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Professional Services Agreement with Martin and Park for Appraisal ServicesAGREEMENT FOR PROFESSIONAL SERVICES THIS AGREEMENT FOR PROFESSIONAL SERVICES is made this 15th day of June, 2012, and entered into by and between the City of Meridian, a municipal corporation organized under the laws of the State of Idaho, hereinafter referred to as "CITY", 33 East Broadway Avenue, Meridian, Idaho 83642, and Martin & Park, Inc, hereinafter referred to as "CONSULTANT", whose business address is P.O. Box 198, Boise, ID 83701. INTRODUCTION WHEREAS, the City has a need for real estate appraisal services; and, WHEREAS, the Consultant is specially trained, experienced and competent to perform and has agreed to provide such services. NOW, THEREFORE, in consideration of the mutual promises, covenants, terms and conditions hereinafter contained, the parties agree as follows: TERMS AND CONDITIONS 1. Scope of Services: 1.1 CONSULTANT shall perform and furnish to the City upon execution of this Agreement, all services, and comply in all respects, as specified in the document titled "Scope of Services" a copy of which is attached hereto as Attachment "A" and incorporated herein by this reference, together with any amendments that may be agreed to in writing by the parties. 1.2 All documents, drawings and written work product prepared or produced by the Consultant under this Agreement, including without limitation electronic data files, are the property of the Consultant; provided, however, the City shall have the right to reproduce, publish and use all such work, or any part thereof, in any manner and for any purposes whatsoever and to authorize others to do so. If any such work is copyrightable, ri htable, the Consultant may copyright the same, except that, as to any work which is copyrighted by the Consultant, the City reserves a royalty -free, non-exclusive, and irrevocable license to reproduce, publish and use such work, or any part thereof, and to authorize others to do so. Appraisal Services page 1 of 10 1.3 The Consultant shall provide services and work under this Agreement consistent with the requirements and standards established by applicable federal, state and city laws, ordinances, regulations and resolutions. The Consultant represents and warrants that it will perform it's work in accordance with generally accepted industry standards and practices for the profession or professions that are used in performance of this Agreement and that are in effect at the time of performance of this Agreement. Except for that representation and any representations made or contained in any proposal submitted by the Consultant and any reports or opinions prepared or issued as part of the work performed by the Consultant under this Agreement, Consultant makes no other warranties, either express or implied, as part of this Agreement. 1.4 Services and work provide by the consultant at the City's request under this Agreement will be performed in a timely manner in accordance with a Schedule of Work, which the parties hereto shall agree to. The Schedule of Work may be revised from time to time upon mutual written consent of the parties. 2. Consideration 2.1 The Consultant shall be compensated on a Lump Sum basis as provided in Attachment B "Payment Schedule" attached hereto and by reference made a part hereof. 2.2 The City will pay within 30 days of receipt of a correct invoice and approval by the City. The City will not withhold any Federal or State income taxes or Social Security Tax from any payment made by City to Consultant under the terms and conditions of this Agreement. Payment of all taxes and other assessments on such sums is the sole responsibility of Consultant. 2.3 Except as expressly provided in this Agreement, Consultant shall not be entitled to receive from the City any additional consideration, compensation, salary, wages, or other type of remuneration for services rendered under this Agreement., including , but not limited to, meals, lodging, transportation, drawings, renderings or mockups. Specifically, Consultant shall not be entitled by virtue of this Agreement to consideration in the form of overtime, health insurance benefits, retirement benefits, paid holidays or other paid leaves of absence of any type or kind whatsoever. Appraisal Services page 2 of 10 3. Time of Performance: This agreement shall become effective upon execution by both parties, and shall expire upon completion of the agreed upon services, September 30, 2012 or unless sooner terminated as provided below or unless some other method or time of termination is listed in Attachment A. This Agreement shall terminate automatically on the occurrence of (a) bankruptcy or insolvency of either party, or (b) sale of Consultants business. 4. Independent Contractor: 4.1 In all matters pertaining to this agreement, CONSULTANT shall be acting as an independent contractor, and neither CONSULTANT nor any officer, employee or agent of CONSULTANT will be deemed an employee of CITY. Except as expressly provided in Attachment A, Consultant has no authority or responsibility to exercise any rights or power vested in the City. The selection and designation of the personnel of the CITY in the performance of this agreement shall be made by the CITY. 4.2 Consultant shall determine the method, details and means of performing the work and services to be provided by Consultant under this Agreement. Consultant shall be responsible to City only for the requirements and results specified in this Agreement and, except as expressly provided in this Agreement, shall not be subjected to City's control with respect to the physical action or activities of Consultant in fulfillment of this Agreement. 5. Indemnification and Insurance: CONSULTANT shall indemnify and save and hold harmless CITY from and for any and all losses, claims, actions, judgments for damages, or injury to persons or property and losses and expenses and other costs including litigation costs and attorney's fees, arising out of, resulting from, or in connection with the performance of this Agreement by the CONSULTANT, its servants, agents, officers, employees, guests, and business invitees, and not caused by or arising out of the tortuous conduct of CITY or its employees. CONSULTANT shall maintain, and specifically agrees that it will maintain, throughout the term of this Agreement, liability insurance, in which the CITY shall be named an additional insured in the minimum amounts as follows: Professional Liability / Professional errors and omissions One Million Dollars ($1,000,000) aggregate. The limits of Appraisal Services page 3 of 10 insurance shall not be deemed a limitation of the covenants to indemnify and save and hold harmless CITY; and if CITY becomes liable for an amount in excess of the insurance limits, herein provided, CONSULTANT covenants and agrees to indemnify and save and hold harmless CITY from and for all such losses, claims, actions, or judgments for damages or injury to persons or property and other costs, including litigation costs and attorneys' fees, arising out of, resulting from , or in connection with the performance of this Agreement by the Consultant or Consultant's officers, employs, agents, representatives or subcontractors and resulting in or attributable to personal injury, death, or damage or destruction to tangible or intangible property, including use of. CONSULTANT shall provide CITY with a Certificate of Insurance, or other proof of insurance evidencing CONSULTANT'S compliance with the requirements of this paragraph and file such proof of insurance with the CITY at least ten (10) days prior to the date Consultant begins performance of it's obligations under this Agreement. In the event the insurance minimums are changed, CONSULTANT shall immediately submit proof of compliance with the changed limits. Evidence of all insurance shall be submitted to the City Purchasing Agent with a copy to Meridian City Accounting, 33 East Broadway Avenue, Meridian, Idaho 83642. 6. Notices: Any and all notices required to be given by either of the parties hereto, unless otherwise stated in this agreement, shall be in writing and be deemed communicated when mailed in the United States mail, certified, return receipt requested, addressed as follows: City of Meridian Purchasing Agent 33 E. Broadway Avenue Meridian, Idaho 83642 Martin & Park, Inc Ross Park P.O. Box 198 Boise, ID 83701 Ph. (208) 258-2200 Either party may change their address for the purpose of this paragraph by giving written notice of such change to the other in the manner herein provided. 7. Attorney Fees: Should any litigation be commenced between the parties hereto concerning this Agreement, the prevailing party shall be entitled, in Appraisal Services page 4 of 10 addition to any other relief as may be granted, to court costs and reasonable attorneys' fees as determined by a Court of competent jurisdiction. This provision shall be deemed to be a separate contract between the parties and shall survive any default, termination or forfeiture of this Agreement. 8. Time is of the Essence: The parties hereto acknowledge and agree that time is strictly of the essence with respect to each and every term, condition and provision hereof, and that the failure to timely perform any of the obligations hereunder shall constitute a breach of, and a default under, this Agreement by the party so failing to perform. 9. Assignment: It is expressly agreed and understood by the parties hereto, that CONSULTANT shall not have the right to assign, transfer, hypothecate or sell any of its rights under this Agreement except upon the prior express written consent of CITY. 10. Discrimination Prohibited: In performing the Services required herein, CONSULTANT shall not unlawfully discriminate in violation of any federal, state or local law, rule or regulation against any person on the basis of race, color, religion, sex, national origin or ancestry, age or disability. 11. Reports and Information: 11.1 At such times and in such forms as the CITY may require, there shall be furnished to the CITY such statements, records, reports, data and information as the CITY may request pertaining to matters covered by this Agreement. 11.2 Consultant shall maintain all writings, documents and records prepared or compiled in connection with the performance of this Agreement for a minimum of four (4) years from the termination or completion of this or Agreement. This includes any handwriting, typewriting, printing, photo static, photographic and every other means of recording upon any tangible thing, any form of communication or representation including letters, words, pictures, sounds or symbols or any combination thereof. 12. Audits and Inspections: At any time during normal business hours and as often as the CITY may deem necessary, there shall be made available to the CITY for examination all of CONSULTANT'S records with respect to all matters covered by this Agreement. CONSULTANT shall permit the CITY to audit, examine, and make excerpts or transcripts from such records, and to make audits of all contracts, invoices, materials, payrolls, Appraisal Services page 5 of 10 records of personnel, conditions of employment and other data relating to all matters covered by this Agreement. 13. Publication, Reproduction and Use of Material: No material produced in whole or in part under this Agreement shall be subject to copyright in the United States or in any other country. The CITY shall have unrestricted authority to publish, disclose and otherwise use, in whole or in part, any reports, data or other materials prepared under this Agreement. 14. Compliance with Laws: In performing the scope of services required hereunder, CONSULTANT shall comply with all applicable laws, ordinances, and codes of Federal, State, and local governments. 15. Changes: The CITY may, from time to time, request changes in the Scope of Services to be performed hereunder. Such changes, including any increase or decrease in the amount of CONSULTANT'S compensation, which are mutually agreed upon by and between the CITY and CONSULTANT, shall be incorporated in written amendments to this Agreement. 16. Termination: If, through any cause, CONSULTANT, its officers, employees, or agents fails to fulfill in a timely and proper manner its obligations under this Agreement, violates any of the covenants, agreements, or stipulations of this Agreement, falsifies any record or document required to be prepared under this agreement, engages in fraud, dishonesty, or any other act of misconduct in the performance of this contract, or if the City Council determines that termination of this Agreement is in the best interest of CITY, the CITY shall thereupon have the right to terminate this Agreement by giving written notice to CONSULTANT of such termination and specifying the effective date thereof at least fifteen (15) days before the effective date of such termination. CONSULTANT may terminate this agreement at any time by giving at least sixty (60) days notice to CITY. In the event of any termination of this Agreement, all finished or unfinished documents, data, and reports prepared by CONSULTANT under this Agreement shall, at the option of the CITY, become its property, and CONSULTANT shall be entitled to receive just and equitable compensation for any work satisfactorily complete hereunder. Notwithstanding the above, CONSULTANT shall not be relieved of liability to the CITY for damages sustained by the CITY by virtue of any breach of this Agreement by CONSULTANT, and the CITY may withhold any payments to CONSULTANT for the purposes of set-off until such time as the exact amount of damages due the CITY from CONSULTANT is Appraisal Services page 6 of 10 determined. This provision shall survive the termination of this agreement and shall not relieve CONSULTANT of its liability to the CITY for damages. 17. Construction and Severability: If any part of this Agreement is held to be invalid or unenforceable, such holding will not affect the validity or enforceability of any other part of this Agreement so long as the remainder of the Agreement is reasonably capable of completion. 18. Advice of Attorney: Each party warrants and represents that in executing g this Agreement. It has received independent legal advice from it's attorney's or the opportunity to seek such advice. 19. Entire Agreement: This Agreement contains the entire agreement of the parties and supersedes any and all other agreements or understandings, oral of written, whether previous to the execution hereof or contemporaneous herewith. 20. Applicable Law: This Agreement shall be governed by and construed and enforced in accordance with the laws of the State of Idaho, and the ordinances of the City of Meridian. 21. Approval Required: This Agreement shall not become effective or binding until approved by the City of Meridian. END OF TEXT. SIGNATURES TO FOLLOW ON NEXT PAGE. Appraisal Services page 7 of 10 CITY OF MERIDIAN MARTIN & PARK, INC BY: BY: TAMMY6e VE RD, MAYOR er Martin, President Attest: CEECyOLMAN, CITY CLERK 0`�?,0N,t D A LIG 0 C J city of A 0q '.�AIMW I E IDAN*116--w 10 NO 0 'Ile SEI It- :4j Of the TREhsV Approved as to Content BY: KEITH WATTS, PURCHASING AGENT �-7 Dated: 5 Z Approved as to Form CITY ATTORNEY DATE Appraisal Services page 8 of 10 Department pproval BY: �i/�- NAME: "S11*4Z Ai TITLE: Pu��r � �e� v�«� Dated: 71'4 liZ- Attachment A SCOPE OF SERVICES See Attached Reponse To RFQ Additional Information We will perform our services in accordance with sound appraisal practice, USPAP, and the Code of Professional Ethics of the Appraisal Institute. Those standards require us to perform the appraisal with impartiality, objectivity, and independent judgment. The appraisal reports will be prepared for the intended use by the City of Meridian. As a public entity the City of Meridian will make the appraisal reports available as public record. We are not responsible for use of the appraisal reports by anyone other than the Client and for any use but the intended use listed in the RFQ. Martin & Park, Inc. does not assure or guarantee any preconceived value to the Client or to any other user of the appraisal. Client agrees to pay Martin & Park, Inc. as compensation for the provided professional appraisal services as specified in Attachment B. Client understands and agrees the obligation to pay the fee is not conditioned on the opinions provided in the appraisal reports. All statements of fact in the appraisal which are used as the basis of the appraisers' analyses, opinions, and conclusions will be true and correct to the best of the appraisers' knowledge and belief. Martin & Park, Inc. shall have no responsibility for legal matters; questions of survey; opinion of title; soil or subsoil conditions; engineering; technical matters; or hazardous waste substances. Martin & Park, Inc. does not have expertise to advise in any of the foregoing matters. Martin & Park, Inc. will disclose the existence of any such issues should they become known to us prior to or during the course of our analysis of the subject property. In the event any provision of this agreement shall be determined to be void or unenforceable by any court, then such determination shall not affect any other provision of this agreement and all other provisions shall remain in full force and effect. Martin & Park, Inc. shall not provide a copy of the appraisal reports, or disclose the results of the appraisals prepared in accordance with this agreement, to any party other than Client, unless Client authorizes, except as stipulated in the Confidentiality Section of the Ethics Rule of USPAP. Appraisal Services page 9 of 10 Attachment B PAYMENT SCHEDULE Total compensation for this agreement will be $8,000. The appraiser's obligations pursuant to this agreement are complete when the appraisal reports are delivered to client. If the client elects not to have appraisals completed following the delivery of the preliminary value estimates the full fee will be due at that time. M&P agrees to be responsive to client's legitimate inquiries regarding the contents of the reports after delivery. The client may cancel our services prior to issuance of the preliminary value estimates by written notice to MARTIN & PARK, INC. In such event, the client will be billed for all time and expenses incurred up to cancellation at our hourly rate of $125.00, not to exceed the agreed upon fee for the complete appraisals. If the client or anyone requires MARTIN & PARK, INC. (or its employees or agents) to prepare for, testify, or be in attendance at any court or administrative law proceeding relating to this appraisal, or attend conferences relating thereto, the client agrees to pay MARTIN AND PARK, INC. for any such efforts in full in advance at our then current standard hourly rate for such services. Our current hourly rate is $250.00 per hour. Appraisal Services page 10 of 10 E IDIAN;-- PURCHASING DEPARTMENT 33 East Broadway Avenue, Meridian, ID 83642 Phone: (208) 888-4433 Fax: (208) 887-4813 REQUEST FOR QUALIFICATIONS PROJECT NO. PKS-12-10361 FOR: COMMERCIAL REAL ESTATE APPRAISAL SERVICES-- APPRAISAL REPORTS PREPARED IN ACCORDANCE WITH UNIFORM FEDERAL APPRAISAL STANDARDS ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR STOREY PARK, MERIDIAN IDAHO QUALIFICATIONS MUST BE RECEIVED PRIOR TO 4:00 P.M. JUNE 11.2012 DELIVER TO: CITY OF MERIDIAN, PURCHASING DIVISION OF THE FINANCE DEPARTMENT 33 EAST BROADWAY AVENUE MERIDIAN, ID 83642 Prepared by: TED BAIRD, Deputy City Attorney NAME AND ADDRESS OF VENDOR SUBMITTING QUALIFICATIONS � NAME: Ross Park, MAI ADDRESS: PO Box 198 Boise, ID 83701 6, � PART I NOTICE CALLING FOR QUALIFICATIONS PURPOSE The City of Meridian is soliciting Qualifications from individuals or firms capable of providing professional commercial real estate appraisal services to assist the City in determining the value of four parcels of land being considered for a land exchange. The appraisal reports must be prepared utilizing the Uniform Appraisal Standards for Federal Land Acquisitions (UASFLA). REASON FOR THE LAND TRADE 1 STATEMENT OF PURPOSE Meridian's oldest City park, Storey Park, was acquired utilizing federal Land and Water Conservation funds (LWCF). One LWCF requirement is that the parkland be used exclusively for "outdoor recreational purposes." Any use of LWCF lands that is not an outdoor recreational purpose requires that the land be replaced. The newly acquired property becomes a replacement site for the outdoor recreational uses displaced by the change in use of the original property {termed an "LWCF Conversion"}. Recently, an undeveloped portion of Storey Park Was put into use as a site for a municipal potable water well, therefore taking that portion of the park out of "outdoor recreational use." Because of this change in use, the City of Meridian must acquire new land for recreational purposes on a dollar -for -dollar basis in order to comply with LWCF conversion requirements. The Well lot is identified as Parcel #1 on the map on page 4 of this document. This situation has resulted in an opportunity for the City to perform some master planning for the balance of the undeveloped portion of Storey Park to maximize its usefulness and improve traffic circulation for park users. This undeveloped portion of Storey Park is situated to the East of the Meridian Speedway. A portion of the parkland is used routinely by the Meridian Speedway for parking and as an extension of the pit area. The City and the operator of the Speedway have been in discussions about trading this portion of Storey Park to the Speedway, necessitating that the traded portion be replaced with like -value land to be used by the City for recreational purposes. The potential trade parcel to go to the Speedway is identified as Parcel #2 on the map on page 4 of this document. The operator of the Speedway owns two parcels of bare land that the City could acquire by trade and add to Storey Park to meet the LWCF conversion requirements. One parcel is located on Franklin Road, adjoining the park to the North. The second parcel is located on Watertower Drive, adjoining the park to the South. These parcels are identified as Parcels #3 and #4, respectively, on the reap on page 4 of this document. 2 of 15 To comply with the LWCF conversion requirements, the well lot must be traded for property of equal value, and the Speedway pit extension parcel must also be traded for property of equal value. With the potential trade parcels having been identified, the next step in the LWCF conversion process is to have each parcel appraised to determine market value according to the UASFLA . The well lot site and the Speedway pit extension parcel have been tentatively identified, but legal descriptions have not been prepared at this time. It is anticipated that the size of the Speedway pit extension parcel would be expanded or contracted in order to meet the requirements of a like -value exchange, so the appraisal should include a per -square foot value to assist in determining value for the exchange. CHALLENGES AND QUESTIONS PRESENTED Respondents should consider the following challenges presented and respond to the questions in their written response to this RFQ in order to demonstrate the respondent's professional competency and familiarity with the UASFLA 1. The UASFLA require each appraised parcel to be identified according to particular requirements. The City will be looking to the person or firm selected to perform these appraisals for assistance in determining whether the parcels to be taken out of Storey park need to have their own legal descriptions created prior to the appraisal, or whether the UASFLA can be met by identifying a per -square foot value and creating a legal description after the appraisal report has been produced. In other words, based on the UASFLA, can parcels #1 and #2 be appraised on a square foot basis as part of the larger park parcel, or will separate legal descriptions need to be prepared for purposes of these appraisals? Response to Question 1 There is a way to accommodate what the parties involved in the prospective exchange are attempting to accorriplish and still comply with UASFLA. With regard to land exchanges UASFLA references 43 C.F.R. 2201.1(b) which reads, "To assess the feasibility of an exchange proposal, the prospective parties may agree to obtain a preliminary estimate of the values of the lands involved in the proposal. The preliminary estimate is generally not an appraisal but shall be prepared by a qualified appraiser." This type of preliminary estimate is not allowed under USPAP. However, it is permitted within UASFLA based on a jurisdictional exception to USPAP. We could prepare the preliminary estimates for all four parcels. Based on those estimates the appropriate sizes could be determined for Parcels 1 and 2. Legal descriptions could then be prepared for use in the appraisals. Cour objective as appraisers would be to determine market value for each parcel. It is possible that the value conclusions would not allow a feasible exchange even with adjustments to the sizes of Parcels 1 and 2. 3 of 15 2. Another question to be answered by the selected appraiser is how to deal with the value of the well lot to be severed from Storey Park. The well infrastructure has increased the value of the parcel, and the City is unsure whether the value of the well infrastructure must be considered in valuing the parcel pursuant to the UASFLA. What principles determine how to deal with the value of the water well infrastructure? Response to Question 2 The decision whether to include the value of the well improvements or not would be up to the City of Meridian. The argument against attributing value to the well improvements is persuasive to us as appraisers given that LWC funds were used to purchase the land but not the well infrastructure. However, UASFLA indicates that the determination needs to be made by the client agency. Section B-2 p. 33 of UASFLA reads as follows, "Government -constructed buildings and improvements put on the property during the government=s prior occupancy (e.g., when the government begins construction of the public improvement prior to the transfer of title and the effective date of the appraisal, or when the government made the improvements as a prior lessee of the property) are often excluded from consideration in estimating market value, depending upon the specific facts of the case. Therefore, appraisers who encounter government -constructed improvements on the property to be appraised as of the effective date of the appraisal should request written instructions from the client agency or legal counsel on how the improvements should be treated." The footnote to that paragraph offers a number of cases for legal counsel to refer to in determining how to deal with the improvements. USPAP allows for the underlying land of an improved property to be valued independently of the improvements. (Standards Rule 1-2(e)) 3. The final question has to do with how the appraiser will determine the value of the lot to be traded from the City Park to become a part of the Meridian Speedway complex. What principles will determine whether this trade parcel (identified as Parcel #2) will be valued as a discrete parcel or as part of the Speedway parcel to which it will be appended? Response to Question 3 wwr�... ir.■ r r. i Parcel 2 could possibly be valued as part of a larger parcel or could possibly be valued as its own parcel. This determination would be part of the appraisal process. Under the larger parcel valuation scenario the larger parcel would most likely be a portion or the entirety of the park site of which Parcel 2 is currently a part. 4 of 15 SCOPE of WORK Prepare four complete appraisal reports, one for each discrete parcel being considered for the trade transaction. Each report must be prepared in accordance with the requirements of the UASFLA as required by the LWCF Conversion requirements. PRESENTATIONS Those respondents which are determined to be best qualified to undertake the services required under this Request for Qualifications may be asked to answer questions and/or be invited to make a presentation to the City either by telephone or in person. Further information may be provided to the prospective respondents after the initial selection. 5 of 15 SUBMITTAL REQUIREMENTS One (1) original and four (4) copies of the respondents sealed Qualifications will be received by the City until 4:00 p.m., MT on Monday June 11, 2012 at the office of the Purchasing Manager, City of Meridian, 33 East Broadway Avenue, Meridian, Idaho 83642. The Qualifications must contain, but are not limited to the following information: '1. Completed Qualifications form submitted on PART Ill -A PROPOSAL FORM. 2. A summary of the respondents experience with projects similar to the types of work stated in this Request for Qualifications, submitted on PART III -B, RESPONDENT'S EXPERIENCE STATEMENT. 4. Any additional information which the respondent deems appropriate, including any relevant comments on the questions presented in the scope of work/statement of purpose to demonstrate the respondent's familiarity with the UAS F LA. 5. Pricing and ability to produce deliverables in a timely manner. CITY'S REPRESENTATIVES Purchasing Representative Keith Watts, Purchasing Manager 33 East Broadway Meridian, ID 83642 (208)888-4433 Fax (208) 887-4813 Technical Representative Ted Baird, Deputy City Attorney 33 East Broadway Meridian, ID 83642 (208) 888-3579 Fax (208) 898-5501 tba�ird_@meld iancity.arg Any and all explanations desired by a respondent regarding the meaning or interpretation of this Request for Qualifications or any part thereof must be requested in writing and directed to the person named as the Technical Representative and in accordance with Part II, section 1 "EXPLANATIONS TO RESPONDENTS". Violation(s) may be caused for rejection of the Qualifications. 8 of 15 PART II INSTRUCTIONS TO RESPONDENTS 1. EXPLANATIONS TO RESPONDENTS Any explanation desired by a respondent regarding the meaning or interpretation of the Request for Qualifications, or any part thereof, must be requested in writing( via U.S. Mail or email) and with sufficient time allowed for a reply to reach respondent before the submission of their Qualifications any interpretation made will be in the form of an addendum to the Request for Qualifications, issued by the Purchasing Agent, and will be furnished to all prospective respondents of record. Oral explanations or instructions given before Qualifications opening will not be binding. 2. CONDITIONS AFFECTING THE WORK Before submitting Qualifications, each respondent must (1) examine the Request for Qualifications documents thoroughly; (2) familiarize himself/herself with Federal, State and Local laws, ordinances, rules and regulations that may, in any manner, affect cost, progress or performance of the work; and (3) study and carefully correlate respondent's observations with the Request for Qualifications. Failure to do so will not relieve respondent from responsibility for estimating properly the difficulty or cost of successfully performing the work. The City will assume no responsibility for any understanding or representations concerning conditions made by any of its officers or agents prior to the execution of the contract, unless included in the Request for Qualifications, or any addendum. 3. SUBMISSION OF QUALIFICATIONS Interested firms or individuals shall submit one (1) original and four (4) copies of their response in accordance with this Request for Qualifications and must be sealed and addressed as directed below. Failure to do so may result in a premature opening of, or a failure to open, such Qualifications. Such premature or late opening, or failure to open, may result in disqualification of the Qualifications. The outside of the envelope must bear the notation: Project Number PKS4 24 0361 COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR STOREY PARK, MERIDIAN IDAHO JUNE 11, 2012 4:00 P.M. The envelope must be addressed and delivered to: City of Meridian, Purchasing Department, 33 East Broadway Avenue, Meridian, Idaho 83642. 7 of 15 4. LATE QUALIFICATIONS AND MODIFICATIONS Qualifications and modifications thereof received after the exact time of closing of Qualifications which is 4:00 p.m. MT, JUNE 259 2010 will not be considered. 5. WITHDRAWL OF QUALIFICATIONS Unless otherwise specified, Qualifications may be withdrawn by written request, received from respondent prior to the time set for closing of Qualifications. 6. INTENT OF THE CITY The objective of this Request for Qualifications is to provide sufficient information to enable qualified respondents to submit written Qualifications. This Request for Qualifications is not a contractual offer or commitment to purchase services. Contents of this Request for Qualifications and respondent's Qualifications will be used for establishment of final contractual obligation. It is to be understood that this Request for Qualifications and the respondent's Qualifications may be attached or included by reference in an agreement between the City and successful respondent. 7. GENERAL TERMS AND CONDITIONS The City reserves the right to waive any informalities or minor irregularities in connection with the Qualifications received. Alternate Qualifications will be considered unless otherwise stipulated. The City of Meridian does not discriminate on the basis of race, religion, sex, national origin, marital status, age, and physical handicap, ownership by women or minorities or sexual orientation. 8. BASIS FOR SELECTION This Request for Qualifications will be evaluated utilizing the criteria listed below. History from the current and previous projects and customers of the respondent may be used to evaluate some of the criteria. a. (10) Adherence to the RFQ. b. (30) Demonstrated competence in the performance of the type of work to be provided, including responses to the questions presented in fart I. C. (20) The ability of respondent to perform the scope of work within a reasonable time frame. 8 of 15 d, 20 Experience and References - The respondent's record of meeting project schedules and deadlines, and the nature, quality, and relevance of recently completed i P Work. e. (20) Cost —The reasonableness of the proposed fees for each of the four appraisals. The City reserves the right to reject any or all Qualifications, to make an award on the basis of suitability to purpose or superior quality, to accept other than lowest Qualifications or any other criteria the City believes to be in the best interest of the City. After the City has identified the Qualifications with the best value for the City, the City shall have the right to negotiate with the respondent over the final terms and conditions of the contract. These negotiations may include bargaining. The primary objective of the negotiations is to maximize the City's ability to obtain best value, based on the requirement and the evaluation factors set forth in the Request for Qualifications. If an agreement cannot be reached, the negotiation will be terminated and similar negotiations will occur with the second ranked firm. 9. CONTRACT COMPLETION DATE The successful respondent shall be required to (a) sign a City contract (b) commence work under the contract within seven (7) calendar days after the date the successful respondent receives the Notice to Proceed, (c) perform the work diligently, and (d) complete the work by the completion date negotiated. 9 of 15 PART III QUALIFICATIONS DOCUMENTS A -QUALIFICATIONS FORM In response to the Request for Qualifications, the undersigned respondent hereby proposes to furnish labor, material, travel, professional services, permits, supervision, Is equipment and equipment rental and all related expenses, and to perform all work necessary and required to complete the following project in strict accordance with the terms of this Request for Qualifications and the final contract for the prices specified by the respondent for: Project Number PKS-12-10351 COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR STOREY PARC, MERIDIAN IDAHO Respondent certifies that he/she has examined and is fully familiar with all of the provision of the Request for Qualifications and any addendum thereto; that he/she is submitting a Qualifications in strict accordance with the Instructions to Respondents; and that he/she has carefully reviewed the accuracy of all attachments to this Qualifications. Respondent certifies that he/she has examined the Qualifications documents thoroughly, studied and carefully correlated respondent's observations with the Qualifications documents, and all other matters which can in any way affect the work or the cost thereof. Respondent agrees that this Qualifications constitutes a firm offer to the city which cannot be withdrawn by the respondent for sixty (00) calendar days from the date of actual opening of Qualifications. If awarded the contract, respondent agrees to execute and deliver to the City within seven (7) calendar days after receipt of City's Conditional Notice of Award, the applicable Contract form, insurance certificates and bonds (if required). Attached is the Respondent's Experience Statement (Part III, B) which has been completed by respondent and made a part of this Qualifications. Respondent certifies that he is currently registered as a Certified General Appraiser in the State of Idaho. Idaho Appraiser License No. CGA 2769 10 of 15 Submitted by, RESPONDENT'S BUSINESS NAME (type or print) Martin & Park, Inc By: (signature in ink) Date: 6/11/12 Name: Ross Park., MAI Title: Commercial.Appraiser RESPONDENT'S BUSINESS ADDRESS/PHONE/FAX/E-MAIL P.O. Box 198 Boise, Idaho 83701 258-2200 (PH) 258-2108 (FAX) Note: If respondent is a corporation, give 1 State of incorporation- if a partnership or joint venture, give full names of all partners or joint venturers. Tyler Martin, MAI 11 of 15 DECLARATION UNDER PENALTY OF PERJURY The undersigned declares: that he/she holds the position indicated below as a corporate officer or the owner or a partner in the business entity submitting this Qualifications; that the undersigned is informed of all relevant facts surrounding the preparation and submission of this Qualifications, that the undersigned knows and represents and warrants to the city of Meridian that this Qualifications is prepared and submitted without collusion with any other person, business entity, or corporation with any interest in this Qualifications. declare under penalty of perjury that the foregoing is true and correct. CONTRACTOR/FIRM: Martin & Park, Inc. wl1 1 - M .1■■.IY1��■rr�r�.w�� 1 BY: Ross Park, MAI TITLE: Commercial Appraiser rrr.rrrrrrrrw���iiwrr�.�■rr rrrrrrirrrr.�...i ori■■ ■ � ADDRESS: P.O. Box 198 Boise, Idaho 83701 DATE: 6/11/2012 I 12 of 15 PART III QUALIFICATIONS DOCUMENTS B -RESPONDENT'S EXPERIENCE STATEMENT The respondent submits as a part of its Qualifications, the following information as to its experience and qualifications: a. The respondent has been engaged in this business under its present business name for 1 _ year. b. Experience in work of a nature similar in type and magnitude to that set forth in the request for Qualifications extends over a period of 6 . years. C. The Respondent has satisfactorily completed all contracts awarded to it, except as follows: (name any and all exceptions and reasons therefore. n/a d. List all work completed within the last ten (10) years of similar type and magnitude as set forth in this Request for Qualifications, Please include a sheet with all contact information and details of the project on a separate sheet, OWNER YEAR TYPE OF CONTRACT COMPLETED WORK AMOUNT See Attached e. List any relevant Professional Appraiser Designations (such as MAI, etc) MAI I certify that the above information is true and correct to the best of my knowledge. Signed this 11th day of June 2012 at. Boise, -Idaho (date) (month) (year) (city l state) NAME OF RESPONDENT: Ross Park, MAI Commercial Awraiser (title) 13 of 15 Part III Qualifications Documents Respondent's Experience Statement d. List all work completed within the last ten (10) years of similar type and magnitude as set forth in this Request for Qualifications. Project Owner Year Appraisal Work Com feted Contact A raiser pp MOSS Land, McCall State of Idaho 2011 Jane Wright Tyler Martin, MAI Department of Lands Boise City Armory City of Boise 2010 John Brunelle Tyler Martin, MAI City of Boise Harris Ranch Greenbelt Exchange Harris Family 2008 Doug Fowler Ross Park, MAI rA►CHD Harris Ranch 1 ne appraisai WOM described above was completed while Tyler Martin, MAI and Ross Park, MAI were employe at another firm. PART 1v FEE AND DELIVERY INFORMATION Fee for Appraisal Report of Parcel #1 $2,000 Fee for Appraisal Report of Parcel #2 $20000_ Fee for Appraisal Report of Parcel #3 $2,000 Fee for Appraisal Report of Parcel #4 $2,000 The pricing quoted above is based on a delivery date of 3_ # of weeks from the date of the City's Notice to Proceed. Additional pricing information, options, et: The pricing presented above includes the delivery of "preliminary estimates" for each parcel and summary appraisals to follow. The "preliminary estimates" would be delivered within 3 weeks. The appraisals would be delivered one to two weeks after legal descriptions for parcels 1 & 2 were provided to us. The pricing is an approximate estimate based on our understanding of the project. It is possible that the pricing could change after initial meetings with the parties involved in the proposed exchange. 14 of 15 LIST OF APPENDICES APPENDIX A: Ada County Parcel information for Storey Park (location of Parcels #1 and #2) APPENDIX B: Ada County Parcel Information for Parcel #3 APPENDIX C: Ada County Parcel information for Parcel #4 APPENDIX D: City Draft conceptual pian for undeveloped portions of Storey Park after proposed trades. 15 of 15 D AN�'� ....... . . . . . . ADDENDUM NO, I RF{.# PKS-12,10361 TO: ALL PROSPECTIVE PROPOSERS Reference: PURCHASING MANAGER 33 East Broadway Ave. Meridian, ID 83642 Phone: 208-888-4433 Fax., 208-887-4813 JUNE 71 2012 RFQ FOR COMMERCIAL REAL ESTATE APPRAISAL SERVICES — APPRAISAL REPORTS PREPARED IN ACCORDANCE WITH UNIFORM FEDERAL APPRAISAL STANDARDS ON FOUR PARCELS FOR LWCF CONVERSION LAND EXCHANGE AT AND NEAR STOREY PARK, MERIDIAN IDAHO, Subject: RFQ # PKK -1 -10361 - Addendum No. 1 Prospective Proposers for the above mentioned Request for Proposal is hereby corrected and amended as follows: 1. Part 11, Section #4 is amended to read as follows: LATE QUALIFICATIONS AND MODIFICATIONS Qualifications and modifications thereof received after the exact time- of closing of Qualifications which is 4:00 p.m. MT, JUNE 11, 2012 will not be considered. 2. Appendix E 'is added to the RFQ, a copy of which is attached hereto. Appendix E: 36 CFR Ch. 1, Part 69.3 — LWCF Conversion Requirement 3. TMS ADDENDUM MUST BE SIGNED AND SUBMITTED WITH YOUR PROPOSAL. 4, ALL OTHER TERMS AND CONDITIONS OF THE PROPOSAL REMAIN THE SAME, Please note the corrections by signing below and call me if you have any questions. Ted Baird Technical Representative W*41thA) Date Addendum No 1 Page 1 of 1 I A KK`) - - --------- - COMMU"KCIAL Al"PRAISALS -Ity Pe'rspc-c t' iNIC Expertise Inregli Ross PARK, MAI I MA -1 QUALIFICATIONS PROFESSIONAL EXPERIENCE Martin & Pork Inc: 2011 - Present Boise, ID Principal Mat -tin & Park, Inc. is a full service appraisal firm providing valuation and consultation services for commercial, investment, and development properties in Idaho, Oregon and Washington. Additional services include market researcli, site analysis, and feasibility studies. We are committed to exceeding client expectations by providing well supported, accurate and insightful appraisals. Our clients benefit frorn our strong relationships with market participants and our focus on using the latestavailable technologies including proprietary appraisal database software. L Lino. ton & Assocityles.- 2006 — 2011 Boise, ID Staff Appraiser Performed primary appraisal work on a wide variety of property types and ownership interests. Responsible for all aspects of the appraisal process for more than 400 appraisal assignments. Appraised properties in Idaho, Oregon and Washington.. U.11tinent oState: 2003 — 2005 Sydney, Australia , f Foreign Service Officer Promoted U.S. foreign policy to Australian government agencies, the consular corps and, the general public. Provided American Citizen Services in consular district with over 60,000 U.S. citizen residents. Adjudicated U.S. passport and visa applications. Conducted fraud investigations of suspect visa applicants. Recipient of Meritorious Honor Award, Franklin Award and Group Franklin Award. Held U.S. Department of State Top Secret Clearance. United Nations DeMg Uoment ELogram.- 2001 Mbabane, Swaziland Graduate Research Intern Organized and managed all data collection for the 1999 and 2000 Development Cooperation Reports (DCR). Conducted extensive interviews with all relevant Multi -Lateral and Bi -Lateral Organizations operating within Swaziland. Researched economic indicators and country statistics as well as edited and contributed to the DCR text. U.S. Pefice 1997-1999 Windhoek, Namibia Regional Youth Officer Facilitated youth, health, environmental, juvenile just -ice, education, and community service programs, for youth with -in vast region of rural communities. Operated at all levels of government, within traditional societies, and within the context of the local languages. and cultures. PROPERTY TYPES APPRAISED Residential Subdivision 0 Industrial Condominium Mixed Use Development Projects 0 Professional Office Community Infrastructure District 0 Executive Office Agricultural/Recreational Land Strip Retail Multi -Family C -Store High Value Individual Residential Lots Right of Way Commercial Subdivision • Airplane Hanger Office Warehouse • Assisted Living Facility Manufacturing Daycare/Education Properties Heavy Truck Service Center Special Purpose Properties P ) s I c i I -i() 83 08. 8 (,')0 . I ' Z. 1 4�.4 - L Ross PARK, MAI MAI QUALIFICATIONS, PAGE 2 EDUCATION �V 0 MONTEREY INSTITUTE OF INTERNATIONAL STUDIES Monterey, CA Master of Arts, biter national Policy Suidies - 2002 GETTYSBURG COLLEGE Gettysburg, PA Bachelor qfArts, Economics - 1994 APPRAISAL INSTITUTE USP" Update — 2012. Boise, ID Appraisal of Nursing Facilities — 2012 Chicago, IL USPAP Update — 2010 Boise, ID General Demonstration Appraisal Report Writing — 2010 Oakland, CA Advanced Income Capitalizatiott — 2009 San Diego, CA Bitsiness Practices and .Ethics — 2009 Chicago, IL Advanced Sales Compart'soto and Cost Approaches — 2009 Portland, OR Real Estate Rnance Statistics and Valuation Modeling — 2009 Oakland, CA General Appraiser Sales Comparison Approach — 2009 Salt Lake City, UT General Appraiser Site Valuation & Cost Approach — 2008 Spokane,, WA Online 7 Hous National USPAP Equivalevnt Coarse — 2008 Chicago, IL General Appraiser Income Approach (Part 1) — 2008 Boise, ID Advanced Applications — 2008 Boise, ID Report Writing and Valuation Analysis — 2007 Boise, ID Highest & Best Use and Market Analysis — 2007 Boise, ID USPAP — 2006 Portland, OR Scope qj' Work Sensinar — 2006 Boise, ID Basic Appraisal Procedures — 2006 Spokane, WA Basic Appraisal.Principles — 2006 Spokane, WA REFERENCES Mr. Jon Mine, MAI Mr. Doug Gilbert, MAI Chief Appraiser Senior Reviewer/Assistant Manager Bank of the Cascades RBC Bank — Builder Finance 888 SW 51h Avenue, Suite 1000 11011 Richmond Avenue, Sul te 85.0 Portland, OR 97204 Houston, TX 77042 (503) 499-5922 (713) 706-2215 Mr. Rick Hull Sterling Savings Bank 11400 SE 8th Street, Suite 340 Bellevue, WA 98004 (425) 635-2029 MEMBERSHIPS & APPOINTMENTS Idaho Certified General Appraiser, CGA #2 769 Appraisal Instittite,, Designated Member of the Appraffal Ihstittile (MAI) Sotithern Idaho Chapter of the Appraisal Institute, 7'reasurel. 2008 - 20-10 Southern Idaho Chapter of the.Appral'SUl ItistittiteMem bership Chair - 2007 & V PARK% MAT1l� N.1................ C 0 M M 1: It (7 1 A 1_ A V 1) KA 1 S A L.S t .11 11 z TYLER MARTIN, MAI h1At QUALIFICATIONS PROFESSIONAL EXPERIENCE A&rtin & Park. Inc.- 2011-- Present Boise, ID Principal services for Martin & Park, Inc. is a full service appraisal firm providing valuation and consultation commercial, investment, and development properties in Idaho, Oregon, and Washington. Additional services include market research, site analysis, and feasibility studies. We are committed to exceeding client expectations by providing well supported, accurate and insightful appraisals. Our clients benefit from our strong relationships with market participants and our focus on using the latest available technologies including proprietary appraisal database software. Langston &.Assrociat.es: 2006 – 2011 Boise, ID Staff Appraiser 4. i Performed primary appraisal work on a wide variety of property types and ownership interests throughout Idaho and Oregon. Responsible for all aspects of the appraisal process for nearly 400 commercial appraisal assignments. ToWIL—& Counh:y Reaft.y.0 2003 – 2005 Corvallis, OR Residential & Investment Realtor Specialized in the sale of investment oriented residential properties in the Oregon State University market. Assisted clients in determining investment expectations and identifying properties that met specific requirements. Provided full due diligence services including lender recruitment, renovation planning, title adjustments, and leasing plan strategies. Instrumental in securing an exclusive listing agreement with a large, local developer to market a high-end golf course community. Rand _.Coqv!gr Pronert ies: 2001. – 2003 Corvallis, OR Licensed Property Manager Responsible for all aspects of property management for commercial and residential investment clients. Guided clients through the design and implementation of action plans to achieve and maintain stabilized occupancy within their portfolios. Served as a project manager for several large scale renovations of multi -unit apartment complexes. PROPERTY TYPES APPRAISED • Professional Office • Manufacturing • Executive Office • Heavy Truck Service Center 0 Medical & Dental Office 0 Industrial Condominium 0 Office Condominium 0 •0 Mini Storage 9 Veterinary Hospital Residential Subdiv'sion 0 Pr maty Care Clinic 0 Commercial Subdivision 0 Ambulatory Surgical Center 0 Hotel/Motel 0 Oncology Treatment Center 0 Assisted Living Facilities Multi -Family 0 Daycare/Education Properties • Strip Retail 0 Historic Properties • Regional Retail 9 Special Purpose Properties • Service Commercial 0 Culturally Significant Properties • Restaurant 0 Higb-Value Residential Properties • Distribution Warehouse con I P("), kox NO C NVX\ W; 1*11 i I r I I TYLER MARTIN, MAI , IN -1 A IPAGE 2 QUALIFICATIONS, EDUCATION UNIVERSITY OF MONTANA Missoula, MT Bachelor of Arts, History - 2001 Three Ibne all -conference athlete APPRAISAL INS-TIT,UTE Appraisal Curriculum Overview - 2010 Boise, ID USPAP Update - 2010 Boise, ID Business Practices and Ethics - 2009 Chicago, IL Advanced Income Captralizatio. n - 2009 San Diego, CA Advanced Sales Comparison and Cost Approaches -- 2009 Portland, OR Real Estate Finance Statistics and Valuation Modeling - 2009 Oakland, CA General Appraiser Site Valuation & Cost Approach - 2008 Spokane, WA Report Writing and Valuation Analysis - 2008 Portland, OR General Appraiser Sales Comparison Approach - 2008 Tigard, OR Advanced Applications - 2008 Boise, ID Highest & Best Use and Market Analyst's - 2007 Boise, ID General Appraiser Income Approach (Part 2) - 2007 Tigard, OR. General Appraiser Income Approach (Part 1) - 2007 Tigard., OR USPAP — 2006 Portland, OR Basic Appraisal Procedures - 2006 Portland, OR Basic Appraisal Principles — 2006 Spokane, WA REFERENCES Mr. Dan Oxford, MAI Mr. Pat March Senior Review Appraiser President/Owner Banner Bank Mountain Pacific Commercial Mortgage 3005 1121h Ave. NE, Suite 100 765 W. Front Street, Suite 300 Bellevue, WA 98004 Boise, ID 83702 (425) 576-4362 (208) 489-1521 Mr. Pete Sekermestrovich Principal Broker/Owner• Town. & Country Realty 456 NW Tyler Ave Corvallis, OR 97330 (54-1) 757-1781 MEMBERSHIPS, APPOINTMENTS, & COMMUNITY SERVICE Idaho Certified General Appraiser, CGA #2666 Appraisal Institute, Designated Meiitber of the Al,)pra.1sal btstitute (MAI)