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4846
UNIVERSAL FIELD SERVICES INC
Consultant - ROW Acquisition - 11th St & Warren Ave
Engineering
LEG 12--1
08/03/2009
08/31/2010
08/01/2010
STPUS-0303010
CDnsultant Agreement
'Dr NegDtiatiDn Services
Federal Aid No. STPUS-0303010
CONSULTANT AGREEMENT FOR NEGOTIATION SERVICES
THIS AGREEMENT, made and entered into on this .~ J day of~.I t u,~) ,2009, by and
between the CITY of BREMER TON, Washington, hereinafter called the"~ ENCY", and the consulting
fIrm of UNIVERSAL FIELD SERVICES, INC._whose address is III Main Street, #105; Edmonds, WA
98020, the location in Washington State at which work will be available for inspection, hereinafter called
the "CONSULTANT".
WHEREAS, the AGENCY has not suffIcient qualifIed employees to accomplish the Right-of-Way
Acquisition and Relocation Services on this proposed contract and the AGENCY deems it advisable and is
desirous of engaging the professional services and assistance of a qualifIed consulting fIrm to provide the
necessary acquisition services, and
WHEREAS, the CONSULTANT has indicated that he desires to do the work set forth in the Agreement
upon the terms and conditions set forth herein.
NOT, THEREFORE, in consideration of the terms, conditions, covenants, and performances contained
herein below, the parties hereto agree as follows:
I PROJECT IDENTIFICATION
The project is entitled: SR 303 Corridor: 11th Street at Warren Avenue.
The property is located in: Section 14. Township 24 North. Range 1 East. W.M.. City ofBremerton. Kitsap
County. Washington State (Section, Township, and Range).
The project consists of fIve parcel(s) of real property to be acquired for highway purposes, and as shown in
Table A below and the AGENCY right-of-way plans which is made reference to and made a part of this
contract. Right of Way plans have not been provided the Consultant to date.
i,", ' ( ",0 ',~ TABLE A ';';i. : ,
Rights to be Acquired Relocation
No. Tax Pel No. Owner Full Fee Partial Fee
1 38040080010 1 03 Lott X T.O. / L.L.
2 38040080010400 Krueger X T.O. / L.L.
3 38040080010301 Pickard X T.O. / L.L.
4 38040080010004 Blevins X 0.0.
5 37540000170102 Dingle X None
T.O. (Tenant Occupied), 0.0. (Owner Occupied), L.L. (Landlord)
II SCOPE OF WORK
The CONSULTANT shall acquire on behalf of the AGENCY the real property referenced in Section I of
this Agreement, using procedures specifIed by the AGENCY and in accordance with the Washington
State Department of Transportation Right-af-Way Manual, which by this reference is made a part of
this Agreement.
The service rendered by the CONSULTANT shall be as follows:
A. PROJECT FUNDING ESTIMATE (PFE), APPRAISAL and APPRAISAL REVIEWS:
The CONSULTANT shall furnish a PFE, Appraisals and Appraisal Reviews when appropriate on all
parcels in the project to the AGENCY. The PFE and Appraisals will conform to the forms shown in
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LOCAL AGENCY GUIDELINES MANUAL, WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION which by reference is made a part of this Agreement.
B. ACQUISITION:
Upon notification and receipt of Determination of Value from the AGENCY, the CONSULTANT will
commence negotiations. If it becomes apparent that negotiations have reached an impasse and
sufficient time has passed for the property owner to make a settlement decision, and then the
CONSULTANT shall provide the AGENCY with written notification. The filing of condemnation
proceedings shall be the responsibility ofthe AGENCY.
Upon completion of negotiations with property owners and clearing of all lien encumbrances, the
CONSULTANT shall transmit to the AGENCY all instruments, including payment vouchers, for their
acceptance or rejection. The recording of instruments and payment to property owner will be the
responsibility of the AGENCY.
C. RELOCATION ASSISTANCE:
The CONSULTANT will provide relocation assistance services to all displacees on the project in
accordance with state and federal standards, and as directed by the AGENCY.
III OBLIGATIONS OF CONSULTANT
A. CONSULTANT shall prepare all documents necessary to convey to the AGENCY, valid title to the
needed rights-of-way and report the results of negotiations, working time and business expense on the
project.
B. CONSULTANT shall assure that no less than three personal contacts are made with each interested
party (owner) in order to acquire valid title to needed property rights as shown on the project map or as
instructed in writing by the AGENCY.
C. CONSULTANT shall on the first (but no later than the second) contact explain the AGENCY's offer
orally and in writing and request execution of appropriate conveyance by the owner to the AGENCY
of needed rights-of-way in consideration of the amount of the offer made.
D . CONSULTANT shall assure that negotiations shall be performed only to the limit of authority
delineated by the title reports, project maps, determination of fair market value, manual of procedures,
acquisition schedule, or written instructions issued by the AGENCY.
E. CONSULTANT shall assure that a complete, legible diary of each contact to include the time, place,
amount of offer, to whom offer was made, all parties present, and owner's response in a form furnished
by the AGENCY and to be returned to the AGENCY for permanent records.
F . CONSULTANT shall attempt to obtain release of all liens of encumbrances necessary to vest valid
title to required property rights of the AGENCY, however, such liens or encumbrances that cannot be
released, the CONSULTANT shall notify the AGENCY in writing for instructions.
G. CONSULTANT on or before project cut-off date shall furnish transmittal of diary, miscellaneous
correspondence, vouchers, and valid conveyances pursuant to all negotiated transactions or written
recommendations pursuant to future negotiations in those cases where settlement failed. All work
shall be submitted as completed to the AGENCY for acceptance or rejections.
H. CONSULTANT shall provide relocation assistance to persons or businesses that will be displaced,
computing relocation benefits, monitoring progress of individual relocations, and work within the
requirements ofthe Uniform Relocation Assistance and Real Property Acquisition Policies Act.
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I. CONSULTANT shall work such days and hours as may be necessary to meet with interested property
owners that may not be available during regular working days or hours.
J. CONSULTANT shall abide by decisions made by the AGENCY on questions concerning acceptability
of work performed on the project. All decisions made by the AGENCY are final.
K. CONSULTANT shall correct any deficient work performed by him or his employees on the project
and deliver corrected work to the AGENCY at his own expense. Corrected work shall be delivered to
the AGENCY within 14 days from the date of request.
L. CONSULTANT shall remove any employee from assignment to this project immediately upon written
request by the AGENCY.
M. The CONSULTANT agrees to make available for inspection and audit all records of this Agreement to
the Agency, state, and federal governments at any time during the term of this Agreement and for a
period of three years from the date of fmal payment.
N. CONSULTANT shall be available for consultation with AGENCY, state and federal representatives
after said completion of this Agreement should the need arise. Said consultation shall be a part of this
Agreement if it has to do with explanation of costs and settlement and be of no further cost to the
AGENCY.
IV OBLIGA nONS OF AGENCY
A. AGENCY shall furnish applicable manuals of procedures, appropriate policy directives concerning
procedures or expense reimbursement, deviating instructions in writing, acquisition schedule, title
reports, right of way staking, approved determinations of fair market value, right of way plans, project
maps, engineering data, all printed forms for conveyancing or reporting negotiated transactions or
recommendations according to AGENCY procedures.
(If any of the above are to be a part of CONSULTANTS obligations then remove.)
B. The AGENCY shall furnish final decisions in writing on questions not covered by the above material.
C. The AGENCY shall review and accept (approved) or reject any work performed by the
CONSULTANT on the project in ten (10) days or less from the date of receipt by the AGENCY.
D. Designate the Title / Escrow company to be used for this project and order title reports for each parcel.
Direct payment to the Title / Escrow company of each title report and or escrow services provided.
E. Legal descriptions for all real property rights to be acquired.
F. Review and approval of all relocation entitlements prior to presentation to the displacees.
G. Payment of any and all compensation payments to property owners, recording fees, relocation
payments, legal services and any incidental costs which may arise necessary to complete each
transaction.
H. Send introduction letters to property owners as necessary.
I. If available, any pertinent correspondence, contact and diary information with property owners to date
as well as ongoing contacts throughout the project.
1. Proper notification to property owners according to Substitute House Bill 1458. A legislative act
relating to adequate notice to property owners regarding acquisition of property for public purposes
through the exercise of eminent domain.
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K. Ensure all "Hardship / Early Acquisition" requirements are met (WSDOT ROW Manual 6-12.4 and 23
CFR 710.503). Includes notification to property owners requesting "Hardship / Early Acquisitions" to
submit a written request to the CITY with justification supporting such request. Request should be on
the basis of health, safety, or fmancial reasons and state their inability to sell the property because of
the impending project at fair market value. UPS will assist the CITY including coordination with
WSDOT's Local Agency Coordinator.
V COMPENSA nON
A. The CONSULTANT shall be paid on a (day/mo) basis for work satisfactorily completed based upon
the following specified rates and such rates will be applicable throughout the life of the Agreement.
Quality Assurance
Project Manager
Acquisition Specialist
Relocation Specialist
Senior Administrative Specialist
Appraiser
Appraiser
Review Appraiser
Meals and Lodging
per diem expense.
Travel
Mileage (automobile)
Miscellaneous
long distance phone costs, etc.
$ 87.14 per hr
$ 83.95 per hr
$ 72.50 per hr
$ 72.50 per hr
$ 55.33 per hr
$ 5,500 Project Funding Estimate - 1 each
$ 3,750 per parcel
$ 800 per parcel
Actual expense not to exceed State of Washington's
As authorized by Agency in writing.
$ 0.550 per mile for on job costs
Actual expense, such as parking, ferry charges, photo copy costs,
B. The CONSULTANT shall on or before the first day of each month, invoice the AGENCY for services
rendered during the previous month identifying the project, parcels worked on, and days worked.
CONSULTANT will also provide a written progress report on this project on a monthly basis.
C. The total reimbursement of compensation and expenses for services under provisions of this
Agreement is estimated to be: $102,891. The amount shall not be exceeded without execution of an
amendment to this Agreement.
Reimbursement is based on the following:
Research/Review Ownership Information $
Prepare and Deliver Formal Offer Letters $
Negotiation Labor $
Project Funding Estimate (PFE) $
Appraisal $
Appraisal Review $
Relocation Services $
Processing $
Prepare Conveyance Documents $
Misc. Meetings and Progress Reports $
TOTAL $
800.00
1,600.00
24,991.00
5,500.00
15,000.00
3,200.00
44,800.00
1,200.00
900.00
4,900.00
102,891.00
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VI TIME OF BEGINNING AND COMPLETION
A. The CONSULTANT shall not begin work under the terms of this Agreement until authorized in
writing by the AGENCY. The time required, in calendar days, for completion of all work under this
Agreement shall be 365 days following written authorization begins.
Established completion time shall not be extended because of any unwarranted delays attributable to
the CONSULTANT, but may be extended by the AGENCY or because of unavoidable delays caused
by an act of God or governmental actions or other conditions beyond the control of the
CONSULTANT.
B. Upon completion ofthis Agreement all documents and records shall be turned over to the AGENCY.
VII AMENDMENTS AND REVISIONS
Should the AGENCY make changes within the scope of this Agreement by giving notice to
CONSULTANT and subsequently confIrming such changes in writing. If such changes affect the cost
of or the time required for performance of this Agreement, an appropriate adjustment shall be made.
No change by CONSULTANT shall be recognized without written approval by the AGENCY.
Nothing in this article shall excuse CONSULTANT from proceeding with performance of the
Agreement as changed hereunder. All changes shall be submitted as an amendment to the basic
Agreement and approved by the State of Washington, Department of Transportation, before the work
is undertaken in order to become eligible for federal participation.
VIII ASSIGNMENT OF AGREEMENT
CONSULTANT shall not assign this Agreement in whole or in part, nor shall CONSULTANT
subcontract any of the work to be performed herein without the prior written consent of the AGENCY.
IX TERMINATION OF CONTRACT
A. Agency may terminate this contract by notifying CONSULTANT 14 days in advance of termination in
writing by CertifIed Mail of its intentions so to do at any time and for any reason whatsoever. In the
event of such termination, AGENCY shall be obligated to reimburse CONSULTANT for services
performed and expenses incurred to date of termination at the rates set forth under Article V herein,
less prior interim payments, if any. Upon payment of such sums, AGENCY shall be discharged from
all liability to the CONSULTANT hereunder and this Agreement shall be considered terminated unless
extended in. writing by mutual agreement between parties hereto.
B. Upon termination of contract under Paragraph A above, all documents, records, and fIle materials shall
be turned over to the AGENCY by the CONSULTANT.
C. All services to be rendered under this contract shall be subject to direction and approval of the
AGENCY.
X EMPLOYMENT
The CONSULTANT warrants that he had not employed or retained any company or person, other than
a bona fIde employee working solely for the CONSULTANT, to solicit or secure this Agreement and
that he has not paid or agreed to pay any company or person, other than a bona fIde employee working
solely for the CONSULTANT, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration, contingent upon or resulting from the award or making ofthis contract. For breach or
violation of this warranty, the AGENCY shall have the right to annul this Agreement without liability
or, in its discretion, to deduct from the Agreement price or consideration or otherwise recover, the full
amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee.
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Any and all employees of the CONSULTANT, while engaged in the performance of any work or
services required by the CONSULTANT under this Agreement, shall be considered employees of the
CONSULTANT only and not of the AGENCY and any and all claims that mayor might arise under
the Workman's Compensation Act on behalf of said employees, while so engaged and any and all
claims made by a third party as a consequence of any negligent act or omission on the part of the
CONSULTANT's employees, while so engaged on any of the work or services provided to be
rendered herein, shall be the sole obligation and responsibility of the CONSULTANT.
The CONSULTANT shall not engage, on a full or part-time basis, or other basis, during the period of
the Agreement, any professional or technical personnel who are, or have been at any time during the
period of this Agreement, in the employ of the FHW A, state or AGENCY, except regularly retired
employees, without written consent of the public employer of such person.
If during the time period of this Agreement, the CONSULTANT finds it necessary to increase his
professional, technical or clerical staff as a result of this work, he will actively solicit minorities
through his advertisement and interview process.
During the performance of this Agreement, the CONSULTANT, for itself, its assignees and successors
in interest, hereinafterreferred to as the CONSULTANT, agrees as follows:
A. COMPLIANCE WITH REGULATIONS: The CONSULTANT will comply with the regulation of the
Department of Transportation relative to nondiscrimination in federally-assisted programs of the
Department of Transportation Title 49, Code of Federal Regulations, Part 21, hereinafter referred to as
the Regulations, which are herein incorporated by reference and made a part of the Agreement.
B. NONDISCRIMINATION: The CONSULTANT, with regard to the work performed by it, will not
discriminate on the grounds of race, religion, color, national origin, or sex in the selection and retention
of subcontractors, including procurements of materials and leases of equipment. The CONSULTANT
will 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 A-II of the Regulations.
C. SOLICITATION FOR SUBCONTRACTORS, INCLUDING PROCUREMENTS OF MATERIALS
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
equipment, each potential subcontractor or supplier shall be notified by the CONSULTANT of the
CONSULTANT obligations under this contract and the Regulations relative to nondiscrimination on
the ground of race, religion, color, national origin, or sex.
D. INFORMATION AND REPORTS: The CONSULTANT will provide all information and reports
required by the Regulations, or orders and instructions issued pursuant thereto and will permit access
to its books, records, accounts, other sources of information, and its facilities as may be determined by
the AGENCY or the FHW A to be pertinent to ascertain compliance with such Regulations, orders, and
instructions. Where any information required by a CONSULTANT is in the exclusive possession of
another who fails or refuses to furnish this information, the CONSULTANT shall so certify to the
AGENCY or the FHW A as appropriate and shall set forth what efforts it has made to obtain the
information.
E. SANCTIONS FOR NONCOMPLIANCE: In the event of the CONSULTANT's noncompliance with
the discrimination provisions of this contract, the AGENCY shall impose such contract sanctions as it
or the FHW A may determine to be appropriate, including, but not limited to:
1. Withholding of payments to the CONSULTANT under the contract until the CONSULTANT
complies and/or
2. Cancellation, termination, or suspension of the contract in whole or part.
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F. INCORPORATION OF PROVISIONS: The CONSULTANT will include the provisions of paragraph
(A) through (F) in every subcontract, including procurements of materials and leases of equipment,
unless exempt by the Regulations, orders, or instructions issued pursuant thereto. The CONSULTANT
will take action with respect to any subcontract or procurement as the AGENCY or the FHW A 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 may request the
AGENCY to enter into such litigation to protect the interest of the AGENCY and, in addition, the
CONSULTANT may request the UnIted States to enter into such litigation to protect the interest of the
United States.
XI INSURANCE
Prior to beginning work under this Agreement, CONSULTANT shall provide evidence that policies
providing the following coverage and limits of insurance are in full force and effect.
A. GENERAL COMPREHENSIVE LIABILITY: With respect to liability for injuries to or death of
persons and with respect to liability for destruction of or damage to property, the insurance coverage
shall be $500,000 combined single limit and such coverage shall include the special provisions listed
below:
1. The AGENCY shall be as an additional insured and the coverage shall be applicable to and protect the
AGENCY from liability arising from or relating to CONSULTANT's activities relating to this
Agreement. Such insurance shall be primary and other insurance maintained or carried by the
AGENCY shall be separate and distinct and shall not be contributing with the insurance listed
hereunder.
2. Such insurance shall include a "Cross Liability" or "Severability ofInterest" clause.
3. Such insurance shall not include explosion, collapse, or underground exclusions commonly referred to
as the "XCU" hazards.
B. AUTOMOBILE COMPREHENSIVE LIABILITY: With respect to liability for injury to or death of
persons and with respect to liability for destruction of or damage to property, the AGENCY shall be
insured and the insurance coverage shall be $500,000 combined single limit. Such insurance shall be
primary and other insurance maintained or carried by the AGENCY shall be separate and distinct and
shall not be contributing with the insurance listed hereunder.
Failure of either or all of the insured to report a claim under such insurance shall not prejudice the
rights of the AGENCY thereunder. The AGENCY will have no obligation for the payments of
premiums because of its being an insured under such insurance. None of the policies issued pursuant
to the requirements contained herein shall be cancelled, allowed to expire, or changed in any manner
so as to affect the rights of the AGENCY thereunder until thirty (30) days after written notice of such
intended cancellation, expiration, or change.
XII WAGE AND HOURS LAW COMPLAINCE
CONSULTANT shall comply with all applicable provisions of the Fair Labor Standards Act and any
other legislation affecting its employees and the rules and regulations issued thereunder insofar as
applicable to its employees and shall at all times save the AGENCY free, clear, and harmless from all
actions, claims, and expenses arising out of said Act and rules and regulations that are or may be
promulgated in connection herewith.
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XIII SOCIAL SECURITY AND OTHER TAXES
CONSULTANT assumes full responsibility for the payment of all payroll taxes, use, sales, income, or
other form of taxes, fee licenses, excises, or payments required by any city, county, federal, or state
legislation which are now or may during the term of the Agreement be enacted as to all persons
employed by the CONSULTANT and as to all duties, activities, and requirements by the
CONSULTANT in performance of the work on this project and under this contract and shall assume
exclusive liability therefore, and meet all requirements thereunder pursuant to any rules or regulations.
XIV DAMAGE CLAIMS
CONSULTANT shall indemnify and hold harmless the AGENCY from and against all claims for any
and all damage, including but not limited to claims for damage to property or claims of
misrepresentation in negotiations, due to negligence of the CONSULTANT or its employees including
court costs and attorney's fees, ifany.
XV 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.
XVI ATTORNEY'S FEES
If the AGENCY 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 AGENCY, declaratory or otherwise, arising out
of this Agreement, then the prevailing party in any of these events shall be paid at reasonable
attorney's fees and costs and expenses expended or incurred in connection with any such suit or action.
XVII INDEPENDENT CONTRACTOR
The CONSULTANT shall at all times be an independent contractor and not an employee of the
AGENCY, and shall not be entitled to compensation or benefits of any kind except as specifically
provided for herein.
XVIII NOTICES
Any notice given by either party to the other hereunder shall be served, if delivered 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 due notice in
writing of such change.
XIX CONFLICT OF INTEREST
The CONSULTANT hereby affirms that he has no present or contemplated future personal interest in
the property, which is the subject matter of this Agreement.
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xx GOVERNING LAW
This Agreement and the rights and obligations of the parties hereunder shall be governed by the laws
of the State of Washington.
XXI AUTHORIZED REPRESENTATIVE
In performing the services defmed herein, CONSULTANT shall report to:
Telephone Number
CONSULTANT's Representative is:
Telephone Number:
Mitch Legel, SR/W A, NW Regional Manager
425-673-5559
XXII APPROVAL OF AGREEMENT
This Agreement shall become effective upon execution by the parties hereto.
~f~
City ofBremerton (Agency)
By: J'7hid-J Lc beL
NW Regional Manager
By:
(eel L ;Vi cLbn ~e II
(Title) }.-{Jt '-)0 If fvv leflt
APPROVED FOR USE:
APPROVED AS TO FORM:
4Co-I
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