HomeMy WebLinkAboutR-2003-101 Alan B. Clayton Agreement (re: Washington Avenue reconstruction project )RESOLUTION NO. R 2003 - 101
A RESOLUTION authorizing and directing the City Manager to execute an
agreement for professional services between the City of Yakima
and Alan B. Clayton for appraisal services related to the
Washington Avenue reconstruction project.
WHEREAS, the City of Yakima desires to engage Alan B. Clayton, to perform
professional appraisal services on an independent contractor basis for the
Washington Avenue Reconstruction Project (hereinafter the "Project"); and
WHEREAS, Alan B. Clayton has the experience and expertise necessary to
provide said independent contractor services and is willing to provide such services
in accordance with the terms and conditions of the attached Agreement; and
NOW THEREFORE, The City Manager is hereby authorized and directed to
execute a contract for appraisal surveying services with Alan B. Clayton, subject to
review and approval of the contract by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 15th day of July, 2003.
ATTEST:
City Clerk
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y Place, Mayor
REAL ESTATE APPRAISAL
SERVICES AGREEMENT
THIS AGREEMENT is made and entered into by and between the City of Yakima, a
Washington municipal corporation (hereafter the "City"), and Alan B. Clayton, an individual
(hereafter "Consultant").
WHEREAS, the City of Yakima desires to engage Alan B. Clayton, to perform
professional appraisal services on an independent contractor basis for the Washington Avenue
Reconstruction Project (hereinafter the "Project").
WHEREAS, Alan B. Clayton has the experience and expertise necessary to provide said
independent contractor services and is willing to provide such services in accordance with the
terms and conditions of this Agreement.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Engineer as follows:
1. Scope of Services.
a. The Consultant shall provide real estate appraisal services to the City in accordance
with attached and incorporated Exhibit "A". These services include, but are not limited to, the
following:
i. Appraisal of designated properties as requested by the City to enable
satisfactory completion of the Project.
ii. Coordinate appraisal activities for the Project between the City and
Consultant.
iii. Prepare before and after appraisal reports to the City Engineer as
required or requested by the City Manager or City Engineer.
b. The City shall:
i. Provide the Consultant with all requested information necessary to carry
out his services under this Agreement.
2. Term. The term of this Agreement shall commence upon execution hereof and shall
terminate upon completion of the project; unless terminated sooner by either party in
accordance with Section 15; provided.
3. Consideration. The City shall pay the Consultant for services rendered hereunder at
the agreed upon rate per parcel and as negotiated between the City and Consultant. The
Consultant shall submit to the City monthly invoices itemizing all deliverables completed.
Upon receipt of said monthly invoice, the City shall make payment to the Consultant within
thirty (30) calendar days. The Consultant shall maintain adequate records/logs to substantiate
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all amounts itemized on the monthly invoices. Unless the term of this Agreement is extended
pursuant to Section 2, the total amount of compensation paid to the Consultant by the City
under this Agreement shall not exceed three thousand dollars ($3,000) based upon the
proposed work.
4. Inspection and Audit. Consultant shall maintain books, accounts, records, documents
and other evidence pertaining to the appraisal work completed under this Agreement in
accordance with generally accepted practices. All such books of account and records required
to be maintained by this Agreement shall be subject to inspection and audit by representatives
of the City and/or of the Washington State Auditor at all reasonable times, and Consultant
shall afford the proper facilities for such inspection and audit. Such books of account and
records may be copied by representatives of the City and/or of the Washington State Auditor
where necessary to conduct or document an audit or review. Provider shall preserve and make
available all such books of account and records for a period of three (3) years after final
payment under this Agreement.
5. Status of Consultant. Consultant and the City understand and expressly agree that
Consultant is an independent contractor in the performance of each and every part of this
Agreement. Consultant, as an independent contractor, assumes the entire responsibility for
carrying out and accomplishing the services required under this Agreement. Consultant and
his employees, agents and/or subcontractors shall make no claim of City employment nor shall
claim against the City any related employment benefits, social security, and/ or retirement.
Nothing contained herein shall be interpreted as creating a relationship of servant, employee,
partnership or agency between Consultant and the City.
6. Taxes and Assessments. Consultant shall be solely responsible for compensating his
employees, agents, and/or subcontractors and for paying all related taxes, deductions, and
assessments, including but not limited to, federal income tax, FICA, social security tax,
assessments for unemployment and industrial injury, and other deductions from income which
may be required by law or assessed against either party as a result of this Agreement. In the
event the City is assessed a tax or assessment as a result of this Agreement, Consultant shall
pay the same before it becomes due.
7. Nondiscrimination Provision. During the performance of this Agreement, Consultant
shall not discriminate on the basis of race, age, color, sex, religion, national origin, creed,
marital status, political affiliation, or the presence of any sensory, mental or physical handicap.
This provision shall include but not be limited to the following: employment, upgrading,
demotion, transfer, recruitment, advertising, layoff or termination, rates of pay or other forms
of compensation, selection for training, and the provisions of services under this Agreement.
8. The Americans with Disabilities Act. The Consultant shall comply with the
Americans with Disabilities Act of 1990, 42 U.S.C. § 12101 et seq. (ADA), and its implementing
regulations, and Washington State's anti -discrimination law as contained in RCW Chapter
49.60 and its implementing regulations, with regard to the activities and services provided
pursuant to this Agreement. The ADA provides comprehensive civil rights to individuals with
disabilities in the area of employment, public accommodations, public transportation, state and
local government services, and telecommunications.
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9. Compliance With Law. Consultant agrees to perform those services under and
pursuant to this Agreement in full compliance with any and all applicable laws, rules, and
regulations adopted or promulgated by any governmental agency or regulatory body, whether
federal, state, local, or otherwise.
10. No Insurance. It is understood the City does not maintain liability insurance for
Consultant and/ or its employees.
11. Indemnification.
a. Consultant agrees to hold harmless, indemnify, and defend the City, its elected
officials, officers, employees, and agents from and against any and all suits, actions, claims,
liability, damages, judgments, costs and expenses (including reasonable attorney's fees) which
result from or arise out of the sole negligence of Consultant in connection with or incidental to
the performance or non-performance of this Agreement.
b. In the event that both Consultant and the City are negligent, each party shall be
liable for its contributory share of negligence for any resulting suits, actions, claims, liability,
damages, judgments, costs and expenses (including reasonable attorney's fees).
c. Nothing contained in this Section or this Agreement shall be construed to create
a liability or a right of indemnification in any third party.
12. Delegation of Professional Services. The services provided for herein shall be
performed by Consultant, and no person other than regular associates or employees of
Consultant shall be engaged upon such work or services except upon written approval of the
City.
13. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Consultant to any other person or entity without
the prior written consent of the City. In the event that such prior written consent to an
assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of
Consultant stated herein.
14. Waiver of Breach. A waiver by either party hereto of a breach of the other party hereto
of any covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of either
party to insist upon strict performance of any agreement, covenant or condition of this
Agreement, or to exercise any right herein given in any one or more instances, shall not be
construed as a waiver or relinquishment of any such agreement, covenant, condition or right.
15. Termination. This Agreement may be terminated by either party at any time after first
having given ten (10) calendar days written notice to the other party in the event of the other
party's substantial failure to perform in accordance with the terms and conditions of this
Agreement. Additionally, either party may terminate this Agreement without cause by
providing the other party with thirty calendar (30) days written notice of termination.
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16. Confidentiality. The Consultant agrees to maintain total confidentiality as regards to
information discerned from access to City records. Such information shall be held in strict
confidence in accordance with the standards of Conduct of the Engineering Profession.
17. Severability. If any portion of this Agreement is changed per mutual agreement or any
portion is held invalid, the remainder of the Agreement shall remain in full force and effect.
18. Integration. This written document constitutes the entire agreement between the City
and Consultant. There are no other oral or written Agreements between the parties as to the
subjects covered herein. No changes or additions to this Agreement shall be valid or binding
upon either party unless such change or addition be in writing and executed by both parties.
19. Notices. Unless stated otherwise herein, all notices and demands shall be in writing
and sent or hand delivered to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
Alan B. Clayton
1825 N.E. Wheatland Drive
Pullman, WA 99163
or to such other addresses as the parties may hereafter designate in writing. Notices and/ or
demands shall be sent by registered or certified mail, postage prepaid or hand delivered. Such
notices shall be deemed effective when mailed or hand delivered at the addresses specified
above.
20. Survival. Any provision of this Agreement which imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
agreement and shall be binding on the parties to this Agreement.
21. Governing Law. This Agreement shall be governed by and construed in accordance
with the laws of the State of Washington.
22. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
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CITY OF YAKIMA
By:
R. A. Zais, Jr., City Manager
DATE:
ATTEST:
ALAN B. CLAYTON
By:
Alan B. Clayton
DATE: 7/2-7/0
City Clerk
City Contract No. 2tZ —74f
City Resolution No. /Q -076D3 /D
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ABC Associates
REAL ESTATE APPRAISERS & CONSULTANTS
1825 N.E. Wheatland Drive, Pullman, Wash. 99163
EXHIBIT "A"
K. Wendall Adams P.E.
City Engineer
129 N. Second St.
Yakima, Washington 98901
Dear Mr. Adams,
Alan B. Clayton, MAI, SRA
July 2, 2003
Please find the following proposal for Short Form before
and after appraisals on three properties located on Washington
Avenue north of McAllister Field in Yakima, Washington. The
proposed fee schedule and a brief description is as follows:
Parcel # Zoning Area Acquisition Fee
181334-12403 M-1 150,899 s.f. 2,538 s.f. $ 600
181335-23001 CBDS 135,063 s.f. 10,752 s.f. 1,600
181335-23404 M-1 26,282 s.f. 1,705 s.f. 800
Total Fee $3,000
These appraisals will be completed within 30 days of my
uthorization to proceed. It was nice meeting with you Tuesday
and I am looking forward to working with you on this project.
Respectfully Submitted,
aP.
Alan B. Clayton, MAI, SRA
PrFcmymn
JUL 0 8 2003
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
* 1
Item No. a"
For Meeting of July 15, 2003
ITEM TITLE: Award Consultant Contract for Washington Avenue Appraisal
Services to Alan B. Clayton.
SUBMITTED BY: Department. of Community and Economic Development -
ngineering Division
• iam R. Cook, CED Department Director, 575-6227
CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
Alan B. Clayton is a State/Federal certified appraiser and his help to acquire property
along Washington Avenue is needed to construct the Washington Avenue project. This
work will include appraisal of at least 3 properties that are needed to complete the
property acquisition for road right-of-way between 24th Avenue and 64th Avenue. The cost
for this work is $3,000, which includes all costs associated with the work. The time to
complete this work will be approximately thirty days.
Resolution X Ordinance Contract X Other (Specify)
Funding Source Arterial Street - Fund 142
APPROVED FOR SUBMITTAL: --7,,,5�
City Manager
STAFF RECOMMENDATION:
Approve Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT
Engineering Division
129 North Second Street X003
Yakima, Washington 98901
(509) 575-6111 • Fax 576-6305
K. Wendell Adams, City Engineer
November 7, 2003
ABC Associates
Attn: Alan B. Clayton
1825 NE Wheatland Drive
Pullman, WA 99163
Re: Washington Avenue Reconstruction Project
City Project No. 1901
Dear Mr. Clayton:
The Yakima City Manager has approved the contract amendment to your existing
contract dated July 22, 2003.
Per our discussion on November 4th, you will complete the tasks outlined in your
proposal within six (6) weeks of the full execution of the amendment.
Please consider this letter authorization to proceed with such additional services as
outlined in the amendment.
Should you have any questions, please call me at (509) 575-6228.
Sincerely,
Robert J. Dessellier
Acting City Engineer
cc: K. Wendell Adams, P.E., City Engineer
Randy Tabert, Engineer Associate
Wendy Leinan, Contract Specialist
Finance
File
Yakima
w-�wwan
1994
Addendum to
SERVICES AGREEMENT
Contract Dated July 22, 2003
Between:
Alan B. Clayton
1825 N.E. Wheatland Drive
Pullman, WA 99163
And:
City of Yakima
City Hall
129 North 2nd Street
Yakima, Washington 98901
City Contract Number R-2003-74
Washington Avenue Construction Project No. 1901
Description of services: Thirteen (13) Public Funding Appraisal Estimates & Short Form
Appraisal Estimates per attached listing.
Scope of Work: Additional services for IRS right-of-way documentation to property
owners for donated property tax deduction.
Fees for above:
Public Funding Appraisal Estimates: $ 1,800
Short Form Appraisal Estimates: $ 4,800
Total fee $ 6,600
Acceptance and Approval to Proceed:
City Manager
Acknowledgment
Alan B. Clayton
ZC
ate
FEE PROPOSAL
Washington Avenue Reconstruction
City Project No. 1901 (24`" Ave. To 52nd Ave.)
Parcel# Zoning
181334-12006 M-1
181334-12412 M-1
181334-12421 M-1
181334-14002 M-1
181335-22015 M-1
181335-23011 M-1
181335-23013 M-1
181335-23401 M-1
181335-23402 M-1
181335-23403 M-1
181335-23405 M-1
181335-23406 M-1 & R1
181335-24031 CBDS
Total Fee
Area
87,526 s.f.
28,185 s.f.
229,361 s.f.
199,805 s.f.
74,488 s.f.
45,004 s.f.
53,174 s.f.
79,466 s.f.
44,051 s.f.
49,417 s.f.
27,030 s.f.
158,063 s.f.
468,991 s.f.
S.F. = Short Form (WSDOT)
PFE = Public Funding Estimate (WSDOT)
Donation Area
2,103 s.f.
1,908 s.f.
3,545 s.f.
12,815 s.f.
305 s.f.
1,519 s.f.
1,638 s.f.
3,038 s.f.
300 s.f.
1,975 s.f.
1,999 s.f.
890 s.f.
6,613 s.f.
11/4/03
Type Fee
S.F. 500
S.F. 500
PFE. 500
S.F. 600
PFE 400
S.F. 500
S.F. 500
S.F. 500
PFE 400
S.F. 500
S.F. 500
PFE 500
S.F. 700
$6,600