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HomeMy WebLinkAboutTrans 2012-08-06 Item 2B - Agreement - Tukwila Urban Center Access (Klickitat) LID #33 Final Special Benefit Assessment StudyCity of Tukwila Jim Haggerton, Mayor I bill i T TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director 10 DATE: August 3, 2012 SUBJECT: Tukwila Urban Center Access (Klickitat) Proiect LID No. 33 Final Special Benefit/Proportionate Assessment Study ISSUE Approve a consultant agreement with Macaulay Associates, Ltd. to complete the Local Improvement District (LID) No. 33 Final Special Benefit/Proportionate Assessment Study. BACKGROUND Resolution No. 1698 for the Intent to Form an LID was approved unanimously by City Council on October 26, 2009. Notices were mailed to all property owners of record on October 1, 2009 and included the preliminary assessment amount for each property within the LID boundary. On October 29, 2009, notices were mailed regarding the Notice of Public Hearing. The preliminary assessments were based on the Preliminary Assessment Roll, which was presented at the Public Hearing on September 21, 2009 where Resolution No. 1690 was passed (subsequently superseded by Resolution No. 1698). Ordinance 2260 formed LID No. 33 and was approved on November 16, 2009. Now that the construction project is nearly complete and final costs will soon be known after the final payment is issued to the construction contractor, it is time to prepare the final special benefit/proportionate assessment study. The attached consultant agreement with a fee of $142,800.00 is reasonable based on discussions with our bond counsel and potential LID assessment appeals. Macaulay and Associates, Ltd. completed the initial assessment study and are familiar with the properties in the LID boundary and Tukwila's CBD (Commercial Business District). There is a $1,525,000.00 budget for LID expenses in 2012, which covers the updated assessment and LID guarantee fund. RECOMMENDATION The Council is being asked to approve the consultant agreement with Macaulay Associates, Ltd. in the amount of $142,800.00 for the LID No. 33 Final Special Benefit/Proportionate Assessment Study and consider this item at the August 20, 2012 Regular Consent Agenda. Attachments: Ordinance 2260 Consultant Agreement W: \PW Eng\PROJECTM\A- RW RS ProjectslTUC Access (Klickitat) (96410419)\LID\lNFORMATION MEMO LID #33 Final Assessment Study- sb.doc 13 Washington 14 ordinance 2260 15 "payment by bonds" as defined by law and the ordinances of the City. The exact form, amount-date, interest rate and denominations of such bonds shall be hereafter fixed b- ordinance of the City Council. Such bonds shall be sold in such manner as the City Council shall hereafter determine. Section 6. In all cases where the work necessary to be done in connection with th�& making of said improvement is carried out pursuant to contract upon competitive bids (and the City shall have and reserves the right to reject any and all bids), the call for bids shall include a statement that payment for such work will be made in cash warrants drawn upon the Local Improvement Fund. Section 9. All appeals arising from this ordinance shall be within the jurisdiction of the Tukwila Hearing Examiner. Section 10. If any section, subsection, paragraph, sentence, clause or phrase of this *rdinance or its application to any person or situation should be held to be invalid or unconstitutionality shall not affect the validity or constitutionality of the remaining 1portions of this ordinance or its application to any other person or situation. W \Word Processing\ Ordinances\ Klickitat UD No 31 doc SV:ksn 11/09/2009 M� 16 CITY OF TUKWILA ORDINANCE NO. 2260 EXHIBIT A PROJECTI)ESCRIPTION 'I`U—KV4M— —SMf�Mf#PVEW-F- (Local Improvement District 33) and all other matters necessary for a complete improvement in accordance with City standards. W.\Word Processing\Ordinances\Mickftat LID No 33.doc SV:kbn 11/09/2009 IMM 17 L Y W\Word Processing\ Ordinances\ Klickital LID No 33.doc SV.ksn 11/09/2009 M� 18 KIM I Lwj 0 k I I i 1 11 wmsm e, L403 I WVX '4� w PUP11 111 0 0 I I IM Approved by the City Council at a Regular Meeting thereof on November 16, 2009. 1 Christy(O'Flahe y, CIVIC, City Clerk 19 20 1 *fir !r •r f I ly A w .....R fir. •,,r it r a,..��a: a R 20 21 A��� A 1. •i Via. w A is it r i� R f f is i i. s is a i i is a #r. #r w f w i is r a 21 (Ownership Street 1Street Na elPO Box city State L Zip Code I offe Associates 415 BAKER BLVD #200 (TUKWILA WA 98188 osellini, Albert 5936 6TH AVE S SEATTLE WA 98108 RWP LLC 7312 SE CURTIS DR SNOQUALIE WA 98065 Sade, Paul and Eleanor 585 POINT SAN PEDRO RD SAN RAFAEL CA 1 94901 Schoenbachler Ent LLC 9253 E SANDS DR SCOTTSDALE AZ 1 85255 Security Capital Industrial 2235 1FARADAY AVE STE 0 CARLSBAD CA 92008 egale, Mario A APO BOX 88028 (TUKWILA WA 1 98188 SIFP B LP LTD PTNRSHP PO BOX 5350 BEND OR 1 97708 Sizzling Platter of Wash 348 EAST 6400 S #200 MURRAY UT 84107 Skarbo Peter R 5311 PHINNEY AVE N SEATTLE WA 98103 Southcenter Corp. Square 150 CALIFORNIA ST SAN CA 94111 Southcenter Corp. Square 1911 SECOND AVE STE 1570 SEATTLE I WA 98101 SRO Properties Inc 1411 14TH AVE #1315 SEATTLE WA 98101 1Strander Associates LLC 1650 S 244TH PL DES MOINES WA 98198 ]Tanaka Holding LLC 1105 PORTER WAY MILTON WA 98354 Target Corporation T 0627 PO BOX 9456 MINNEAPOLIS MN 55440 T5 LLC 117 E LOU ISA #230 SEATTLE WA I 98102 Tri -Land Corporation 1325 4TH AVE SUITE #1940 SEATTLE WA 98101 Triple H Development 1006 SPRAGUE ST EDMONDS WA 98020 Tukwila TT LLC 3300 (MAPLE VALLEY HWY 1RENTON WA 98058 Tukwila View Estates LLC 117 E LOUISA #230 SEATTLE WA 98102 Tupper Lynn 8100 SW 10TH ST STE 4000 PLANTATION FL 33324 Union Pacific Railroad 1416 DODGE ST #325 OMAHA NE 68179 Union Pacific Railroad 1400 DOUGLAS STOP 1640 (OMAHA NE 68179 S Bank Corporate Props 2800 E LAKE ST I MN 55406 Village Partners Southcenter 1420 5TH AVE #2200 ISEATTLE WA 98101 WA Cities Insurance Authority 14900 INTERURBAN AVE S #210 SEATTLE WA 98168 WACO Enterprise PO BOX 88216 TUKWILA WA 98188 Walton CWWA Southcenter 4 L 4678 (WORLD PARKWAY CIR ST LOUIS MO 63134 Alton CWWA Tukwila 1 LLC 4678 (WORLD PARKWAY CIR ST LOUIS MO 63134 A Southcenter LLC 11601 IWILSHIRE BLVD LOS CA 90025 Wells Fargo Bank IPO BOX 2069 CARLSBAD CA 92018 Westfield Corporation Inc I PO BOX 130940 CARLSBAD 1 CA 92013 Wig Properties LLC-SS 4811 134TH PL SE BELLEVUE I WA 98006 Winners 3 LLC I 117 E LOUISA #230 SEATTLE WA 98102 l Wolverine Properties LLC 1 415 BAKER BLVD #200 TUKWILA WA I 98188 22 CONSULTANT AGREEMENT FOR REAL ESTASTE APPRAISAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City and Macaulay Associates, Ltd., 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 estate appraisal services in connection with the project titled Special Benefit /Proportionate Assessment Study for Southcenter Parkway LID Final Assessment Roll. 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 30 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 $142,800.00 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 is 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. 23 June 8, 2012 Mr. Bob Giberson. PR Public Works Director city of rukwila 6300 Southcenter Blvd. Tukwila, WA 98198 RE: TH and fee estimate for City of Tukwila Special Benefit/Proportionate Assessment Study for SOUthccntcr Parkway LID Final Assessment Roll,'I'ukwila, WA. Dear Mr. Giberson: As requested, I have prepared a time and fee estimate for completion of the above-referenced special benefit study. The scope o khe assignment will involve cornpletion of a final special benefit/proportionate assessment study and preparation of a report summarizing our findings. There are 278 properties in the LID to be analyzed within our special benefit /proportionate assessment study. Property types are a mix ofcominercial (oil and retail), industrial and residential and includes the Westfield Southcenter regional shopping mail. The report will consider physical and economic characteristics of each affected parcel. A base study will be undertaken, to consist of the assemblage of" pertinent market data and investigation of the environmental, economic, governmental and social forces influencing the subject area. Consideration will be given to current t� zoning, land use trends, building improvements, wetland areas, highest and best use and other factors influencing market value for each property type or ownership, without and with the amenity of the LID road improvement project. The increase in probable market value adhering to each parcel due to the LID project is the measure of special benefit. The total assessment to be levied will be obtained from the municipal LID coordinator. The sum total of special benefit estimated for each parcel is the aggregate special benefit attributable to assessable property within the proposed LID this total divided into the total LID assessment provides the assessment ratio or the LID assessment per dollar of special benefit. The special benefit to each parcel times the cost/benefit ratio results in the individual assessment recommended to that parcel. The recommended assessments will ri-icet the following two criteria: a) Each recommended assessment is equal to or less than the special benefit accruing to that particular parcel. b) Each recommended assessment is fair and in proportion to the special benefit derived by that parcel and all other parcels clue to the LID project. 24 June 8 Mr. Kob(]ibersmn. P.E. Page 2 ]l`ore are many variables ina sizable project such ao this which spans auextended time period. U has been our experience when working ou p o[ this magnitude that there are often scheduling changes 8mwell as revisions to the scope of our assignment and other unforeseen complications which can.reAdt in increased 1inue expend iLurca. Although this proposal is currently our best estimate of the scope of the assignment, some flexibility im contract arrangements into which we enter would be most beneficial to both parties. We have made every effort to estimate the hours needed to successfully complete the assignment. flop/evcr,i{the scope of work is expanded nr other significant factors at some point enter into defining our assignment, i(may bc necessary 10 negotiate supplemental agreements or contract amendments. Compl etion o[ our *xork-. as the assignment is described herein, will result in a. final special benefit nMx{v report which provides m narrative summary oil' the study and tabulation of recommended assessments f�or the parcels io our study. Due to the size ofthe projectand ou/ohcrof parcels, individual appraisal reports on each are not prepared. Limited assignment cnmas appraisal techniques are utilized and n spreadsheet summarizing our value conclusions without and with the LID assumed completed is prepared. Based 0n the above scope of work, our time and fee estimate is summarized below: Time and Fee Estimate City of TokwOm Spec Benefit/Proportionate As camentS/udycnrSoutbceotcrPwMmvayLlD Final Assessment Roll Appraiser Todis Hours Rate/ Tota Hour Robert J. Mmcxu|uy.K1A| Project mmuugumoni 320 $225 %72.000 consultants and city $uD[ Property inspections, analysis and report preparation along with attendance m the final asscsomm/m\l hearing. Charles R. Macaulay, K4A| Project review and analysis consultation. 90 $225 $18,000 Kelly k, Huo and As lc�K'Zu6mri4 Market research, analysis, spre compilation, repor 300 *150 &30l00 gypriser, preparation assistance and prope inopuctioms. Paul C. Bird, Appraiser pmpo,ei^spcutivms. commercial valuations and report 120 $150 $|D.0U0 a,,iytu000. UuOy Warren, stall lyping, editing, clerical mppom 88 Sbu $4.800 Total $142,800 25 June 8, 2012 Mr. Bob Giberson. Page 3 ']'he above estimate includes preparation for and attendance at the final assessment roll hearing. It does not include add iti on at hearing preparation /attendance and i not i vid Li at report(s) preparation. As we discussed there may be additional individual reports prepared prior to finalization of our work and. these costs, if needed, will be billed at our hourly rates summarized above. The project fee estimate is approximately $514 per parcel which is similar to other final assessment roll special benefit studies completed by our office. Completion of our report, once we have authorization to proceed, will be approximately 12 weeks. If you have any questions or need additional information, please let me know. We look forward to working with the City of Tukwila on this project. Sincerely, MACAULAY ASSOCIATES, LTD. Robert.]. Macaulay, MAI WA titan. Certihed Genera I Appraiser No 1100517 26 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 pennitted 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 perform- ance 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 occurrences` 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 this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 27 9. Independent Contractor. The Consultant and the City agree that the Consultant is an inde- pendent 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, 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. 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 I 28 recover its costs, including reasonable attorney's fees, incurred in such suit from the losing party. 16. 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: Robert J. Macaulay, MAI Macaulay Associates, Ltd. 2927 Colby Avenue, Ste. 100 Everett, WA 98201 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 26` day of June, 2012. CITY OF TUKWILA am Attest /Authenticated mulm ITA 4 29