HomeMy WebLinkAboutR-2014-079 Firing Center Park & Ride Lot Expansion Appraisal Service Contract with Davis Appraisal Company YAKIMA TRANSIT
Appraisal Service Contract
THIS APPRAISAL SERVICE CONTRACT (hereinafter "Contract ") is made and entered
into by and between the City of Yakima, a Washington municipal corporation (hereinafter
"City "), and Davis Appraisal Company, a for - profit appraisal firm located in the City of Selah,
Washington (hereinafter "Contractor").
WHEREAS, Yakima Transit obtained a Washington State Regional Mobility Grant to
expand the Firing Center Park & Ride lot with WSDOT and Yakima County land as the required
grant matching funds and an appraisal is required to verify the property valuation.
WHEREAS, the City desires to enter into a contract for appraisal services consistent
with the grant requirements.
WHEREAS, Contractor has the experience and expertise necessary to perform the
services and after seeking a qualified appraiser, determined that Larry Davis, Davis Appraisal
Company, was the best choice among the alternatives.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and Contractor as follows:
1. Term. This Agreement shall commence upon execution of this agreement and shall
terminate when the services have been performed to the City of Yakima's satisfaction under
the scope of services, but not later than October 15, 2014, unless agreed to the contrary.
2. Scope of Services. Contractor shall provide the City with a standard commercial appraisal
report fully detailing the subject property generally described as a portion of Firing Center
Road right of way & State Route 82 right of way measuring approx. 40,471sf lying in the
Northeast 1/4 of the Northwest 1/4 of Section 29, Township 14 North, Range 19 E.W.M.,
lying west of the Roza Canal right of way, east of SR 82 and north of the Firing Center Road
and legally described as (see Exhibit A):
that part of the Northeast 1/4 of the Northwest 1/4 of Section 29, Township 14 North, Range 19
E.W.M., beginning at a point at the intersection of the Firing Center Road and the onramp to
northbound 1 -82, thence N28 °15'30 "E 336.873 feet; thence S61 °44'30 "E 45 feet to the North
corner thereof; thence S61 °44'30 "E 66.36 feet; thence S28 °15'30 "W 203.27 feet; thence
S13 °5'54 "E 102.966 feet; thence S49 °9 "16 "E 202.822 feet; thence S41 °41'42 "W 65.245 feet;
thence N49 °12'12 "W 283.548 feet; thence N23 °29'56 "W 56.175 feet, thence N28 °15'30 "E
291 782 feet to the Point of Beginning all located outside of the city of Yakima's corporate limits
within Yakima County, Washington.
The appraisal shall comply with the Uniform Standards of Professional Appraisal Practice
(USPAP) for a standard commercial appraisal report.
3. Compensation.
A. Compensation for Services. As consideration for the services performed pursuant to
this Agreement, the City agrees to compensate Contractor at the rate of two thousand
and five hundred dollars ($2,500.00) upon completion of a standard commercial
appraisal report under the terms and conditions contained within this Agreement.
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 1 of 6
B. Payment for Compensation. Contractor shall provide the City with an itemized
invoice /billing no later than thirty (30) calendar days from the date the appraisal is
delivered to the City of Yakima Public Works Director and satisfaction of the appraisal is
determined, which shall not unreasonably be delayed.
The City shall make payment to Contractor within thirty (30) calendar days upon receipt
of the invoice /billing. Said payment is expressly conditioned upon the Contractor
providing services hereunder which are satisfactory to the City.
C. Payment in the Event of Termination. In the event that the parties to this agreement
mutually terminate this Agreement prior to full performance of the terms and conditions
contained herein, Contractor shall not be reimbursed for any expenses associated with
this agreement.
4. Resolving Conflicting Language. Any inconsistencies or conflicts between the language
of this Agreement and the Proposal submitted by Contractor shall be resolved in the
following order: the language of this Agreement shall prevail over the language of the
Proposal.
5. Coordination of the Work. The property owners (Yakima County and WSDOT) are aware
that the appraisal is being done and the appraiser may contact the property owners without
obtaining written permission from the City of Yakima.
6. Independent Contractor Status of Contractor. Contractor and the City understand and
expressly agree that Contractor and its employees are independent contractors in the
performance of each and every part of this Agreement. Contractor, as an independent
contractor, assumes the entire responsibility for carrying out and accomplishing the services
required under this Agreement. Additionally, and as an independent contractor, Contractor
and its employees shall make no claim of City employment nor make any claim against the
City for any related employment benefits, social security, retirement benefits or benefits of
any kind that are normally an incident of employment. Nothing contained herein shall be
interpreted as creating a relationship of servant, employee, partnership or agency between
Contractor or any officer, employee or agent of Contractor and the City.
7. Taxes and Assessments. Contractor 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, Contractor shall pay the same
before it becomes due.
8. Compliance With Law. Contractor agrees to perform all 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. Contractor shall obtain all applicable and necessary licenses,
permits, and approvals of any federal, state, or local government/governmental authority.
9. Indemnification and Hold Harmless.
A. Contractor agrees to protect, defend, indemnify, exonerate, 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
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 2 of 6
•
judgments, awards, costs and expenses (including attorneys' fees and disbursements)
resulting from Contractor's performance and /or nonperformance of this Agreement.
B. In the event both the Contractor and the City are negligent, the Contractor's liability for
indemnification of the City shall be limited to the contributory negligence for any
resulting suits, actions, claims, liability, damages, judgments, costs, and expenses
(including reasonable attorney's fees) that can be apportioned to the Contractor, its
officers, employees, agents, and /or subcontractors.
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.
10. Delegation of Professional Services. The services provided for herein shall be performed
by Contractor, and no person other than regular associates or employees of Contractor
shall be engaged upon such work or services except upon prior written consent of the City,
which consent shall not be unreasonably withheld.
11. Assignment. This Agreement, or any interest herein, or claim hereunder, shall not be
assigned or transferred in whole or in part by Contractor 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 Contractor stated herein.
12. Program Fraud And False Or Fraudulent Statements And Related Acts.
A. The Contractor acknowledges that the provisions of the Program Fraud Civil Remedies
Act of 1986, as amended, 31 U.S.C. § 3801 et seq. and U S. DOT regulations,
"Program Fraud Civil Remedies," 49 CFR Part 31, apply to its actions pertaining to this
procurement. Upon execution of this Agreement, the Contractor certifies or affirms the
truthfulness and accuracy of any statement it has made, it makes, it may make, or
causes to be made, pertaining to this Agreement or the FTA assisted project for which
this Agreement is being performed.
B. The Contractor also acknowledges that if it makes, or causes to be made, a false,
fictitious, or fraudulent claim, statement, submission, or certification to the Federal
Government under a contract connected with a project that is financed in whole or in
part with federal assistance originally awarded by FTA under the authority of 49 USC
Part 53, the Government reserves the right to impose the penalties under 18 USC §
1001 "Fraud and False Statements" and the Program Fraud Civil Remedies Act of 1986
(31 USC §§ 3801 -3812) on the Contractor, to the extent the Federal Government deems
appropriate.
13. Property Rights. All records or papers of any sort relating to the City and to the project will
at all times be the property of the City and shall be surrendered to the City upon demand.
All information concerning the City and said project, which is not otherwise a matter of
public record or required by law to be made public, is confidential, and the Contractor will
not, in whole or part, now or at any time disclose that information without the express written
consent of the City
14. Contract Documents. This Agreement, addenda & modifications, and the Contractor's
proposal (to the extent consistent with Yakima Transit's documents) constitute the Contract
Documents and are complementary. Specific federal and state laws and the terms of this
Agreement, in that order respectively, supersede other inconsistent provisions. These
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 3 of 6
•
Contract Documents are on file in the Office of the Purchasing Manager, 129 N. 2nd St.,
Yakima, WA, 98901, and are hereby incorporated by reference into this Agreement.
15. Severability.
A. If a court of competent jurisdiction holds any part, term or provision of this Agreement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not
be affected, and the parties' rights and obligations shall be construed and enforced as if
the Agreement did not contain the particular provision held to be invalid.
B. If any provision of this Agreement is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and
null and void insofar as it may conflict, and this Agreement shall be deemed modified to
conform to such statutory provision.
16. Non - Waiver. A waiver by Contractor or City of a breach of any provision of this Agreement
by the other party shall not operate or be construed as a waiver of any subsequent breach
by either party or prevent either party from enforcing any such provision.
17. Termination.
A. Termination for Convenience. Yakima Transit may terminate this Agreement, in whole
or in part, at any time by written notice to the Contractor. The Contractor shall be paid
its costs, in accordance with the terms of this Agreement, up to the time of termination.
The Contractor shall promptly submit its termination claim to the City of Yakima
Purchasing Manager for final payment.
B. Termination for Default, Breach or Cause If the Contractor fails to perform in the
manner called for in this Agreement, or if the Contractor fails to comply with any other
provisions of this Agreement, Yakima Transit may terminate this Agreement for default.
Termination shall be effected by serving a notice of termination on the Contractor setting
forth the manner in which the Contractor is in default. The Contractor will only be paid
the Agreement price for goods delivered and accepted, or services performed in
accordance with the manner of performance set forth in this Agreement subject to setoff
for damages caused to Yakima Transit. If it is later determined by Yakima Transit that
the Contractor had an .excusable reason for not performing, such as a strike, fire, flood,
or events which are not the fault of or are beyond the control of the Contractor, Yakima
Transit, after setting up a new performance or delivery schedule, may allow the
Contractor to continue work, or treat the termination as a termination for convenience.
C. Opportunity to Cure. Yakima Transit in its sole discretion may, in the case of
termination for breach or default, allow the Contractor an appropriate period of time, as
determined by Yakima Transit, in which to cure the defect of goods or service. In such
case, the notice of termination will state the nature of the breach or default, the time
period in which cure is permitted and other appropriate conditions. If the Contractor fails
to remedy to Yakima Transit's satisfaction the breach or default of any of the terms,
covenants, or conditions of this Agreement within the stated period of time for remedy,
Yakima Transit shall have the right to terminate this Agreement without any further
obligation to the Contractor. Any such termination for default shall not in any way
operate to preclude Yakima Transit from also pursuing all available legal remedies
against the Contractor and its sureties for said breach or default.
D. Waiver of Remedies for any Breach. In the event that Yakima Transit elects to waive its
remedies for any Contractor breach of any covenant, term, or condition of this
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 4 of 6
•
Agreement, such waiver shall not limit Yakima Transit's legal remedies for any
succeeding breach of that or any other term, covenant, or condition of this Agreement.
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 CONTRACTOR:
Kevin Futrell, Transit Project Planner Larry Davis, Owner
City of Yakima Davis Appraisal Company
2301 Fruitvale Blvd. 103 South 10th Street
Yakima, WA 98902 Selah, WA 98942 -1231
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.
19. Survival. Any provision of this Agreement that 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.
20. Governing Law. This Agreement shall be governed by and construed in accordance with
the laws of the State of Washington.
21. Venue. The venue for any action to enforce or interpret this Agreement shall lie in the
Superior Court of Washington for Yakima County, Washington.
22. Authority. The person executing this Agreement on behalf of Contractor represents and
warrants that he /she has been fully authorized by Contractor to execute this Agreement on
its behalf and to legally bind Contractor to all the terms, performances and provisions of this
Agreement.
CITY 01 YAKIMA , CONTRACTOR
B :1 u By: . DO�? 9 tAd.
y To'O'Ro e, City Manager y Larry Davi ,Owner
/
Date: 1 3 at I Date: /// $/ l �f
A • ST:
' : = .J2 � i � Date:
Sonya C Tr Tee, City CI = r:
k> * :C7i
CITY CONTRACT c3
RESOLUTION N0 A
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 5 of 6
ti 1 NE 'i NW `A c' o 4000,110.1 4000,110.1 w a Mb + MUM&
i 1 1 SEC. D nu 1/110 i. , 10 RA HI ). $1 les
� t'iZG:i":i*ry13y 1•4s11 fta
E
E
3
S 61c � , ` , p • - END PROJECT
1- STA PR 5 +76.64 P.O.T. a •
1, STA FA 3 +35.59 (79.36' RT)
o
\ .....
c1 ,
* \ , t
• t • o j ec t a it; fn- f.
\'p 4 71 sG ,. , r� ,..1., cr.
N 't
• t x g Vt'. rtA771E
t� ,•' ` a K f) ws _Hart - - --
•
1 °''' ) � S 49° 9' 16" E 202 _ a'i
t a
R,`*r,t+wa3Pa, ta..2.1fSS"PS,
f'_wF:!, otr _ . O.. r . PR itNf Y .,'u ?a' IN -
i 4 /
PC M WZYr " "�• '4 ?K1A k S'flA . V . _ .. - - -- 11C "f2°'.R' -Mt tSi'3F7'l fn
19 to !ME i LA* pc tMry. N K Y ITI� `_'_�_�_�.
1 tX 14 1rSOWI QS .. ofar , z .i agar
Appraisal Service Contract - City of Yakima and Davis Appraisal Company 6 of 6