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HomeMy WebLinkAbout13-168 - Universal Field Services - Real Property Acquisition Services (Urban Renewal Project)City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 13- 168(a) Council Approval N/A CONTRACT FOR SERVICES Amendment #1 Between the City of Tukwila and Universal Field Services That portion of Contract No. 13 -168 between the City of Tukwila and Universal Field Services is amended as follows: Section 2. 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, 2015, 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 December 31, 2015 unless an extension of such time is granted in writing by the City. All other provisions of the contract shall remain in full force and effect. DATED this day of t��1 ✓ , 2014. CITY OF TUKWILA CONSULTANT ATTEST / UTHENTICATED: City Clerk, risty O'Flaherty APPROVED AS TO FORM: rz11`L fall ♦� Rachel Turpin, City ttorney By: m.t) -P Mitch Legel, No west Regional City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 13-168 Council Approval N/A CONSULTANT AGREEMENT FOR REAL PROPERTY ACQUISITION SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City ", and Universal Field Services, Inc., 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 Real Property Acquisition services in connection with the project titled Urban Renewal. 2. Scope of Services. The Consultant agrees to perform the services, identified on Exhibit "A" 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, 2014, 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 December 31, 2014 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 Exhibit "B" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $30,000.00 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. Universal Field Services, Inc. Page 1 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. Universal Field Services, Inc. Page 2 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. 4. Professional Liability with limits no less 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:VII. 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. Universal Field Services, Inc. Page 3 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. 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. Universal Field Services, Inc. Page 4 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: Universal Field Services Inc. Mitch Legel, Northwest Regional Manager 111 Main St. # 105 Edmonds, WA 98020 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. DATED this rd day of ) C1-01)12C , 2013. CITY OF TUKWILA Attest/Authenticated: City Clerk, Chri O'Flaherty Offic- of the Ci,- ttorn CONSULTANT By: Mitch Legel, No est Regional Manager Approved as to Form: Universal Field Services, Inc. Page 5 UNIVERSAL »ice FIELD SERVICES, INC. City of Tukwila Urban Renewal Project Exhibit A - Scope of Work - Real Property Acquisition Services The City of Tukwila (CITY) designated and adopted an Urban Renewal Area along Tukwila International Boulevard bounded by South 140th St to the north; South 146th St to the south; 37th Avenue South to the west; and 42nd Avenue South to the east. Certain businesses within this area have consumed excessive CITY revenues in regards to extra services required for police and other forms of public services. Under Washington State's Community Renewal Law (formerly Urban Renewal Law — RCW 35.81), the CITY created the Urban Renewal Area to revitalize this blighted area by addressing crime, depreciation of property values, increase job and economic growth. On April 22, 2013, CITY Council approved ordinance number 2401 authorizing the CITY to acquire interests in real property for the purposes of community renewal and providing for the use of condemnation and payments to property owners thereof. With the approval of Ordinance No. 2401, the CITY has the authority to start the acquisition process but is not committed to completing any given transaction without further council approval. The CITY has obtained real property appraisals to be used in the purchase of the properties. There are no federal funds participating in the acquisition process; therefore, no relocation assistance services will be required, unless otherwise directed by the CITY. Universal Field Services, Inc. (UFS) will provide real property acquisition services using procedures specified by the CITY and in accordance with WAC chapter 468 -100, and as directed by the CITY. In summary, this scope of work assumes the total acquisitions of four (4) separate tax parcels in fee simple. See Table A below identifying the parcels to be acquired in their entirety. Additional parcels and real property rights other than shown in Table A will require an amendment to this scope of work and related fee estimate. This scope of work and associated fee estimate is based on the following: 1.) Discussions with CITY staff. 2.) Review of limited public on -line property information. 3.) Assume relocation assistance services will not be provided to property owners, occupants, or owners of personal property. Universal Field Services, Inc. will provide the following: 1. Title /Ownership Review • Perform reviews of title reports provided by the CITY and other available ownership information. • Provide CITY with a parcel summary memo listing ownerships, title exceptions, etc. • Review special exceptions and encumbrances described in each title report and coordinate with the CITY to determine acceptance to remain on title at closing. Universal Field Services, Inc. Page 6 2. Preparation and Administration • Discuss, strategize and document overall acquisition process. • Provide sample acquisition documents for CITY's approval and use (i.e. right of entry permits, offer letters, purchase and sale agreements, escrow instructions, etc.). Forms provided by the CITY will be used if available. • Prepare up to twelve (12) monthly tracking and status report formats and schedule updates. • Prepare parcel acquisition files to include fair offer letters and ancillary documents, a standard negotiations diary form indicating all contacts with owner(s), and other items necessary for negotiations. • Attend up to twelve (12) progress meetings — CITY office. Conference calls can occur if preferred. 3. Real Property Valuation The CITY has completed appraisal reports for each parcel listed in Table A below. It is assumed appraisers are state licensed and qualified to appraise the real property rights according to the Uniform Standards of Professional Appraisal Practices (USPAP) and have correctly identified the larger parcels, confirmed the highest and best use, and employed the appropriate appraisal approach in each appraisal report such as sales comparison, cost and income analysis. Assumptions: • Properties appraised are clean of hazardous materials. • Appraiser defined tenant owned improvements with respective estimated amounts of value 4. Acquisition Negotiation Upon completion of each appraisal report, UFS will coordinate with the CITY for authorization and written approval of the estimated amounts prior to preparing offer packages. With the CITY's approvals, UFS will prepare the appropriate offer package and promptly present offers to property owners. See Table A below for the parcels to be acquired. • Negotiate with each property owner and /or their representative in accordance with statutory and regulatory requirements, to secure the required properties. • Prepare purchase and sale agreements. • Coordinate administrative settlement approvals with the CITY. • Negotiate as necessary with lien holders, assisting escrow in the closing process. • Prepare and maintain parcel files to include fair offer letters, documents, a standard diary form indicating all contacts with owner(s), and other items necessary for negotiations. • Negotiations shall not be deemed to have failed until at least three significant meaningful contacts have been made and documented with each owner and /or their representative to secure the needed right -of -way through direct personal contacts. • Out -of -area owner(s) will be contacted by telephone and by certified mail. • If negotiations reach an impasse, provide CITY with written notification. The filing and cost of condemnation proceedings shall be the responsibility of the CITY. • Additional parcels and real property rights other than described herein will require an amendment to this scope of work and related fee estimate. 5. Relocation It is assumed that relocation assistance will not be provided to property owners or their occupants. . In the event relocation assistance services are required, UFS will provide Relocation Assistance and Advisory Services under the guidelines of the WAC 468 -100 and RCW Title 8. Relocation Assistance and Advisory Services will require an amendment to this scope of work and related fee estimate. Universal Field Services, Inc. Page 7 6. Parcel Closeout — Escrow Closing • Upon securing required acquisition agreements, UFS will submit the necessary documents and closing instructions to the designated Title /Escrow Company. • Assist the Title /Escrow company to obtain release documentation from the encumbrance(s) of public record that are not acceptable to the CITY in order to provide clear title to the property being acquired. • The Escrow Company shall prepare and obtain the owner(s) signature on the necessary closing documents. • Coordinate signatures on closing documents. • Coordinate with the Escrow/Title Company in filing documents with King County. • Deliver completed files to the CITY. City of Tukwila will provide the following: 1. Send introduction letters to property owners as necessary. 2. Designate / approve the Title / Escrow company. 3. Title reports and direct payment to the escrow company for such services. 4. Review and form approval, in electronic format, of all legal conveyance documents prior to use (i.e. right of entry permits, offer letters, purchase & sale agreements, escrow instructions, leases, etc.). 5. Approval of all determinations of value established by the CITY's appraisers, and provide UFS with written authorization prior to offers being made to property owners. 6. Payment of any and all compensation payments to property owners, recording fees, legal services and any incidental costs which may arise necessary to complete each transaction. 7. If available, any pertinent correspondence, contact and diary information with property owners conducted to date between the CITY and property owner(s). TABLE A No. Tax Parcel No. Owner / Taxpayer Current Use Total Parcel Fee Simple 1 004000 -0254 Poll Tukwila LLC Pawn Shop X 2 004000 -0253 Kulloinger Saroya Sahiba LLC Smoke Shop X 2a 004000 -0255 Kulloinger Saroya Sahiba LLC Vacant Land - Strip X 3 004000 -0252 Shiva Enterprises Inc Spruce Motel X Universal Field Services, Inc. Page 8 September 11, 2013 Universal Field Services, Inc. City of Tukwila Urban Renewal Project Exhibit B - Real Property Acquisition - Fee Estimate DIRECT SALARY COSTS (DSC) Personnel Hours Rate Cost 1 Quality Assurance 15.5 X $50.24 = $ 779 2 Project Manager 74.0 X $42.00 = $ 3,108 3 Acquisition Specialist 217.0 X $38.00 = $ 8,246 4 Relocation Specialist 0.0 X $38.00 = $ 5 Sr Administrative Specialist 62.5 X $29.00 = $ 1,813 Total Hours 369 Subtotal DSC = $ 13,945 Overhead (OH) 72.10% of DSC = $ 10,055 Fixed Fee (FF) 30% of DSC = $ 4,184 TOTAL DSC = $ 28,183 DIRECT NONSALARY COSTS (DNSC) Mileage 2160 miles @ $ 0.565 $ 1,220 Miscellaneous Expenses (see note 5 below) $ 300 TOTAL DNSC = $ 1,520 SUBCONSULTANTS Appraisals - N/A (To be provided by the City) $ TOTAL SUBCONSULTANT FEES = $ Notes: 1.) Universal reserves the right to re- negotiate estimate total if Notice to Proceed not provided within 180 days from the date of this estimate. 2.) Mileage to be billed at $0.565 /mile or the approved IRS rate at the time mileage is incurred. 3.) See Table A in the Scope of Work for list of parcels impacted and the real property rights to be acquired from each. 4.) It is assumed the project appraiser has accurately identified the larger parcels, if any. 5.) Reimbursable miscellaneous expenses including but not limited to: mapping; photos; postage; parking; printing; long distance telephone; etc., at cost - no markup. 6.) This fee estimate and related scope of work is based on reviews of limited public online property and owner information, and discussions with City staff. 7.) It is assumed there are no federal funds participating in the project. 8.) It is assumed Relocation Assistance services will not be provided to property owners, occupants or owners of personal property. 1 TOTAL ESTIMATED AMOUNT = $ 29,704 September 11, 2013 City of Tukwila Urban Renewal Project Real Property Acquisition - Estimated Hours and Mileage Universal Field Services, Inc. rvotes i Assumptions: a) It is assumed there are no federal funds participating in the project. b) It is assumed Relocation Assistance services will not be provided to property owners, occupants or owners of personal property. c) It is assumed the City's appraisals define tenant owned improvements with their respective estimated amounts. 2 Rights to be Acquired Negotiation Hours / Mileage Relocation Hours / Mileage No. Tax Pc! No. Owner Current Use Total Parcel - Fee Simple QA PM Neg Admin Mileage QA PM Relo Admin Mileage Relo Type 1 004000 -0254 Poll Tukwilla LLC Pawn Shop X 3 10 65 12 400 2 004000 -0253 Kulloinger Saroya Sahiba LLC Smoke Shop X 3 10 65 12 400 2a 004000 -0255 Vacant Land - Strip X 3 004000 -0252 Shiva Enterprises Inc Spruce Motel X 3 10 65 12 400 Attend 12 progress meeting 6 36 12 6 960 Complete 12 monthly progress reports 0 4 4 8 0 Parcel Summary Memo - Title Exceptions 0 0 0 12 0 Assist City with Introduction Letter 0.5 1 0 0.5 0 Conduct Reviews of City Appraisals (3 each) 0 3 6 0 0 15.5 74 217 62.5 2160 0 0 0 0 0 rvotes i Assumptions: a) It is assumed there are no federal funds participating in the project. b) It is assumed Relocation Assistance services will not be provided to property owners, occupants or owners of personal property. c) It is assumed the City's appraisals define tenant owned improvements with their respective estimated amounts. 2