Loading...
HomeMy WebLinkAboutR-2009-065 Capital Improvement Projects Right-Of-Way Acquisition Services Agreement with Yakima CountyRESOLUTION NO. R-2009-65 A RESOLUTION authorizing the City Manager to execute an Interlocal Agreement with Yakima County to have the County perform Right -of -Way acquisition services for the City on Capital Improvement Projects. WHEREAS, the City, at times, needs to purchase property for right of way on capital improvement projects; and, WHEREAS, the City often receives State and Federal funds for capital improvement projects that require acquisition of right of way; and, WHEREAS, the City desires to utilize said funds in addition to City funds to undertake capital improvement projects; and, WHEREAS, the expenditure of said funds can require that the projects be designed and administered in accordance with the Washington State Department of Transportation ("WSDOT") Local Agency Guidelines, including acquisition of right-of-way by a WSDOT authorized agency; and, WHEREAS, the City is not sufficiently staffed to have designated employees for acquisition of right-of-way; and, WHEREAS, the County is presently staffed and authorized by WSDOT to acquire right-of-way on federal aid projects; and, WHEREAS, the construction of capital improvement projects is a benefit to the general public; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute an Interlocal Agency Agreement with Yakima County to have the. County perform Right -of -Way acquisition services for the City on Capital Improvement Projects. ADOPTED BY THE CITY COUNCIL this 21st day of A ATTEST: Offs City Clerk I, 2009. avid Edler, ayor CITY OF YAKIMA AND YAKIMA COUNTY INTERLOCAL AGENCY AGREEMENT FOR RIGHT-OF-WAY ACQUISITION SERVICES THIS AGREEMENT is entered into between Yakima County, Washington and its contractors (hereinafter referred to as the "County") through its Public Services Department, whose address is 128 North 2' Street, 4`1' Floor Courthouse, Yakima, Washington 98901, and the City of Yakima (hereinafter referred to as the "City"), whose address is 129 North 2"d Street, Yakima, Washington 98901, pursuant to RCW 39.34 080. WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Pohcies Act of 1970 (PL 91-646, 84 Stat. 1894) amended by Uniform Relocation Act Amendments of 1987 (PL 100-17, 101 Stat. 246-256) as implemented by the United States Department of Transportation (49 CFR 24), Chapter 8.26 Revised Code of Washington (RCW), and Chapter 468-100 Washington Administrative Code (WAC), all of which are hereinafter referred to as the REGULATIONS, establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced in connection with or as a result of public works programs or projects of a State agency or local public body; and, WHEREAS, the CITY may propose to acquire or to administer the acquisition of real property in connection with public works programs or projects which may necessitate displacement of an individual, a family, business, farm, or nonprofit organization; and, WHEREAS, the COUNTY has an established organization to complete project impact studies and to conduct land acquisition, property management, and relocation assistance programs in compliance with the REGULATIONS and is empowered to provide such services to other governmental agencies pursuant to Chapter 39.34 RCW; and, WHEREAS, the CITY, assures the COUNTY that the CITY'S requests for services under this AGREEMENT will not result from bidding, negotiation, or other competition involving private enterprise; and, WHEREAS, the CITY may desire to obtain such services from the COUNTY and the COUNTY is willing to furnish such services to the CITY, and both deem it in the interest of the public to enter into this AGREEMENT; and, WHEREAS, the actual work to be performed shall be specified in a Task Assignment signed by both parties; and, WHEREAS, the CITY shall pay for any work identified in a Task Assignment as specified by the terms of the Task Assignment and this AGREEMENT; NOW, THEREFORE, in consideration of the stated premise and in the interest of providing expedient, fair, equitable, and uniform treatment of landowners and persons to be displaced by proposed land acquisition projects and pursuant to RCW 8.26.095, the parties hereto agree as follows: I GENERAL A. The COUNTY shall, to its maximum ability, provide the CITY with impact study, appraisal, appraisal review, acquisition, relocation assistance, or property management services described hereinafter, all in accordance with the appropriate elements of the COUNTY'S operating requirements set forth in the Washington State Department of Transportation Right -of -Way Manual, and Local Agency Guidelines. All such requirements shall conform to the REGULATIONS. All work to be performed shall be identified in a Task Assignment signed by both parties. B. The normal workload of the County shall have priority over any work performed under this AGREEMENT or any Task Assignment. The work performed under this AGREEMENT and the associated Task Assignments shall be pursued with care and diligence, making every effort to recognize pertinent schedules of the CITY. The COUNTY shall promptly notify the CITY of any hardship or other inability to perform under this AGREEMENT including postponement of the CITY'S work due to priority given to the COUNTY'S work. C. This AGREEMENT may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but any such change shall be accomplished by written supplement executed by all parties to said AGREEMENT. D. The parties shall agree on a satisfactory completion date for work performed under any Task Assignment ("work completion date"), which shall be specified in the Task assignment. The CITY shall, upon satisfactory completion of work performed pursuant to a Task Assignment, issue a letter of acceptance that shall include a release and waiver of all future claims or demands of any nature resulting from the performance of the work under the Task Assignment. If the COUNTY does not receive a letter of acceptance within 90 days following the work completion date, the work will be considered accepted by the CITY The CITY may withhold acceptance of work by submitting written notification to the COUNTY within a 90 -day period. This notification shall include the reasons for withholding acceptance. II WORK ASSIGNMENT/REQUEST A. Specific assignments shall be made in the form of a written Task Assignment to the COUNTY by the CITY and signed by both parties. Each Task Assignment shall contain an agreed upon budget and schedule for all services to be rendered. CITY approval is required for budget and schedule changes. The agreed upon budget will include estimated COUNTY staff and related costs in addition to applicable acquisition/relocation cost estimates. The CITY shall make such assignments before any negotiations for property acquisition and before any discussion of pnce with the property owner, when required by the REGULATIONS. B. The CITY shall furnish the COUNTY with all information that has been compiled by or is available to the CITY concerning the property to be affected by each particular project. Such information shall include, but not be limited to, copies of approved right of way plan sheets showing limits of parcels, rights to be acquired, legal descriptions of parcels to be acquired; a list identifying each property affected by the project by parcel number; a tabulation of improvements on each property; the geographical location and boundaries of each property; and a description of how the project affects each property. C. The COUNTY shall furnish all labor, materials, supplies, and incidentals necessary to complete the work assigned by the CITY and shall furnish all information necessary to the conduct of a land acquisition program. D. The COUNTY will at its discretion and upon written request from the CITY furnish the following as required Impact Studies: Impact studies shall be made and reported in written narrative addressing potential influences by a program or project on land economics or land use factors, displacement/relocation factors, acquisition costs, and relocation plans, as requested. Appraisal: Property shall be evaluated and value conclusions reported to conform with depai lniental operating requirements. Any request by the CITY for court preparation and testimony will be a separate Task Assignment under this AGREEMENT and shall be submitted to the COUNTY in a timely manner to provide not less than ninety (90) days notice in advance of any expected court appearance. Appraisal Review: Appraisal reports shall be reviewed to conform with departmental operating requirements for validity of value conclusions provided such reports are accompanied by a copy of the appraiser's contract and provided that the CITY (or its agent) has determined that such reports appear to comply with the agency's procedural requirements and include adequate descnption of the property appraised and the interest to be acquired and appear to include adequate data supporting said conclusions. The CITY shall be responsible for obtaining any necessary replacements for unacceptable appraisal reports or for obtaining any substantive revisions of inadequate reports where such reports were furnished to the COUNTY by the CITY. Acquisition: Every reasonable effort will be made to acquire real property by negotiations in accordance with the REGULATIONS and the CITY'S condemnation authonty, including the CITY'S authority to acquire limited access where applicable The COUNTY shall attempt to acquire all property within the project limits without commencing condemnation proceedings. A written offer will be presented to each owner at the time pnce is first discussed for the property. The offer will be documented and retained as part of the parcel file. Individual parcel dianes will be maintained containing adequate written records of the negotiations including, but not limited to, the following: 1. Date and place of contacts; 2 Persons present; 3. Offers made (actual dollar amount); 4. Counter offers made; 5. Reasons settlement could not be reached (if appropriate). Each request by the CITY shall specify the name of the grantee in whose name the property is to be conveyed. The COUNTY shall provide the CITY with deeds to all property acquired and, wherever deemed necessary, instruments to clear encumbrances of title from those deeds. Upon completion of a review of each acquisition by the COUNTY, all instruments and materials pertaining thereto will be provided to the CITY. Clearing remaining encumbrances of title and making the actual payment for the property shall be the responsibility of the CITY. Should it become apparent that negotiations for attempted acquisition have reached an impasse and sufficient time has elapsed for a property owner to make a decision, the COUNTY will, either at its discretion or upon written request by the CITY submit to the CITY a condemnation report that will contain a summary of negotiations, amounts of counter offers, if any, and other histonc data relative to such attempted acquisition. The actual filing of condemnation and subsequent litigation shall be the responsibility of the CITY. Relocation Assistance: Relocation assistance services shall be provided to conform with departmental operating requirements. All relocation payment claims presented by displacees will be processed by the COUNTY, but the actual disbursement of monies shall be made by the CITY. As may be requested by the CITY, the COUNTY may assist the CITY on a case by case basis, with an appeal as to relocation assistance benefits filed by an aggrieved displace. However, the CITY shall remain responsible for any appointment of a heanng officer, conducting hearings, maintaining records thereof, and rendering the final decision of the CITY. Property Management: Effective management of agency -controlled properties will be provided in the name of the CITY in conformity with departmental operating requirements. E. At the completion of the Task Assignment, the COUNTY will turn over to the CITY all records including appraisal and appraisal review reports, acquisition, relocation assistance, and property management records pertinent to the work performed by the COUNTY. III PAYMENT The COUNTY shall be paid by the CITY for completed work and for services rendered under this AGREEMENT and associated Task Assignments as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, and incidentals necessary to complete the work. The COUNTY acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The COUNTY shall be reimbursed in full by the CITY for its direct and related indirect costs accumulated in accordance with its current accounting procedures. B. Partial payments will be made by the CITY within 30 days of receipt of the billings from the COUNTY. Billings will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropriateness of any item and that at the time of final billing all required adjustments will be made. C. Upon termination of this AGREEMENT as provided in Section VI, the COUNTY shall be paid by the CITY for services rendered to the effective date of termination less all payments previously made. No payment shall be made by the CITY for any expense incurred or work done following the effective date of termination unless authorized, in wnting, by the CITY. D. Final payment of any balance due the COUNTY of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of such balance by the COUNTY and certification thereof to the CITY. IV LEGAL RELATIONS A. INDEMNIFICATION: Each of the parties to this AGREEMENT shall protect, defend, indemnify and save harmless the other party from and against all liabilities, penalties, costs, losses, damage, expenses, causes of action, claims, demands, or judgments, including without limitation, reasonable attorney's fees, arising out of or related to the terms, covenants or conditions of this AGREEMENT and such parties' performance or failure to perform any aspect of this AGREEMENT; provided, however, that if the claims or suits are caused by or result from the concurrent negligence of (a) the CITY, its agents or employees, and (b) the COUNTY, its agents or employees, including those actions covered by RCW 4.24.115, the obligations shall be valid and enforceable only to the extent of the parties' negligence; and provided further, that nothing herein shall require either party to hold harmless or defend the other party from any claim arising from the sole negligence of the other party. B. DISPUTE RESOLUTION: 1. The CITY and the COUNTY shall confer to resolve disputes that arise under this AGREEMENT as requested by either party. 2. The following individuals are the Designated Representatives for the purpose of resolving disputes that anse under this agreement: City Engineer, City of Yakima County Engineer, Yakima County 3. In the event the Designated Representatives are unable to resolve the dispute, the following individuals shall confer and resolve the dispute. City Manager, City of Yakima Public Services Director, Yakima County The CITY and the COUNTY agree that they shall have no right to seek relief in a court of law until and unless the Dispute Resolution process has been exhausted. C. VENUE: In the event that any party deems it necessary to institute legal action or proceedings to enforce any right or obligation under this AGREEMENT, the parties hereto agree that any such action or proceeding shall be brought in a court of competent jurisdiction situated in Yakima County, Washington. V NONDISCRIMINATION The COUNTY shall comply with Chapter 49.60 RCW and with Title VI of the Civil Rights Act of 1964, 42 USC -2000d et seq. With respect to the work to be performed by the COUNTY during the contract, the COUNTY shall not discriminate on the grounds of race, color, sex, sexual orientation, national origin, marital status, age, or the presence of any sensory, mental, or physical handicap in the selection and retention of agents, subcontractors or in the procurement of services or matenals, leases, or equipment. VI COMMENCEMENT AND TERMINATION OF AGREEMENT The work is of a contmumg nature and will be in force as of the date of this AGREEMENT. The COUNTY may terminate this AGREEMENT at any time upon not less than sixty (60) days written notice to the CITY with or without cause. The CITY may terminate this AGREEMENT or Task Assignment at any time provided that the CITY reimburses the COUNTY for all direct and indirect costs incurred to date. This AGREEMENT shall terminate five years from the date of execution hereof unless otherwise terminated or unless extended in writing signed by both parties. Upon termination of this AGREEMENT, the COUNTY will turn over to the CITY all records including appraisal and appraisal review reports, acquisition, relocation assistance, and property management records pertinent to the work performed by the COUNTY. IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT as of the date first above written. CITY OF YAKIMA BOARD OF COUNTY COMMISSIONERS d Elliott, Chairman J oci CtT CONiRAC(NO: _(0S RESOlUTtON NO' ATTEST: hey, Commissioner Christina Steiner Clerk of the Board 2///q/og Appr to Form: D - puty e utmg Attorney ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.' 12 For Meeting of: April 21, 2009 A Resolution authorizing the City Manager to execute an Interlocal Agency - Agreement with Yakima County, for the County to perform Right -Of -Way acquisition services for the City on Capital Improvement Projects. SUBMITTED BY: m R. Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: Doug Mayo, City Engineer 576-6678 Brett Sheffield, Chief Engineer 576-6797 SUMMARY EXPLANATION: Attached is a copy of a proposed Interlocal Agency Agreement between the City and Yakima County to have the County perform Right -Of -Way acquisition services for the City. The City administers many capital improvement projects each year, some of which require the acquisition of property for right-of- way purposes. Many of the projects that require the acquisition of right-of-way contain federal or state ®funds. The use of these funds requires that a certain protocol be followed. The County has individuals within its right-of-way division that are qualified to perform these tasks and know the steps that are required. In the past, the City has used consultants and/or staff to perform this work. At the present time, the City does not have staff dedicated for performing this work, since it is somewhat specialized and there is not enough work to keep a person busy full time. The County has acknowledged that they are willing to perform this work for:the City. Resolution X Ordinance Other (Specify) Contract_ Mail to (name and address): Phone: Funding Source: N/A APPROVED FOR SUBMITTAL: 4- City Manager STAFF RECOMMENDATION: Staff respectfully requests that the Council adopt this resolution authorizing the City Manager to execute this Interlocal Agency Agreement with the County. BOARD/COUNCIL/COMMISSION RECOMMENDATION: COUNCIL ACTION: