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HomeMy WebLinkAboutPK07-039 - Original - The Eastman Company - Riverview Park Koch Property - Summary Format Appraisal T aRecords Mar - emOn-t KEN WASHINGTON Document CONTRACT COVER SHEET This is to be completed by the Contract Manager prior to submission to City Clerks Office. All portions are to be completed, if you have questions, please contact Mary Simmons, City Clerks Office. Vendor Name: ZEaSA k7zz1'7 Contract Number: fed 7-a 39 This is assigned by Mary Simmons Vendor Number: Project Name: /I //Ze110-1// Contract Effective Date: Contract Termination Date: �r— Contract Renewal Notice (Days): Number of days required notice for termination or renewal or amendment Contract Manager: Department: Abstract: ADCL7832 07/02 • KENT CONSULTANT SERVICES AGREEMENT between the City of Kent and The Eastman Company THIS AGREEMENT is made between the City of Kent, a Washington municipal corporation (hereinafter the "City"), and The Eastman Company organized under the laws of the State of Washington, located and doing business at 1155 N. 130"' Street, Suite 304, Seattle, Washington 98133 (hereinafter the "Consultant") I. DESCRIPTION OF WORK. Consultant shall perform the following services for the City in accordance with the following described plans and/or specifications: Consultant to provide a summary format appraisal of the Koch Property at 25430 681h Avenue South, Kent, Washington as described in the Consultant's proposal dated January 30, 2007 attached and incorporated as Exhibit A. Consultant further represents that the services furnished under this Agreement will be performed in accordance with generally accepted professional practices in effect at the time those services are performed. II. TIME OF COMPLETION. The parties agree that work will begin on the tasks described in Section I above immediately upon the effective date of this Agreement. Upon the effective date of this Agreement, Consultant shall complete the work described in Section I within 45 days. III. COMPENSATION. A. The City shall pay the Consultant, based on time and materials, an amount not to exceed Four Thousand, Two Hundred Dollars and NO/100ths ($4,200 00) for the services described in this Agreement This is the maximum amount to be paid under this Agreement for the work described in Section I above, and shall not be exceeded without the prior written authorization of the City in the form of a negotiated and executed supplemental agreement The Consultant agrees that the hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for a period of one (1) year from the effective date of this Agreement The Consultant's billing rates shall be as delineated in Exhibit A. B. The Consultant shall submit monthly payment invoices to the City for work performed, and a final bill upon completion of all services described in this Agreement. The City shall provide payment within forty-five (45) days of receipt of an invoice If the City objects to all or any portion of an invoice, it shall notify the Consultant and reserves the option to only pay that portion of the invoice not in dispute. In that event, the parties will immediately make every effort to settle the disputed portion. CONSULTANT SERVICES AGREEMENT- 1 (Under$10,000) IV. INDEPENDENT CONTRACTOR. The parties intend that an Independent Contractor- Employer Relationship will be created by this Agreement and that the Consultant has the ability to control and direct the performance and details of its work, the City being interested only in the results obtained under this Agreement. V. TERMINATION. Either party may terminate this Agreement, with or without cause, upon providing the other party thirty (30) days written notice at its address set forth on the signature block of this Agreement. After termination, the City may take possession of all records and data within the Consultant's possession pertaining to this project, which may be used by the City without restriction If the City's use of Consultant's records or data is not related to this project, it shall be without liability or legal exposure to the Consultant. VI. DISCRIMINATION. In the hiring of employees for the performance of work under this Agreement or any subcontract, the Consultant, its subcontractors, or any person acting on behalf of the Consultant or subcontractor shall not, by reason of race, religion, color, sex, age, sexual orientation, national origin, or the presence of any sensory, mental, or physical disability, discriminate against any person who is qualified and available to perform the work to which the employment relates. Consultant shall execute the attached City of Kent Equal. Employment Opportunity Policy Declaration, Comply with City Administrative Policy 12, and upon completion of the contract work, file the attached Compliance Statement. VII. INDEMNIFICATION. Consultant shall defend, indemnify and hold the City, its officers, officials, employees, agents and volunteers harmless from any and all claims, injuries, damages, losses or suits, including all legal costs and attorney fees, arising out of or in connection with the Consultant's performance of this Agreement, except for that portion of the injuries and damages caused by the City's negligence. The City's inspection or acceptance of any of Consultant's work when completed shall not be grounds to avoid any of these covenants of indemnification. 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, agents 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. THE PARTIES FURTHER ACKNOWLEDGE THAT THEY HAVE MUTUALLY NEGOTIATED THIS WAIVER The provisions of this section shall survive the expiration or termination of this Agreement. VIII. INSURANCE. The Consultant shall procure and maintain for the duration of the Agreement, insurance of the types and in the amounts described in Exhibit B attached and incorporated by this reference IX. EXCHANGE OF INFORMATION. The City will provide its best efforts to provide reasonable accuracy of any information supplied by it to Consultant for the purpose of completion of the work under this Agreement. CONSULTANT SERVICES AGREEMENT-2 (Under$10,000) X. OWNERSHIP AND USE OF RECORDS AND DOCUMENTS. Original documents, drawings, designs, reports, or any other records developed or created under this Agreement shall belong to and become the property of the City All records submitted by the City to the Consultant will be safeguarded by the Consultant. Consultant shall make such data, documents, and files available to the City upon the City's request The city's use or reuse of any of the documents, data and files created by Consultant for this project by anyone other than Consultant on any other project shall be without liability or legal exposure to Consultant. XI. CITY'S RIGHT OF INSPECTION. E ven though Consultant is an independent contractor with the authority to control and direct the performance and details of the work authorized under this Agreement, t he w ork in ust in eet t he approval o f t he C ity and s hall b e subject t o the C ity's general r ight o f inspection to secure satisfactory completion. XII. WORK PERFORMED AT CONSULTANT'S RISK Consultant shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the perfornance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Consultant's own risk, and Consultant shall be responsible for any loss of or damage to materials, tools, or other articles used or held for use in connection with the work. XIII. MISCELLANEOUS PROVISIONS. A Recyclable Materials. Pursuant to Chapter 3.80 of the Kent City Code, the City requires its contractors and consultants to use recycled and recyclable products whenever practicable A price preference may be available for any designated recycled product. B Non-Waiver of Breach. The failure of the City to insist upon strict performance of any of the covenants and agreements contained in this Agreement, or to exercise any option conferred by this Agreement in one or more instances shall not be construed to be a waiver or relinquishment of those covenants, agreements or options, and the same shall be and remain in full force and effect C Resolution of Disputes and Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington If the parties are unable to settle any dispute, difference or claim arising from the parties' performance of this Agreement, the exclusive means of resolving that dispute, difference or claim, shall only be by filing suit exclusively under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative dispute resolution process. In any claim or lawsuit for damages arising from the parties' performance of this Agreement, each party shall pay all its legal costs and attorney's fees incurred in defending or bringing such claim or lawsuit, in addition to any other recovery or award provided by law; provided, however, nothing in this paragraph shall be construed to limit the City's right to indemnification under Section V II of this Agreement. D Written Notice. All communications regarding this Agreement shall be sent to the parties at the addresses listed on the signature page of the Agreement, unless notified to the contrary. Any written notice hereunder shall become effective three (3)business days after the date of mailing by registered or certified mail, and shall be deemed sufficiently given if sent to the addressee at the address stated in this Agreement or such other address as may be hereafter specified in writing E. Assignment Any assignment of this Agreement by either party without the written consent of the non-assigning party shall be void If the non-assigning party gives its consent to any assignment, the terms of this Agreement shall continue in full force and effect and no further assignment shall be made without additional written consent. CONSULTANT SERVICES AGREEMENT-3 (Under S10,000) F. Modification No waiver, alteration, or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by a duly authorized representative of the City and Consultant G. Entire Agreement. The written provisions and terms of this Agreement, together with any Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the City, and such statements shall not be effective or be construed as entering into or forming a part of or altering in any manner this Agreement. All of the above documents are hereby made a part of this Agreement. However, should any language in any of the Exhibits to this Agreement conflict with any language contained in this Agreement, the terms of this Agreement shall prevail H. Compliance with Laws. The Consultant agrees to comply with all federal, state, and municipal laws, rules, and regulations that are now effective or in the future become applicable to Consultant's business, equipment, and personnel engaged in operations covered by this Agreement or accruing out of the performance of those operations IN WITNESS, the parties below execute this Agreement, which shall become effective on the last date entered below. CONSULTANT: CITY OF KENT: By `I By: (signature) (signatut e) Print Name. Donald Melton Print ame: Jeff Watling Its. Principal _ Its• Director (Title) (Title) DATE- 2�J07 DATE: 2-1C /07 NOTICES TO BE SENT TO: NOTICES TO BE SENT TO: CONSULTANT: CITY OF KENT: Donald Melton Perry Brooks The Eastman Company Kent Parks, Recreation & Community Services 11155 N. 1301h Street, Suite 304 220 Fourth Avenue South Seattle, WA 98133 Kent, WA 98032 (206) 363-6611 (telephone) (253) 856-5114 (telephone) (206) 363-5507 (facsimile) (253) 856-6050 (facsimile) Koch Property Appraisal CONSULTANT SERVICES AGREEMENT-4 (Under S10,000) DECLARATION CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY POLICY The City of Kent is committed to conform to Federal and State laws regarding equal opportunity. As such all contractors, subcontractors and suppliers who perform work with relation to this Agreement shall comply with the regulations of the City's equal employment opportunity policies. The following questions specifically identify the requirements the City deems necessary for any contractor, subcontractor or supplier on this specific Agreement to adhere to. An affirmative response is required on all of the following questions for this Agreement to be valid and binding If any contractor, subcontractor or supplier willfully misrepresents themselves with regard to the directives outlines, it will be considered a breach of contract and it will be at the City's sole determination regarding suspension or termination for all or part of the Agreement; The questions are as follows• 1. I have read the attached City of Kent administrative policy number 1.2. 2 During the time of this Agreement I will not discriminate in employment on the basis of sex, race, color, national origin, age, or the presence of all sensory, mental or physical disability. 3. During the time of this Agreement the prime contractor will provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 4. During the time of the Agreement I, the prime contractor, will actively consider hiring and promotion of women and minorities 5. Before acceptance of this Agreement, an adherence statement will be signed by me, the Prime Contractor, that the Prime Contractor complied with the requirements as set forth above. By signing below, I agree to fulfill the five requirements referenced above. Dated this day of fQ6EkL12007. By: For. � Ltl Cp Title: ��tcz- Date: &A EEO COMPLIANCE DOCUMENTS- 1 CITY OF KENT ADMINISTRATIVE POLICY NUMBER. 1.2 EFFECTIVE DATE- January 1, 1998 SUBJECT: MINORITY AND WOMEN SUPERSEDES- April 1, 1996 CONTRACTORS APPROVED BY Jim White, Mayor POLICY: Equal employment opportunity requirements for the City of Kent will conform to federal and state laws. All contractors, subcontractors, consultants and suppliers of the City must guarantee equal employment opportunity within their organization and, if holding Agreements with the City amounting to $10,000 or more within any given year, must take the following affirmative steps: 1. Provide a written statement to all new employees and subcontractors indicating commitment as an equal opportunity employer. 2. Actively consider for promotion and advancement available minorities and women. Any contractor, subcontractor, consultant or supplier who willfully disregards the City's nondiscrimination and equal opportunity requirements shall be considered in breach of contract and subject to suspension or termination for all or part of the Agreement Contract Compliance Officers will be appointed by the Directors of Planning, Parks, and Public Works Departments to assume the following duties for their respective departments. 1. Ensuring that contractors, subcontractors, consultants, and suppliers subject to these regulations are familiar with the regulations and the City's equal employment opportunity policy. 2. Monitoring to assure adherence to federal, state and local laws, policies and guidelines. EEO COMPLIANCE DOCUMENTS-2 CITY OF KENT EQUAL EMPLOYMENT OPPORTUNITY COMPLIANCE STATEMENT This form shall be filled out AFTER COMPLETION of this project by the Contractor awarded the Agreement I, the undersigned, a duly represented agent of The Eastman Company , hereby acknowledge and declare that the before-mentioned company was the prime contractor for the Agreement known as Koch Property Appraisal (25430 68 Avenue South, Kent, WA) that was entered into on the (date) , between the firm I represent and the City of Kent. I declare that I complied fully with all of the requirements and obligations as outlined in the City of Kent Administrative Policy 1.2 and the Declaration City of Kent Equal Employment Opportunity Policy that was part of the before-mentioned Agreement. Dated this day of 2007. By: For: Title- Date. EEO COMPLIANCE DOCUMENTS-3 Jmn-31 -07 02 : 19P P.02 EXHIBIT A The F a. C OQ a —�- Rick Mallen,MAI I{ea' Fstatu Appe.uaet .1n.t!}'st511'u 15uluniti U sl,lti K 115S N 13()th 4b cot 'Suite 304 i°au. Zunist'f S.aWe,'vt,A Oft 133 Mitch Vandtr Drock I'li�ne (9881 351-2921 1 Cat' Bulstad (t;ii(ti?Si-550' Ke�i�i C°ongicion 1'aw;(7tlst!3fr3-i5p� F-mail Juitta�ttnantu}i)cat'thltnk net .lamiary 30, 2007 Mr, Pcrry Brooks, Open Spacc Planner Parks Planning and DcvelopMent City or Kent Parks, Recreation & ('ommun►ty Set-vices 220 Fourth Avenue South Kent, Watihmgt,)n 9S()32-5395 Re: Appraisal Bid Frederick Koch Pro-301ty 25430 - M" Avenue South, Kent, WA. Dear Mr. Brooks- Thank you fur your inquiry regarding the above-referemed property. We are interested ?n providing a"sutninary format" appraisal. Out appraisal fee for the assignment w.11 not exceed Four Thousand Two Hundred Dollars ($4,200), it will likely take between 30 and 45 days to complete the assignment, assuming that all necessary information (trtapq, title reports etc,) is Provided on a timely basis. l f you have any questions ahout this bid, pleuse do not hesitate to call ire at 206 363 6611. sinecrely, Donald K, Nfelton The Fastimin Company b�—' EXHIBIT B INSURANCE REQUIREMENTS FOR CONSULTANT SERVICES AGREEMENTS Insurance The Contractor shall procure and maintain for the duration of the Agreement,insurance against claims for injuries to persons or damage to property whicb may arise from or in connection with the performance of the work hereunder by the Contractor, their agents,representatives, employees or subcontractors A. Minimum Scope of Insurance Contractor shall obtain insurance of the types described below. 1 Professional Liabihty insurance appropriate to the Consultant's profession. B. Minimum Amounts of Insurance Contractor shall maintain the following insurance limits. 1 Professional Liability insurance shall be wntten with limits no less than$1,000,000 per claim and S1,000,000 policy aggregate limit C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain,the following provisions for Automobile Liability and Commercial General Liability insurance 1. The Contractor's insurance coverage shall be primary insurance as respect the City Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Contractor's insurance and shall not contribute with it 2. The Contractor's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty(30) days prior written notice by certified mail,return receipt requested,has been given to the City 3. The City of Kent shall be named as an additional insured on all policies (except Professional Liability) as respects work performed by or on behalf of the contractor and a copy of the endorsement naming the City as additional insured shall be attached to the Certificate of Insurance The City reserves the right to receive a certified copy of all required insurance policies The Contractor's Commercial General Liability insurance shall also contain a clause stating that coverage shall apply separately to each insured against whom claim is made or suit is brought,except with respects to the limits of the insurer's liability 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 Contractor 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 F. Subcontractors Contractor shall include all subcontractors as insureds under its policies or shall furnish separate certificates and endorsements for each subcontractor All coverages for subcontractors shall be subject to all of the same insurance requirements as stated herein for the Contractor I UETE zlvfavuI ILSOrIVI rays •C RD CERTIFICATE OF LIABILITY INSURANCE TT DATEIM'"IDD G2MZLMZL-1 02%OS/07J07 PPODLCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE Lovs ted-tIorthing ton MC HOLDER THIS CERTIFICATE DOES NOT AMEND,EXTEND OR P.0 Box 625 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW Bothell 4A 98041 -- — ---- ---- ---�- -�� Phone 425-486-1291 Fax.425-486-6140 IINSURERS AFFORDING COVERAGE NAICe �__ Ns!IPl _ American States Insurance 1N�UFER F Cold Ltmta: ca:wlty Cospany qpZa LLC --- -- — ----- - - ----�--— - dba 11he Eastman Company 1155 N. 130th St Suite 304 Seattle 14A 98133 - -- — -- I - Ir. rF E COVERAGES k E-'I_✓'EL rAr 116.,N-EJ u bIE U-L.s,HAVE rLE'J,.yD N LL '1, C IN,UFE W4v, U.Br VL-' FIHL FI LI(,N -r_6'A rL)I-A!EU N,%1l l l'_I gF,114, ,V , AE:k TFrIEVT TERM9FCONDI-TN OF ANY DATPACT')FO'nERDr+p'VENT'P'THFESPECTTC VIHI'HTr,S''EFTIFCATEIA,eBE'-S_YicP !AY I'F�-A N 'I-,- PSUPA GE SIFOSCED EY THE r'nuCE DEXT`ISFD HE;FIN IS SUB`E'T I C ALL THE TFPbF� E'CLUSICNS AND IOIYDITI ,I�;JF SUCH FOLIUIE:nGr-'.E�ATE IIYITS EHI ,bN M'1 H4VE EFTA REDIXFP EN PAID LLl"- NSftPND'L�-_-_ T`,?E OF 11.4RAH.E__ _ DATbL'<:�EFFELTIV��P�Tl�r EXPIRATION c r POLICN NUMBER I LLMITS E IMMIOD(YYI DA-ElMMIDCrVYI GENERAL LIABILITY 11,000,000 � A g Ca'e,ER-Ud >ENERALIJAELIT% 02BO826534-8 09/14/06 J 09/14/01 ni' GE Eto.c. •<e d2,000,000 CLA IN.;NAPE 7'FCLIF' 4 I ImEC EXc 1r,c-e'J.Ys.ril $_10,000 1FX-FS- pp to ©S Llab I Frr 4 A' T. [.,I w I Y IT_1,0_00_,0_00 I I -,ENEP✓J IGGREGATE $2,000,000 -FNL A3:Ft:3A-EurAITA�r.E�"EF FRODI".:*S-_:'N'P+oP Aas Is 11000 ,000 _—__1 --_—_- 'AUTOMOBILE LI;,BL.IIY OOD I CEaMcbINErta+'T�.ELdbT �41,000, 0250826534-8 09/14/06 09/14/07 I r �E"PI'_V INJJPt f $+.H_LL1�0NLIT J' i �;Pc^+NG09 1 X HGFD41 T.,5 I ---�—_!- r-J I �eP I I Al"DS Ir__ `.�oe� ._-- FRO'LR ,,Per a0.:mql s I GARAGE LIABILITY iG,l,fii Le-EAACgD9vT $ f-� I _1•,^i, JTHEPT-[7S rUTt,-�t LY EXCESS.UMBRELLA LIADILrrf ;F 1.j,iS MADE rN-•.,RF;.. i S L t`r�RFrERS MPENSA77CN AND r.,6 MIT I A F FMPL0IERS'LIABILITY I I- ---- ------+------- A I 0280826534-8 I 09/14/06 i 09/24/07 E E r._IcE.T- 1,000,OOD F.I ,;CpF`^ >GtFT]NrFIc+B,i'\F J=r C_P'MEM2E=Er J_UDED" -------J-- 1 Q?AO'itR' T2ABItt1YOALY ELDSEAiE-EAEVPLC'F- $ 1,000,000 '.bc lip-i��r ALFwc't IINSPo, ELCSEA-E PO ' $1,000,000 OTHER B ( Professional RNP13324108804 j 09/15/0151 09/15/07 E 4 O Cov 1,000,000 ' Liability DESCh'Il"ITN OF OPERATIONS,LvC:TIONS I VEHICLES'EYCLUSICNS DOEG BBY ENUORSLMENT ISP I! �- ECL,L PROVISIONS Re: Koch Property Appraisal. Certificate holder is Additional insured as respects the operations of the Named Insured per 15P70E7 attached, CERTIFICATE HOLDER CANCELLATION KEt7TCTY SHCULD AHt OF THE ABOVE DESCRIBED POLICIES EL CHI(CELLED BEF7FE IHE E(PIRA'IJIi City of Kent PAT-THEREOF rHEIS6lANG IfiSURER rvILL JAEAN OR Tn rd GIL 45 CA,3', 117rN Parks & Planning Dept, N;TrE TO THE CERTIPGAIE HOLDER NAMED TO THE SEFT,BUT P,'LURETn r,n 9n S.{,LL Att.-J. Joan Broom 220 4th Ave. South IMPU,:E NOOBLIGATION OR LIAB'LI-Y OF A14Y HAND UPONTHE INSURER ITS AGENTS CR Kent HA 98032 REPFESENTATI ES AU(h RITEr REPRESENIATIATIUE ACORD 2512001,08) 's ACORD CORPORATION 1988 �.m �W/ vwf 'A IQ rM raga JVIJ •` BUSINESSOWNERS insurance BP 70 57 07 02 THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. ADDITIONAL INSURED — DESIGNATED PERSON OR ORGANIZATION Th,s endorsement modrftes insurance provided under the toilowmg BUSINESSOVVNERS COVERAGE FORM —Section fl — LiabiLty SCHEDULE* Name of Person or Organization CITY OF KENT WHO IS AN INSURED (Section C) is amended to nclude as an insured the person or organization shown n the Schecule as an insured but only with respect to habdity arising out of your operations or premises owned by or rented to you * Information requirad to cornets the Schedule, it not shown on this endorsernent w-lt ce sho,vr, in the Declarat,ors 4mev oars to Siam Icro ae r,an�K, o SYxc Curou�,., lip 7C 57 ri? 01 EP