HomeMy WebLinkAboutContract 45241 (2)MY SECRETARY �.
CONTRACT O
AGREEMENT FOR
ACQUSITION SERVICES
This Agreement for Acquisition Services ("Agreement") is made by and between the City of
Fort Worth, a Texas municipal corporation ("City") and 0 R. Colan Associates, an Illinois Limited
Liability Corporation ("Consultant").
WHEREAS, City desires to acquire 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 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 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 AND WARRANTIES OF CONSULTANT
A. Consultant will acquire Property on behalf of the City and supervise the Project in accordance
with the terms of this Agreement and shall make every attempt to acquire the Property in
accordance with the Property acquisition schedule provided to Consultant by City in accordance
with Section 2(B). 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.
C Consultant shall order a title commitment from the title company, which shall be Alamo 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.
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.
11-09-11 Al 1:25
OFFICIAL RECORD
CITY SECRETARY
ifT. WORTH, TX
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 contracts for the purchase of the Property using 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 closing documents, including but not limited to closing statements and
deeds, shall be presented to the City Attorney's Office for review and approval before the
closing of the transaction.
I. Consultant shall obtain release of all liens or encumbrances necessary to vest clean fee
simple title to each Parcel in the City.
J. Consultant shall assist the Title Company as needed to close any acquisition of the Property.
K. Consultant shall assist the City as requested by the City in preparations for condemnation.
L. 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.
M. 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.
N. 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
O. 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.
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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 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.
E 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 Consultants
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.
3. TERM.
This Agreement shall commence on November 1, 2011 ("Effective Date") and terminate
on October 31, 2016, unless terminated early in accordance with the provisions of this
Agreement
5. COMPENSATION.
The City shall pay Consultant an amount not to exceed $70,000.00 in accordance with the
provisions of this Agreement ("Consultant's Fee '). City will reimburse Consultant for services
monthly for all salaries, overhead, expenses and profit as shown in Schedule B Payment will
be made on the following basis:
Consultant will bill City monthly for Consultant services under the rate schedule as
connected with this agreement as shown on the itemized Schedule of Rates attached hereto
and made a part hereof as Schedule B on an hourly basis (with no additive for overtime) plus a
fixed overhead percentage of 175.88%, profit of 15.00%, and expense reimbursement at 11% of
total hourly rate. Consultant will add a multiplier of 10% on all sub consultant 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.
6. TERMINATION.
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6.1. 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.
6.2 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.
6.3 Duties and Obligations of the Parties.
6.3.1 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.
6.3.2 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 6.3.2 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
Consultants obligations under this Section 6.3.2 shall survive the expiration or
termination of this Agreement.
6.3 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 6 3.3 shall survive the expiration or termination of this
Agreement.
7. 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
wnting 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
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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.
8. 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.
9. 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.
10. LIABILITY AND INDEMNIFICATION.
CONSULTANT SHALL BE LIABLE AND RESPONSIBLE FOR ANY AND ALL
PROPERTY LOSS, PROPERTY DAMAGE ANDIOR 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.
5
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 EITHER PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED
DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST
PROFITS) ANDIOR 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.
11. 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.
12. 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:
12.0 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
(c) Worker's Compensation
Statutory limits
Employer's liability
$100,000 Each accident/occurrence
$100,000 Disease - per each employee
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$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.
12.1 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.
13. 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,
7
ordinances, rules or regulations, Consultant shall immediately desist from and correct the
violation.
14. 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
15. 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.
16. 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
To CONSULTANT:
O.R. Colan Associates
2260 Pool Road, Suite 300
Grapevine, Texas 76051
Facsimile: (817) 416-0857
8
17. SOLICITATION OF EMPLOYEES.
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.
18. 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.
19. 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.
20. 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.
21. 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.
9
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.
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
day of , 2011.
CITY OF FORT WORTH:
By: *---1700101004011
&IL —se
Fernando Costa
Assistant City Manager
RECOMMENDED:
Kenneth L. Penhey, Jr. A.A.E.
Aviation Director
APPROVED AS TO FORM AND LEGALITY:
&VA 6441/1/14'
Leann Guzman
Assistant City Attorney
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CONSULTANT:
Stephen Toth
Chief Operating Officer
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OFFICIAL RECORD
CITY SL‘HETARY
FT. VVORTA TX
EXHIBIT A
Task Order #1
Acquire 3412 Chestnut Avenue, Fort Worth, Texas 76106, Lot 14 Block 5 Worth Hills
Addition
11
Exhibit B for Fort Worth Aviation
Land Acquisition Services
Meacham Airfield
Scope: Acquisition Services for 2 parcels
Rate Schedule o O. R. Colan Associates
AVERAGE HOURLY RATE
Technical Advisor
Senior Manager/Principal
Project Manager
Acquisition Agent
Relocation Agent
Administrative Assistant
BASE OH
177.88%
$50.00
$46.00
$39.00
$31.00
$30.00
$18.00
$88.94
$81.82
$69.37
$55.14
$53.36
$32.02
FEE
15%
$20.84
$19.17
$16.26
$12.92
$12.50
$7.50
TOTAL Hourly Rate
$159.78
$147.00
$124.63
$99.06
$95.87
$57.52
O.R. Colan Associates
10/24/2011
M&C Review
Page 1 of 2
ou
CC GEFDA
COUNCIL ACTION: Approved on 10/18/2011
DATE: 10/18/2011 REFERENCE
NO.:
CODE: C
SUBJECT:
**C-25222
LOG NAMED
PUBLIC
HEARING:
Authorize Execution of a Professional Services Agreement in an Amount Not to Exceed
$70,000.00 with OR Colan Associates for a Five Year On -Call Agreement for Property
Acquisition Services for the Aviation Department (COUNCIL DISTRICTS 2 and 8)
550N CALL PROPERTY
ACQUISITION
TYPE: CONSENT
NO
RECOMMENDATION:
It is recommended that the City Council authorize the execution of a Professional Services
Agreement in an amount not to exceed $70,000.00 with OR Colan Associates for a five year On -Call
Agreement for Property Acquisition Services for the Aviation Department.
DISCUSSION:
On March 31, 2011, the Aviation Department issued a Request for Qualifications for Full -Service
Land Acquisition, Avigation Easement Acquisition and Relocation Assistance for the City of Fort
Worth Aviation Department. Seven firms responded to the RFQ and OR Colan Associates was
selected to perform these services. As directed by the Federal Aviation Administration (FAA), the
Aviation Department is obligated to maintain areas surrounding the airports in a manner that is clear
of objects affecting navigable airspace and/or an area with compatible land use. From time to time,
the Aviation Department has a need to acquire property or avigation easements in order to achieve
and maintain clear navigable airspace, compatible land use or for airport development. Having this
agreement in place ensures that the Aviation Department has a qualified firm with experience in
working with Airports on property acquisitions and knowledge of federal, state and local laws and
FAA Advisory Circulars.
This Agreement will be in place for five years with actual work undertaken by separate and distinct
task orders. The Contract will be funded by the Aviation Department operating revenues.
COUNCIL DISTRICTS 2 and 8.
FISCAL INFORMATION/CERTIFICATION:
The Financial Management Services Director certifies that funds are available in the current
Operating Budget, as appropriated, of the Municipal Airports Fund.
TO Fund/Account/Centers
Submitted for Citv Manager's Office bv:
Originating Department Head:
Additional Information Contact:
FROM Fund/Account/Centers
PE40 531200 0551002 $14.000.00
Fernando Costa (6122)
Kent Penney (5403)
Aya Ealy (5406)
http://apps.cfwnet.org/council_packet/mc_review.asp9ID=1 5969&councildate=1 0/1 8/2011 11/4/2011
M&C Review Page 2 of 2
ATTACHMENTS
http://apps.cfwnet org/council_packet/mc_review.asp?ID=1 5969&councildate=1 0/1 8/201 1 11/4/2011
First Amendment to Agreement for Acquisition Services
STATE OF TEXAS 8 CITY SECRETARY CONTRACT NO. Li g
(No M&C Needed)
COUNTY OF TARRANT 6
WHEREAS, the City of Fort Worth (City) and O.R. Colan Associates, (Consultant) made
and entered into City Secretary Contract No.45241, (the Agreement) which was authorized by the
City Council by M&C C-25222 on the 18th day of October 2010; and
WHEREAS, the Agreement involves Land Acquisition Consulting Services for the City of
Fort Worth Aviation Department;
WHEREAS, it has become necessary to execute the First Amendment to Agreement for
Acquisition Services to said Agreement to correct fixed overhead percentage rate;
NOW THEREFORE, City and Consultant, acting herein by and through their duly
authorized representatives, enter into the following agreement which amends the Agreement:
1.
Article 5, of the Agreement is amended to change fixed overhead percentage rate from
175.8 8 % to 177.8 8 % as shown in Schedule B of the Agreement.
2.
All other provisions of the Agreement which are not expressly amended herein shall remain
in full force and effect.
1st Amendment to Agreement for Acquisition Services
Page 1 of 2
OFFICIAf. RECORD
CITY SECRETARY
FT-. WORTH, TX
onthis the -0 cday of .oaf Chi 20) ; in Fort Worth,
Tarrant county, Texas.
EXECUTED
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ATTEST
City Secretary
APPROVAL
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dahon Director
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ENDED:
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A.A.E.
Stephen Toth
• f Operating Officer
Chief p
APPROVED AS TO
Lea Guzman
Assistant City Attorney
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LEGALITY
1st Amendment to Agreement for Acquisition Services
Page 2 of 2
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APPROVED:
Fernando Costa
Assistant City Manager
OFFICIAL RECORD
CITY SECRETARY
FT. WORTH, TX