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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 l l.lr../cl.ysm.p L kl,1 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. Page 1 of 6 (ls,aor/clayton.Dm 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. Page 2 of 6 ( la)agr/clayton.pm 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. Page 3 of 6 (la)agriclayton.pm $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, Page 4 of 6 (1s)a,r/olayton.pn 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. Page 5 of 6 «.,.g / 1,yt...A. 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 � ATTEST: City Clerk City Contract No. q -g°I Page 6 of 6 ( ls)agr,c,aYton.pn 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