HomeMy WebLinkAboutMcKee & Schalka Real Estate Appraisal Services & Consultation, IncCITY OF
WASHINGTON
Agreement for Services
This Agreement is made effective as of A a2,' -L7-, , 2014, by and between MCKEE &
SCHALKA REAL ESTATE APPRAISAL SETVICFS & CONSULTANTS, INC ( "MCKEE & SCHALKA ")
and the CITY OF AUBURN ( "CITY ") The parties agree as follows
1. DESCRIPTION OF SERVICES. MCKEE & SCHALKA agrees to provide the consulting services set forth
in the Scope of Work attached hereto at Exhibit A, by this reference made a part hereof, for the purpose of
conducting real property appraisal services
2. PAYMENT. For services delivered under the Scope of Work, the CITY agrees to pay MCKEE & SCHALKA
a fee of $9,600 00 ($2,400.00 per parcel of land) Notwithstanding its rate and payment provisions contained in its
proposal for services, MCKEE & SCHALKA understands and agrees that payments must go through City
Council authorization at a regularly scheduled Council meeting and as such, payment shall only occur after this
authorization has been received Under no cneurmmstances shall the total fee paid by the CITY to MCKEE &
SCHALKA under either payment option herein, inclusive of any and all authorized reimbursable expenses,
exceed $9,600.00
3. EXPENSE REIMBURSEMENT. MCKEE & SCHALKA shall pay all 'but -of- pocket" expenses, and shall
not be entitled to reimbursement from the CITY except for specific services, items or activities listed in the Scope
of Services as reimbursable goods or services
4. TERM/TERMINATION.
A This Agreement is effective upon both parties' signatures, and expires at 11 59 p in on Tuesday, May
20, 2014 or upon completion of MCKEE & SCHALKA services, whichever is earlier, unless extended by mutual
agreement prior to the completion of all services
B. Either party may terminate the Agreement by notifying the other party in writing within seven (7)
days of the intent to terminate If this Agreement is terminated, CITY shall pay MCKEE & SCIIALKA for all
work performed as of the date of termination.
5. RELATIONSHIP OF PARTIES. MCKEE & SCHALKA is an independent contractor with respect to the
City of Auburn, and not an employee of the CITY The CITY will not provide fringe benefits, including health
insurance benefits, paid vacation, or any other employee benefit, for the benefit of MCKEE & SCHALKA
6. EMPLOYEES. The provisions of this Agreement shall also bind MCKEE & SCHALKA employees who
perform services for the CITY under this Agreement
7, INDEMNIFICATION / HOLD HARMLESS. MCKEE & SCHALKA 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 negligent acts, errors or omissions of MCKEE
& SCHALKA in performance of this Agreement, except for injuries and damages caused by the sole negligence
of the City The CITY shall defend, indemnify and hold MCKEE & SCHALKA, 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 negligent acts, errors or omissions of the CITY in performance of this Agreement,
except for injuries and damages caused by the sole negligence of MCKEE & SCHALKA 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 MCKEE & SCHALKA and the City, its officers, officials, employees, and volunteers,
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AUBURN * MORE THAN YOU IMAGINED
(collectively the "Parties ") the Parties' liability hereunder shall be only to the extent of each Party's negligence. It
is further specifically and expressly understood that the indemnification provided herein constitutes the Parties
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.
S. INSURANCE. MCKEE & SCHALKA 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 MCKEE & SCHALKA, its agents, representatives, or employees.
A. Minimum Scope of Insurance: MCKEE & SCHALKA shall obtain insurance of the types described
below-
1 Automobile Liability insurance covering 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 shall be written on ISO occurrence form CG 00 01
and shall cover liability arising from premises, operations, independent contractors and
personal injury and advertising injury The CITY shall be named as an additional insured
under MCKEE & SCHALKA's Commercial General Liability insurance policy with respect
to the work performed for the CITY under this Agreement.
3 Workers' Compensation coverage as required by the Industrial Insurance laws of the State of
Washington.
4 Professional Liability insurance appropriate to MCKEE & SCHALKA's profession.
B. Minimum Amounts of Insurance: MCKEE & SCHALKA shall maintain the following insurance
limits:
I Automobile Liability insurance with a minimum combined single limit for bodily injury and
property damage of $1,000,000 per accident.
2. Commercial General Liability insurance shall be written with limits no less than $1,000,000
each occurrence, $2,000,000 general aggregate.
Professional Liability insurance shall be written with limits no less than $1,000,000 per claim
and $1,000,000 policy aggregate limit.
C. Other Insurance Provisions: The insurance policies are to contain, or he endorsed to contain, the
following provisions for Automobile Liability and Commercial General Liability insurance:
1 MCKEE & SCHALKA'S insurance coverage shall be primary insurance as respect to the
CITY Any insurance, self - insurance, or insurance pool coverage maintained by the CITY
shall be excess of MCKEE & SCHALKA'S insurance and shall not contribute with it.
2. MCKEE & SCHALKA'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
D. Acceptability of Insurers: Insurance is to be placed with insurers with a current A.M. Best rating of
not less than A. VII.
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E. Verification of Coverage: MCKEE & SCHALKA shall furnish 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 MCKEE & SCHALKA before
commencement of the work.
9. ASSIGNMENT. MCKEE & SCHALKA's obligations under this Agreement may not be assigned or
transferred to any other person, firm, or corporation without the prior written consent of the CITY
10. NOTICES. All notices required or permitted under this Agreement shall be in writing and shall be deemed
delivered when delivered in person or deposited in the United States mail, postage prepaid, addressed as follows:
IF to MCKEE & SCHALKA.
Bates McKee, MAI, CRE
McKee & Schalka Real Estate Appraisal
Services & Consultants, Inc.
12066 h Avenue, # 1805
Seattle, WA 98101
IF to the CITY
Kevin H. Snvder, AICP
Community Development & Public Works
Director
City of Auburn
25 W Main Street
Auburn, WA 98001
Such address may be changed from time to time by either party by providing written notice to the other in the
manner set forth above.
11. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties and there are no
other promises or conditions in any other agreement whether oral or written. This Agreement supersedes any
prior written or oral agreements between the parties.
12. AMENDMENT. This Agreement may be modified or amended if the amendment is made in writing and is
signed by both parties.
13. SEVERABILITY. If any provision of this Agreement shall be held to be invalid or unenforceable for anv
reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of
this Agreement is invalid or unenforceable, but that by limiting such provision it would become valid and
enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
14, WAIVER OF CONTRACTUAL RIGHT. The failure of either party to enforce any provision of this
Agreement shall not be construed as a waiver or limitation of that party's right to subsequently enforce and
compel strict compliance with every provision of this Agreement.
15, APPLICA13LE LAW This Agreement shall be governed by the laws of the State of Washington. Venue for
any court action shall be in King County, Washington.
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The undersigned have read the above statements, understand them and agree to abide by their terms.
CITY OF AUBURN
Signed.
Signed:
Date: Date:
Address: 25 West Main Street Address.
Auburn, WA 98001
Phone: 253-93 1 -30412
MCKEE & SCHALKA REAL ESTATE
APPRAISAL SERVICES &
CONSULTANTS, INC.
Ll /17AL/
12066 1h Avenue, # 1805
Seattle, WA 98101
Phone: (206) 343 -8909
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EXHIBIT "A"
MCKEE & SCHALKA
Real Estate Appraisal Services & Consultants, Inc.
March 25, 2014
Kevin Snyder, AICP
Community Development & Public Works Director
City of Auburn
25 West Main Street
Auburn, WA
VIA EMAIL
Regarding. Proposal for Real Estate Appraisal Services - Potential Acquisition of 4 Parcels:
Kiag County APN 192105 -9006, -9299, -9154 & -9158
Dear Mr Snyder-
This letter is to document our proposal for the appraisal of the above - referenced property We will
prepare appraisal reports for each of the tour properties referenced above, in which we will provide the
market value for each of the subject properties as is. The client and intended user will be the City of
Auburn. The intended use of the appraisal report will be for estimating the market value for potential
voluntary acquisition.
Our work will be prepared in cordormance with the Uniform Standards of Professional Appraisal
Practice and the Standards and Ethics of the Appraisal Institute. The tee for this assignment will be
$9,600 ($2,400 per parcel), and will be due upon completion of the assignment. We will provide you with
electronic copies of the appraisal reports, and can provide hard copies if requested. Our delivery date
will be within 30 days from your notice to proceed.
Thank you for the opportunity, to work on this interesting project. If you have any questions about this
proposal please give me a call.
Sincerely,
ncI to _ /11�
Bates McKee, MAT, CRE
1200 6th Avenue, Suite 1805, Seattle, Washington 98101
Tel: 206.343.8909 1 � mvval cum I Fax 706 386 5777