HomeMy WebLinkAbout23-004 - CBRE, Inc - Property Appraisal ServicesIQ
City of Tukwila
6200 Southcenter Boulevard, Tukwila WA 98188
Contract Number: 23-004
Council Approval N/A
PROFESSIONAL SERVICES AGREEMENT
(Includes consultants, architects, engineers, accountants, and other professional services)
THIS AGREEMENT is entered into between the City of Tukwila, Washington, hereinafter
referred to as "the City", and CBRE, Inc., 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 services
in connection with the project titled Nelsen Salmon Habitat Side Channel.
2. Score 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, 2023, 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, 2023 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 $5,500.00 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 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.
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 Liabili 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 $2,000,000 each
occurrence, $2,000,000 general aggregate. Commercial General Liability
insurance shall be at least as broad as ISO occurrence form CG 00 01 and shall
cover liability arising from premises, operations, stop -gap independent contractors
and personal injury and advertising injury. The City shall be named as an
additional insured under the Consultant's Commercial General Liability insurance
policy with respect to the work performed for the City using an additional insured
endorsement at least as broad as ISO endorsement form CG 20 26.
CA revised May 2020
Workers' Comsensation coverage as required by the Industrial Insurance laws of
the State of Washington.
Page 2
4. Professional Liability with limits no less than $2,000,000 per claim and $2,000,000
policy aggregate limit. Professional Liability insurance shall be appropriate to the
Consultant's profession.
B. Public Entity Full Availability of Contractor Limits. If the Contractor maintains higher
insurance limits than the minimums shown above, the Public Entity shall be insured for the
full available limits of Commercial General and Excess or Umbrella liability maintained by
the Contractor, irrespective of whether such limits maintained by the Contractor are greater
than those required by this Contract or whether any certificate of insurance furnished to
the Public Entity evidences limits of liability lower than those maintained by the Contractor.
C. 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.
D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M.
Best rating of not less than A:VII.
E. 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 Contractor
before commencement of the work. Upon request by the City, the Consultant shall furnish
certified copies of all required insurance policies, including endorsements, required in this
Agreement and evidence of all subcontractors' coverage.
F. 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.
G. 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. Inde endent 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.
CA revised May 2020
Page 3
11. Discrimination Prohibited. Contractor, 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,
the presence of any disability, or any other protected class status under state or federal law,
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. 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:
CBRE Inc.
Attn : Murray Bracket, MAI
1420 5th Avenue, Suite 1700
Seattle, WA 98101
18. Entire As reement• 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 May 2020
Page 4
DATED this 17 day
day of 20 23
CITY OF TUKWILA
eSigned VI2 SeamlessDoce.com
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Hari Ponnekanti, Public Works Director
CA revised May 2020
CONSULTANT:
By:
Printed Name: Title: Director
Page 5
VALUATION & ADVISORY SERVICES
CITY OF TUKYVI[„A,
Assignment Agreement
Page 2 of 8
January 17, 2023
EXHIBITS A & B
CBRE, Inc.
1420 Fifth Avenue, Suite 1700
Seattle, 98101
w vAtfAr r
January 17, 2023
S. Murray Brackett, MAI
Director
Hari Ponneka nti
CITY OF TUKWILA
6300 Southcenter Blvd
Tukwila, Wa.
Phone: 425.431.2455
Email: H(Iri.i o n n NPN kvid wo c;34Jv
RE: Assignment Agreement
Parcel Number: 000320-0007
Nelson Family Trust Property, 618 Tukwila Pkwy
Tukwila, Wa.
Dear Mr. Ponekanti:
We are pleased to su bmit this proposal and our Terms an d Conditions f or this assignment. It is our
understanding that the appraisal is intended to be used for the acquisition of real estate in conjunction
with a public project.
P 0 PO SAL SPE IC I"' PRAT] 40 S
Client:
Purpose:
Premise:
Rights Appraised:
Intended Use:
Intended User:
Reliance:
vurVVIA1,„ C lite, USt'ffitt U Ot
City of Tukwila — Mr. Hari IPonnekanti
To provide an opinion of the Fair Market Value of the referenced
real estate to assist with a proposed acquisition.
To evaluate the as -is value of the subject.
Market Value of the Fee Simple interest.
To assist with acquisition of real estate for the above -referenced
project.
The intended user is CITY OF TUKWILA ("Client"), and such other
parties and entities (if any) expressly recognized by CBRE as
"Intended Users" (as further defined herein).
Reliance on any reports produced by CBRE under this Agreement
is extended solely to parties and entities expressly acknowledged
in a signed writing by CBRE as Intended Users of the respective
reports, provided that any conditions to such acknowledgement
required by CBRE or hereunder have been satisfied. Parties or
entities other than Intended Users who obtain a copy of the report
CBRE
VALUATION & ADVISORY SERVICES
CITY OF TUKYVI[„A,
Assignment AgreerTIent
Page 3 of 8
January 17, 2023
Inspection:
Valuation Approaches:
Report Type:
Appraisal Standards:
Appraisal Fee:
Expenses:
Retainer:
Payment Terms:
Delivery Instructions:
Delivery Schedule:
Final Report:
Start Date:
Acceptance Date:
Required Documents:
or any portion thereof (including Client if it is not named as an
Intended User), whether as a result of its direct dissemination or
by any other means, may not rely upon any opinions or
conclusions contained in the report or such portions thereof, and
CBRE will not be responsible for any unpermitted use of the
report, its conclusions or contents or have any liability in
connection therewith.
The appraisers will attempt to make canted with the property
owner, if owner contact is provided. If a complete inspection is not
permitted, the inspection will be done from the closest public
areas.
Sales Comparison Approach
Appraisal Report
USPAP
Total fee: $5,500
Fees are fully burdened
None required
Final payment is due upon delivery of the final report or within
thirty (30) days of your receipt of the draft report, whichever is
sooner. The fee is considered earned upon delivery of the draft
report.
CBRE encourages our clients to join in our environmental
sustainability efforts by accepting an electronic copy of the report.
An Adobe PDF file via email will be delivered to
ha ri .ponneka nti gtu kwilawa .g ov.
50 days from authorization; Verbal conclusions are anticipated by
2/1/23.
The client is on notice that delay of inspections or failure to
provide the requested documentation can substantially delay
delivery.
Upon acceptance
These specifications are subject to modification if this proposal is
not accepted within 5 business days from the date of this letter.
In order to complete this assignment under the terms outlined,
CBRE, Inc., Valuation & Advisory Services, will require the
following specific information for the property:
1. Title reports or legal descriptions.
2. Contact for inspection purposes.
3. Signed engagement letter or equivalent, with Notice to
Proceed.
When executed and delivered by all parties, this letter, together with the Terms and Conditions and the
Specific Property Data Request attached hereto and incorporated herein, will serve as the Agreement for
vurVVIA1,„ C lite, USt'ffICI U Ot
CBRE
VALUATION & ADVISORY SERVICES
CITY OF TUKVVI[„A,,
Assignment AgreerTIerIt
Page 4 of 8
January 17, 2023
appraisal services by and between CBRE and Client. Each person signing below represents that it is
authorized to enter into this Agreement and to bind the respective panties hereto.
We appreciate 1 his opportunity to b e of se vice to you o n t his assignment. f y ou ha ve additional
questions, please contact us.
Sincerely,
CBRE, Inc.
Valuation &
visory Services
S. Murray Brackett, MAI
Director
As Agent for CBRE, Inc.
T 206.595.1068
murray.brackett@cbre.carn
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CBRE
VALUATION & ADVISORY SERVICES
CITY OF TUKWILA
Assig nmen Agreement
Pc:tge 5 of 8
January 17, 2023
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FOR CFFY OF TUKWILA ("CLIENT"):
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Signature
Hari Ponnekanti
Name
425.431.2455
Phone Number
AM
01-18-2023
Date
Public Works Director
Title
Hari Ponnekanti
E -Mail Address
ADDITIONAL OPTIONAL SERVICES
Assessment & Consulting Ser vices: CBRE's Assessment & Consulting Services group has the
capability of providing a wide array of solution -oriented due diligence services in the form of
property condition and environmental site assessment reports and other necessary due diligence
services (seismic risk analysis, zoning compliance services, construction risk management, annual
inspections, etc.). CBRE provides our clients the full complement of due diligence services with
over 260 employees in the U.S. that are local subject matter experts.
Initial below if you d esire CBRE to contact you to d iscuss a proposal for an y p art or the full
complement of consulting services, or you may reach out to us at
wh p,„p ns pro pos (q.) cb 0,„ corn We will route your request to the appropriate manager. For
more information, please visit vvvm,chre.combossessrine n
HP
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CBRE
VALUATION & ADVISORY SERVICES
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CITY OF TUKWILA
Assignment Agreement
Page 6 of 8
January 17, 2023
1. The Terms and Conditions herein are part of an agreement for appraisal services (the "Agreement" ) between
CBRE, Inc. (the "Appraiser') and the client signing this Agreement, and for whom the appraisal services will be
performed (the "Client"), and shall be deemed a part of such Agreement as though set forth in full therein. The
Agreement shall be governed by the laws of the state where the appraisal office is located for the Appraiser
executing this Agreement.
2. Client shall be responsible for the payment of al I fees stipulated in the Agreement. Payment of the appraisal fee
and preparation of an a ppraisal report (the " Appraisal Report, or t he " report") are n at contingent u pon any
predetermined value or on an action or event resulting from the analyses, opinions, conclusions, or use of the
Appraisal Report. Final payment is due as provided in the Proposal Specifications Section of this Agreement, If a
draft report is requested, the fee is considered earned upon delivery of the draft report. It is understood that the
Client may cancel this assignment in writing at any time prior to delivery of the completed report. I n such event,
the Client is o bligated only for the prorated share of t he f ee based u pon the work completed and expenses
incurred (including travel expenses to and from the job site), with a minimum charge of $0. Additional copies of
the Appraisal Reports are available at a cost of $250 per original color copy and $100 per photocopy (black and
white), plus shipping fees of $30 per report.
3. If Appraiser is subpoenaed or ordered to give testimony, produce documents or information, or otherwise required
ar requested by Client or a third party to participate in meetings, phone calls, conferences, litigation or other legal
proceedings (including preparation for such proceedings) because of, connected with or in any way pertaining to
this e ngagement, t he A ppraisal Re port, t he Appraiser's e xpertise, or t he P roperty, C lient shall p ay A ppraiser's
additional costs and expenses, including but not limited to Appraiser's attorneys' fees, and additional time incurred
by Appraiser based on A ppraiser's t hen -prevailing h ourly ra tes a nd re lated f ees. Such charges in clude a nd
pertain to, but are not limited to, time spent in preparing for and providing court room testimony, depositions,
travel time, mileage and related travel expenses, waiting time, document review and production, and preparation
time (e xcluding p reparation of 1 he A ppraisal Report), m eeting pa rticipation, an d A ppraiser's ot her r elated
commitment of time and expertise. H ourly charges and other fees for such p articipation w ill be provided upon
request. I n the event Client requests additional appraisal services beyond t he scope and purpose stated i n the
Agreement, Client agrees to pay additional fees for such services and to reimburse related expenses, whether or
not the completed report has been delivered to Client at the time of such request.
4. Appraiser shall have the right to terminate this Agreement at any time for cause effective immediately upon written
notice to Client on the occurrence of fraud ar the willful misconduct of Client, its employees or agents, or without
cause upon 5 days written notice.
5. In the event C lient fails to make payments when due then, from the date due until paid, the amount due and
payable sholl bear interest at the maximum rate permitted in the state where the office is located for the Appraiser
executing t he A greement. I n the event either p arty i nstitutes legal a ction a gainst th e other to enforce i ts r ights
under this Agreement, the prevailing party shall be entitled to recover its reasonable attorney's fees and expenses.
Each party waives the right to a trial by jury in any action arising under this Agreement.
6. Appraiser assumes there are no major or significant items or issues affecting the Property that would require the
expertise of a professional building contractor, engineer, or environmental consultant for Appraiser to prepare a
valid report. Client acknowledges that such additional expertise is not covered in the Appraisal fee and agrees
that, if such additional expertise is required, it shall be provided by others at the discretion and direction oft he
Client, and solely at Client's additional cost and expense.
7. In t he event of a ny d ispute between Client and Appraiser r elating to this Agreement, o r A ppraiser's or Client's
performance hereunder, Appraiser a nd Client agree t hat such dispute sh all be resolved by means of binding
arbitration i n accordance w ith t he c ommercial ar bitration r ules of t he A mericon Arbitration A ssociation, a nd
judgment u pon t he award rendered by an ar bitrator m ay b e e ntered i n an y cou rt of c ompetent j urisdiction.
Depositions may be taken and other discovery obtained during such arbitration proceedings to the same extent as
authorized in civil judicial proceedings in the state where the office of the Appraiser executing this Agreement is
located. The arbitrator shall be limited to awarding compensatory damages and shall have no authority to award
punitive, exemplary or similar damages. The prevailing party in the arbitration proceeding shall be entitled to
recover its expenses from the losing party, including costs of the arbitration proceeding, and reasonable attorney's
fees, Client acknowledges that Appraiser is being retained hereunder as an i ndependent contractor to perform
the services described herein and nothing in t his Agreement shall be deemed t o create any other relationship
VALUATION'f ADVISORY SERVICES
CITY OF TU ILA
Assignment Agreement
Page 7i of Vii`
January 17, 2023
between Client and Appraiser. This engagement shall be deemed concluded and the services hereunder
completed upon delivery to Client of the Appraisal Report discussed herein.
8. All statements of fact in the report which are used as the basis of the Appraiser's analyses, opinions, and
conclusions will be true and correct to Appraiser's actual knowledge and belief. Appraiser does not make any
representation or warranty, express or implied, as to the accuracy or completeness of the information or the
condition of the Property furnished to Appraiser by Client or others. TO THE FULLEST EXTENT PERMITTED BY
LAW, APPRAISER DISCLAIMS ANY GUARANTEE OR WARRANTY AS TO THE OPINIONS AND CONCLUSIONS
PRESENTED ORALLY OR IN ANY APPRAISAL REPORT, INCLUDING WITHOUT LIMITATION ANY WARRANTY OF
FITNESS FOR ANY PARTICULAR PURPOSE EVEN IF KNOWN TO APPRAISER. Furthermore, the conclusions and
any permitted reliance on and use of the Appraisal Report shall be subject to the assumptions, limitations, and
qualifying statements contained in the report.
9. Appraiser shall have no responsibility for legal matters, including zoning, or questions of survey or title, soil or
subsoil conditions, engineering, or other similar technical m alters. T he report will not constitute a s urvey of t he
Property analyzed.
10. Client shall provide Appraiser with such materials with respect to the assignment as are requested by Appraiser
and in the possession or under the control of Client. Client shall provide Appraiser with sufficient access to the
Property to be analyzed, and hereby grants permission for entry unless discussed in advance to the contrary.
11, The d ata gathered i n the course of t he assignment (except data furnished by Client) and the report prepared
pursuant to the Agreement a re, a nd wi ll remain, the property of Appraiser. W ith respect to data provided by
Client, A ppraiser s hall n of vi orate t he con fidential nature of t he A ppraiser-Client r elationship by improperly
disclosing any p roprietary 'r nformation fu rnished t o A ppraiser. No twithstanding 1 he for egging, A ppraiser is
authorized by Client to disclose all or any portion of the report and related data as may be required by statute,
government regulation, legal process, or judicial decree, including to appropriate representatives of the Appraisal
Institute if s uch di sclosure i s r equired to e noble A ppraiser t o com ply w ith t he Bylaws an d Regulations of s uch
Institute as now or hereafter in effect.
12. Unless specifically noted, in preparing the Appraisal Report t he Appraiser will not be c onsidering t he possible
existence of as bestos, P CB t ransformers, or at her toxic, hazardous, or con taminated s ubstances an d/or
underground s torage t anks { collectively, "Hazardous M aterial) on or of fecting 1 he P roperty, or 1 he cos t of
encapsulation or r emoval t hereof. F urther, C lient r epresents t hat t here i s n o m ajor or s ignificant de +erred
maintenance of the Property that would require the expertise of a professional cost estimator or contractor. If such
repairs are needed, the estimates are to be prepared by others, at Client's discretion and direction, and are not
covered as part of the Appraisal fee.
1 In the event Client intends to use the Appraisal Report in connection with a tax matter, Cllient acknowledges that
Appraiser p rovides n o warranty, r epresentation or prediction a s t o t he ou tcome o f such t ax m atter. C lient
understands a nd acknowledges t hat any relevant t axing authority (whether the I nternal Revenue Ser vice or any
other federal, state or (local taxing authority) may disagree with or relject the Appraisal Report or otherwise disagree
with Client's tax position, and further understands and acknowledges that the taxing authority may seek to collect
additional taxes, interest, penalties or fees from Client beyond what may be suggested by the Appraisal Report.
Client agrees that Appraiser shall have no responsibility or liability to Client or any other party for any such taxes,
interest, penalties or fees and that Client will not seek damages or other compensation from Appraiser relating to
any such taxes, interest, penalties or fees imposed on Client, or for any attorneys' fees, costs or other expenses
relating to Client's tax matters.
14. Appraiser shall have no liability with respect to any loss, damage, claim or expense incurred by or asserted against
Client arising out of, based upon or resulting from Client's failure to provide accurate or complete information or
documentation pertaining to an assignment ordered under or in connection with this Agreement, including Client's
failure, or the failure of an y of Client's agents, to provide a complete copy of the Appraisal Report to any third
party.
15. LIMITATION OF LIABILITY. EXCEPT TO TH E EXTENT ARISING F ROM SECTION 16 B ELOW, OR SECTION 17 1 F
APPLICABLE, I N NO E VENT SHALL E iTHER P ARTY OR A NY OF ITS A FFILIATE, OFFICERS, D IIRECTORS,.
EMPLOYEES, A GENTS, OR C ONTRACTORS B E L IABLE T 0 T HE 0 THER, WHETHER BA SED I N C ONTRACT,
WARRANTY, INDEMNITY, NEGLIGENCE, STRICT LIABILITY OR OTHER TORT OR OTHERWISE, FOR ANY SPECIAL,.
CONSEQUENTIAL, P UNITIVE, I NCIDENTAL 0 R i NDIRECT D AMAGES, AND AG GR€GATE D AMAGES 1 N
CONNECTION WITH THIS AGREEMENT FOR EITHER PARTY (EXCLUDIING THE OBLIGATION TO PAY THE FEES
REQUIRED H EREUNDER) SHALL N OT EX CEED THE G REATER 0 F TH E TOTAL FE ES PAYABLE TO APPRAISER
UNDER THIS AGREEMENT OR TEN THOUSAND DOLLARS ($10,000'). T HIS LIABIUTY LIMITATION SHALL NOT
VALUATION Si ADVISORY SERVICES CITY OF TUKWILA
Assigrirnent Agreement
Page 8 of 8
January 17, 2023
APPLY IN THE EVENT OF A FINAL FINDING BY AN ARBITRATOR OR A COURT OF COMPETENT JURISDICTION
THAT SUCH LIABILITY IS THE RESULT OF A PARTY'S FRAUD OR WILLFUL MISCONDUCT.
16, Client shall not disseminate, distribute, make available or otherwise provide any Appraisal Report prepared
hereunder to any third party (including without limitation, incorporating or referencing the Appraisal Report , in
whole or in part, in any offering or other material intended for review by other parties) except to (i) any third party
expressly acknowledged in a signed writing by Appraiser as an "Intended User" of the Appraisal Report provided
that either Appraiser has received an acceptable release from such third party with respect to such Appraisal
Report or Client provides acceptable indemnity protections to Appraiser against any claims resulting from the
distribution of the Appraisal Report to such third party, (ii) any third party service provider (including rating
agencies and auditors) using the Appraisal Report in the course of providing services for the sole benefit of an
Intended User, or (iii) as required by statute, government regulation, legal process, or judicial decree. In the event
Appraiser consents, in writing, to Client incorporating or referencing the Appraisal Report in any offering or other
materials intended for review by other parties, Client shall not distribute, file, or otherwise make such materials
available to any such parties unless and until Client has provided Appraiser with complete copies of such materials
and Appraiser has approved all such materials in writing. Client shall not modify any such materials once
approved by Appraiser. In the absence of satisfying the conditions of this paragraph with respect to a party who is
not designated as an Intended User, in no event shall the receipt of an Appraisal Report by such party extend any
right to the party to use and rely on such report, and Appraiser shall have no liability for such unauthorized use
and reliance on any Appraisal Report. In the event Client breaches the provisions of this paragraph, Client shall
indemnify, defend and hold Appraiser, and its affiliates and their officers, directors, employees, contractors, agents
and other representatives (Appraiser and each of the foregoing an "Indemnified Party" and collectively the
"Indemnified Parties"), fully harmless from and against all losses, liabilities, damages arid expenses (collectively,
"Damages") claimed against, sustained or incurred by any indemnified Party arising out of or in connection with
such breach, regardless of any negligence on the part of any Indemnified Party in preparing the Appraisal Report.
17, Furthermore, Client shall indemnify, defend and hold each of the Indemnified Parties harmless from and against
any Damages in connection with (1) any transaction contemplated by this Agreement or in connection with the
appraisal or the engagement of or performance of services by any Indemnified Party hereunder, (ii) any Damages
claimed by any user or recipient of the Appraisal Report, whether or not an Intended User, (iii) any actual or
alleged untrue statement of a material fact, or the actual or alleged failure to state a material fact necessary to
make a statement not misleading in light of the circumstances under which it was made with respect to all
information furnished to any Indemnified Party or made available to a prospective party to a transaction, or (iv) an
actual or alleged violation of applicable law by an Intended User (including, without limitation, securities laws) or
the negligent or intentional acts or omissions of an Intended User (including the failure to perform any duty
imposed by law); and will reimburse each Indemnified Party for all reasonable fees and expenses (including fees
and expenses of counsel) (collectively, "Expenses") as incurred in connection with investigating, preparing,
pursuing or defending any threatened or pending claim, action, proceeding or investigation (collectively,
"Proceedings") arising therefrom, and regardless of whether such Indemnified Party is a formal party to such
Proceeding. Client agrees not to enter into any waiver, release or settlement of any Proceeding (whether or not
any Indemnified Party is a formal party to such Proceeding) without the prior written consent of Appraiser (which
consent will not be unreasonably withheld or delayed) unless such waiver, release or settlement includes an
unconditional release of each Indemnified Party from all liability arising out of such Proceeding.
18. Time Period for Legal Action. U nless the t ime period is shorter under applicable law, except in connection with
paragraphs 16 and 17 above, Appraiser and Client agree that any legal action or lawsuit by one party against the
other party or its affiliates, officers, directors, em ployees, contractors, agents, or other representatives, whether
based in contract, warranty, i ndemnity, ne gligence, strict liability or other t ort or otherwise, relating t o ( a) this
Agreement or the Appraisal Report, (b) any services or appraisals under this Agreement or (c) any acts or conduct
relating to such services or appraisals, shall be filed within two (2) years from the date of delivery to Client of the
Appraisal Report to which the claims or causes of action in the legal action or lawsuit relate. The time period
stated in this section shall not be extended by any incapacity of o party or any delay in the discovery or accrual of
the underlying claims, causes of action or damages.
VALUATION & ADVISORY SERVICES
Proposal and Contract or Se
If any of the requested data and information is not available, CBRE, Inc., reserves the right to extend
the delivery date by the amount of time it takes to receive the requested information or make other
arrangements. Please have the requested information delivered to the following:
S. Murray Brackett, MAI
Director
murroy.brackett@cbre.com
CBRE, Inc.
Valuation & Advisory Services
1420 Fifth Avenue, Suite 1700
Seattle, Wa. 98101
vurVVIA1,„ C lite, USt'ffICI U Ot
CBRE
PROJ ECT:
DESCRIPTION:
JUSTIFICATION:
STATUS:
MAIN T. IMPACT:
COMMENT:
CITY OF TUKWILA CAPITAL PROJECT SUMMARY
2023 to 2028
Nelsen Salmon Habitat Side Channel Project No. 91641203
Create an off -channel salmon rearing habitat side channel by connecting a segment of historic river
channel with the Green River,
WR IA 9 has identified this project a proposed action in the Salmon Habitat Plan.
The project area is primarily within State lands, but the intent is to transfer to City. The project may take place
under an aquatic lease (DNR), depending on timing. Grant application for design funding submitted to Floodplains
in 2020 with a low probability of success.
Expected to increase maintenance
Property acquisition to the north could create the opportunity for a side channel and additional flood storage, or
potentially combine this with Gilliam Creek Fish Barrier project depending on funding source feedback.
FINANCIAL
(in $000's)
Through Estimated
2021 2022 2023
2024
2025
2026
2027
2028
BEYOND TOTAL
EXPENSES
Project Locatian
Design
1--
50
300
300
Vp" ,
4)
I '
' I
GI
,S,19,6
, ,
St
650
Land (R/W)
'rlf.ff
5
300
•/!,/,'":
W
/
305
Monitoring
r ..!'„r'
.. •
'9, ..,„
ii
I-
Ea
1
l' .._,....
0
Const, Mgmt.
.,„
385
$.t
41514it
- . - -- A 5
i -ruww11e Pk ,,
Acm.
385
Construction
1,440
1,440
TOTAL EXPENSES
0
55
600
300
1,825
0
0
0
0
2,780
FUND SOURCES
Awarded Grant
50
150
150
350
Proposed Grant
300
100
1232
1,632
Mitigation Actual
0
Mitigation Expected
0
Utility Revenue
0
5
150
50
593
0
0
0
0
798
TOTAL SOURCES
0
55
600
300
1,825
0
0
0
0
2,780
2023 - 2028 Capial Improvement Program
Project Locatian
1--
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MI
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al E 3 11. I St I '
j1
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2023 - 2028 Capial Improvement Program