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HomeMy WebLinkAboutO-1993-1906 . .. .. . .. " ORDINANCE NO. 93-1~06 __J AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE CITY OF LA PORTE AND LUEDEMANN & ASSOCIATES, FOR THE APPRAISAL OF PARCELS OF REAL PROPERTY TO BE ACQUIRED FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND APPROPRIATING $13,200.00 TO FUND SAID CONTRACT; MAKING VARIOUS FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING COMPL~ANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE: section 1. The City Council hereby approves and authorizes the contract, agreement or other undertaking described in the title of this ordinance; in substantially the form as shown in the document which is attached hereto and.incorporated herein by this reference. The City Manager is hereby authorized to execute such document and all related documents on behalf of the City of La Porte. The City Secretary is hereby authorized to attest to all such signatures and to affix the seal of the City to all such documents. City Council appropriates the sum of $13,280.00 from the City of La Porte Airport Project F.A.A. Account #03-48-0127- 06-93 to fund said contract. section 2. The City Council officially finds, determines, recites and declares that a sufficient written notice of the date, hour, place and subject of this meeting of the City Council was posted at a place convenient to the public at the City Hall of the City for the time required by law preceding this meeting, as required by the Open Meetings Law, Article 6252-17, Texas Revised Civil Statutes Annotated; and that this meeting has been open to the public as required by law at all times during which this ordinance and the subject matter thereof has been discussed, considered and formally acted upon. The City Council further ~ ., . . ORDINANCE NO. 93_1906 Page 2 ratifies, approves and confirms such written notice and the contents and posting thereof. section 3. This Ordinance shall be effective from and after its passage and approval, and it is so ordered. PASSED AND APPROVED, this 3rd day of May, 1993. CITY OF LA PORTE B~~~ Ma .or ATTEST: ~ ~. . Sue Lenes City Secretary AP27Z zJ Knox W. As l.ns City Attorney e e \. Appendix G REAL ESTATE APPRAISAL CONTRACT Contract No. THIS CONTRACT, made and entered into this 4th day of May 19-1l by and between (Sponsor) City of La Porte Harri s County. Texas (hereinafter referred to as the airport) and the real estate appraiser (individual, partnership, firm, corporation) residing at 5 Post Oak Park #1670 in the city of Houston State of Texas (hereinafter referred to as the contractor). In the event the contractor is a partnership, firm or corporation, 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 airport owner and are employees or associates of the contractor in the performance of this contract. NAME ADDRESS Waldo S. Luedemann, Jr., MAl 5 Post Oak Park #1670, Houston, Texas 77027 WITNESSETH IT IS MUTUALLY AGREED by and between the parties hereto as follows: 1. The contractor shall furnish to the airport a written professional opinion, adequately supported and documented, of the fair market value of certain parcels of real estate, or designated parts thereof, on all parcels listed below under paragraph 2, on the Airport Improvement Program (AlP) project number 03-48-0127-06-93 , in City of La Porte and, as required by the airport, the contractor shall appear in court or before court appointed commissioners as an expert witness on behalf of the airport to testify with respect to the opinion of the fair market value of each parcel appraised. 2. (a) For and in consideration of services in furnishing said appraisals, the contractor shall be paid for each parcel the sum set forth as follows: PARCEL NUMBER AMOUNT PARCEL NUMBER AMOUNT See Attachment "A" (b) For appearances in court or before court appointed commissioners, or for appearances at conferences prior to trial or for the purpose of the taking of depositions on behalf of the airport, the contractor shall be paid at the rate of $150.00 dollars 04/04/91 88 e e Appendix G ($ 150.00 ) (per hour) or (~WX~~). Such rate of payment shall ~.include all expenses incurred in rendering such services. (c) In the event the scope and character of the work as provided herein is materially changed due to substantially revised plans or additional work is required by the airport, the contractor agrees to furnish the required revisions or supplements and to perform the additional work requested by the airport in excess of that set forth in the contract, for the sum of $ 100.00 dollars per hour for the time required to prepare such revisions or to perform such additional work. (d) Statements by the contractor for payment for the aforesaid services shall be itemized and submitted to the airport. 3. The contractor shall begin work not later than the 17th day of May , 19 93 , and shall fully complete the appraisals and furnish to the airport three ( 3 ) copies of such appraisal within thirty (30 ) days after having been notified of the approval of this contract. It is 'fully understood and agreed that in the event the contractor shall fail to perform the work within the time herein provided, the airport 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 appraisals submitted after the date; provided, however, that upon application by the contractor, the airport in the event of extenuating circumstances, may, in its discr~tion, expressly grant in writing an extension of time to the contractor. 4. An 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 provided it compiles with current Federal Aviation Administration appraisal standards as set forth in Office of the Secretary of Transportation Regulations, 49 CFR Part 24. 5. Comparable sales data that is furnished to the contractor or is made available to it by the airport, if any, shall be personally checked and verified by the contractor as to accuracy and completeness. 6. Contractor shall abide by decisions made by the sponsor on questions concerning acceptability of any work performed on the project. All decisions made by sponsor are final. 7. Contractor shall correct any deficient work performed by him on the project and deliver corrected work to sponsor or as otherwise instructed at his own expense. Corrected work shall be delivered to the sponsor or review appraiser at sponsor office, or as instructed, within 15 days from date of request for correction of item. 04/04/91 89 e e \ Appendix G 8. (a) The airport shall have the right to terminate this contract with regard to any or all services provided for herein in the event of changes in airport plans which obviate the necessity of any such appraisal which may be involved. Such termination shall be given by the airport to the contractor by written notice by certified mail to the last known address of the contractor. 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 notice. (b) In'the event of the termination of any or all of the work provided for under this contraqt, 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 ~~d all work actually performed by the contractor shall become the property of the airport. 9. 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 airport. In such event, the supplemental contract covering only such revisions or changes as agreed upon by the contractor and the airport 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. 10. The contractor warrants that any company or person has not 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 airport shall have the right to annul this agreement without liability. 11. 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 airport, subject only to an appropriate appeal to the court. 12. The contractor agrees to indemnify and save harmless the airport, 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 Dj 90 e e \ Appendix G 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. 13. 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 Airport. 14. 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 airport. 15. The contractor shall comply with all Federal, State and local laws and ordinances applicable to the work. 16. The contractor shall execute for each parcel a certificate of Appraiser, that complies with FAA Form 5100-41, as from time to time may hereafter be revised. 17. 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 of the parties hereto. 18. All information contained in the appraisal, and all parts thereof, are to be treated as a privileged communication. The contractor shall take all necessary steps to insure that there will not be any information divulged concerning the appraisal except to a duly authorized representative of the airport or a duly authorized representative of the Federal Aviation Administration, or as otherwise required by court order. 19. 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. 20. It is agreed by and 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. 04/04/91 91 ~ e e Appendix G _ 21. Contractor shall be available for consultation (including, but not limited to discussion of appraisal and market information, appraisal notes, etc) with Sponsor 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 sponsor policies, and shall not exceed those rates set forth in Paragraph 2(b). 22. The Owner, 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 Engineer which are directly pertinent to this project for the purpose of making audit, examination, excerpts, and transcriptions. 23. 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 Requlations. 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 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, Includina 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 sponsor of the Federal Aviation Administration to be 04/04/91 92 e e Appendix G pertinent to ascertain compliance with such Regulations, 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 sponsor 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 sponsor shall impose such contract sanctions as it is or the FAA may determine to b~ 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. (f) Incorporation of Provisions. The contractor shall include the provisions of paragraphs I 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 sponsor 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 sponsor to enter into such litigation to protect the interests of the sponsor and, in addition, the contractor may request the United States to enter into such litigation to protect the interests of the United States 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 Obliqation. 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 04/04/91 93 e e \ Appendix G 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 0 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 first hereinabove set forth. 5-4-93 DATE APPROVING OFFICIALS Robert T. Herrera, City Manager SPONSOR'S REPRESENTATIVE (TYPE NAME/TITLE) ~l~J T. ~ SIGNATURE 5-4-93 DATE Waldo S. Luedemann, .Jr., MAl State Certified General Appraiser #Tx-1320716-G APPRAISER (TYPE NAME/TITLE) ~/'~~ ~, SIGNATURE ~ ~ , 04/04/91 94 .. e e Attachment "A" 7.715 acre tract, Glen Meadows-II $1,500.00 La Porte Outlot 480 $1,500.00 La Porte Outlot 481 $1,500.00 Lots 16-18, Blk 15, Glen Meadows-II $700.00 Tracts SA & 5B, Blk 3, W.J. Payne $700.00 La Porte Outlot 10 $700.00 La Porte Outlot 471 $700.00 Lot 11, Blk 2 [1], Planeview $700.00 La Porte Outlot 71 $700.00 La Porte Outlot 71 1/2 $700.00 La Porte Outlot 72 $700.00 La Porte Outlot 90 $700.00 La Porte Outlot 90 1/2 $700.00 Block 1, W.J. Payne Subdivision $700.00 La Porte Outlot 479, West Part $1,500.00