HomeMy WebLinkAboutR-1996-119 Purchase additional rights-of-way 48th Ave & Nob HillRESOLUTION NO. R-96-1 19
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute an agreement with
Alan B. Clayton, a property acquisition specialist, for the
purchase of additional rights-of-way necessary for the
widening of and traffic signal improvements to 48th Avenue
and Nob Hill Boulevard.
WHEREAS, the City of Yakima contemplates the improvement of the
intersection of 48th Avenue and Nob Hill Boulevard and partial reimbursement
for the cost of such design may be forthcoming from the Intermodal Surface
Transportation Act of 1991, as administered by the State of Washington,
Department of Transportation; and
WHEREAS, the City of Yakima desires to engage Alan B. Clayton, a
property acquisition specialist, on an independent contractor basis for the
purchase of additional rights-of-way necessary for the widening of and traffic
signal improvements to 48th Avenue and Nob Hill Boulevard; 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
WHEREAS, the City Council deems it to be in the best interest of the City
of Yakima to enter into an agreement with Alan B. Clayton, in accordance with
the terms and conditions of the attached agreement now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached and incorporated agreement
with Alan B. Clayton, a property specialist, for the purchase of additional
rights-of-way necessary for the widening of and traffic signal improvements
to 48th Avenue and Nob Hill Boulevard.
ADOPTED BY THE CITY COUNCIL this
Ai !ESP.
City Clerk
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AGREEMENT FOR SERVICES
THIS AGREEMENT is made and entered into by and between the City of
Yakima, a Washington municipal corporation (hereinafter the "City"), and
Alan B. Clayton, an individual (hereinafter "Consultant").
WHEREAS, the City requires an evaluation of and negotiation for the
acquisition of certain real property in connection with the widening and
improving of the intersection of South 48th Avenue and Nob Hill Boulevard.
WHEREAS, the Consultant represents that it has the expertise necessary
to perform the services required by the City.
NOW, THEREFORE, in consideration of the mutual covenants, promises,
and agreements set forth herein, it is agreed by and between the City and
Consultant as follows:
1. Scope of Services.
a. Consultant. The Consultant shall perform the following tasks
upon receipt of written authorization from the City for each task:
Task 1: Provide title reports and the true cost estimate
as defined by the Washington State Department
of Transportation for acquisition of up to three
(3) parcels identified on the attached and
incorporated Exhibit "A" and in accordance with
procedures defined and referenced in this
Agreement, and the attached and incorporated
Exhibit "B" (Local Agency Guidelines Manual,
Washington State Department of
Transportation) .
Task 2: Provide appraisals of up to three (3) parcels of
property identified on Exhibit "A" and in
accordance with procedures defined and
referenced in this Agreement, and Exhibit "B."
Task 3: Provide negotiation and acquisition services for
up to three (3) parcels identified on Exhibit "A"
and in accordance with procedures defined and
referenced in this Agreement, and Exhibit "B."
Task 4: Provide project management services, except
condemnation proceedings, as required to
coordinate and report the accomplishment of the
other tasks of this Agreement.
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Each task shall be completed by Consultant within ninety (90) calendar
days following written authorization to begin said task. Established
completion time shall not be extended because of any delays attributable
to the Consultant, but may be extended by the City in the event of a
delay attributable to the City or because of a delay caused by conditions
beyond the control of the Consultant.
In performing the tasks set forth above, Consultant shall:
i. Make no less than three (3) personal contacts, if
needed, with each property owner to acquire valid title
to the needed rights-of-way.
ii. No later than the second contact, explain the City's
offer orally and in writing, and request execution of
appropriate conveyance by the owner to the City of the
needed rights-of-way in consideration of the offer.
iii. Perform negotiations within the limits delineated by
the title reports, project maps, determination of fair
market value, Exhibit "B," and written instructions by
the City.
iv. Keep and make available to the City, a complete and
legible diary of each contact. The diary shall include
date, time, and place, amount of offer and to whom
made, and any other information deemed necessary for
a complete understanding of what occurred during
negotiations. Upon completion of the right-of-way
acquisition process, the diary shall become the
property of the City for its permanent records.
v. Attempt to obtain release of all liens or encumbrances
on the property which affect title to the property so as
to guarantee that unencumbered title to the required
rights-of-way is vested in the City. The Consultant
shall inform the City in writing of those liens or
encumbrances which cannot be released and shall
request instruction from the City as to the manner of
treating these liens and encumbrances.
vi. Make available for inspection and audit all records
regarding performance of this Agreement to the City
and the State any time during the term of this
Agreement and for a period of three (3) years from the
date of final payment.
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b. City. The City shall:
i. Provide all special instructions in writing to the
Consultant, project maps, engineering data, legal
descriptions for the right-of-way and the right-of-way
deeds, and any printed forms needed for conveying the
necessary rights-of-way to the City.
ii. Provide final decisions in writing to the Consultant on
any question not covered by item "1" above.
iii. Review and shall accept or disapprove and reject any
work performed by the Consultant on the project
within ten (10) days from the date of receipt by the
City.
iv. Be responsible for the filing of any condemnation
proceedings.
vi. Be responsible for the closing and recording of all
necessary real property documents and payments to
the property owners.
2. Term. The term of this Agreement shall commence upon execution
hereof and shall terminate upon completion of all services/tasks required
hereunder, unless sooner terminated by either party in accordance with
Section 14.
3. Consideration. With reference to the tasks defined in Section 1 of this
Agreement, the Consultant shall be paid for fees and expenses according to the
following schedule for tasks completed and approved in accordance with this
Agreement:
Task 1: A. Reimbursement for title reports
ordered by Alan B. Clayton to a
maximum of $250.00 per
parcel for three (3) parcels. $750.00
B. True cost estimate for three (3)
parcels at $200.00 per
parcel. $600.00
Total Task 1 $1,350.00
Task 2: Estimated - Strip appraisal for
three (3) parcels at $900.00 per
parcel.
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$2,700.00
Task 3: Negotiations services at $1,000.00
per separate ownership of three (3)
parcels.
Task 4: Project Management at $100.00
per hour for services, including
evaluation and conferences to a
maximum of 20 hours.
TOTAL - ALL TASKS
$3,000.00
$2,000.00
$9,050.00
Except when authorized in advance in writing by the City Engineer, the
Consultant shall not be entitled to payment in excess of the maximum
amounts set forth above for any task. The total amount of compensation to be
paid to Consultant shall not exceed Fifteen Thousand Dollars ($15,000).
4. Additional Services and Changes. During the term of this Agreement,
the City may require additional services and/or changes to the scope of the
services provided by the Consultant under this Agreement. The City shall
provide the Consultant with written notice of such additional services and/or
changes. If such changes affect the cost, or time required for performance of
this Agreement, an appropriate adjustment shall be made if requested by the
Consultant at the time such notice is given; otherwise, Consultant shall be
deemed to have waived any request for additional compensation or extra time
within which to perform this Agreement.
5. Confidentiality. All information developed by the Consultant and all
conclusions reached by him shall be confidential as between the Consultant
and the City and shall not be revealed by the Consultant to any other person or
organization without the express written consent of the City or a court order so
requiring.
6. 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 and its
employees shall make no claim of City employment nor shall claim against the
City any related employment benefits, social security, and/or retirement.
7. Taxes and Assessments. Consultant shall be solely responsible for
compensating its employees 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.
8. Nondiscrimination Provision. During the performance of this
Agreement, Consultant shall not discriminate on the basis of race, age, color,
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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, and selection for training.
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 and Hold Harmless. Consultant agrees to protect,
defend, indemnify, and hold harmless the City, its elected officials, agents,
officers, employees from any and all claims, demands, losses, liens, liabilities,
penalties, fines, lawsuits, and other proceedings and all judgments, awards,
costs and expenses (including attorneys' fees and disbursements) resulting
from Consultant's performance and/or non-performance of this Agreement.
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. Termination. The City or Consultant may terminate this Agreement,
with or without cause, by giving the other party ten (10) days written notice of
termination.
15. No Conflict of Interest. Consultant represents that it or its employees
do not have any interest and shall not hereafter acquire any interest, direct or
indirect, which would conflict in any manner or degree with the performance of
this Agreement. Consultant further covenants that it will not hire anyone or
any entity having such a conflict of interest during the performance of this
Agreement.
16. 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.
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17. 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.
18. Notices. Unless stated otherwise herein, all notices and demands shall
be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO CONSULTANT:
City Engineer
City Hall
129 North 2nd Street
Yakima, WA 98901
Alan B. Clayton
40 Elliot Road
Cowiche, WA 98923
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. Such notices shall be deemed effective when mailed or hand delivered
at the addresses specified above.
19. Governing Law. This Agreement shall be governed by and construed in
accordance with the laws of the State of Washington.
20. Venue. The venue for any action to enforce or interpret this Agreement
shall lie in the Superior Court of Washington for Yakima County, Washington.
CITY OF YAKIMA
R. A. Zais, , City Manager
DATE: '11 ¢ci
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ATTEST:
City Clerk
City Contract No. q -g°I
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ALAN B. CLAYTON
By:Alan B. B. Clayton, Owner/President
DATE:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 1
Item No. 1
For Meeting of September 3, 1996
ITEM TITLE: Consultant Services Contract for Right -of -Way Acquisition.
SUBMITTED BY: Department. of Community and Economic Development
Engineering Division
CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096
SUMMARY EXPLANATION:
The 48th Avenue and Nob Hill Boulevard project is ready for the right-of-way
acquisition phase. The 1996 budget contemplates the expenditure of funds for the
acquisition of portions of three parcels of property for widening 48th Avenue at
the intersection of Nob Hill Boulevard.
Alan B. Clayton was selected from the pre approved state list and the City of
Yakima 1995 - 1996 consultant roster for property acquisition services. Mr.
Clayton has submitted a proposal to evaluate and acquire the necessary right-of-
way as noted above.
This work was considered in the 1996 budget and the consultant cost is
estimated to be less than $15,000.
Resolution XX Ordinance Contract XX Other (Specify)
Funding Source 142 Arterial Street Fund,
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt the attached resolution authorizing the city
manager and city clerk to sign the consultant
agreement for right-of-way acquisition.
BOARD/COMMISSION RECOMMENDATION:
COUNCILAUIION: Resolution adopted. Resolution No. R-96-119