The URL can be used to link to this page

Home My WebLink AboutR-1991-D5935 Western Appraisers, Inc. / Shops• RESOLUTION NO. D5935 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute an agreement with Western Appraisers Inc. for professional ser- vices. WHEREAS, in connection with the Public Works Shops Com- plex space study, remodel, and expansion at 2301 Fruitvale Boulevard, it is necessary to engage professional services to conduct appraisals to determine fair market values; and WHEREAS, City staff has complied with the legal require- ments regarding bids for professional services; and WHEREAS, Western Appraisers Inc. have offered to perform those professional services in accordance with the provisions of the attached Personal Services Agreement; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima that the Personal Services Agreement be executed by the City, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute an agreement entitled "Personal Services Agreement" with Western Appraisers Inc., for the purpose mentioned above, a copy of which agree- ment is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this i day of one, , 1991. ATTEST: City Clerk (res/wstrn.rp) Qat14,5e,4 ayor PERSONAL SERVICES AGREEMENT THIS AGREEMENT, entered into this !O+i— day of June, 1991, between the CITY OF YAKIMA, DEPARTMENT OF PUBLIC WORKS, TRANSIT DIVISION, 2301 Fruitvale Boulevard, Yakima, Washington, 98902, hereinafter known as "CITY"; and WESTERN APPRAISERS INC., doing business as an independent contractor, at the address of The Tower, Suite 1020, 402 East Yakima Avenue, Yakima, Washington, 98901, hereinafter known as "CONTRACTOR". WHEREAS, the CITY requires appraisals of nine (9) parcels of land adjacent to the City of Yakima Public Works Shops facility located at 2301 Fruitvale Boulevard, Yakima, Washington; and WHEREAS, CONTRACTOR is willing to provide said appraisal services to the CITY, now, therefore, in consideration of the mutual covenants contained herein and other good and valuable consideration, the parties hereto agree as follows: 1. SERVICES PROVIDED BY CONTRACTOR. CONTRACTOR shall provide professional appraisal services to the CITY to determine the fair market value of the nine (9) parcels of land identified on Exhibit A, which is attached hereto and incorporated by reference herein. CONTRACTOR shall conduct a thorough and careful examination of all nine (9) parcels of land and prepare an appraisal report for each parcel of land that is certifiable by the Washington State Depart- ment of Transportation. The services by CONTRACTOR shall include, but not be limited to, the following: the submitted final apprais- al report must include all exhibits, must described the methodology and/or approach for determining the fair market property values, must set forth a complete legal description of each property, and must contain a detailed analysis of the data which provides the reasoning underlying the conclusions reached by the appraiser in determining the fair market value of each of the nine (9) parcels of land. 2. TERM OF AGREEMENT. CONTRACTOR shall begin work on June 10, 1991 and complete the appraisal services specified in Section 1 of this agreement on or before July 31, 1991. CONTRACTOR shall make whatever time investments are necessary for the full completion of the services prior to July 31, 1991, including the submission of all final appraisal reports and other related documents. 3. CONSIDERATION. In consideration the consulting services to be provided as set forth in Section 1 above and CONTRACTOR'S perform- ance of all other terms and conditions of this agreement, CITY agrees to pay CONTRACTOR a total amount not to exceed Six Thousand Dollars ($6,000.00). Payment shall be made in two (2) install- ments. A payment of Three Thousand Five Hundred Dollars ($3,500.00) shall be made within thirty (30) days after delivery of three (3) bound copies and one (1) unbound copy of the final ap- praisal report together with all related documents. The remaining Two Thousand Five Hundred Dollars ($2,500.00) shall be paid to - 1 - (agr/prsnlsrv.rp) CONTRACTOR upon receipt of a Review Appraiser's Certification on all of the nine (9) parcels from the Washington State Department of Transportation. 4. INDEPENDENT CONTRACTOR. It is agreed and understood that CONTRACTOR is an independent contractor, and none of CONTRACTOR'S employees shall be considered an employee of the CITY. CONTRACTOR and CONTRACTOR'S employees shall make no claim of CITY employment or claim any related employment benefits from the CITY, including but not limited to, medical benefits, social security, and retire- ment. CONTRACTOR'S employees shall not be subject to the control or direction of CITY officers or CITY employees. CONTRACTOR shall protect, defend, indemnify, and hold the CITY, its agents, and employees harmless from and against any damages or costs incurred by the CITY as a result of any claim for employee status. 5. NON-DISCRIMINATION IN EMPLOYMENT. A. The City of Yakima Transit Division is an equal opportuni- ty employer. B. The CONTRACTOR agrees that they shall not discriminate against any employee or applicant on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap; provided, that the prohibition against discrimination in employment because of a handicap shall not apply if the particular disability prevents the property performance of the specified work involved. The CONTRACTOR shall insure that all qualified applicants are employed and, that employees are treated during employment, without discrim- ination because of their race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. Such action shall include but not be limited to: employment, upgrading, demotion or transfer; recruit- ment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and programs for training including apprenticeships. The CONTRACTOR shall take such action with respect to this agreement as may be required to ensure full compliance with RCW Chapter 49.60. 6. NON-DISCRIMINATION IN SERVICES. A. The CONTRACTOR shall not, on the grounds of race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap: 1. Deny any individual any service(s) or other benefits provided under this agreement; - 1 - (agr/prsnlsrv.rp) 2. Provide any service(s) or other benefits to an individual which are different or provided in a different manner, from those provided to others under this agreement; 3. Subject any individual to segregation or separate treat- ment in any manner related to his receipt of any ser- vice(s) or other benefits provided under this agreement; 4. Deny any individual the opportunity to participate in any program provided by this agreement through the provision of service(s) or otherwise, or will afford them an oppor- tunity to do so which is different from that afforded others under this agreement; 5. The CONTRACTOR, in determining: (a) the type of ser- vice(s) or other benefits to be provided, or (b) the class of individuals to whom, or the situation in which, such service(s) or other benefits will be provided, or (c) the class of individuals to be afforded an opportuni- ty to participate in any service(s) or other benefits will not utilize any criteria or methods of administra- tion which have the effect of subjecting individuals to discrimination because of their race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap nor have the effect of defeating or substantially im- pairing accomplishment of the objectives of this agree- ment in respect to individuals of a particular race, creed, color, religion, national origin, sex, marital status, age, or the presence of any sensory, mental, or physical handicap. 7. INTEGRATION. This written document constitutes the entire and exclusive agreement between the parties hereto. No other under- standings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or to bind any of the parties hereto. 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. 8. ASSIGNMENT. CONTRACTOR shall not assign this agreement to any other person or entity without the prior written consent of the CITY. In the event that such prior written consent to an assign- ment is granted, then the assignee shall assume all duties, obliga- tions, and liabilities of CONTRACTOR. 9. LITIGATION. In the event that any suit or action is insti- tuted by either party to enforce compliance with or interpret any of the terms, covenants, or conditions of this agreements, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as rea- sonable attorney fees. The venue for any action to enforce or interpret this agreement shall lie in the Superior Court of Wash- ington for Yakima County, Washington. - 3 - (agr/prsnlsrv.rp) IN WITNESS WHEREOF the parties have executed this agreement the day and year first above written. ATTEST: CITY OF YAKIMA Ket z,..., e,,,-eL By: City Clerk chard A. Za4s, Jr. City Manager CITY CONTRACT N0. (agr/prsnlsrv.rp) WESTERN APPRAISERS INC. 4 / ' er,! iris 13440 1,5411= 13437 13436 04,51 13430 13044 W J S 13044 13044 42004 13403 13404 w 13402 13401 �, z 13400 42403 42402 42401 42400 w Q 13'= Yakima 13420 Vicinity 13Map For: PUBLIC-WRKS 13421 13422 13423 13424 42434 42435 42437 42 42438 42439 42002 FUUITVALE 3L VD 42034 TOogrljht aty of Yokbao Trhhtilm 1991 Createck May .30, 1991 Exhibit A Seale - 1 : 150 75 150 225