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HomeMy WebLinkAboutContract 34401 CITY SECRETARY CONTRACT NO. AGREEMENT FOR ACQUISITION SERVICES LEBOW CHANNEL DRAINAGE IMPROVEMENT PROJECT WHEREAS, DFW Advisors Ltd. Co. ("Contractor"), proposes to furnish professional services to acquire fee simple interests of real property on behalf of The City of Fort Worth, Texas, ("City") for acquisition services for Lebow Channel Drainage Improvement Project, ("Project") in compliance with all City, Federal, and State procedures and description of work, terms and conditions hereinafter described. WHEREAS, City has to acquire sixteen (16) properties (Property) as described in Exhibit "A" for a drainage project, such project called the Lebow Channel Drainage Improvement Project. WHEREAS, the Contractor represents ,that he/she has the expertise to perform the services of fee simple acquisitions. NOW THEREFORE, Contractor and City agree as follows: The Contractor shall perform such services in connection with the Project and be compensated therefore in accordance with the following articles of agreement: I. OBLIGATIONS OF CONTRACTOR A. Contractor will do the acquisition and supervision of the Project in accordance with the terms of this agreement. B. Contractor shall be familiar with all procedures required to acquire necessary real property interests in accordance with City, Federal, and State law and procedures and Federal regulations when appropriate. C. Contractor shall prepare all documents necessary to convey to the City valid fee interest title to Property and report results of negotiations of the project. All conveyance documents shall be presented to the City Attorney for review and approval of the transaction before payment of funds to the owners. D. Contractor shall make personal contact with each interested parry (owner) to acquire valid fee simple acquisitions and perform its services as outlined in this contract and shown on the Exhibit B or as instructed in writing by the City. E. Contractor, no later than the second contact, shall explain the compensation offer orally and in writing to the real property owners and request execution of appropriate conveyance by the owner to City of needed property rights in consideration of the amount of the offer made. g, —'I J- 0)6P1 57 RCVU 1 �Uof ':JUUo Ut�1e F. Contractor in negotiation shall perform only to the limit of authority delineated by the title reports, project maps, determination of fair market value, acquisition schedule, and/or written instructions issued by the City. G. Contractor shall maintain a complete, legible diary of each contact to include the time,place, amount of offer, person(s)to whom offer was made, all parties present, and owner's response in a form approved by the City. H. Contractor shall obtain release of all liens or encumbrances necessary to vest valid title to required property rights to the City. If Contractor encounters a problem obtaining clear title to the Property, Contract will inform City of issues and receive direction from City on how to proceed. I. Contractor, on or before the date designated in Article IX, hereof, shall furnish transmittal of diary, miscellaneous correspondence, escrow instructions, and valid conveyances pursuant to all negotiated transactions, or written recommendations regarding future negotiations in those cases where settlement failed. All work shall be submitted as completed to City officials for acceptance or rejection. J. Contractor shall abide by decisions made by the City on questions concerning acceptability of any work performed on the project. All decisions made by the City are final. K. Contractor shall correct any deficient work performed by him/her on the project and deliver corrected work to the City at his/her own expense. Corrected work shall be delivered to the City at the City office within 15 days from date of request for correction of item. L. Contractor shall be available for consultation (including, but not limited to discussion of diary notes and acquisition events) with City representatives after completion of this agreement, should the need arise. M. The City shall have access to any books, documents papers and records that are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. N. Contractor shall sign and date, upon completion of the successful acquisition of fee simple title on each parcel,the following statement: "I hereby certify that the written instruments secured and forwarded herewith embody all the considerations agreed upon between me and the Property Owner; agreement on said instruments was reached without coercion, promises other than those shown in the instruments, or threats of any RECORD ", -� TEX. kind whatsoever by or to either party; I understand that the property acquired is for use in connection with a City Capital Improvement project; I have no direct or indirect present or contemplated future personal interest in the parcel or in any benefit from the acquisition of such property." II. OBLIGA'T'IONS OF CITY A. The City shall furnish appropriate policy directives concerning procedures or expense reimbursement for matters not under Contractors fee, deviating instructions in writing, acquisition schedule, and answer questions by the property owner during the phase of negotiation. B. The City shall review and accept or reject any work performed by the Contractor on the project in Lhirty 30 days or less from the date of receipt by the City. C. When deemed necessary, the City will provide funds for appraisal of the properties and appraisal review, title insurance vesting in the City, and escrow charges. Payments to owners will be made into escrow in accordance with joint escrow instructions. D. The City representative for this contract will be Jean Petr, Land Agent, Real Property, Department of Engineering or another designee as assigned by the Director, Department of Engineering or his/her designee. III. CON'TRACTOR'S RESPONSIBILTTIES Contractor will perform the following services under this agreement: A. Order Preliminary Title Reports from title company, and arrange for closing in escrow with the title company. The contractor will furnish a policy of title insurance insuring the City with clear title to whatever the degree of acquisition is required. B. Contractor will obtain a "Phase I" Environmental report from the City's Environmental Management Department for each property described in Exhibit "A» C. Contractor will obtain an appraisal of each parcel to determine the purchase offer price. The appraisals shall be standard "UAW" format and type and shall only address value from sales comparisons; no information need be included on replacement cost or income approach. 3 I D. Personally negotiate with property owners in a timely manner and make a minimum of two (2) repeat calls (after the initial visit) until the owner agrees or rejects the written offer. The written offer will be delivered by "Certified Mail" with return receipt. The property owner should be advised that the condemnation procedure will be instituted in the event a mutually agreeable just compensation amount is not established. E. Prior to closing, contractor shall send closing documents and proposed closing instructions to the City, Real Property contact, for review and approval. Assist the title company until the transaction is closed. If condemnation is required, prepare the file for such action and return it to the City for farther disposition. F. Keep in close contact with the City and provide regular progress reports. Upon decisions that need to be made by the City during the acquisition process, there will be detailed explanation and alternatives provided for the City to make its decision. G. Contractor will be responsible for arranging with the City of Fort Worth Code Compliance Department for the demolition and removal of all the improvements on parcels acquired. H. If the Phase I Environmental Report indicates a need for additional environmental assessment, the Contractor shall contact the City to obtain further instructions. The property shall not be acquired until the property owner has cleared or disposed of the hazardous materials in compliance with applicable government requirements. IV. COMPENSATI®N TO THE CONTRACTOR The Contractor shall be compensated and reimbursed in the amount of $2,500 per property owner for acquisition services and $2,000 for condemnation services. The services provided are described herein and in Exhibit `B". The City may include additional parcels or delete parcels during the life of this contract. Reimbursement in the amount specified herein shall constitute full compensation for all work performed as well as all supervision, labor, supplies, and materials. Notwithstanding any provision herein to the contrary, Contractor's compensation shall not exceed $24,500.00 without prior written approval of City. The Billing Statement, in the format attached to and incorporated with EXHIBIT "B", will be submitted on a monthly basis by the Contractor for approval and payment by the City. Approved Payments will be processed within 30 days of receipt of the monthly statement. OFFICIA WORD 4 cliff, MCIETAPY r,A �-tn U Flo ����i01F�7H, IE,.. V. INSURANCE REQUIREMENTS (a) At all times during the term of this Agreement and throughout any extension periods, Contractor shall obtain, maintain, and pay all insurance premium costs for and furnish certificate(s) of insurance to the contract administrator designated by the City of Fort Worth's Real Property Division Manager. (b) Contractor's certificate(s) of insurance shall specifically reference this Agreement and state that all insurance requirements as specified herein have been met. (c) Required insurance coverage's and limits thereof follow: 1. Workers' Compensation Insurance • statutory limits • employer's liability ® $1,000,000 each accident ® $1,000,000 disease each person ® waiver of subrogation in favor of City of Fort Worth 2. Commercial General Liability Insurance $1,000,000 each occurrence $2,000,000 aggregate limit * Endorsed to cover environmental impairment liability or a separate EIL policy 3. Business Automobile Insurance * $500,000 each accident * the policy shall be endorsed to include coverage for"any auto" used in the scope of Contractor's services and operations contracted herein. * coverage extended to include passengers * coverage applicable regardless of vehicle operator 4. Other insurance requirements a. Each policy of insurance required herein shall be endorsed to provide the City with a minimum thirty(30) days notice of cancellation,non-renewal, and/or material change in policy terms or coverage. Such notice shall be delivered to the contract administrator designated by the City of Fort Worth's Real Property Division Manager. A ten(10) day notice shall be acceptable in the event of non-payment of premium. b. The cancellation or other termination of any policy of insurance required herein shall be cause for termination of the Agreement for service granted hereunder, unless another insurance policy complying with the provisions of this section shall be provided and be in full force and effect at the time of such cancellation or other termination. OFFIC] L RECORD c. Liability insurance policies required herein shall be endorsed to include the City of Fort Worth as an additional insured. Additional insured parties shall include employees, officers, officials, agents, and volunteers of the entities listed. Such coverage must provide for all contractual liability to the City undertaken by the Contractor resulting from this Agreement. d. Any failure on part of the City of Fort Worth to request certificate(s) of insurance shall not be construed as a waiver of such requirement nor as a waiver of the insurance requirements themselves. e. Insurers of Contractor's insurance policies shall be licensed to do business in the state of Texas by the Texas Department of Insurance or be otherwise eligible and authorized to do business in the state of Texas; such insurers shall be acceptable to the City insofar as their financial strength and solvency and each such company shall have a current minimum A. M. Best Key Rating Guide rating of AJX or other equivalent insurance industry standard rating. f. Insurance policies providing coverage's required herein shall contain no exclusions such that hazards commensurate with the services and operations contracted herein are not covered by Contractor's insurance. g. Deductible limits on insurance policies shall not exceed$5,000 per occurrence, or per claim, or per accident unless otherwise approved by the City of Fort Worth. h. The City of Fort Worth shall not be responsible for the direct payment of insurance premium costs of Contractor's insurance. i. The City of Fort Worth reserves the right to require Contractor to provide full copies of the latter's insurance policies within a reasonable time from the date of such request. VI. SOCIAL SECURITY AND OTHER TAXES Contractor assumes full responsibility for the payment of all taxes (including but not limited to use, sales, and income taxes), fees, licenses, excises, or other payments required by any City, Federal, or State legislation which had been enacted or will be enacted during the term of the contract. The Contractor must also meet the requirements of all rules or regulations that have been or may be promulgated in connection with the project under contract. 6 I OLVA tla 114rq I I All 0 11 FjLWWJCmv- A, FURTHER, THIS AGREEMENT SHALL NEVER BE CONSTRUED AS RELIEVING ANY THIRD PARTY FROM ANY LIABILITY AGAINST THE CITY. VIII. NON-DISCRIMINATION During the performance of this contract, the Contractor, for itself, its assignees and successors in interest(hereinafter referred to as the "contractor") agrees as follows: A. Nondiscrimination. The contractor, with regard to the work performed by it during the contract, shall not discriminate on the grounds of race, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases of equipment. The contractor shall not participate either directly or indirectly in the discrimination. B. Solicitations for Subcontracts, Including Procurements of Materials and Equipment. In all solicitations either by competitive bidding or negotiation made by the contractor for work to be performed under a subcontract, including procurements of materials or leases of equipment, each potential subcontractor or supplier shall be notified by the contractor of the contractor's obligations under this contract and the Regulations relative to nondiscrimination on the grounds of race, color, or national origin. C. Information and Reports. The contractor shall provide all information and reports required. D. Sanctions for Noncompliance. In the event of the contractor's noncompliance with the nondiscrimination provisions of this contract, the City shall impose such contract sanctions as it may determine to be appropriate, including,but not limited to: (1) Withholding of payments to the contractor under the contract until the contractor complies, and/or, (2) Cancellation, termination, or suspension of the contract in whole or in part. IX. TERMINATION OF THE CONTRACT A. The performance of the work under this Contract may be terminated by the City without cause in whole, or from time to time in part, whenever the City shall determine that such termination is in the best interest of the City. Any such termination shall be effected by delivery to the Contractor no less than thirty(30) days in advance, of a Notice of Termination or fourteen (14) days in advance on a change of the Scope of Work specifying the extent to which performance of Work under the OFFIC Rill REC RD Contract is terminated/changed and the date upon which such termination/change becomes effective. Termination under this paragraph is in addition to and cumulative of any other termination by either party for legal cause, including nonperformance of any of the terms and conditions contained in the Contract documents. Contractor will be paid in full for all Work completed to the date of termination in accordance with the provisions of the Contract relating thereto. This contract shall terminate December 31, 2007 unless extended in writing by mutual agreement between the parties hereto. B. Upon termination of contract under Paragraph A above, all documents, records, and file materials shall be turned over to the City by the Contractor. C. All services to be rendered under this contract shall be subject to the direction and approval of City. X. ASSIGNMENT OF CONTRACT Contractor's rights and obligations under this contract shall not be assigned and any attempted assignment shall be void. XI. SOLICITATION WARRANT Contractor warrants that he/she has not employed or retained any company, firm, or person other than a bona fide employee working solely for him/her, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company, firm, or person, other than a bona fide employee working solely for him/her, any fee, commission, percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting from the award of this agreement. For breach or violating of this warranty, the City shall have the right to annul this agreement without liability. XII. INDEPENDENT CONTRACTOR Contractor shall at all times be an independent contractor and not an employee of the City, and shall not be entitled to compensation or benefits of any kind except as specifically provided for herein. XV. ENTIRE CONTRACT This contract, including the attached Exhibits, expresses the entire understanding and agreement between the parties hereto with respect to the subject matter and supersedes all prior understandings, agreements, representations, or arrangements, oral or written, between the parties relating to the subject matter of this contract. CRI KERRY F WITH, XVI. AMENDMENTS This agreement cannot be amended except in writing, dated subsequent to the date hereof and executed on behalf of both parties by their duly authorized representatives. XVII. VENUE This contract shall be construed in accordance with the laws of the State of Texas. Venue of any suit or cause of action arising under this contract shall lie in exclusively in Tarrant County, Texas. XVIII.THIRD PARTY BENEFICIARIES This Agreement shall inure only to the benefit of the parties hereto and third persons not privy hereto shall not, in any form or manner, be considered a third party beneficiary of this Agreement. Each party hereto shall be solely responsible for the fulfillment of its own contracts or commitments. XIX. CONTRACT CONSTRUCTION The parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. XX. LIST OF EXHIBITS 1. Exhibit"A"List of Property to be Acquired. 2. Exhibit`B" Compensation Schedule and Services to be provided Executed this Ddlay of L*Nf�e, , 2006. Mssistant T W R Attested By: B 'Ma6gcr Marty Hendr' Approve to FF d Legality City Secretary _ By: Assistant rty Attorney EIQU1REI RECORD Cif MU01 RY 10 FT. 400H, TEX. CONTRACTOR: DFW Advisors Ltd. Co. By' — j James L alv Princip 4600 Greenville Ave. #150 Dallas, TX 75206 (214) 750-9898 STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared Marc A. Ott, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this IA�) day of he, °,e,, , 2006. = NES Notary Public in and for the XPIRES 09 State of Texas STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally appeared fl A 1 I , known to me to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the DFW Advisors Ltd. Co. and that he executed the same as the act of the said DFW Advisors Ltd. Co. for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE s 13 day of 1,5Ce tu.$e. - , 2006. 'fat LEXINGTON WRIGHT o�tary P lic in and for the Notary Public State of Texas * STATE OF TEXAS h OF 1 ? 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I Dec-04-06 15.48 P.of DFWA�IS0R Ltdo IC0- 4E3Q0 Greenvills Avenue suite j50 Dallas,Texas 75206 (214)7511-9898 ° FA1E (214)711-991 I November 30, 2006 Ms, Jean Petr Land Agent Engineering Department City of Fort Worth 000 Monroe Street, Suite 302 Fort'Worth;'TX 76102-6319- - R5: LEBOW CHANNEL PROPERTY ACQUISITIONS - $24,000 CONTRACT Dear Jean: To clarify our agreement for the acquisition of the Lebow Channel properties, DFW Advisors will charge$2,500.00 per property owner for this first batch of lots and $2,000.00 for condemnation work if riecessary. The attached list indicates the properties to be included in the first contract. Payment will be erected upon completion of the acquisition process and or submission of the final offer letter to the property owner. Sincerely yours, Ja es . Falvo .. . The City nf Fort Worth, Texas Professional Services Pay Request Contract Information Contract Authorization: Contract No's.: � Contract Title: Consultant: OFVV Advisors Ltd. Co. Pay Request No.: Executed Contract Current Period: Date: From: Contract Expiration To: Date: Pay Estimate Data: Proposed Accepted by City (Completed by Consultant) (Completed by City Staff) Original Contract Amount Executed Amount of Contract Modifications Revised Contract Amount Previous Amount Paid Payment in Process Amount Earned this Period TOTAL AMOUNT EARNED Less Previous Payment Less Payment in Process Ak8OUNTDOE 96Complete 96 CONSULTANT'S CERTIFICATION I HEREBY CERTIFY that the information contained in this Payment Request accurately represents the actual amounts due for work performed and the materials supplied to date under the terms of this Contract, and,further,that there has been full compliance with all labor provisions included in the Contract. I understand that to knowingly make a false entry in or false alteration of this certification is a criminal offense. Consultant's Representative- /mexmeme Consultant's Representative Signature Date 4600 Greenville Ave., Suite 150, Dallas TX 75206 Consultant's Address City State Zip Code (214) 750-9898 Consultant's Telephone Number