Loading...
HomeMy WebLinkAbout17-181 - Allen Brackett Shedd / Valbridge Property Advisors - Public Safety Plan Appraisal ServicesCity of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-181 (' ) CONTRACT FOR SERVICES Amendment No. 3 Between the City of Tukwila and Valbridge Property Advisors That portion of Contract No. 17-181 between the City of Tukwila and Valbridge Property Advisors is hereby amended as follows: Section 1 Project Designation: The Consultant is retained by the City to perform appraisal services for the properties identified in Exhibit "A", in connection with the project titled Tukwila Public Safety Plan. Section 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. Services provided include support and research during mediation for the Public Works Sites. Section 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, 2019, 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 duration of the contract is now through December 31, 2019, unless modified by supplemental agreement. Section 4 Payment: The Consultant shall be paid by the City for completed work and for services rendered under this Agreement as follows: 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 $106,925 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this 2- day of 7>e Lemon , 2018 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor CA Revised December 2016 Printed Name: S. Murray Brackett, MAI /,>L-cv_ /6 ' Page 1 of 1 Valbridge PROPEF2'1 Y ADViSORS P;.aet October 26, 2018 Ms. Justine Kim Shiels Obletz Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 justinek@sojsea,com watt Mc.: RE: RFP — GEO HEISER BODY CO. INC. PROPERTY, VALBRIDGE JOB NO. 17-0348-11 Dear Ms. Kim, As requested, I have reviewed information relating to the property referenced above for the purpose of estimating a fee and timing for completion of research and mediation preparation and attendance. The budget for mediation support services relating to the above referenced project is as follows: Murray Brackett, MAI: 19.5 hours @ $350/hour: $6,825 Diane Quinn: 2 hours @ $100/hour: 200 Total: $7,025 Thank you for your consideration of Valbridge Property Advisors 1 Puget Sound for this assignment. I look forward to working with you again. Please call if you have any questions. Sincerely, VALBRIDGE PROPERTY ADVISORS 1 PUGET SOUND S. Murray Brackett, MAI Geo Heise Body Co. Inc. Property.mb.doc - Copyright © 2018 Valbridge Property Advisors 1 Puget Sound City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-181(b) CONTRACT FOR SERVICES Amendment No. 2 Between the City of Tukwila and Valbridge Property Advisors That portion of Contract No. 17-181 between the City of Tukwila and Valbridge Property Advisors is hereby amended as follows: Section 1 Proiect Designation. The Consultant is retained by the City to perform appraisal services for the properties identified in Exhibit "A", in connection with the project titled Tukwila Public Safety Plan. Section 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. a) Appraisal services for property located at 3747 South 146th St, Tukwila. b) Additional mediation support services for Public Works project sites. Section 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 $99,900 (including estimated expenses) without express written modification of the Agreement signed by the City. All other provisions of the contract shall remain in full force and effect. Dated this Z({ 1. - day of 0 C-" � , 2018 CITY OF TUKWILA CONTRACTOR Allan Ekberg, Mayor Printed Name: S. Murray Brackett, MAI CA Revised December 2016 / C k/67/Ll4-C;S Page 1 of 1 t Valbridqe PROPERTY ADVISORS Puget Sound October 2, 2018 Ms. Justine Kim Shiels Obletz Johnsen 101 Yesler Way, Suite 606 Seattle, WA 98104 justinek@sojsea.com Corporate Office Smith Tower 506 2nd Avenue Suite 1001 Seattle, WA 98104 206-209-3016 phone 425-949-7109 fax RE: RFP — TUKWILA 146TH STREET PROPERTY Dear Ms. Kim, 2927 Colby Avenue Suite 100 Everett, WA 98201 425-258-2611 phone 425-252-1210 fax EXHIBIT A 18728 Bothe Way NE Suite B Bothell, WA 98011 425-450-4040 phone 425-949-7109 fax 419 Berkeley Avenue Suite A Fircrest, WA 98466 253-274-0099 phone 425-949-7109 fax valbridge.com As requested, I have reviewed information relating to the properties referenced above for the purpose of estimating a fee and timing for completion of Appraisal and Consulting Services as well as an Appraisal Report. The Report will conform to the Uniform Standards of Professional Appraisal Practice and will be used by the client to evaluate potential acquisitions. In summary, the property identified for Appraisal is situated at 3747 S. 146th St, in Tukwila. It previously supported an older motel, which has since been demolished. The appraisal will report market value pursuant to Highest and Best use, and subject to zoning, easements, and restrictions of record. In addition, I am requesting budget for additional mediation support services relating to the TIB project, for a total proposed budget as follows: - 146th St, Vacant Lot Appraisal Report: - Additional mediation support for Public Works project sites: Total $3,750 $13,650 $17,400 In order to proceed with the Appraisal assignment, I need the following information: 1. Copy of title reports/legal descriptions. 2. Any site-specific reports such as soils, environmental, etc. 3. Name(s) of contact person(s), for inspection. 4. Authorization or notice to proceed. Thank you for your consideration of Valbridge Property Advisors I Puget Sound for this assignment. I look forward to working with you again. Please call if you have any questions. Sincerely, VALBRIDGE PROPERTY ADVISORS I PUGET SOUND S. Murray Brackett, MAI 146th St.mb.doc — Copyright © 2017 Valbridge Property Advisors I Puget Sound City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number. 17-181(a) Council Approval N/A CONTRACT FOR SERVICES Amendment # 1 Between the City of Tukwila and Allen Brackett SheddNalbridge Property Advisors That portion of Contract No. 17-181 between the City of Tukwila and Allen Brackett SheddNalbridge Property Advisors ("Consultant") is hereby amended as follows: 1. Project Designation. In connection with the Tukwila Public Safety Plan, the Consultant is retained by the City to perform curbside and updated appraisal services for the selected sites referred to as the Justice Center Site (JC7NL), and Public Works Site (PW). Appraisals for Sites referred to as JC8S and PW6 sites are removed by this Amendment. The $31,500 in budget allocated to curbside appraisals for those sites under the original contract is reallocated by this Amendment as follows: a. Revised Appraisals for JC7NL Site: $12,500 b. Revised Appraisals for PW5 Site: $10,500 c. Contingency for Hourly Consultation: $8500 (accessible only upon further written NTP of City). d. Net Change in Contract Amount: $0 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, 2018, 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, 2018 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 $82,500 (including estimated expenses) without express written modification of the Agreement signed by the City. CA Revised December 2016 / 6 dP a C'f6/M Page 1 of 2 City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Agreement Number: 17-181(a) All other provisions of the contract shall remain in full force and effect. Dated this ( rr day of Ili otv CITY OF TUKWILA ,2013 CONSULTANT Allan Ekberg, Mayor Printed Name: S. M .-accetr CA Revised December 2016 Page 2 of 2 Agreement Number 17-181(a) Amendment #1 Exhibit A - Contract for Consulting/Appraisal Services VALBRIDGE PROPERTY ADVISORS 1 PUGET SOUND, herein referred to as the "Consultant," and CITY OF TUKWILA herein referred to as the "Client," hereby agree and contract as follows: 1. II. Contract Work The Consultant will provide Narrative Appraisal Reports for the Proposed Justice Center and Public Works Site properties in Tukwila, Washington. The Consultant will develop and report its services in conformity with and subject to the requirements of the Code of Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. The purpose of the assignment is to provide updated opinions of market value for various properties identified as Parcels 2-6 and 8 of the proposed Justice Center site JC7NL, as well as Parcels 1-3 of the proposed Public Works site PW5, to assist in potential acquisitions. The properties were previously appraised from the street side only, and the updated reports will incorporate updated information and inspections. The Consultant will provide the Client with Narrative Appraisal Reports within 60 days of authorization to proceed - verbal conclusions will precede the written reports. Contract Sum The Consultant will perform the services (nine properties) outlined above, based on Time/Materials, not to exceed $23,000, as follows: JC2 - $2,000 JC3&6-$3,500 JC4 - $2,000 JC5 - $2,000 JC8 - $3,000 JC Site Subtotal: $12,500 PW1 - $3,000 PW2 - $3,500 PW3 - $4,000 PW Site Subtotal: $10,500 The hourly rate for Mr. Brackett is $350/hr and the rates for Associates varies from $100 - $175/hr. Research Associates are billed at $90/hr. If further consultation or court testimony is required, the additional charge is $350 per hour. III. Time of Payment Payment shall be due on the date of the statement and shall be deemed delinquent if not made within 30 days of the due date. Delinquent payments shall accrue interest at the rate of 18% per annum from the due date. Should it be necessary for the Consultant to employ the services of an attorney or begin legal proceedings to collect any delinquent payments, the Client shall be liable to the Consultant for a reasonable attorney's fee and the court costs incurred. IV. Termination In the event the consulting services are stopped by the Client at any time, the Consultant's fee shall be calculated, due and payable on the basis of the Consultant's fee schedule in effect on the date of the contract, and the actual hours and direct non -salary expenses incurred to the date of termination. City of Tukwila 6200 Southcenter Boulevard, Tukwila WA 98188 Contract Number: 17-181 Contract Approval 10/2/17 CONSULTANT AGREEMENT FOR SITE SURVEY SERVICES THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter referred to as "the City", and Allen, Brackett, Shedd, 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 appraisal services for the properties identified in Exhibit A, in connection with the project titled Tukwila Public Safety Plan. 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, 2018, 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 complete and deliver draft conclusions and findings by November 3, 2017 and a final written appraisal for the City's selected site no later than November 30, 2017, and shall perform any other services and provide all work product required pursuant to this Agreement no later than December 31, 2018 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 $82,500 (including estimated expenses) 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. i‘' prl`n 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. 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. CA revised : 1-2013 Page 2 4. Professional Liability with limits no Tess 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. 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. CA revised : 1-2013 Page 3 12. Assiqnment. 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. 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: Murray Brackett 506 Second Avenue, Suite 1001 Seattle, WA 98104 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. CA revised : 1-2013 Page 4 DATED this I I day of DC7 ,20(7 . CITY OF TU 4 ILA CONSULTANT ,#j,211 Allan Ek CA revised : 1-2013 Printed Name: S. Murray Brackett, MAI Title: Senior Managing Director Page 5 Exhibit A - Contract for Consulting/Appraisal Services VALBRIDGE PROPERTY ADVISORS 1 PUGET SOUND, herein referred to as the "Consultant," and CITY OF TUKWILA herein referred to as the "Client," hereby agree and contract as follows: 1. Contract Work The Consultant will provide Narrative Appraisal Reports for the Proposed Justice Center and Public Works Site properties in Tukwila, Washington. The Consultant will develop and report its services in conformity with and subject to the requirements of the Code of Ethics & Standards of Professional Appraisal Practice of the Appraisal Institute. The purpose of the assignment is to provide opinions of the market value for the various properties identified as proposed Justice Center sites JC7NL, JC8S, and Public Works sites PW5, and PW6, to assist in potential acquisitions. For purposes of this assignment, street side inspections only will be available to the appraiser. The Consultant will provide the Client with Narrative Appraisal Reports within 55 days of authorization to proceed and verbal conclusions within 30 days of authorization. 11. Contract Sum The Consultant will perform the services outlined above for fixed fees as follows: — JC7NL Parcels: $34,500 — JC8S Parcels: $19,500 — PW5 Parcels: $16,500 — PW6 Parcels: $12,000 If further consultation or court testimony is required, the additional charge is $350 per hour. 111. Time of Payment The Consultant shall submit a 40% invoice upon conveyance of preliminary conclusions, and the balance with appraisal reports. Payment shall be due on the date of the statement and shall be deemed delinquent if not made within 30 days of the due date. Delinquent payments shall accrue interest at the rate of 18% per annum from the due date. Should it be necessary for the Consultant to employ the services of an attorney or begin legal proceedings to collect any delinquent payments, the Client shall be liable to the Consultant for a reasonable attorney's fee and the court costs incurred. IV. Termination In the event the consulting services are stopped by the Client at any time, the Consultant's fee shall be calculated, due and payable on the basis of the Consultant's fee schedule in effect on the date of the contract, and the actual hours and direct non -salary expenses incurred to the date of termination. October 5, 2017 By: DATE VALE OL k -ems- 11, 2-017 DATE CA revised : 1-2013 By: G . PROPEL. M z� �n'z1TiKw �`l.� J AD ISORS 1 PUGET SOUND Page 6