HomeMy WebLinkAboutRES.1477.07-06-1999r
BILL NO 99-150 RESOLUTION NO.
A RESOLUTION OF THE CITY OF CAPE
GIRARDEAU, MISSOURI, AUTHORIZING THE CITY
MANAGER TO ENTER INTO A NEGOTIATOR
SERVICES AGREEMENT WITH SITEFINDERS, INC.
FOR THE ACQUISITION OF PROPERTY FOR THE
NEW ALIGNMENT OF HOPPER ROAD BETWEEN
MT. AUBURN AND KAGE ROADS
WHEREAS, the City of Cape Girardeau wishes to proceed with the acquisition of
property for the new alignment of Hopper Road between Mt. Auburn and Kage Roads, and;
WHEREAS, Sitefinders, Inc. is a qualified property acquisition company that is
available to proceed with the necessary property acquisitions for this road improvement
project;
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY
OF CAPE GIRARDEAU, MISSOURI, AS FOLLOWS:
ARTICLE 1. That the City desires to proceed with property acquisition for the new
alignment of Hopper Road between Mt. Auburn and Kage Roads.
ARTICLE 2. The City Manager is hereby authorized to enter into the attached
Negotiator Services Agreement with Sitefinders, Inc. which authorizes Sitefinders, Inc. to
acquire the necessary property for the new alignment of Hopper Road between Mt. Auburn
and Kage Roads for the City of Cape Girardeau.
PASSED AND ADOPTED THISDAY OF C ;�'�, , 1999.
At. Spr dling, III, May r
X EST:
ois
Deputy City Clerk.,
EM
.ti
NEGOTIATOR SERVICES AGREEMENT
THIS AGREEMENT, is entered into by and between the City of Cape Girardeau,
Missouri and Sitefinders, Inc. whose address is 411 Main Street, New Madrid, Mo. 63869
(herein, "Agent").
WITNESSETH:
WHEREAS, the City of Cape Girardeau proposes to acquire certain property rights
or interest in certain tracts or parcels of land located in the City of Cape Girardeau, County
of Cape Girardeau, State of Missouri, for the New Alignment of Hopper Road between Mt.
Auburn Road and Kage Road.
NOW, THEREFORE, in consideration of the mutual promises, covenants and
representations contained herein, the parties agree as follows:
(1) GENERAL DUTIES: The Agent shall negotiate on behalf of the City of Cape
Girardeau with the owners of each parcel for the acquisition of certain property
rights or interests. The Agent shall exert his best efforts in accordance with
good business practices and in accordance with the procedures set forth in
Section 6 (Acquisition) of the Local Public Agency Land Acquisition Manual. In
addition, the Agent shall comply with the requirements of its submitted
Proposal.
(2) FEES: The Agent will be compensated for negotiations in accordance with the
provisions of this Agreement at the rate of $55.00 per hour, with a minimum of
$500.00 per parcel. Total compensation for services, other than court testimony
consultation, shall not exceed $1,000 per parcel.
(3) PARCELS OF LAND: The parcels of right-of-way and/or easements which
the Agent shall be requested by the City of Cape Girardeau to negotiate for the
purchase thereof are set forth on "Schedule A" which is attached hereto and
made a part hereof.
(4) COMMENCEMENT. The Agent shall commence negotiations upon receipt of
a written notice to proceed. The City of Cape Girardeau shall specify in each
notice to proceed with respect to each parcel listed therein, the nature and status
of the title thereto or other interest therein to be acquired, the statement of just
compensation and the form of conveyance document to be used.
(5) REVIEW OF PLANS: Prior to commencing negotiations by the Agent
pursuant to this Agreement, the Agent, with respect to each parcel, shall review
the plans and specifications for the aforementioned project, review the title
reports or other ownership information and any appraisal reports or other
pertinent information furnished by the City of Cape Girardeau.
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NO
(6) RECORDS AND REPORTS: The Agent shall maintain records of its
negotiations progress on a parcel basis detailing dates of contact, parties present
and terms discussed. The information set forth in the Negotiator's Report, a
copy of which is attached shall be made a part hereof by this reference. The
Agent will submit its report, relating to each parcel subject to negotiations, to the
authorized representative of the City of Cape Girardeau having charge of the
project, as from time to time as the same are completed.
(7) INVOICES: The Agent shall submit an itemized accounting of its time spent in
the aforementioned services in the manner and form provided by the City of
Cape Girardeau. Payment will be made within a reasonable time after approval
of submitted invoices. Each party shall furnish to the other information
necessary to carry out this Agreement in accordance with its terms.
(8) DURATION: Agent shall complete his negotiations under this Agreement on
or before August 30, 2000. If the Agent is unable to complete contract for
acquisition pursuant to said negotiations within time required, the Agent shall
submit a report stating the status of the parcels remaining and any special
conditions peculiar to each such parcel, and his recommendation of further
action to be taken. After due consideration, in writing, the City of Cape
Girardeau may extend the negotiation period.
(9) COURT APPEARANCES: The Agent agrees that it will appear in any court
proceedings as requested by the City of Cape Girardeau's counsel to give
testimony as to its negotiations and be available for consultation with the City of
Cape Girardeau's counsel in trial preparation, and that it shall receive as
compensation for such services payment of $300.00 for each day or $150.00 for
each half day so appearing.
(10) SUCCESSFUL COMPLETION: Upon the successful completion of
negotiations, the Agent shall deliver to the City of Cape Girardeau, an executed
contract to sell and shall assist the City of Cape Girardeau in the closing of
purchase of any parcel. If requested by the City of Cape Girardeau, the Agent
shall be present at such closing.
(11) CONFIDENTIALITY: All negotiations which the Agent may conduct by
reason of this Agreement, terms of this Agreement, the Agent's opinions of the
value and appropriate prices of the parcels, and the reports and information
furnished to the Agent by the City of Cape Girardeau, shall be kept confidential
by the agent, and shall not be divulged in whole or in part to any party whatever,
without the prior written consent of the City of Cape Girardeau. Further, the
Agent shall not disclose to third parties confidential factual matter provided by
the City of Cape Girardeau except as may be required by statute, ordinance, or
order of court, or as authorized by the City of Cape Girardeau. The Agent shall
notify the City of Cape Girardeau immediately of any request for such
information. None of the restrictions in this section shall apply to pertinent
project and parcel information requested by representatives of the City of Cape
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s
Girardeau. None of the restrictions in this section shall apply to testimony
which the agent is required to give under oath in a judicial proceeding.
(12) CONFLICT OF INTEREST: If the Agent at any time discovers or is
informed by the City of Cape Girardeau of the existence of any possible
conflict of interest on the part of the Agent, the Agent shall immediately cease
all activity in connection with such services, and promptly notify the City of
Cape Girardeau in writing, of all relevant facts and circumstances pertaining to
such conflict, so that the City of Cape Girardeau may take such action as it
deems appropriate, including but not limited to, the exclusion of any parcel or
parcels involved from this Agreement.
(13) WORK PRODUCT: All documents, reports, exhibits, etc. produced by the
agent at the direction of the City of Cape Girardeau and information supplied
by the City of Cape Girardeau shall remain the property of the City of Cape
Girardeau.
(14) LAW OF MISSOURI TO GOVERN: This Agreement shall be construed
according to the laws of the State of Missouri. The Agent shall comply with all
local, state and federal laws and regulations relating to the performance of this
Agreement.
(15) VENUE: It is agreed by the parties that any action at law, suit in equity, or
other judicial proceeding to enforce or construe this Agreement, or regarding its
alleged breach, shall be instituted only in the Circuit Court of Cape Girardeau
County, Missouri.
(16) AUDIT OF RECORDS: The Agent must maintain all records relating to this
Agreement, including but not limited to invoices, payrolls, etc. These records
must be available at all reasonable times at no charge to the City of Cape
Girardeau and/or its designees or representatives during the period of this
Agreement and any extension thereof, and for three (3) years from the date of
final payment made under this Agreement.
(17) AMENDMENTS: Any change in this Agreement, whether by modification or
supplementation, must be accomplished by a formal contract amendment signed
and approved by the duly authorized representative of the Agent and City of
Cape Girardeau.
(18) NONSOLICITATION: The Agent warrants that it has not employed or
retained any company or person, other than a bona fide employee working for
the agent, to solicit or secure this Agreement, and that it has not paid or agreed
to pay any percentage, brokerage fee, gift, or any other consideration, contingent
upon or resulting from the award or making of this Agreement. For breach or
violation of this warranty, the City of Cape Girardeau shall have the right to
annul this Agreement without liability, or in its discretion, to deduct from this
Agreement price or consideration, or otherwise recover, the full amount of such
fee, percentage, brokerage fee, gift, or contingent fee.
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(19) ASSIGNMENT: The Agent shall not assign, transfer or delegate any interest
in this Agreement without the prior written consent of the City of Cape
Girardeau.
(20) CANCELLATION: In the event the agent shall fail to comply with the terms
of this Agreement, or the progress or quality of the work is unsatisfactory, the
City of Cape Girardeau shall have the right to cancel this agreement. Should the
City of Cape Girardeau exercise its right to cancel the Agreement for such
reasons, cancellation will become effective upon the date specified in the notice
of cancellation sent to the Agent.
(2 1) DELAY: In the event that the project covered by this Agreement is postponed
or delayed by the City of Cape Girardeau, the City of Cape Girardeau shall have
the right to terminate this Agreement. In the event the Agreement is terminated
under this provision, or in the event it is terminated because of illness of the
Agent, or for other reasons not the fault of the Agent, all work completed or
partially completed prior to notice of termination of this Agreement shall be the
property of the City of Cape Girardeau, and will be paid for in proportion to its
value to the City of Cape Girardeau as determined by the City of Cape
Girardeau.
(22) DISPUTES: In the event of any dispute concerning a question of fact in
connection with the work, the City of Cape Girardeau's representative shall
make a determination of such fact and its decision shall be final.
(23) CITY OF CAPE GMARDEAU NEGOTIATORS: The City of Cape
Girardeau reserves the right to use its own negotiators on any parcel deemed
advisable on the project.
(24) INDEMNIFICATION: The Agent shall be responsible for injury or damages
as a result of any services and/or goods rendered under the terms and
conditions of this Agreement. In addition to the liability imposed upon the
Agent on the account of personal injury, bodily injury, including death or
property damage, suffered as a result of the Agent performance under this
Agreement, the Agent assumes the obligation to save the City of Cape
Girardeau harmless, including its agents, employees and assigns, and to
indemnify the City of Cape Girardeau, including its agents, employees and
assigns, from every expense, liability or payment arising out of such wrongful or
negligent act, including legal fees. The Agent also agrees to hold harmless the
City of Cape Girardeau, including its agents, employees and assigns, from any
wrongful or negligent act or omission committed by any subcontractor or other
person employed by or under the supervision of the Agent for any purpose
under this Agreement, and to indemnify the City of Cape Girardeau, including
its agents, employees and assigns, from every expense, liability or payment arising
out of such wrongful or negligent act or omission.
DAHopper Road Phue I Ueement for Services - Leroy Nu doc
(25) NONDISCRIMINATION: During the performance of this contract, Agent
agrees to observe and comply with the following conditions insofar as they apply
to this Agreement:
(A) Civil Rights Statutes: The Agent shall comply with all state and federal
statues relating to nondiscrimination, including but not limited to Title VI
and Title VII of the Civil Rights act of 1964, as amended (42 U.S.C. 2000d
and 2000e, et Leg.), as well as any applicable titles of the Americans with
Disabilities Act. In addition, if the Agent is providing services or operating
programs on behalf of the Department or City of Cape Girardeau, it shall
comply with all applicable provisions of Title II of the Americans with
Disabilities Act.
(B) Executive Order: The agent shall comply with all the provisions of the
Executive Order 94-03, issued by the Honorable Mel Carnahan, Governor
of Missouri, on the fourteenth (14`h) day of January 1994, which executive
order is incorporated herein by reference and is made a part of this
Agreement. This Executive Order which promulgates a Code of Fair
Practices in regard to nondiscrimination, is incorporated herein by reference
and made a part of this Agreement. This Executive Order prohibits
discriminatory practices by the state, the Agent or its subcontractors based
on race, color, religion, national origin, sex, age, disability or veteran status.
(C) Administrative Rules: The Agent shall comply with the administrative rules
of the United States Department of Transportation relative to
nondiscrimination in federally -assisted programs of the United States
Department of Transportation (49 CFR Subtitle A, Part 21) which are
herein incorporated by reference and made part of this Agreement.
(D) Nondiscrimination: The Agent shall not discriminate on grounds of the
race, color, religion, creed, sex, disability, national origin, age or ancestry of
any individual in the selection and retention of subcontractors, including
procurement of materials and leases of equipment. The Agent shall not
participate either directly or indirectly in the discrimination prohibited by 49
CFR 21.5, including employment practices.
(E) Solicitations for Subcontracts, Including Procurements of Material and
Equipment: These assurances concerning nondiscrimination also apply to
subcontractors and suppliers of the Agent. These apply to all solicitations
either by competitive bidding or negotiation made by the Agent for work to
be performed under a subcontract including procurement of materials or
equipment. Each potential subcontractor or supplier shall be notified by
the Agent of the requirements of this Agreement relative to
nondiscrimination on grounds of the race, color, religion, creed, sex,
disability or national origin, age or ancestry of any individual.
(F) Information and Reports: The Agent shall provide all information and
reports required by this Agreement, 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
City of Cape Girardeau or the United States Department of Transportation
to be necessary to ascertain compliance with other contracts, orders and
instructions. Where any information required of the Agent is in the
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exclusive possession of another who fails or refuses to furnish this
information, the Agent shall so certify to the City of Cape Girardeau or the
United States Department of Transportation as appropriate and shall set
forth what efforts it has made to obtain the information.
(G) Sanctions for Noncompliance: In the event the Agent fails to comply with
the nondiscrimination provisions of this Agreement, the City of Cape
Girardeau shall impose such contract sanctions as it or the United States
Department of Transportation may determine to be appropriate, including
but not limited to:
(1). Withholding of payments under this Agreement until the Agent
complies; and/or
(2). Cancellation, termination or suspension of this Agreement, in whole or
in part, or both.
(H) Incorporation of Provisions: The Agent shall include the provisions of
paragraph 26 of this Agreement in every subcontract, including
procurements of materials and leases of equipment, unless exempted by the
statutes, executive order, administrative rules or instructions issued by the
City of Cape Girardeau or the United States Department of Transportation.
The Agent will take such action with respect to any subcontract or
procurement as the City of Cape Girardeau or the United States Department
of Transportation may direct as a means of enforcing such provisions,
including sanctions for noncompliance; provided that in the event the Agent
becomes involved or is threatened with litigation with a subcontractor or
supplier as a result of such direction, the agent may request the United States
to enter into such litigation to protect the interests of the United States.
(26) PERSONAL SERVICES: This Agreement is for the personal services of
Sitefinders, Inc., who shall negotiate on behalf of the City of Cape Girardeau
with the owners of each parcel for the acquisition of certain property rights or
interests and, if necessary, testify in any condemnation action.
IN WITNESS WHEREOF, the parties have entered into this Agreement on the date
last written below.
Executed by the Agent this 24V day of oVIA nr , 1999.
Leroy
Executed by the City of Cape Girardeau this day of )1999.
Michael G. Miller
City Manager
DAHopper Road Phue I\Agr e t for Services • Leroy Nu=do
ATTEST:
Lois J. Tweedy
Deputy City Clerk
ACKNOWLEDGMENT BY INDIVIDUAL
STATE OF MISSOURI )
) ss.
CITY OF CAPE GIRARDEAU )
On this day of , 1999, before me personally appeared
Leroy Nunn, to me known to be e person described in and who executed the foregoing
instrument, and acknowledged that he executed the same as his free act and deed.
IN TESTIMONY WHEREOF, I have hereunto set my hand and affixed my official
seal at my office the day and year first above written.
6W,&,YZ1 4 .f3.e�S
[Typed Name of Notary Public]
My Commission Expires:
Carolyn L. Barks
Notary Public - Notary Seat
State of Missouri
Cape Girardeau County
My Commission Exp, OW1220ol
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OST 90 U18 W,0
Properties to be partially acquired
New Alignment of Hopper Road Between Mt. Auburn and Kage Roads
1. Tax Map # 15-909-00-05-002
Nancy Duschell and Robert Dodson, owners
C/O Robert Dodson, 3317 Kage Road, Cape Girardeau, Missouri 63701
2. Tax Map # 15-909-00-05-003
Robert Dodson, owner
C/O Robert Dodson, 3317 Kage Road, Cape Girardeau, Missouri 63701
3. Tax Map # 15-913-00-01-001
Bernice Hunze, owner
3301 Hopper Road, Cape Girardeau, Missouri 63701
4. Tax Map # 15-909-00-06-021
David and Angela Kaelin, owners
3115 Vail Drive, Cape Girardeau, Missouri 63701
DAHopper Road Phase I\Agreer=t for Services - Leroy Nu Ad