HomeMy WebLinkAboutR-1991-D5884 Right-of-Way Agreement1
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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.
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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.
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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.
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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
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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.
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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.
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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
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