HomeMy WebLinkAboutJCG Land Services, Inc. - 11/5/2018 Ae--�I-and Services, Inc.
Right of Way Services Agreement
This Agreement made this 5 day of _ �,�'� �l �l-,��/ 2018, by and between
the City of Waterloo, Iowa hereinafter referred to as the "CLIENT"; and JCG LAND SERVICES,
INC., hereinafter referred to as "JCG". Unless otherwise terminated, this Agreement shall
remain in effect until all work requested by the CLIENT on the Project has been completed.
Project Description
The proposed Scope of Services to be performed is based on a review of factual information
provided by the CLIENT, and includes property acquisition plans, area calculations, an estimate
of the total number of parcels ultimately affected, title research requirements, Just
Compensation valuation assignment(s), the proposed temporary, permanent and fee simple
rights sought to be acquired, and drafting of all necessary transfer documents (EXCEPT:
Warranty Deeds for Fee Acquisitions; Acquisition Plats with Legal Descriptions; and Appraisal
and Appraisal Review products). It has been estimated that the City of Waterloo intends to
acquire property or property rights from two parcels for improvements to Ansborough Avenue.
Governing Law • Automobile Liability($1,000,000)
The laws of the State of Iowa will govern . Worker's Compensation &
this Agreement. Any litigation arising from Employer's Liability($1,000,000)
this Agreement shall be brought in the . Cyber Security($1,000,000)
courts of this State.
Changes in Work and Extra Work
Performance The Scope of Services proposed in this
All services will be performed by JCG in a Agreement is based on information
manner consistent with that degree of skill provided by the CLIENT and facts known at
ordinarily exercised by members of the the time this Agreement is submitted. If,
same profession, and shall give consultation during the performance of services, facts
and advice to the CLIENT during the are discovered that indicate a change in the
performance of services under this Scope of Services is necessary or if JCG
agreement. believes that any work JCG has been
directed to perform is beyond the scope of
Indemnification and Insurance this Agreement, JCG may request that the
JCG shall maintain the following insurance Scope of Services be re-evaluated. JCG will
and list CLIENT as the certificate holder: promptly inform the CLIENT of such
• Professional Liability($2,000,000) situations, and if the facts indicate a
• Umbrella Liability($5,000,000) material change in the Scope or Project
Schedule, the parties shall renegotiate this The CLIENT and JCG may cancel or
Agreement as necessary. terminate this Agreement by giving written
notice at least thirty (30) days prior to the
Indemnification date of termination. The CLIENT shall pay
The CLIENT agrees to indemnify JCG from JCG for services and Reimbursable Expenses
any claims, damages, losses, and costs, performed or incurred prior to the
including but not limited to, attorney fees termination date.
and costs of litigation caused by breach of
contract, negligence, or willful misconduct Severability and Survival
of the CLIENT, its employees, affiliated Any portion of this Agreement later held to
corporations, officers or employees, or any be unenforceable for any reasons shall be
of its subcontractors in connection with this deemed void, and all remaining provisions
Agreement. shall continue in full force and effect.
JCG agrees, to the fullest extent permitted ACQUISITION SERVICES
by law, to indemnify or hold harmless the JCG shall serve as the CLIENT's professional
CLIENT against all damages, liabilities or representative in the performance of the
costs, including reasonable attorney fees scope of work described in the Exhibit "A"
and defense costs, to the extent caused by Scope of Services, attached and made a
JCG's negligent acts in connection with this part of this Agreement. JCG will provide the
Agreement. level of supervision of its employees,
agents, and subcontractors necessary to
Neither the CLIENT nor JCG shall be insure work is performed in compliance
obligated to indemnify the other party in with the CLIENT's procedures, policies and
any manner whatsoever for the other schedule and attend the CLIENT's scheduled
party's own negligence. production or work progress meetings,
resolve or recommend solutions to
Company's Employees technical or professional property
The CLIENT agrees that neither the CLIENT acquisition issues, make recommendations
or any other entity related to the CLIENT to accept, reject or require additions or
will, either directly or indirectly, solicit an revisions to property acquisition work
employee of JCG Land Services, Inc. or its products, supervise the work of JCG's
subsidiaries or hire or make an offer of personnel assigned to the project, respond
employment to an employee of JCG Land to inquiries or requests for information
Services, Inc. or its subsidiaries without made by the CLIENT, and deliver records
prior written consent or for a period of two and files as required by this Agreement.
(2) years after termination of this
Agreement. Title Reports
For acquisition purposes, public Record of
Termination Ownership and Liens report(s) will be
This Agreement shall terminate when the provided by the CLIENT, or upon request,
work of JCG has been completed and JCG obtained by JCG and/or verified to identify
has been paid for all completed work. all the owners, easements and other
interest holders, mortgages and lien Acquisition
holders, and encumbrancers needed to Forms of transfer documents and purchase
obtain possession of the interests in land agreements will be submitted to the CLIENT
being acquired. The costs for procuring the for approval and acceptance. JCG shall
Record of Ownership and Liens for each make a good faith effort to negotiate the
parcel will be a pass-through, reimbursable purchase of the land, or interests in the
expense as noted on JCG's project Invoices. land, needed for the project. JCG shall
make contacts with the property owners,
Public Information Meeting(s) tenants and/or their legal representative to
If applicable, the CLIENT will mail the Notice explain the effect of the acquisition, answer
of Public Hearing and a Statement of questions, and make a written offer to
Property Owner's Rights to all property acquire the property. Nonresident
owners and contract purchasers by regular landowners shall be contacted by mail,
mail not less than 30 days before the date return receipt requested if necessary. If an
of the hearing; and publish a notice of the agreement cannot be reached with a
public hearing at least 4 but not more than property owner through good faith
20 days before the public hearing. Upon negotiations, JCG shall consider any
request, JCG will participate in the Public evidence of value or an appraisal provided
Hearing to explain the acquisition process. by the landowner; report landowner
counteroffers; and/or make a
Compensation Valuations recommendation whether a settlement
If the proposed acquisition for any parcel is should be attempted at an amount other
complicated and/or estimated to exceed than that previously offered. No action
$25,000.00, JCG will recommend the shall be taken based on such
services of an experienced Eminent Domain recommendations until it has been
Appraiser to prepare the appraisal products approved by the CLIENT.
for the CLIENT as required by Section
6B.54(3) of the Iowa Code. If requested, Negotiations shall be considered complete
JCG will also recommend an experienced upon occurrence of one of the following:
Eminent Domain Review Appraiser. The (1) both the owner and tenant accept the
CLIENT shall approve the Review offer or an administrative settlement, or (2)
Appraiser's allocation of value to be offered either the owner or tenant fails or refuses
as Just Compensation for the acquisition of to sign the offer or administrative
each parcel. The costs for procuring settlement, or (3) in the judgment of the
appraisal and review appraisal reports for CLIENT, negotiations have reached an
each parcel will be a pass-through, impasse.
reimbursable expense as noted on JCG's
project Invoices. For every parcel on which negotiations have
reached an impasse or that cannot be
For uncomplicated acquisitions with acquired by negotiated agreement, JCG
compensation anticipated to be less than shall deliver as much of the file to the
$25,000.00 per parcel, JCG will prepare CLIENT as is necessary for the CLIENT's
Compensation Estimates to allocate Just Attorney, or other attorney, to begin
Compensation.
preparation for the condemnation of the AGREEMENT) JCG will attend necessary
parcel. meetings in support of the condemnation
proceeding and/or appear as an expert
Closing payment information and payee witness at the condemnation hearing.
instructions will be provided with each
completed parcel file turned in to the Not Covered
CLIENT for the closing and payment process Services not furnished by JCG are not
to be performed by the CLIENT. covered by the terms of this Agreement.
The CLIENT shall be solely responsible for
Relocation Assistance performance of work not covered by this
If requested, JCG will provide relocation Agreement.
assistance and advisory services in
accordance with the Uniform Relocation ESTIMATE OF RIGHT OF WAY
Assistance and Real Property Acquisition SERVICE FEES AND COSTS
Policies Act of 1970, as amended. The
rJCG shall provide professional right of way
relocation agent will meet with the CLIENT
services, as described in this Agreement, for
to review the program and discuss the
scope of work before beginning any the agreed estimated fee, plus
reimbursable out-of-pocket costs and
activities relating to relocation assistance.
expenses. JCG shall be paid from
They will follow the general procedures,
provide services, create and maintain statements invoiced every month for all
work completed. Reimbursement for actual
records, and submit reports and status
rexpenses include: appraisal and appraisal
reports as required by State and Federal
procedures. The tasks involved with review services, title search reports,
mileage at the current Federal rate. Other
relocation activities include initial
reimbursable costs include: copy costs;
interviews with displacees, preparation of
studies, presentation of offers, inspecting recording or filing fees; mail and phone
replacement properties, attending closings, charges, and similar costs incurred in the
monitoring moves, processing and performance of the work.
reviewing claims, and providing advisory 1CG's proposed fees for the agreed scope of
assistance.
services are:
Condemnation Support „
In the event condemnation should become See attached Exhibit„B
JCG Project Estimate Cost Breakdown
necessary, JCG will provide parcel file
documents and information necessary for
Total Project Estimate $9,760.00
the CLIENT's attorney, or other attorney, to
file the Application for Condemnation. If
requested, (UNDER A SEPARATE TIME AND
MATERIALS ADDENDUM TO THIS
IN WITNESS WHEREOF,the parties hereto have made and executed this Agreement on this
day of 2p
Execution of this Agreement by the CLIENT and JCG constitutes written authorization to JCG to
proceed with the Scope of Services contained herein. The Agreement shall become effective on
the date noted above.
SIGNATURES:
CLIENT/CLIENT JCG LAND SERVICES
-4 r� I
Name: iJ� G� Jay P.Walton
Department: JCG Land Services, Inc.
Address: 1715 South G Avenue
Address: Nevada, IA 50201
Phone: Phone: (515)382-1698
Fax: Fax: (515)382-2778
e-mail: e-mail:iay.walton@icgland.com
By: Y � By:�
� n
Title: �o sZ Title; Vi President
INVOICING
JCG invoices shall be directed to the appropriate department personnel as follows:
Name:
Department:
Address:
Address:
E-mail:
Phone:
Fax:
Exhibit"A"
Scope of Services
Easement Acquisition:
On behalf of the CLIENT, JCG will perform the following tasks; or, when necessary, will obtain
those professional services from local, qualified resources and pass those direct costs through
to the CLIENT based on actual bills and/or receipts for service with JCG's invoice(s):
• Record of Property Ownership and Liens Certificates. Based on the final design of the
facility or public improvement project, JCG will identify those parcels that are expected
to be acquired in fee or encumbered by an easement and place an order with the local
abstractor in each respective county for the form of record of property ownership and
liens certificates to identify and fulfill title vesting requirements.
• Acquisition Plats and Legal Descriptions/Project Plans. To be provided by the
CLIENT.
• Compensation Valuation. For the purposes of determining the fair market value of
uncomplicated or low-value acquisitions of right of way along the proposed project(s),
JCG will research recent 'arms-length transaction' land sales and develop a range of
values for each land type and use along the project corridor and present these values to
the CLIENT for review and approval prior to negotiations. For complicated acquisitions
or for those expected to exceed $25,000 per parcel,JCG will recommend the services of
an experienced Eminent Domain Appraiser and an experienced Eminent Domain Review
Appraiser.
• Acquisition Process. JCG will review the record of property ownership and liens reports
to verify ownership interests to be conveyed for each parcel. Upon approval of the form
and format for Permanent and Temporary Easement documents, JCG will prepare the
necessary transfer documents based on this current ownership information, along with
easement purchase agreements and a breakdown of compensation to be paid (for land,
plus any damages to the remaining tract, as a direct result of the project or
construction). We will provide good-faith negotiations to acquire all rights of way
needed for this project. Any Warranty Deed preparation will be the responsibility of the
Acquiring Authority's attorney, or other attorney to comply with state law.
• Closing Process. Upon completion of the acquisition of right of way, JCG will organize
and verify data for each parcel file's closing and payment process or return the refused
parcel file data to the Acquiring Authority for further processing and/or condemnation if
negotiations reach an impasse. The completed file will contain originals of all executed
conveyance documents, a signed W-9 form, and an Allocation of Proceeds statement
directing payment(s)to be made.
• Condemnation Support. In the event condemnation should become necessary,JCG will
provide parcel file documents and information necessary for the CLIENT's attorney, or
other attorney, to file the Application for Condemnation. If requested, (UNDER A
SEPARATE TIME AND MATERIALS ADDENDUM TO THIS AGREEMENT) attend necessary
meetings in support of the condemnation proceeding and/or appear as an expert
witness at the condemnation hearing. In addition to the items contained in the Scope
of Services for this Agreement, JCG will also provide additional support and
administrative services as requested by the CLIENT's attorney in support of the
condemnation process on a case by case basis.
• Project Management. Throughout the project, JCG will provide a project manager with
significant public works project experience to oversee the process and progress of the
acquisition team, meet with the CLIENT and/or its contractors as necessary, and submit
periodic status reports to the CLIENT that will calculate the level of completion of each
respective task in the process.
• Changes in Work and Extra Work. The Scope of Services proposed in this Agreement is
based on information provided by the CLIENT, and facts known at the time this
Agreement is submitted. If, during the performance of services, facts are discovered
that indicate a change in the Scope of Services is necessary or if JCG believes that any
work JCG has been directed to perform is beyond the scope of this Agreement,JCG may
request that the Scope of Services be re-evaluated. JCG will promptly inform the CLIENT
of such situations, and if the facts indicate a material change in the Scope or Project
Schedule,the parties shall renegotiate this Agreement as necessary.
Services not furnished by JCG are not covered by the terms of this Agreement. The
CLIENT shall be solely responsible for performance of work not covered by this
Agreement.
10/3/2018 Page 1
EXHIBIT"B"
JCG Land Services R.O.W.Cost Estimate Breakdown
Waterloo,IA
10/3/2018
Estimate Based on One Parcel with Four Tenants
By Others By Others
ROW Project Appraisal
Agent Manager JCG Estimated &
ROL Title Appraisal
Scope of Services (hours). (hours), : Expenses Reports Review Total Hours
Title certificates(2) $300.00
Compensation Valuation
(1 Value Finding Appraisal&1 Review Appraisal) $3,750.00 0.0 hrs.
Acquisition Process 38.0 38.0 hrs.
Project Management and parcel tracking/status report database 16.0 16.0 hrs.
Subtotal(hours) 38.0 16.0 54.0 hrs.
Rate/hr. $85.00 $95.00
JCG Expenses(**mileage,lodging,per diem,postage,misc.) $960.00 $960.00
JCG Fees $3,230.00 $1,520.00 $4,750.00
Reimbursable Ex enses(BY OTHERS) $300.00 $3,750.00 $4,050.00
Total Acquisition Estimate 1 $9,760.00