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HomeMy WebLinkAboutContract 32880 V Ab SECRETARY ,-I ITf?r' CT NO.-"3flD AGREEMENT FOR ACQUISITION AND RELOCATION SERVICES 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 and relocation services at Meacham International Airport, ("Project") in compliance with all City, Federal, and State procedures and description of work, terms and conditions hereinafter described. WHEREAS, the Contractor represents that he/she has the expertise to perform the services of fee simple acquisitions in accordance with standards required by the United States Federal Aviation Administration(FAA) and the Texas State Department of Transportation. 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 acquire the Property contained in exhibit "C" (the Real Property) on behalf of the City and supervise 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. Contractor will administer the project in accordance with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970 (as amended) and implemented by the United States Department of Transportation in 49 CFR Part 24. C. Contractor shall prepare and deliver all documents necessary to convey to the City valid title to the needed real property interests 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 as required by FAA instructions. D. Contractor shall make personal contact with each interested party (owner or tenant) to acquire valid fee simple acquisitions and perform its services as shown on the project map or as instructed in writing by the-City. Contractor shall arrange survey services, but not individual surveys of each parcel, and shall provide an Exhibit"A" Property Map in accordance with attached Appendix"E". F111(,J �,11EC�liB 1 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. F. Contractor in negotiation shall perform only to the limit of authority delineated by the title reports, project maps, determination of fair market value, manual of procedures, acquisition schedule, and/or written instructions issued by the City and the FAA. 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. 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 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 policies, and shall not exceed those rates set forth in Paragraph IV. M. 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 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 kind whatsoever by or to either party; I understand that the property acquired is for use in connection with a Federal-aid 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. OBLIGATIONS OF CITY A. The City shall furnish applicable manuals of procedures, 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 ' 30 days or less from the date of receipt by the City. C. When deemed necessary, determined by the sole discretion of City, the City will provide funds for appraisal review and escrow charges. Payments to owners will be made into escrow in accordance with joint escrow instructions. D. If City determines the property requires additional environmental investigation, Contractor shall not acquire the property until the property owner has cleared or disposed of hazardous materials in compliance with government requirements and as determined by the City. IM CONTRACTOR'S RESPONSIBILITIES 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 that will include the entire Phase V area and all parcels therein. 3 r C. Contractor will obtain an appraisal of each parcel to determine the purchase offer price. The appraisals shall be standard "UAR" format and type and shall only address value from sales comparisons; no information need be included on replacement cost or income approach. Appraisals will be furnished to review appraiser hired by the City and a final just compensation value agreed upon between appraiser and review appraiser. 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 in person or 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. Completed acquisitions will be placed in escrow with instructions signed by the City with the owner. Assist the escrow company until the transaction is closed. If condemnation is required, prepare the file for such action and return it to the City for further 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 and relocation process, including Last Resort Housing, there will be detailed explanation and alternatives provided for the City and FAA to make its decision. G. Provide relocation services to assist residents in obtaining information on the purchase or leasing of replacement housing. H. Contractor will be responsible for boarding-up the improvements and the securing of each parcel acquired until the Phase V area is fenced and under airport control. The fencing of the perimeter of the parcels acquired will be the responsibility of the Contractor, and will be compatible with the existing fencing now securing the airport property. I. Contractor will be responsible for the oversight and supervision of the demolition and removal of all the improvements on parcels acquired, based on a separate contract to be negotiated between the City and a Demolition Contractor. I The Contractor may lease office space at Meacham International Airport Terminal Building by signing a separate lease and paying the agreed market rental amount as determined by the Meacham Airport Manager. Contractor will be required to set up and pay for telephone service and acquire office supplies. Computer equipment, copier and desks used during Phase IV-A acquisitions will be available for Contractors use. 4 f K. If the Phase I Environmental Report indicates a need, determined by the sole discretion of the City, the City will obtain an environmental assessment report on such parcel, and apprise the City of any hazardous materials that may exist. 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. COMPENSATION TO THE CONTRACTOR The Contractor shall be compensated and reimbursed in accordance with the attached "BUDGET FORECAST—PHASE V (on the Meacham Airport Mitigation Maps) labeled as EXHIBIT "B"- COMPENSATION SCHEDULE. 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 $878.421.00 without prior written approval of City. The Billing Statement, in the format attached to and incorporated with EXHIBIT "B", will be submitted on a bi-weekly basis by the Contractor for approval and payment by the City. Approved Payments will be processed within 15 days of receipt of the bi-weekly statements. V. INSURANCE REOUHZEMENTS (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 5 * 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. 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 A:IX 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. 6 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. VII. DAMAGE CLAIMS AND INDEMNIFICATION CONTRACTOR COVENANTS AND AGREES TO AND DOES HEREBY INDEMNIFY, HOLD HARMLESS AND DEFEND,AT ITS OWN EXPENSE,THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIRECTLY OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES AND CAUSED BY THE ALLEGED NEGLIGENCE OF THE CONTRACTOR OR THE ALLEGED CONCURRENT NEGLIGENCE OF THE CITY AND THE CONTRACTOR; PROVIDED THAT THIS INDEMNIFICATION DOES NOT COVER CLAIMS, SUITS OR DAMAGES CAUSED BY THE SOLE NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES OF THE CITY; AND SAID CONTRACTOR DOES HEREBY COVENANT AND AGREE TO ASSUME ALL LIABILITY AND RESPONSIBILITY OF CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES FOR ANY AND ALL CLAIMS OR SUITS FOR PROPERTY LOSS OR DAMAGE AND/OR PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF WHATSOEVER KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH, DIIR OR INDIRECTLY, THE WORK AND SERVICES TO BE PERFORMED BY THE CONTRACTOR, ITS OFFICERS, AGENTS, EMPLOYEES, SUBCONTRACTORS, LICENSEES OR INVITEES AND CAUSED BY THE ALLEGED NEGLIGENCE OF THE CONTRACTOR OR THE ALLEGED CONCURRENT NEGLIGENCE OF THE CITY AND THE CONTRACTOR; PROVIDED THAT THIS INDEMNIFICATION DOES NOT COVER CLAIMS, SUITS, DAMAGES OR INJURY CAUSED BY THE SOLE NEGLIGENCE OF THE OFFICERS, AGENTS, SERVANTS OR EMPLOYEES OF THE CITY. CONTRACTOR LH(EWISE COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY AND HOLD HARMLESS CITY FROM AND AGAINST ANY AND ALL INJURIES, DAMAGE, LOSS OR DESTRUCTION TO PROPERTY OF CITY DURING THE PERFORMANCE OF ANY OF THE TERMS AND CONDITIONS OF THIS CONTRACT AND CAUSED BY THE ALLEGED NEGLIGENCE OF THE CONTRACTOR OR THE ALLEGED CONCURRENT NEGLIGENCE OF THE CITY AND THE CONTRACTOR; PROVIDED THAT THIS INDEMNIFICATION DOES NOT COVER CLAIMS, SUITS, DAMAGES OR INJURY CAUSED BY THE SOLE NEGLIGENCE OF THE OFFICERS,AGENTS, SERVANTS OR EMPLOYEES OF THE CITY. NOTHING IN THIS CONTRACT SHALL BE CONSTRUED AS CREATING ANY LIABILITY IN FAVOR OF ANY THIRD PARTY AGAINST THE CITY. FURTHER, THIS AGREEMENT SHALL NEVER BE CONSTRUED AS RELIEVING ANY THIRD PARTY FROM ANY LIABILITY AGAINST THE CITY. VIII. NON-DISCRIMINATION Title Vl 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 programs of 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 8 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 City or the Federal Aviation Administration to be pertinent to ascertain compliance with such Regulations, 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 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. F. Incorporation of Provisions. The contractor shall include the provisions of paragraphs A through E 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. However, 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 to 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. 9 IX. TERMINATION OF THE CONTRACT A. The performance of the work under this Contract may be terminated by the City 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 specifying the extent to which performance of Work under the Contract is terminated 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 parry 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 June 30, 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 the Federal Aviation Administration. 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. XH. 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. 10 XIII. 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. XIV. PHASE V CONTRACT ONLY This contract constitutes the contract between the parties for Phase V of the Meacham Expansion Project, and labeled as Meacham West Area on the Meacham Airport Noise Mitigation Maps. (Attached as Exhibit "C") Subject to future available funding from FAA and further negotiation between the parties, this Contract may be extended in writing and signed by all parties. 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. XVI. CONSTRUCTION AND VENUE The laws of the State of Texas shall govern this Agreement and the relationship created hereby. Venue for any action brought to interpret or enforce, or arising out of or incident to, the terms of this agreement shall be in Tarrant County, Texas. 11 XVII. 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. XVIII.LIST OF EXHIBffS 1. Exhibit"A"Property Map to be developed by Contractor per Appendix`B". 2. Exhibit`B"Budget Forecast(Compensation Schedule and Billing Statement) 3. Exhibit "C" Meacham Airport Noise Mitigation Maps and Tax Roll Database of Owners-PHASE V Executed this&tiay of , 2005. CONTRACTOR: CITY OF FORT WORTH D .sors Ltd. By. Print Name: fd�lon s r,I I j o By. Title: 1/FL,,,�� v�`u �� Assistant City ager Telephone: Address: City/State: `7-" Approved a o Form and Legality By: Assistant tity,Attorney Attested By. A Marty Hendrix ' City Secretary contract Authorization I Date STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigne4ok? r, a Notary Public in and for the State of Texas, on this day personally appeared —,�;,i�nt riw Mana.9�� 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 2005. HETTIE LANE W MyCOMMISSION EXPIRES No ary Public in and for the July is,zoos 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 4' ,,.1 c-.r iii L✓o , 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 this day of , 2005. �1o�r FRANK IN c # * Notary Pa STATE OF 7EAA �Rotary Public in a for the My 0O•Exp.06/03/2008 State of Texas FRANK L. KLEIN �SY Notary Public * ' * STATE OF TEXAS h aF My cw n.Exp.06/031! 'r 13 EXHIBIT A Appendix E PREPARATION OF, EXHIBIT "A" (AIRPORT PROPERTY MAP) This document prescribes guidance to airport sponsors in preparation of an Exhibit "A" property map for airport projects receiving Federal financial assistance in airport development programs. The Exhibit "A" property map is required as a part of each project _ application. The project application requires certification by the sponsor and reference to the property map regarding the airport land areas owned or controlled and those areas to .be acquired in the project. The Exhibit "All visually portrays all airport land interests presently owned and controlled and to be acquired in upcoming federal projects or without federal assistance. Further, the property title , for land acquired under a grant agreement must be clearly identified and referenced to the Exhibit "A".• General . a. The Exhibit "A" distinctly defines and, by individual parcel or tract, becomes a. continuing. record for: 1) Land interests acquired by the sponsor on or before May 13, 1946; 2) Land interests acquired by the sponsor subsequent to C May 13, . 1946;. 3) Land interests obtained through Surplus Property Agreements (Reg 16 and PL 80-289) ; N 4) Land interests obtained_ through transfer from another Federal agency: (Under Part 154 Transfer .- Sec 16; Sec 23 land; or Sec 516 Land) ; 5) Land interests for which Federal financial assistance has been granted under a FAAP, ADAP, or AIP project; 6) Land (by boundary) to *be acquired with Federal financial assistance in the future (Future development) ; 7) Noise Land which was acquired or is to be acquired with federal assistance; 8)- Land for which Federal financial assistance is requested under a current grant agreement; 9) The nature of the land interests held (fee, avigation easement, etc. ) ; 04/04/91 81 Page 1 of 6 Appendix E 10) Utility easements or other tangible encumbrances on the land; 11) The boundary of the contiguous airport property and boundaries of off-site airport holdings. b. The Exhibit "A" must be based on deeds, current thorough title opinions, a review of the airport layout plan (ALP) , and -prior surveys, drawings, and project documentation. Some field surveying may be necessary to provide the required information. Although a boundary survey is not mandatory, itis encouraged by the FAA. The sponsor, in consultation with the FAA, will determine if a boundary survey will be accomplished, dependent on need, time constraints, and funding authorizations. Costs of such surveys can, with prior FAA approval, be- made eligible as an allowable administrative cost under a project grant agreement. C. When there are no new land purchases in a project, it is acceptable to reference a previous Exhibit "A, " provided it is current and accurate. If a previous Exhibit "A" is referenced, a notation to this effect must be made in the project application. d. The use of an ALP or other similar documents as an "Exhibit "A" is not acceptable. e. If the Exhibit "A" is' to be prepared by a consultant, it is C, important for. the sponsor to determine exactly the information and documentation that is to be furnished by the 'sponsor and the research and survey to be provided .by the. consultant. This division of responsibilities must be well documented in the consultant agreement. . f. Two prints of the preliminary Exhibit "A" should be furnished to the appropriate FAA office for review prior to finalization. g. Mitigation land acquired in connection with understandings contained in environmental agreements are to be included as if acquired for airport purposes. Preparation of Plan Sheets - An Exhibit "A" will usually consist of one or more sheets or drawings. The first sheet should be the basic, property map, including the entire airport property, showing all parcels with identifying numbers and other information. Additional sheets may be added to show details, enlargements, tables, plats, etc. , as necessary. a. Basic details of the plan sheets are as follows: 1) The sheet size: be no larger than 2411, x 3611, and no smaller than .8 1/2" x 14". �- 04/04/91 .82 Page 2 of 6 Appendix E i' 2) All drawings be to scale and -oriented alike, scale and north arrow shown. The scale used should be appropriate for the description data used. Blowups to a larger scale may be necessary to portray individual -parcels in sufficient detail. 3) Contain a title block with name of airport, city location, sheet title - "Exhibit "A" Property Map, " Federal* project number, signed and dated by the sponsor approving official, and sheet number (Sheet of - sheets) . 4) Contain a revision block with date, purpose, and name of person making the revision. 5) Contain a prgparer's block with name, address, checked by, and approved by. 6) Contain a legend on each sheet, identifying each type of line or symbol used that isnot identified by note. . Except where not feasible, legends must be consistent on all sheets, b. Airport details required* on the- plan sheets are: 1) Delineate existing and proposed runway configuration(s) with lengths, widths, number designations, stationing of ends, and displaced or relocated threshold(s) . 2) Delineate existing and proposed Runway Protection Zones (RPZ) with dimensions, type of approach, and slope (20:1, 50:1, etc. ) . Approach and RPZ information is required for each existing and future runway end. To avoid clutter on the drawing, much of the required data can be placed in tabular form at an appropriate location. 3) Delineate runway safety area and Object Free Area (OFA) with dimensions. 4) Show survey ties of-runway(s) to the applicable property description, such as metes and bounds, or section, township, and range. 5) ' Show airport boundary lines with a distinctive symbol. Existing survey information when considered reasonably reliable, should be used whenever possible. Such information can be obtained from prior surveys, ALP's, zoning plans, construction plans, deeds, and recorded plats: (i) Dimensions,, distances, and stationing should be shown in feet and hundredths of feet. 04/04/91 83 1T Page 3 of 6 Appendix E (ii) Angles and bearings should be shown in degrees, minutes, and seconds. C. Land details on the plan sheets would be as follows: 1) Identify all land which is to be developed or used as part of, or in connection with, the airport. Land to be acquired by the sponsor must be identified on the map by individual parcel numbers for each tract of land individually acquired (whether or not Federal participation in the acquisition cost is requested under the current project) showing existing ownership of each tract and the property interest which will be acquired. 2) Designate by area or tract number all airport land currently owned and controlled by sponsor and specify the property interest held (L.e. , "fee simple title", Ilavigation easement", zoning, etc. ) . All contiguous land in. which the sponsor holds an identical property interest may be included within a single designated area. For example, several contiguous parcels which were acquired separately in fee could be included in one- area .designated by a single number. However, if the sponsor is requesting reimbursement under a project for the cost of any land which it currently owns, such land is to be identified with a separate tract number for each parcel individually acquired. 3) Contain accurate legal descriptions that provide sufficient descriptive data (i.e. , section, township, range, lot and block, or metes and bounds) to enable accurate location of each parcel. There must be either: . (i) Descriptive data that matches the deed for each parcel of airport land; or, (ii) Points of reference for tracing the parcel from the deed description by scaling, and in a table' of land parcels, the recording information for each parcel. 4) When-the land acquired affects portions of a platted subdivision, a copy of the plat layout or portion affected is to be made a part of the Exhibit "A." The following information on each plat layout is to be included: (i) Plat name, scale, north arrow, section, township and range numbers. (ii) Plat ties to the rectangular survey system. (iii) Tie runway alignment and stationing to plat boundary. 04/04/91 z84 Page 4 of 6 Appendix E (iv) Add parcel or easement identification numbers, identical to those shown on the basic Exhibit "A" sheet, to affected lots. (v) Show additional information on easements or other encumbrances that 'cannot be readily shown on the basic Exhibit "A" property map sheet. 5) All tracts of land for which Federal participation in the acquisition cost is requested under a project must be distinguished by uniform coloring, shading or crosshatching for that particular project or contain other identifiable means. and should . show the location of buildings, facilities and other improvements located thereon. 6) The airport land is to be designated to show the boundaries in each of three .(3) categories (as applicable) : 1) Current aeronautical use; 2) noise compatibility; and, 3) future development. 7) Identify and accurately locate all easements for water, ( power, drainage, communication, transportation, etc. , and permits which encumber the airport. 8) A table of land parcels should be prepared to summarize land data in a tabular form as shown in the example below., The table would identify all areas and individual parcels showing acreage and property interests held or to be acquired. Parcel Area Owner Recording Info. Interest Acres Fed.Agree. 1 A Jones Book 1 Page 3 Fee 160 ADAP 08 2 B Smith Book 2 Page 1 Ease(34:1) 8 AIP 01 3 C Allen Lease (20 25 ' None Year) Individual columns can either be added or. deleted depending on the project involved. d. The attached map is included as an example of a property map that includes most, if not all, of the descriptive data and information requested. 04/04/91 85 Page 5 of 6 ALoll 141' Loll 9 jo 9 Au'l04 r �� ra.-.rail-veer: �: ■ !� �9 • � - 4 'astn •ttrrrer• t-t. � rf I w i ramal--•a••-- ....;■ .- 1 ! tl ; '1. � ; }1111l1j�1�lilJ�ii�tl�lli{ 1 •a.raarr:•*.=.ear■ j ' a = � r \\ \ \ \\ \ . 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O O O O d U = z z m ) d C ev LT O O Tn O C y C CU aoto 7 y y U A So t0 (OD p 0o m m w x o o oyyw pov o E Ea n o x x m 0 0 m A O O w U 00oy E yL E 0 3 M > n 3 m N 3 R � W 1 Lr c- Oo d O_ O_ x J o 0 0 rn 8 2 8 8 ■ � m a a A K L ' fRR © CCt 40 Go _ o � � q P, � go _ C 16C4 ■ q Q a C4 n _ - - - - 2 8 8 8 r- n R R S of - - - - ® CL � . � \ � � § 2 � 7 � / § � � z � / c 0 ) E 0 2 �cm k § . / § § . _ c o / 2 2 0 / ® 2 . 0 o e , _ § e 2 0 2 ( v ` \ » 2 f . r f a 7 0 J \ @ / _ . A g C E § 2 a - . a e k / 2 � 2 2 2 2 CM § \ 7 ca E { 2 § e ui j j § § , , _ - ■ _ E c $ ) � § a o § 2 g g 3 m 3 o w w o o § \!T 3)2151H/Uy r \U], V\. • The City of Fort Worth, Texas 4�5 K-1-1e a 1/ Meacham International Airport Project A I T, ��f•IE�J Professional Services Pay Request Contract Information Contract Authorization: ; Contract No's.: Contract Title: Agreement for Land Acquisition and Resident Relocation Program Consultant: DFW 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 $ $ AMOUNT DUE $ $ % Complete % 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-Title/Name 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 City of Fort Worth, Texas - Meacham International Airport Professional Services Contract Pay Request No: CONTRACT AUTH. CONTRACT NO. PROGRAM: Agreement for Land Acquisition and Resident Relocation Program 1.. Direct Personnel Billing: Base Direct Number Hourly Personnel Job Title Name of Hours Rate Billing X = $ X = $ X = $ X = $ Direct Personnel Billing Subtotal $ 2.. Subcontractor Billings: See details on next page by Subcontractor Subtotal $ I. Administrative Fee: Computed/billed, per contract, at 10%of Subcontractor Billings Subtotal $ 4.. Reimburseable Costs Billings: See details on next page Subtotal $ Total Amount Earned This Period $ Meacham Bill Detail City of Forth Worth, Texas -Meacham International Airport 2. Detail of Subcontract Billings: (Attach Invoice Copies) Description: Subtotal 4. 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E. E. E. Lo. E- ELE- E. E- o o 0 o 0 0 0 o O O Qr T T T to 1() Lf) Ln to Ln LA 0 LO Ln Lr) 1n 1(•) 1A LA to LA M M J m ti F T (00 � 0 � (OO "tcv) OtiO � MNTa� OOCAO � �[) stMN 0 T T T T T T T T T T T T T N T T T T T T M (D T W x a) W O LLL d) W o .o Q R) W ++ G C NO � x aasX r) oas Cafp) ~aaarss)i Lrn0cL = a)Z EW WW J 06 Q W W O aWaiWaLo > cO a) OoccN0 Mrz :5 - 0 a) Oc ow O ) w oW > n 0 co o o a � W —LL a � 0cQ a3 m c cm E CF cd, c N C C `O E0 O Cvio OE Ecr x O M MP " as ca a7 m m � U > ma � mc�w 3: w OTNCMO (Of- 0000TNM at' 0 (OI- 000) 0 N ('M "t0 (OI,- OD 00 Cl O O O O O O O O O T T T r T T r T r r N N N N N N N N N N M - - - - - - - - - - - T T T T T T T T T T T T T T T T T T T T Q a 1 City of Fort Worth, Texas Mayor and Council Communication COUNCIL ACTION: Approved on 12/6/2005 DATE: Tuesday, December 06, 2005 LOG NAME: 55DFW ADVISORSV REFERENCE NO.: **C-21181 SUBJECT: Award of Contract to DFW Advisors Ltd. Company for Project Management of the Noise Mitigation Program Phase V at Fort Worth Meacham International Airport RECOMMENDATION: It is recommended that the City Council authorize the City Manager to execute a contract with DFW Advisors Ltd. Company to manage the Noise Mitigation Program Phase V at Fort Worth Meacham International Airport for an amount not to exceed $878,421. DISCUSSION: This contract provides for a continuation of the acquisition of parcels based on the Federal Aviation Regulation Part 150 Noise Study for Fort Worth Meacham International Airport, previously adopted by the Fort Worth City Council. This contract is for the fee simple acquisition of properties in Phase V (formerly Phase IV-B, designated as Meacham West Area). Phases I and II (Meacham South Area) involved the acquisition of avigation easements and was completed February 29, 2000. Phase III (Meacham East Area) involved the fee simple acquisition of 36 parcels and was completed September 30, 2002. A grant in the amount of $4,000,000 (Phase IV-A) was awarded by the Federal Aviation Administration (FAA) and accepted by the City Council on September 10, 2002 (via M&C G-13729), to acquire land for noise compatibility/relocation within the 65-69 Day-Night Sound Level. The City's match was $444,444 for a total project amount of $4,444,444. A total of 68 parcels have been acquired with 26 remaining parcels to be acquired through condemnation or negotiated settlement. Phase IV (Meacham West Area) is comprised of 117 parcels. The current funding of $4,444,444 was not sufficient to acquire all the parcels; therefore, Phase IV was divided into Phase IV-A and Phase V (formerly Phase IV-B). On August 24, 2004 (via M&C G-14473), the City Council authorized the acceptance of a grant from the FAA in the amount of $3,230,000 with a City match of $170,000 for a total of $3,400,000. This grant has been accepted by the City as of August 24, 2005 and is now known as Phase V, rather than Phase IV-B as reported in the referenced M&C. A consultant contract negotiated with DFW Advisors Ltd. Company in the amount of $878,421 is for Phase V. The consultant and sub-consultants will perform the scope of work as required in the FAA required "Agreement for Acquisition and Relocation Services" contract. DFW Advisors Ltd. Company is in compliance with the City's DBE Program by committing to 23% DBE participation on this project. Logname: 03HRS01 Page 1 of 2 This project is located in COUNCIL DISTRICT 2, Mapsco 48W FISCAL INFORMATION/CERTIFICATION: The Finance Director certifies that funds are available in the current operating budget, as appropriated, of the Airport Grants Fund. TO Fund/Account/Centers FROM Fund/Account/Centers GR14 539120 055218974230 $878,421.00 Submitted for City Manager's Office by: Marc Ott (8476) Originating Department Head: Mike Feeley (871-5403) Additional Information Contact: Mike Feeley (871-5403) Logname: 03HRS01 Page 2 of 2