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HomeMy WebLinkAboutContract 43200CITY SECRETARY CONTRACT NO. �Ytld AGREEMENT FOR ACQUSITION CONSULTING SERVICES This Agreement for Acquisition Consulting Services ( "Agreement') is made by and between the City of Fort Worth, a Texas municipal corporation ( "City ") and O.R. Colan Associates, anlllinois limited liability corporation ( "Consultant'). WHEREAS, City desires to acquire avigation easements and fee simple title to properties on behalf of the City of Fort Worth Aviation Department, (referred to herein collectively as the "Property" and individually as "Parcel "), and such acquisition shall be funded with federal and non - federal funds ( "Project'); WHEREAS, City issued a Request for Qualifications for Aviation Land Acquisition Consulting Services on March 31, 2011 ( "RFQ "), and upon receipt of the responses to the RFQ and completion of the RFQ process, City chose Consultant to perform land acquisition services for the Aviation Department; WHEREAS, Consultant shall furnish professional services to acquire avigation easements and fee simple interests of real property on behalf of City for the Project in compliance with all City, Federal, and State procedures and description of work, terms and conditions hereinafter described; and WHEREAS, the Consultant represents that it has the expertise to perform the services of fee simple acquisitions in accordance with applicable federal, state and local standards. NOW THEREFORE, Consultant and City agree as follows: The Consultant shall perform such services in connection with the Project and be compensated therefore in accordance with the following articles of agreement: 1. SERVICES, OBLIGATIONS, RESPONSIBILITIES AND WARRANTIES OF CONSULTANT A. Consultant will acquire Property, Avigation Easements and provide relocation assistance services, if necessary, on behalf of the City and supervise the Project in accordance with the terms of this Agreement. Attached hereto and incorporated for all purposes incident to this Agreement is Exhibit "A "describing the Scope of Work. Any additional projects undertaken will be by separate and distinct task orders and incorporated as a part of Exhibit A. B. Consultant warrants that it is familiar with all procedures required to acquire necessary real property interests in accordance with Federal, State and local law and procedures, as applicable. 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 ( "URA "). C. Consultant shall order a title commitment from the title company, which shall be Universal Title ( "Title Company "). Upon closing of the conveyance of the Parcel, Consultant shall ensure the delivery to the City by the Title Company a policy of title insurance insuring the City with clear fee simple title of the surface of the Parcel. o -) -I I I' AID.,.?, IN OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX D. Consultant will obtain an appraisal of the Parcel to determine the offer amount. 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 a review appraiser hired by the City and a final just compensation value agreed upon between appraiser and review appraiser. E. Upon first contact with the Parcel owner, Consultant shall present to the Parcel owner the Texas Landowner's Bill of Rights and notify the Parcel owner that condemnation will be performed in the event a mutually agreeable just compensation amount is not agreed to. F. No later than the second contact with Parcel owner, Consultant shall present the Parcel owner with a written offer in person or by "Certified Mail" with return receipt and request execution of the contract for purchase in consideration of the amount of the offer. Consultant shall make a minimum of three contacts with the Parcel owner, unless Parcel owner earlier agrees to or rejects the written offer. G. Consultant shall negotiate with Parcel owner in a timely manner. Consultant shall negotiate the offer of compensation only up to the appraised value, unless otherwise instructed in writing by City. H.Consultant 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. Consultant will use City Attorney's Office - approved contract forms and shall deliver such contracts to the Parcel owner. Consultant shall ensure the delivery to the Parcel owner and the Title Company (as defined below) all documents required under the contract and by the Title Company to close the conveyance of the Parcel to the City. All conveyance documents shall be presented to the City Attorney forreview and approval of the transaction before payment of funds to the owners asrequired by FAA. I. Consultant shall assist the escrow company until the transaction is closed. Ifcondemnation is required, Consultant shall prepare the file for such action and return it to the Cityfor further disposition. J. Consultant shall file and record the avigation easement on each Parcel. K. Consultant shall provide relocation services to assist residents in obtaining information on thepurchase or leasing of replacement housing. L. Consultant shall keep in close contact with the City and provide regular progress reports. Upondecisions that need to be made by the City during the acquisition and relocation process, including Last Resort Housing, as defined by the URA, there will be detailed explanation and alternatives provided for the City and FAA to make its decision. M. Consultant shall obtain release of all liens or encumbrances necessary to vest clean fee simple title to each Parcel in the City. N. Consultant shall assist the Title Company as needed to close any acquisition of the Property. O. Consultant shall assist the City as requested by the City in preparations for condemnation P. Consultant shall maintain a complete, legible diary ( "Contact Diary") of each contact made with each Parcel owner, to include the time, place, amount of offer, person(s) to whom offer was made, all parties present, and owner's response. Consultant shall provide copies to the City of the Contact Diary on a quarterly basis, and shall provide other periodic reports as may be required by the City, at City's sole discretion. Q. Consultant 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. R. Consultant shall notify the City in writing as soon as practicable if it becomes aware of any possible or potential environmental concern on any Parcel. If, following receipt of Consultant's notification, City determines the Parcel requires environmental investigation, Consultant shall cease all negotiations on the acquisition of the Parcel until the City notifies Consultant to resume negotiations. S. Consultant shall deliver to the City the correction of any deficient work performed by Consultant on the Project no later than 15 days after receipt of written notification of such deficiency by the City. Consultant shall perform and deliver corrected work to the City at Consultant's sole expense, and Consultant shall not be compensated for any work done to correct any deficient work that was under Consultant's control. T. Consultant shall make available to City, the Federal Aviation Administration, the Comptroller General of the United States, or any of their duly authorized representatives, 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. 2. OBLIGATIONS OF CITY A. The City shall furnish applicable manuals of procedures and appropriate policy directives concerning the Project. B. During the negotiation phase of the acquisition of the Property, City shall provide to Consultant the answer to questions posed by the Parcel owner that the Consultant has transmitted to City in writing. C. The City shall review and accept or reject any work performed by the Consultant on the Project in thirty (30) days or less from the date of receipt by the City. D. When deemed necessary, as determined by the sole discretion of City, the City will provide funds for appraisal review and escrow charges, provided that such payment shall be made directly to the provider and not to Consultant. 3. TERM. This Agreement shall commence on April 11, 2012 ( "Effective Date ") and terminate on August, 11, 2016 ( "Expiration Date "), unless terminated early in accordance with the provisions of this Agreement. 4. COMPENSATION. The City shall pay Consultant an amount not to exceed $65,000.00 in accordance with the provisions of this Agreement ( "Consultant's Fee ")for Task Order #1 and shown as Exhibit "A ". City will reimburse Consultant for services monthly for all salaries, overhead, expenses and profit on the following basis: Consultant will bill City monthly for Consultant's services in accordance with the itemized Schedule of Rates attached hereto and made a part hereof as Schedule "B ". Payment shall be made for Consultant's serviceson an hourly basis (with no additive for overtime) plus a fixed overhead percentage of 177.88 %, profit of 15.00 %, and expense reimbursement at 11 % of total hourly rate. Consultant will add a multiplier of 10% on all subconsultant costs. Consultant shall not perform any additional services for the City not specified by this Agreement unless the City requests and approves in writing the additional costs for such services. The City shall not be liable for any additional expenses of Consultant not specified by this Agreement unless the City first approves such expenses in writing. 5. TERMINATION. 5.1. Written Notice. The City or Consultant may terminate this Agreement at any time and for any reason by providing the other party with 30 days written notice of termination. 5.2 Non - appropriation of Funds. In the event no funds or insufficient funds are appropriated by the City in any fiscal period for any payments due hereunder, City will notify Consultant of such occurrence and this Agreement shall terminate on the last day of the fiscal period for which appropriations were received without penalty or expense to the City of any kind whatsoever, except as to the portions of the payments herein agreed upon for which funds shall be or has been appropriated. 5.3 Duties and Obligations of the Parties. 5.3.1 In the event that this Agreement is terminated prior to the Expiration Date, the City shall pay Consultant for services actually rendered as of the effective date of termination and Consultant shall continue to provide the City with services requested by the City and in accordance with this Agreement up to the effective date of termination. 5.3.2 Consultant, upon expiration or termination of this Agreement, shall furnish transmittal of the Contact Diary, all correspondence, Title Company instructions, conveyance documents pursuant to all negotiated transactions, and written recommendations regarding acquisition in those cases where Consultant's negotiation failed. All submittals pursuant to this Section 5.3.2 shall be subject to review by the City. If City, in City's sole discretion, determines that any submittal is incomplete or inaccurate, City shall notify Consultant in writing, and Consultant shall have 10 business days to provide City with the requested documentation. Consultant's obligations under this Section 5.3.2 shall survive the expiration or termination of this Agreement. 5.3.3 Consultant shall cooperate with City and Federal representatives on any audit or examination that is performed on the Project. Consultant's obligations under this Section 5.3.3 shall survive the expiration or termination of this Agreement. 6. DISCLOSURE OF CONFLICTS AND CONFIDENTIAL INFORMATION. Consultant hereby warrants to the City that Consultant has made full disclosure in writing of any existing or potential conflicts of interest related to Consultant's services under this Agreement. In the event that any conflicts of interest arise after the Effective Date of this Agreement, Consultant hereby agrees immediately to make full disclosure to the City in writing. Consultant, for itself and its officers, agents and employees, further agrees that it shall treat all information provided to it by the City as confidential and shall not disclose any such information to a third party without the prior written approval of the City. Consultant shall store and maintain City information in a secure manner and shall not allow unauthorized users to access, modify, delete or otherwise corrupt City Information in any way. Consultant shall notify the City immediately if the security or integrity of any City information has been compromised or is believed to have been compromised. 7. RIGHT TO AUDIT. Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this contract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of the consultant involving transactions relating to this Contract. Consultant agrees that the City shall have access during normal working hours to all necessary Consultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The City shall give Consultant reasonable advance notice of intended audits. Consultant further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the City shall, until expiration of three (3) years after final payment of the subcontract, have access to and the right to examine at reasonable times any directly pertinent books, documents, papers and records of such subconsultant involving transactions related to the subcontract, and further that City shall have access during normal working hours to all subconsultant facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this paragraph. City shall give subconsultant reasonable notice of intended audits. 8. INDEPENDENT CONSULTANT. It is expressly understood and agreed that Consultant shall operate as an independent Consultant as to all rights and privileges granted herein, and not as agent, representative or employee of the City. Subject to and in accordance with the conditions and provisions of this Agreement, Consultant shall have the exclusive right to control the details of its operations and activities and be solely responsible for the acts and omissions of its officers, agents, servants, employees, Consultants and subconsultants. Consultant acknowledges that the doctrine of respondeat superior shall not apply as between the City, its officers, agents, servants and employees, and Consultant, its officers, agents, employees, servants, Consultants and subconsultants. Consultant further agrees that nothing herein shall be construed as the creation of a partnership or joint enterprise between City and Consultant. 5 9. LIABILITY AND INDEMNIFICATION. CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL PROPERTY LOSS, PROPERTY DAMAGE AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, TO THE EXTENT CAUSED BY THE NEGLIGENT ACT(S) OR OMISSION(S), MALFEASANCE OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. CONSULTANT COVENANTS AND AGREES TO, AND DOES HEREBY, INDEMNIFY, HOLD HARMLESS AND DEFEND THE CITY, ITS OFFICERS, AGENTS, SERVANTS AND EMPLOYEES, FROM AND AGAINST ANY AND ALL CLAIMS OR LAWSUITS FOR PROPERTY DAMAGE, LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS), AND PERSONAL INJURY, INCLUDING DEATH, TO ANY AND ALL PERSONS, OF ANY KIND OR CHARACTER, WHETHER REAL OR ASSERTED, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, TO THE EXTENT CAUSED BY THE NEGLIGENT ACTS OR OMISSIONS OR MALFEASANCE OF CONSULTANT, ITS OFFICERS, AGENTS, SERVANTS OR EMPLOYEES. 10. ASSIGNMENT AND SUBCONTRACTING. Consultant shall not assign or subcontract any of its duties, obligations or rights under this Agreement without the prior written consent of the City. 11. INSURANCE. Consultant shall provide the City with certificate(s) of insurance documenting policies of the following minimum coverage limits that are to be in effect prior to commencement of any work pursuant to this Agreement: 11.0 Coverage and Limits (a) Commercial General Liability $1,000,000 Each Occurrence $1,000,000 Aggregate (b) Automobile Liability $1,000,000 Each accident on a combined single limit basis or $250,000 Property damage $500,000 Bodily injury per person per occurrence Coverage shall be on any vehicle used by the Consultant, its employees, agents, representatives in the course of the providing services under this Agreement. "Any vehicle" shall be any vehicle owned, hired and non - owned M (c) Worker's Compensation Statutory limits Employer's liability $100,000 Each accident/occurrence $100,000 Disease - per each employee $500,000 Disease - policy limit This coverage may be written as follows: Workers' Compensation and Employers' Liability coverage with limits consistent with statutory benefits outlined in the Texas workers' Compensation Act (Art. 8308 — 1.01 et seq. Tex. Rev. Civ. Stat.) and minimum policy limits for Employers' Liability of $100,000 each accident/occurrence, $500,000 bodily injury disease policy limit and $100,000 per disease per employee (d) Errors & Omissions $1,000,000 Each Claim Limit $1,000,000 Aggregate Limit Errors & Omissions coverage may be provided through an endorsement to the Commercial General Liability (CGL) policy, or a separate policy. Either is acceptable if coverage meets all other requirements. Coverage shall be claims -made, and maintained for the duration of the contractual agreement and for two (2) years following completion of services provided. An annual certificate of insurance shall be submitted to the City to evidence coverage. 11.2 Certificates. Certificates of Insurance evidencing that the Consultant has obtained all required insurance shall be delivered to the City prior to Consultant proceeding with any work pursuant to this Agreement. All policies shall be endorsed to name the City as an additional insured thereon, as its interests may appear. The term City shall include its employees, officers, officials, agent, and volunteers in respect to the contracted services. Any failure on the part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirement. A minimum of thirty (30)days' notice of cancellation or reduction in limits of coverage shall be provided to the City. Ten (10) days' notice shall be acceptable in the event of non - payment of premium. Such terms shall be endorsed onto Consultant's insurance policies. Notice shall be sent to the Risk Manager, City of Fort Worth, 1000 Throckmorton, Fort Worth, Texas 76102, with copies to the City Attorney at the same address. 12. COMPLIANCE WITH LAWS, ORDINANCES, RULES AND REGULATIONS Consultant agrees to comply with all applicable federal, state and local laws, ordinances, rules and regulations. If the City notifies Consultant of any violation of such laws, rA ordinances, rules or regulations, Consultant shall immediately desist from and correct the violation. 13. MINORITY AND WOMAN BUSINESS ENTERPRISE ( MWWBE) PARTICIPATION In accordance with City Ordinance No. 15530, the City has goals for the participation of minority business enterprises and woman business enterprises ( "MWWBE ") in City contracts. Consultant acknowledges there will not be an MWBE Goal established for this Agreement. Any misrepresentation of facts (other than a negligent misrepresentation) and /or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years 14. NON - DISCRIMINATION COVENANT. Consultant, in the execution, performance or attempted performance of this Agreement, shall comply with all non - discrimination requirements of Section 17 -88 of the City of Fort Worth Code of Ordinances. Consultant may not discriminate against any person because of race, color, sex, gender, religion, national origin, familial status, disability or perceived disability, sexual orientation, gender identity, gender expression, or transgender, nor will Consultant permit its officers, members, agents, employees, personal representatives, assigns, subconsultants or successors in interest to engage in such discrimination. If any claim arises from an alleged violation of this non - discrimination covenant by Consultant, its officers, members, agents, employees, personal representatives, assigns, subconsultants or successors in interest, Consultant agrees to assume such liability and to indemnify and defend the City and hold the City harmless from such claim. 15. NOTICES. Notices required pursuant to the provisions of this Agreement shall be conclusively determined to have been delivered on the earlier date of the date actually received or the third day following (i) deposit in a United States Postal Service post office or receptacle; (ii) with proper postage, certified mail return receipt requested; and (iii) addressed to the other party at the address set out below or at such other address as the receiving party designates by proper notice to the sending party. To The CITY: City of Fort Worth /Aviation Department 4201 N. Main, Suite 200 Fort Worth, Texas 76106 Facsimile: (817) 392 -5413 With a copy to: City Attorney's Office City of Fort Worth 1000 Throckmorton Fort Worth, Texas 76102 16. SOLICITATION OF EMPLOYEES. To CONSULTANT: O.R. Colan Associates 2260 Pool Road, Suite 300 Grapevine, Texas 76051 Facsimile: (817) 416 -0857 0 Neither the City nor Consultant shall, during the term of this agreement and additionally a period of one year after its termination, solicit for employment or employ, whether as employee or independent Consultant, any person who is or has been employed by the other during the term of this Agreement, without the prior written consent of the person's employer. 17. GOVERNMENTAL POWERS. It is understood and agreed that by execution of this Agreement, the City does not waive or surrender any of its governmental powers. 18. NO WAIVER. The failure of the City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of the City's or Consultant's respective right to insist upon appropriate performance or to assert any such right on any future occasion. 19. CONSTRUCTION. This Agreement shall be construed in accordance with the internal laws of the State of Texas. If any action, whether real or asserted, at law or in equity, is brought on the basis of this Agreement, venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas, Fort Worth Division. 20. SEVERABILITY. If any provision of this Agreement is held to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired. 21. FORCE MAJEURE. The City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control (force majeure), including, but not limited to, compliance with any government law, ordinance or regulation, acts of God, acts of the public enemy, fires, strikes, lockouts, natural disasters, wars, riots, material or labor restrictions by any governmental authority, transportation problems and /or any other similar causes. 22. HEADINGS NOT CONTROLLING. Headings and titles used in this Agreement are for reference purposes only and shall not be deemed a part of this Agreement. 23. REVIEW OF COUNSEL. The parties acknowledge that each party and its counsel have reviewed and revised this Agreement and that the normal rules of construction to the effect that any ambiguities are to be resolved against the drafting party shall not be employed in the interpretation of this Agreement or exhibits hereto. 9 24. ENTIRETY OF AGREEMENT. This Agreement, including the schedule of exhibits attached hereto and any documents incorporated herein by reference, contains the entire understanding and agreement between the City and Consultant, their assigns and successors in interest, as to the matters contained herein. Any prior or contemporaneous oral or written agreement is hereby declared null and void to the extent in conflict with any provision of this Agreement. IN WITNESS WHEREOF, the parties hereto have executed this Agreement in multiples this I day of 1 , 2012. CITY OF FORT WORTH: —9 ?"CONSULTANT: CONSULTANT: By: 74:: 47 a6 �.L. Fernando Costa Assistant City Manager RECOMMENDED: Bill We stead Acting Aviation Director AP ROVED AS TO-FORM AND LEGALITY: Leann Guzman i Assistant City Attorney *ep Toth A41 Chief Operating Officer 1 -t contract huthozizatioa Onto OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 10 Exhibit "A" Task Order #1 1. To conduct an Avigation Easement Valuation Study in order to determine the value of an Avigation Easement in vicinity of AFW. Reference pages 9 -43 & 44 of the December 2010 URS Study for the Fort Worth Alliance Airport Noise Compatibility Program. 2. To appraise four rural residential properties in Program areas 2, 3 and 4 for acquisition in accordance with the Fort Worth Alliance Airport Noise Compatibility Program as recommended in the December 2010 URS study. 3. Acquire title policies for four rural residential properties. The fee for item one would be no more than $50,000 and the fee for item two would be no more than $15,000 totaling no more than $65,000. 11 Exhibit "B" Schedule Of Rates 12 Exhibit "B" Lard Acquisition and Avigation F-as rn Acquisition Services Alliance Airport Rate-, Schedule R Col n Associates AVERAGE HOURLY RATE BASE OH FEE TOTAL HourlV Rate 177.88% 15% Technical Advisor $50.00 $88.94 $20.84 $159.78 Senior Manager /Principal $46.00 $81.82 $19.17 $147.00 Project Manager $39.00 $69.37 $16.26 $124.63 Acquisition Agent $31.00 $55.14 $12.92 $99.06 Relocation Agent $30.00 $53.36 $12.50 $95.87 Administrative Assistant $18.00 $32.02 $7.50 $57.52 O.R. Coian Associates 412512012 M &C Review Page I of 2 COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20079 -03 -2012 and 20080 -03 -2012 DATE: 3/6/2012 REFERENCE * *C -25469 LOG NAME: 55AFW NOISE MITIGATION NO.: CONSULTANT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Use of Gas Lease Revenue in the Amount Not to Exceed $65,000.00 to Conduct a Valuation Study of 223 Avigation Easements and Appraisal of Four Rural Properties for Acquisition in Accordance with the Fort Worth Alliance Airport Noise Compatibility Program and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize use of gas lease revenue in the amount not to exceed $65,000.00 to (i) conduct a Valuation Study of 223 Avigation Easements and (ii) appraise four rural properties for acquisition in accordance with the Fort Worth Alliance Airport Noise Compatibility Program; 2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of $65,000.00 from available funds; 3. Authorize transfer of funds from the Airports Gas Lease Project Fund to the Municipal Airports Fund in the amount of $65,000.00; and 4. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $65,000.00 from available funds. DISCUSSION: On December 6, 2010, the Federal Aviation Administration (FAA) approved the Noise Compatibility Plan for Alliance Airport which includes the acquisition of 4 rural properties and 223 avigation easements. Starting with the 2012 noise grants, the FAA states that applications for noise land acquisitions must be accompanied by completed appraisals. On October 18, 2011, (M &C -C- 25222) the City Council approved a 5 Year On -Call Agreement with O.R. Colan in an amount not to exceed $70,000.00 for Real Estate Consulting Services with actual work undertaken by separate and distinct task orders. Task Order Number One under the O.R. Colan Agreement will be to (i) conduct an Avigation Easement Valuation Study in order to determine the value of an avigation easement in the vicinity of Alliance Airport and (ii) appraise four rural residential properties for acquisition in accordance with the Alliance Noise Compatibility Program. Staff has reviewed their proposal and recommends proceeding with Task Order Number One. In order to proceed it is necessary to utilize gas lease revenue to fund the Task Order Number One. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Municipal Airports Fund. http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID = 16569 &councildate = 3/6/2012 5/3/2012 CITY LOUNICIL AGENDA Fc��r 4 ' COUNCIL ACTION: Approved on 3/6/2012 - Ordinance No. 20079 -03 -2012 and 20080 -03 -2012 DATE: 3/6/2012 REFERENCE * *C -25469 LOG NAME: 55AFW NOISE MITIGATION NO.: CONSULTANT CODE: C TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Use of Gas Lease Revenue in the Amount Not to Exceed $65,000.00 to Conduct a Valuation Study of 223 Avigation Easements and Appraisal of Four Rural Properties for Acquisition in Accordance with the Fort Worth Alliance Airport Noise Compatibility Program and Adopt Appropriation Ordinances (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize use of gas lease revenue in the amount not to exceed $65,000.00 to (i) conduct a Valuation Study of 223 Avigation Easements and (ii) appraise four rural properties for acquisition in accordance with the Fort Worth Alliance Airport Noise Compatibility Program; 2. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Airports Gas Lease Project Fund in the amount of $65,000.00 from available funds; 3. Authorize transfer of funds from the Airports Gas Lease Project Fund to the Municipal Airports Fund in the amount of $65,000.00; and 4. Adopt attached appropriation ordinance increasing estimated receipts and appropriations in the Municipal Airports Fund in the amount of $65,000.00 from available funds. DISCUSSION: On December 6, 2010, the Federal Aviation Administration (FAA) approved the Noise Compatibility Plan for Alliance Airport which includes the acquisition of 4 rural properties and 223 avigation easements. Starting with the 2012 noise grants, the FAA states that applications for noise land acquisitions must be accompanied by completed appraisals. On October 18, 2011, (M &C -C- 25222) the City Council approved a 5 Year On -Call Agreement with O.R. Colan in an amount not to exceed $70,000.00 for Real Estate Consulting Services with actual work undertaken by separate and distinct task orders. Task Order Number One under the O.R. Colan Agreement will be to (i) conduct an Avigation Easement Valuation Study in order to determine the value of an avigation easement in the vicinity of Alliance Airport and (ii) appraise four rural residential properties for acquisition in accordance with the Alliance Noise Compatibility Program. Staff has reviewed their proposal and recommends proceeding with Task Order Number One. In order to proceed it is necessary to utilize gas lease revenue to fund the Task Order Number One. FISCAL INFORMATION /CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the current operating budget, as appropriated, of the Municipal Airports Fund. http: // apps .cfwnet.org /council _packet /mc_ review. asp ?ID = 16569 &councildate = 3/6/2012 5/3/2012 M &C Review TO Fund /Account /Centers 2) P240 446200 551929990100 $65,000.00 2)P240 538040 551929990100 $65,000.00 3) PE40 476240 0551002 $65,000.00 4) PE40 531200 0551002 $65,000.00 4) PE40 446200 0551002 $65,000.00 Page 2 of 2 FROM Fund /Account /Centers 3) P240 538040 551929990100 $65,000.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Bill Welstead (5402) Additional Information Contact: Aya Ealy (5406) ATTACHMENTS 55AFW NOISE MITIGATION CONSULTANT P240 A012.doc 55AFW NOISE MITIGATION CONSULTANT PE40 A012.doc SKMBT C220120227,08530 .pd http: // apps .cfwnet.org /council _packet /mc_ review. asp ?1D = 16569 &councildate= 3/6/2012 5/3/2012