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HomeMy WebLinkAbout2001-021 - Contract with Right-of-Way Associates for Real Estate Acquisition ServicesBILL NO. ~~O/- ~/ ORDINANCE NO. ~6D ~ Z ~ AN ORDINANCE AUTHORIZING THE MAYOR TO ENTER INTO A CONTRACT WITH RIGHT-0F-WAY ASSOCIATES FOR REAL ESTATE ACQUISITION SERVICES. BE IT ORDAINED BY THE BOARD OF A>~DERMAN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. That the Mayor be authorized to enter into a contract with Right-of--way Associates to provide real estate acquitsitioa services in connection with 39 tracts of land regwired for proposed Gateway brive aad Vivion Road improvements. SECTION 2. The maxixtnum contract fee shall not exceed $45,750.00. PASSED THIS 6~' DAY OF FEBRUARY 2001. ATTEST: 'se Rusick, City Clerk Mayor Be 'arch e 1 CONTRACT FOR APPRAISAL AND ACQUISITION SERVICES GATEWAY DRIVE AND VIVION ROAD IMPROVEMENT PROJECT RIVERSIDE, MISSOURI Scope of Base Services: All appraisal, review appraisal and acquisition services will be performed in accord with the Uniform Standards of Professional Appraisal Practice, the Uniform Act of the Federal Guidelines and the Missouri Department of Transportation reporting standards to satisfy grant requirements. Appraisal Services - Appraisals will be performed according to the following scope: 1. For each parcel, identification of the economic unit, or larger parcel, based upon the unities of use, contiguity and ownership. 2. Identify available utility and development infrastructure. 3. Review the existing zoning, and master planned zoning, from public records. 4. Research county records and other available sources for comparable sales data. 5. Estimate land values based upon comparable data. 6. Analyze and estimate value impacts due to takings and site improvement losses (trees, structures, and other improvements). 7. Analyze building setback and parking impacts due to the acquisitions. 8. Preparation of report delineating value impacts. Acquisition Services - We are proposing an average of six property contacts during the acquisition project, outlined as follows: Contact 1. Prepare an introductory letter to each of the property owners describing the project and the process for the acquisition. As MoDot requires, we would request donation of the acquisition(s) at this time. Contact 2. Contact each owner by telephone to schedule a time to meet with them, at their convenience. Contact 3. Travel to the property owner's residence, place of business or another location of their choice. Review the plans for the project with them, answer any questions they may have, receive technical engineering questions and make the offer to them for the right of way or easements for the project. If the owner chooses to make a counteroffer, transmit this information to the Project engineer/Client for their decision. If the owner is agreeable, the transaction would be completed in this first visit. Normally, additional contacts are required. 2 Contact 4. Contact each owner, and if they desire, meet with them again. Provide answers to technical engineering questions from information provided by the Project engineer/Client staff. Answer any additional questions regarding the appraisal/acquisition process or seek additional engineering counsel. At that point, we will attempt to complete the transaction at the original offer or any approved counteroffer amount. Contact 5. Following consultation with the Client and Project Engineer, write a final offer letter to the property owner in an attempt to acquire the needed rights of way/easements. Contact 6. If the owner accepts the final offer, meet with them again to sign. If we are unable to satisfactorily complete the negotiation, transmit the file to the client for legal action. Document preparation, negotiator reports and weekly written status reports are included in the base cost for services. Additional Services: Meeting Attendance - We will attend status and strategy meetings, as needed. Mortgage Releases - These are required from lending institutions for right of way acquisitions to clear title for the City. Condemnation Services - Right of Way Associates will provide evidence and testimony showing good faith offers have been made to obtain authority to condemn. If needed, we can prepare condemnation exhibits and provide expert testimony as to valuation conclusions. Review Appraisal Services - Mr. Dan Craig, MAI, of David Craig & Company, Inc. will be performing review appraisal services for those tracts with Just Compensation in excess of $10,000. PROJECT SCHEDULE The project is estimated to take approximately 5 months, including an allowance for eminent domain proceedings. INSURANCE Right of Way Associates carries $2,000,000 in general liability insurance, including automobile coverage, as well as an amount prescribed by law for Workers' Compensation. We also carry $1,000,000 in Professional Liability Insurance. 3 COST OF SERVICES The not to exceed cost per tract is listed below, and is inclusive of our base hourly rates, mileage, and out of pocket expenses. The actual cost will be based upon the actual amount billed, subject to the not to exceed per tract cap: No. of Price/ Service Tracts Tract Extension Donation Letter' 39 $100 $3,900 Appraisals 31 $600 18,600 Acquisitions 31 $750 23,250 $45,750 ' Assumes that 20% of the tracts, or 8 tracts, will donate and the price includes complete acquisitions of the donations. The actual amount of tracts to be appraised/acquired is contingent upon the number of owners which donate the rights of way/easements. Compensation for review services is not included above and is contingent upon the number of reviews required. The fee for the services will be proposed at the time they are needed and the services will be contingent upon approval by the City of Riverside. Compensation for additional services will be made at the hourly rate and fee schedule described in this section. Fee Schedule The fees will be in accord with the following rate schedule: A. Personnel hourly rates: Position Rate/Hr. Principal Appraiser $135.00 Associate Appraiser 70.00 Principal Right of Way Agent 70.00 Right of Way Agent 65.00 Technician 40.00 B. Mileage: $0.32 per mile for trips to inspect site, to contact property owners, to city or county offices, and to engineering companies. C. Out of pocket expenses: Reimbursement of out of pocket expenses at cost (maps, ownership documents, long distance phone calls, filing fees, etc.). Services will be billed twice monthly and payment is to be made within 30 days of billing. 4 CONSIDERATIONS This proposal is predicated on the following items: 1. The acquisition documents will be prepared from legal descriptions provided by Bucher, Willis and Ratliff. 2. The format for the easement grants which contain the rights to be acquired will be prepared by Right of Way Associates in accord with MoDot format. We will forward the format to the City Attorney for review and approval of language. 3. Construction staking sufficient to establish acquisition boundary lines will be provided as needed. Approved by: Submitted by: City of Riverside Betty B rch Mayor Date: ~ ~ 2001 Right of Way Associates By. ~. L_ J n .Moser dent Date: February 21, 2001