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Home My WebLink AboutContract CAG-17-186 CITY OF --____�........./�Ir� , i �� i I I 3 I AGREEMENT FOR APPRAISAL SERVICES � � 1 E THIS AGREEMENT, dated October �, 2017, is by and between the City ofi Renton (the � "City"j, a Washington municipal corporation, and Valbridge Property Advisors ("Consultant"), � Washington Corporation. The City and the Consultant are referred to collectively in this � Agreement as the"parties:' Once fully executed by the Parties,this Agreement is effective as of � the last date signed by both parties. (Valbridge Property Advisors � Puget Sound is a dba of our � IegaNy registered corporation, Bruce C.Allen &Associates, Inc. � 1. Scope of Work: Consultant a rees to rovide a � — g p ppraisal services as specified in Exhibit A, 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 Exhibit A or as otherwise rnutually & agreed by the Pa rties. �. 3. Time of Performance: Consultant shall commence performance of the Agreement upon � contracfi execution. 4. Compensation: A. Amount. Total compensatian to Consultant for Work provided pursuant to this Agreement shall not exceed $5,000, plus any applicable state and local sales taxes. 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. 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. � � B. Method of Pavment. On a monthly or no less than quarterly basis during any quarter � in which Work is performed,the Cansultant 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 perfarming such Work,,and any hourly labar charge rate for � such persannel. The Consultant shall also submit a final bill upon completion of all Work. Payment shal� be made by the City for Work performed within thirty {30) calendar days after receipt and approval by the appropriate City representative of the � � � � f � � � voucher or invoice. If the Consuitant's perFormance does not meet the requirements of this Agreemenfi, the Consultant wili correct ar modify its perfo�mance to comply with the Agreement.The City may withhold payment for work that does not meet the requirements of this Agreement. � C. Effect of Pavment. Payment for any part of the Work shall not constitute a waiver by � the City of any remedies it may have against the Consultant for failure of the Consultant to perform the Work or for any breach of this Agreement by the Consultant. . � D. Non-Appropriation of Funds. if suffieient funds are not appropriated or allacated for � payment under this Agreement for any future fiscal period, the City shall not be � obligated to make payments for Woric or amounts incurred after the end of the � current fiscal period, and this Agreement will terminate upon #he completion of all = remaining Work#or which funds 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 or suspension,all finished or unfinished documents,data,studies, � worksheets, models and reports, or other material prepared by the Consultant 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 entitled to payment for all hours worked to the effective date of termination,less all payments previously made. If the Agreement is terminated by the City after partial performance of Work for which the agreed compensation is a fixed fee, the City shail pay the Consultant an eguitable share of the fixed fee. This provision shall not prevent the �ity from seeking any legal remedies it may have for the violation or nonperformance of any af the provisions of this Agreement and such charges due to the City shall be � deducted from the fiinal payment due the Consultant. No payment shall be made by � the City for any expenses incurred or work done following the effective date of � termination unless authorized in advance in writing by the City. � 6. Warranties And Right Ta 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.Compliance with professianal standards includes,as appiicable,performing the Work in compliance with applicable City standards or guidelines {e.g. design criteria and Standard Plans for Road, Bride and Municipal Canstruction). Professional engineers shall certify engineering plans, specifications, plats, and reports, as applicable, pursuant to 6 Page 2 of 10 " ` � '�' � � � � � � � � �. � � o- RCW 18.43.070. Consuitant further represents and warrants that a(! final work product created for and delivered to the City pursuant to#his Agreement shall be the original 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, modification or use of the final work products 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. Recard Maintenance: The Consultant shatl maintain accounts and records, which � properly reflect all 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 after the termination of this Agreement. The Consultant agrees to provide access to and copies 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 Comaliance: To the full extent the City determines necessary to comply with the Washington State Public Recards Act,Consultant shall make a due diligent search of all records in its possession or control relating to this Agreement and the Work, including, but not limited#o, 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 records need to be protected from disclosure, it may, at Consultant's awn expense, seek judicial protection. Consultant sha11 indemnify, defend, and hold harmless the City for all costs, including attarneys'fees, attendant to any claim or litigation related to a Public Records Act request for which Consuttant has responsive recflrds and#or which Consultant has withheld records or information contained therein, � or not provided them to the City in a timely manner. Consultant shall produce for ` distribution any and all records responsive to the Public Records Act request in a timefy � manner, unless those records are protected by court order.The provisions of this section shall survive the expiration or termination of this Agreement. � 9. Independent Contractor Relationship: � A. The Consultant is retained by the City only for the purposes and to#he 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. Specifically, but not by means of limitation, the � Consultant shall have no obligation to work any particular hours or particular � schedule, unless otherwise indicated in the Scope of Work or where scheduling of � � � � Page 3 of 10 � � � � f P � � � attendance or performance is mutually arranged due ta the nature of the Work. Consultant shall retain the right to designate the means of performing the Work covered by this agreement, and the Consultant shall be entitied to employ other workers at such compensation and such other conditions as it may deem proper, � provided, however, that any cantract so made by the Consultant is to be paid by it � alone, and that employing such warkers, it is acting individually and not as an agent for the City. B. The City shall not be responsible for withholding or otherwise deducting federal � income tax or Social Security ar contributing to the State Industrial Insurance � Program,ar otherwise assuming fihe duties of an employer with respect to Consultant or any employee of the Consultant. C. If the Consultant is a sole proprietorship or if this Agreement is with an individual,the � Cos�sultant agrees to notify the City and complete any required form if the Consultant retired under a State af Washington retirement system and agrees to indemnify any lasses the City may sustain through the Consultant's failure to do so. � � 10. Hald Harmtess: The Consultant agrees to release, indemnify, defend, and hold harmless the City, elected officials, employees, officers, representatives, and volunteers from any and all claims, demands, actions, suits, causes of action, arbitratians, mediations, proceedings, judgments, awards, injuries, damages, liabilities, taxes, losses, fines, fees, penalties, expenses,attorney's ar attorneys'fees,costs,and/or litigation expenses to or by any and all persons or entities,arising from,resulting from,or related to the negligent acts, errors or omissions of the Consultant in its performance of this Agreement or a breach of this Agreement by Consultant, except far that portion of the claims caused by the City's sole negligence. � Should a court of compe#ent jurisdiction determine that this agreement is subject to RCW � 4.24.115, (Validity of agreernent to indernnify against liability for negligence relative to � construction,aiteration,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 � Consuitant and the City, iCs officers, officials, employees and volunteers, ConsultanYs liability shall be only to the extent af Consultant's negligence. � !t is further specifically and expressly understaod that the indemnification provided in � this Agreement constitute Cansultant'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 provisians of this sectivn shall survive the expiration or termination of this Agreement. � _. �` � �, � , ;�: Page 4 of 14 ' � k b 4 � � 11. Gifts and Confiicts: The City's Code of Ethics and Washington State law prahibit City employees from soliciting, accepting, or receiving any gift, gratuity or favor from any person, firm or corporation invdlved in a contract or transaction. To ensure compiiance � with the City's Code of Ethics and state law,the Consultant shail not give a gift of any kind � to City employees or officials. Consultant also confirms 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 invfllved in selecting the Consultant, negotiating or administering this Agreement,or evaluating#he ConsultanYs performance of the Work. 12. City of Renton Business License: The Consultant shall obtain a City of Renton Business � License prior 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:l/rentonwa.�ov/business/default aspx7id=548&mid-328. Information regarding State business licensing requirements can be found at: http:l/dor.wa.�ov/content/doin�businesslre�istermybusinessl 13. Insurance: Consultant shall secure and maintain: A. Commercial general liability insurance in the minimum amounts of $1,000,000 for each occurrence/$2,000,000 aggregate for the Term of this Agreement. B. In the event that Work delivered pursuant to this Agreement either directly or indirectly involve or require Professional Services, Professional Liability, Errors and Omissions coverage shall be provided with minimum limits of $1,000,000 per accurrence. "Professional Services", for the purpose of this section, shall mean any Work provided by a licensed professional or Work that requires a professional standard of care. C. Workers'compensatian coverage, as required by the Industrial Insurance laws of the State of Washingtfln,shall also be secured. D. Commercial Automobile Liability for owned,leased,hired or non-owned,leased,hired or non-owned, with minimum limits of$1,000,00Q per occurrence combined single limit, if there witl be any use of Consultant's vehicles on the City's Premises by ar an behalf of the City, beyond normal commutes. �, E. Consultant shall name the City as an Additionai Insured on its commercial general liability policy on a non-contributory primary basis.The City's insurance policies 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 �� . _ �r:I Page5of10 � '. . , � r � t � € !' i �' � � 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 ta the City's review and acceptance, a certificate of insurance showing the proper endorsements,shall be delivered to the City before performing the Wark. � G. Consultant shall provide the City with written notice of any policy cancellation,within � two{2)business days of their receipt of such notice. � � 14. Delavs: Consul#ant is not responsible far delays caused by factors beyond the � ConsultanYs reasonable control. When such delays beyond the Consultant's reasonable � contro!occur,#he City agrees the Consultant is not responsible for damages,nor shall the � Consultant be deemed to be in default of the Agreement. 15. Successors and Assi�ns: Neither the Cit nor the Consultant shall assi n � Y g , transfer or � encumber any rights, duties or interests accruing from this Agreement without the � written consent of the other. � � 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 Qvernight courier service.�'ime period for notices shall be deemed to have commenced upon the date of receipt, EXCEPT facsimile delivery will be deemed to have commenced on the first business day foNowing 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. CITY OF RENTON CONSULTANT Leslie A. Betlach Gregory L. Goodman 1055 South Grady Way 506 2nd Avenue,Suite 1001 Renton,WA 98057 Seattle, WA 98104 Phone: {425)430-6619 Phone: 206-973-0360 � Ibetlach@rentonwa.gov ggoodman@valbridge.com �� 6 17. Discrimination Prohibited: Except to the extent permitted by a bona fide occupational qualification,the Consultant agrees as follows: A. Consultant, and Consultant's agents, employees, representatives, and volunteers � wi#h regard to the Work performed or ta be performed under this Agreement, shall not discriminate on the basis of race, color, sex, religion, nationality, creed, marital status, sexual orientation or preference, age (except minimum age and retirement � Page 6 of 10 �- J� � �� 1i;% � 4g k � �, � i ; provisions), honorably discf�arged veteran or military status, or the presence of any sensory, mental or physical handicap, unless based upon a bona fide occupational 3 quali#ication in relationship to hiring and empioyment, in employment or application � for employment, the administration of the delivery of Wark or any other benefits j under this Agreement, or procurement of materials ar supplies. B. The Consultant will take affirmative action to insure that applicants are emplayed and that employees are treated during employrnent without regard to their race, creed, color, national origin, sex, age, sexual orientation, physical, sensory or mental handicaps, or marital status. Such action shall include, but not be limited to the following employment, 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 Consu(tant fails to camply with any of this Agreement's non-discrimination � provisions, the City shall have the right, at its option, to cancef the Agreement in � whole or in part. D. The Consultant is responsible to be aware of and in compliance with all federal,state and local laws and regulations that may affect the satisfactory cornpletion of the project, which includes but is not limited to fair labor laws, worker's compensation, and Title VI of the Federal Civil Rights Act of 1964,and will comply with City of Renton Council Resolution Number 4085. 18. Miscellaneous:The parties hereby acknowledge: A. The City is not responsible to train or provide training for Consultant. � B. Consultant will not be reimbursed for job related expenses except to the extent specifically agreed within the attached exhibits. C. Consultant shall furnish all tools and/or materials necessary to perform the Work � except to the extent specifically agreed within the attached exhibits. � D. In the event specia) training, licensing, or certification is required for Consultant to � 4 provide Work he/she will acquire or maintain such at his/her own expense and, if r Consultant employs,sub-contracts,or otherwise assigns the responsibility to perform the Work, said empfoyee/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 I�ng as there is no interruption or interference with the pravision of Work called for in this Agreement. � � _. - . w. .. - t , ; � � Page 7 of 10 , �. � €. ( � � � � � � F. Consultant is responsibie for his/her vwn insurance, including, but not limited to health insurance. � G. Consultant is responsible far his/her own Warker's Campensatian coverage as well as � that for any persons emplayed by the Consultant. � � t 19. Other Provisions: � A. Approval Authoritv. Each individual executing this Agreement on behalf of the City � and Consultant represents and warrants that such individuals are duiy autho�ized to � execute and deliver this Agreement on behaif of the City or Consultant. � B. General Administration and Mana�ement. The Cit�s project manager is Lesiie ` Betlach. In providing Work, Consultant shall coordinate with the City's contract � manager or his/her designee. � C. Amendment and Modification. This Agreement may be amended onl b an � Y Y instrument in writing, duly executed by both Parties. � D. Conflicts. In the event of any inconsistencies between Consultant proposals and this � Agreement, the terms of this Agreement shall prevail. Any exhibits/attachments to � 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 #he terms in the body of this Agreement or contains terms that are extraneous to the purpose for which it is referenced,the 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 of Washingtan and the City of Renton. Consultant and all of the ConsultanYs employees shall perform the Work in accordance with all applicable federal, state, county and city laws, codes and � ordinances. F. Joint Draftin�Effart.This Agreement shall be considered for a11 purposes as prepared by the joint effarts of the Parties and shall nat be construed against one party or the � � other as a result of the preparation, substitution, submission o� other event of negotiation, drafting or execution. � G. lurisdiction and Venue.Any lawsuit or legal action brought by any party to enforce or � interpret this Agreement or any of its terms or covenants shall be brought in the King County Superior Caurt for the State of Washingtan at the Maleng Regional Justice Center in Kent, King County, Washington,or its replacement or successor. Y . _._.._. ._ Page 8 of 10 - � , � ' ; ` �:% � � � � E 9 fi �3 9 9 �p I 4 H. Severabiiitv. A court of competent jurisdiction's determination that any provision or � part of this Agreement is iliegal or unenforceable shall not cancel or invalidate the � remainder of this Agreement, which shali remain in full farce and effect, � i. Sole and Entire A�reement. This Agreement contains the entire agreement of the � Parties and any representations or understandings, whether ora! or written, not � incorporated are excluded. � 1. Time is of the Essence. Time is of the essence of this Agreement and each and all of � its provisions in which performance is a factar. Adherence to completion dates set � � forth in the description of the Work is essential ta the Consultant's performance of � this Agreement. � � K. Third-Partv Beneficiaries. Nathing in this Agreement is intended to, nar shall be � canstrued 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�Effect. The Parties each bind themselves, their partners, successors, assigns, and legal representatives to the other party to 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 provision of this � Agreement shall not be deemed to be a waiver of any prior or subsequent breach � unless it is expressly waived in writing. 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 together constitute this one Agreement. � � IN WITIdE5S WHEREOF,the Parties have voluntarily entered into this Agreement as af the date � � last signed by the Parties below. CITY OF RENTON CONSULTANT � J J' � By: gy. �y,,��r� °�-.. Kelly Beym r Gregary G dman Community Services Administratar Managing pirectar Page 9 of SO . . . . �� t � � � � � � G N �� Date Date � es ason A.Set 'ty Clerk � Approved as to Legal Form � .A� '�"�t,�' Shane Moloney Renton City Attorney � �° Contract Template Updated 07/19/2p17 � � � � #� € � t � � � � � � i a t � 4 � � � . � � Y G � .. '` .... t � �. Page10of10 �� p g � � . � � G Exhibit A Corporate Office " �: Va I b r i d g e Smith Tower 2927 Calby Avenue 18728 Botheli Way NE 419 Berkeley Avenue � , 506 2nd Avenue Suite 100 Suite B Suite A +�%+V Suite 1001 Everett,WA 98201 Botheii,WA 98011 Fircrest,WA 98466 #�',',54�. PROPER7Y ADVISORS Seattle,WA 98104 425-258-2611 phone 425-450-4040 phone 253-274-0099 phone Puqet Sound 2Q6-209-3016 phone 425-252-1214 fax 425-949-7109 faac 425-949-7109 fax � 425-949-7109fax valbridge.com September 20, 2017 � � Ms. Leslie A. Betlach Park Planning and Natural Resources Director }. City of Renton � 1055 S. Grady Way Renton, Washington 98057 � RE: APPRAISAL OF THE RENTON HOUSING AUTHORITY NODE PROPERTY (SOUTH PORTION) LOCATED ON THE WEST SIDE OF HARRINGTON AVENUE NE, SOUTH OF NE 10T"STREET IN RENTON,WASHINGTON � Dear Ms. Betlach: b As requested, I have reviewed information relating to the property referenced above for the purpose � of estimating a fee and timing for completion of an Appraisal Report. The scope of work includes a � review of the prior Appraisal Report completed in October of 2015, our file number 15-0314, to determine if it is in compliance with the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). If determined to be necessary, a new Appraisa(Report in conformance with UASFLA will be (. provided. � For this assignment, work will be performed on an hourllbasis, with a maximum budget of $5,000. �. My current hourly rate is $300. � � � Thank you for your consideration. I look forward to the opportunity of working with you again. Please call if you have any questions. � Sincerely, � � � VALBRIDGE PROPERTY ADVISORS � PUGET SOUND � � � �� z Gregory L. Goodman, MAI � kr � � � �± � � � � � � . �; . � � � � s,� 44675gg.doc—Copyright �O 2017 p � � 5