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HomeMy WebLinkAbout05-113 - Macaulay & Associates - Klickitat-Tukwila Urban Center Access Improvement / Local Improvement District Feasibility Studyiy 65-113 CONSULTANT AGREEMENT FOR APPRAISAL SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, herein -after referred to as "the City", and Macaulay & Associates hereinafter referred to as "the Consultant", in consideration of the mutual benefits, terms, and conditions hereinafter specified. 1. Project Designation. The Consultant is retained by the City to to conduct a preliminary feasibility study and boundary recommendation for a proposed Local Improvement District services in connection with the project titled Tukwila Urban Center Access Improvement Proj ect/Klickitat 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 45 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 "A" attached hereto, provided that the total amount of payment to the Consultant shall not exceed $24,999 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. /5/oGa ORIGINALS 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 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 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 this section shall be delivered to the City within fifteen (15) days of execution of this Agreement. 2 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 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: Mac, (cui �cc L7 b '26121 Co oSink- too die- W - 9s3/31 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 / day of 64Q---teAJ , 20 CITY OF TUKWILA CONSULTANT teven M. Mullet, Mayor Attest/Authenticated: By: 1? -7,4 Printed Name: Title: Approved as to Form: e E. Cantu, CMC, City Clerk Office of the City Attorney 4 acaulay g ExhibA ssociates, Ltd. Real Estate Appraisers & Consultants Charles R. Macaulay, MAI Robert J. Macaulay, MAI Jim E. Dodge Yvonne Alexander -Smith Whitney B. Haucke, CPA Anna Soper Ms. Cyndy Knighton Senior Transportation Engineer City of Tukwila 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188-2544 2927 Colby Avenue, Suite 100 • Everett, WA 98201 Everett 425-258-2611 • Seattle 206-382-9711 • Fax 425-252-1210 August 24, 2005 Paul C. Bird Richard J. DeFrancesco Greg Muller Kelly R. Hao Teresa M. Comellison RECEIVED AUG 2 5 2005 7 UKWILA PUBLIC WORKS Re: Time and fee proposal for a preliminary feasibility study/ boundary recommendation for the proposed Klickitat Drive local improvement district (LID), Tukwila, Washington. Dear Ms. Knighton: It was good to meet with you last week. In accordance with your request, I have prepared the following time and fee proposal for the above -referenced project. The scope of the assignment is to prepare a feasibility study to ascertain whether there is sufficient market value enhancement to specially benefited properties as a result of the proposed road improvement project to render it economically feasible. As part of this preliminary study, boundaries for the proposed LID would be recommended. The first phase of our feasibility analysis involves a base study consisting of the assemblage of pertinent market data regarding the environmental, economic, governmental and social forces influencing the subject vicinity. Consideration will be given to current zoning and land use trends, building improvements, wetland areas (if any), highest and best use and other factors influencing market value of affected property without and then with the amenity of the LID project. This base study will provide the foundation for recommending an LID boundary that consists of those properties specially benefited by the new road improvement project. Once the LID boundary is established, individual parcels will be separated into property classes based on highest and best use. Representative parcels within each class will be analyzed both without the LID project and again with the LID assumed complete. The difference in market value (typically expressed as a range) will then be extrapolated over all the other similar properties in that classification to arrive at an estimate of special benefit to each property class due to the project. Once this process is completed for the various property classes, the special benefit ranges are then totaled, yielding an estimated range in economic enhancement or special benefit attributable to the proposed project. A report will then be prepared briefly summarizing our recommended LID boundary and value conclusions. Based on the above scope of work, completion time for the assignment—assuming that we receive authorization to proceed by September 5, 2005—would be five to six weeks. One issue we discussed at our meeting regarding the city's mitigation policy towards property for which contributing to the costs of constructing Klickitat Drive is a requirement for development would need to be reviewed and addressed as it will impact the estimated special benefit and the LID boundary recommendation. As I mentioned at the meeting, input from bond counsel on this matter would be very helpful. Ms. Cyndy Knighton August 25, 2005 Page Two Below is our proposed fee estimate, which we have prepared after reviewing other similar projects recently completed by our office. Appraiser Tasks Estimated Hours Hourly Rate Total Robert J. Macaulay, MAI Property inspection, valuation analysis, consultation/meetings, report preparation/review 60 $200 $12,000 Greg Muller, Associate Appraiser Project coordination, market research, spreadsheet compilation, property data review/analysis, report preparation assistance 145 $90 $13,050 Total proposed fee $25,050 The above fee estimate does not include preparation for or presentation at the LID formation hearing or time for meetings with individual property owners. It does include a reasonable number of meetings and consultations with city staff and other engineering personnel, as needed to obtain adequate information for completion of the study and to keep the city informed of our progress. As discussed in the information I sent you, we have completed similar studies for a number of large road improvement projects involving regional shopping centers (Alderwood Mali and Bellis Fair Mall), as well as large commercial areas impacted by road improvement projects. This looks like an interesting and challenging assignment and we appreciate the opportunity to make this proposal. Please don't hesitate to call if you have any questions. Respectfully submitted, MACAULAY & ASSOCIATES, LTD. Robert J. Macaulay, MAI WA State Certified - General Appraiser No. 1100517 Knighton.0805