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HomeMy WebLinkAboutContract 24026 , - IT Y � ;r 0000000 �� O 000 000 �. o0 0 0 O g 0 - o 0 o goo.o a O o 0 O .:b � �0 0 No00 oo 00000000 1.�.�/ J. 11 ®?`� ." �s f x T Q Na r� n Til P, { ■ i �.��..� AGREEMENT FOR AVIGATION EASEMENT ACQUISITION SERVICES AND/OR ACQUISITION AND RELOCATION SERVICES WHEREAS, Moreland Altobelii_Af spciat�_Inc., ("Contractor") proposes to furnish professional services to acquire avigation casements and/or fee simple acquisitions of real property on behalf of The City of Fort Worth, J'exas, ("''tfy") for development at Fort Worth Alliance Airport ("Project") in compliance with all City, Federal, and State procedures and description of work, tzrnns and conuitions hereinafter described. WHEREAS, the Contractor represents that he/she has the expertise to perform the services of avigation easement acquisitions and/or fee simple acquisition and relocation services in accordance with standards requireu oy the United Stages Federal Aviation Administration (FAA) and the Texas State Departmw -f 1'ransportation. NOW THEREFORE, Contractor ar d City agree Bs follows: The Contractor shall perform such services i►i connection with the Project and be compensated therel'ore in accordance with the following articles of agreement. I 1. OBLIGATIONS OF CONTRACTOR A Contractor will do the acquisition ,,tvl supmision of the Project in accordance with the teens of this agrecntent. 13 Co, actor shall b- tamiliar with all procedures required to acquire necessary real property interests in accordance with City., Federal, and State law and procedures and Federal regi!iations when appropr ate. 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 j'ransportation in 49 CFR Part 24, C. Contractor shall prepare all documents necessary to convey to the City valid title to the needed real property interests and report results of negotiations of the proiect. All conveyance documents shall be presepted to the City Attorney for review and approval of the transaction before payment of fiords to the owners as required by FAA instructions. ;s D Contractor shall make personal contact with °ach interested party (owner or tenant) to acquire valid avigation easement rights and/or fee simple acquisition and perform its services as shown on the project map or as instructed in writing by the City. Contractor shall provide an Exhibit "A" map in accordance with attached Appendix "K" l C. Contractor, no later than the second contact, shat; explain the compensation otter orally anti in w;iting to the real properly owners avd request execution of appropriate conveyance by the owner to City of needed property rights in consideration of the amount of the oiler made. l . Contractor in negotiation shali perfortr only to the limit of authority delineated by tivr title reports, project maps, determination of fair market value, manual of procedures, acquisitio„ schedule, and/or written instructions issued by the City and the FAA C;. Contractor shall maintain a complett, legible diary of each contr , to include the time, place:, amount of oiler, person(s) to whom o33er w?� ;grade, all parties present, and owner's kest,onse in a form approved by the City. I-1. Contractor shall obtain release of all lien's 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 trattsmitt&I of diary, miscellaneous correspondence, escrow instructions, and valid conveyances pursuant to all negotiated transactions, or written recontinrndations regarding future negotiations in those cases where settlement failed. All work shall bf submitted ,s completed to City officials for acceptance or rejection. 1 Contractor shall abide by decisions made by the City on questions concerning acceptability of any work perf'ortned on the project, All decisions made by the City are final. l 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 owner at the City office within 15 days from date of re quest for correction of item 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 Contractor shall maintain an acceptable cost accounting system. The City, the l'-deral Aviation Administration, and the Compkrotler General of the United States shall have access to any books, documents, paper, and records of the contractor which are directly pertinent to the specific contract for the purposes of making an audit, examination, excerpts , and transcriptions. The Contractor shall maintain all required records for three(3) years after the City maces final payment and all other pending niatters arc closed Contractor shall sign and date, upon completion of the s.,cccr.stirl acquisition ci' each parcel the following staternent- i hereby certit}r that the written instruments secured wid forwarded herewith embody all the consideratioas agreed upon between me and the Propetly Owner; agreement on said instruments was reached without coercio-it, promises other than those shown in the instruxi.ents, or threats of any kind whatsoever by or to either party, 1 understand that the parcel is to be secured for use in connection with a Federal- aid project, ! have no direct or indirect present or c,)ntemplated fixture personal interest in the parcel or in any benefit from the acquisition n►' such property. 16. ORIAGATIO Q,_MV A. The City shall furnish applicable manuals of procedures, appropriate policy directives concerning procedures or expense reimbursement for matters not under Contractors tee, deviating instructions in writing„ acquisition schedule, title reports, appraisals, determinations of fair market value, project maps, engineering fi data sufficient to allow the drawing of legal descriptions, and answer questions by the property owner durint,the phase of negotiation. B The City shall review acrd accept or reject any work performed by the Contractor on the project in shirt days or less ti oxt� the date o1'r�ceipt by the City. C When deemed necessary, the City will provide funds for appraisal of the properties and appraisal review, title insurance vesting in the City, .nd escrow charges. Payments to owners will be made into escrow in accordance with joint escrov,, r list ruction S. III. CONTRACTOR'S RESPONSIBILITIES Contractor will perform the following services under this agreement: A Order Preliminary Title Rcports from title company, and ar,ange for closing in escrow with the title company. The contractor will furnish a policy of title insurancr insurin�, the City with clear title to whatever the degree of acquisition is required. B Personally negotiate with property owners in a timely manner and make repeated calls until the ovine: agrees or until the owner displays or communicates an intention to refrain from further negotiations. z t C. When deemed necessary, glace comp!etcd acquisitions in escrow with la,tr ",tions signed by the City with the owner Assist the escrow corl}nany until (lie transaction is closc:u_ If condemnation is required, prepare the Cite for such action and return it to the City for further disposition. D Keep in close contact with the City and give it regular progress reports. Upon decisions that need to be made by the City duffing tine acquisition process, there will be detailed explanation and alternatives provided for that body to stake its decision. IV. B EAC.t1 OIL CONTRAC."I 'ITEITMS Any violation or breach of the terms of this contract on the part of the Contractor or subcontractor rimy `esult in the suspension or terminal-.on of this contract or such other action which may be necessary to enforce the rights of the parties of this ugreement. V. RIGHTS TO INVENTIONS All rights +o inventions a.nd materials generated !,inder this contract are subject to regulations issued by the FAA and the City of the federal grant under i bich this contract is execcrtcd. Information regarding these rights is available from the FAA and the City. V1. TRADE RESTRICTION CLAUSES TO _BE INCLUDED_ �N AFL, SOLICITATMNS,CONTRACTS,AND UBCON'I'RACJS The Contractor or subcontractor, b,1 submission of an oiler and/or execution of a contract, certifies that it A is not owned or controlled by one or snore citizens of a foreign country included in the list ofcountries that discriminate against U.S. firms published by the Otlice of the united States Trade Repres�mtative(I.JSTR); 13. has not knowingly entered into any contract or su,:..ontract for this project with a pf-son that is a citizen „r national of a foreign country on said list or is owned or controlled directly or indirectly by one or more citizens of nationals of a foreign C: country on said lists, C has not procured any product nor subcontracted for the supply of any product for use: on tlae project that is produced in a foreign country on said list Unless the restrictions of tills clause are waived by tti; Secretary of Transportation in t accordance with 49 CfR 10 17, no contract shall be awarded to a Contractor or subcontractor who is unable to certity to the above if the contractor knowingly procures of subcontracts for the supply of any product or service of a foreign country on said list 4 tier use on thc protect, the lyederal Aviation Administration may direct. through the City canc4;iation of the cortract at no cost to the Government, Further, the Contract it agrees that if awarded a contract resulting torn this sclicitation, it will incorpo,-ale this 1rovision for certification without modification in each contract and in all lower The Contractor may rely on the certification of a prospeclivt! unless it. has knowledge that the certification is erroneous The Contractor ash_. ' provide immediate written notice to the City ift",ie Contractor learns th,.t its certitkation or that of a subcontractor was erroneous when submitted or has become erroneous by reason of changed circumstance,,. The subcontractor agrees to provide written notice to the Contractor i•at any fine it learns that its certification was erroneous by reason of changed circumstances. ['his certification is a material representatiou of fact upon which reliance was placed when making;the award if it is tatt✓i determined that the Contractor or subcontractor knowingly rendered an erroneous certification, the Federal Aviation Administration may dir.ryt through the City cancellation of the contract or subcontract for default at no cost to the Covc,rtiit�,ettt. Nothuig contained in the foregoing shall be construed to require establishment of a system of records in order to render, in good faith, the certificatict,, rerluircO i-,y this provision. The knowledge and information of a contractor is not required to exceed that which is normally possessed by a prudent person in that .,dk iary coarse of'business dealings. 'I his certification concern s a ..utter w;),-tin the it risdiction of an agency of the United 'hates of America and the making of F. s-,Ise, fi, ti-tits, or f raudukit certification may ,ender the maker subject to prosecution ui cr I alie 113 United States Code, Section 1001. ('OMPvNSA'JION 1(_2 T HE C'O N'i 1>aAC'"OR p tic Coati actor ?all be compensated and reiniNirsed in accordance with the attached J'w't f.stiniale tier Services" at Fort Worth Alliance Airport labeled as EXHIBIT "B' - "ON- WENSATION SCiIiEDME;. Project expense not to exceed $11,775.45 per 11 M%IWIslnp parcels for a total sum in the amount of$1?. 530.00. The City may include �• Idditional ownerships or delete ownerships during the life of this contract. 1Zctnrin;runient in the amount specified herein snail constitute full compensation for all ccork performed as well as all siipervis:on, labor, supplies, and materials. Notwithstanding anN provision herein to the contrary. Coniractor's compensation shall not exceed 12(),510:1-0 without prior written approval of City t' 5 i a- 4IM IN UltAN(7L Contractor shall take out and mair;tain insiir-ance in. tfW I'vilowrrtg minimum amounts c uiirl� tht, ensue performance of his/her dubc11 O)i-i0prehensive Auto Liabiliiy insurance can all vehicles used in connection with the contract whether owned. non-owned, or hired, limits for bodily iniury or death cif not less than $50,000 for each person and $100,000 fir each oco rrence; property do wage limit of S20,000 for each o(—. urrence. Contractor shall furnish to the City oil reddest certificates of«lsurance evideiicing such insur,i nce coverage. lrasurance is to include a 3(i-day cancellation clause. IX. SOCIAL S1E,CUR TY AliOTHER TAx&s Contractor assumes full responsibility for the payment (if all taxes (including but not limited to use, sales, and income tares), fees, licenses, excises, or other payments required by any City, federal, or State legislation which had been enacted car will be enacted during the terns ofthe contract. The Contractor must also meet the requirements of all ales regulations that have been or may be prornalgated in connection with the project under contract. X. Djl',MAGL E,I.Ai:MS Contractor shall indemnity and hold the City harmless from and against all claims for any and all d'innas;e arising out of or resulting from tine Contractors negligent acts, willful misconduct, errors, or omissions of Contractor in relation to services perforined by Contractor under this Agreement. t°urthernlore, Contractor shall indemnify and hold the City harmless front and against all claims for damage to property caused by the Contractor and all clairos of misrepresentation by Contractor in neg,ztiaiions, in relation to services ped'ormed by Contractor under this Agreement. The claims and damages to which this provision applies shall include reasonable attorney's fee, costs, and expenses, if.^ny. X1. NON-DISCRIMINATION Title VI Assurances: During tine performance of this contract, the Contractor, for itself, it, ,assignees and successors in interest (hereinafter referred to as the `contractor") agrees as Ibilows 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 1, as they gray be amended from time to tine, (hereinafter referred to as the J Regulations), which are herein incorporated by reference and made a part of this c�lntrac� r: B Nondiscrimination. The contractor, with res,ard to the work performed by it duri,ig the contract, shall not discriminate (n the grounds of k-,ace,, color, or national origin in the selection and retention of subcontractors, including procurements of materials and leases cif' equipment 'The contractor shall not participat `her directly or indirec iy in the c iscriininat;on prohibited by Section 21.5 of the Regulations, including; employment Itr,,ctices when the contract covers a program set forth in Appendix B of the Regulations. C Solicitotions 1br Subcontracts, Including Pioct.. Orients of Materials and Equipment. In all solicitzoons either by competitive bidding or negotiation made by (lie contractor for work to be peribrnted uodc a subcontract, including procurements of materials or leases of equiprttent, each p tential subcontractor or supplier shah ' e notitied by the contractor of the contractoe's c bligatiotrs under this contract and the Red ulatioiis relative to nondiscrimination on the grounds of race, color, or national origi,a. D information and Rerorts. The contractor shall provide all information and repo�ls, ro_luired by the Regulations or directives issued pursuant theret, , and shall permit access to its books, recor1s, accounts, outer sources of information, and its facilities as may be deternimed by the City or the Federal Aviation Administration tci be pertinent v) ascertain compliance with such ;egu;ations. 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 shrill so certit,, to the City or the IAA, as appropriate, and shall set forth what etlotis it has made to obtaiiz the information f. Sanctions Ior Noncompliance. In the event of the contractor's noncompliance with the tiondiscriminat or 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--- (I> Withholding of payments to the contractor under the contract until the contractor complies, and/or, C (2) Cancellation, termination, or;suspension of the contract in whole or in part. I Incorporation of Provisions. The contractor shal'. include the provisions of t,arag;raphs A through E in every subcontract, including procurements of materials and leases of equipment, unless exempt by the Regulations or directives issuPd rursuant 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 eitforcinE, 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 irate€ests of the City and, in addition, the contractor may request the United States to enter into such iitigati<)n to protect t+ie interests of the United Sta(es !ill. TE1MINATION OF THE CONTRACT A The City may terminate this contract at any time and for any reason whatsoever by notifying Contractor seven (7) days in advance of terrnir+atioai in writing by certified marl of its Intention to do so. In the event of such termination, the City shall be obligated to reimburse Contractor for services pertormed and expenses Mcurred to date of termination at the rates set forth under Articie IV herein, less prior interim payments, if any. Upon ,,4yrnent of such sums, the City shall be discharged from all liability to the Cont. _ctor hereunder and this contract: shall be considered terminated. This contract shall terminate � ic? unless extended in writing by mutual agreement between the parties-hereto, B Upon termination of contract under Pair graph A above, all documents, records, and file materials shall be turned over to the City by the Co itractor. C All services to be rendered under this contract shall be subject to th direction and approval ofthe FederaE Aviation Administration. 1). The City may, by written notice, terminate this contract in whole or in part at any time, either for the City's convenience or because of failure to fulfill the contract obligations. Upon receipt of such notice, services shall be immediately discontinued (.inless the notice directs otherwise) and all materials as may have been accumulated in performing this contract, whether completed or in delivered it)the City. F: ift fie ten*rination is for the convenience of the City, an equitable adjustment in the contract price shall be made, but no amount shall be allowed for anticipated profit Of unperformed services. i If the termination is due to failure to fulfill the contractor's Oligations, the City mwy take over the work and prosecute the same to completion by contract or otherwise. In such case, the contractor shall be liable to the City for any additional cost occasioned to the City thereby. (; If alter notice of termination fur failure to fuhiill contract obligations, it is dCterntlned that the contractor had not so failed, the termination shall be deemed to have beon effected for the convenience of the City. In such evert, adjustment in I he contras: price shall be made as provided in paragaph E of his clause. I I The rights and remedies of the City provided in ',his clause are in addition to any ,ether rights and remedies provided by law or rund<.-r this contract x Xlil. ASStG!NIVIE°NT OF C'')NTRACT C'ontractor's rights and obligations under this contract shall nut be assigned. 11V. 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 iuru'Izer, to solicit or secure this agreement, and that he/she has not paid or agreed to pay any company, firm, or person, other ;hat a bon-, tide employee working solely for I; m/her. any fee, coramission, percentage, broF,e: ,. L gitls, or a y other cc,nsideration, contingent upon or resulting, rn the award of tbis agreement. For breach or violating of this warranty, the City shall ;e the right to annul this agreement without liability_ 4I)E:PENOENT CONTRACTOR ('ontractor shalt at all times be an independent contractor and not an employee of the City, and shall not be entitled to contpensation or benefits of any kind except as specifically provided fm herein X V1. C'ON'TENT AND i'NDERSTANOING I'll's r!ontract contains the complete and Integrated understanding arl.d agreement between the partie, aruf supersedes any understanding, agreement, or negotiation, whether oral or tikHtlr.n, not sit fOrth herein or in written amendments hereto duly executed by both parties N y'II, IMSAI)VANTAGE:D BUSINESS ENTERPRISE MBE:)ASSURANCES A Policy It is file policy of the Department of Transportation (DOT) that DBE business enterprises as defined in 49 CFR Part 23 shall have the maximum opporlwiity to participate in the perlormance ot'contracts tinarced in whole or in hart with Federal hinds under this agreement. Consequently the DBE requirements o!'49 (1:11k fart 23 apply to this agreement. 13 D131., Obligation. The contractor agrees to ensure that minority business ' enterpriser as detined in 41) C'FR part 23 have the maximum opportunity to participate in the perlorn.ance ol'contracts and subcontracts financed in whole or in par; «rth federal lur?ds provided under this agreement. In this regard, all contractors shall take all necessary and reasonable steps in accordance with 49 ('FR Pan 2.1 to ensure that nrnority business enterprises have the maximum opportunity to compete liar 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. XViil.SUSPENSION AND DEBARMENT.REOUtREMENTS The bidder/offeror/contractor certified, by submission of this proposal or acceptance of this contract, that neither it nor its principals is presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any Federal department or agency. it further agrees by submitting this proposal that it will include this clause without modification in all lower tier transactions, solicitations, proposals, contracts, and subcontracts. Where the bidder/offeror/contractor or any lower tier participant is unable to certify to this statement, it shall attach an explanation to this solicitation/proposal. XIX. PHASE ONE CONTRACT ONLY This Contract constitutes the contract between the parties for Phase One of the Project, acquisition services south of Fort Worth Alliance Airport. Subject to future available funding from FAA and further negotiation between the parties, this Contract may be extended in writing signed by all parties. XX. ENTIRE CONTRACT This Contract, including the attached Exhibits, expresses the entire understanding and agreement between the partits "-reto with respect to the subject matter and supersedes all prior understandings, agreements, representations, or arrangements, oral or written, between 'Jie parties relating to the subject matter of this Contract. r XX1. LIST OF EXHIBITS 1. Exhibit "A" Property Map to be developed by Contractor per Appendix "E". } 2. Exhibit "B" Proposal to Provide Acquisition Services& Estimate of Project Costs. { 4 f C 10 i Executed this y,f day of —. 1998, CITY OFF 'I,W TII By: _ Assistant Citynagew APPROVED AS TO FORM AND LEGALITY: Assistant City Attorney ' 1. CONTRACTOR: � ATTESTED BY MORELAND AL'I'ORE1,11 A OCIATES, INC. City/State:lAtit(I-A rk .-- l �" [ � � Contract author nation Telephone: ice'__�:�.=�`,---3�� — t AV Date N C 1 A STATE OF TEXAS § (-OUNTY OF TARRANT § 131 FORE ME, the undersigned author dy a Notary Public in and for the State of Texas, on this day personally appeared _ews ISM L_`�1.��?�?�'rf� known to me to be the person whose nanic is subscribed to the foregoing instrument, and acknowledged to me that the same ---, the act of file City of Fort Worth and that he executed the same as the act of the said City of Dort 'Vorth for the purposes and consideration therein expressed and in the capacity therein stated. ,1VEN UNDER MY HAND AND SEAL OF OFFICE this ��day of 1998. C� ...-,..,.. o,...,�...,, Notary Pubiic�,J and for a State of Texas ^use SAR14h!JANE 9l�l.E NOTARY PUBLIC * o) State,of Texas Comm. Exp.01.29-2002 STATE OF GEORGIA § COUNTY OF BEFORE ME, the undersigned authority, a Notary Pit lic in and for the State of Georgia, on this day personally appeared i inlg-- i 1 4,f �' (i _ , known to me to be the person(s) whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the Moreland Altobelli Associates, Inc. and that 11e executed the same as the act of the said Moreland Altobelli Associates, Inc. for the purposes and consideration therein expressed and in the capacity therein stated. 61VEN LINDER MY HAND AND SEAL OF OFFICE this �7f' day of 1998. vi?• •'• �, ,�, as _ L�'C't,'- :L_.�'� �--�.1---------_ N Pub ' in and for the State of Georgia �lcd s � \ •C • N 12 s U;a 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 'A" 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 �r 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 May 13 , 1946; 3) Land interests obtained through Surplus Property Agreements (Reg 16 and PL 80-289) ; 4) Land interests obtained through transfer from another Federal agency. (Under Part 151 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 i- requested under a current grant agreement; 9) The nature of the land interests held (fee, avigation easement, etc. ) ; 04/04/91 81 Appendix t lo) Utility ' 'Nsements 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. M though a boundary survey is not mandatory, it is 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 e`_'fec'- 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 important for the sponsor to determine exactly the information and documentation that is to be furnished by the sponsor and the Yesearch and survey to be provided by the consultant. This division of responsibilities must be well documented in the consultant agreement. f. Two r'nts 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 o 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, et-c. , as necessary. a . Basic details of the plan sheets are as follows: 1) The sheet size: be no larger than 24" x 3611 , and no smaller than 8 1/2" x 14" . 04 j 04/9] 82 -Appendix E 2) All dra.winas be to scale and oriented alike, scale and north arrow shown. The scale used should be appropriate for the description data used. Blows}has to a larger scale may be necessary to portray individual p,rcels' in sufficient detail . 3) Contain a titre block with name of airport, city location, sheet title - "Exhibit "A" Property Map, " Federal, project nu):,Iber, 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 LKeparer's block with name, address, checked by, and approved by. 6) Contaj.n a lei d on each sheet, identifying each type of line or symbol used that is not identified by note. Except where not feasible, legends must be consistent on all sheets. b. Airport detains required on the plan sheets are: 1) Dg neate existing and proposed runway configura;.ion(s) with lengths, width!,,, number designations, stationing of ends, and displaced or relocated threshold(s) . 2) DeliLleatg existing and proposed Runway Protection Zones (RPZ) with dimensions, type of approach, and slcr- (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 (CFA) with dimensions. 4) Show survey ties of r - MP-H-4Y-C-sJ 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) imensions, distances, and stationing should be shown in feet and hundre,: t:hs of f�,e'L. 04/04/91 83 i Appendix E (ii) Angles and bearings should be shown in degrees, minutes, and seconds. C. band details on the plan sheets would be as follows: 1) Identify alJ_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 (i.e. , "fee simple title", '°avigation 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 ssjonsor 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) escriptive 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 ) .I en he .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, seals, 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 84 -Appendix E r (iv) Add parcel or easement -identification number identical to those shown on the bads Exhibit "All sheet., to affected lots. M 9bow additional inforratIgi-i on easements or other encumbrances that cannot be readily shown on the basic Exhibit "All property -map sheet.. 5) h1l tra9ts of and for which Federa _I _pArSt'g.2,pation 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. 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 airrort. 8) A table-of--sand 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. p giy c q.1 AXe a Ow -,_K P er pording Info. JDIAX-e—st Aces Fed.Agree. I 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, it not all, of the descriptive data and information requested. 04;9 85 • • �.• tx.Itttt tita j � iiJJl}tifittitlit.lJ4il[t � � � F �� Illll+¢izFtFtFtlt4ls*�z! � � � t , t : z t zzexxt•t�atttatttatat » t sx:t.x: loll !� !!tf tf a.�ettetsi•++st.af t : I 4J� ' N � �°� t•:::ttl.:.:i.eif t•ti�tt t i �t •::::...:..:aa::•aa:.. a � SS � � r a.x•:�••.a•• •• .a tt i alitlx�fl�tiJ:t.IliiB,l.l� t \ ............. I \\ \ ' � � � .\� t•, f INNI i EXHIBIT "B" PROPOSAL TO PROVIDE ACQUISITION SERVICES AT ALLIANCE AIRPORT REVISED FEBRUARY 6, 1998 e SUBMITTED TO CITY OF FT. WORTH, TEXAS DEPARTMENT OF ENGINEERING, REAL PROPERTY MANAGEMENT SUBMITTED BY MORELAND ALTOBEL.LI ASSOCIATES, INC. C UNDERSTANDING OF THE REQUIRED SERVICES The City of Ft. Worth, Texas, desires to conduct a noise mitigation-related acquisition program involving eleven properties near Alliance Airrort. Under this program property owners will be offered the choice of sepling their properties in fee simple acquisition to the City or, if individual owners prefer, an avigation easement may be sold to the City.. This proposal provides Moreland Altobelli Associates Inc.'s (MIAAI) proposed scope of services. SCOPE OF SERVICES MAAI and its subcontractors propose provide comprehensive support in the acquisition of the affected properties or easements. These wi'I include tasks in several broad areas such as:: • Program management • Title opinions and title insurance • Acquisition services • Relocation services • Project documentation • Grant reimbursement support • Completion of an updated Exhibit A All activities will be conducted in accordance with the applicable laws and regulations of the City of Ft. Worth, the State of Texas and the Federal Aviation Administration. Task Descriptions The required services will include completion of several tasks as Jescribed below. Task 1 -- Project Mobilization The initial task we recommend is a meeting involving the appropriate City and consultant personnel to discuss and finalize project procedures and to establish priorities, if applicable, in scheduling the acquisition of specific parcels or easements. "task 2 - Property Owner Identification and Notification Each affected owner will have the option to sell his/!,z property in fee or to sell an avigation easement on the property. In this task, MIAAI will identify the owners and provide them with informational materials that explain the City's program. As the first step in this task Moreland Altobelli will s,-ware title opinions for each of the affected properties. These will provide identification of the owner(s) of the properties for purposes of further contacts by the program rngnager. Upon completion of the title opinions, each ow,,er will then be sent an informational packet by mail. The information provided will inform the owner of the City's program and will explain the owners' options, i.e., seal the property in fee or sell an easement. The packet will include a program selection form, developed by Moreland Altobelli. This form will permit the owners to indicate their respective preferences for selling their properties in fee or to sell the City an avigation easement. Owners will be asked to return these forms by mail to MAAI's project manager. The information will then be compiled as a spreadsheet database. This will facilitate consideration of the financial implications of the uwn,rs' choices with respect to program funding and duration as well as establishing final priorities for the order in which parcels/easements will be purchased. It is likely that some owners will prefer to have appraisals completed and an offer presented prior to deciding whether to sell the property in fee or to sell an easement. In such cases, we recommend complying with the owners' wishes and completing the appraisal process as expeditiously as possible. In those instances in which owners express a preference for selling an easement, MAN will also provide information to the owners regarding any liens or encumbrances which must be released in order for a valid easement to be conveyed to the City. Our experience indicates ?hat this may require contacting mortgage holders to secure their cooperation in subordination of their liens on affected properties. MAAP s Project Manager and Acquisition Specialist will work with affected owners to explain the easement acquisition program and nature of the proposed transaction to the mortgage holder(s) and secure execution of subordination agreements, if possible. It must be noted that some lenders may require that all or part of the easement payment be made to the mortgage company in order for them to complete the subordination. „ Task 3 -- Prepare Property Descriptions MAGI personnel will also advise the property owners of the need to conduct land surveying activities to provide a valid description of the properties affected. Our proposal includes the provision of the surveying services necessary to achieve this objective as well as to provide information needed for updating the Exhibit A. We have secured an estimate of costs for this work from Carter & Burgess, Inc.. MAGI will work directly with Carter & Burgess to complete the necessary surveying. The City's assistance will be needed in securing permission to enter affected properties. Carter & Burgess will complete the necessary surveying and provide property descriptions which include location of each parcel and the tying of these parcels to the existing airport property. Task 4 -- Secure Appraisals In those instances in which the property owner elects to sell in fee, the appraisal process will be straightforward and will be conducted in accordance with FAA and other applicable requirements. Each property will be appraised and the appraisal report will be submitted to the City's review appraiser. (Note: The Cite has secured review appraisal services under a separate contract; therefore, no review appraisal services are included in this scope of services.) The review appraisal process will establish just compensation for the affected properties. This will be the basis for official offer to purchase the subject properties. The Property Ownership Log provided to MAAI by the City indicates that two parcels, Numbers 1 and 2, have Tarrant Appraisal District values for total homestead and additional land that exceed $1,000,000. In those instances it may be necessary to secure two appraisals for submittal to the review appraiser. MAAI does not anticipate the need for second appraisals of other subject properties; however, if this does prove necessary the costs of such appraisals would be approved by the City and shall be added to the total costs associated with the completion of this Scope of Services. In the cases where the property owner prefers to sell an easement, FAA requirements indicate that the valuation of easements must be .accomplished on the basis of appraisals of the property without the easement and with the easement (before and after appraisals). MAAI will provide the legal descriptions secured in Task 2 to our appraisal firm, Eberle Appraisal Services, which will prepare the opinions of value for Both the fee simple act iisitions as well as for acquisition of easements. Task 5 -- Presentation of Offers MAN, s Project Manager or Acquisition Specialist will contact each property owner and schedule a meeting to advise the owner of the City,s interest in acquiring the property or an easement, as applicable, and to explain the purchase offer orally and in written form. The owner will be requested to execute an agreement to convey y the property or an easement subject to securing appropriate title opinion and insurance and to closing of the transaction. We anticipate that the owner will require some period of time for review of the offer and agreement; therefore, we recommend that the documents stipulate that acceptance or rejection shall be required within a specked period of time (to be s9t by the City). Task 6 -- Secure Title Insurance Prior to closing any conveyance of an easement, MAAI will secure title insurance in behalf of the City of Ft. Worth. MAN, s project manager will be responsible for ordering the insurance the costs of which will be billed to the City as part of this contract. Task 7 -- Closing and Recording of Property Deeds and Easements MAN will coordinate with :he affected owners and the title company to schedule closings. MAN, s Project Manager/Acquisition Specialist will attend all closings and will convey the executed easements to the City for recording. Task 8 -- Relocation Services In those instances in which the property owner chooses to sell the property in fee simple title, relocation assistance will be required in consistency with the Uniform Relocation Assistance and Real Property Acquisitions Policies Act of 1970, as amended and as further defined in CFR Part 24, and FAA Order 5100.37A. MAGI will provide relocation services, as required for compliance with these regulations and guidelines. Task 9 -- Update Exhibit A MAN,s subcontractor, Carter & Burgess, will be responsible for preparing an updated Exhibit A for submission to the FAA. Carter & Burgess completed the current Exhibit A and will use existing computer-aided drafting (.JAD) files to complete the update in accordance with FAA requirements. The completed drawing(s) will be submitted to the City and the FAA for review and revised if necessitated by the review process. Task 10 -- Grant Support MAN will provide assistance to the City in completing requests for payment to the FAA for acquisition of the easements and for services performed in completing the acquisition of the easements and the updating of the Exhibit A. Task 11 -- Prepare Project Documentation and Deliverables MAN will maintain complete records of the acquisition process including parcel files and a diary. This diary will include a log of teleph�:-ie, mail and personal contacts i vi .) all owners. It will also indicate the time and location of any meetings with the owners, the purpose of the meetings, those in attendance and the amount of any offer made as well as the person(s) to which the offer was made. The owner,s response will also be recorded. MAAI will work with the City to ensure that the diary is maintained in a form acceptable to the City. MAAI will prepare monthly reports of progress for submission to the City. These G reports will document, as applicable, activities conducted and/or completed, r wmers contacted and the progress made toward completing the scope of services. Any unforeseen difficulties will also be identified and a plan for resolving those problems will be recommended. Deliverable :terns will include the aforementioned diary and progress reports. In addition, accepted or rejected offers for acquisition of properties in fee or of ea: ��,,cments will be turned over to the City and the updated Exhibit A will be conveyed to the City, initially in review draft and as a final approved product. MAAI and its subcontractors, as appropriate, will also provide the Contractor Certification as described in the City,s Agreement for Avigation Easement Acquisition Services. Task 12 -- Other Services MAAI does not anticipate that eminent domain will apply in this program; however, if such proceedings are a result of the program, we and our subcontractors will provide necessary support, such as expert witness testimony. Such services are not included in the estimate of total costs. They will be provided on a time and expenses basis as negotiated with the City. PROJECT ORGANIZATION AND STAFFING Moreland Altobelli Associates, Inc., will serve as the prime contractor for the completion of the services under the Agreement for Avigation Easement Acquisition Services. In this capacity, MAAI will be directly responsible to the City of Ft. Worth for successful completion of this work. Carter & Burgess, Inc., will also serve as a subcontractor to MAAI. The firm will be responsible for completion of the updated Exhibit. If the City elects to secure property descriptions through this Scope of Services, Carter & Burgess will also perform property surveys and complete property descriptions in support of the easements. Eberle Appraisal Services will serve as a subcontractor to MF.AI. The firm will provide appraisal services as described in the Scone of Services. This firm is certified as a DBE/WBE by the City of Ft. Worth Safeco Title of Tarrant will provide title opinions and title insurance. This firm is also certified by the City of Ft. Worth as a DBE by the City. ESTIMATE OF PROJECT COSTS Refer to Attachment 1. .:z COST ESTIMATE FOR SERVICES IN THE ACQUISITION OF AVIGATION EASEMENTS ALLIANCE AIRPORT, FT. WORTH, TEXAN Revised February 5, 1999 Personnel Costs Position Base Rate/ Overhead Fee Total Cost No. Estimated Hour per Hour of Hours Cost Program Manager $ 41.38 $ 45.36 $ 4.97 $ 91.71 24 $ 2,201 Project Manager/ $ 35.27 $ 38.66 $ 4.23 $ 78.17 120 $ 9,380 Acquisition wpecialist Acquisition Specialist $ 25.00 $ 27.41 $ 3.00 $ 55.41 520 $ 28,811 Subtotal — personnel costs $ 40,390 Expenses Unit Cost Quantity Expense Totals Travel @.25/mile $.025/mile 2000 miles $ 500 Miscellaneous lump sum $ 1,440 (computer, copies, postage, etc.) Title Opinions(Safeco) $300/parcel $ 3,300 Title Insurance (Safeco) lump sum $ 38,600 Subtotal --expenses $ 43,840 Subcontractor Costs Exhibst A Preparation(C&B) lump sum $ 2,750 Surdeying (Carter& Burgess) lump sum $ 26,050 Appraisals(Eberle Appraisals) $ 1,500.00 11 $ 16,500 (does NOT include meetings) Subtotal Subcontractor Costs $ 45,300 GRAND TOTAL COSTS $ 129,530 ............................................................................................................................................._................................................................................ ..... OF DBEIWNBE Participation in Grand Total(including 45.77% surveying services) 11/25/1997 15:36 6063313580 HANDYRASSIC PAGE 81 Fax To: Frank Klein Fax: 817/871-8361 Phone: 8171871-8362 Pages: 2, including this cover sheet. Date: November 25, 1997 Moreland Altobelli's legal department has reviewed the proposed contract for the work at Alliance Airport and has made two requests for changes for the City's consideration. These are described on the attaches!page. I have also reviewed the documents and find that certain clauses required by the FAA in our contracts at DFVV'are not in the Alliance contract, Notably these include paragraphs related to inspections of records,riShts to inventions,breach of contract terms and termination of contract(all as provided in 49 CFR Fart 18)as well as the trade restriction clause stipulated by 49 CFI,Pan 30. Other FAA requirements at DFW included the Airport and Airway Improvement Act of 1982,Section$20,General Civil Rights Provisions and 49 CFR Part 29,Certification Regarding Debarment, Suspension,Ineligibility,and Voluntary Exclusion. If the contract language from the City of Ft. worth has been approved by the FAA,please advise. If it has riot, I recommend that you ask Mike Nicely for review and comments before we proceed further. C ,- t I:r25/1997 15:36 60633135BO BANDY94SSOC PAGE 02 SUGGESTIONS FOR AVIGATION KA3UKENT ACQU SMONI URVICES CONTRACT WTrH FORT WORT EL,TEXAS-ALLIANCE AMMRT Arffiide EM Taragrapb 8 "Per zlly ne bate with property owners M a ftmely rrtartneir AM make"Pod colts UMV the owner 6Vves or oves a written request that cOfldeL'tt Won peo"duret be botkuted." Wouldn't it be diific u t to get the owner to regww condamadon? I would suggest:"Persoaslly nfgodate with property owners by a timely wwuw&reel make repeated calls until the owner agrees, or until the owner displays or cor arnuiJewes an intention to retain from ivrther negotlaElons'. Artkie VII-Damage Claims "Contractor shall indemnity►and hold the City hart im fimn artd agab*aft cAVw jtr any and all damage, includang but not lirnited to claims for damage to property or slain of misrepreaernatio-t in nepdations, or due to negligam of the Contractor, bwluft attorne; S'res,costs and expenses, ifatty." According to this provision as it stttrrds,MA will indemn*the City f vrn all claims: 1)relating to worts we've performed, 2)root relating to any work we've perfonned,and 3)not vec essarlly even related to this proje m If a property owner were to get angry and decide to we the City for whatem Mott.Aura though we wary just fvllvwing the instnwdons of the!City,we Mould have to indemnify it. I would suggest:"Cotstmetor shall bwemrtiry and hold the City twrnieu tom and against an claims for Any and all damage arising out of or rmiting from the negligettt ac% straM of omissions of Contractor in relation to services performed by CoaftWor under this Agreement. Furthermore„ Contractor shall indemnify and hold the City harmless ff m and against all claiw4 for damage to property caused by Contractor and all Balms of misrepresentation by Contractor in negotiations, in ndation to services pwfbnnad by Contractor under this Agreement. The claims and daimagcs to which this provision applies shall include reasonable attorney's fees,coats,and expenses.if any." TOTA4. P.01 - �� � ��� ~- "(�� ���Fort ", opxxx° aeamcx � ������ ����=� ������ - Council Communkat����� !-ii---' ---N--'--'-----'--- ����----'-------------NAME 8/30/98 **��.�|��k��y 30��{}RE I of ---'---'8 - CONSULTANT 8EL� CT|C)N AND AVVARC)—DF CONTRACT TO MORELAN[} ALTO8ELL1 ASSOCIATES, INC. FOR PROJECT MANAGEMENT (JF THE NOISE MITIGATION PROGRAM AT FORT WORTH ALLIANCE | � A|RPORT / __ ____~_^_Q^~~ _~ � _ �.� | |t /Sreccnnn`enUedthatthe City Council accept the consultant selection and authorize the C|b/ K4ana8er ' to execute acontna�� vwthK8ore|mndA|{obeUiAonomuUea Inc. to Noise K4iU0eho' pn�grarn | ' � // a� Fm� «�m�hAJUonce��rpu� �ranan�ount not hmexceed $129.530.00. - - On September 15. 1992 (K8&C 0-9880). the City Council authorized the submittal of Federal Aviation Administration (FAA) grant pre-qualification for Federal Assistance. On March 23. 1093 (K4&C G- )0101), the City Council approved adopting the Federal Aviation Regulation (F.A.R.) Pan 150 Noise ! Study for Fort Worth Alliance Airport. The application submitted to the F/�� @|�ovvs the City to acquire | fee simple title or other property interests Uo tracts ofland located within the 65 LDN i (Day-Night �ound Leva|). a� identified m the Fort Worth Alliance Airport Noise Compatibility Program/FAR � Part 150 study, � as approved by the FAA on February 7, 1985. A grant offer was made by the FAA on April 4, 1998. in � the amount of $7,855,000.00, ao� t',laagreement authorized by K8&C C-1 5394 (/\ph| 9. 1AA6\� Funding i in the amount of$3,500,000.00 was allocated for Land - Noise Compatibility under the agreement. � | The City's local rno(oh for this portion of the grant is 10Y6 or $388.888.89. which was established in . M&C C-15997 (April 15. 1997). and satisfied through previous land donation credits. ! In order to anauna the Unne|y completion of this pngmct, it was determined by staff that 8 private | / consultant should be selected to manage this project. The following firms responded to the City's request for ��1atenoentmoy {3uahfixahmne (3OC}), � The Cen(ra Group ' OFVVAdvisors, Ltd. Co. & Tene|[ HUOU|8y & C8rnDU. Inc, � ! Land Acquisition Services, Joint Venture Moreland Abobeh ASSQo|ahBs. Inc. / Each of the firms were interviewed and their qualifications were carefully reviewed. Moreland Alt0bgUi Associates, inc was ae|ocicd based on Meir experience and qualifications. . A consultant cnn!rac\ has been negotiated with Moreland /uk»hmUiAssociates, Inc. in the amount not to exceed $129,530.00. The consultant and sub-consultants will perform the following scope ofwork- Identity current ownership 0|parcels through preliminary UU8 reports; i 2 Personally meet with residential property owners h» establish their preference relative to granting an ! avigation easement or a fee simple sale with relocation services provided if required,- � Id,swo ~ _ �� City of Fort Worth, Texas a r and Counc*1 o unicati s REr _RENCE NumBER LOG NAME F AC.F 6130198 ; **C-,16857 30MORE 1 2 of 2 "}OBJECT -.t CONSULTANT SELECTION AND AWARD OF THE PROFESSIONAL SERVICE j CONTRACT TO MORELAND ALTOBELLI ASSOCIATES, INC. FOR PROJECT it MANAGEMENT OF THE NOISE MITIGATION PROGRAM AT FORT WORTH ALLIANCE € AIRPORT 3, Conduct fair market value appraisals to determine just compensation to be offered for fee simple j acquisition or avigation easements; I 4. Prepare documents to convey valid title to the City; 5. Obtain release of liens as required; 6. Coordinate closing with title company and payment of Just compensation to property owners; 7. Maintain required documentation in accordance with FAA grant funding requirements; and 8. Prepare Exhibit "A" Property Map in accordance with FAA requirements. Moreland Altobelli Associates, !nc, is iri compliance with the City's M/WBE Ordinance by committing to 25% M/WEE participation. The City's goal on this project is 25%. This project is located in COUNCIL DISTRICT 2, Mapsco 7T and 7U. F1 LII F RMA.TIC7_N/QEF3I1F1_CATM: i The Finance Director certifies that upon approval and execution of the above recommendations, funds j will be available in the current operating budget, as appropriated, of the Grant Fund. E RG:rn i ll I i C. 1 F l'tiD 1(C( lN1 L CEN 1 E � CITY SECRETARY for( it.,. Manager's Ullice h.,.: I I71 K,smor(,u fl3rciu ( 1.311 C Y , Ort ginating Department ileatl:----- — �__—_ VN � 1,a A NvIcs S�t{ (trOmt (1)GR76 i 539120 3552186 9010 $129,530,00 Ndditional Information Contact: