HomeMy WebLinkAboutContract 33253 CITY SECRETARY
CONTRACT NO.
REAL ESTATE APPRAISAL REVIEW CONTRACT
THIS CONTRACT, made and entered into this day of 2006 by and
between the City of Fort Worth(the "City"), through its duly authorized A istant City Manager
and CORNERSTONE APPRAISAL COMPANY the real estate appraisers, whose business
address is P O Box 470151, FORT WORTH. TEXAS 76147_ (the "Contractor"). In the
event the Contractor is a firm, a partnership, or an organization, the services to be rendered under
this contract will be performed by the following designated appraisers whose qualifications are
approved and of record with the City and who are employees or associates of the Contractor in
the performance of this contract.
NAME ADDRESS
ROY L. RIDDEL, III P O Box 470151
FORT WORTH, TX. 76147
KENNETH L. HUFFMAN, MAI 777 Main St., Suite 1990
FORT WORTH, TX. 76102
WITNESSETH
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. The Contractor shall furnish to the City a written professional opinion, in the form
of an appraisal review, as to the adequacy of appraisals prepared to estimate the
fair market value of certain parcels of real estate, or designated parts thereof, on all
parcels listed below under paragraph 2, on FAA project number 3-48-0085-14-
2005 , in FORT WORTH, TEXAS, at FORT WORTH MEACHAM
INTERNATIONAL AIRPORT.
2. (a) For and in consideration of services in furnishing said appraisal reviews, the
Contractor shall be paid for each parcel the sum set forth as follows:
PARCEL NUMBER AMOUNT Alliance Airport Noise Mitigation Maps
SEE ATTACHED EXHIBIT "A" SEE ATTACHED EXHIBIT'S"
(b) Statements by the Contractor for payment for the aforesaid services shall
be itemized and submitted to the City.
3. Appraisal review services will be performed pursuant to the terms and conditions
of all applicable Federal, state, and local laws, ordinances, rules, and regulations
including, but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 )(P.L. 91-646, as amended) as implemented by
the United States Department of Transportation in 49 C.F.R Part 24. The term
appraisal reports as used herein shall include narrative, form, or value findings
appraisals as may be required by the City.
4. Appraisal review services will be performed by a qualified employee or associate of
the Contractor. All review appraisers must be a qualified appraiser and meet the
minimum standards as required by the City.
5. The Contractor shall begin work upon receipt of a formal notification by the City
and shall fully complete the review appraisals and fizrnish to the City three (3)
copies of such review appraisal within (5) working days after having been notified
of the start-up date of this contract through receipt of appraisal reports.
6. 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.
7. Contractor shall correct any deficient work performed by him/her on the project
and deliver corrected work to airport at his/her own expense. Corrected work
shall be delivered to the airport owner at the airport office within 15 days from
date of request for correction of item.
8. It is fully understood and agreed that in the event the Contractor shall fail to
perform the work within the time herein provided, the City may, at its sole option,
consider the services of the said Contractor terminated, and, upon written notice
thereof by certified mail to the Contractor of such termination, shall not be liable
for payment for appraisal reviews submitted after the date; provided, however, that
upon application by the Contractor, the City in the event of extenuating
circumstances, may, at its discretion, expressly grant in writing an extension of
time to the Contractor.
9. Upon receipt of appraisals from the City, the Contractor will perform an appraisal
review of each parcel to determine that the appraisal meets acceptable standards.
The Contractor will be required to perform appraisal reviews of appraisal reports
submitted by property owners when requested by the City. A review of this type
will receive compensation based on the parcel amount for that parcel as set forth in
Paragraph 2.
10. After performing the appraisal review(s), the Contractor will recommend to the
City the amount to be offered to the property owner and prepare a Review
Appraisal Report and Statement of Just Compensation and certification. The
Contractor must sign all review appraisal reports, being responsible for the
accuracy of data and opinions therein.
OFFICIwI MOD
11. When an appraisal report is rejected by the Contractor and returned to the
appraiser because of error of deficiency, the Contractor will be required to
complete a subsequent review of the revised report without additional
compensation. From time to time the Contractor will be available for conferences
as found necessary to discuss the appraisal aspect of the project.
12. Negotiation of mutual acceptance of major changes in the scope, character, or
estimated total cost of the work to be performed will be agreeable to the City and
Contractor as such changes become necessary as the work progresses.
13. A review appraisal for each parcel contracted for in this agreement shall be
submitted on either the forms provided or as a complete narrative type of appraisal
review, provided it complies with current Federal Aviation Administration
appraisal review procedures as set forth in FAA Order 5100.37 and 49 CFR Part
24.
14. The Contractor shall make field inspections of the comparable sales and the subject
property. The conditions of the sales shall be verified with the buyer or the seller,
or both, to the extent necessary to insure the accuracy of the data. Comparable
sales data that is furnished to the Contractor or is made available to it by the City if
any, shall be personally checked and verified by the Contractor as to the accuracy
and completeness.
15. (a) The City shall have the right to terminate this contract with regard to any
or all services provided for herein in the event of changes in the airport's
plans which obviate the necessity of any such review appraisal which may
be involved. Such terminations shall be given by the City to the Contractor
by written notice by certified mail to the following address: P O BOX
470151 FORT WORTH. TX. 76147. In such event, the airport will be
liable to the Contractor for only those services which have been rendered
prior to the date of mailing of such notices.
(b) In the event of the termination of any or all of the work provided for under
this contract, the Contractor shall be paid a proportionate part of the fee
provided for with regard to the particular parcels terminated in proportion
to the work and services actually completed on the parcel or parcels
involved as of the date of termination.
(c) Upon termination of this contract, or any part thereof, for any reason
provided for herein, any and all work actually performed by the Contractor
shall become the property of the City.
16. This contract may be supplemented in the event the scope and character of the
work as provided for herein is materially changed due to substantially revised plans
or additional work as may be required by the City. In such event, the supplemental
3
contract covering only such revisions or changes as agreed upon by the Contractor
and the City shall provide for equitable adjustments regarding the time of
performance including such appropriate increase or decrease in the amount of
compensation as was provided for in the basic contract.
17. The Contractor warrants that no company or person has been employed or
retained, other than a bona fide employee working solely for the Contractor, to
solicit or secure this agreement, and that payment or an agreement has not been
made to pay any company, firm or person, other than a bona fide employee
working solely for the Contractor any fee, commission, 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 shall
have the right to annul this agreement without liability.
18. Any dispute concerning a question of fact in connection with the work hereunder
which is not otherwise disposed of by this agreement, shall be decided by the City
subject only to an appropriate appeal to the court.
19. The Contractor agrees to indemnify, defend and hold harmless the City, its
officers, agents, and employees from any and all claims and losses occurring or
resulting to any and all persons, firms, or corporations furnishing work, services,
materials, or supplies in connection with the performance of this contract, and
from any and all claims and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the Contractor in the performance
of this contract.
20. The parties hereto agree that the Contractor, and any agents and employees of,the
Contractor, in the performance of this agreement, shall act in an independent
capacity and not as officers, employees or agents of the City.
21. This agreement is not assignable by the Contractor, either in whole or in part, and
no portion of the work may be sublet or transferred to any other person or persons
without prior written approval of the City.
22. The Contractor shall comply with all Federal, state, and local laws and ordinances
applicable to the work.
23. It is mutually understood and agreed that no alteration or variation of the terms of
this contract shall be valid unless made in writing and signed by the parties hereto,
and that no oral understanding or agreement not incorporated herein nor any
alteration or variation of the terms hereof, unless made in writing between the
parties hereto, shall be binding on any and all of the parties hereto.
24. All information contained in the appraisal(s) and review appraisal, and all parts
thereof, are to be treated as a privileged communication. The Contractor shall
ROD
4 SICI ly
take all necessary steps to insure that there will not be any information divulged
concerning the review appraisal except to a duly authorized representative of the
City or a duly authorized representative of the Federal Aviation Administration, or
as otherwise required by court order.
25. The Contractor shall be available for consultation (including, but not limited to
discussion of appraisal, review and other market information, appraisal review
notes, etc) with the City and Federal representatives after completion of this
contract, should the need arise. Said consultation shall be contracted for by a
separate agreement in accordance with City's policies, and shall not exceed
$ SEVENTY FIVE dollars($75.00 )per person per hour or
$ SIX HUNDRED dollars($600.00)per day per person.
26. The Contractor agrees that during the performance of this contract equal
employment opportunities shall be provided for all qualified persons and that there
shall not be any discrimination against any employee or applicant because of race,
color, sex, religion, or national origin. The Contractor and associated
subcontractors shall comply with the Civil Rights Act of 1964 and with Executive
Order No. 11246, dated September 24, 1965, or with such other executive orders
and statutes concerning nondiscrimination which may from time to time hereafter
be promulgated.
27. The City, the Federal Aviation Administration, The Comptroller General of the
United States, or any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the Contractor which are directly
pertinent to this project for the purpose of making audit, examination, excerpts,
and transcriptions.
28. It is agreed between the parties hereto that in the performance of the terms,
conditions and provisions of this contract by the Contractor that time is of the
essence. The Contractor shall be paid one-half the payment as prescribed in
Paragraph 2 above upon receipt of the review appraisal report. The balance will
be paid upon the City receiving evidence that the review appraisal had met all
requirements. Payment of the balance will not be delayed more than ninety (90)
days after initial receipt of the review appraisal report unless the delay results from
deficiencies in the review appraisal. In the event the review appraisal reports are
not received by the date agreed to above, damages shall be assessed at the rate of
$FIFTY dollars($ 50.00 per day until received.
29. Title VI Assurances: 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) Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally assisted progs of
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ON, TEX.
the Department of Transportation (hereinafter, 'DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
(b) 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 prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(c) 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.
(d) Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the
airport or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Regulation, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall
so certify to the City or the FAA., as appropriate, and shall set forth what
efforts it has made to obtain the information.
(e) 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 is or the FAA 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.
6
(f) Incorporation of Provisions. The Contractor shall include the provisions
of paragraphs 1 through 5 in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Contractor shall take such action
with respect to any subcontract or procurement as the City or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that in the event a contractor becomes
involved in, or is threatened with, litigation with a subcontractor or supplier
as a result of such direction, the Contractor may request the City enter into
such litigation to protect the interests of the City and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
30. Disadvantaged Business Enterprise(DBE)Assurances
(a) Policy. It is the policy of the Department of Transportation (DOT) that
DBE business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
(b) DBE obligation. The Contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement. In this
regard, all contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts.
Contractors shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of DOT-assisted contracts.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year herein set
forth.
CITY O WORTH
Executed this day of 2006.
Ass4tdnt City Manager
CONTRALTO�ornerstone Appraisal Companv
Ae
Appr d as to-Form and Legality
By: oy L. Riddel, III Title `
sistant City Attorney
Attested F.
f , = A Contract Authorization �� ' y�� HMO
City 1[endr' f_a (�J�l n M SKINNY City Secr�i:;ry tiJ i � my �5 rbSiW Y
WFUTH, TEX.
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 --Ma a:, A21k , 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„ day of '
2006.
HETTIE LANE _
MY COMMISSION EXPIRES.
July 26,2007 Notary Public in and for the
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 /fou k( 00 E L- ,� , known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this a2-( day of
2006.
c
Notary Public in ana for the
State of Texas
y FRANK L. KLEIN
Notary Public
+ + STATE OF TEXAS
OF
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Page 1 of 2
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 1/31/2006
DATE: Tuesday, January 31, 2006
LOG NAME: 3000RNERSTONE REFERENCE NO.: **C-21278
SUBJECT:
Authorize Execution of Contract with Cornerstone Appraisal Company for Review Appraiser
Assignment for the Noise Mitigation Program at Fort Worth Meacham International Airport (DOE
5101)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a Real Estate Appraisal
Review Contract with Cornerstone Appraisal Company for an amount not to exceed $12,000.00.
DISCUSSION:
On August 24, 2004, (M&C G-14473) the City Council approved the acceptance of a grant from the Federal
Aviation Administration (FAA) in the amount of$3,230,000, with the City's matching portion being $170,000,
for a total funding amount of$3,400,000.00. The formal Grant Agreement was offered to the City on August
22, 2005 and was signed and accepted on August 24, 2005, (City Secretary Contract No. 32232). The
grant is for Phase V (Meacham West Area-formerly labeled as Phase IV-B), and involves the continuation
of the acquisition of 117 parcels of land located within the 65-69 Day-Night Sound Level, noise contour.
In compliance with FAA regulations, prior to initiation of negotiations with landowners, an appraisal firm is
required to appraise the parcels to establish just compensation for the fee simple acquisition of the
properties. These appraisals will be completed in accordance with the award of the contract on December
17, 2002, (M&C C-21181) to DFW Advisors, Ltd. Company.
Also, in compliance with FAA regulations, a review appraisal firm is required to review the appraisal reports
as completed by the above named firm, to concur with the appraised market value and just compensation
amount, and provide written reports based on their review.
Cornerstone Appraisal Company (a M/WBE firm) was selected to provide review appraisals for Phase
V. Principals of this firm performed the review of the appraisals in Phase IV-A. A contract was negotiated
with Cornerstone Appraisal Company for an amount not to exceed $12,000.00.
This project is located in COUNCIL DISTRICT 2, Mapsco 48W.
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Airports Grants Fund.
TO Fund/Account/Centers FROM Fund/Account/Centers
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/8/2006
Page 2 of 2
GR14 539120 055218974230 $12,000.00
Submitted for City Manager's Office b Marc Ott (8476)
Originating Department Head: A. Douglas Rademaker (6157)
Additional Information Contact: A. Douglas Rademaker (6157)
http://www.cfwnet.org/council_packet/Reports/mc_print.asp 3/8/2006