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HomeMy WebLinkAboutR-1991-D5884 Right-of-Way Agreement1 • • RESOLUTION NO. D-5884 A RESOLUTION authorizing the execution of an agreement for consulting services for the widening and im- proving of the intersection of South 32nd Avenue and Tieton Drive. WHEREAS, on July 18, 1989, the Yakima City Council ap- proved the rehabilitation project for the widening and im- provement of the intersection of South 32nd Avenue and Tieton Drive, and WHEREAS, the City has Public Works Trust Fund monies appropriated for this project which necessitate that the project be implemented during the 1991 construction season, and WHEREAS, the rehabilitation project requires the acquisi- tion of right-of-way; and WHEREAS, the City of Yakima Engineering Division adver- tised a request for proposals for right-of-way acquisition services, to include appraisal and negotiating services; and WHEREAS, the J. L. Haney Appraisal Company is willing to provide the necessary consulting services to the City of Yakima in order to acquire the necessary right-of-way; and WHEREAS, the City Council deems it to be.in the best interest of the City of Yakima to enter into the attached agreement for services, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated contract entitled "Agreement for Services" with J. L. Haney Appraisal Company of Yakima, Washington. (res/32&ttn.rp) ADOPTED BY THE CITY COUNCIL this 5th day of March 1991. ATTEST: City Clerk 2 (res/32&ttn.rp) Mayor AGREEMENT FOR SERVICES This Agreement is executed this � day of --\\`��.L N, , between the City of Yakima, hereinafter referred to as "CITY" and J. L. Haney Appraisal Co., referred to as "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 32nd Avenue and Tieton Drive, and 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 convenants contained herein, the parties agree as follows: I. SCOPE OF SERVICES The CONSULTANT shall commence the following schedule of tasks upon receipt of written authorization from the CITY for each task: Task 1: Provide appraisals of up to 9 parcels of property identified on Exhibit A and in accordance with procedures defined and referenced in this agreement, and the Local Agency Guidelines Manual, Washington State Department of Transportation, which by reference is made a part of this agreement. Task 2: Provide negotiation and acquisition services for up to 9 parcels identified on Exhibit A and in accordance with procedures defined and referenced in this Agreement, and the Local Agency Guidelines Manual. Task 3: Provide project management services except condemnation proceedings as required to coordinate and report the accomplishment of the other tasks of this agreement. Task 4: Provide title reports. for the 9 parcels of property identified on Exhibit A. 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. II. DESCRIPTION of CONSULTANT OBLIGATIONS In performing the tasks set forth in Section I of this agreement, the following items shall be the obligations of the CONSULTANT: A. The CONSULTANT shall make no less than three (3) personal contacts, if needed, with each property owner to acquire valid title to the needed rights of way. Eng. & Util. ENGRI Q 1 B . The CONSULTANT shall 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 amount of the offer made. C. The CONSULTANT shall perform negotiations only to the limits delineated by the title reports, project maps, determination of fair market value, the Local Agency Guidelines Manual and written instructions by the CITY. D. The CONSULTANT shall 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. E. The CONSULTANT shall 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. F. The CONSULTANT shall make available for inspection and audit all records regarding performance of this Agreement to the CITY and the State any any time during the term of this Agreement and for a period of three (3) years from the date of final payment. III. DESCRIPTION OF CITY OBLIGATIONS To aid the CONSULTANT in performing the task as set forth in this agreement the following items shall be the obligations of the CITY: A. The CITY shall provide all special instructions in writing to the CONSULTANT, 1 -it —reports, 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. B . The CITY shall provide final decisions in writing, to the CONSULTANT, on any question not covered by item "A" above. C. The CITY shall review and shall and 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. D. The CITY shall be responsible for the filing of any condemnation proceedings. E. The CITY shall be responsible for the closing and recording of all instruments and conveyance and payments to the property owners. Eng. & Util. ENGRI Q 2 IV. PAYMENT With reference to the tasks defined in Section I 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) Maximum - Full narrative appraisal for 9 parcels. Parcels 181323-33023 & 181323-11498 at $3,500 per parcel and, 7 parcels at $1,750 per parcel $7,000.00 $12,250.00 B) Minimum - Strip appraisal for 9 parcels at $1,000 per parcel 9,000.00 C) Estimated - Full narrative appraisal for Parcels 181323-33023 & 181323-11498 at $3,500 per parcel and, 7,000.00 Strip appraisal for other 7 parcels at $1,000 each per parcel 7,000.00 Task 2: $600 per separate ownership of 9 parcels 5,400.00 Task 3: $50.00 per hour for services, including evaluation and conferences to a maximum of $1,200.00 Task 4: Reimbursement for title reports ordered by Haney Appraisal Company to a maximum of $165.00 per parcel for 9 parcels. $1,495.00 The Total for the Agreement: Maximum - Tasks 1A, 2, 3 & 4 $22,335.00 Minimum - Tasks 1B, 2, 3 & 4 $17,085.00 Estimated - Tasks 1C, 2, 3 & 4 $22,085.00 Except when authorized in advance in writing, the CONSULTANT shall not be entitled to payment in excess of the maximum amounts set forth above for any task. The agreement total shall not be exceeded without express written authorization by the City of Yakima's governing body. V. NON -DELEGATION The services to be furnished under the terms of this agreement shall be performed by the CONSULTANT personally and shall not be delegated or subcontracted in whole or in part without the express written consent of the CITY. Eng. & Util. ENGRI 0 3 VI. SOLICITATION OF CONTRACT The CONSULTANT warrants that it has not employed or retained any company or person to solicit or secure this contract, and that it has not paid or agreed to pay any company or person any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award or making of this contract. For breach of violation of this warranty, the CITY shall have the right to annul this contract without liability. VII. INDEMNITY The CONSULTANT does hereby release and agree to protect, defend, indemnify, and hold the CITY harmless from and against any and all causes of action, suits at law or equity or claims or demands and from loss of any nature arising out of or relating to the performance of the terms of this agreement on the part of the CONSULTANT. VIII. NONDISCRIMINATION During the performance of this contract, the CONSULTANT for itself, its assignees and successors in interest (hereinafter referred to as the "CONSULTANT") agrees as follows: 1) Compliance with Regulations: The Consultant shall comply with the Regulations relative to nondiscrimination in Federally -assisted programs of the Department of Transportation, Title 49, Code of Federal Regulations, Part 21, as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this contract. 2) Nondiscrimination: The CONSULTANT, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractor, including procurements of materials and leases of equipment. The CONSULTANT shall not participate either directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the contract covers a program set forth in Appendix B of the Regulations. 3) Solicitations for Subcontracts, including Procurements of Material and Equipment: In all solicitations either by competitive bidding or negotiation made by the CONSULTANT for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the CONSULTANT of the CONSULTANT'S obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. 4) Information and Reports: The CONSULTANT shall provide all information and reports required by the Regulations, or directive issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the CITY to be pertinent to ascertain compliance with such Regulations or directives. Where any information required of a CONSULTANT is in the exclusive Eng. & Util. ENGRI Q 4 possession of another who fails or refuses to furnish this information, the CONSULTANT shall so certify as appropriate, and shall set forth what efforts it has made to obtain the information. (5) Sanctions Q Noncompliance: In the event of the CONSULTANT'S noncompliance with the nondiscrimination provisions of this contract, the CITY shall impose such contract sanctions as it may determine to be appropriate, including but not limited to: a) withholding of payments to the CONSULTANT under the contract until the CONSULTANT complies, and/or b) cancellation, termination or suspension of contract in whole or in part. 6) Incorporation of Provisions: The CONSULTANT shall include the provisions of paragraphs (1) through (6) in every subcontract; including procurements of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The CONSULTANT shall take such action with respect to any subcontract or procurement as the CITY may direct as a means of enforcing such provisions including sanctions for noncompliance: Provided, however, that in the event a CONSULTANT becomes involved in, or is threatened with, litigation with a subcontractor or supplier as a result of such direction, the CONSULTANT shall notify the CITY immediately of such litigation. IX. CONTENT AND UNDERSTANDING This agreement contains the complete and integrated understanding and agreement between the parties and supersedes any understanding, agreement or negotiation whether oral or written not set forth herein or in written amendments hereto duly executed by both parties. X. ATTORNEY'S FEES If the CITY brings any action or suit relating to the enforcement of this agreement or asking for any relief against CONSULTANT, declaratory or otherwise, arising out of this agreement or if CONSULTANT brings any action or suit against the CITY, declaratory or otherwise, arising out of this agreement, then the prevailing party in any of these events shall be paid its reasonable attorney's fees, costs and expenses incurred in connection with any such suit or action. XI. INDEPENDENT CONTRACTOR The parties intend that CONSULTANT shall at all times be an independent contractor and not an employee of the CITY, and shall not be entitled to compensation or benefits of any kind except as specifically provided for herein. XII. NOTICES Any notice given by either party to the other hereunder shall be served, by delivery in person, to the office of the representative authorized and designated in writing to act for the respective party, or if deposited in the mail, properly stamped with the required postage and addressed to the office of such representative as indicated in this Agreement. Either party hereto shall have the right to change any representative or address it may have given to the other party by giving such other party notice in writing of such change. Eng. & Util. ENGRI Q 5 XIII. CONFLICT OF INTEREST The CONSULTANT hereby affirms that it or any of its officers or employees has no present or contemplated future personal interest in the property which is the subject matter of this agreement. XIV. TIME OF COMPLETION The CONSULTANT shall not begin work under the terms of this agreement until authorized in writing for each task defined in Section 1 by the CITY. The time required, in calendar days, for completion of all work under this Agreement shall be 90 calendar days following written authorization to begin. 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. XV. CHANGES In the event the CITY makes changes in the scope of this Agreement, it shall do so by giving notice to the CONSULTANT in writing. 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. No change by the CONSULTANT shall be recognized without written approval by the CITY. IN WITNESS WHEREOF, the parties have hereunto set their hands on the day and year first written above. ATIEST: COF By Richard A. City Manager Karen S. Roberts City Clerk WITNESSES ad_d ais, Jr. cm/ COM+,6T ;:c: %1-f 1 -SSj' 41 (SEAL) J.L. HANEY APPRAISAL CO. J4,mes L. Haney, Owner. resident Eng. & Util. ENGRI C2 6 Parcel # 1. 181322-44036 2. 181322-44048 3. 181323-33023 4. 181323-33024 5. 181326-22006 6. 181326-22007 7. 181326-22008 8. 181327-11497 9. 181327-11498 EXHIBIT 'A' PARCELS BY OWNERSHIP Owner Ronald A. Krous Nancy McKinley Schmahl Robert L. & Gayle Johnson Valley Osteopathic Assn. Inc. Stig & Marianne Mareld Robert W. Adkinson Gerald L. Crone Harry & Marjorie Smyth Larry S. & Judith C. Lefors 1- M 44407 3 8 HOME • DRIVE 44406 7 44405 53008 ., 33007 19•24 .r 117 44428 44429 44430 44434 19 33468 ? 3 33471 1 33474 6' 13 33479 STREET 44441 f 44439 5 33469• 3 33447 1? 33478 NES 71 33!77 , 334 44009 19 470 44011 44046 44040 25 /11 44442 44505 .4445 9 DUCK 44436 2 44447 44462 13 44461 12 44460 t 11. HEYDUCK 44037 .30 c .,, f 44014 1 46 •1 44042 I 44013 C 44041 44 23 23 33009 21 33012 t0 7 33044 21 rti►r 6 33049 2: 44435 ..7s.or 44448 12 10 NO. 44459 4.458 9 44025 19 y 44033 33 DRIVE 4a437 w 144 • :1463 14Z' _Tr' 11462 2 11464 am g 140" 11465 4 11466 "v L :1467 6 11468 '1469 8 ,1470 11472 11471 11473 10 12 11474 _ D 11475 14 SC. 44024 24 ?► 7d TIETON DRIVE 14 33486 SCALE: 1" -Zoo' C/ry' dF Y4-A<'/M.49- EX//8/7 45 10( '00 11422 11410 21016, 19 I cl 5 2242: • 22009 30 9 22506 6 L 22502 1:418 '1407 C 10 22505 5 EYM 11002 144 22501 1 22425 a 22504 4 w 22508 6 Tr 1'1 22503 3 22441 \ 16 a ti 11415 \ \ 11495 22440 7C, 2243 VOLTAIRE AVE. 22401 22400 ,^0- 1405 11004 22 11003 5G .,22442 38 35 . rs 22402 22403 22404 22405 BEAUTY 22443 22447 22444 43 458 11457 11456 22406 22407 22412 22413 22446 w4 -a 4 TER 22408 22409 ' -i 224(0 22411 22445 11009 67 93 11007 30 4.. 1 /f •••• 1 11435 11423 r5 0 co ? 11436 11424 :6 3 11437 11425 17 4 '1436 11426 19 5 /9 11439 - '1427 6 D I.4 . 140' C/ry' dF Y4-A<'/M.49- EX//8/7 45 10( '00 11422 11410 21016, 19 I cl 5 2242: • 22009 30 9 22506 6 L 22502 1:418 '1407 C 10 22505 5 EYM 11002 144 22501 1 22425 a 22504 4 w 22508 6 Tr 1'1 22503 3 22441 \ 16 a ti 11415 \ \ 11495 22440 7C, 2243 VOLTAIRE AVE. 22401 22400 ,^0- 1405 11004 22 11003 5G .,22442 38 35 . rs 22402 22403 22404 22405 BEAUTY 22443 22447 22444 43 458 11457 11456 22406 22407 22412 22413 22446 w4 -a 4 TER 22408 22409 ' -i 224(0 22411 22445