Loading...
HomeMy WebLinkAbout5.227 Original ContractJOHN SPELLMAN Governor Dear Mr. Pittis: RHB:mh JW -02 STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Transportation Building Olympia, Washington 98504 (206) 75.: 6005 PUBLIC WORKS DEPT. RECEIVED DATE 98 July 28, 1983 0 ACTN 1COPY CONC. DIRECTOR 1 1 CITY ENGR /ASST.DIR 1 1 1 OFFICE ENGR 1 1 SOUR WASTE 1 1 1 City of Port Angeles SEWER /WATER 1 1 140 West Front Street STREET 1 I 1 Port Angeles, WA 98362 FILE DRAFT 1 1 I Attention: Jack N. Pittis, P.E. I Director of Public Works 1/4 C CAehk— Re: Agreement for Aid, GC 7406 Real Property Acquisition Washington State Department of Transportation Please find enclosed a copy of the agreement for aid between the City of Port Angeles and the Department of Transportation. The number of the agreement is GC 7406. Also, kindly note on page 2, under paragraph IIA that specific work assignment shall be made in writing by the City of Port Angeles for any future aid. The original has been executed by Clyde L. Slemmer for the Department as evidenced by the copy being forwarded to you. The agreement is now in force between the two agencies. Thank you for this opportunity to serve the City of Port Angeles and we are looking forward to the accustomed pleasant relationship that we have enjoyed with your City and staff in past transactions. ROBERT H. BARNARD Chief Right of Way Agent DUANE BERENTSON Secretary 5, AGREEMENT FOR AID This agreement is made and entered into by and between the WASHINGTON STATE DEPARTMENT OF TRANSPORTATION hereinafter referred to as "DEPARTMENT" and CITY OF PORT ANGELES hereinafter referred to as "AGENCY." WHEREAS, the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1980 (PL 91 -646; 84 Stat. 1894) as implemented by the United States Department of Transportation (49 CFR 25), Chapter 8.26 Revised Code of Washington (RCW) and Chapter 365 -24 Washington Administrative Code (WAC) promulgated by Washington State Office of Community Development (OCD), all of which hereinafter referred to as the Regulations, establish a uniform policy for the expedient and consistent treatment of owners subjected to land acquisition practices and provide for the fair and equitable treatment of persons displaced in connection with or as a result of public works programs or projects of a State agency or local public body; and WHEREAS, the Agency may propose to acquire or to administer the acquisition of real property in connection with public works programs or projects and which programs or projects may necessitate displacement of an individual, a family, business, farm or non profit organization; and WHEREAS, the Department has an established organization to conduct programs and project impact studies, land acquisitions management and relocation assistance programs for compliance with the Regulations and the Department is empowered to provide such services pursuant to Chapter 39.34 RCW; and WHEREAS, the Department, in accordance with its policies, does not desire to perform services for a public agency by entering into or otherwise interfering with competitive bidding by private enterprise in response to advertisement or solicitation by such public agency; and WHEREAS, the Agency in support of said Department policies, assures the Department that the Agency's assignments and /or requests for services under this agreement will not result from bidding, negotiation or other competition involving private enterprise; and WHEREAS, the Agency may desire to obtain such services from the Department, and the Department is willing to furnish such services to the Agency, and both deem it in the interest of the public to enter into this agreement; NOW, THEREFORE, in consideration of the stated premise and in the interest of providing expedient, fair, equitable and uniform treatment of land owners and persons to be displaced by proposed land acquisition projects and pursuant to RCW 8.26.120, the parties hereto agree as follows: Page 1 of 5 Pages 5.22'1 G Pp Ut I GENERAL A. The Department shall, to its maximum administrative ability undertake to provide the Agency with impact study, appraisal, appraisal review, acquisition, relocation assistance, or property management services described hereinafter, all in accordance with the appropriate elements of Department operating requirements set forth in the Department publication M26 -01 (HW), "Right of Way Manual" except where specific operating requirements are otherwise described herein. All such requirements shall conform to the Regulations. B. The normal work load of the Department shall have priority over any work performed under this agreement. The work performed under this agreement shall be pursued with care and diligence, making every effort to recognize pertinent schedules of the Agency. The Department shall promptly notify the Agency of any hardship or other inability to perform under this agreement including postponement of the Agency's work due to priority given to the Department's work. C. This agreement may be increased or decreased in scope or character of work to be performed if such change becomes necessary, but, any such change shall be accomplished by written agreement and executed by all parties to said agreement. D. The Agency shall indemnify and hold the Department harmless from all claims, demands, losses and damages arising out of the performance of this agreement on the part of the Agency or the Department; provided, however, nothing herein shall be construed to require the Agency to indemnify and hold the Department harmless against claims or demands arising out of the sole negligence of the Department. It is agreed that the Department, in the course of its performance of services under this agreement, shall be the agent of the Agency. The Agency shall be ultimately responsible for the payment of any claims, demands, lawsuits, or damages arising out of the performance of this agreement by the employees or agents of the Department. II WORK ASSIGNMENT /REQUEST A. Specific assignments shall be made in writing to the Department by the Agency. The Agency shall make such assignments before any negotiations for property acquisition and before any discussion of price with the property owner, when required by the Regulations. B. The Agency shall furnish the Department with all information which has been compiled by or is available to the Agency concerning the property to be affected by each particular project. Such information shall include, but not be limited to a list identifying each property affected by the project by Parcel number, a tabulation of improvements on each property, the geographical location and boundaries of each property, and a description of how the project affects each property. The Agency shall furnish the State copies of plan sheets showing limits of parcel rights to be acquired and sufficient engineering data to develop legal descriptions. Page 2 of 5 Pages GC7406 C. The Department shall furnish all labor, materials, supplies and incidentals necessary to complete the work assigned by the Agency and shall furnish all information necessary to the conduct of a land acquisition program, at the convenience of the Department. D. The Department will at its discretion and upon written request from the Agency furnish the following as required; Impact Studies: Impact studies shall be made and reported in written narrative addressing potential influences by a program or project on land economics, or land use factors, displacement /relocation factors, acquisition costs and relocation plans, as requested. Appraisal: Property shall be evaluated and value conclusions reported to conform with Department operating requirements. Any request by the Agency for court preparation and testimony will be a separate work assignment request under this agreement and shall be submitted to the Department in a timely manner to provide not less than ninety (90) days advance notice to expected court appearance. Appraisal Review: Appraisal reports shall be reviewed to conform with Department operating requirements for validity of value conclusions provided such reports are accompanied by a copy of the appraiser's contract or assignment and provided that the Agency (or its agent) has determined that such reports appear to comply with the Agency's procedural requirements and include adequate description of the property appraised, the interest to be acquired and appears to include adequate data supporting said conclusions. The Agency shall be responsible for obtaining any necessary replacements for unacceptable appraisal reports or for obtaining any substantive revisions of inadequate reports where such reports were furnished to the Department by the Agency. Acquisition: Every reasonable effort will be made to acquire real property by negotiations in accordance with the Regulations. The Department shall attempt to acquire all property within the project limits without commencing condemnation proceedings. A written offer will be presented to each owner at the time price is first discussed for the property. The offer will be documented and retained as part of the parcel file. Parcel by parcel diaries containing adequate written records of the negotiations will be maintained including, but not limited to the following: 1. Date and place of contacts; 2. Persons present; 3. Offers made (actual dollar amounts); 4. Counteroffers made; 5. Reasons settlement could not be reached. Each request by the Agency shall specify the name of the grantee in whose name the property is to be conveyed. The Department shall provide the Agency with deeds to all Page 3 of 5 Pages C C' 4O property acquired and, wherever possible, instruments to clear encumbrances of title from those deeds. The Department will provide information leading to clearing of encumbrances which the Department cannot clear without legal action. Upon completion of a review of each acquisition by the Department's Title Section, all instruments and materials pertaining thereto will be provided to the Agency. Clearing remaining encumbrances of title and making the actual payment for the property shall be the responsibility of the Agency. Should it become apparent that negotiations for attempted acquisition have reached an impass and sufficient time has elapsed for a property owner to make a decision, the Department will, either at its direction or upon written request by the Agency, submit to the Agency a condemnation report that will contain a summary of negotiations, amounts of counteroffers, if any, and other historic data relative to such attempted acquisition. The actual filing of condemnation and subsequent litigation shall be the responsibility of the Agency. Relocation Assistance: Relocation assistance services shall be provided to conform with Department operating requirements. All relocation claims presented by displacees will be processed by the Department, but the actual disbursement of monies shall be made by the Agency. As may be assigned by the Agency, the Department will respond to and assist the Agency with an appeal as to relocation assistance benefits filed by an aggrieved displacee, however, the Agency shall remain responsible for any appointment of a hearing officer, the conduct and the records of hearings and for renderings the final decision of the Agency. Property Management: Effective management will be provided in the name of the Agency for Agency controlled properties to conform with Department operating requirements. E. At the completion of the project the Department will, either at its discretion or upon written request by the Agency, turn over to the Agency all records including appraisal and appraisal review reports, acquisition, relocation assistance and property management records pertinent to the work performed by the Department. III PAYMENT The Department shall be paid by the Agency for completed work and for services rendered under the agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies and incidentals necessary to complete the work. The Department acknowledges and agrees that only those costs actually allocable to a project shall be charged to such project. A. The Department shall be reimbursed in full by the Agency for its direct and related indirect costs accumulated in accordance with its current accounting procedures. B. Partial payments will be made by the Agency upon recepit of the Agency of billings from the Department. Billings will not be more frequent than one per month. It is agreed that payment of any particular claim will not constitute agreement as to the appropriateness of any item and that at the time of final billing all required adjustments will be made. Page 4 of 5 Pages G C 7 4 0 6 C. Upon termination of this agreement as provided in Section V, the Department shall be paid by the Agency for services rendered to the effective date of termination, less all payments previously made. No payment shall be made by the Agency for any expense incurred or work done following the effective date of termination unless authorized, in writing, by the Agency. D. Final payment of any balance due the Department of the ultimate gross reimbursable amount, prior to the effective date of termination, will be made upon ascertainment of such balance by the Department and certification thereof to the Agency. The Department shall comply with RCW Chapter 49.60. With respect to the work to be performed by the Department during the contract, the Department shall not discriminate on the grounds of race, color, sex, national origin, martial status, age, or the presence of any sensory, mental, or physical handicap in the selection and retention of agents, subcontractors, including procurement of services or materials, or leases or equipment. The Department shall comply with Title VI of the Civil Rights Act of 1974, U.S.C. 2000d -d4 and related statutes. The work is of a continuing nature and will be in force as of the date of this agreement. Either party may terminate this agreement at any time upon not less than sixty (60) days written notice to the other party with or without cause. This agreement shall terminate three years from the date of execution hereof unless otherwise terminated or unless extended in writing signed by both parties. IN WITNESS WHEREOF, the parties hereto have executed this Agreement this 5th day of July, 1983 APPROVED AS TO FORM: Attorne 2 or City of Port Angeles APPROVED AS TO FORM: IV NON DISCRIMINATION V COMMENCEMENT AND TERMINATION OF AGREEMENT 19 BY: Page 5 of 5 Pages City of Port Angeles DOROTHY°DUNCAN, Mayor WASHINGTON STATE DEPARTMENT OF TRANSPORTATION BY: Clyde L. Slemmer, P.E. Project Development Engineer GC 7 06 ORDINANCE NO. S S AN ORDINANCE of the City of Port Angeles amending Ordinance No. 1838 pertaining to the merger and abolishment of certain funds so as to meet the requirements of the State Auditor's Report for the year 1975. 5 x..2 WHEREAS the Fiscal Legal Examination of the State Auditor of the general governmental financial affairs of the City of Port Angeles for the year ended December 31, 1975 recommends certain changes in Ordinance No. 1838 which provided for the abolishing of certain funds and their merging with other funds and the City Council desires to comply with said recommendations; NOW, THEREFORE, the City Council of the City of Port Angeles do ordain as follows: Section 1: Section 1, sub paragraph a. and Section 3 of Ordinance No. 1838 are hereby repealed. Section 2: The Arterial Street Fund is hereby re- established in the office of the City Treasurer as a fund separate and distinct from the City of Port Angeles Street Fund. Section 3: The 1960 Water Revenue Bond Fund is hereby re- established as the Water Revenue Bond Fund, 1960, and said fund shall be divided into two accounts: a principal and interest account and a reserve account. Section 4: The abolishing of the Park and Recreation Fund and the Cemetery Fund as provided in Section 1, sub- paragraphs b and c of Ordinance No. 1838 and their merger with the current expense fund shall remain in effect and unchanged by this ordinance. Section 5: The provisions of this ordinance shall become effective January 1, 1977 and shall be reflected in the 1977 budget document. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular session of the Council held on the 15th day of December, 1976. ATTEST: lr�ls� e, City Clerk APPROVED AS FORM: City Attorney PUBLISHED: -a,f,, cl&-)-L, Mayor ATTEST: L- c.c24 City Clerk ORDINANCE NO. f3A AN ORDINANCE of the City of Port Angeles abolishing certain separate funds and merging the abolished funds into other permanent funds. i WHEREAS the Arterial Street Fund, the Park and Recreation Fund, the Cemetery Fund, and the 1960 Water Revenue Bond Fund, are no longer necessary as separate funds, and it is in the best interests of the City and the Finance Department thereof that these funds be eliminated and merged with other funds; NOW, THEREFORE, BE IT ORDAINEb BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES, as follows: Section 1: a. The Arterial Street Fund is hereby abolished as a separate fund and is merged into the Street Fund as an operating department. b. The Park and Recreation Fund is hereby abolished as a separate fund and is merged into the Current Expense Fund as an operating department. c. The Cemetery Fund is hereby'abolished as a separate fund and is merged into the Current Expense Fund as an operating department. Section 2: The mergers %forth in Section 1 above shall be effective as of December 31, 1974, and the surviving funds there of named in each Sub-section/shall assume all assets and liabilities of the abolished fund merged with it effective as of that date. Section 3: The 1960 Water Revenue Bond Fund is hereby abolished as a separate fund and merged into the Water Fund as a subsidiary fund. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular session of the Council held on the /7 day of December, 1974. CITY OF PORT ANGELES By Mayor 5.227 0 APPROVED AS TO I CityAttorney PUBLISHED: 1-2 d 4.4Z Attest: 6/ City Clerk Approved as to form: ,g Z/. City Attpiey PUBLISHED: 'cq I a a tea` -:;m+rn_;,':"•.:= ORDINANCE NO. NV/ AN ORDINANCE of the City of Port Angeles creating a special fund for the construction, improvement and repair of arterial highways. WHEREAS, the 1961 Washington State legislature has made provision for the payment of a portion of the State gasoline tax to cities and towns for the purpose of construction, improvement and repair of arterial highways; and WHEREAS, it is necessary that a separate fund be created into which will be paid funds received from the State and match- ing funds from the City; now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PORT ANGELES that there is hereby created a special fund to be'desig- nated as "Arterial Highway Fund" into which shall be deposited all funds received by the City by virtue of Chapter 7, Laws of 1961, Extraordinary Session, and City matching funds, said funds to be expended in accordance with the provisions of Chapter 7, Laws of 1961, Extraordinary Session, and other applicable statutes. PASSED by the City Council of the City of Port Angeles and approved by its Mayor at a regular meeting of the Council held on the 6th day of July, 1961. l Mayor 5 2.2 7