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AG 14-179RETURN TO: Zip/ CITY OF FEDERAL WAY LAW DEPARTMENT ROUTING FORM 1. ORIGINATING DEPT/Div: PUBLIC WORKS/ Jp/*Qtf i661;e /11i/nbK.tst/flVf 2. ORIGINATING STAFF PERSON: 4!X .?LICEITE EXT: .'I 3. DATE REQ. BY: 4. TYPE OF DOCUMENT (CHECK ONE): ❑ CONTRACTOR SELECTION DOCUMENT (E.G., RFB, RFP, RFQ) El PUBLIC WORKS CONTRACT ❑ SMALL OR LIMITED PUBLIC WORKS CONTRACT l" / PROFESSIONAL SERVICE AGREEMENT ❑ MAINTENANCE AGREEMENT ❑ GOODS AND SERVICE AGREEMENT ❑ HUMAN SERVICES / CDBG ❑ REAL ESTATE DOCUMENT ❑ SECURITY DOCUMENT (E.G. BOND RELATED DOCUMENTS) • ORDINANCE ❑ RESOLUTION • CONTRACT AMENDMENT (AG #): ❑ INTERLOCAL • OTHER 5. PROJECT NAME: 444W A4� ADDRESS: �I, n _r[ �'ru_ FAX: lot. SIGNATURE � ri 11 /.r/ r / .I?' EXHIBITS AND ATTACHMENTS: M SCOPE, WORK OR SERVICES P/COMPENSATION ❑ INSURANCE REQUIREMENTS /CERTIFICATE ❑ ALL OTHER REFERENCED EXHIBITS ❑ PROOF OF AUTHORITY TO SIGN ❑ REQUIRED LICENSES ❑ PRIOR CONTRACT /AMENDMENTS CFW LICENSE # BL, EXP. 12/31/ UBI # WOIal44 10 , EXP. I /31 /IS- 8. TERM: COMMENCEMENT DATE: ft' SL"eb COMPLETION DATE: /i/4f/ T/. z2l- 9. TOTAL COMPENSATION: $ � S00, 010 (INCLUDE EXPENSES AND SALES TAX, IF ANY) (IF CALCULATED ON HOURLY LABOR CHAIIGE - ATTACH SCHEDULES OF EMPLOYEES TITLES AND HOLIDAY RATES) REIMBURSABLE EXPENSE: ❑YES NO IF YES, MAXIMUM DOLLAR AMOUNT: $ IS SALES TAX OWED: ❑ YES VINO IF YES, S PAID BY: ❑ CONTRACTOR ❑ CITY ❑ PURCHASING: PLEASE CHARGE TO: V- ?/00 -1% -!m- I/- y/0 10. DOCU�ENT / CONTRACT REVIEW C( PROJECT MANAGER ❑ DIVISION MANAGER DEPUTY DIRECTOR ig/DIRECTOR ❑ /RISK MANAGEMENT (IF APPLICABLE) C� LAW DEPT 11. COUNCIL APPROVAL (IF APPLICABLE) REVIEWED INITIAL nNTE COMMITTEE APPROVAL DATE: 12. CONTRACT SIGNATURE ROUTING ❑ SENT TO VENDOR/CONTRACTOR DATE SENT: `I ��� la ❑ ATTACH: SIGNATURE AUTHORITY, INSURANCE CERTIFICATE, LICENSES, EXHIBITS INITIAL / DATE APPROVED COUNCIL APPROVAL DATE: DATE REC'D: / INITIAL / DATE SIGNED 7f5 LAW DEPT C r7,1941 of ❑ CHIEF OF STAFF NN SIGNATORY (MAYOR OR IRECTOR) Z CITY CLERK A ASSIGNED AG # AG# SIGNED COPY RETURNED DATE SENT: 124Q ?sfl 14 (2C:. Ae RETURN ONE ORIGINAL COMMENTS: EXECUTE "f- "ORIGINALS ( f®A//oi�0 �/S 400r EE �✓ Ar/� fitiuOttNA'IV4i AAMAM SA-OA/6 fYC l✓:lr1/YLE7fW 7w IA&r1JCs Ag CV L.4r+�17 XZ Atduisnfa✓ /r✓ /�4,�r�y�1 i�/✓it7/ ;�liNl� Lowsa& 7a✓`&uAgr 44;yr m 11/9 `CITY OF Federal November 18, 2014 McKee and Schalka Jim Greenleaf 1200 6t` Ave, Suite 1805 Seattle, WA 98101 CITY HALL Way 33325 8th Avenue South Feder Federal Way, WA 98003 -6325 (253) 835 -7000 www. cityoffederalway.. com Re: Professional Services Agreement, Larson Property Appraisal Signature Letter Dear Mr. Greenleaf Enclosed for your review and approval are two original Professional Services Agreements for the Larson Property Appraisal between the City of Federal Way and Mckee and Schalka Real Estate Appraisal Services and Consultants, Inc. As you review the contract, please make note of the following items: • A current City of Federal Way Business license is required. More information is available on the City's website (www.citvoffederalway.com) under "How Do I..." then "Apply for..." then "Business License." • An authorized signature is required on the Professional Services Agreement (page 6) in the presence of a notary public. • A Certificate of Insurance is required naming the City of Federal Way as an additional insured. (Refer to page 3, Section 6) • Provide the City with current Proof of Authority allowing signatory to sign on behalf of Mckee and Schalka. Proof of Authority required is a certified copy of the Corporate Resolutions for Mckee and Schalka, resolving who is allowed to sign on behalf of the said corporation (in title only) and a complete list of the Corporate officers, name and title (updated annually with the Secretary of State). Please note that the City is unable to execute the contract until the proof of authority documentation and appropriate insurance certificate with the appropriate insurance minimum limits are received. Time is of the essence and the prompt return of this document will be greatly appreciated. Once the contracts have been fully executed by the City, the City will issue a formal Notice to Proceed as well as an original contract for your records. Should you have any questions or need additional information, please don't hesitate to contact me at (253) 835 -2753. Sincerely, ny Doucette, P.E. SWM Engineer TD:jo Enclosure cc: Project File /TD Day File CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederatway com PROFESSIONAL SERVICES AGREEMENT FOR LARSON PROPERTY APPRAISAL This Professional Services Agreement ( "Agreement ") is made between the City of Federal Way, a Washington municipal corporation ( "City "), and McKee and Schalka Real Estate Appraisal Services and Consultants, Inc., a Washington corporation ( "Contractor "). The City and Contractor (together "Parties ") are located and do business at the below addresses which shall be valid for any notice required under this Agreement: Mckee and Schalka Real Estate Appraisal Services and I CITY OF FEDERAL WAY: Consultants, Inc. James (Jim) Greenleaf, MAI, AI -GRS 12006 1h Ave, Suite 1805 Seattle, WA 98101 (206) 343 -8909 (telephone) (206) 386 -5777 (facsimile) com The Parties agree as follows: Tony Doucette, PE 33325 8"' Ave. S. Federal Way, WA 98003 -6325 (253) 835 -2753 (telephone) (253) 835 -2709 (facsimile) tony.doucette @cityoffederalway.com 1. TERM. The term of this Agreement shall commence upon the effective date of this Agreement, which shall be the date of mutual execution, and shall continue until the completion of the Work, but in any event no later than March 31, 2015 ( "Term "). This Agreement may be extended for additional periods of time upon the mutual written agreement of the City and the Contractor. 2. SERVICES. The Contractor shall perform the services more specifically described in Exhibit "A ", attached hereto and incorporated by this reference ( "Services "), in a manner consistent with the accepted professional practices for other similar services within the Puget Sound region in effect at the time those services are performed, performed to the City's satisfaction, within the time period prescribed by the City and pursuant to the direction of the Mayor or his or her designee. The Contractor warrants that it has the requisite training, skill, and experience necessary to provide the Services and is appropriately accredited and licensed by all applicable agencies and governmental entities, including but not limited to obtaining a City of Federal Way business registration. Services shall begin immediately upon the effective date of this Agreement. Services shall be subject, at all times, to inspection by and approval of the City, but the making (or failure or delay in making) such inspection or approval shall not relieve Contractor of responsibility for performance of the Services in accordance with this Agreement, notwithstanding the City's knowledge of defective or non - complying performance, its substantiality or the ease of its discovery. 3. 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 above. The City may terminate this Agreement immediately if the Contractor fails to maintain required insurance policies, breaches confidentiality, or materially violates Section 12; and such may result in ineligibility for further City agreements. 4. COMPENSATION. 4.1 Amount. In return for the Services, the City shall pay the Contractor an amount not to exceed a maximum amount and according to a rate or method as delineated in Exhibit "B ", attached hereto and incorporated by this reference. The Contractor agrees that any hourly or flat rate charged by it for its services contracted for herein shall remain locked at the negotiated rate(s) for the Term. Except as otherwise provided in Exhibit "B ", the Contractor shall be solely responsible for the payment of any taxes imposed by any lawful jurisdiction as a result of the performance and payment of this Agreement. PROFESSIONAL SERVICES AGREEMENT - 1 - 9/2012 QTY OF .ti Federal Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www crryoffederalway. com 4.2 Method of Payment. On a monthly basis, the Contractor shall submit a voucher or invoice in the form specified by the City, including a description of what Services have been performed, the name of the personnel performing such Services, and any hourly labor charge rate for such personnel. The Contractor shall also submit a final bill upon completion of all Services. Payment shall be made on a monthly basis by the City only after the Services have been performed and within thirty (30) days after receipt and approval by the appropriate City representative of the voucher or invoice. If the Services do not meet the requirements of this Agreement, the Contractor will correct or modify the work to comply with the Agreement. The City may withhold payment for such work until the work meets the requirements of the Agreement. 4.3 Non - Appropriation of Funds. If sufficient funds are not appropriated or allocated for payment under this Agreement for any future fiscal period, the City will not be obligated to make payments for Services or amounts incurred after the end of the current fiscal period, and this Agreement will terminate upon the completion of all remaining Services for which funds are allocated. No penalty or expense shall accrue to the City in the event this provision applies. 5. INDEMNIFICATION. 5.1 Contractor Indemnification. The Contractor agrees to release, indemnify, defend, and hold the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers harmless 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 fees, costs, and/or litigation expenses to or by any and all persons or entities, including, without limitation, their respective agents, licensees, or representatives; arising from, resulting from, or in connection with this Agreement or the acts, errors or omissions of the Contractor in performance of this Agreement, except for that portion of the claims caused by the City's sole negligence. 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 Contractor and the City, the Contractor's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Contractor's negligence. Contractor shall ensure that each sub - contractor shall agree to defend and indemnify the City, its elected officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers to the extent and on the same terms and conditions as the Contractor pursuant to this paragraph. The City's inspection or acceptance of any of Contractor's work when completed shall not be grounds to avoid any of these covenants of indemnification. 5.2 Industrial Insurance Act Waiver. It is specifically and expressly understood that the Contractor waives any immunity that may be granted to it under the Washington State industrial insurance act, Title 51 RCW, solely for the purposes of this indemnification. Contractor's indemnification shall not be limited in any way by any limitation on the amount of damages, compensation or benefits payable to or by any third party under workers' compensation acts, disability benefit acts or any other benefits acts or programs. The Parties acknowledge that they have mutually negotiated this waiver. 5.3 City Indemnification. The City agrees to release, indemnify, defend and hold the Contractor, its officers, directors, shareholders, partners, employees, agents, representatives, and sub - contractors harmless from any and all claims, demands, actions, suits, causes of action, arbitrations, mediations, proceedings, judgments, awards, injuries, damages, liabilities, losses, fines, fees, penalties expenses, attorney's fees, costs, and/or litigation expenses to or by any and all persons or entities, including without limitation, their respective agents, licensees, or representatives, arising from, resulting from or connected with this Agreement to the extent solely caused by the negligent acts, errors, or omissions of the City. 5.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement with respect to any event occurring prior to such expiration or termination. PROFESSIONAL SERVICES AGREEMENT - 2 - 9/2012 CITY OF CITY HALL 33325 'lw._.. Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 vl (253) 835 -7000 www atyoffederatway com 6. INSURANCE. The Contractor agrees to carry insurance for liability which may arise from or in connection with the performance of the services or work by the Contractor, their agents, representatives, employees or subcontractors for the duration of the Agreement and thereafter with respect to any event occurring prior to such expiration or termination as follows: 6.1. Minimum Limits. The Contractor agrees to carry as a minimum, the following insurance, in such forms and with such carriers who have a rating that is satisfactory to the City: a. Commercial general liability insurance covering liability arising from premises, operations, independent contractors, products - completed operations, stop gap liability, personal injury, bodily injury, death, property damage, products liability, advertising injury, and liability assumed under an insured contract with limits no less than $1,000,000 for each occurrence and $2,000,000 general aggregate. b. Workers' compensation and employer's liability insurance in amounts sufficient pursuant to the laws of the State of Washington; C. Automobile liability insurance covering all owned, non - owned, hired and leased vehicles with a minimum combined single limits in the minimum amounts required to drive under Washington State law per accident for bodily injury, including personal injury or death, and property damage. d. Professional liability insurance with limits no less than $1,000,000 per claim and $2,000,000 policy aggregate for damages sustained by reason of or in the course of operation under this Agreement, whether occurring by reason of acts, errors or omissions of the Contractor. 6.2. No Limit of Liability. Contractor's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the Contractor to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 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. 6.3. Additional Insured, Verification. The City shall be named as additional insured on all commercial general liability insurance policies. Concurrent with the execution of this Agreement, Contractor shall provide certificates of insurance for all commercial general liability policies attached hereto as Exhibit "C" and incorporated by this reference. At City's request, Contractor shall furnish the City with copies of all insurance policies and with evidence of payment of premiums or fees of such policies. If Contractor's insurance policies are "claims made," Contractor shall be required to maintain tail coverage for a minimum period of three (3) years from the date this Agreement is actually terminated or upon project completion and acceptance by the City. 6.4 Survival. The provisions of this Section shall survive the expiration or termination of this Agreement. 7. CONFIDENTIALITY. All information regarding the City obtained by Contractor in performance of this Agreement shall be considered confidential subject to applicable laws. Breach of confidentiality by the Contractor may be grounds for immediate termination. All records submitted by the City to the Contractor will be safeguarded by the Contractor. The Contractor will fully cooperate with the City in identifying, assembling, and providing records in case of any public records disclosure request. 8. WORK PRODUCT. All originals and copies of work product, including plans, sketches, layouts, designs, design specifications, records, files, computer disks, magnetic media or material which may be produced or modified by Contractor while performing the Work shall belong to the City upon delivery. The Contractor shall make such data, documents, and files available to the City and shall deliver all needed or contracted for work product upon the City's request. At the expiration or termination of this Agreement, all originals and copies of any such work product remaining in the possession of Contractor shall be delivered to the City. PROFESSIONAL SERVICES AGREEMENT - 3 - 9/2012 CITY Way CITY HALL 33325 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com 9. BOOKS AND RECORDS. The Contractor agrees to maintain books, records, and documents which sufficiently and properly reflect all direct and indirect costs related to the performance of the Work and maintain such accounting procedures and practices as may be deemed necessary by the City to assure proper accounting of all funds paid pursuant to this Agreement. These records shall be subject, at all reasonable times, to inspection, review or audit by the City, its authorized representative, the State Auditor, or other governmental officials authorized by law to monitor this Agreement. 10. INDEPENDENT CONTRACTOR. The Parties intend that the Contractor shall be an independent contractor and that the Contractor 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. The City shall be neither liable nor obligated to pay Contractor sick leave, vacation pay or any other benefit of employment, nor to pay any social security or other tax which may arise as an incident of employment. Contractor shall take all necessary precautions and shall be responsible for the safety of its employees, agents, and subcontractors in the performance of the contract work and shall utilize all protection necessary for that purpose. All work shall be done at Contractor's own risk, and Contractor 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. The Contractor shall pay all income and other taxes due except as specifically provided in Section 4. Industrial or any other insurance that is purchased for the benefit of the City, regardless of whether such may provide a secondary or incidental benefit to the Contractor, shall not be deemed to convert this Agreement to an employment contract. If the Contractor is a sole proprietorship or if this Agreement is with an individual, the Contractor agrees to notify the City and complete any required form if the Contractor retired under a State of Washington retirement system and agrees to indemnify any losses the City may sustain through the Contractor's failure to do so. 11. CONFLICT OF INTEREST. It is recognized that Contractor may or will be performing professional services during the Term for other parties; however, such performance of other services shall not conflict with or interfere with Contractor's ability to perform the Services. Contractor agrees to resolve any such conflicts of interest in favor of the City. Contractor confirms that Contractor 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 the Contractor's selection, negotiation, drafting, signing, administration, or evaluating the Contractor's performance. 12. EQUAL OPPORTUNITY EMPLOYER. In all services, programs, activities, hiring, and employment made possible by or resulting from this Agreement or any subcontract, there shall be no discrimination by Contractor or its subcontractors of any level, or any of those entities' employees, agents, subcontractors, or representatives against any person because of sex, age (except minimum age and retirement provisions), race, color, religion, creed, national origin, marital status, or the presence of any disability, including sensory, mental or physical handicaps, unless based upon a bona fide occupational qualification in relationship to hiring and employment. This requirement shall apply, but not be limited to the following: employment, advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. Contractor shall comply with and shall not violate any of the terms of Chapter 49.60 RCW, Title VI of the Civil Rights Act of 1964, the Americans With Disabilities Act, Section 504 of the Rehabilitation Act of 1973, 49 CFR Part 21, 21.5 and 26, or any other applicable federal, state, or local law or regulation regarding non - discrimination. 13. GENERAL PROVISIONS. 13.1 Interpretation and Modification. This Agreement, together with any attached Exhibits, contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement and no prior statements or agreements, whether oral or written, shall be effective for any purpose. Should any language in any Exhibits to this Agreement conflict with any language in this Agreement, the terms of this Agreement shall prevail. The respective captions of the Sections of this Agreement are inserted for convenience of reference only and shall not be deemed to modify or otherwise affect any of the provisions of this Agreement. Any provision of this Agreement that is declared invalid, inoperative, null and void, or illegal shall in no way affect or invalidate any other provision hereof and such other provisions shall remain in full force and effect. Any act done by either Party prior to the effective date of the Agreement that is consistent with the authority of the Agreement and compliant with the terms of the Agreement, is hereby ratified as having been performed under the Agreement. No provision of this Agreement, including this provision, may be amended, waived, or modified except by written agreement signed by duly authorized representatives of the Parties. PROFESSIONAL SERVICES AGREEMENT - 4 - 9/2012 CITY OF CITY HALL 33325 ,:�.., Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www ci"ffederalway. com 13.2 Assignment and Beneficiaries. Neither the Contractor nor the City shall have the right to transfer or assign, in whole or in part, any or all of its obligations and rights hereunder without the prior written consent of the other Party. 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. Subject to the foregoing, the rights and obligations of the Parties shall inure to the benefit of and be binding upon their respective successors in interest, heirs and assigns. This Agreement is made and entered into for the sole protection and benefit of the Parties hereto. No other person or entity shall have any right of action or interest in this Agreement based on any provision set forth herein. 13.3 Compliance with Laws. The Contractor shall comply with and perform the Services in accordance with all applicable federal, state, local, and city laws including, without limitation, all City codes, ordinances, resolutions, regulations, rules, standards and policies, as now existing or hereafter amended, adopted, or made effective. If a violation of the City's Ethics Resolution No. 91 -54, as amended, occurs as a result of the formation or performance of this Agreement, this Agreement may be rendered null and void, at the City's option. 13.4 Enforcement. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. Adherence to completion dates set forth in the description of the Services is essential to the Contractor's performance of this Agreement. Any notices required to be given by the Parties shall be delivered at the addresses set forth at the beginning of this Agreement. Any notices may be delivered personally to the addressee of the notice or may be deposited in the United States mail, postage prepaid, to the address set forth above. Any notice so posted in the United States mail shall be deemed received three (3) days after the date of mailing. Any remedies provided for under the terms of this Agreement are not intended to be exclusive, but shall be cumulative with all other remedies available to the City at law, in equity or by statute. 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. Failure or delay of the City to declare any breach or default immediately upon occurrence shall not waive such breach or default. Failure of the City to declare one breach or default does not act as a waiver of the City's right to declare another breach or default. This Agreement shall be made in, governed by, and interpreted in accordance with the laws of the State of Washington. If the Parties are unable to settle any dispute, difference or claim arising from this Agreement, the exclusive means of resolving that dispute, difference, or claim, shall be by filing suit under the venue, rules and jurisdiction of the King County Superior Court, King County, Washington, unless the parties agree in writing to an alternative process. If the King County Superior Court does not have jurisdiction over such a suit, then suit may be filed in any other appropriate court in King County, Washington. Each party consents to the personal jurisdiction of the state and federal courts in King County, Washington and waives any objection that such courts are an inconvenient forum. If either Party brings any claim or lawsuit arising from this Agreement, each Party shall pay all its legal costs and attorney's fees and expenses incurred in defending or bringing such claim or lawsuit, including all appeals, in addition to any other recovery or award provided by law; provided, however, however nothing in this paragraph shall be construed to limit the Parties' rights to indemnification under Section 5 of this Agreement. 13.5 Execution. Each individual executing this Agreement on behalf of the City and Contractor represents and warrants that such individual is duly authorized to execute and deliver this Agreement. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original and with the same effect as if all Parties hereto had signed the same document. All such counterparts shall be construed together and shall constitute one instrument, but in making proof hereof it shall only be necessary to produce one such counterpart. The signature and acknowledgment pages from such counterparts may be assembled together to form a single instrument comprised of all pages of this Agreement and a complete set of all signature and acknowledgment pages. The date upon which the last of all of the Parties have executed a counterpart of this Agreement shall be the "date of mutual execution" hereof. [Signature page follows] PROFESSIONAL SERVICES AGREEMENT - 5 - 9/2012 CITY OF CITY HALL 33325 Federal Way Feder 8th Avenue South Federal Way, WA 98003 -6325 (253) 835 -7000 www cityoffederalway com IN WITNESS, the Parties execute this Agreement below, effective the last date written below. FEDERAL WAY P.E., Public Works Director DATE: \2,'Z c� ATTEST: Nou�)ak-rw Vlerk, Stephanie Court e , CMC APPROVED AS TO FORM: �, � C,--tt City Attorney, Amy Jo Pearsall MCKEE AND SCHALKA REAL ESTATE APPRAISAL SERVICES AND CONSULTANTS, INC. By: --c4z a. tMIJ, Printed Name: Title: DATE: l ( - -*�-'-} — I STATE OF WASHINGTON ) ss. COUNTY OF On this ,d � ay personally appeared before me G 4C S 1�, to me known to be the -S of Mckee and Schalka Real Estate Appraisal Services and Consultants, Inc. that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he /she was authorized to execute said instrument and that the seal affixed, if any, is the corporate seal of said corporation. GIVEN my hand and official seal this day of ti, �--)k r -,20/1( Notary's signature Notary's printed name Notary Public in and for the S Ae of Washington. Notary Public My commission expires ')Ito State of Washington PAMELA R KING My Appointment Expires Aug 1 2016. PROFESSIONAL SERVICES AGREEMENT - 6 - 9/2012 CITY OF CITY HALL 33325 '�•.. ,, Fe d e ra I Way Feder 8th Avenue South • 18 Box 9718 Federal Way, WA 98063 -9718 (253) 835 -7000 www ciryoffederakay com EXHIBIT "A" SERVICES Task 1: Fair Market Appraisal Valuation - Larson Property (Parcel #322104 -9112) The Contractor shall perform a fair market appraisal valuation for a fee simple interest acquisition of parcel 322104 -9112 per USPAP standards and include consideration of all relevant data including wetland and stream delineations, domestic water supply, and sewer disposal. The City will provide a wetland survey and buffer information for consideration in the appraisal. The scope includes one onsite meeting with the property owner or representative and City staff to discuss the planned appraisal methodology and listen to and address and potential owner concerns regarding the appraisal process. Conclusions shall be reported in a summary appraisal report to be completed by January 15, 2015. The Contractor shall respond to review comments and resubmit the report as needed. PROFESSIONAL SERVICES AGREEMENT - 7 - 9/2012 CITY OF CITY HAIL �..,., 33325 8th Avenue South • Box 9718 Federal Way Federal Way, WA 98063 -9718 18 (253) 835 -7000 www ciryoffederalway com EXHIBIT "B" COMPENSATION 1. Total Compensation: In return for the Services, the City shall pay the Contractor an amount not to exceed three thousand five hundred and 00 /100 Dollars ($3,500.00). PROFESSIONAL SERVICES AGREEMENT - 8 - 9/2012 OP ID: SH CERTIFICATE OF LIABILITY INSURANCE 711/25114 E(MMIDD/YYYY) THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: ILthe certificate holder is an ADDITIONAL INSURED the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER 206 -464 -5720 NAMEACT Anderson & Black Insurance LLC PHONE FAX 1511 3rd Ave Ste 700 206-447 -1512 ac No E.11: No Seattle, WA 98101 E -MAIL ADDRESS: PRODUCER MCKEE -1 CUSTOMER ID #: INRI IRFRIA1 AFFORDING COVERAGE NAIC S INSURED Julie Schalka 1200 Sixth Avenue, Suite 1805 Seattle, WA 98101 INSURER B: INSURER C : INSURER D: INSURER E: Mutual o CVICIrIN NIIMRPR• THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. OF INSURANCE L POLICY NUMBER MM/DD1YYYY MMIDDIYYYY LIMITS ITY EACH OCCURRENCE $ 2,000,000 rA rGENERAL AL GENERAL LIABILITY X 02BP66728670 01/09/14 01/09/15 PREMISES Ea occu ante $ 2,000,000 MED EXP (Any one person) $ 10,00 S -MADE FKOCCUR PERSONAL &ADV INJURY $ 2,000,000 Owners 02BP66728670 01/09/14 01/ 09/15 X Employers Liab GENERALAGGREGATE $ 4,000,000 01/09/14 01/09/15 GEN'L AGGREGATE LIMIT APPLIES PER: PRODUCTS - COMP /OP AGG $ 2,000,00 Stop Gap $ 1,000,000 PRO POLICY LOC AUTOMOBILE LIABILITY COMBINED SINGLE LIMIT $ 1,000,000 (Ea accident) BODILY INJURY (Per person) $ ANY AUTO - ALL OWNED AUTOS BODILY INJURY (Per accident) $ SCHEDULED AUTOS PROPERTY DAMAGE $ A X HIRED AUTOS 02BP66728670 01/09/14 01/09/15 (Per accident) $ X NON -OWNED AUTOS (OWNED AUTOS -N /A) $ UMBRELLA LIAR HOCCUR EACH OCCURRENCE $ AGGREGATE $ EXCESS LIAB CLAIMS -MADE DEDUCTIBLE $ $ RETENTION $ WORKERS COMPENSATION OR UM T TH- T RY LIMIT R AND EMPLOYERS' LIABILITY Y I N ANV PROPRIETOR/PARTNER/EXECUTIVE E.L. EACH ACCIDENT $ E.L. DISEASE - EA EMPLOYE $ OFFICER/MEMBER EXCLUDED? ❑ (Mandatory In NH) NIA A E.L. DISEASE - POLICY LIMIT $ If yes, describe under DESCRIPTION OF OPERATIONS below A Property Coverage 026P66728670 01!09/14 01/09/15 Bus Prop 149,00 Special Form Ded. 2 DESCRIPTION OF OPERATIONS I LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Federal Way is an Additional Insured under the General Liability coverage per attached endorsement BP 8191 0606. City of Federal Way Attn: Tony Doucette 33325 8th Ave S Federal Way, WA 98003 -6325 IIVIY SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE 6�� (0 1988 -2UU9 ACUKU GUKVUKAI1UN. Ali rigors reserves. ACORD 25 (2009/09) The ACORD name and logo are registered marks of ACORD BP 81 91 06 06 THIS INDORSEMENT CHANGES THE POLICY, PLEASE READ IT CAREFULLY. ADDITIONAL INSURED - BY WRITTEN CONTRACT, WRITTEN AGREEMENT OR PERMIT This endorsement modifies insurance provided under the following: BUSINESSOWNERS COVERAGE FORM The following is added to Paragraph C. Who is An Insured In Section 11 — Liability; 4. Any person or organization for whom you are re- quired by written contract, written agreement or permit to provide insurance is an insured, subject to the following additional provisions: a. The contract, agreement or permit must be in effect during the policy period shown in the Declarations, and must have been exe- cuted prior to the "bodily injury", 'property damage ", "personal and advertising injury". b. The person or organization added as an in- sured by this endorsement is an. insured only to the extent you are held liable due to: (1) The .ownership, maintenance or use of that part of premises you own, rent, lease -or- occupy, subject to the folloving additional provisions: (a) This insurance does not apply to any "occurrence " which takes place after you cease to be a tenant in any premises leased to or rented to you; (b) This insurance does not apply to any structural alterations, new con- struction or demolition operations performed by or on behalf of the person or organization added as art insured; (2) Your ongoing operations for that in- sured, whether the work is performed by you or for you; (3) The maintenance, operation or use by you of equipment leased to you by such person or organization, subject to the following additional provisions: (a) This insurance does not apply to any "occurrence" which takes place after the equipment lease expires; (b) This insurance does not apply to "bodily injury' or 'property damage" arising out of the sole negligence of such person or or- ganization; (4) Permits issued by any state or political subdivision with respect to operations performed by you or on your behalf, subject to the following provision: This insurance does not apply to `bodily injury', `property damage ", "personal and advertising injury" arising out of op- erations performed for the state or municipality; c_ The insurance with respect to any architect, engineer, or surveyor added as an insured by this endorsement does not apply to `bodily iniurv". °oronerty damaoe". "personal and advertising Injury' arising out of the rendering of or the failure to render any professional services by or for you, in- cluding: ' (1) The preparing, approving, or failing to prepare or approve maps, drawings, opinions, reports, surveys, change or- ders, designs or specifications; and (2) Supervisory, inspection or engineering services. d. This insurance does not apply to "bodily injury" or "property damage- Included within the "products - completed operations hazard ". e. A person's or organization's status as an in- sured under this endorsement ends when your operations for that insured are com- pleted. 8P et 91 06 06 Page 1 of 2 EP f. No coverage will be provided if, in the ab- sence of this endorsement, no liability would be imposed by law on you_ Coverage shall be limited to the extent of your negligence or fault according to the applicable principles of comparative fault. g. The defense of any claim or `suit" must be tendered as soon as practicable-to all other Pne 2 of 2 insurers which potentially provide insurance for such claim or "suit ". h. The insurance provided will not exceed the lesser of: (1) The coverage and/or limits of this policy, or (2) The coverage and/or limits required by said contract, agreement or permit.