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HomeMy WebLinkAbout4846 Contract Number: Vendor: Subj ect: Department: File Class: Begin Date: End Date: Review Date: Vault Date: Comments: 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 Page 1 of9 Consultant Agreement 'or Negotiation Services 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. Page 2 of9 Consultant Agreement 'Dr Negotiation Services.. 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. Pagd of 9 Consultant Agreement for Nellotiation Services 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 Page 4 of9 Consultant Agreement for Negotiation Services 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. Page 5 of9 Consultant Agreement for Negotiation Services 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. Page 6 of9 Consultant Agreement for Nellotiation Services 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. Page 70f9 Consultant Agreement 'or NeRotiation Services 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. Page 8 of9 Consultant Agreement for Nellotiation Services 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 Page 9 of9