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HomeMy WebLinkAbout10-070 - Percival & Associates LLC - Real Estate AppraisalCONSULTANT AGREEMENT FOR REAL ESTATE APPRAISAL SERVICES THIS AGREEMENT is enter into betweep th f City of Tukwila, Washington, hereinafter referred to as "the City and i�Z F S (X hereinafter referred to as "the Consultant," in consideration of the mutual benefits, terms and conditions hereinafter specified. 10 -070 Council Approval N/A 1. Project Desigpatio Th e Consultant is retained by the City to perform /IQ/ Q/ services in connection with the project designated 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. Time for Performance. Work under this contract shall commence upon the giving of 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 within 6, calendar days from the date written notice is given to proceed, 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 4, (7t?C> c o 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 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. CIZ /6 /VA-CS E. The Consultant's records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City and state 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 to be rendered under this Agreement. 7. Indemnification. The Consultant shall indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, including attorney's fees, arising from injury or death to persons or damage to property occasioned by any act, omission or failure of the Consultant, its officers, agents and employees, in performing the work required by this Agreement. With respect to the performance of this Agreement and as to claims against the City, its officers, agents and employees, the Consultant expressly waives its immunity under Title 51 of the Revised Code of Washington, the Industrial Insurance Act, for injuries to its employees, and agrees that the obligation to indemnify, defend and hold harmless provided for in this paragraph extends to any claim brought by or on behalf of any employee of the Consultant. This waiver is mutually negotiated by the parties. This paragraph shall not apply to any damage resulting from the sole negligence of the City, its agents and employees. To the extent any of the damages referenced by this paragraph were caused by or resulted from the concurrent negligence of the City, its agents or employees, this obligation to indemnify, defend and hold harmless is valid and enforceable only to the extent of the negligence of the Consultant, its officers, agents and employees. 8. Insurance. The Consultant shall secure and maintain in force throughout the duration of this contract comprehensive general liability insurance, with a minimum coverage of $500,000 per occurrence and $1,000,000 aggregate for personal injury; and $500,000 per occurrence /aggregate for property damage, and professional liability insurance in the amount of $1,000,000. Said general liability policy shall name the City of Tukwila as an additional named insured and shall include a provision prohibiting cancellation of said policy except upon thirty (30) days prior written notice to the City. Certificates of coverage as required by 2 this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 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, color, national origin, religion, creed, age, sex or the presence of any physical or sensory handicap 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, 3 CITY OF TUKWILA 16. Notices. Notices to the City of Tukwila shall be sent to the following address: Attest/Authenticated: 15. Attorneys Fees and Costs. In the event either party shall bring suit against the other to enforce any provision of this Agreement, the prevailing party in such suit shall be entitled to recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 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. City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Notices to Consultant shall be sent to the following address: i7 L,L cr Ltrw,u. 4 9 yo/ 17. Integrated Agreement. 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. This Agreement may be amended only by written instrument signed by both the City and the Consultant. DATED this 2-c day of Ma i/ Christy O'Flah(ty, tMC, City Clefrk CONSULTANT By: Title Approved as to Form: a 0 1 O cejthe C ty Attorney 4 Parcel 3347400300 3623049037 3365901275 Cxnicrit H Scope of Work for Percival and Associates Real Estate Appraisal Services BACKGROUND The City of Tukwila (City) is reviewing it's options for surplusing and sale (or lease) of select City -owned properties. Percival and Associates, LLC (Percival) was selected from a competitive process after asking for proposals from a dozen firms listed on the MRSC Rosters. The City would like to contract with Percival and Associates for Real Estate Appraisal Services The nature of the work is described in more detail in the scope of work that follows. TYPE OF CONTRACT AND PAYMENT The City will reimburse Percival and Associates on the basis of actual costs incurred (time and expenses). The City and Percival estimate that the total costs will not exceed $6,000, which is the maximum allowed under this contract without amendment. Moreover, Percival will strive to complete the work for $6,000, and will not exceed that amount without approval from the City. Percival will bill the City monthly for actual costs and will keep the City informed on cumulative costs and progress. SCOPE OF SERVICES Percival will provide appraisal summary reports on 3 City -owned properties: Address 12026 42nd Ave S 2140 SW 43rd 14475 59th Ave S Description /Location Old Fire Station 53 S 180th/W Valley Highway Old Library/City Hall Exhibit B Budget Summary for Percival and Associates, LLC Real Estate Appraisal Services SUMMARY OF SCHEDULE AND BUDGET Percival will not exceed a total cost of $6,000 without written approval and contract amendments approved by the City. The deadline for final reports from Percival is 60 days from written Notice to Proceed. Insures the following policyholder for the coverages indicated below: Policyholder PERCIVAL, MARK Address of policyholder PO BOX 2272, TACOMA, WA 98401 4272 Location of operations 4505 PACIFIC HWY E, FIFE, WA 98424 Description of operations BUSINESS The policies listed below have been issued to the policyholder for the policy periods shown. The insurance described in these policies is subject to all the terms, exclusions, and conditions of those policies. The limits of liability shown may have been reduced by any paid claims 98- G4- 1284 -6 F This insurance includes `OCS2E Policy Number Policy Number Policy Number This certifies that Type of Insurance Comprehensive Business Liability City of Tukwila Attn: Bob Giberson, Public Works 6300 Southcenter Blvd, Ste 100 Tukwila, WA 98188 Products Completed Operations Contractual Liability Personal Injury Advertising Injury Workers' Compensation and Employers Liability Type of Insurance Name and Address of Certification Holder Certificate of Insurance x State Farm Fire and Casualty Company, Bloomington, rninols State Farm General Insurance Company, Bloomington, Illinois State Farm Fire and Casualty Company, Aurora, Ontario State Farm Florida Insurance Company, Winter Haven, Florida State Farm Lloyds, Dallas, Texas Policy Period Effective Date Expiration Date 09/15/2009 09/15/2010 Policy Period EXCESS LIABILITY I Effective Date Expiration Date C] Umbrella D Other Policy Period Effective Date Expiration Date Each Occurrence Agent's Code Stamp Agent Code 47 2263/F -0$1 AFO Code Each Occurrence Aggregate Limits of Liability (at beginning of policy period) BODILY INJURY AND PROPERTY DAMAGE 1,000,000.00 2,000,000.00 2,000,000.00 General Aggregate Product Completed Operations Aggregate BODILY INJURY AND PROPERTY DAMAGE (Combined Single Limit) Part 1 Workers Compensation Statutory Part 11 Employers Liability Each Accident Disease Each Employee Disease Policy Limit S Policy Period Limits of Liability Effective Date Expiration Date (at beginning of policy period) THE CERTIFICATE OF INSURANCE IS NOT A CONTRACT OF INSURANCE AND NEITHER AFFIRMATIVELY NOR NEGATIVELY AMENDS, EXTENDS OR ALTERS THE COVERAGE APPROVED BY ANY POLICY DESCRIBED HEREIN. If any of the described policies are canceled before their expiration date, State Farm will try to mail a written notice to the certificate holder days before cancellation. If we fail to mail such notice, no obligation or liability will be imposed on State Farm or its a nts or representatives. /1( Shjrfature o Authorized Representative i> Agent Tale Mike McCluskey Agent Name Telephone Nurnber (253) 475 0753 Date 05/21/10 !05389'6 G0.25.2