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HomeMy WebLinkAboutR-2004-110 Carson T. Olafson Agreement (re: Washington Avenue)RESOLUTION NO. R 2004 -110 A RESOLUTION authorizing and directing the City Manager to execute an agreement for professional services between the City of Yakima and Carson T. Olafson for appraisal services related to the Washington Avenue reconstruction project. WHEREAS, the City of Yakima desires to engage Carson T. Olafson, to perform professional appraisal services on an independent contractor basis for the Washington Avenue Reconstruction Project (hereinafter the "Project"); and WHEREAS, Carson T. Olafson 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 the attached contract for appraisal services with Carson T. Olafson. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2004. ATTEST: (1k)res/engineering Resolution Clayton.doc 0CA-4_ Paul P. George, 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 Carson T. Olafson, an individual (hereafter "Consultant"). WHEREAS, the City of Yakima desires to engage Carson T. Olafson, to perform professional appraisal services on an independent contractor basis for the Washington Avenue Reconstruction Project (hereinafter the "Project"). WHEREAS, Carson T. Olafson 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, as well as an opinion of value of the orchard, including a "break -down" of the value of its components, 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 of $3,500 (three thousand five hundred dollars) for the 2 (two) parcels comprising the subject property orchards and as negotiated between the City and Consultant. 1 of 6 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 all amounts itemized nn 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 five hundred dollars ($3,500) 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 2 of 6 disabilities in the area of employment, public accommodations, public transportation, state and local government services, and telecommunications. 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 3 of 6 Agreement. Additionally, either party may terminate this Agreement without cause by providing the other party with thirty calendar (30) days written notice of termination. 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 Carson T. Olafson 909 S. 30th Ave. Yakima, WA 98902 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. 23. Deposition/Testimony. Testimony or attendance in court is not required by reason of this appraisal unless arrangements are previously made therefore. 4 of 6 CITY OF YAKIMA By: R. A. Zais, Jr., City Manager DATE: Tu.,( c, ao' (76 ATTEST: City Clerk City Contract No. 90 City Resolution No. /r-aBeif44//o 5 of 6 By: CARSON T. OLAFSON DATE: Carson T. Olaf EXHIBIT 'A' Appraisal of parcels: 181332-41001 and 181332-42001 The 2 properties to be appraised are on the south side of W. Washington Ave., between S. 64th Ave. & S. 72nd Ave. The easternmost property (41001) is a Golden Delicious Apple orchard. The westernmost property (42001) is also an orchard with Red Ace, Scarlet and a recently planted block of non -producing block of Honey Crisp trees. There are 2 irrigation wells on westernmost property that serve both parcels. The proposed right of way has been changed so the wells are not within the new right-of-way. 6 of 6 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. i� For Meeting of July 20, 2004 ITEM TITLE: Award Consultant Contract for Washington Avenue Appraisal Services to Carson T. Olafson. SUBMITTED BY: tment. of Community and Economic Development - Engineering Division William R. Cook, CED Department Director, 575-6227 CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111 SUMMARY EXPLANATION: Carson T. Olafson is a State/Federal certified appraiser and his help to acquire property along Washington Avenue is needed to construct the next Phase of the Washington Avenue Reconstruction project. This work will include the appraisal of portions of 2 orchard properties that are needed to complete the property acquisition for road right-of- way between 52nd Avenue and 72nd 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:, V City Manager STAFF RECOMMENDATION: Approve Resolution and Agreement. BOARD / COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-110.