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Home My WebLink About12-052 - Kidder Mathews - Tukwila Village AppraisalContract No. 12-052 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 Kidder Mathews, hereinafter referred to as "the Contractor whose principal office is located at 601 Union Street, Seattle, Washington. 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: 1. 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 $4,000. 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 May 14, 2012 and ending June 15, 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 C:\ Users\ eburrows\AppData\Local\Microsoft \Windows \Temporary Internet Files \Content.Outlook\HLD9LRZA \Tukwila Contract.doc kn 5/11/2012 Page 1 of 2 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 Keeping and Reportin;?. 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 ang costs of suit. DATED this g r day of MPV4 20 J CITY O TUKWI By: j aj_,� =AUT Haggert ayor E ICATED: 4)� c &Vtt,�i Christy O'Flaherty, MMC, City Clerl CONT CTOR: By: Title:_Appraiser Printed Name: Gary Klockenteizer Address: 601 Union Street. Suite 4720 APPROVED AS TO FORM: Seattle. WA 98101 Office of the ey Date approved by City Council: By: (Applicable if contract amount is over $40,000) C:\ Users\ eburrows\AppData'rocal\Microsoft \Windows \Temporary Internet Files \Content.Outlook\HLD9LRZA \Tukwila Contract.doc 5/11/2012 Page 2 of 2 Kidder Mathews May 11, 2012 Derek Speck Economic Development Adminstrator City of Tukwila 6200 Southcenter Boulevard Tukwila, WA 98188 RE: Engagement of Services Summary Appraisal Dear Mr. Speck: Via e-mail derek.speck @tukwilawa.gov We are pleased to have the opportunity to furnish appraisal services for land only involving the Tukwila Village project to be located at the intersection of Tukwila International Boulevard and South 144th Street in Tukwila, Washington. The purpose of this letter is to confirm the scope of our services for this engagement, our office practices, and our policies. We will prepare an appraisal using a comprehensive appraisal process in accordance with all the recommended methods and techniques outlined in Uniform Standards of Professional Appraisal Practice USPAP). This appraisal will be presented as a summary report and will comply with the reporting requirements of USPAP for summary reports. Only summary discussions of data reasoning and analysis will be presented. Supporting documentation concerning the data reasoning and analysis will be retained in our files. It is our understanding this will be sufficient for your needs. The appraisal will consider two use restrictions and the value of the site as defined sets with the library and parking easements and with restricted retail and office uses provided by the city. It is our understanding that these use restrictions will be jurisdictional, imposed by the city. Separate values for each use will be provided. The cost of the appraisal will be $4000. This fee is based on the scope and timing of our analysis as outlined in this letter. If the scope of analysis changes during the appraisal process, the change could alter the cost. At the stated fee you will receive an electronic copy of the report in PDF format. You may request up to two optional hard copies without additional charge by checking the box by the signature block. Additional hard copies will be available at nominal expense (billed at $50 /hour for administrative staffs time), but it is helpful if we know of your copy requirements at the time we begin work on the project. Payment for our services is due no later than 30 days following delivery of the completed reports. Any past -due accounts bear interest at the rate of 18 percent per year. We anticipate delivery of the report will be made by June 8, 2012, provided we receive your signed copy of this engagement letter authorizing us to proceed. Either parry may terminate this engagement for any reason upon written notification delivered any time prior to completion of the project. Upon such termination, you remain obligated to pay us promptly for all charges for services rendered to date, as well as for all charges incurred as a result of termination. We do not anticipate that any disputes will arise out of our relationship with you. However, if any dispute should arise about our services or fees or any other aspect of our relationship, we and you agree to seek a fair negotiated resolution. If this is not successful, all disputes shall be resolved by binding arbitration in Seattle under the DTiTder mat hew s!com Kidder Mathews Derek Speck May 11, 2012 Page 2 American Arbitration Association "AAA Commercial Arbitration Rules with Expedited Procedures in effect on the date hereof. The arbitrator may award attorneys' fees and costs to the prevailing party. If you agree with these terms of engagement and wish us to proceed, please sign where indicated below and return the letter via facsimile at 206.205.0220 or via e-mail. Very truly yours, KIDDER MATHEWS AL Gary Klockenteger, MAI State Certified General Real Estate Appraiser #1100479 051112 City of Tukwila/eb Check here if you will require two bound report copies. ACCEPTED AGREED this day of 2012: KiTs@ 77 —at hew!'?com