HomeMy WebLinkAboutContract 34401 CITY SECRETARY
CONTRACT NO.
AGREEMENT FOR
ACQUISITION SERVICES
LEBOW CHANNEL DRAINAGE IMPROVEMENT PROJECT
WHEREAS, DFW Advisors Ltd. Co. ("Contractor"), proposes to furnish professional
services to acquire fee simple interests of real property on behalf of The City of Fort Worth,
Texas, ("City") for acquisition services for Lebow Channel Drainage Improvement Project,
("Project") in compliance with all City, Federal, and State procedures and description of work,
terms and conditions hereinafter described.
WHEREAS, City has to acquire sixteen (16) properties (Property) as described in
Exhibit "A" for a drainage project, such project called the Lebow Channel Drainage
Improvement Project.
WHEREAS, the Contractor represents ,that he/she has the expertise to perform the
services of fee simple acquisitions.
NOW THEREFORE, Contractor and City agree as follows:
The Contractor shall perform such services in connection with the Project and be compensated
therefore in accordance with the following articles of agreement:
I. OBLIGATIONS OF CONTRACTOR
A. Contractor will do the acquisition and supervision of the Project in accordance
with the terms of this agreement.
B. Contractor shall be familiar with all procedures required to acquire necessary real
property interests in accordance with City, Federal, and State law and procedures
and Federal regulations when appropriate.
C. Contractor shall prepare all documents necessary to convey to the City valid fee
interest title to Property and report results of negotiations of the project. All
conveyance documents shall be presented to the City Attorney for review and
approval of the transaction before payment of funds to the owners.
D. Contractor shall make personal contact with each interested parry (owner) to
acquire valid fee simple acquisitions and perform its services as outlined in this
contract and shown on the Exhibit B or as instructed in writing by the City.
E. Contractor, no later than the second contact, shall explain the compensation offer
orally and in writing to the real property owners and request execution of
appropriate conveyance by the owner to City of needed property rights in
consideration of the amount of the offer made. g,
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F. Contractor in negotiation shall perform only to the limit of authority delineated by
the title reports, project maps, determination of fair market value, acquisition
schedule, and/or written instructions issued by the City.
G. Contractor shall maintain a complete, legible diary of each contact to include the
time,place, amount of offer, person(s)to whom offer was made, all parties present,
and owner's response in a form approved by the City.
H. Contractor shall obtain release of all liens or encumbrances necessary to vest valid
title to required property rights to the City. If Contractor encounters a problem
obtaining clear title to the Property, Contract will inform City of issues and receive
direction from City on how to proceed.
I. Contractor, on or before the date designated in Article IX, hereof, shall furnish
transmittal of diary, miscellaneous correspondence, escrow instructions, and valid
conveyances pursuant to all negotiated transactions, or written recommendations
regarding future negotiations in those cases where settlement failed. All work shall
be submitted as completed to City officials for acceptance or rejection.
J. Contractor shall abide by decisions made by the City on questions concerning
acceptability of any work performed on the project. All decisions made by the City
are final.
K. Contractor shall correct any deficient work performed by him/her on the project
and deliver corrected work to the City at his/her own expense. Corrected work
shall be delivered to the City at the City office within 15 days from date of request
for correction of item.
L. Contractor shall be available for consultation (including, but not limited to
discussion of diary notes and acquisition events) with City representatives after
completion of this agreement, should the need arise.
M. The City shall have access to any books, documents papers and records that are
directly pertinent to this project for the purpose of making audit, examination,
excerpts, and transcriptions.
N. Contractor shall sign and date, upon completion of the successful acquisition of
fee simple title on each parcel,the following statement:
"I hereby certify that the written instruments secured and
forwarded herewith embody all the considerations agreed
upon between me and the Property Owner; agreement on
said instruments was reached without coercion, promises
other than those shown in the instruments, or threats of any
RECORD
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kind whatsoever by or to either party; I understand that the
property acquired is for use in connection with a City
Capital Improvement project; I have no direct or indirect
present or contemplated future personal interest in the
parcel or in any benefit from the acquisition of such
property."
II. OBLIGA'T'IONS OF CITY
A. The City shall furnish appropriate policy directives concerning procedures or
expense reimbursement for matters not under Contractors fee, deviating
instructions in writing, acquisition schedule, and answer questions by the property
owner during the phase of negotiation.
B. The City shall review and accept or reject any work performed by the Contractor
on the project in Lhirty 30 days or less from the date of receipt 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, and escrow
charges. Payments to owners will be made into escrow in accordance with joint
escrow instructions.
D. The City representative for this contract will be Jean Petr, Land Agent, Real
Property, Department of Engineering or another designee as assigned by the
Director, Department of Engineering or his/her designee.
III. CON'TRACTOR'S RESPONSIBILTTIES
Contractor will perform the following services under this agreement:
A. Order Preliminary Title Reports from title company, and arrange for closing in
escrow with the title company. The contractor will furnish a policy of title
insurance insuring the City with clear title to whatever the degree of acquisition is
required.
B. Contractor will obtain a "Phase I" Environmental report from the City's
Environmental Management Department for each property described in Exhibit
"A»
C. Contractor will obtain an appraisal of each parcel to determine the purchase offer
price. The appraisals shall be standard "UAW" format and type and shall only
address value from sales comparisons; no information need be included on
replacement cost or income approach.
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D. Personally negotiate with property owners in a timely manner and make a
minimum of two (2) repeat calls (after the initial visit) until the owner agrees or
rejects the written offer. The written offer will be delivered by "Certified Mail"
with return receipt. The property owner should be advised that the condemnation
procedure will be instituted in the event a mutually agreeable just compensation
amount is not established.
E. Prior to closing, contractor shall send closing documents and proposed closing
instructions to the City, Real Property contact, for review and approval. Assist
the title company until the transaction is closed. If condemnation is required,
prepare the file for such action and return it to the City for farther disposition.
F. Keep in close contact with the City and provide regular progress reports. Upon
decisions that need to be made by the City during the acquisition process, there
will be detailed explanation and alternatives provided for the City to make its
decision.
G. Contractor will be responsible for arranging with the City of Fort Worth Code
Compliance Department for the demolition and removal of all the improvements
on parcels acquired.
H. If the Phase I Environmental Report indicates a need for additional environmental
assessment, the Contractor shall contact the City to obtain further instructions.
The property shall not be acquired until the property owner has cleared or
disposed of the hazardous materials in compliance with applicable government
requirements.
IV. COMPENSATI®N TO THE CONTRACTOR
The Contractor shall be compensated and reimbursed in the amount of $2,500 per
property owner for acquisition services and $2,000 for condemnation services. The
services provided are described herein and in Exhibit `B". The City may include
additional parcels or delete parcels during the life of this contract.
Reimbursement in the amount specified herein shall constitute full compensation for all
work performed as well as all supervision, labor, supplies, and materials.
Notwithstanding any provision herein to the contrary, Contractor's compensation shall
not exceed $24,500.00 without prior written approval of City. The Billing Statement, in
the format attached to and incorporated with EXHIBIT "B", will be submitted on a
monthly basis by the Contractor for approval and payment by the City. Approved
Payments will be processed within 30 days of receipt of the monthly statement.
OFFICIA WORD
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V. INSURANCE REQUIREMENTS
(a) At all times during the term of this Agreement and throughout any extension periods,
Contractor shall obtain, maintain, and pay all insurance premium costs for and furnish
certificate(s) of insurance to the contract administrator designated by the City of Fort
Worth's Real Property Division Manager.
(b) Contractor's certificate(s) of insurance shall specifically reference this Agreement and
state that all insurance requirements as specified herein have been met.
(c) Required insurance coverage's and limits thereof follow:
1. Workers' Compensation Insurance
• statutory limits
• employer's liability
® $1,000,000 each accident
® $1,000,000 disease each person
® waiver of subrogation in favor of City of Fort Worth
2. Commercial General Liability Insurance
$1,000,000 each occurrence
$2,000,000 aggregate limit
* Endorsed to cover environmental impairment liability or a separate EIL policy
3. Business Automobile Insurance
* $500,000 each accident
* the policy shall be endorsed to include coverage for"any auto" used in the scope
of Contractor's services and operations contracted herein.
* coverage extended to include passengers
* coverage applicable regardless of vehicle operator
4. Other insurance requirements
a. Each policy of insurance required herein shall be endorsed to provide the City
with a minimum thirty(30) days notice of cancellation,non-renewal, and/or
material change in policy terms or coverage. Such notice shall be delivered to
the contract administrator designated by the City of Fort Worth's Real
Property Division Manager. A ten(10) day notice shall be acceptable in the
event of non-payment of premium.
b. The cancellation or other termination of any policy of insurance required
herein shall be cause for termination of the Agreement for service granted
hereunder, unless another insurance policy complying with the provisions of
this section shall be provided and be in full force and effect at the time of such
cancellation or other termination.
OFFIC] L RECORD
c. Liability insurance policies required herein shall be endorsed to include the
City of Fort Worth as an additional insured. Additional insured parties shall
include employees, officers, officials, agents, and volunteers of the entities
listed. Such coverage must provide for all contractual liability to the City
undertaken by the Contractor resulting from this Agreement.
d. Any failure on part of the City of Fort Worth to request certificate(s) of
insurance shall not be construed as a waiver of such requirement nor as a
waiver of the insurance requirements themselves.
e. Insurers of Contractor's insurance policies shall be licensed to do business in
the state of Texas by the Texas Department of Insurance or be otherwise
eligible and authorized to do business in the state of Texas; such insurers shall
be acceptable to the City insofar as their financial strength and solvency and
each such company shall have a current minimum A. M. Best Key Rating
Guide rating of AJX or other equivalent insurance industry standard rating.
f. Insurance policies providing coverage's required herein shall contain no
exclusions such that hazards commensurate with the services and operations
contracted herein are not covered by Contractor's insurance.
g. Deductible limits on insurance policies shall not exceed$5,000 per
occurrence, or per claim, or per accident unless otherwise approved by the
City of Fort Worth.
h. The City of Fort Worth shall not be responsible for the direct payment of
insurance premium costs of Contractor's insurance.
i. The City of Fort Worth reserves the right to require Contractor to provide full
copies of the latter's insurance policies within a reasonable time from the date
of such request.
VI. SOCIAL SECURITY AND OTHER TAXES
Contractor assumes full responsibility for the payment of all taxes (including but not
limited to use, sales, and income taxes), fees, licenses, excises, or other payments
required by any City, Federal, or State legislation which had been enacted or will be
enacted during the term of the contract. The Contractor must also meet the requirements
of all rules or regulations that have been or may be promulgated in connection with the
project under contract.
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FURTHER, THIS AGREEMENT SHALL NEVER BE CONSTRUED AS
RELIEVING ANY THIRD PARTY FROM ANY LIABILITY AGAINST THE
CITY.
VIII. NON-DISCRIMINATION
During the performance of this contract, the Contractor, for itself, its assignees and
successors in interest(hereinafter referred to as the "contractor") agrees as follows:
A. Nondiscrimination. The contractor, with regard to the work performed by it
during the contract, shall not discriminate on the grounds of race, color, or
national origin in the selection and retention of subcontractors, including
procurements of materials and leases of equipment. The contractor shall not
participate either directly or indirectly in the discrimination.
B. Solicitations for Subcontracts, Including Procurements of Materials and
Equipment. In all solicitations either by competitive bidding or negotiation made
by the contractor for work to be performed under a subcontract, including
procurements of materials or leases of equipment, each potential subcontractor or
supplier shall be notified by the contractor of the contractor's obligations under
this contract and the Regulations relative to nondiscrimination on the grounds of
race, color, or national origin.
C. Information and Reports. The contractor shall provide all information and reports
required.
D. Sanctions for Noncompliance. In the event of the contractor's noncompliance
with the nondiscrimination provisions of this contract, the City shall impose such
contract sanctions as it may determine to be appropriate, including,but not limited
to:
(1) Withholding of payments to the contractor under the contract until the
contractor complies, and/or,
(2) Cancellation, termination, or suspension of the contract in whole or in
part.
IX. TERMINATION OF THE CONTRACT
A. The performance of the work under this Contract may be terminated by the City
without cause in whole, or from time to time in part, whenever the City shall
determine that such termination is in the best interest of the City. Any such
termination shall be effected by delivery to the Contractor no less than thirty(30) days
in advance, of a Notice of Termination or fourteen (14) days in advance on a change
of the Scope of Work specifying the extent to which performance of Work under the
OFFIC Rill REC RD
Contract is terminated/changed and the date upon which such termination/change
becomes effective. Termination under this paragraph is in addition to and cumulative
of any other termination by either party for legal cause, including nonperformance of
any of the terms and conditions contained in the Contract documents. Contractor will
be paid in full for all Work completed to the date of termination in accordance with
the provisions of the Contract relating thereto. This contract shall terminate
December 31, 2007 unless extended in writing by mutual agreement between the
parties hereto.
B. Upon termination of contract under Paragraph A above, all documents, records,
and file materials shall be turned over to the City by the Contractor.
C. All services to be rendered under this contract shall be subject to the direction and
approval of City.
X. ASSIGNMENT OF CONTRACT
Contractor's rights and obligations under this contract shall not be assigned and any
attempted assignment shall be void.
XI. SOLICITATION WARRANT
Contractor warrants that he/she has not employed or retained any company, firm, or
person other than a bona fide employee working solely for him/her, to solicit or secure
this agreement, and that he/she has not paid or agreed to pay any company, firm, or
person, other than a bona fide employee working solely for him/her, any fee, commission,
percentage, brokerage fee, gifts, or any other consideration, contingent upon or resulting
from the award of this agreement. For breach or violating of this warranty, the City shall
have the right to annul this agreement without liability.
XII. INDEPENDENT CONTRACTOR
Contractor shall at all times be an independent contractor and not an employee of the
City, and shall not be entitled to compensation or benefits of any kind except as
specifically provided for herein.
XV. ENTIRE CONTRACT
This contract, including the attached Exhibits, expresses the entire understanding and
agreement between the parties hereto with respect to the subject matter and supersedes all
prior understandings, agreements, representations, or arrangements, oral or written,
between the parties relating to the subject matter of this contract.
CRI KERRY
F WITH,
XVI. AMENDMENTS
This agreement cannot be amended except in writing, dated subsequent to the date hereof
and executed on behalf of both parties by their duly authorized representatives.
XVII. VENUE
This contract shall be construed in accordance with the laws of the State of Texas. Venue
of any suit or cause of action arising under this contract shall lie in exclusively in Tarrant
County, Texas.
XVIII.THIRD PARTY BENEFICIARIES
This Agreement shall inure only to the benefit of the parties hereto and third persons not
privy hereto shall not, in any form or manner, be considered a third party beneficiary of
this Agreement. Each party hereto shall be solely responsible for the fulfillment of its
own contracts or commitments.
XIX. CONTRACT CONSTRUCTION
The parties acknowledge that each party and, if it so chooses, its counsel have reviewed
and revised this Agreement and that the normal rule of construction to the effect that any
ambiguities are to be resolved against the drafting party must not be employed in the
interpretation of this Agreement or any amendments or exhibits hereto.
XX. LIST OF EXHIBITS
1. Exhibit"A"List of Property to be Acquired.
2. Exhibit`B" Compensation Schedule and Services to be provided
Executed this Ddlay of L*Nf�e, , 2006.
Mssistant T W R
Attested By: B
'Ma6gcr
Marty Hendr' Approve to FF d Legality
City Secretary _
By:
Assistant rty Attorney
EIQU1REI RECORD
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10 FT. 400H, TEX.
CONTRACTOR:
DFW Advisors Ltd. Co.
By' —
j James L alv
Princip
4600 Greenville Ave. #150
Dallas, TX 75206
(214) 750-9898
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared Marc A. Ott, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the
City of Fort Worth and that he executed the same as the act of the said City of Fort Worth for the
purposes and consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this IA�) day of he, °,e,, ,
2006.
= NES Notary Public in and for the
XPIRES 09 State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas,
on this day personally appeared fl A 1 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 DFW Advisors Ltd. Co. and that he
executed the same as the act of the said DFW Advisors Ltd. Co. for the purposes and
consideration therein expressed and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE s 13 day of 1,5Ce tu.$e. - ,
2006.
'fat
LEXINGTON WRIGHT o�tary P lic in and for the
Notary Public State of Texas
* STATE OF TEXAS
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OF 1 ? My Comm.Exp.07/13/2010
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Dec-04-06 15.48 P.of
DFWA�IS0R Ltdo IC0-
4E3Q0 Greenvills Avenue suite j50 Dallas,Texas 75206 (214)7511-9898 ° FA1E (214)711-991 I
November 30, 2006
Ms, Jean Petr
Land Agent
Engineering Department
City of Fort Worth
000 Monroe Street, Suite 302
Fort'Worth;'TX 76102-6319- -
R5: LEBOW CHANNEL PROPERTY ACQUISITIONS - $24,000 CONTRACT
Dear Jean:
To clarify our agreement for the acquisition of the Lebow Channel properties, DFW Advisors
will charge$2,500.00 per property owner for this first batch of lots and $2,000.00 for
condemnation work if riecessary. The attached list indicates the properties to be included in
the first contract. Payment will be erected upon completion of the acquisition process and
or submission of the final offer letter to the property owner.
Sincerely yours,
Ja es . Falvo
.. .
The City nf Fort Worth, Texas
Professional Services Pay Request
Contract Information
Contract Authorization: Contract No's.: �
Contract Title:
Consultant: OFVV Advisors Ltd. Co.
Pay Request No.: Executed Contract
Current Period: Date:
From: Contract Expiration
To: Date:
Pay Estimate Data:
Proposed Accepted by City
(Completed by Consultant) (Completed by City Staff)
Original Contract Amount
Executed Amount of
Contract Modifications
Revised Contract Amount
Previous Amount Paid
Payment in Process
Amount Earned this Period
TOTAL AMOUNT EARNED
Less Previous Payment
Less Payment in Process
Ak8OUNTDOE
96Complete 96
CONSULTANT'S CERTIFICATION
I HEREBY CERTIFY that the information contained in this Payment Request accurately represents the actual amounts
due for work performed and the materials supplied to date under the terms of this Contract, and,further,that there has
been full compliance with all labor provisions included in the Contract. I understand that to knowingly make a false entry
in or false alteration of this certification is a criminal offense.
Consultant's Representative- /mexmeme Consultant's Representative Signature Date
4600 Greenville Ave., Suite 150, Dallas TX 75206
Consultant's Address City State Zip Code
(214) 750-9898
Consultant's Telephone Number