6)wz-4m/|pwznx25-9om pmo"s°na/*opc^Condition Assessment Proposal For Fire Station 53 dated October 't.mm PROPOSED SERVICES/SCOPE OF WORK 0M JE*raAwoAL x^xeooAFcs PROPERTY DESCRIPTION The property consists of one 1,200squane font building consisting of fire station. As we understand, the building was originally constructed in193O. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phose/—hgonnotionGathering Our initial task will beinformation gathering. VVewill need tnspeak with a representative of the owner(s) and/or the building manager to gain a sense of the general status of the property. Please provide copies ofany qfthe following documents that are available: ° Drawings ofthe property ° Maintenance records * Capital maintenance invoices • Previous reports on the property = Any other information regarding existing or on -going problems with the property Phase 11—On-site Inspection and Analysis. Fol I owing the initial correspondence regarding the property,we will perform a complete inspection of the property to provide our opinion of the current condition of the building components. This is a visual inspection and no invasive or destructive testing will be performed unless otherwise agreed to. We will also provide our opinion of the anticipated capital expenditures that will likely benecessary over the next l2years. Our inspection of the property will include a visual inspection of the following components: ° Parking Lot and Site Features ° Site Drainage invicinity ofthe structure(s) ° Structure * Roof(s) • Exterior • Electrical Systems ° Plumbing Systems • HVA[5ystems w Fire Detection and Suppression • Elevator(s) We will operate accessible mechanical systems that can normally and easily be operated without specific training. |fthere isadesire byour client tntest special systems, than *ewill require aqualified operator nf such systems. This will likely need to be supplied by the current building owner. Any mechanical system that was not operated during our inspection will benoted inour report. Additional Expertise To aid in the assessment of complex systems, we often utilize sub -contractors such as structural engineer(s), electrical engineer(s), and HVAC technician(s). The degree to which we utilize sub -contractors will depend on the size and complexity of each system, and as deemed appropriate by Jeff Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page ofo1 Jeus""da/»Associates, Inc, I I m6412430|,wz*m5-omo Professional Property Condition Assessment Proposal for Fire s*tion 5zdated October u.mw fu JEFrSxwmxL �'�^ssvo^re^ 1Z-YearCapital Expenditures Planning VVeconsider anticipated capital needs tobemajor expenses that can bereasonably predicted. Anticipated capital needs are not considered routine maintenance such as routine landscaping or touch-up paint; routine maintenance should be taken care of through an operating budget. Nor do we consider anticipated capital needs tobeexpenditures that result from anaccident oranunpredictable event, such asflood damage nr earthquake damage; these items should bepaid for byinsurance. Phase I//— Property Condition Report: We will provide the client with a Property Condition Report that: l. identifies and describes the major components cfthe property. Z. Lists the items ofimmediate repair/replacement andprovdesarouOhonderofmagnitudeofthe costs required. l Forecasts the anticipated schedule of capital expenditures of the property over the next 12 years and provides arough order nfmagnitude inIOlOdollars nf the costs required. VVewill create two official bound reports that will bemailed ordelivered tothe requested address. An electronic copy will also be sent for your convenience and future use. Additional copies requested (beyond 2) will becharged anadditional fee (see Standard Terms and Conditions). PROJECT SCHEDULE We will coordinate with our designated contact person at the beginning of the project for a more defined timeline; including gathering appropriate information and arranging an on -site property inspection that includes gaining access toall appropriate areas ofthe property. Start Dote We will consider the start date of this project the day that we have received (1) a completed Agreement for Professional 5epvimes,(Z)PnojetRet iner,and(3)any5uppnrdnQDucurnentadnnprovdin8 information about the property. Phase I — Information Gathering: In most instances we are able to meet with the appropriate property representative to begin information gathering within two weeks of the start date. FhuseK—On-s/te Inspection and Analysis: The on -site inspection ismost often scheduled for the same day as the meeting with the property representative. In instances where this is not practical, we are typically available within one week ofthe meeting with the property representative. Phase /I/— Completed Report: After we have received all pertinent information and we have completed the on -site inspection, we will present a completed Property Condition Report within one week. We understand the time sensitivity of real estate transactions and we make every effort to provide our clients with ocompleted report with the shortest turnaround time that wecan. Ifthere boparticular time sensitivity that requires a quicker turnaround than we have described above, please let unknow and wewill doall wecan toaccommodate your needs. Professional Property Condition x=essinemnopwuoxFire Station 53 dated October //.m/o JEnmwomL 11,4assoc/x1u QUALIFICATIONS ABOUT JEFFSAKVI0AL0i ASSOCIATES, |NC.US&8\ ]S&Aisa professional building inspection and engineering company based inWoodinville that provides high quality building inspections, financial analyses, project management solutions, and related services to property owners and purchasers from the perspective ofProfessional Engineers, Reserve Specialists, and real estate enthusiasts. Our philosophy bsimple: Be the very best at what wedo. Wefocus on quality, not quantity, and each property — with its unique set o//ootums—is treated uoif itwere our own. VVeform strategic partnerships with owners and property managers that are meant tnlast. A8OWTJEFF SAK8DAL Jeff SamdaLPE, IRS, PRA is the Owner of the company and is the proposed Project Manager for these services. As the company's founder and primary building inspector, Jeff consistently earns accolades because of his attention to detail, practical approach, knowledge of the industry, and genuine appreciation for clients' concerns for their real estate investments. He has performed over 2,000 building inspections, reserve studies, and related services over the last five years for building owners, homeowners, associations, government agencies, lenders, insurers, and more. His credentials rank amongst the best inthe industry, and include: • Dual Licensed Professional Engineer (PE) Civil & Mechanical, Washington State • Accredited Reserve Specialist (RS) Community Associations Institute (QU) • Professional Reserve Analyst (PKA) Association of Professional Reserve Analysts (APRA) • Building Inspection Engineer(B|E) National Academy nfBuilding Inspection En8inee,s(NAB|E) ° Structural Pest Inspector (SP|) Washington State • Licensed Home Inspector Washington State Jeff has been owner and operator nfJeff Samdal & Associates / 5amda| Engineering since 2005. Before concentrating on building inspections, Jeff worked for a large engineering firm in their Hydropower and Water Resources Group. He was involved in rebuilding and rehabilitating hydro facilities, and served as the on -site powerhouse and switchyard inspector during construction. Duties included design, drawing and specification preparation, cost estimating, scheduling, and construction management. Page oofn1msSaindalmAssociates, /=| www.sartidalassoc,com |'(206)^2-4a»1 F: (42*825-9090 Professional Property Condition Assessment Proposal for Fire Station 53 dated October 1 1, 2018 PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $2,200 PAYMENT SCHEDULE Project Retainer: No Retainer ,1,0"Al',1;1111, 'r Luill JEFF SAMDAL & AS IA 1 ES Due up front. The project retainer must be received along with a completed and signed Agreement for Professional Services before work can begin. Project Balance: $2,200 Balance due following submittal of report for Client review. The terms of payment are subject to our Standard Terms and Conditions. Page 7 of 151R:41-San-Ida! & Associates, Inc.1www.salndalassoc.comIP: (206)412-43051 F: (425) 825-9090 Professional rro=v Condition Assessment nnposalfor Fire Station 53dated October //.m/v STANDARD TERMS AND CONDITIONS 10% JEpraxmcmL +~As`oc/Aze 1l]SERVICE STANDARDS Jeff Samdal & Associates (JSA) is dedicated to providing City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by JSA under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same |ocv|e.]SA makes no warranty, express or implied, in connection with services performed or furnished. JSA may use or rely upon the services of others, including, but not limited to, sub -contractors, sub -consultants, manufacturers, and distributors. Client recognizes that interpretations and recommendations of JSA are based solely on the information available to ]SA. ]SA will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. 2J0FEES AND EXPENSES All consulting services performed will be billed in accordance with the fee schedule listed below plus necessary out ofpocket costs. Inspections and other services that are bid otopredetermined lump sum fee have been bid with the following hourly rate schedule oothe basis for each proposal. Current hourly rates are as follows: Principal Engineering $135/hr Project Management $135/hr Staff Engineering $105/hr Drafting $ 85/hr Administrative $ 65/hr All mileage driven in conjunction with this Project will be billed at the current Federal mileage rate. All equipment rentals necessary for the job will be charged directly to the Client at cost plus 10 percent. Out-of- pocket costs such as printing, word processing, reproduction, special consultant fees, permits, special equipment, extraordinary insurance, fares, telephone, overnight lodging ormeals expense, and other similar Project -related costs are billed atcost plus lOpercent. 3.00ERMS OF PAYMENT' ]SArequires aretainer fee tnbepaid prior tocommencing any work onaProject. Extended engagements may require interim invoicing on a monthly basis or other pre -determined and agreed upon schedule. We will issue a final invoice at the same time that we issue a completed report and/or at the conclusion of our service on the Project. Payment of each invoice is due upon delivery of invoice' unless credit terms have been established and are included in our Project Agreement. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because cfoverdue payments, the time for contract completion, ifany is stated, shall beextended bythe period ofthe suspension. Page :ofni*sxm"da/&Associates, Inc. I www.saindalassoc.corn 1e(206)4 12-43051r(425)825-9090 Professional Property Condition Assessment Proposal for Fire Station s/dated October u.mm 1cFFsAwn^L &assuc/xro All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance charge in the amount of 1% percent per month from the date of invoice, with the annual percentage rate being 18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary (in the opinion of]SA) to initiate collection procedures' the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by JSA and all court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the "Terms of Payment" must be specified in writing as part of the Project Agreement. 4.0 GENERAL LIABILITY INSURANCE JSA represents and warrants that it is protected by General Liability Insurance and has such coverage that JSA deems adequate. Certificates of General Liability Insurance shall be provided tothe Client upon request in writing. JSA shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed byit. 5.00M[TS OF LIABILITY Tothe fullest extern permitted by |av,]SA and Client waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and sub -consultants, any and all claims for orentitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. ]SYs total liability to Client under this agreement shall be limited to $I5,000 or the total amount of compensation received by]SA, whichever is greater, by reason ofany act or omission, including breach of contract ornegligence. 6.0 INDEMNIFICATION BY OTHERS JSA will note all observations that are visible on the clate(s) of the investigation pertaining to the scope of work. We will perform all tasks and prepare documentation for the exclusive use of the Client. JlA does not intend any other individual or party to rely upon our work products without our express written consent. If another individual or party relies on the work products that we provide, they shall indemnify and hold JSA harmless for any damages, losses, o,expenses they may incur asaresult nfthe use ofthese work products. 7.0 OWNERSHIP OF DOCUMENTS All reports, design documents, calculations, estimates and other documents prepared by JSA are instrumentscf service, and ]SAretains ownership and property interest, including the copyright and right ofreuse in such documents, whether or not the Project is completed. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used byClient for any purpose whatsoever. ]5AwiU retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. Professional *n**Condition Assessment aop=u"Fire Station odated October //.mm JEFF mmo*/ x^^sSoc/xrcS 0.DCOPIES 0F DOCUMENTS ]Sx agrees to provide two hand copies of the final report, including all other final deliverables relating to the services performed. Additional copies may be provided upon request for a fee of $20 each at JSA's discretion. Any electronic copies that may be provided to Client are solely for the convenience of the Client and are not to be considered the final work product. ]SA will provide n final report on its letterhead or in the event that the Client declines such ocopy, shall retain acopy ofthe final report inits files. 9J0TERN4|NATON OF CONTRACT This agreement may be terminated at any time by either ]SAprClient by written notice. In the event of termination']SA shall be paid for services performed and expenses incurred up to the termination notice date, plus any expenses resulting from the termination. 1D.0ASSIGNMENT OFCONTRACT Neither JSA nor Client may delegate, assign, sublet or transfer his duties or interest in this agreement without the written consent ofthe other party. 11.0JSA RELATIONSHIPS TO CONTRACTORS ]IAshaU not atany time supervise, direct, orhave control over any contractor's work, nor shall ]S\have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by an contractor, for safety precautions and programs incident toacontractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. JSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. JSAshaU not be responsible for the acts oromissions ofany contractor, subcontractor, or supplier, orofany contractor's agents or employees or any other persons (except JSA's own employees or sub -consultants) at the Project site or otherwise furnishing or performing any ofconstruction work; orfor any decision made on interpretations orclarifications ofthe construction contract given byClient without consultation and advice of 12'00\SPUTES Any controversy orclaim arising out oforrelating tothis agreement orthe beach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) maybe entered in any court having jurisdiction thereof. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently ineffect unless the parties mutually agree otherwise. Demand for mediation shall befiled in writing with the other party tothis Agreement and with the American Arbitration Association. Ademand shall be made within a reasonable time after the dainn' dispute' o,other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute or Page wofn|Jess""da/mAssociates, Inc. I www.saindalassoc.corn Ir.uwmz�3305|cmo`oo-9om Professional *"pe^ Condition Assessment Proposal for n°Station edated October u.mm JEFrSxmoxL ^^^ssoc/xru l3'0DURATION OFPROPOSAL VALIDITY The terms of all proposals are valid for a period of 90 days from the proposal date. 14.0ACCEPTABLE METHOD TO MAKE CHANGES TO CONTRACT This agreement constitutes the entire agreement between Client and JSA and supersedes all prior written or oral understandings. This agreement may only be amended' supplemented, modified' or canceled by new signed agreement. Page x"ro1 Jam""da/mAssociates, Inc. I www.swridalassoc.corn )P:pw>wz-4m5|p(4o)m5-mv rma�sionalProperty c*u.owx=eSmICn'Proposal a^Fire Station adated October //.20/w JEprSxmoxL ^^Assoc/»Ia * * * How to Accept This Proposal * * * To accept this proposal, please review the following pages and complete/return the following: • Agreement for Professional 5emioes • Property Input Sheet • Additional Information • Payment for Project Retainer Page uofn1 Jeff'SamaauAsgocim�Inc. | www.saindalassoc.corn Ip.uomwz-4an|F:wo,vo*"90 Professional Property Condition xsws,=",,TOrOSmfor Fire Station 53 dated October '/.mm V*rsxmmuL /xxevc/xrsS AGREEMENT FOR PROFESSIONAL SERVICES This is an Agreement for Professional Services between City of Tukwila (Client) and ]eff5amda| & Aoodaus' Inc. (JSA). The Client authorizes ]lAtn begin professional services as described in the SCOPE OFWORK; part of the Proposal for Professional Services for a Property Condition Assessment to City of Tukwila, dated October zI'Z018. TERMS OF PAYMENT Total Lump Sum Fee: $2,200 Project Retainer: No Retainer Project Balance: $2,200 Dueƒm0owingcompletion ofreport. The terms nfpayment are subject toour Standard Terms and Conditions. ITEMS NECESSARY FOR PROJECT START Before services begin, the following items must becompleted and returned: 1. Agreement for Professional Services (this page) Z. Property Input Sheet (next page) 3. PnojectRetainer(Ustedabova)—paidbycheckorcreditcavd CLIENT AUTHORIZATION By signing below, I certify that I am the appropriate representative for the Client mentioned above. I agree to the proposed Scope of Work, the Terms of Payment, and the Standard Terms and Conditions. I authorize JSA to begin work immediately following JSA's receipt of the requested Items Necessary for Project Start. PRINTED NAME REPRESENTING (IF APPLICABLE) AUTHORIZING SIGNATURE DATE Please return this signed Agreement for Professional Services to Jeff Samdal & Associates,along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, Discover). Checks should be made payable to Jeff Samdal & Associates. All returned checks are subject to a $35 processing fee. If paying by credit card, please contact us via phone. FAX: 425.825.9090 EMNLjeff Psamda|assoc.com MAIL: �Box 2489, Woodinville, WA 98072 Professional Property Condition Assessment Proposal for Fire Station 53 dated October 11, 2018 JEFF SAMDAL &ASSOCIATES PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Fire Station 53 Address of Property: 12026 - 42nd Avenue South Tukwila, WA 98168 Number of Buildings: 1 Gross Square Feet: 1,200 Year Constructed: 1930 Other: CONTACT INFORMATION All correspondence, product delivery, and property access will be coordinated through this contact Contact Person & Title: Company (if applicable): Address: Phone Number(s): office/home mobile Email(s): HISTORICAL PROBLEMS WITH THE BUILDING(S) THAT ARE KNOWN Please describe below any reported problems with moisture entry and the remediation that was performed Page 14 of 151 Jeff Saindal & Associates. Inc.1 www.samdalassoc.com I P: (206) 412-4305 jF, (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station 53 dated October u.mm REQUEST FOR ADDITIONAL INFORMATION Y0�0� U+psxwoAL """^xsnoxro We would appreciate your cooperation in providing us any and all information pertinent toanalyzing this property. This information will be helpful in delivering the most accurate and complete Property Condition Assessment possible. Information that is helpful includes: ° Drawings ofthe property � Capital maintenance records associated with building repairs ° Previous reports onthe property = Any other information regarding existing or on -going problems with the property All documents mdemndsw0beretume toour designated contact person. Page oofn|Jens""da/aAssociates, fire. | www.saindalassoc.com |roomwz-4m5|swznv25+nm City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-215(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Samdal & Associates That portion of Contract No. 17-215 between the City of Tukwila and Samdal & Associates is hereby amended as follows: 1. Project Designation. The Consultant is retained by the City to perform Property Condition Assessments survey services for three selected parcels and five buildings on properties identified for a future Public Works facility, as well as the City's existing Fire Station 54 in connection with the project titled Tukwila Public Safety Plan, 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits "A", "B", "C" and "D" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2019, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than January 31, 2019 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits "A", "B", "C" and "D" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $10,300.00 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. / Dated this *to day of /2 ci CITY OF TUKWILA Rachel Bianchi, Comms & Govn't Rel. Mgr CA Revised December 2016 , 20 CONTRACTOR V/ Page 1 of 1 Exhibit D EFF SAMDAL & ASSOCIATES Property Condition Assessment Professional Services Proposal Fire Station 54 4237 South 144th Street, Tukwila, WA 98168 For: City of Tukwila c/o Rachel Bianchi Communications Director 6300 Southcenter Blvd, Suite 100 'Tukwila, WA 98188 Prepared By: Jeff Sarridal, PE, RS, PRA Principal jefTiOamdalassoc.com (206) 412-4305 Date .Prepared: June 12, 2018 Valid Through: September 12, 2018 Jeff Samdal & Associates, Inc. 1 Woodinville, WA 1 www.samdalassoc,com 1P: (206) 412-43051F: (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL &ASSOCIATES TABLE OF CONTENTS TABLE OF CONTENTS 2 INTRODUCTION 3 PROPOSED SERVICES / SCOPE OF WORK 4 QUALIFICATIONS 6 PROJECT FEE 7 STANDARD TERMS AND CONDITIONS 8 * * * How to Accept This Proposal * * * 12 AGREEMENT FOR PROFESSIONAL SERVICES 13 PROPERTY INPUT SHEET 14 REQUEST FOR ADDITIONAL INFORMATION 15 Page 2 of 15 1 Jeff Samdal & Associates, Inc. www.samdalassoc.com 1 P. (206)412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station 54 dated hine/2, 2018 |Fpr3xwoxL /xASS oc/xrss INTRODUCTION Jeff Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to City of Tukwila. These services will be performed at City of Tukwila Fire Station 54, located at: 4237 South 144t' Street, Tukwila, WA 98168. This proposal is based on our understanding of the property and the desires of you, the Client. This understanding comes from our correspondence with Carrie Holmes of Axis Planning & Development onJune l3,2UIOand King County Records. The purpose of this study is to provide a PCA that meets or exceeds standard requirements defined by American Society for Testing and Materials (ASTM) Standard E 2018-08. We recommend that you refer to that document for more information, http://www.astm.org, and search for PCA. Jeff Samda| & Associates, Inc. is an inspection and engineering company licensed in the State of Washington that provides high quality inspections and engineering services to property owners and property purchasers. Jeff Samdal, P.E. is the owner and operator of the company and will be the Project Manager on this Project. The following proposal is intended to provide you with knowledge about our company, our approach, our proposed services and deliverables. We believe that we are the best choice to provide these services based on: Significant experience as a company evaluating properties of all varieties. � JeMSamda|, PE is the Project Manager selected to evaluate your property. He is expertly qualified, rivaling the most experienced and best credentialed in the industry; including: o Professional Engineer (PE) in both Mechanical Engineering and Civil Engineering Washington State o Building Inspection Engineer (BIE) / National Association of Building Inspection Engineers (NA8|E) o Structural Pest Inspector (SP|)/Washington State n Reserve Specialist (R5)/Community Association Institute ([A|) n Professional Reserve Analyst (PRA)/Association of Professional Reserve Analysts o BSMechanical Engineering / University ofWashington Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL As5OCIATFS PROPOSED SERVICES / SCOPE OF WORK PROPERTY DESCRIPTION The property consists of one 5,390 square foot building consisting of a fire station. As we understand, the building was originally constructed in 1961. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phase I — Information Gathering: Our initial task will be information gathering. We will need to speak with a representative of the owner(s) and/or the building manager to gain a sense of the general status of the property. Please provide copies of any of the following documents that are available: • Drawings of the property • Maintenance records • Capital maintenance invoices • Previous reports on the property • Any other information regarding existing or on -going problems with the property Phase 11—On-site Inspection and Analysis: Following the initial correspondence regarding the property, we will perform a complete inspection of the property to provide our opinion of the current condition of the building components. This is a visual inspection and no invasive or destructive testing will be performed unless otherwise agreed to. We will also provide our opinion of the anticipated capital expenditures that will likely be necessary over the next 12 years. Our inspection of the property will include a visual inspection of the following components: • Parking Lot and Site Features • Site Drainage in vicinity of the structure(s) • Structure • Roof(s) • Exterior • Electrical Systems • Plumbing Systems • HVAC Systems • Fire Detection and Suppression • Elevator(s) We will operate accessible mechanical systems that can normally and easily be operated without specific training. If there is a desire by our client to test special systems, than we will require a qualified operator of such systems. This will likely need to be supplied by the current building owner. Any mechanical system that was not operated during our inspection will be noted in our report. Additional Expertise To aid in the assessment of complex systems, we often utilize sub -contractors such as structural engineer(s), electrical engineer(s), and HVAC technician(s). The degree to which we utilize sub -contractors will depend on the size and complexity of each system, and as deemed appropriate by Jeff Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page 4 of t 5 i Jeff Samdal & Associates, Inc. www.samdalassoc.com P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition AssessmenC Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL ASstn,IA1ES 12-Year Capital Expenditures Planning We consider anticipated capital needs to be major expenses that can be reasonably predicted. Anticipated capital needs are not considered routine maintenance such as routine landscaping or touch-up paint; routine maintenance should be taken care of through an operating budget. Nor do we consider anticipated capital needs to be expenditures that result from an accident or an unpredictable event, such as flood damage or earthquake damage; these items should be paid for by insurance. Phase 111— Property Condition Report: We will provide the client with a Property Condition Report that: 1. Identifies and describes the major components of the property. 2. Lists the items of immediate repair/replacement and provides a rough order of magnitude of the costs required. 3. Forecasts the anticipated schedule of capital expenditures of the property over the next 12 years and provides a rough order of magnitude in 2018 dollars of the costs required. We will create two official bound reports that will be mailed or delivered to the requested address. An electronic copy will also be sent for your convenience and future use. Additional copies requested (beyond 2) will be charged an additional fee (see Standard Terms and Conditions). PROJECT SCHEDULE We will coordinate with our designated contact person at the beginning of the project for a more defined timeline; including gathering appropriate information and arranging an on -site property inspection that includes gaining access to all appropriate areas of the property. Start Date: We will consider the start date of this project the day that we have received (1) a completed Agreement for Professional Services, (2) Project Retainer, and (3) any Supporting Documentation providing information about the property. Phase I —Information Gathering: In most instances we are able to meet with the appropriate property representative to begin information gathering within one week of the start date. Phase 11— On -site Inspection and Analysis: The on -site inspection is most often scheduled for the same day as the meeting with the property representative. In instances where this is not practical, we are typically available within one week of the meeting with the property representative. Phase 111— Completed Report: After we have received all pertinent information and we have completed the on -site inspection, we will present a completed Property Condition Report within one week. We understand the time sensitivity of real estate transactions and we make every effort to provide our clients with a completed report with the shortest turnaround time that we can. If there is a particular time sensitivity that requires a quicker turnaround than we have described above, please let us know and we will do all we can to accommodate your needs. Page 5 of 15 i Jeff mdal & Associates, Inc.1 www.samdalassoc com r 1' (206) 412-4305 I': (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station s*dated June /2,2018 VEFrSxwDA/ QUALIFICATIONS ABOUT JEFF SAMDAL & ASSOCIATES, INC. (JS&A) JS&A is a professional building inspection and engineering company based in Woodinville that provides high quality building inspections, financial analyses, project management solutions, and related services to property owners and purchasers from the perspective ofProfessional Engineers, Reserve Specialists, and real estate enthusiasts. Our philosophy is simple: Be the very best at what we do. We focus on quality, not quantity, and each property —withitsuniqueset offeatunr —is treated os//itwere our own. VVeform strategic partnerships with owners and property managers that are meant tolast. ABOWTJEFF SAM0AL Jeff Sam6a|,PE, RS,PRAisthe Owner ofthe company and isthe proposed Project Manager for these services. As the company's founder and primary building inspector, Jeff consistently earns accolades because of his attention to detail, practical approach, knowledge of the industry, and genuine appreciation for clients' concerns for their real estate investments. He has performed over 2,000 building inspections, reserve studies, and related services over the last five years for building owners, homeowners, associations, government agencies, lenders, insurers, and more. His credentials rank amongst the best inthe industry, and include: � Dual Licensed Professional Engineer (PE) - Civil & Mechanical, Washington State � Accredited Reserve Specialist (RS) - Community Associations Institute (CAI) � Professional Reserve Analyst (PRA) - Association of Professional Reserve Analysts (APRA) � Building Inspection Engineer (BIE) - National Academy of Building Inspection Engineers (NABIE) � Structural Pest Inspector (5P|)-Washington State � Licensed Home |nspector-VVoshington State Jeff has been owner and operator ufJeff Samda| & Associates / Samda| Engineering since 2006. Before concentrating on building inspections, Jeff worked for a large engineering firm intheir Hydropower and Water Resources Group. He was involved in rebuilding and rehabilitating hydro facilities, and served asthe on -site powerhouse and switchyard inspector during construction. Duties included design, drawing and specification preparation, cost estimating, scheduling, and construction management. Page 6orn|Jeff oma"& Associates, Inc. I www.saindalassoc.coin |P:pomw2-mu 1e(425)825-9090 Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL ASSOC lArl S PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $2,400 PAYMENT SCHEDULE Project Retainer: No Retainer Due up front. The project retainer must be received along with a completed and signed Agreement for Professional Services before work can begin. Project Balance: $2,400 Balance due following submittal of report for Client review. The terms of payment are subject to our Standard Terms and Conditions. Page 7 of 15 Jeff Samdal & Associates, Inc, www.samdalassoc.com P, (206) 412-430515, (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station 54 dated June /2,mm ���� *�UW'Jjk/ STANDARD TERMS AND CONDITIONS p*rSx*cw' 6'xssoc/xro 1J0SERVICE STANDARDS Jeff Samdal & Associates (JSA) is dedicated to providing City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by JSA under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locale. ]SA makes no warranty, express or implied, in connection with services performed or furnished. JSA may use or rely upon the services of others, including, but not limited to, sub -contractors, sub -consultants, manufacturers, and distributors. Client recognizes that interpretations and recommendations of JSA are based solely on the information available to ]3A. ]5A will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. 2J0FEES AND EXPENSES All consulting services performed will be billed in accordance with the fee schedule listed below plus necessary out ofpocket costs. Inspections and other services that are bid atopredetermined lump sum fee have been bid with the following hourly rate schedule osthe basis for each proposal. Current hourly rates are aafollows: Principal Engineering $135/hr Project Management $135/hr Staff Engineering $105/hr Drafting $ 85/hr Administrative $ 65/hr All mileage driven in conjunction with this Project will be billed at the current Federal mileage rate. All equipment rentals necessary for the job will be charged directly to the Client at costplus 1Opercent. Out-of- pocket costs such as printing, word processing, reproduction, special consultant fees, permits, special equipment, extraordinary insurance, fares, telephone, overnight lodging or meals expense, and other similar Project -related costs are billed atcost plus 10percent. 3J0TERMS OF PAYMENT ]SArequires aretainer fee tobepaid prior tocommencing any work onaProject. Extended engagements may require interim invoicing on a monthly basis or other pre -determined and agreed upon schedule. We will issue a final invoice at the same time that we issue a completed report and/or at the conclusion of our service on the Project. Payment of each invoice is due upon delivery of invoice, unless credit terms have been established and are included inour Project Agreement. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended bythe period ofthe suspension. Page xvrn|Jeff xm"da/&Associates, Inm.| www.saindalassoc.com Ipuo0mz-4m5|c(4z5) 825+090 Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL (SASSOClATt 5 All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance charge in the amount of 11/2 percent per month from the date of invoice, with the annual percentage rate being 18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary (in the opinion of JSA) to initiate collection procedures, the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by JSA and all court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the "Terms of Payment" must be specified in writing as part of the Project Agreement. 4.0 GENERAL LIABILITY INSURANCE JSA represents and warrants that it is protected by General Liability Insurance and has such coverage that JSA deems adequate. Certificates of General Liability Insurance shall be provided to the Client upon request in writing. JSA shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it. 5.0 LIMITS OF LIABILITY To the fullest extent permitted by law, JSA and Client waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and sub -consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. JSA's total liability to Client under this agreement shall be limited to $25,000 or the total amount of compensation received by JSA, whichever is greater, by reason of any act or omission, including breach of contract or negligence. 6.0 INDEMNIFICATION BY OTHERS JSA will note all observations that are visible on the date(s) of the investigation pertaining to the scope of work. We will perform all tasks and prepare documentation for the exclusive use of the Client. JSA does not intend any other individual or party to rely upon our work products without our express written consent. If another individual or party relies on the work products that we provide, they shall indemnify and hold JSA harmless for any damages, losses, or expenses they may incur as a result of the use of these work products. 7.0 OWNERSHIP OF DOCUMENTS All reports, design documents, calculations, estimates and other documents prepared by JSA are instruments of service, and JSA retains ownership and property interest, including the copyright and right of reuse in such documents, whether or not the Project is completed. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. JSA will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. Pag ofl5,Je Sandal & Associates, Inc. www.samdalassoc.com I P: (206) 4 12-4305I F: (425) 825-9090 Professional Property Condition Assessment Proposal for Fire Station 54 dated .June 12, 2018 JEFF SAMDAL 8.0 COPIES OF DOCUMENTS JSA agrees to provide two hard copies of the final report, including all other final deliverables relating to the services performed. Additional copies may be provided upon request for a fee of $20 each at JSA's discretion. Any electronic copies that may be provided to Client are solely for the convenience of the Client and are not to be considered the final work product. JSA will provide a final report on its letterhead or in the event that the Client declines such a copy, shall retain a copy of the final report in its files. 9.0 TERMINATION OF CONTRACT This agreement may be terminated at any time by either JSA or Client by written notice. In the event of termination, JSA shall be paid for services performed and expenses incurred up to the termination notice date, plus any expenses resulting from the termination. 10.0 ASSIGNMENT OF CONTRACT Neither JSA nor Client may delegate, assign, sublet or transfer his duties or interest in this agreement without the written consent of the other party. 11.0 JSA RELATIONSHIPS TO CONTRACTORS JSA shall not at any time supervise, direct, or have control over any contractor's work, nor shall JSA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by an contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. JSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. JSA shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except JSA's own employees or sub -consultants) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction contract given by Client without consultation and advice of JSA. 12.0 DISPUTES Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute or limitations. Page 10 of 15 1 Jeff Saluda! & Associates, Inc. www.samdalassoc.com P: (206) 412-4305 r F: (425) 825-9090 pmessiwaProperty Condition Assessment Proposal for Fire Station s4dared 3u" /2,2018 |cppxAmowL 13.0 DURATION OF PROPOSAL VALIDITY The terms of all proposals are valid for a period of 90 days from the proposal date. 14.0 ACCEPTABLE METHOD TO MAKE CHANGES TO CONTRACT This agreement constitutes the entire agreement between Client and JSA and supersedes all prior written or oral understandings. This agreement may only 6e amended, supplemented, modified, or canceled by new signed agreement. Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL ASSOCIATES * * * How to Accept This Proposal * * * To accept this proposal, please review the following pages and complete/return the following: • Agreement for Professional Services • Property Input Sheet ■ Additional Information ■ Payment for Project Retainer Page 12 of 15 i Jeff Samdal & Associates, Inc. www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal anFire Station 54 dated June /2,mm 1sFrSAMD^/ �xASSOC /xrrs AGREEMENT PROFESSIONAL FOR SERVICES This isanAgreement for Professional Senvicesbetween[kyofTukwi|ak]iendand]eOSamda|QAssociates, Inc. (JSA). The Client authorizes JSA to begin professional services as described in the SCOPE OF WORK; part of the Proposal for Professional Services for a Property Condition Assessment to City of Tukwila, dated June 12, 2018. TERMS OF PAYMENT Total Lump Sum Fee: $2,400 Project Retainer: No Retainer Project Balance: $2,400 Due following completion nfreport. The terms ofpayment are subject tnour Standard Terms and Conditions. ITEMS NECESSARY FOR PROJECT START Before services begin, the following items must be completed and returned: 1. Agreement for Professional 3envicexkhispa8e Z. Property Input Sheet (next page) 3. PnojectKetainer(Ustedabove)—paidbycheckorcreditcard CLIENT AUTHORIZATION By signing below, | certify that | am the appropriate representative for the Client mentioned above. | agree to the proposed Scope of Work, the Terms of Payment, and the Standard Terms and Conditions. I authorize JSA to begin work immediately following JSA's receipt of the requested Items Necessary for Project Start. PRINTED NAME REPRESENTING (IF APPLICABLE) AUTHORIZING SIGNATURE DATE Please return this signed Agreement for Professional Services to Jeff Samdal & Associates, along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, Discover). Checks should be made payable to Jeff Samdal & Associates. All returned checks are subject to a $35 processing fee. If paying by credit card, please contact us via phone. FAX: 425.825.9090 EMAIL: jeff (@samdalassoc.com MAIL: PO Box 2489, Woodinville, WA 98072 Professional Property Condition Assessment Proposal for Fire Station 54 dated June 12, 2018 JEFF SAMDAL &ASSOCIATE s PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Fire Station 54 Address of Property: 4237 S 144th Street Tukwila, WA 98168 Number of Buildings: 1 Gross Square Feet: 5,390 Year Constructed: 1961 Other: CONTACT INFORMATION All correspondence, product delivery, and property access will be coordinated through this contact Contact Person & Title: Company (if applicable): Address: Phone Number(s): office/home mobile Email(s): HISTORICAL PROBLEMS WITH THE BUILDING(S) THAT ARE KNOWN Please describe below any reported problems with moisture entry and the remediation that was performed Page 14 of 15[Jeff Sandal & Associates, Inc. www.samdalassoc.coin I P: (206)412-43051F: (425) 825-9090 Professional nop=nCondition Assessment ,iop=/s"Fire Station 54 dated June /2,mm JEFF SAw0u �yASS uuxr/s REQUEST FOR ADDITIONAL INFORMATION We would appreciate your cooperation in providing usany and all information pertinent toanalyzing this property. This information will be helpful in delivering the most accurate and complete Property Condition Assessment possible. Information that is helpful includes: � Drawings ofthe property � Capital maintenance records associated with building repairs � Previous reports unthe property � Any other information regarding existing or on -going problems with the property All documents and records will bereturned toour designated contact person. City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-215 Contract Approval N/A CONSULTANT AGREEMENT FOR PROPERTY CONDITION ASSESSMENT SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Samdal & Associates. hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to perform Property Condition Assessments survey services for three selected parcels and five buildings on properties identified for a future Public Works facility, in connection with the project titled Tukwila Public Safety Plan. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibits "A", "B", and "C" attached hereto, including the provision of all labor, materials, equipment and supplies. 3. Duration of Agreement; Time for Performance. This Agreement shall be in full force and effect for a period commencing upon execution and ending December 31, 2018, unless sooner terminated under the provisions hereinafter specified. Work under this Agreement shall commence upon written notice by the City to the Consultant to proceed. The Consultant shall perform all services and provide all work product required pursuant to this Agreement no later than January 31, 2018 unless an extension of such time is granted in writing by the City. 4. Payment. The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: A. Payment for the work provided by the Consultant shall be made as provided on Exhibits "A", "B", and "C" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $7900.00 (including estimated expenses) without express written modification of the Agreement signed by the City. B. The Consultant may submit vouchers to the City once per month during the progress of the work for partial payment for that portion of the project completed to date. Such vouchers will be checked by the City and, upon approval thereof, payment shall be made to the Consultant in the amount approved. C. Final payment of any balance due the Consultant of the total contract price earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this Agreement and its acceptance by the City. D. Payment as provided in this section shall be full compensation for work performed, services rendered, and for all materials, supplies, equipment and incidentals necessary to complete the work. E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and the state of Washington for a period of three (3) years after final payments. Copies shall be made available upon request. 5. Ownership and Use of Documents. All documents, drawings, specifications and other materials produced by the Consultant in connection with the services rendered under this Agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with the Consultant's endeavors. The Consultant shall not be responsible for any use of the said documents, drawings, specifications or other materials by the City on any project other than the project specified in this Agreement. 6. Compliance with Laws. The Consultant shall, in performing the services contemplated by this Agreement, faithfully observe and comply with all federal, state, and local laws, ordinances and regulations, applicable to the services rendered under this Agreement. 7. Indemnification. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the Consultant in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability hereunder shall be only to the extent of the Consultant's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Consultant's waiver of immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 8. Insurance. The Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by the Consultant, its agents, representatives, or employees. Consultant's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Consultant to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. A. Minimum Amounts and Scope of Insurance. Consultant shall obtain insurance of the types and with the limits described below: 1. Automobile Liability insurance with a minimum combined single limit for bodily injury and property damage of $1,000,000 per accident. Automobile Liability insurance shall cover all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial General Liability insurance with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. The City shall be named as an insured under the Consultant's Commercial General Liability insurance policy with respect to the work performed for the City. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. CA revised : 1-2013 Page 2 4. Professional Liability with limits no Tess than $1,000,000 per claim and $1,000,000 policy aggregate limit. Professional Liability insurance shall be appropriate to the Consultant's profession. B. Other Insurance Provision. The Consultant's Automobile Liability and Commercial General Liability insurance policies are to contain, or be endorsed to contain that they shall be primary insurance with respect to the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Consultant's insurance and shall not be contributed or combined with it. C. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VI1. D. Verification of Coverage. Consultant shall furnish the City with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the Consultant before commencement of the work. Certificates of coverage and endorsements as required by this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. E. Notice of Cancellation. The Consultant shall provide the City with written notice of any policy cancellation, within two business days of their receipt of such notice. F. Failure to Maintain Insurance. Failure on the part of the Consultant to maintain the insurance as required shall constitute a material breach of contract, upon which the City may, after giving five business days notice to the Consultant to correct the breach, immediately terminate the contract or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand, or at the sole discretion of the City, offset against funds due the Consultant from the City. 9. Independent Contractor. The Consultant and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant to this Agreement. Nothing in this Agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither the Consultant nor any employee of the Consultant shall be entitled to any benefits accorded City employees by virtue of the services provided under this Agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respect to the Consultant, or any employee of the Consultant. 10. Covenant Against Contingent Fees. The Consultant warrants that he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award or making of this contract. For breach or violation of this warrant, the City shall have the right to annul this contract without liability, or in 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. 11. Discrimination Prohibited. The Consultant, with regard to the work performed by it under this Agreement, will not discriminate on the grounds of race, religion, creed, color, national origin, age, veteran status, sex, sexual orientation, gender identity, marital status, political affiliation or the presence of any disability in the selection and retention of employees or procurement of materials or supplies. 12. Assignment. The Consultant shall not sublet or assign any of the services covered by this Agreement without the express written consent of the City. CA revised : 1-2013 Page 3 13. Non -Waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 14. Termination. A. The City reserves the right to terminate this Agreement at any time by giving ten (10) days written notice to the Consultant. B. In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this Agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this Agreement between surviving members of the Consultant and the City, if the City so chooses. 15. Applicable Law; Venue; Attorney's Fees. This Agreement shall be subject to, and the Consultant shall at all times comply with, all applicable federal, state and local laws, regulations, and rules, including the provisions of the City of Tukwila Municipal Code and ordinances of the City of Tukwila. In the event any suit, arbitration, or other proceeding is instituted to enforce any term of this Agreement, the parties specifically understand and agree that venue shall be properly laid in King County, Washington. The prevailing party in any such action shall be entitled to its attorney's fees and costs of suit. Venue for any action arising from or related to this Agreement shall be exclusively in King County Superior Court. 16. Severability and Survival. If any term, condition or provision of this Agreement is declared void or unenforceable or limited in its application or effect, such event shall not affect any other provisions hereof and all other provisions shall remain fully enforceable. The provisions of this Agreement, which by their sense and context are reasonably intended to survive the completion, expiration or cancellation of this Agreement, shall survive termination of this Agreement. 17. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: Jeff Samdal Jeff Samdal & Associates P.O. Box 2489 Woodinville, WA 98072 18. Entire Agreement; Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. No amendment or modification of this Agreement shall be of any force or effect unless it is in writing and signed by the parties. CA revised : 1-2013 Page 4 lsr DATED this CITY OF TUKWILA .RL -�--- �'�'c)i v \ L % C-b ?ubi; � V-s � t C_� day of Pe-GMeE%C CA revised : 1-2013 CONSULTANT ,2017". By: me: --\EF Sfi MPAL Title: P1zEsipA-A Page 5 EXHIBIT A JEFF SAMDAL &ASSOCIATES Property Condition Assessment Professional Services Proposal 11210 Tukwila International Blvd Tukwila, WA 98168 For: City of Tukwila c/o Rachel Bianchi Communications Director 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Prepared Bv: Jeff Samdal, PE, RS, PRA Principal jeff@samdalassoc.com (206) 412-4305 Date Prepared: November 28, 2017 Valid ThrotKh: February 28, 2018 Jeff Samdal & Associates, Inc. I Woodinville, WA I www.samdalassoc.com P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 "fukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL ASS OCIA"FES TABLE OF CONTENTS TABLE OF CONTENTS 2 INTRODUCTION 3 PROPOSED SERVICES / SCOPE OF WORK 4 QUALIFICATIONS 6 PROJECT FEE 7 STANDARD TERMS AND CONDITIONS 8 * * * How to Accept This Proposal * * * 12 AGREEMENT FOR PROFESSIONAL SERVICES 13 PROPERTY INPUT SHEET 14 REQUEST FOR ADDITIONAL INFORMATION 15 Page 2 of 15 I Jeff Samdal & Associates, Inc. j www.samdalassoc.com 1 P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 / pi* ri JEFF SAMDAL &AssociATEs INTRODUCTION Jeff Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to City of Tukwila. These services will be performed at the property located at: 11210 Tukwila International Blvd, Tukwila, WA 98168. This proposal is based on our understanding of the property and the desires of you, the Client. This understanding comes from our correspondence with DJ Baxter or Shiels, Obletz, & Johnson on November 22, 2017 and King County Records. The purpose of this study is to provide a PCA that meets or exceeds standard requirements defined by American Society for Testing and Materials (ASTM) Standard E 2018-08. We recommend that you refer to that document for more information, http://www.astm.org, and search for PCA. Jeff Samdal & Associates, Inc. is an inspection and engineering company licensed in the State of Washington that provides high quality inspections and engineering services to property owners and property purchasers. Jeff Samdal, P.E. is the owner and operator of the company and will be the Project Manager on this Project. The following proposal is intended to provide you with knowledge about our company, our approach, our proposed services and deliverables. We believe that we are the best choice to provide these services based on: • Significant experience as a company evaluating properties of all varieties. ■ Jeff Samdal, PE is the Project Manager selected to evaluate your property. He is expertly qualified, rivaling the most experienced and best credentialed in the industry; including: o Professional Engineer (PE) in both Mechanical Engineering and Civil Engineering / Washington State o Building Inspection Engineer (BIE) / National Association of Building Inspection Engineers (NABIE) o Structural Pest Inspector (SPI) / Washington State o Reserve Specialist (RS) / Community Association Institute (CAI) o Professional Reserve Analyst (PRA) / Association of Professional Reserve Analysts o BS Mechanical Engineering / University of Washington Page 3 of I5 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 4 s t rs;�a JEFF SAMDAL & ASS OCIATES PROPOSED SERVICES / SCOPE OF WORK PROPERTY DESCRIPTION The property consists of two buildings; of which one building consists of 23,397 gross square feet while the other building consists of 16,300 gross square feet, both consisting of warehouse space. As we understand, the buildings were originally constructed in 1974 and 2002 respectively. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phase I — Information Gathering: Our initial task will be information gathering. We will need to speak with a representative of the owner(s) and/or the building manager to gain a sense of the general status of the property. Please provide copies of any of the following documents that are available: • Drawings of the property • Maintenance records • Capital maintenance invoices • Previous reports on the property • Any other information regarding existing or on -going problems with the property Phase II — On -site Inspection and Analysis: Following the initial correspondence regarding the property, we will perform a complete inspection of the property to provide our opinion of the current condition of the building components. This is a visual inspection and no invasive or destructive testing will be performed unless otherwise agreed to. We will also provide our opinion of the anticipated capital expenditures that will likely be necessary over the next 12 years. Our inspection of the property will include a visual inspection of the following components: • Parking Lot and Site Features • Site Drainage in vicinity of the structure(s) • Structure • Roof(s) • Exterior • Electrical Systems • Plumbing Systems • HVAC Systems • Fire Detection and Suppression • Elevator(s) We will operate accessible mechanical systems that can normally and easily be operated without specific training. If there is a desire by our client to test special systems, than we will require a qualified operator of such systems. This will likely need to be supplied by the current building owner. Any mechanical system that was not operated during our inspection will be noted in our report. Additional Expertise To aid in the assessment of complex systems, we often utilize sub -contractors such as structural engineer(s), electrical engineer(s), and HVAC technician(s). The degree to which we utilize sub -contractors will depend on the size and complexity of each system, and as deemed appropriate by Jeff Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page 4 of 151 Jeff Sandal & Associates. Inc. r www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 ,F s, +e'IC�U)t�r JEFF SAMDAL &ASSOCIATES 12-Year Capital Expenditures Planning We consider anticipated capital needs to be major expenses that can be reasonably predicted. Anticipated capital needs are not considered routine maintenance such as routine landscaping or touch-up paint; routine maintenance should be taken care of through an operating budget. Nor do we consider anticipated capital needs to be expenditures that result from an accident or an unpredictable event, such as flood damage or earthquake damage; these items should be paid for by insurance. Phase 111 — Property Condition Report: We will provide the client with a Property Condition Report that: 1. Identifies and describes the major components of the property. 2. Lists the items of immediate repair/replacement and provides a rough order of magnitude of the costs required. 3. Forecasts the anticipated schedule of capital expenditures of the property over the next 12 years and provides a rough order of magnitude in 2017 dollars of the costs required. We will create two official bound reports that will be mailed or delivered to the requested address. An electronic copy will also be sent for your convenience and future use. Additional copies requested (beyond 2) will be charged an additional fee (see Standard Terms and Conditions). PROJECT SCHEDULE We will coordinate with our designated contact person at the beginning of the project for a more defined timeline; including gathering appropriate information and arranging an on -site property inspection that includes gaining access to all appropriate areas of the property. Start Date: We will consider the start date of this project the day that we have received (1) a completed Agreement for Professional Services, (2) Project Retainer, and (3) any Supporting Documentation providing information about the property. Phase I — Information Gathering: In most instances we are able to meet with the appropriate property representative to begin information gathering within one week of the start date. Phase II — On -site Inspection and Analysis: The on -site inspection is most often scheduled for the same day as the meeting with the property representative. In instances where this is not practical, we are typically available within one week of the meeting with the property representative. Phase 111— Completed Report: After we have received all pertinent information and we have completed the on -site inspection, we will present a completed Property Condition Report within one week. We understand the time sensitivity of real estate transactions and we make every effort to provide our clients with a completed report with the shortest turnaround time that we can. If there is a particular time sensitivity that requires a quicker turnaround than we have described above, please let us know and we will do all we can to accommodate your needs. Page 5 of 15 1 Jeff Samdal & Associates, Inc.] www.samdalassoc.com l P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL icL ASSOCIATES QUALIFICATIONS ABOUT JEFF SAMDAL & ASSOCIATES, INC. (JS&A) JS&A is a professional building inspection and engineering company based in Woodinville that provides high quality building inspections, financial analyses, project management solutions, and related services to property owners and purchasers from the perspective of Professional Engineers, Reserve Specialists, and real estate enthusiasts. Our philosophy is simple: Be the very best at what we do. We focus on quality, not quantity, and each property -- with its unique set of features -- is treated as if it were our own. We form strategic partnerships with owners and property managers that are meant to last. ABOUT JEFF SAMDAL Jeff Samdal, PE, RS, PRA is the Owner of the company and is the proposed Project Manager for these services. As the company's founder and primary building inspector, Jeff consistently earns accolades because of his attention to detail, practical approach, knowledge of the industry, and genuine appreciation for clients' concerns for their real estate investments. He has performed over 2,000 building inspections, reserve studies, and related services over the last five years for building owners, homeowners, associations, government agencies, lenders, insurers, and more. His credentials rank amongst the best in the industry, and include: ■ Dual Licensed Professional Engineer (PE) - Civil & Mechanical, Washington State ■ Accredited Reserve Specialist (RS) - Community Associations Institute (CAI) • Professional Reserve Analyst (PRA) - Association of Professional Reserve Analysts (APRA) • Building Inspection Engineer (BIE) - National Academy of Building Inspection Engineers (NABIE) • Structural Pest Inspector (SPI) - Washington State ■ Licensed Home Inspector - Washington State Jeff has been owner and operator of Jeff Samdal & Associates / Samdal Engineering since 2005. Before concentrating on building inspections, Jeff worked for a large engineering firm in their Hydropower and Water Resources Group. He was involved in rebuilding and rehabilitating hydro facilities, and served as the on -site powerhouse and switchyard inspector during construction. Duties included design, drawing and specification preparation, cost estimating, scheduling, and construction management. Page 6 of 151 Jeff Samdal & Associates, Inc. I www.samdalassoc.com (P: (206) 412-4305 ; F: (425) 825-9090 �4p Professional Property Condition Assessment Proposal for 11210 Tukwila international Blvd, Tukwila, WA 98168 dated November 28, 2017 in*, JEFF SAMDAL &ASSOCIATES PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $3,400 PAYMENT SCHEDULE Project Retainer: No Retainer Project Balance: $3,400 Balance due following submittal of report for Client review. The terms of payment are subject to our Standard Terms and Conditions. Page 7 of 15 I Jeff Sandal & Associates, Inc. 1 www.sanulalassoc.com l P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 ilt( JEFFRSAMDAL LCrASSC)CIATES STANDARD TERMS AND CONDITIONS 1.0 SERVICE STANDARDS Jeff Samdal & Associates (JSA) is dedicated to providing City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by JSA under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locale. JSA makes no warranty, express or implied, in connection with services performed or furnished. JSA may use or rely upon the services of others, including, but not limited to, sub -contractors, sub -consultants, manufacturers, and distributors. Client recognizes that interpretations and recommendations of JSA are based solely on the information available to JSA. JSA will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. 2.0 FEES AND EXPENSES All consulting services performed will be billed in accordance with the fee schedule listed below plus necessary out of pocket costs. Inspections and other services that are bid at a predetermined lump sum fee have been bid with the following hourly rate schedule as the basis for each proposal. Current hourly rates are as follows: Principal Engineering $135/hr Project Management $135/hr Staff Engineering $105/hr Drafting $ 85/hr Administrative $ 65/hr All mileage driven in conjunction with this Project will be billed at the current Federal mileage rate. All equipment rentals necessary for the job will be charged directly to the Client at cost plus 10 percent. Out-of- pocket costs such as printing, word processing, reproduction, special consultant fees, permits, special equipment, extraordinary insurance, fares, telephone, overnight lodging or meals expense, and other similar Project -related costs are billed at cost plus 10 percent. 3.0 TERMS OF PAYMENT JSA requires a retainer fee to be paid prior to commencing any work on a Project. Extended engagements may require interim invoicing on a monthly basis or other pre -determined and agreed upon schedule. We will issue a final invoice at the same time that we issue a completed report and/or at the conclusion of our service on the Project. Payment of each invoice is due upon delivery of invoice, unless credit terms have been established and are included in our Project Agreement. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended by the period of the suspension. Page 8 of 151 Jeff Samdal & Associates, Inc. i www.samdalassoc.com l P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 3 JEFF SAMDAL &ASSOCIATES All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance charge in the amount of 1'/ percent per month from the date of invoice, with the annual percentage rate being 18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary (in the opinion of JSA) to initiate collection procedures, the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by JSA and all court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the "Terms of Payment" must be specified in writing as part of the Project Agreement. 4.0 GENERAL LIABILITY INSURANCE JSA represents and warrants that it is protected by General Liability Insurance and has such coverage that JSA deems adequate. Certificates of General Liability Insurance shall be provided to the Client upon request in writing. JSA shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it. 5.0 LIMITS OF LIABILITY To the fullest extent permitted by law, JSA and Client waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and sub -consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. JSA's total liability to Client under this agreement shall be limited to $25,000 or the total amount of compensation received by JSA, whichever is greater, by reason of any act or omission, including breach of contract or negligence. 6.0 INDEMNIFICATION BY OTHERS JSA will note all observations that are visible on the date(s) of the investigation pertaining to the scope of work. We will perform all tasks and prepare documentation for the exclusive use of the Client. JSA does not intend any other individual or party to rely upon our work products without our express written consent. If another individual or party relies on the work products that we provide, they shall indemnify and hold JSA harmless for any damages, losses, or expenses they may incur as a result of the use of these work products. 7.0 OWNERSHIP OF DOCUMENTS All reports, design documents, calculations, estimates and other documents prepared by JSA are instruments of service, and JSA retains ownership and property interest, including the copyright and right of reuse in such documents, whether or not the Project is completed. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. JSA will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. Page 9 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, OVA 98168 dated November 28, 2017 r rq JEFF SAMDAL &ASSOCIA ES 8.0 COPIES OF DOCUMENTS JSA agrees to provide two hard copies of the final report, including all other final deliverables relating to the services performed. Additional copies may be provided upon request for a fee of $20 each at 1SA's discretion. Any electronic copies that may be provided to Client are solely for the convenience of the Client and are not to be considered the final work product. JSA will provide a final report on its letterhead or in the event that the Client declines such a copy, shall retain a copy of the final report in its files. 9.0 TERMINATION OF CONTRACT This agreement may be terminated at any time by either JSA or Client by written notice. In the event of termination, JSA shall be paid for services performed and expenses incurred up to the termination notice date, plus any expenses resulting from the termination. 10.0 ASSIGNMENT OF CONTRACT Neither JSA nor Client may delegate, assign, sublet or transfer his duties or interest in this agreement without the written consent of the other party. 11.0 JSA RELATIONSHIPS TO CONTRACTORS JSA shall not at any time supervise, direct, or have control over any contractor's work, nor shall JSA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by an contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. JSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. JSA shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except JSA's own employees or sub -consultants) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction contract given by Client without consultation and advice of JSA. 12.0 DISPUTES Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute or limitations. Page 10 of 15 1 Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com i P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 4 tokt JEFF SAMDAL tC ASSOCIATES 13.0 DURATION OF PROPOSAL VALIDITY The terms of all proposals are valid for a period of 90 days from the proposal date. 14.0 ACCEPTABLE METHOD TO MAKE CHANGES TO CONTRACT This agreement constitutes the entire agreement between Client and BA and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a new signed agreement. Page 11 of 15 I Jeff Sandal & Associates, Inc. www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila international Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL & ASSOC IATIES * * * How to Accept This Proposal * * * To accept this proposal, please review the following pages and complete/return the following: Agreement for Professional Services Property Input Sheet Additional Information Payment for Project Retainer Page 12 of 151 JeffSamdal & Associates, Inc. j www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 1 't_®4s= JEFF SAMDAL &ASSOCIATES AGREEMENT FOR PROFESSIONAL SERVICES This is an Agreement for Professional Services between City of Tukwila (Client) and Jeff Samdal & Associates, Inc. (JSA). The Client authorizes JSA to begin professional services as described in the SCOPE OF WORK; part of the Proposal for Professional Services for a Property Condition Assessment to City of Tukwila, dated November 27, 2017. TERMS OF PAYMENT Total Lump Sum Fee: $3,400 Project Retainer: No Retainer Project Balance: $3,400 Due following completion of report. The terms of payment are subject to our Standard Terms and Conditions. ITEMS NECESSARY FOR PROJECT START Before services begin, the following items must be completed and returned: 1. Agreement for Professional Services (this page) 2. Property Input Sheet (next page) 3. Project Retainer (listed above) — paid by check or credit card CLIENT AUTHORIZATION By signing below, I certify that I am the appropriate representative for the Client mentioned above. I agree to the proposed Scope of Work, the Terms of Payment, and the Standard Terms and Conditions. I authorize JSA to begin work immediately following 1SA's receipt of the requested Items Necessary for Project Start. PRINTED NAME REPRESENTING (IF APPLICABLE) AUTHORIZING SIGNATURE DATE Please return this signed Agreement for Professional Services to Jeff Samdal & Associates, along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, Discover). Checks should be made payable to Jeff Samdal & Associates. All returned checks are subject to a $35 processing fee. If paying by credit card, please contact us via phone. FAX: 425.825.9090 EMAIL: ieff@samdalassoc.com MAIL: PO Box 2489, Woodinville, WA 98072 Page 13 of 15 Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tulovila, WA 98168 dated November 28, 2017 Ail! '1 R JEFF SAMDAL &ASSOC IATES PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Address of Property: 11210 Tukwila International Blvd Tukwila, WA 98168 Number of Buildings: 1 Gross Square Feet: 23,397 / 16,100 Year Constructed: 1974 / 2002 Other: CONTACT INFORMATION All correspondence, product delivery, and property access will be coordinated through this contact Contact Person & Title: Company (if applicable): Address: Phone Number(s): office/home mobile Email(s): HISTORICAL PROBLEMS WITH THE BUILDING(S) THAT ARE KNOWN Please describe below any reported problems with moisture entry and the remediation that was performed Page 14 of 151 Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com i P: (206) 412-4305 1 F: (425) 825-9090 c Professional Property Condition Assessment Proposal for 11210 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 11,;� tt JEFF SAMDAL &ASSOCIATES REQUEST FOR ADDITIONAL INFORMATION We would appreciate your cooperation in providing us any and all information pertinent to analyzing this property. This information will be helpful in delivering the most accurate and complete Property Condition Assessment possible. Information that is helpful includes: • Drawings of the property • Capital maintenance records associated with building repairs ■ Previous reports on the property • Any other information regarding existing or on -going problems with the property All documents and records will be returned to our designated contact person. Page 15 of 15 j Jeff Samdal & Associates, Inc. j www.saindalassoc.com j P: (206) 412-4305 j F: (425) 825-9090 EXHIBIT B JEFF SAMDAL &ASSOCIATES Property Condition Assessment Professional Services Proposal 11231 East Marginal Way South Tukwila, WA 98168 For: City of Tukwila c/o Rachel Bianchi Communications Director 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Prepared Bv: Jeff Samdal, PE, RS, PRA Principal jeff@samdalassoc.com samdalassoc.com (206) 412-4305 Date Prepared: November 28, 2017 Valid Through: February 28, 2018 Jeff Samdal & Associates, Inc. 1 Woodinville, WA www.samdalassoc.com P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES TABLE OF CONTENTS TABLE OF CONTENTS 2 INTRODUCTION 3 PROPOSED SERVICES / SCOPE OF WORK 4 QUALIFICATIONS 6 PROJECT FEE 7 STANDARD TERMS AND CONDITIONS 8 * * * How to Accept This Proposal * * * 12 AGREEMENT FOR PROFESSIONAL SERVICES 13 PROPERTY INPUT SHEET 14 REQUEST FOR ADDITIONAL INFORMATION 15 Page 2 of 151 Jeff Samdal & Associates, Inc. ( www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, OVA 98168 dated November 28, 2017 INTRODUCTION y =Id fl JEFF SAMDAL &ASSOCIATES Jeff Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to City of Tukwila. These services will be performed at the property located at: 11231 East Marginal Way S, Tukwila, WA 98168. This proposal is based on our understanding of the property and the desires of you, the Client. This understanding comes from our correspondence with DJ Baxter or Shiels, Obletz, & Johnson on November 22, 2017 and King County Records. The purpose of this study is to provide a PCA that meets or exceeds standard requirements defined by American Society for Testing and Materials (ASTM) Standard E 2018-08. We recommend that you refer to that document for more information, http://www.astm.org, and search for PCA. Jeff Samdal & Associates, Inc. is an inspection and engineering company licensed in the State of Washington that provides high quality inspections and engineering services to property owners and property purchasers. Jeff Samdal, P.E. is the owner and operator of the company and will be the Project Manager on this Project. The following proposal is intended to provide you with knowledge about our company, our approach, our proposed services and deliverables. We believe that we are the best choice to provide these services based on: Significant experience as a company evaluating properties of all varieties. Jeff Samdal, PE is the Project Manager selected to evaluate your property. He is expertly qualified, rivaling the most experienced and best credentialed in the industry; including: o Professional Engineer (PE) in both Mechanical Engineering and Civil Engineering / Washington State o Building Inspection Engineer (BIE) / National Association of Building Inspection Engineers (NABIE) o Structural Pest Inspector (SPI) / Washington State o Reserve Specialist (RS) / Community Association Institute (CAI) o Professional Reserve Analyst (PRA) / Association of Professional Reserve Analysts o BS Mechanical Engineering / University of Washington Page 3 of 15 1 Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 F: (425) 325-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATLS PROPOSED SERVICES / SCOPE OF WORK PROPERTY DESCRIPTION The property consists of two buildings. One building has 26,450 gross square feet while the other building is 4,069 gross square feet consisting of warehouse space. As we understand, both buildings were originally constructed in 1975. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phase I — Information Gathering: Our initial task will be information gathering. We will need to speak with a representative of the owner(s) and/or the building manager to gain a sense of the general status of the property. Please provide copies of any of the following documents that are available: • Drawings of the property • Maintenance records • Capital maintenance invoices • Previous reports on the property • Any other information regarding existing or on -going problems with the property Phase II —On-site Inspection and Analysis: Following the initial correspondence regarding the property, we will perform a complete inspection of the property to provide our opinion of the current condition of the building components. This is a visual inspection and no invasive or destructive testing will be performed unless otherwise agreed to. We will also provide our opinion of the anticipated capital expenditures that will likely be necessary over the next 12 years. Our inspection of the property will include a visual inspection of the following components: • Parking Lot and Site Features • Site Drainage in vicinity of the structure(s) • Structure • Roof(s) • Exterior • Electrical Systems • Plumbing Systems • HVAC Systems • Fire Detection and Suppression • Elevator(s) We will operate accessible mechanical systems that can normally and easily be operated without specific training. If there is a desire by our client to test special systems, than we will require a qualified operator of such systems. This will likely need to be supplied by the current building owner. Any mechanical system that was not operated during our inspection will be noted in our report. Additional Expertise To aid in the assessment of complex systems, we often utilize sub -contractors such as structural engineer(s), electrical engineer(s), and HVAC technician(s). The degree to which we utilize sub -contractors will depend on the size and complexity of each system, and as deemed appropriate by Jeff Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page 4 of 151 Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com F P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOC [AT ES 12-Year Capital Expenditures Planning We consider anticipated capital needs to be major expenses that can be reasonably predicted. Anticipated capital needs are not considered routine maintenance such as routine landscaping or touch-up paint; routine maintenance should be taken care of through an operating budget. Nor do we consider anticipated capital needs to be expenditures that result from an accident or an unpredictable event, such as flood damage or earthquake damage; these items should be paid for by insurance. Phase 111— Property Condition Report: We will provide the client with a Property Condition Report that: 1. Identifies and describes the major components of the property. 2. Lists the items of immediate repair/replacement and provides a rough order of magnitude of the costs required. 3. Forecasts the anticipated schedule of capital expenditures of the property over the next 12 years and provides a rough order of magnitude in 2017 dollars of the costs required. We will create two official bound reports that will be mailed or delivered to the requested address. An electronic copy will also be sent for your convenience and future use. Additional copies requested (beyond 2) will be charged an additional fee (see Standard Terms and Conditions). PROJECT SCHEDULE We will coordinate with our designated contact person at the beginning of the project for a more defined timeline; including gathering appropriate information and arranging an on -site property inspection that includes gaining access to all appropriate areas of the property. Start Date: We will consider the start date of this project the day that we have received (1) a completed Agreement for Professional Services, (2) Project Retainer, and (3) any Supporting Documentation providing information about the property. Phase 1— Information Gathering: In most instances we are able to meet with the appropriate property representative to begin information gathering within one week of the start date. Phase 11— On -site Inspection and Analysis: The on -site inspection is most often scheduled for the same day as the meeting with the property representative. In instances where this is not practical, we are typically available within one week of the meeting with the property representative. Phase 111 — Completed Report: After we have received all pertinent information and we have completed the on -site inspection, we will present a completed Property Condition Report within one week. We understand the time sensitivity of real estate transactions and we make every effort to provide our clients with a completed report with the shortest turnaround time that we can. If there is a particular time sensitivity that requires a quicker turnaround than we have described above, please let us know and we will do all we can to accommodate your needs. Page 5 of 151 Jeff Saluda' & Associates, Inc. I www.samdalassoc.com P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES QUALIFICATIONS ABOUT JEFF SAMDAL & ASSOCIATES, INC. (JS&A) JS&A is a professional building inspection and engineering company based in Woodinville that provides high quality building inspections, financial analyses, project management solutions, and related services to property owners and purchasers from the perspective of Professional Engineers, Reserve Specialists, and real estate enthusiasts. Our philosophy is simple: Be the very best at what we do. We focus on quality, not quantity, and each property -- with its unique set of features -- is treated as if it were our own. We form strategic partnerships with owners and property managers that are meant to last. ABOUT JEFF SAMDAL Jeff Samdal, PE, RS, PRA is the Owner of the company and is the proposed Project Manager for these services. As the company's founder and primary building inspector, Jeff consistently earns accolades because of his attention to detail, practical approach, knowledge of the industry, and genuine appreciation for clients' concerns for their real estate investments. He has performed over 2,000 building inspections, reserve studies, and related services over the last five years for building owners, homeowners, associations, government agencies, lenders, insurers, and more. His credentials rank amongst the best in the industry, and include: • Dual Licensed Professional Engineer (PE) - Civil & Mechanical, Washington State ■ Accredited Reserve Specialist (RS) - Community Associations Institute (CAI) • Professional Reserve Analyst (PRA) - Association of Professional Reserve Analysts (APRA) • Building Inspection Engineer (BIE) - National Academy of Building Inspection Engineers (NABIE) • Structural Pest Inspector (SPI) - Washington State ■ Licensed Home Inspector - Washington State Jeff has been owner and operator of Jeff Samdal & Associates / Samdal Engineering since 2005. Before concentrating on building inspections, Jeff worked for a large engineering firm in their Hydropower and Water Resources Group. He was involved in rebuilding and rehabilitating hydro facilities, and served as the on -site powerhouse and switchyard inspector during construction. Duties included design, drawing and specification preparation, cost estimating, scheduling, and construction management. Page 6 of 15 I Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com I P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $2,900 16114 JEFF SAMDAL &ASSOC IATES PAYMENT SCHEDULE Project Retainer: No Retainer Due up front. The project retainer must be received along with a completed and signed Agreement for Professional Services before work can begin. Project Balance: $2,900 Balance due following submittal of report for Client review. The terms of payment are subject to our Standard Terms and Conditions. Page 7 of 15 I Jeff Sandal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 EFF SAMDAL &ASSOCIATES STANDARD TERMS AND CONDITIONS 1.0 SERVICE STANDARDS Jeff Samdal & Associates (JSA) is dedicated to providing City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by JSA under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locale. JSA makes no warranty, express or implied, in connection with services performed or furnished. JSA may use or rely upon the services of others, including, but not limited to, sub -contractors, sub -consultants, manufacturers, and distributors. Client recognizes that interpretations and recommendations of JSA are based solely on the information available to JSA. JSA will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. 2.0 FEES AND EXPENSES All consulting services performed will be billed in accordance with the fee schedule listed below plus necessary out of pocket costs. Inspections and other services that are bid at a predetermined lump sum fee have been bid with the following hourly rate schedule as the basis for each proposal. Current hourly rates are as follows: Principal Engineering $135/hr Project Management $135/hr Staff Engineering Drafting Administrative $105/hr $ 85/hr $ 65/hr All mileage driven in conjunction with this Project will be billed at the current Federal mileage rate. All equipment rentals necessary for the job will be charged directly to the Client at cost plus 10 percent. Out-of- pocket costs such as printing, word processing, reproduction, special consultant fees, permits, special equipment, extraordinary insurance, fares, telephone, overnight lodging or meals expense, and other similar Project -related costs are billed at cost plus 10 percent. 3.0 TERMS OF PAYMENT JSA requires a retainer fee to be paid prior to commencing any work on a Project. Extended engagements may require interim invoicing on a monthly basis or other pre -determined and agreed upon schedule. We will issue a final invoice at the same time that we issue a completed report and/or at the conclusion of our service on the Project. Payment of each invoice is due upon delivery of invoice, unless credit terms have been established and are included in our Project Agreement. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended by the period of the suspension. Page 8 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance charge in the amount of 1%2 percent per month from the date of invoice, with the annual percentage rate being 18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary (in the opinion of JSA) to initiate collection procedures, the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by JSA and all court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the "Terms of Payment" must be specified in writing as part of the Project Agreement. 4.0 GENERAL LIABILITY INSURANCE JSA represents and warrants that it is protected by General Liability Insurance and has such coverage that JSA deems adequate. Certificates of General Liability Insurance shall be provided to the Client upon request in writing. JSA shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it. 5.0 LIMITS OF LIABILITY To the fullest extent permitted by law, JSA and Client waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and sub -consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. JSA's total liability to Client under this agreement shall be limited to $25,000 or the total amount of compensation received by JSA, whichever is greater, by reason of any act or omission, including breach of contract or negligence. 6.0 INDEMNIFICATION BY OTHERS JSA will note all observations that are visible on the date(s) of the investigation pertaining to the scope of work. We will perform all tasks and prepare documentation for the exclusive use of the Client. JSA does not intend any other individual or party to rely upon our work products without our express written consent. If another individual or party relies on the work products that we provide, they shall indemnify and hold JSA harmless for any damages, losses, or expenses they may incur as a result of the use of these work products. 7.0 OWNERSHIP OF DOCUMENTS All reports, design documents, calculations, estimates and other documents prepared by JSA are instruments of service, and JSA retains ownership and property interest, including the copyright and right of reuse in such documents, whether or not the Project is completed. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. JSA will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. Page 9 of 151 Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 l' : JEFF SAMDAL &AssoclVrE:s 8.0 COPIES OF DOCUMENTS JSA agrees to provide two hard copies of the final report, including all other final deliverables relating to the services performed. Additional copies may be provided upon request for a fee of $20 each at JSA's discretion. Any electronic copies that may be provided to Client are solely for the convenience of the Client and are not to be considered the final work product. JSA will provide a final report on its letterhead or in the event that the Client declines such a copy, shall retain a copy of the final report in its files. 9.0 TERMINATION OF CONTRACT This agreement may be terminated at any time by either JSA or Client by written notice. In the event of termination, JSA shall be paid for services performed and expenses incurred up to the termination notice date, plus any expenses resulting from the termination. 10.0 ASSIGNMENT OF CONTRACT Neither JSA nor Client may delegate, assign, sublet or transfer his duties or interest in this agreement without the written consent of the other party. 11.0 JSA RELATIONSHIPS TO CONTRACTORS JSA shall not at any time supervise, direct, or have control over any contractor's work, nor shall JSA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by an contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. JSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. JSA shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except JSA's own employees or sub -consultants) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction contract given by Client without consultation and advice of JSA. 12.0 DISPUTES Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute or limitations. Page 10 of 151 Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com r P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL SzASSOClArES 13.0 DURATION OF PROPOSAL VALIDITY The terms of all proposals are valid for a period of 90 days from the proposal date. 14.0 ACCEPTABLE METHOD TO MAKE CHANGES TO CONTRACT This agreement constitutes the entire agreement between Client and 1SA and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a new signed agreement. Page 11 of 15 Jeff Sandal & Associates, Inc. I www.samdalassoc.com i P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 * * How to Accept This Proposal * * * To accept this proposal, please review the following pages and complete/return the following: • Agreement for Professional Services • Property Input Sheet • Additional Information • Payment for Project Retainer II��" -�€ JEFF SAMDAL & ASSOCIATES Page 12 of 15 I Jeff Samdal & Associates, Inc. www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 AGREEMENT FOR PROFESSIONAL SERVICES }I 9 �Jn�2yyf JEFF SAMDAL &ASSOC IATES This is an Agreement for Professional Services between City of Tukwila (Client) and Jeff Samdal & Associates, Inc. (JSA). The Client authorizes 1SA to begin professional services as described in the SCOPE OF WORK; part of the Proposal for Professional Services for a Property Condition Assessment to City of Tukwila, dated November 27, 2017. TERMS OF PAYMENT Total Lump Sum Fee: $2,900 Project Retainer: No Retainer Project Balance: $2,900 Due following completion of report. The terms of payment are subject to our Standard Terms and Conditions. ITEMS NECESSARY FOR PROJECT START Before services begin, the following items must be completed and returned: 1. Agreement for Professional Services (this page) 2. Property Input Sheet (next page) 3. Project Retainer (listed above) — paid by check or credit card CLIENT AUTHORIZATION By signing below, I certify that I am the appropriate representative for the Client mentioned above. I agree to the proposed Scope of Work, the Terms of Payment, and the Standard Terms and Conditions. I authorize 1SA to begin work immediately following 1SA's receipt of the requested Items Necessary for Project Start. PRINTED NAME REPRESENTING (IF APPLICABLE) AUTHORIZING SIGNATURE DATE Please return this signed Agreement for Professional Services to Jeff Samdal & Associates, along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, Discover). Checks should be made payable to Jeff Samdal & Associates. All returned checks are subject to a $35 processing fee. If paying by credit card, please contact us via phone. FAX: 425.825.9090 EMAIL: jeff@samdalassoc.com MAIL: PO Box 2489, Woodinville, WA 98072 Page 13 of 151 Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, WA 98168 dated November 28, 2017 PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Address of Property: 11231 East Marginal Way S Tukwila, WA 98168 Number of Buildings: 2 Gross Square Feet: 26,450 / 4,069 Year Constructed: 1975 Other: CONTACT INFORMATION All correspondence, product delivery, and property access will be coordinated through this contact Contact Person & Title: Company (if applicable): Address: Phone Number(s): office/home mobile Email(s): HISTORICAL PROBLEMS WITH THE BUILDING(S) THAT ARE KNOWN Please describe below any reported problems with moisture entry and the remediation that was performed Page 14 of 151 Jeff Samdal & Associates, Inc.] www.samdalassoc.com i P: (206) 412-4305 1 F: (425) 825-9090 Professional Properly Condition Assessment Proposal for 11231 East Marginal Way S, Tukwila, OVA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES REQUEST FOR ADDITIONAL INFORMATION We would appreciate your cooperation in providing us any and all information pertinent to analyzing this property. This information will be helpful in delivering the most accurate and complete Property Condition Assessment possible. Information that is helpful includes: ■ Drawings of the property ■ Capital maintenance records associated with building repairs ■ Previous reports on the property ■ Any other information regarding existing or on -going problems with the property All documents and records will be returned to our designated contact person. Page 15 of 15 I Jeff Samdal & Associates, Inc. www.samdalassoc.com P: (206) 412-4305 F: (425) 825-9090 EXHIBIT C JEFF SAMDAL &ASSOCIATES Property Condition Assessment Professional Services Proposal 11234 Tukwila International Blvd Tukwila, WA 98168 For: City of Tukwila c/o Rachel Bianchi Communications Director 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Prepared Bv: Jeff Samdal, PE, RS, PRA Principal jeff@samdalassoc.com (206) 412-4305 Date Prepared: November 28, 2017 Valid Through: February 28, 2018 Jeff Samdal & Associates, Inc. I Woodinville, WA I www.samdalassoc.com I P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 111 tt ! R�� t Fa'1 ,i:: JEFF SAMDAL i ASSOCIATES TABLE OF CONTENTS TABLE OF CONTENTS 2 INTRODUCTION 3 PROPOSED SERVICES / SCOPE OF WORK 4 QUALIFICATIONS 6 PROJECT FEE 7 STANDARD TERMS AND CONDITIONS 8 * * * How to Accept This Proposal * * * 12 AGREEMENT FOR PROFESSIONAL SERVICES 13 PROPERTY INPUT SHEET 14 REQUEST FOR ADDITIONAL INFORMATION 15 Page 2 of I5 1 JeffSamdal & Associates, Inc. 1 www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL ASSOCIATES INTRODUCTION Jeff Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to City of Tukwila. These services will be performed at the property located at: 11234 Tukwila International Blvd, Tukwila, WA 98168. This proposal is based on our understanding of the property and the desires of you, the Client. This understanding comes from our correspondence with D1 Baxter or Shiels, Obletz, & Johnson on November 22, 2017 and King County Records. The purpose of this study is to provide a PCA that meets or exceeds standard requirements defined by American Society for Testing and Materials (ASTM) Standard E 2018-08. We recommend that you refer to that document for more information, http://www.astm.org, and search for PCA. Jeff Samdal & Associates, Inc. is an inspection and engineering company licensed in the State of Washington that provides high quality inspections and engineering services to property owners and property purchasers. Jeff Samdal, P.E. is the owner and operator of the company and will be the Project Manager on this Project. The following proposal is intended to provide you with knowledge about our company, our approach, our proposed services and deliverables. We believe that we are the best choice to provide these services based on: • Significant experience as a company evaluating properties of all varieties. • Jeff Samdal, PE is the Project Manager selected to evaluate your property. He is expertly qualified, rivaling the most experienced and best credentialed in the industry; including: o Professional Engineer (PE) in both Mechanical Engineering and Civil Engineering / Washington State o Building Inspection Engineer (BIE) / National Association of Building Inspection Engineers (NABIE) o Structural Pest Inspector (SPI) / Washington State o Reserve Specialist (RS) / Community Association Institute (CAI) o Professional Reserve Analyst (PRA) / Association of Professional Reserve Analysts o BS Mechanical Engineering / University of Washington Page 3 of 151 Jeff Samdal & Associates, Inc. 1 www.samdalassoc.com P: (206) 412-4305 (F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL LcASSOC] ATES PROPOSED SERVICES / SCOPE OF WORK PROPERTY DESCRIPTION The property consists of one 3,232 square foot building consisting of retail space. As we understand, the building was originally constructed in 1959. There is also a 400 square foot coffee hut on this property. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phase I — Information Gathering: Our initial task will be information gathering. We will need to speak with a representative of the owner(s) and/or the building manager to gain a sense of the general status of the property. Please provide copies of any of the following documents that are available: • Drawings of the property • Maintenance records • Capital maintenance invoices • Previous reports on the property • Any other information regarding existing or on -going problems with the property Phase 11—On-site Inspection and Analysis: Following the initial correspondence regarding the property, we will perform a complete inspection of the property to provide our opinion of the current condition of the building components. This is a visual inspection and no invasive or destructive testing will be performed unless otherwise agreed to. We will also provide our opinion of the anticipated capital expenditures that will likely be necessary over the next 12 years. Our inspection of the property will include a visual inspection of the following components: • Parking Lot and Site Features • Site Drainage in vicinity of the structure(s) • Structure • Roof(s) • Exterior • Electrical Systems • Plumbing Systems • HVAC Systems • Fire Detection and Suppression • Elevator(s) We will operate accessible mechanical systems that can normally and easily be operated without specific training. If there is a desire by our client to test special systems, than we will require a qualified operator of such systems. This will likely need to be supplied by the current building owner. Any mechanical system that was not operated during our inspection will be noted in our report. Additional Expertise To aid in the assessment of complex systems, we often utilize sub -contractors such as structural engineer(s), electrical engineer(s), and HVAC technician(s). The degree to which we utilize sub -contractors will depend on the size and complexity of each system, and as deemed appropriate by Jeff Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page 4 of 15 j Jeff Sandal & Associates, Inc. i www.sandalassoc.com i P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 4..41 JEFF SAMDAL &ASSOCIATES 12-Year Capital Expenditures Planning We consider anticipated capital needs to be major expenses that can be reasonably predicted. Anticipated capital needs are not considered routine maintenance such as routine landscaping or touch-up paint; routine maintenance should be taken care of through an operating budget. Nor do we consider anticipated capital needs to be expenditures that result from an accident or an unpredictable event, such as flood damage or earthquake damage; these items should be paid for by insurance. Phase 111— Property Condition Report: We will provide the client with a Property Condition Report that: 1. Identifies and describes the major components of the property. 2. Lists the items of immediate repair/replacement and provides a rough order of magnitude of the costs required. 3. Forecasts the anticipated schedule of capital expenditures of the property over the next 12 years and provides a rough order of magnitude in 2017 dollars of the costs required. We will create two official bound reports that will be mailed or delivered to the requested address. An electronic copy will also be sent for your convenience and future use. Additional copies requested (beyond 2) will be charged an additional fee (see Standard Terms and Conditions). PROJECT SCHEDULE We will coordinate with our designated contact person at the beginning of the project for a more defined timeline; including gathering appropriate information and arranging an on -site property inspection that includes gaining access to all appropriate areas of the property. Start Date: We will consider the start date of this project the day that we have received (1) a completed Agreement for Professional Services, (2) Project Retainer, and (3) any Supporting Documentation providing information about the property. Phase 1— Information Gathering: In most instances we are able to meet with the appropriate property representative to begin information gathering within one week of the start date. Phase 11— On -site Inspection and Analysis: The on -site inspection is most often scheduled for the same day as the meeting with the property representative. In instances where this is not practical, we are typically available within one week of the meeting with the property representative. Phase 111 — Completed Report: After we have received all pertinent information and we have completed the on -site inspection, we will present a completed Property Condition Report within one week. We understand the time sensitivity of real estate transactions and we make every effort to provide our clients with a completed report with the shortest turnaround time that we can. If there is a particular time sensitivity that requires a quicker turnaround than we have described above, please let us know and we will do all we can to accommodate your needs. Page 5 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234'Tukwila International Blvd, Tukwila, WA 98168 dated November 28,20 JEFF SAMDAL &ASSOCIATES QUALIFICATIONS ABOUT JEFF SAMDAL & ASSOCIATES, INC. (JS&A) JS&A is a professional building inspection and engineering company based in Woodinville that provides high quality building inspections, financial analyses, project management solutions, and related services to property owners and purchasers from the perspective of Professional Engineers, Reserve Specialists, and real estate enthusiasts. Our philosophy is simple: Be the very best at what we do. We focus on quality, not quantity, and each property -- with its unique set of features -- is treated as if it were our own. We form strategic partnerships with owners and property managers that are meant to last. ABOUT JEFF SAMDAL Jeff Samdal, PE, RS, PRA is the Owner of the company and is the proposed Project Manager for these services. As the company's founder and primary building inspector, Jeff consistently earns accolades because of his attention to detail, practical approach, knowledge of the industry, and genuine appreciation for clients' concerns for their real estate investments. He has performed over 2,000 building inspections, reserve studies, and related services over the last five years for building owners, homeowners, associations, government agencies, lenders, insurers, and more. His credentials rank amongst the best in the industry, and include: ■ Dual Licensed Professional Engineer (PE) - Civil & Mechanical, Washington State ■ Accredited Reserve Specialist (RS) - Community Associations Institute (CAI) • Professional Reserve Analyst (PRA) - Association of Professional Reserve Analysts (APRA) ■ Building Inspection Engineer (BIE) - National Academy of Building Inspection Engineers (NABIE) ■ Structural Pest Inspector (SPI) - Washington State • Licensed Home Inspector - Washington State Jeff has been owner and operator of Jeff Samdal & Associates / Samdal Engineering since 2005. Before concentrating on building inspections, Jeff worked for a large engineering firm in their Hydropower and Water Resources Group. He was involved in rebuilding and rehabilitating hydro facilities, and served as the on -site powerhouse and switchyard inspector during construction. Duties included design, drawing and specification preparation, cost estimating, scheduling, and construction management. Page 6 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 P: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL ,&ASSOCIATES PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $1,600 PAYMENT SCHEDULE Project Retainer: No Retainer Due up front. The project retainer must be received along with a completed and signed Agreement for Professional Services before work can begin. Project Balance: $1,600 Balance due following submittal of report for Client review. The terms of payment are subject to our Standard Terms and Conditions. Page 7 of 151 Jeff Samdal & Associates, Inc. www.samdalassoc.com 1 P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL & ASSOCIATES STANDARD TERMS AND CONDITIONS 1.0 SERVICE STANDARDS Jeff Samdal & Associates (JSA) is dedicated to providing City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by JSA under this agreement will be the care and skill ordinarily used by members of the subject profession practicing under similar circumstances at the same time and in the same locale. JSA makes no warranty, express or implied, in connection with services performed or furnished. JSA may use or rely upon the services of others, including, but not limited to, sub -contractors, sub -consultants, manufacturers, and distributors. Client recognizes that interpretations and recommendations of JSA are based solely on the information available to JSA. JSA will be responsible for those data, interpretations and recommendations, but shall not be responsible for the interpretation by others of the information developed. 2.0 FEES AND EXPENSES All consulting services performed will be billed in accordance with the fee schedule listed below plus necessary out of pocket costs. Inspections and other services that are bid at a predetermined lump sum fee have been bid with the following hourly rate schedule as the basis for each proposal. Current hourly rates are as follows: Principal Engineering $135/hr Project Management $135/hr Staff Engineering Drafting Administrative $105/hr $ 85/hr $ 65/hr All mileage driven in conjunction with this Project will be billed at the current Federal mileage rate. All equipment rentals necessary for the job will be charged directly to the Client at cost plus 10 percent. Out-of- pocket costs such as printing, word processing, reproduction, special consultant fees, permits, special equipment, extraordinary insurance, fares, telephone, overnight lodging or meals expense, and other similar Project -related costs are billed at cost plus 10 percent. 3.0 TERMS OF PAYMENT JSA requires a retainer fee to be paid prior to commencing any work on a Project. Extended engagements may require interim invoicing on a monthly basis or other pre -determined and agreed upon schedule. We will issue a final invoice at the same time that we issue a completed report and/or at the conclusion of our service on the Project. Payment of each invoice is due upon delivery of invoice, unless credit terms have been established and are included in our Project Agreement. Failure to pay invoices within the allotted time period will constitute a breach of contract and may result in suspension of work until such time as all overdue payments are made in full. Should any suspension occur because of overdue payments, the time for contract completion, if any is stated, shall be extended by the period of the suspension. Page 8 of 15 I JeffSamdal & Associates, Inc. I www.samdalassoc.com P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES All outstanding invoiced balances remaining unpaid for thirty (30) days after date of invoice will be charged a finance charge in the amount of 1% percent per month from the date of invoice, with the annual percentage rate being 18 percent, computed on a monthly basis. In the event that any invoice remains unpaid and it becomes necessary (in the opinion of JSA) to initiate collection procedures, the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by JSA and all court costs at our standard billing rate for time necessitated in court appearances or presentation of claim to the appropriate court jurisdiction. Exceptions to the "Terms of Payment" must be specified in writing as part of the Project Agreement. 4.0 GENERAL LIABILITY INSURANCE JSA represents and warrants that it is protected by General Liability Insurance and has such coverage that JSA deems adequate. Certificates of General Liability Insurance shall be provided to the Client upon request in writing. JSA shall not be responsible for any loss, damage or liability arising from any acts by Client, its agents, staff and other consultants employed by it. 5.0 LIMITS OF LIABILITY To the fullest extent permitted by law, JSA and Client waive against each other, and the other's employees, officers, directors, agents, insurers, partners, and sub -consultants, any and all claims for or entitlement to special, incidental, indirect, or consequential damages arising out of, resulting from, or in any way related to the Project. JSA's total liability to Client under this agreement shall be limited to $25,000 or the total amount of compensation received by JSA, whichever is greater, by reason of any act or omission, including breach of contract or negligence. 6.0 INDEMNIFICATION BY OTHERS JSA will note all observations that are visible on the date(s) of the investigation pertaining to the scope of work. We will perform all tasks and prepare documentation for the exclusive use of the Client. JSA does not intend any other individual or party to rely upon our work products without our express written consent. If another individual or party relies on the work products that we provide, they shall indemnify and hold JSA harmless for any damages, losses, or expenses they may incur as a result of the use of these work products. 7.0 OWNERSHIP OF DOCUMENTS All reports, design documents, calculations, estimates and other documents prepared by JSA are instruments of service, and JSA retains ownership and property interest, including the copyright and right of reuse in such documents, whether or not the Project is completed. Client agrees that all reports furnished to Client or his agents, which are not paid for, will be returned upon demand and will not be used by Client for any purpose whatsoever. JSA will retain all pertinent records relating to the services performed for a period of five years following submission of the report, during which period the records will be made available to Client at all reasonable times. Page 9 of I5 1 Jeff Samdal & Associates, Inc. I www.samdalassoc.com ] P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 JEFF SAMDAL ASSOCIATES 8.0 COPIES OF DOCUMENTS JSA agrees to provide two hard copies of the final report, including all other final deliverables relating to the services performed. Additional copies may be provided upon request for a fee of $20 each at JSA's discretion. Any electronic copies that may be provided to Client are solely for the convenience of the Client and are not to be considered the final work product. JSA will provide a final report on its letterhead or in the event that the Client declines such a copy, shall retain a copy of the final report in its files. 9.0 TERMINATION OF CONTRACT This agreement may be terminated at any time by either JSA or Client by written notice. In the event of termination, ISA shall be paid for services performed and expenses incurred up to the termination notice date, plus any expenses resulting from the termination. 10.0 ASSIGNMENT OF CONTRACT Neither JSA nor Client may delegate, assign, sublet or transfer his duties or interest in this agreement without the written consent of the other party. 11.0 JSA RELATIONSHIPS TO CONTRACTORS JSA shall not at any time supervise, direct, or have control over any contractor's work, nor shall JSA have authority over or responsibility for the means, methods, techniques, sequences, or procedures of construction selected or used by an contractor, for safety precautions and programs incident to a contractor's work progress, nor for any failure of any contractor to comply with laws and regulations applicable to contractor's work. JSA neither guarantees the performance of any contractor nor assumes responsibility for any contractor's failure to furnish and perform its work in accordance with the contract between Client and such contractor. JSA shall not be responsible for the acts or omissions of any contractor, subcontractor, or supplier, or of any contractor's agents or employees or any other persons (except 1SA's own employees or sub -consultants) at the Project site or otherwise furnishing or performing any of construction work; or for any decision made on interpretations or clarifications of the construction contract given by Client without consultation and advice of JSA. 12.0 DISPUTES Any controversy or claim arising out of or relating to this agreement or the breach thereof shall be settled by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association and judgment upon the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. In addition to and prior to arbitration, the parties shall endeavor to settle disputes by mediation in accordance with the Construction Industry Mediation Rules of the American Arbitration Association currently in effect unless the parties mutually agree otherwise. Demand for mediation shall be filed in writing with the other party to this Agreement and with the American Arbitration Association. A demand shall be made within a reasonable time after the claim, dispute, or other matter in question has arisen. In no event shall the demand for mediation be made after the date when institution or legal or equitable proceedings based on such claim, dispute or other matter in question would be barred by the applicable statute or limitations. Page 10 of 15 1 Jeff Samdal & Associates, Inc. ] www.samdalassoc.com 1 P: (206) 412-4305 (F: (425) 825-9090 Professional PropertyCondition Assessment Proposal for 11234 Tukwila International Blvd, TuMvila, WA 98168 dated November 28, 2017 JEFF SAMDAL &ASSOCIATES 13.0 DURATION OF PROPOSAL VALIDITY The terms of all proposals are valid for a period of 90 days from the proposal date. 14.0 ACCEPTABLE METHOD TO MAKE CHANGES TO CONTRACT This agreement constitutes the entire agreement between Client and JSA and supersedes all prior written or oral understandings. This agreement may only be amended, supplemented, modified, or canceled by a new signed agreement. Page 11 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 . SMF JEFF SAMDAL t,zASSOCIATES * * * How to Accept This Proposal * * To accept this proposal, please review the following pages and complete/return the following: • Agreement for Professional Services • Property Input Sheet • Additional Information • Payment for Project Retainer Page 12 of 151 JeffSamdal & Associates, Inc. 1 www.samdalassoc.com I P: (206) 412-4305 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 114 JEFF SAMDAL NASSOCIATES AGREEMENT FOR PROFESSIONAL SERVICES This is an Agreement for Professional Services between City of Tukwila (Client) and Jeff Samdal & Associates, Inc. (JSA). The Client authorizes JSA to begin professional services as described in the SCOPE OF WORK; part of the Proposal for Professional Services for a Property Condition Assessment to City of Tukwila, dated November 26, 2017. TERMS OF PAYMENT Total Lump Sum Fee: $1,600 Project Retainer: No Retainer Project Balance: $1,600 Due following completion of report. The terms of payment are subject to our Standard Terms and Conditions. ITEMS NECESSARY FOR PROJECT START Before services begin, the following items must be completed and returned: 1. Agreement for Professional Services (this page) 2. Property Input Sheet (next page) 3. Project Retainer (listed above) — paid by check or credit card CLIENT AUTHORIZATION By signing below, I certify that I am the appropriate representative for the Client mentioned above. I agree to the proposed Scope of Work, the Terms of Payment, and the Standard Terms and Conditions. I authorize JSA to begin work immediately following JSA's receipt of the requested Items Necessary for Project Start. PRINTED NAME REPRESENTING (IF APPLICABLE) AUTHORIZING SIGNATURE DATE Please return this signed Agreement for Professional Services to Jeff Samdal & Associates, along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, Discover). Checks should be made payable to Jeff Samdal & Associates. All returned checks are subject to a $35 processing fee. If paying by credit card, please contact us via phone. FAX: 425.825.9090 EMAIL: jeff@samdalassoc.com MAIL: PO Box 2489, Woodinville, WA 98072 Page 13 of 15 I Jeff Samdal & Associates, Inc. I www.samdalassoc.com I P: (206) 412-4305 1 F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International BIvt1, Tukwila, WA 98168 dated November 28, 2017 (� 1' , ' •t JEFF SAMDAL ASSOCIATES PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Address of Property: 11234 Tukwila International Blvd Tukwila, WA 98168 Number of Buildings: 1 Gross Square Feet: 3,232 Year Constructed: 1959 Other: Additional 400 sf coffee hut on site CONTACT INFORMATION All correspondence, product delivery, and property access will be coordinated through this contact Contact Person & Title: Company (if applicable): Address: Phone Number(s): office/home mobile Email(s): HISTORICAL PROBLEMS WITH THE BUILDING(S) THAT ARE KNOWN Please describe below any reported problems with moisture entry and the remediation that was performed Page 14 of 15 Jeff Samdal & Associates. Inc. 1 www.samdalassoc.com i P: (206) 412-4305 I F: (425) 825-9090 Professional Property Condition Assessment Proposal for 11234 Tukwila International Blvd, Tukwila, WA 98168 dated November 28, 2017 d��ii t y\ JEFF SAMDAL &ASSOCIATES REQUEST FOR ADDITIONAL INFORMATION We would appreciate your cooperation in providing us any and all information pertinent to analyzing this property. This information will be helpful in delivering the most accurate and complete Property Condition Assessment possible. Information that is helpful includes: ■ Drawings of the property • Capital maintenance records associated with building repairs • Previous reports on the property • Any other information regarding existing or on -going problems with the property All documents and records will be returned to our designated contact person. Page 15 of 15 I Jeff Samdal & Associates, Inc. www.samdalassoc.com I P: (206) 4 12-4305 I F: (425) 825-9090