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HomeMy WebLinkAboutContract . .___ _ __.__ CAG-17-228 CITY 4F � : �� ��� � ? � AGREEMENT FOR APPRAISAL REVIEW � � � THIS AGREEMENT, dated December��, 2017, is by and between the City of Renton (the �. "City"), a Washington municipal corporation, and CIC Valuation Group, Inc. ("Consultant"), a �; Washington corporation. The City and the Consultant are referred to collectively in this � 3" Agreement as the "Parties." Once fully executed by the Parties, this Agreement is effective as of �: the last date signed by both parties. �' 1. Scope of Work: Consultant agrees to provide review of an appraisal report and associated letter as specified in the Exhibit Proposal letter dated November 29, 2017, �: which is attached and incorporated herein and may hereinafter be referred to as the � "Work.,, � �` �: 2. Chan�es in Scope of Work: The City, without invalidating this Agreement, may order �' changes to the Work consisting of additions, deletions or modifications. Any such � changes to the Work shall be ordered by the City in writing and the Compensation shall � be equitably adjusted consistent with the rates set forth in the Exhibit Proposal letter �` t � dated November 29, 2017 or as otherwise mutually agreed by the Parties. � �', 3. Time of Performance: Consultant shall commence performance of the Agreement " within three (3) days upon receiving the Notice to Proceed. All Work shall be performed : by no later than February 28, 2018. �: �, � 4. COmpenSatiOn: a f' A. Amount. Total compensation to Consultant for Work provided pursuant to this � Agreement shall not exceed $2,500.00, plus any applicable state and local sales � taxes. Compensation shall be paid based upon Work actually performed according to � the rate(s) or amounts specified in the Exhibit Proposal letter dated November 29, E 2017. The Consultant agrees that any hourly or flat rate charged by it for its Work �' shall remain locked at the negotiated rate(s) unless otherwise agreed to in writing or �' � provided in the Exhibit Proposal letter. Except as specifically provided herein, the ; Consultant shall be solely responsible for payment of any taxes imposed as a result � of the performance and payment of this Agreement. ; R f, B. Method of Pavment. On a monthly or no less than quarterly basis during any quarter � in which Work is performed, the Consultant shall submit a voucher or invoice in a � € � � � � � � � � form specified by the City, including a description` of what Work has been performed,the name of the personnel performing such Work, and any hourly labor charge rate for such persanneL The Consultant shall also submit a final bill upon � complet'ion of al) Work. Payment shall be made by the City for Work performed �, within thirty (30) calendar days after receipt and approval by the appropriate City ' representative of the voucher or invoice. If the Consultant's performanee does not � me�t the requirements af this Agreement, the Consultant will correct or modify its ; performance to comply with the Agreement. The City may withhold payment for � work that daes not rneet the requirements of this Agreement. ' y C. fffect ofi Pavment. Payment for any part of the Work shall not constitute a waiver by the City of any remedies it may have against the Consuttant for failure of the w' Consultant to perform the Work or for any breach of this Agreement by the Consultant. �: ; � 4 D. Non-Apprapriation of Funds.if sufficient funds are not appropriated or allocated for ; payment under this Agreement for any future fiscal period, the City shall not be obligated to make payments for Work or amounts incurred after the end of the , current fiscal period, and this Agreement will terminate upan the completion of ail � remaining Work for which#unds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. , � `5. Termination: A. The City reserves the right to`terminate this Agreement at any time, with or without cause by giving ten (10) calendar days' notice to the Consultant in writing. In the � event of such termination orsuspension, all finished or unfinished documents, data, � studies,' worksneets, models and <reports, or other material prepared by the Consu{tant pursuant to this'Agreement shall be submitted to the City, if any are required as part of the Work. � � , „ � � B. In the event this Agreement is terminated by the City, the Consultant shall be � P; entitled to payment for all hours warked to the effective date of termination, less alf ; payments previously made. If the Agreement is terminated by the City after partiaf � performance of Work for which the agreed compensation is a fixed fee, the City shall pay the ConsWtant an equitabie share of the fixetl fee. This provision shall not K � � � prevent`the City from seeking any`legal remedies it may have for the violation or �: � nonperformance of any of the provisions of this Agreement and such charges due to the City shall be deducted from the final payment due the Consultant. No payment shall be made by the City for any expenses incurred ar work done fallowing the effective date of termination unless authorized in advance in writing by the City. Page 2 of 10 � ; ,' � � � � � � � � � k � 6. Warranties And Ri�ht 7o Use Work Product:Consultant represents and'warrants that Consultant will perform all Work identified 'in this Agreement in a professional and � workmanlike manner and in accordance with all reasonable and professional standards = ' and laws. 'Compiiance with professional standards includes, as applicabie, performing k the Work in compliance with applicable City standards or guidelines (e.g:design criteria and Standard Plans for Road, Bride and Munic'rpal Construction). Professional engineers shall certify engineering plans,specifieations, plats, and reports, as applicable, pursuant <to RCW 18.43.070. Consultant further represents and warrants that <all final work product created for and delivered to the City pursuant to this Agreement shall be the ariginal work of the Consultant and free from any intellectual property encumbrance � which would restrict the City from using the work product. Consultant grants to the City a non-exclusive, perpetual right and license to use, reproduce, distribute,adapt, modify, ; and display all final work product produced pursuant to this Agreement. The City's or � other's adaptation, madification or use of the final work praducts other than for the � purposes of this Agreement shall be without liability to the Consultant.The provisions of � � � � 'this section shall survive the expiration or termination of this Agreement. � 7. Record Maintenance: The Consultant shaf( maintain accounts and records, which � � properly reflect afl direct and indirect costs expended and Work provided in the � ' performance of this Agreement and retain such records for as long as may be required � by applicable Washington State records retention laws, but in any event no less than six - years afterthe termination of this Agreement.The Consultant agrees#o provide access to and capies of any records related to'this Agreement as required by the City to audit expenditures and charges and/or to comply with the Washington State Public Records Act (Chapter 42.56 RCW}. The provisions of this section shall survive the expiration or termination of this Agreement. . 8. Public Records Compliance:To the fu11 extent the City determines necessary to comply with the Washington State Public Records Act, Consultant shall make a due diligent search of all records `in its possession or control relating fio this Agreernent and the � � � ; Work, including, but not limited to, e-mail, correspondence, notes, saved telephone messages, recordings, photos, or drawings and provide them to the City for production. �: In the event Consultant believes said recards need to be protected from disclosure, it � may; at Consultant's own expense, seek judicial protection. Consultant shall indemnify, defend, and hold harmless the City for all cosfis, including attorneys' fees, attendant to � any claim or litigation related to a Public Records Act request for which Consulfant has � responsive records and for which Consultant has withheld records or information contained therein,or not provided them to the Cjty in a timely manner. Consultant shall ` produce for distribution any and all records responsive to the Public Records Act request in a t'imely manner, unless those records are protected by court order.The provisions of r this section shall survive the expiratidn or termina#ion of this Agreement. � Page 3 of 10 � � � � � � � � � � �: : � . � � . . .. . . . . . � . . . . . j". � � � 9. Independent Contractor'Relationship: � A. The Consultant is retained by the City only far the purposes and to the extent set forth in`this Agreement.The'nature of the relationship between the Consultant and � the City during the period of the Work shall be that of an independent contractor, not employee. The Consultant, not the City, shall have the 'power to control and direct the details, manner or means of Work. Specifica►ly, but not by means of limitation, the Consultant shall have no oblig�tion to work any particular hours or particular schedule, unless otherwise indicated in the Scope of Work or where � � � � scheduling of attendance or performance is mutually arranged due to the nature ofi = the Work.Consultant shall retain the right to designate the means pf performing the Work covered by this agreement, and the Consultant shall be entitled to employ � other workers at such compensation and such other conditions as it may deem � proper, provided, however„ that any contract so made by the Consultant is to be ` ' paid by it alone, and that employing sueh workers, it is acting individually and not as an agent for the City. _ � �. B. The City shall not be responsible for withholding or otherwise deducting#ederal � income tax or Social Security or contributing to the State Industrial Insurance E Program, or �therwise assuming the duties nf an employer with respect to Consultant or any employee of the Consultant. C. !f the Consultant is a sole proprietorship or if this Agreement is with an individual, the Consultant agrees to notify the City and complete any required form if the � Consultant retired under a State of Washington retirement system and agrees ta � indemnify any losses the City maysustain through the Consultant's faifure to do so. � ; 10. Nold Harmless:The Consultant agrees to release, indemnify, defend, and hold`harmless the City, etected officials,employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, �' ; proceedings, judgments, awards, injuries, damages, :liabilities, taxes, losses, fines,fees, : , penalties, expenses, attorney's or attorneys'fees,costs, and/or litigation expenses to or � by any and all persons or �r�tities, arising from, resulting from, or related to the negligent 'acts, errors or omissions of the Consu(tant 'in its performance of this � Agreement or a breach of this Agreement by Consultant, except for that portion of the � cCaims caused by the City's sole negligence. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, {Validity of agreement to indemnify against liability for negligence relative to construction, alteration, improvement, etc., of structure or improvement � attached to real estate...) 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, Consuitant's liability shall be only to the extent of Consultant's negligence. Page 4 of 10 � � � � s i ; € it is further specifically and expressly understoad that the indemni#ication provided in this Agreement constitute Consultant's waiver of immunity under -the Industrial ; Insurance Act, RCW Title 51,solely for the purposes of this indemnification.The Parties have mutually negotiated and agreed to this waiver.The provisions of this section shall '" survive the expiration or termination of this Agreement. � 11. Gifts and Conflicts: The City's Code of Ethics and Washingtan State law prohibit City ` employees from soliciting, accepting, or receiving any gift, gratuity or favor from any � � � � person, firm or corporation invalved in a contract or transaction.To ensure compliance with the City's Code of Ethics and state law, the Consultant shall not give a gift of any � kind to City employees or officials. Consu(tant also confiirms that Consultant does not � � have a business interest or a close family relationship with any City officer or employee ` who was, is, or will be involved in selecting the Consultant, negatiating or administering � ; this Agreement,or evafuating the Consultant's performance of the Work. � 12. CitY of Renton Business License: The Consultant shall obtain a City of Renton Business License priar to performing any Work and maintain the business license in good standing throughout the term'of this agreement with the City. � Information regarding acquiring a city business'license can be found at: �` http:/Irentonwa.�ov/business/default.aspx?id=�4�&mid=328. �; � � � Information regarding State business licensing'requirements can be found at: http.[/dar,wa.�ov/contentldoingbusiness/re�istermvbusiness/ � � ,. 13. Insurance:Consultant shall secure and maintain: � �. A. Commercial general liability insurance in the minimum amaunts of$1,000,000 for r; each occurrence/$2,�00,000 aggregate for the Term of this Agreement. � B. In the event that Work delivered pursuant to #his Agreement either directly or ; indirectly involve or require Professional Services, Professional Liability, Errors and ; Qmissions coverage shall be provided with minimum limits of $1,000,000 per occurrence. "Professianal Services",'for the purpose of this section, shall mean any ;° Work provided by a licens�d professianal or Work that requires a professional f:` standard of care. �` ���� �F C. Workers' compensatian coverage, as required by the Industrial Insurance laws of g: the State af Washington,shall also be secured. �, � � �� D. Commerciai Autamob'ile Liability for owned, leased, h'ired or non-owned,'leased, ' hired or non-owned, with minimum limits of $1,000,000 per occurrence combined ; � ; � .. .. �. . � . � . . � �. . � . . . � k. Page 5 of 10 � � � g, . . . .... . . . . . . . . 4. � � � � � � � � � �; �; single limit, if there will be any use of Consultant's vehicles on the City's Premises by or on behalf of the City, beyond normal commutes. � E. Consultant shall name the City as an Additional Insured on its commercial generai � liability`policy an a non-contributory primary basis.The City's insurance poficies shall ; not be a source for payment of any Consultant liability,nor shall the maintenance of any insurance required by this Agreement be construed to limit the liability of � Consultant to the coverage provided by such insurance or otherwise limit the City's �; recourse to any remedy available at law or in equity. � F. Subject to the City's review and acceptance, a certificate of insurance showing the ' , proper endorsements,shall b�delivered to the City before performing the Work. 5; G. Consultant shall provide the City with written notice`of any policy cancellation, within two(2)business days of their receipt of such notice. � P; 14. Delavs: Consultant is not responsible for delays` caused by factors beyond the � � Consultant's reasonable control. When such delays beyand the Consultant's reasonable � control occur,the City agrees the Cons�altant;is not responsible for damages, nor shall the Consultant be deemed to be in default of the Agreement, y` 15. ' Successors antl Assi�ns: Neither the City nor the Consultant shall assign, transfer or � encumber any rights, duties or interests accruing from this Agreement without the � , , written consent of the other. t ` 16, Notices: Any notice required under this Agreement will be in writing, addressed to the � appropriate party at the address which appears below (as modified in writing from time ¢ to time by such party), and given personally, by registered or certified mail, return ' � receipt requested, by facsimile or by nationally recognized overnight courier service. �' Time period for notice�shall be deemed to have commenced upon the date of receipt, - EXCEPT facsimile delivery will be deemed to have commenced an the first business day q following transmission. Email and telephone may be used for purposes of administering �' the Agreement, but should not be used to give any formal notice required by the � ` Agreement. ' ;'; k CITY OF RENTON CONSULTANT � E: r �-. Leslie A. Betlach Barrett Keitges, MAI ` 1055 South Grady Way C1C Valuation Group, Inc; a Renton,WA 98057' S611119th Ave SE,Suite 4 Phone:(425)430-6619 Belfevue,WA 98006 Lbetlach@rentonwa.gov Phone:425-645-0426 � � Fax:(425}430-6603 barrett�cicvaluation.com r; �, � 4i Page 6 bf 10 �'` � s t � ; . � . . . . � � . . � Yk fy� A . . . . .. . . . . . . � . B: � . .. . � � . � � � 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,the Consuftant agrees as follows`. ` A. Consultant, and Consultant's agents, employees, representatives, and volunteers = with regard to the Work performed ar to be performed under this Agreement, shaii � not discriminate on the basis of race, color, sex, religion, nationality, creed,;marital {' Status, sexual orientation or preference, age (except minimum age �and retirement � provisions), honorably discharged veteran or military status, or the presence of any ` sensory, mental or physical handicap, unless based 'upon a bona fide occupational qualification in relationship to hiring and employment,'in employmenf or applfcation for employment, the administration of the delivery of Work or any other benefits �' under this Agreement,'or procurement af materials or supplies.' r � B. The Consultant will take affirmative action ta insure that applicants are emptoyed and that employees are treated during employment without regard to their race, creed, color, national origin, sex,age,sexual orientation, physical, sensory or mental �' � handicaps, or 'marital status. Such action shall indude, but not be limited to the � foltowing emplayment, upgrading,demotion or transfer, recruitment or recruitment � advertising, layoff or termination, rates of pay or other forms of compensation and '` selection for training. C. If the Consultant fails to comply with any of 'this Agreem�nt's non-discrimination � provisions, the City shaU have the right, at its option, to cancel the Agreement in � whoie or in part. s , � 4 D. The Consultant is responsible #o be aware of and in compliance with all federal, r state and local laws and regulations that may affect the satisfactory'completion of � E> the project, which includes but is not limited to fair fabor laws, worker's compensation, and Tit1e VI of the Federa! Civil Rights Act of 1964, and wil[ comply r , with City of Renton �ouncil Resolution Number 4085. � �: � 18. Miscellaneous:The parties hereby acknowletlge: � A. The City is nat responsible to train or provide training for Consultant. �` t � E B. Consultant wifl not be reimbursed for job related expenses except to the extent specificafty agreed within the attached exhibits. C. Cansultant shall furnish all tools andjar materials necessary to perform the Work � except to the extent specifically agreed within the attached exhibits. � �: D. In#he event special training,<licensing, ar certification is required for Consultant to � , �; provide Work he/she will acquire or maintain such at his/her own expense and, if � � � Page 7 of 10 � �' �' ; � � � � c � � Consultant employs, -sub-contracts, or otherwise assigns the responsibility to � perform the Work, said employee/sub-contractor/assignee will acquire=and or maintain such training, licensing,or certification. �, E. This is a non-exclusive agreement and Consultant is free to provide his/her Work to � ' other entities,so long,as there is no interruption or interference �rvith the provision � of Work called for in this Agreement. : , `s: � ; F. Consultant is responsible for his/her own insurance, including, but not limited to i' health insurance. G. Consultant is responsible for his/her own Worker's Compensation coverage;as well as that for any persons employed by the Consultant. 19. Other Pravisions: A. Approval Authoritv. Each individual executing this Agreement'on behalf of the City � :and Consultant represents and warrants that such individuals are duly authorized to f execute and deliver this Agreement on behalf of the City or Consultant. B. General Administration and Mana�ement. The City's project manager is Leslie A. � Betlach. ln providing Work, Consultant shall coordinate with the City's contract manager or hisJher designee. �; r C. Amendment and Modification. This Agreement may' be amended only by an � instrument in writing,duly executed by both Parties. � * D. Conflicts. ln the event of any inconsistencies between Consultant proposals and this � .Agreement, the terms of this Agreement shall prevail. Any exhibits/attachmentsto ; this Agreement are incorporated by reference only to the extent of the purpose for �` ' which they are referenced within this Agreement. To the extent a Consultant �' prepared exhibit conflicts with the terms in the body of#his Agreement or contains � terms that are extraneous to the purpose for which it is referenced,#he terms in the body of 'this Agreement shall prevail and the extraneous terms shall not be incorporated'herein.< �' � E. Governin� Law. This Agreement shall be made in and shall be governed by and � interpreted in accordance with the laws of the State Qf Washington and the City of Renton. Consultant and all of the Consultant's employees shatl perFarm the Work in ; accordance with all 'applicable federal, state, county and city laws, codes and � ordinances. � Page 8 of 10 � � � � � F. Joint Draftin� Effort: This Agreement shall be considered for all purposes as � ° prepared by the joint efforts of the Parties and shall not be canstrued against one :` party or the ather as a result of the preparation, substitution, submission or other event of negotiation, drafting or execution. � ' �. � G. Jurisdiction and Venue. Any lawsuit or legal action brought by any party to enforce � or interpret this Agreement or anyof its terms ar covenants shall be brought in the � King Cvunty Superior Court for the State of Washington at the Maleng Regional ; �ustice Center in Kent, King County,Washington,or its replacement or successor: ; H. Severabilitv.A court of campetent jurisdiction's determination that any provisian or � part of this Agreement is illegal or unenforceabte shall not cancel or invalidate the k remainder of this Agreement, which shall remain in full force and effect. ; 1. Sole and Entire A�reement,This Agreement contains the entire agreement of the Parties and any representations or understandings, whether oral or written, not � incorporated are excluded. �' . � . . � � � . � .. � � . f;: . . . . . . . . .. .. y: J. Time is of the Essence.Time is ofi the essence of this Agreement and each and all of � its provisions in which perfarmance is a factor. Adherence to completion dates set �' forth in the description of the Work is essential to the Consultant's perfarrnance vf �" this Agreement. :� � K. Third-Partv Beneficiaries. Nothing in this Agreement is intended to, nor shall be ,: construed to give any rights or benefits in the Agreement to anyone other than the � Parties, and all duties and responsibilities undertaken pursuant to this Agreement ; will be for the sole and exclusive benefit of the Parties and no one else. l. Bindin f� ffect.The Parties each bind themselves,their partners, successors, assigns, and legal representatives to the other party ta this Agreement, and to the partners, successors, assigns, and legal representatives of such other party with respect to all covenants of the Agreement. M. Waivers. All waivers shall be in writing and signed by the waiving party: Either € party's failure to enforce any provision of this Agreement shall not be a waiver and � shall not prevent either the City or Consultant from enforcing that provision or any � other provision of this Agreement in the future.Waiver of breach of any pravision of � this Agreement shall not be deemed to be a waiver of any priar or subsequent � `breach unless it is expressly waived in writing. � � � � � Aage 9 of 10 � $ r ; ; $ __ � g € � ; � � � N. Counterparts. The Parties may execute this Agreement in any number of � counterparts, each of which shall constitute an original, and all of which will k together constitute this one Agreement. & �. IN WITNESS WHEREOF,the Parfies have voluntarily entered into this Agreement as of the date a last signed by the Parties below. �' CITY OF RENTON ' CONSULTANT r � By: y; ,; KeIIY$eYm r ei es M , Community Services Administrator ' President, CIC Valuation Group, k Inc. _���- C � � r � � w Date Date � Approved as to Legal Form 3 //.�I'7� � .,�J� a�?!C'"d"f�""'� f � _ Shane Moloney ' Renton City Attarney ContractTemplate Updated 07/19/2017 �; > � ;; i � � �: � ; € �; r , Page 10 of 10 '� a. ;., k r G CIC Valuation Group,Inc. ; Real Estate Appraisers&Consultants 5611 119r''Ave SE, Suite 4 � Bellevue,WA 98006 � i 's_ CIC VALUATION GROUP PROPOSAL � �' �; November 29, 2017 a �: TO: Ms. Leslie A. Betlach RE: Proposal for Review of an Appraisal ' Parks Planning and Natural Resources Director Report and Associated Letter for The " City of Renton Renton Housing Authority Node � 1055 South Grady Way Property. Renton, WA 98057 � �� Professional services include review of an appraisal report and associated letter completed by Valbridge Property Advisors for The Renton Housing Authority Node Property in Renton, WA. Review completed by MAI designated appraiser for compliance with USPAP and Yellow Book in addition to the reasonableness and support for the methodology and value conclusions. The review will also include an inspection of the subject and comparable sales as ; well as consultation with the appraiser regarding revisions, if necessary. Scope of review and �` report format will be in conformance with Yellow Book and RCO requirements. ' The proposed fee the above described services is $2,500 with delivery of the review • �' report by 1/31/18. The proposed fee assumes a time commitment consistent with reviews �' completed for other properties impacted by similar actions. If the scope of review is inconsistent �: with this assumption ar development of an independent reviewer opinion of value is deemed necessary,review fee to be renegotiated to reflect the change in scope. Hourly rate for additional services is $150/hour. If questions arise concerning this proposal, please feel free to contact us. � F Sincerely, ` CIC Valuation Group,Inc. � Barrett K ges, MAI Certified General Real Estate Appraiser State of Washington Certification# 1102052 425.635.0426 �` barrett@cicvaluation.com � �� � �� , CIC Valuation Group,Inc. � � �� F � � 4.