HomeMy WebLinkAboutRES.1162.04-15-1996 BILL NO. 96-130 RESOLUTION NO. �/��
A RESOLUTION AUTHORIZIIv'G THE CITY MANAGER TO
ENTER INTO AN APPR�1I5�iL CONTRACT WITH DOCKINS
VALUATION COMPANY FOR TH� DETENTION RESERVOIR
PORTION OF THE CAPE LA CROIX CREEK/WALKER
BRANCH FLOOD CONTROL PROJECT
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF CAPE GIRARDEAU,
MISSOURI , AS FOLLOWS:
ARTICLE 1 . The City Manager, for and on behalf of the City of
Cape Girardeau, Missouri, is hereby authorized to enter into an
Appraisal Contract with Dockins Va�uation Company for the Detentior_
Reservoir portion of the Cape La Croix Creek/walker Branch Flood
Control Project. A copy of said Appraisal Contract is attach�d to
this Resolution and made a part hereof.
F�SSED AND ADOPTED THIS �L DAY OF �;tl�.�),'�C('� , 19��
�
A.M. Spra ling, III
M�yor
ATTEST:
�-� �
GayletL. Conrad
Deputv City Clerk
.
APPRAISAL CONTRACT
DETENTION RESERVOIR - AGRICULTURAL, COMMERCIAL
AND UNDEVELOPED PROPERTIES
LOCATED NORTH AND WEST OF ROUTE W
AND EAST OF COUNTY ROAD 620
THIS CONTRACT, entered into this day of ,
1996, by the CITY OF CAPE GIRARDEAU, a municipality organized and
existing under the laws of the State of Missouri, (hereinafter
referred to as the City) , and Dockins Valuation Company,
(hereinafter referred to as the Contractor) .
WITNESSETH THAT:
WHEREAS, the City is desirous of obtaining certain appraisal
services as hereinafter described in connection with the City's
responsibilities under a Local Cooperation Agreement between the
Department of the Army and the City of Cape Girardeau, Missouri,
for construction of the Cape Girardeau - ,Tackson Metropolitan Area,
Missouri Project, and
WHEREAS, the Contractor has a well-qualified, equipped and
experienced organization, which is in a position to prepare and
furnish to the City the appraisal services as hereinafter
described.
NOW, THEREFORE, the parties do mutually agree as follows:
ARTICLE I - OBLIGATIONS OF THE CONTRACTOR
The Contractor shall perform all work in accordance with the
Uniform Appraisal Standards for Federal Land Acquisitions and,
appraisal services as described in the SCOPE OF WORK attached to
and made a part of this agreement as Exhibit A. The contractor
agrees to deliver the appraisal reports as completed, with contract
completion by June 30, 1996 .
ARTICLE II - PAYMENT
In consideration of the performance for its responsibilities
under this contract, the City shall pay the Contractor as follows:
a. A fee of $1, 200. 00 for each appraisal report completed
and approved in accordance with this contract.
The City shall issue a Purchase Order encumbering sufficient
funds to cover the extended amount of this contract. fihe
contractor will reference the Purchase Order Number on each invoice
submitted with each completed appraisal report. Payment will be
made within a reasonable time after receipt and approval of each
invoice.
b. The City shall also pay to the Contractor the sum of
$50 . 00 for each hour of work performed under the section of Exhibit
A entitled Testimony in Judicial Proceedings.
ARTICLE III - OFFICIALS NOT TO BENEFIT
No City official, elected or appointed, shall be admitted to
any share or part of this contract, or to any benefit that may
arise therefrom.
ARTICLE IV - COVENANT AGAINST CONTINGENT FEES
The City warrants that no person or selling agency has been
employed or retained to solicit or secure this contract upon an
agreement or understanding for a commission, percentage, brokerage,
or contingent fee.
ARTICLE V - MAINTENANCE OF RECORDS
The Contractor and the City shall keep books, records,
documents, and other evidence pertaining to costs and expenses
incurred pursuant to this contract to the extent and in such detail
as will properly reflect costs. The Contractor and the City shall
maintain such books, records, documents, and other evidence for a
minimum of three years after completion of construction of the
Project and resolution of all relevant claims arising therefrom,
and shall make available at their offices at reasonable times, such
books, records, documents, and other evidence for inspection and
audit by authorized representatives of the parties to this
contract.
ARTICLE VI - RELATIONSHIP OF PARTIES
The parties to this contract act in an independent capacity in
the performance of their respective functions under this contract,
and neither party is to be considered the officer, agent, or
employee of the other.
ARTICLE VII - NOTICES
a. All notices, requests, demands, and other communications
required or permitted to be given under this contract shall be
deemed to have been duly given if in writing and delivered
personally, given by prepaid telegram, or mailed by first-cl,ass
(postage-prepaid) , registered, or certified mail, as follows:
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If to the City:
City of Cape Girardeau
401 Independence Street
Cape Girardeau, MO 63701
If to the Contractor:
Dockins Valuation Company
429 Themis Street
Cape Girardeau, MO 63701
b. A party may change the address to which such
communications are to be directed by giving written notice to the
other party in the manner provided in this Article.
c. Any notice, request, or other communication made pursuant
to this Article shall be deemed to have been received by the
addressee at such time as it is personally delivered or seven
calendar days after it is mailed, as the case may be.
IN WITNESS WHEREOF, the parties hereto have executed this
contract as of the day and year first above written.
CITY OF CAPE GIRARDEAU
BY:
MICHAEL G. MILLER
City Manager
BY:
Contracting Officer
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EXHIBIT A
SCOPE OF WORK
Preparation and Delivery of Appraisal Reports. The Contractor
shall prepare, furnish and deliver to the City completed appraisal
reports covering certain real property described herein.
Contents to Appraisal Reports. Two ( 2 ) copies of the appraisal
reports shall be furnished in such form as may be approved by the
Government. In the event that the "taking" exceeds $250, 000. 00,
the Contractor shall furnish a third copy at no extra cost.
Modification of Delivered A�praisal Reports. Upon request of the
City and without additional costs to the City, the Contractor shall
modify or supplement any and all appraisal reports prepared if and
when the Contractor receives relevant additional appraisal data.
Contractor shall also correct errors or omissions, provide
additional narrative or other information required for compliance
with the provisions of Public Law 91-646 as determined and
documented by the review appraiser.
Plan Changes/ChanQes Resulting From Neqotiations. Upon request of
the City, the Contractor agrees to review, modify, or supplement
(as needed) any and all appraisal reports prepared if and when the
Contractor receives changes as a result of negotiations and/or plan
changes.
Testimony in Judicial Proceedinqs. Upon request of the City, the
Contractor agrees to furnish testimony as to the value of any and
all property on which appraisal reports are furnished in any
judicial proceedings involving a determination of the value of the
aforementioned property. The City shall pay for this work per the
terms noted in Article II, item b. of the Appraisal Contract.
Appraisal Reports to be Confidential. All information contained in
the appraisal reports to be made hereunder and all parts thereof
are to be treated as strictly confidential . The Contractor shall
take all necessary steps to ensure that no member of its staff or
organization divulges any information concerning such appraisal
reports to any person other than a duly authorized representative
of the City.
Contacting Property Owner. The Contractor is required, under the
provisions of Subsection 301 (2 ) Public Law 91-646, 2 January 1971,
84 STAT 1894, 1906, to personally contact and provide the
landowners, or their designated representatives, an opportunity, to
accompany the Contractor during its inspection of each tract being
appraised. A statement must be made in the appraisal report
whether or not the owner accompanied the appraiser. The Contractor
shall note in the report the landowner's comments made on this
first contact.
Type of Property. Land and improvements to be acquired in
connection with Cape Girardeau - Jackson Metropolitan Area,
Missouri Project.
Services Required. The Contractor shall prepare, furnish and
deliver to the City the appraisal reports covering the fair market
value of certain real property located within the confines of the
Cape La Croix Watershed, County of Cape Girardeau, State of
Missouri, as may be assigned to the Contractor by the City. In
addition, if required, updated appraisal reports will be furnished
as requested in writing by the City. Legal descriptions, title
evidence, segment and topo maps of the taking will be furnished the
Contractor by the City.
The Contractor shall compile a comparable sales book that will be
referred to in the appraisal reports. The Contractor shall furnish
the comparable sales books at no extra cost.
Specifications for Appraisal Reports. The appraisal reports shall
be furnished in narrative format, appropriately indexed and
generally arranged in the following fashion, with all pertinent
value factors included therein: �
a. Part I - Introduction
( 1) Title Page. This shall include (a) tract number and
location of property; (b) name of individual making the report;
(c) the effective date of the appraisal; and (d) the estate
appraised.
(2) Table of Contents.
(3 ) Letter of Transmittal .
(4) Summary of Values.
(5 ) Photographs. Pictures shall be color prints, dated,
and shall be most representative of the subject, plus show any
unusual features, and each shall be identified. Except for the
overall view, photographs may be found as pages facing the
discussion or description which the photographs concern. All
graphic material shall include captions.
(6) Statement of limitinr� conditions and assumptions.
(7 ) References, if preferred, may be shown with
applicable approach or exhibits and addenda.
Part II - Factual Data
(8 ) Purpose of the Appraisal . This shall include the
reason for the appraisal and a definition of all values required,
and the estate or property rights, appraised.
(9 ) Legal Description. This description shall be
furnished by the City and referenced as being included in Part, IV
of the appraisal report.
( 10) Area and Neighborhood Data. These data (mostly
social and economic) shall be current and should be minimized into
what affects the subject property and the appraiser's conclusions
as to trends.
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( 11 ) Property Data:
a. Site: Describe soil, topography, mineral
deposits, easements, etc. A statement must be made concerning the
existence of mineral deposits having a commercial value. In case
of a partial taking, discuss access both before and after to
remaining tract.
b. Improvements: This description will be
narrative or schedule form and shall include dimensions and square
and/or cubic foot areas.
A modified format for the value of the improvements
may be used if the taking does not affect improvements. The
Contractor shall document the reasoning for not doing a detailed
appraisal on the improvements.
c. Name of occupant.
d. Assessed value and annual tax load.
e. Zoning of subject.
f. Zoning of comparables shall be shown in the
project comparable sales book.
g. Salvage value of each structure to be removed
from the right-of-way shall be determined and listed separately in
the report.
h. Where applicable, leasehold interests shall be
appraised and listed in accordance to the legal estate in the lease
agreement. If lease agreement is not available, then market data
will be utilized. Attempts to obtain lease information from the
owner shall be documented.
Part III - Analyses and Conclusions
( 12 ) Highest and Best Use. The report shall state the
highest and best use that can be made of the property in the
current market. Valuation shall be based on this issue.
( 13 ) Land Value. The appraiser's opinion of the value of
the land shall be supported by confirmed sales of similar land
having like optimum uses. Differences shall be weighed and
explained to show how they indicate value to the subject land. The
land value estimate will be broken down by classification, grade
and unit value.
( 14) Value Estimate by Market Data Comparative Approach.
All comparable sales used shall be confirmed by the buyer, seller,
broker, or other person having knowledge of the price, terms, and
conditions of the sale. Each comparable shall be compared to
subject property and the adjustments explained sufficiently to
indicate the reasoning behind the appraiser's final value estimate
by this approach. Details of each comparable sale shall be
organized in the comparable sales book and may be referenced in the
appraisal report.
( 15 ) Value Estimate by Cost Approach, if applicable.
Cost sources and depreciation amounts must be thoroughly and
sufficiently explained. �
( 16 ) Value Estimate by Income Approach, if applicable.
( 17 ) Interpretation and Correlation of Estimates. The
appraiser shall interpret the estimates of the approaches used, and
state his reasoning as to which is the most indicative of fair
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market value. The appraiser shall make an allocation of value
between the Lessor and Lessee, if applicable.
( 18 ) Certification. The certification paragraph of the
report shall be in substantial accordance with the following: ��I
hereby certify that I have carefully examined the property
described and the estimates developed in this report represent my
unbiased judgment of the present fair market value of the (insert
estate appraised) , subject only to all assumptions and limitations
as specifically set forth herein. "
( 19 ) Breakout of Dwelling and Site. If property contains
a dwelling, the value of said dwelling or dwellings and homesite or
homesites shall be set forth separately with the statement that
this figure or figures will be used only for calculating housing
relocation benefits under Section 203, PL 91-646, where applicable.
(20 ) The Contractor shall show the value of both the
minimum taking required and the actual taking, as defined by the
City, and the difference between them.
Part IV - Exhibits and Addenda
(21 ) Location map of area, or segment map.
(22) Comparable sales map. '
(23) Plot plan, property map, or survey.
(24) Floor plan when needed to explain the value
estimate.
(25 ) Other pertinent exhibits.
(26 ) Qualifications of all appraisers and technicians
contributing to the report.
b. On a partial acquisition reflecting damages to the
remainder, the damages shall be separately tabulated in the
following format:
Value Before Acquisition
Value After Acquisition
Total Value of Part Acquired
Value of Acquisition
Severance Damages to Remainder
The total value of the remaining property shall reflect the
value before the taking minus the total of the value of the taking
including the damages to the remaining property.
c. Specifications of Updating or Modification of Appraisal
Reports. Any modification of appraisal reports shall be furnished
in such form as may be approved by the representative. Any change
in the value estimate attributable to trending or updating will be
fully supported by acceptable market evidence.
DELIVERIES OR PERFORMANCE
Deliverv. The Contractor shall deliver to the City the completed
reports within the time frame set out in the Contract.
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