HomeMy WebLinkAboutContract 29057 n9-05-03 P01 :72 IN
CITY CONTRACT No.
REAL ESTATE APPRAISAL REVIEW CONTRACT
THIS CONTRACT, made and entered into this t� day of 2003 by and
between the City of Fort Worth (the "City"), through its duly author zed Assistant City Manager
and CORNERSTONE APPRAISAL COMPANY the real estate appraisers, whose business
address is 500 W. 7TH STREET, FORT WORTH. TEXAS 76102 (the"Contractor"). In the
event the Contractor is a firm, a partnership, or an organization, the services to be rendered under
this contract will be performed by the following designated appraisers whose qualifications are
approved and of record with the City and who are employees or associates of the Contractor in
the performance of this contract.
NAME ADDRESS
ROY L. RIDDEL, 111 500 W. 7TH ST., SUITE 534
FORT WORTH, TX. 76147
KENNETH L. HUFFMAN, MAI 500 W. 7' ST., SUITE 534,
FORT WORTH, TX. 76102
WITNESSETH
IT IS MUTUALLY AGREED by and between the parties hereto as follows:
1. The Contractor shall furnish to the City a written professional opinion, in the form
of an appraisal review, as to the adequacy of appraisals prepared to estimate the
fair market value of certain parcels of real estate, or designated parts thereof, on all
parcels listed below under paragraph 2, on FAA project number 3-48-0085-1096 ,
in FORT WORTH. TEXAS, at FORT WORTH MEACHAM
INTERNATIONAL AIRPORT.
2. (a) For and in consideration of services in furnishing said appraisal reviews, the
Contractor shall be paid for each parcel the sum set forth as follows:
PARCEL NUMBER AMOUNT Meacham Airport Noise Mitigation Maps
SEE ATTACHED EXHIBIT "A" SEE ATTACHED EXHIBIT "B"
PHASE IV-AA—PARCEL LIST
(b) Statements by the Contractor for payment for the aforesaid services shall
be itemized and submitted to the City.
3. Appraisal review services will be performed pursuant to the terms and conditions
of all applicable Federal, state, and local laws, ordinances, rules, and regulations
including, but not limited to the Uniform Relocation Assistance and Real Property
Acquisition Policies Act of 1970 )(P.L. 91-646, as amende
MWFUTH, `Ixt.
the United States Department of Transportation in 49 C.F.R. Part 24. The term
appraisal reports as used herein shall include narrative, form, or value findings
appraisals as may be required by the City.
4. Appraisal review services will be performed by a qualified employee or associate of
the Contractor. All review appraisers must be a qualified appraiser and meet the
minimum standards as required by the City.
5. The Contractor shall begin work upon receipt of a formal notification by the City
and shall fully complete the review appraisals and furnish to the City three (3)
copies of such review appraisal within (5) working days after having been notified
of the start-up date of this contract through receipt of appraisal reports.
6. 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.
7. Contractor shall correct any deficient work performed by him/her on the project
and deliver corrected work to airport at his/her own expense. Corrected work
shall be delivered to the airport owner at the airport office within 15 days from
date of request for correction of item.
S. It is fully understood and agreed that in the event the Contractor shall fail to
perform the work within the time herein provided, the City may, at its sole option,
consider the services of the said Contractor terminated, and, upon written notice
thereof by certified mail to the Contractor of such termination, shall not be liable
for payment for appraisal reviews submitted after the date; provided, however, that
upon application by the Contractor, the City in the event of extenuating
circumstances, may, at its discretion, expressly grant in writing an extension of
time to the Contractor.
9. Upon receipt of appraisals from the City, the Contractor will perform an appraisal
review of each parcel to determine that the appraisal meets acceptable standards.
The Contractor will be required to perform appraisal reviews of appraisal reports
submitted by property owners when requested by the City. A review of this type
will receive compensation based on the parcel amount for that parcel as set forth in
Paragraph 2.
10. After performing the appraisal review(s), the Contractor will recommend to the
City the amount to be offered to the property owner and prepare a Review
Appraisal Report and Statement of Just Compensation and certification. The
Contractor must sign all review appraisal reports, being responsible for the
accuracy of data and opinions therein.
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11. When an appraisal report is rejected by the Contractor and returned to the
appraiser because of error of deficiency, the Contractor will be required to
complete a subsequent review of the revised report without additional
compensation. From time to time the Contractor will be available for conferences
as found necessary to discuss the appraisal aspect of the project.
12. Negotiation of mutual acceptance of major changes in the scope, character, or
estimated total cost of the work to be performed will be agreeable to the City and
Contractor as such changes become necessary as the work progresses.
13. A review appraisal for each parcel contracted for in this agreement shall be
submitted on either the forms provided or as a complete narrative type of appraisal
review, provided it complies with current Federal Aviation Administration
appraisal review procedures as set forth in FAA Order 5100.37 and 49 CFR Part
24.
14. The Contractor shall make field inspections of the comparable sales and the subject
property. The conditions of the sales shall be verified with the buyer or the seller,
or both, to the extent necessary to insure the accuracy of the data. Comparable
sales data that is furnished to the Contractor or is made available to it by the City if
any, shall be personally checked and verified by the Contractor as to the accuracy
and completeness.
15. (a) The City shall have the right to terminate this contract with regard to any
or all services provided for herein in the event of changes in the airport's
plans which obviate the necessity of any such review appraisal which may
be involved. Such terminations shall be given by the City to the Contractor
by written notice by certified mail to the following address: 500 W. 7TH
STREET, SUITE 534, FORT WORTH, TX. 76102. In such event, the
airport will be liable to the Contractor for only those services which have
been rendered prior to the date of mailing of such notices.
(b) In the event of the termination of any or all of the work provided for under
this contract, the Contractor shall be paid a proportionate part of the fee
provided for with regard to the particular parcels terminated in proportion
to the work and services actually completed on the parcel or parcels
involved as of the date of termination.
(c) Upon termination of this contract, or any part thereof, for any reason
provided for herein, any and all work actually performed by the Contractor
shall become the property of the City.
16. This contract may be supplemented in the event the scope and character of the
work as provided for herein is materially changed due to substantially revised plans
or additional work as may be required by the City. In such event, the supplemental
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contract covering only such revisions or changes as agreed upon by the Contractor
and the City shall provide for equitable adjustments regarding the time of
performance including such appropriate increase or decrease in the amount of
compensation as was provided for in the basic contract.
17. The Contractor warrants that no company or person has been employed or
retained, other than a bona fide employee working solely for the Contractor, to
solicit or secure this agreement, and that payment or an agreement has not been
made to pay any company, firm or person, other than a bona fide employee
working solely for the Contractor any fee, commission, percentage, brokerage fee,
gift, or any other consideration contingent upon or resulting from the award or
making of this agreement. For breach or violation of this warranty, the City shall
have the right to annul this agreement without liability.
18. Any dispute concerning a question of fact in connection with the work hereunder
which is not otherwise disposed of by this agreement, shall be decided by the City
subject only to an appropriate appeal to the court.
19. The Contractor agrees to indemnify, defend and hold harmless the City, its
officers, agents, and employees from any and all claims and losses occurring or
resulting to any and all persons, firms, or corporations furnishing work, services,
materials, or supplies in connection with the performance of this contract, and
from any and all claims and losses occurring or resulting to any person, firm, or
corporation who may be injured or damaged by the Contractor in the performance
of this contract.
20. The parties hereto agree that the Contractor, and any agents and employees of the
Contractor, in the performance of this agreement, shall act in an independent
capacity and not as officers, employees or agents of the City.
21. This agreement is not assignable by the Contractor, either in whole or in part, and
no portion of the work may be sublet or transferred to any other person or persons
without prior written approval of the City.
22. The Contractor shall comply with all Federal, state, and local laws and ordinances
applicable to the work.
23. It is mutually understood and agreed that no alteration or variation of the terms of
this contract shall be valid unless made in writing and signed by the parties hereto,
and that no oral understanding or agreement not incorporated herein nor any
alteration or variation of the terms hereof, unless made in writing between the
parties hereto, shall be binding on any and all of the parties hereto.
24. All information contained in the appraisal(s) and review appraisal, and all parts
thereof, are to be treated as a privileged communication. The Contractor shall
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take all necessary steps to insure that there will not be any information divulged
concerning the review appraisal except to a duly authorized representative of the
City or a duly authorized representative of the Federal Aviation Administration, or
as otherwise required by court order.
25. The Contractor shall be available for consultation (including, but not limited to
discussion of appraisal, review and other market information, appraisal review
notes, etc) with the 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's policies, and shall not exceed
$ SEVENTY FIVE dollars ($75.00 ) per person per hour or
$ SIX HUNDRED dollars ($600.00) per day per person.
26. The Contractor agrees that during the performance of this contract equal
employment opportunities shall be provided for all qualified persons and that there
shall not be any discrimination against any employee or applicant because of race,
color, sex, religion, or national origin. The Contractor and associated
subcontractors shall comply with the Civil Rights Act of 1964 and with Executive
Order No. 11246, dated September 24, 1965, or with such other executive orders
and statutes concerning nondiscrimination which may from time to time hereafter
be promulgated.
27. The City, the Federal Aviation Administration, The Comptroller General of the
United States, or any of their duly authorized representatives, shall have access to
any books, documents, papers, and records of the Contractor which are directly
pertinent to this project for the purpose of making audit, examination, excerpts,
and transcriptions.
28. It is agreed between the parties hereto that in the performance of the terms,
conditions and provisions of this contract by the Contractor that time is of the
essence. The Contractor shall be paid one-half the payment as prescribed in
Paragraph 2 above upon receipt of the review appraisal report. The balance will
be paid upon the City receiving evidence that the review appraisal had met all
requirements. Payment of the balance will not be delayed more than ninety (90)
days after initial receipt of the review appraisal report unless the delay results from
deficiencies in the review appraisal. In the event the review appraisal reports are
not received by the date agreed to above, damages shall be assessed at the rate of
$ FIFTY dollars ($ 50.00 per day until received.
29. Title VI Assurances: During the performance of this contract, the Contractor,
for itself, its assignees and successors in interest (hereinafter referred to as the
"Contractor") agrees as follows:
(a) Compliance with Regulations. The Contractor shall comply with the
Regulations relative to nondiscrimination in Federally assisted programs of
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the Department of Transportation (hereinafter, "DOT") Title 49, Code of
Federal Regulations, Part 21, as they may be amended from time to time,
(hereinafter referred to as the Regulations), which are herein incorporated
by reference and made a part of this contract.
(b) Nondiscrimination. The Contractor, with regard to the work performed
by it during the contract, shall not discriminate on the grounds of race,
color, or national origin in the selection and retention of subcontractors,
including procurements of materials and leases of equipment. The
Contractor shall not participate either directly or indirectly in the
discrimination prohibited by Section 21.5 of the Regulations, including
employment practices when the contract covers a program set forth in
Appendix B of the Regulations.
(c) Solicitations for Subcontracts, Including Procurements of Materials
and Equipment. In all solicitations either by competitive bidding or
negotiation made by the Contractor for work to be performed under a
subcontract, including procurements of materials or leases of equipment,
each potential subcontractor or supplier shall be notified by the Contractor
of the contractor's obligations under this contract and the Regulations
relative to nondiscrimination on the grounds of race, color, or national
origin.
(d) Information and Reports. The Contractor shall provide all information
and reports required by the Regulations or directives issued pursuant
thereto and shall permit access to its books, records, accounts, other
sources of information, and its facilities as may be determined by the
airport or the Federal Aviation Administration to be pertinent to ascertain
compliance with such Regulation, orders, and instructions. Where any
information required of a contractor is in the exclusive possession of
another who fails or refuses to furnish this information, the Contractor shall
so certify to the City or the FAA, as appropriate, and shall set forth what
efforts it has made to obtain the information.
(e) Sanctions for Noncompliance. In the event of the Contractor's
noncompliance with the nondiscrimination provisions of this contract, the
City shall impose such contract sanctions as it is or the FAA may determine
to be appropriate, including, but not limited to :
(1) Withholding of payments to the Contractor under the contract until
the Contractor complies, and/or,
(2) Cancellation, termination, or suspension of the contract, in whole or
in part.
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(� Incorporation of Provisions. The Contractor shall include the provisions
of paragraphs 1 through 5 in every subcontract, including procurements of
materials and leases of equipment, unless exempt by the Regulations or
directives issued pursuant thereto. The Contractor shall take such action
with respect to any subcontract or procurement as the City or the FAA may
direct as a means of enforcing such provisions including sanctions for
noncompliance. Provided, however, that 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 enter into
such litigation to protect the interests of the City and, in addition, the
Contractor may request the United States to enter into such litigation to
protect the interests of the United States.
30. Disadvantaged Business Enterprise(DBE) Assurances
(a) Policy. It is the policy of the Department of Transportation (DOT) that
DBE business enterprises as defined in 49 CFR Part 23 shall have the
maximum opportunity to participate in the performance of contracts
financed in whole or in part with Federal funds under this agreement.
Consequently, the DBE requirements of 49 CFR Part 23 apply to this
agreement.
(b) DBE obligation. The Contractor agrees to ensure that minority business
enterprises as defined in 49 CFR Part 23 have the maximum opportunity to
participate in the performance of contracts and subcontracts financed in
whole or in part with Federal funds provided under this agreement. In this
regard, all contractors shall take all necessary and reasonable steps in
accordance with 49 CFR Part 23 to ensure that minority business enterprises
have the maximum opportunity to compete for and perform contracts.
Contractors shall not discriminate on the basis of race, color, national origin,
or sex in the award and performance of DOT-assisted contracts.
IN WITNESS WHEREOF, the parties hereto have set their hands the day and year herein set
forth.
(4--7-T
OW
Executed this day of�0 2003.
ty "" ger
CONTRACTO ornerstone Appraisal Company
Appro as to Form and Legality
By: oy L. Riddel, III Title
sistant City Attorney
Contract Authorization ��, `�"Jlitl�� 6���� ATTBTED RY
Date
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 a +_ per-- , known to me to be the person
whose name is subscribed to the foregoing instrument, and acknowledged to me that the same
was the act of the City of Fort Worth and that he executed the same as the act of the said City of
Fort Worth for the purposes and consideration therein expressed and in the capacity therein
stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of v
2003.
EESF
ETTIE LANEOMMISSION EXPIRESJuly 26,2007
otary Public in and for the
State of Texas
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, the undersigned authori , a Notary Public in and for the State of Texas,
on this day personally appeared N _ �D�3G-� , known to me to be the
person whose name is subscribed to the foregoing instrument, and acknowledged to me that he
executed the same as for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this /-'� ' day of -I Lt
2003,
FRANK KLEIN
Notary Public otary Public in or the
------------
JK
STATE OF TEXAS State of Texas
' r My Comm.Exp.06/OCi!
8
EXHIBIT A
MEACHAM PHASE IV-AA
PARCEL LIST
PARCEL 0 OWNERS NAME PER TAD RECORDS LOT BLOCK ADDITION ADDRESS c1TY a STATE ZIP IREviEw
APPRAISAL
COST
739 Parker,Albert 8 3 Airport Acres PearVMh Street Fort Worth,Texas 76106 $ 300.00
740 Parker,Albert 9 3 Airport Acres Pearl/35th Street Fort Worth,Texas 76106 $ 300.00
908 Rivera,Carlos 6 5 Airport Acres 3506 Columbus Fort Worth,Texas 76106 $ 301.00
1001 Yammine,Jw 23 1 Ai rt Acres 1012 NW 36th Street Fort Worth,Texas 76106 $ 300.0
1002 Joyner,Willis 22 1 Airport Acres 1014 NW 36th Street Fort Worth,Texas 76106 $ 300.0
1003 South Central Mortgage Service Corp. 21 1 Airport Acres 1100 NW 36th Street Fort Worth,Texas 76106 $ 300.00
1004 Franldin,Ronnie C.at al 20 1 Airport Acres 1102 NW 36th Street Fort Worth,Texas 76106 $ 300.00
1005 Howarth,John K.et at 19 1 Airport Acres 1104 NW 36th Street Fort Worth,Texas 76106 $ 300.00
1006 Harden,Dorothy Mae 18 1 Airport Acres 1106 NW 36th Street Fort Worth,Texas 76106 $ 300.00
TOTAL CONTRACT AMOUNT $2,700.00
7/9/2003
EXHIBIT K
;
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1
1
TR 5 TR 4
ac , aC
TR.e , }i 27
P. �CHDYLAS 1 Z 3 4 b 6 7 9;1 27 t' 5 as e9 30 31 32 33 34 3513113-7 36 39 40 41 42
1
36TH ST
I 1 F t t r' tYt y: 18 s i $ 1 26 1 ze
2 f9 2 12
TR.IR TR.1 3 j t y>7:. �, B•T'✓' 1'.I¢� ] Pr• Frt', �•"7iEjl�j =f.• _.- Is -J1
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TR.IC 6 C 4 A1s
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7 5:77
14
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Q.
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�y�. }''�'[2 10 11
35TH ST , 010`
35TH ST se
to to
,2 v1
TR.3 TR.4am
13
16 m
to i6. .'
1 17 q 1l -I,
INKK
34TH ST 34TH ST
13 12 .,3 12� t3 le:• 13
14 14 11 14 11 49 r- ti,11c'w • Y E1 1,
IS 15 10 .,;•16 •1 10 16 �fH.'J-i�. 1i15 J••• -
t6 9 16
17 8 I7 6 17
is 7 7 19 - ' 7 19 2<'•' ,� 'r �
is 6 6 19 6 1 s e r-5,q
120 6 - 6 20 6 2a 6 ? �-q� 1 V
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P. °
RL
--2-3J 1 2
lase 1660 1400 1300 120a 170 CLOSED !3642 IESr LOM RV
13 12 12 12 12 3 13 IE 1000 980 90 7E
14 It 11 11 11 ¢ 14 1161 13 12 7312 13 12 13 iz
15 10 ,0 10 76R 10 ppm IS 10 - 141t a C 14 11 14 It 14 11
16 9 9 9 16 97G. 9 E 16 ..$ 15 10 J 1 10 1 T 16 10
n e n1 ! ,e s EE H H ,s 9--1
10. 7 w 7 7 Q to '9(r V 19 T 8. D 17 8 Q 17 $ ¢ 17 0
cc
�.
J 1t 6 6 6 V 79 6 19 6 18 7 J fa 7 t8 7 F
W 20 5 ¢H¢ 9 5 '-' 20 5 6 ¢ 19� 19 6 v 19 6 yD 19 a.
6 1lw�
O V 4 a 4 4 O 21 4 2a +'q F~2• 20 g 0 28 5 .=a 20 6 W 20 5 O
22 3 3 3 22 3 3� � 21 4 21 o J 21 4 21 q a
23 2 Z 2 23 2 2
W EE'. 3 22 3 22 3 22 7
E4 1 1 1 24 1 24 s 1 e3, e R 23 a 23 a 23 e
32nD ST e4. '1 24 1 24 1 4 24 1
,3 12 le 12 1
3 1213 32ND ST
14 11 11 11 14 11 14 N 13 "t2 � t4 13
IS 10 10 IB 15 10 15 1'1 11 ' 16 12 16 12
MERCHRM DIES T AREA
CITY OWNED
PROPERITES
a:kc;,; f EE PURCHASE
l;' r FWISD UNDECIDED
;t
CHURCHES & THEIR DO NOT WANT TO
[` PROPERTIES PARTICIPATE 0 200 400
r; DEAD ENDS—ATTEMPTED TO SOUND PROOFING lee 300
CONTACT WITH NO RESPONSE L-- �
AVIGATION EASEMENT
City o,f Fort Worth, Texas
"elpir And Council 4:ommu"icatio"
DATE REFERENCE NUMBER LOG NAME PAGE
8/19/03 **C-19717 3000RNERSTONE 1 of 2
SUBJECT AWARD OF CONTRACT TO CORNERSTONE APPRAISAL COMPANY FOR
APPRAISAL REVIEW ASSIGNMENT FOR THE NOISE MITIGATION PROGRAM
PHASE IV-AA AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT DOE 3932)
RECOMMENDATION:
It is recommended that the City Council authorize the City Manager to execute a real estate appraisal
review contract with Cornerstone Appraisal Company in an amount not to exceed $3,000.
DISCUSSION:
This recommendation provides for the award of a contract to the Cornerstone Appraisal Company for
the review of appraisals of parcels to be acquired, based on the Federal Aviation Administration (FAA)
Regulation, Part 150, Noise Study for Fort Worth Meacham International Airport. The noise study has
been previously adopted by the City Council.
This contract provides for review of the appraisals in Phase IV-AA, designated as the Meacham West
Area. Phases I and II, designated as the Meacham South Area, involved the acquisition of avigation
easements and was completed February 29, 2000. Phase III, designated as the Meacham East Area,
involved the fee simple acquisition of 36 parcels and was completed on September 30, 2002.
Remaining grant funds from the Phase I and II programs in the amount of $497,490 have been
identified as available for use for additional acquisitions in Phase IV. The City's match of $55,276 was
previously approved, and the appropriation ordinance was adopted by the City Council on June 4, 1996
(M&C G-11492).
In compliance with FAA regulations, prior to initiation of negotiations with landowners, an appraisal firm
is required to appraise the parcels to establish just compensation for the fee simple acquisition of the
properties. These appraisals will be completed in accordance with the award of the contract to DFW
Advisors, Ltd. Company on June 24, 2003 (M&C C-19631).
Also, in compliance with FAA regulations, a review appraisal firm is required to review the appraisal
reports as completed by DFW Advisors, Ltd. Company to evaluate the appraised market value and just
compensation amount and to provide written reports based on its review.
Cornerstone Appraisal Company, an M/WBE firm, has performed the review of appraisals for Phase III
(Meacham East Area) and was selected to continue with the review of appraisals in Phase IV-AA. A
contract for appraisal reviews was negotiated with Cornerstone Appraisal Company for an amount not
to exceed $3,000.
This project is located in COUNCIL DISTRICT 2, Mapsco 48W.
City of Fort Worth, Texas
"agor And Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
$/19/03 **C-19717 3000RNERSTONE 2 of 2
SUBJECT AWARD OF CONTRACT TO CORNERSTONE APPRAISAL COMPANY FOR
APPRAISAL REVIEW ASSIGNMENT FOR THE NOISE MITIGATION PROGRAM
PHASE IV-AA AT FORT WORTH MEACHAM INTERNATIONAL AIRPORT DOE 3932)
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that funds are available in the current capital budget, as appropriated, of
the Airports Grant Fund.
MO:k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
Marc Ott 8476
Originating Department Head:
Douglas Rademaker 6157 (from) APPROVED 08/19/03
GR14 539120 055218621010 $3,000.00
Additional Information Contact:
Douglas Rademaker 6157