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HomeMy WebLinkAbout21-060 - Jeff Samdal & Associates - Property Condition AssessmentCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA98188 CONTRACT FOR SERVICES Contract Number: 21-060 Council Approval N/A This Agreement is entered into by and between the City of Tukwila, Washington, a non -charter optional municipal code city hereinafter referred to as "the City," and Jeff Samdal & Associates, hereinafter referred to as "the Contractor," whose principal office is located at PO Box 2489 Woodinville, WA 98072. WHEREAS, the City has determined the need to have certain services performed for its citizens but does not have the manpower or expertise to perform such services; and WHEREAS, the City desires to have the Contractor perform such services pursuant to certain terms and conditions; now, therefore, IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties hereto agree as follows: 1. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall perform those services described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth. In performing such services, the Contractor shall at all times comply with all Federal, State, and local statutes, rules and ordinances applicable to the performance of such services and the handling of any funds used in connection therewith. The Contractor shall request and obtain prior written approval from the City if the scope or schedule is to be modified in any way. 2. Compensation and Method of Payment. The City shall pay the Contractor for services rendered according to the rate and method set forth on Exhibit B attached hereto and incorporated herein by this reference. The total amount to be paid shall not exceed $2,200. 3. Contractor Budget. The Contractor shall apply the funds received under this Agreement within the maximum limits set forth in this Agreement. The Contractor shall request prior approval from the City whenever the Contractor desires to amend its budget in any way. 4. Duration of Agreement. This Agreement shall be in full force and effect for a period commencing March 15, 2021, and ending December 31, 2021 unless sooner terminated under the provisions hereinafter specified. 5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect to the Contractor, or any employee of the Contractor. 6. Indemnification. The Contractor shall defend, indemnify and hold the Public Entity, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this Agreement, except for injuries and damages caused by the sole negligence of the Public Entity. CA Revised May 2020 Page 1 of 4 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 Contractor and the Public Entity, its officers, officials, employees, and volunteers, the Contractor's liability hereunder shall be only to the extent of the Contractor's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the Contractor'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. 7. Insurance. The Contractor 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 Contractor, their agents, representatives, employees or subcontractors. Contractor's maintenance of insurance, its scope of coverage and limits as required herein shall not be construed to limit the liability of the Contractor 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 Scope of Insurance. Contractor 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 $2,000,000 each occurrence, $2,000,000 general aggregate and $2,000,000 products -completed operations aggregate limit. Commercial General Liability insurance shall be as least at broad as ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, products -completed operations, stop gap liability, personal injury and advertising injury, and liability assumed under an insured contract. The Commercial General Liability insurance shall be endorsed to provide a per project general aggregate limit using ISO form CG 25 03 05 09 or an equivalent endorsement. There shall be no exclusion for liability arising from explosion, collapse or underground property damage. The City shall be named as an additional insured under the Contractor's Commercial General Liability insurance policy with respect to the work performed for the City using ISO Additional Insured endorsement CG 20 10 10 01 and Additional Insured -Completed Operations endorsement CG 20 37 10 01 or substitute endorsements providing at least as broad coverage. 3. Workers' Compensation coverage as required by the Industrial Insurance laws of the State of Washington. B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher insurance limits than the minimums shown above, the Public Entity shall be insured for the full available limits of Commercial General and Excess or Umbrella liability maintained by the Contractor, irrespective of whether such limits maintained by the Contractor are greater than those required by this Contract or whether any certificate of insurance furnished to the Public Entity evidences limits of liability lower than those maintained by the Contractor. C. Other Insurance Provision. The Contractor'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 Contractor's insurance and shall not contribute with it. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A: VII. CA Revised May 2020 Page 2 of 4 E. Verification of Coverage. Contractor 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 Contractor before commencement of the work. Upon request by the City, the Contractor shall furnish certified copies of all required insurance policies, including endorsements, required in this Agreement and evidence of all subcontractors' coverage. F. Subcontractors. The Contractor shall cause each and every Subcontractor to provide insurance coverage that complies with all applicable requirements of the Contractor -provided insurance as set forth herein, except the Contractor shall have sole responsibility for determining the limits of coverage required to be obtained by Subcontractors. The Contractor shall ensure that the Public Entity is an additional insured on each and every Subcontractor's Commercial General liability insurance policy using an endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20 37 10 01 for completed operations. G. Notice of Cancellation. The Contractor shall provide the City and all Additional Insureds for this work with written notice of any policy cancellation, within two business days of their receipt of such notice. H. Failure to Maintain Insurance. Failure on the part of the Contractor 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 Contractor 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 Contractor from the City. 8. Record Keeping and Reporting. A. The Contractor shall maintain accounts and records, including personnel, property, financial and programmatic records which sufficiently and properly reflect all direct and indirect costs of any nature expended and services performed in the performance of this Agreement and other such records as may be deemed necessary by the City to ensure the performance of this Agreement. B. These records shall be maintained for a period of seven (7) years after termination hereof unless permission to destroy them is granted by the office of the archivist in accordance with RCW Chapter 40.14 and by the City. 9. Audits and Inspections. The records and documents with respect to all matters covered by this Agreement shall be subject at all times to inspection, review or audit by law during the performance of this Agreement. 10. Termination. This Agreement may at any time be terminated by the City giving to the Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to provide products on schedule may result in contract termination. If the Contractor's insurance coverage is canceled for any reason, the City shall have the right to terminate this Agreement immediately. 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, the presence of any disability, or any other protected class status under state or federal law, in the selection and retention of employees or procurement of materials or supplies. 12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of the services contemplated by this Agreement without the written consent of the City. 13. Entire Agreement: Modification. This Agreement, together with attachments or addenda, represents the entire and integrated Agreement between the City and the Contractor 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 May 2020 Page 3 of 4 14. 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. 15. Notices. Notices to the City of Tukwila shall be sent to the following address: City Clerk, City of Tukwila 6200 Southcenter Blvd. Tukwila, Washington 98188 Notices to the Contractor shall be sent to the address provided by the Contractor upon the signature line below. 16. Applicable Law: Venue: Attorney's Fees. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 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. TH DATED this day of / 4ii-1C-GOA1 2021. CITY OF TUKWILA CONTRACTOR c eJ<z c e Rachel Bianchi, Deputy City 04/06/2021 Administrator CA Revised May 2020 By: C t= . ame and Title: �sr..,p4-�G Address: 7w4 -v4- /VC I/U ©pi^,vr—E W4 'W 7Z Page 4 of 4 Iffh SAM DAL 9 ASSOCIATES Property Condition Assessment Professional Services Proposal Fire Station 52 5900 South 147th Street, Tukwila, WA 98168 For: City of Tukwila c/o Rachel Bianchi Communications Director 6200 South Center Blvd, Suite 100 Tukwila, WA 98188 (206) 431-2455 Prepared By: Jeff Samdal, PE, RS, PRA Principal jeff@samdalassoc.com (206) 412-4305 EXHIBITS A & B Date Prepared: March 17, 2021 Valid Through: June 17, 2021 Samdal & Associates, Inc. 1 Woodinville, WA 1 www.samdalassociates.com 1P: (206) 412-4305 SAMDAIL F3ASSOC IF [. Y Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 INTRODUCTION Samdal & Associates, Inc. is pleased to present this professional services proposal for Property Condition Assessment (PCA) to the City of Tukwila. These services will be performed at Fire Station 52, located at: 5900 South 147th 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 Rachel Bianchi on March 16, 2021 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. 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 Samdal & Associates, Inc. I www.samdalassociates.com P: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 PROPOSED SERVICES / SCOPE OF WORK PROPERTY DESCRIPTION The property consists of one former fire station consisting of approximately 3,300 square feet. As we understand, the building was originally constructed in 1971. PROPOSED SERVICE: PROPERTY CONDITION ASSESSMENT Phase 1— 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) • All Accessible Interior Areas 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 Samdal & Associates. The cost of hiring anticipated additional expertise is included in the lump sum fee for this PCA. Page 4 of 15 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 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 2021 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 QUALIFICATIONS ABOUT 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 well over 4,000 building inspections, reserve studies, and related services over the last 16 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 Samdal & Associates since 2005. Additionally, Jeff has been the co-owner and president of True North Construction Management since 2017, which is informative in obtaining current construction costs and keeping up to date with modern construction methods and construction products. Prior to 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. Jeff lives in Woodinville with his wife and 2 children and has been involved with many of their activities as a Little League coach, a scout leader, a personal fitness coach, among other activities. Page 6 of 15 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAIL F3ASSOC IAT [. Y Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 PROJECT FEE IN TOTAL The total lump sum fee for this Property Condition Assessment is: $2,200 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: $1,100 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAIL F3ASSOC IAT [. Y Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 STANDARD TERMS AND CONDITIONS 1.0 SERVICE STANDARDS Samdal & Associates (ISA) is dedicated to providing the City of Tukwila (Client) with quality service. The standard of care for all services performed or furnished by ISA 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. ISA makes no warranty, express or implied, in connection with services performed or furnished. ISA 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 ISA are based solely on the information available to ISA. ISA 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 ISA 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS LyOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 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%z 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 ISA) to initiate collection procedures, the Client hereby agrees to pay all collection costs including, but not limited to, reasonable fees for attorneys retained by ISA 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 ISA represents and warrants that it is protected by General Liability Insurance and has such coverage that ISA deems adequate. Certificates of General Liability Insurance shall be provided to the Client upon request in writing. ISA 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, ISA 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. ISA's total liability to Client under this agreement shall be limited to $25,000 or the total amount of compensation received by ISA, whichever is greater, by reason of any act or omission, including breach of contract or negligence. 6.0 INDEMNIFICATION BY OTHERS ISA 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. ISA 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 ISA 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 ISA are instruments of service, and ISA 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. ISA 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 8.0 COPIES OF DOCUMENTS ISA 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 ISA'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. ISA 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 ISA 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 ISA 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 ISA shall not at any time supervise, direct, or have control over any contractor's work, nor shall ISA 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. ISA 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. ISA 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 ISA'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 ISA. 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAIL F3ASSOC IAT [. Y Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 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 151 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 * * * 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IFI ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 AGREEMENT FOR PROFESSIONAL SERVICES This is an Agreement for Professional Services between the City of Tukwila (Client) and Samdal & Associates, Inc. (ISA). The Client authorizes ISA to begin professional services as described in the SCOPE OF WORK; part of the Proposal for Professional Services for a Property Condition Assessment at Fire Station 52, dated March 17, 2021. TERMS OF PAYMENT Total Lump Sum Fee: $2,200 Project Retainer: No Retainer Project Balance: $1,100 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 ISA to begin work immediately following ISA'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 Samdal & Associates, along with the appropriate Project Retainer, and the completed Property Input Sheet. We accept checks and credit card payments (VISA, MasterCard, AMEX, Discover). Checks should be made payable to 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAIL F3ASSOC IAT [. Y Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 PROPERTY INPUT SHEET GENERAL PROPERTY INFORMATION Name of Property: Fire Station 52 Address of Property: 5900 South 147th Street Tukwila, WA 98168 Number of Buildings: 1 Gross Square Feet: 3,300 Year Constructed: 1971 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 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305 SAMDAL tD AS SOC IAT ES Professional Property Condition Assessment Proposal for Fire Station 52 dated March 17, 2021 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 151 Samdal & Associates, Inc. I www.samdalassociates.com IP: (206) 412-4305