HomeMy WebLinkAbout12-014 - RE Solve - Property AppraisalContract No. 12 -014
CONTRACT FOR SERVICES Council Approval N/A
This Agreement is entered into by and between the City of Tukwila, Washington, a noncharter
optional municipal code city hereinafter referred to as "the City and RE Solve hereinafter referred to
as "the Contractor whose principal office is located at 261 Madison Ave. S.. Suite 102, Bainbridee, WA
98110 -2579.
WHEREAS, the City has determined the need to have certain services performed for its citizens
but does not have the manpower or expertise to perform such services; and
WHEREAS, the City desires to have the Contractor perform such services pursuant to certain
terms and conditions; now, therefore,
IN CONSIDERATION OF the mutual benefits and conditions hereinafter contained, the parties
hereto agree as follows:
A. Scone and Schedule of Services to be Performed by Contractor. The Contractor shall
perform those services described on Exhibit A attached hereto and incorporated herein by this
reference as if fully set forth. In performing such services, the Contractor shall at all times comply with
all Federal, State, and local statutes, rules and ordinances applicable to the performance of such
services and the handling of any funds used in connection therewith. The Contractor shall request and
obtain prior written approval from the City if the scope or schedule is to be modified in any way.
2. Compensation and Method of Pavment. The City shall pay the Contractor for services
rendered according to the rate and method set forth on Exhibit A attached hereto and incorporated
herein by this reference. The total amount to be paid shall not exceed $5,000.
3. Contractor Budget. The Contractor shall apply the funds received under this Agreement
within the maximum limits set forth in this Agreement. The Contractor shall request prior approval
from the City whenever the Contractor desires to amend its budget in any way.
4. Duration of Agreement. This Agreement shall be in full force and effect for a period
commencing February 21, 2012 and ending April 20, 2012 unless sooner terminated under the
provisions hereinafter specified.
5. Independent Contractor. Contractor and City agree that Contractor 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 Contractor nor any employee of Contractor 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 contributing
to the State Industrial Insurance Program, or otherwise assuming the duties of an employer with respect
to the Contractor, or any employee of the Contractor.
6. Indemnification. The Contractor 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 Contractor, 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 Contractor 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 Contractor. 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 Contractor, its officers, agents, and employees.
7. Insurance.
A. The Contractor shall procure and maintain in full force throughout the duration of the
Agreement comprehensive general liability insurance with a minimum coverage of $500,000.00 per
occurrence /aggregate for personal injury and property damage. Said policy shall name the City of
Tukwila as an additional named insured and shall include a provision prohibiting cancellation or
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reduction in the amount of said policy except upon thirty (30) days prior written notice to the City.
Cancellation of the required insurance shall automatically result in termination of this Agreement.
B. Certificates of coverage as required by Paragraph A above shall be delivered to the City
within fifteen (15) days of execution of this Agreement.
8. Record Keening and Reporting.
A. The Contractor shall maintain accounts and records, including personnel, property,
financial and programmatic records which sufficiently and properly reflect all direct and indirect costs
of any nature expended and services performed in the performance of this Agreement and other such
records as may be deemed necessary by the City to ensure the performance of this Agreement.
B. These records shall be maintained for a period of seven (7) years after termination hereof
unless permission to destroy them is granted by the office of the archivist in accordance with RCW
Chapter 40.14 and by the City.
9. Audits and Inspections. The records and documents with respect to all matters covered by
this Agreement shall be subject at all times to inspection, review or audit by law during the
performance of this Agreement.
10. Termination. This Agreement may at any time be terminated by the City giving to the
Contractor thirty (30) days written notice of the City's intention to terminate the same. Failure to
provide products on schedule may result in contract termination. If the Contractor's insurance coverage
is canceled for any reason, the City shall have the right to terminate this Agreement immediately.
11. Discrimination Prohibited. The Contractor shall not discriminate against any employee,
applicant for employment, or any person seeking the services of the Contractor to be provided under
this Agreement on the basis of race, color, religion, creed, sex, age, national origin, marital status or
presence of any sensory, mental or physical handicap.
12. Assignment and Subcontract. The Contractor shall not assign or subcontract any portion of
the services contemplated by this Agreement without the written consent of the City.
13. Entire Agreement. This Agreement contains the entire Agreement between the parties
hereto and no other Agreements, oral or otherwise, regarding the subject matter of this Agreement,
shall be deemed to exist or bind any of the parties hereto. Either party may request changes in the
agreement. Proposed changes which are mutually agreed upon shall be incorporated by written
amendments to this Agreement.
14. Notices. Notices to the City of Tukwila shall be sent to the following address:
City Clerk, City of Tukwila
6200 Southcenter Blvd.
Tukwila, Washington 98188
Notices to the Contractor shall be sent to the address provided by the Contractor upon the
signature line below.
15. Applicable Law: Venue: Attornev's Fees. This Agreement shall be governed by and
construed in accordance with the laws of the State of Washington. 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.
DATED this ICo n_ day of A -6Ya,+ A 20 /a
J
CITY F TUKWILA CONTRACTOR:
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By: ,g By:'V�2C
Title: Haggert yor z�
Title:
A ST /AUT NTICATED:
Printed Name: NC t'1Z� K Pn �f
Christy O'Flaherty, CMC, City'Clerk Address: �fO (Yl�O(�1J k'1
APPROVED AS TO FORM: s o Z 9L kA 1 0
Office of ey 1
Date approved by City Council: N IN
By: t 7 (Applicable if contract amount is over $40,000)
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I Exhibit A I
RESOLVE
GIBBONS RIELY, PLLC
Real Estate Appraisal, Counseling Mediation
261 Madison Ave S, Suite 102
Bainbridge, WA 98110 -2579
206 842 -4887
TeleFax: 206 842 -5082
Anthony Gibbons, MAI CRE
Direct Dial (206) 628 -0885
Email: agibbons @realestatesolve.com
February 6, 2012
Adam Draper, Staff Attorney
Forterra
615 Second Avenue, Suite 600
Seattle, WA 98104
Re: White Property: Approximately 1.9ac of industrial zoned land in two tax parcels, in the City of
Tukwila, King County WA
Dear Mr. Draper:
This letter is our proposal to furnish appraisal services concerning the above referenced property. The
client is the City of Tukwila; users will include Tukwila and Forterra. We will prepare a narrative
appraisal in accordance with the Uniform Standards of Professional Appraisal Practice USPAP). The
appraisal will be presented in a summary format, which will meet the USPAP standard for such reports.
The report will contain brief discussions of the data, reasoning and analysis used in the appraisal process,
while supporting data and materials will be retained in our files.
The subject of the appraisal is two King County tax parcels: 102304 -9085 (1.75ac of Industrial zoned
land); and 102304 -9002 (0.15ac of industrial zoned land forming a small waterfront strip on the
Duwamish). The purpose of the appraisal will be to establish the fee simple market value of the property
to facilitate acquisition by Forterra or the City of Tukwila.
The cost of the appraisal will be $5,000 for the report. In order to lower our carbon footprint, it is our
preference to only provide electronic copies of our reports. However up to three hard copies are available
upon request at no additional charge. Please let us know if your copy requirements at the time we are
engaged to do the appraisal. Payment for our services is due on a monthly basis, or thirty (30) days
following delivery of the completed appraisal reports, whichever comes sooner.
We expect to deliver the report within 30 to 45 -days of our receipt of your notification to proceed. If the
above general terms are acceptable, you may so indicate by signing and dating your acceptance on this
letter, and returning it to me by fax. Thank you for considering me for this interesting assignment.
�Very truly yours,
Anthony Gibbons, MAI, CRE
Agreed Accepted
Date
RESOLVE