HomeMy WebLinkAboutO-1993-1907
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ORDINANCE NO. 93-1907.
AN ORDINANCE APPROVING AND AUTHORIZING A CONTRACT BETWEEN THE
CITY OF LA PORTE AND DOMINY, FORD, & McPHERSON, TO PERFORM A
REVIEW APPRAISAL OF 14 PARCELS OF REAL PROPERTY TO BE ACQUIRED
FOR CLEAR ZONE PROTECTION AT THE LA PORTE MUNICIPAL AIRPORT, AND
APPROPRIATING $9,500.00 TO FUND SAID CONTRACT; MAKING VARIOUS
FINDINGS AND PROVISIONS RELATING TO THE SUBJECT; FINDING
COMPLIANCE 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 $9,500.00 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,
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considered and formally acted upon. The City Council further
ORDINANCE NO. 93- paqe 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~~
rma L. a n
Mayor
ATTEST: iJ
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Sue Lenes
c'ity Secretary
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Appendix H
REAL ESTATE APPRAISAL REVIEW CONTRACT
Contract No.
THIS CONTRACT, made and entered .into this 4th day of May
19.,2L by and between City of La Porte
(hereinafter referred to as the airport) and Dominy. Ford & McPherson. Inc.
the real estate apprais~r 11ndiQidual,
partnership, firm, corporation) residing at 855 Uvalde in the
city of Houston . State of Texas (hereinafte;:.:'
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 perf.ormed by the following designated appraisers
whose qualifications are approved and of record with the airport owner
and who are employees or associates of the contractor in the
performance of this contract. .
NAME
ADDRESS
Jerrv S. Dominy. SREA. MAI*
David R. Dominy. MAI*
James T. Archibald*
*All appraisers are State Certifi~d
General Real Estate Appraisers
855 Uvalde. Houston~ Texas 77015
855 Uvalde. Houston. Texas 77015
855 Uvalde. Houston. Texas 77015
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, 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 paragrap-h Z, on the Airport Improvement
Program (AlP) project number 03-48-0127-06-93 , in
La Porte, Texas
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
PARCEL NUMBER
AMOUNT
LaPorte Municipal Airport expansion $9.500
(b) Statements by the contractor for payment for the
aforesaid services shall be itemized and submitted to the airport.
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3. Appraisal review services will be performed pursuant to the terms
and conditions of all applicable federal, state, local laws, 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 amended) as implemented by the United states Department of
Transportation in 49 C.F.R. Part 24, according to standards outlined
in the "Uniform Appraisal Standards for Federal Land Acquisitions"
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
sponsor.
5. The contractor shall begin work upon receipt of a formal
notification by the sponsor and shall fully complete the review
appraisals and furnish to the sponsor (~) copies of such review
appraisal within (~) 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 spo~sor 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 at his own expense.
Corrected work shall be delivered to the sponsor at sponsor office
within 15 days from date of request for correction of item.
8. It is fully understood and agreed that in the event the' contractor
shall fail to perform the work within the time herein provided, the
sponsor 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 sponsor 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 sponsor, the contractor will
perform an appraisal review of each parcel to determine that the
appraisal meets the standards of AttachmentN/A. The contractor will be
required to perform appraisal reviews of appraisal reports submitted
by property owners when requested by the sponsor. A review of this
type will receive compensation based on the parcel amount for that
parcel as set forth in Paragraph 2.
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10. After performing the appraisal review (s), the contractor will
recommend to the sponsor 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.
11. When an appraisal report is rejected by the contractor and
returned to the appraiser because of error or 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
agree~ble to the sponsor 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 t@e contractor or is made available to it by the
sponsor, if any, shall be personally checked and verified by the
contractor as to the accuracy and completeness.
15. (a) . The sponsor shall have the right to terminate this contract
with regard to any or all services provided for herein in the event of
changes in sponsor plans which obviate the necessity of any such
review appraisal which may be involved. Such termination shall be
given by the sponsor to the contractor by written notice by certified
mail to the last known address of the contractor. In such event, the
sponsor 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.
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(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 sponsor.
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 sponsor. In such event, the supplemental contract covering only
such revisions or changes as agreed upon by the contractor and the
sponsor 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 sponsor 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 sponsor subject only to an appropriate appeal
to the court.
19. The contractor agrees to indemnify and save harmless the sponsor,
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 sponsor.
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 sponsor.
22. The contractor shall comply with all federal, state, and local
laws and ordinances applicable to the work.
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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 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 sponsor 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 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 $_
One Hundred dollars ($ 100 ) per hour or $ N/A dollars ($ )
per day.
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: as set forth in Attachment I.
27. 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 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
sponsor receiving evidence that the review appraisal had met all
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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 in above, damages shall be assessed at the rate of twenty-five
dollars ($?~ nd 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 Requlations. The contractor shall
comply with the Regulations relative to nondiscrimination in Federally
assisted program~ 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. Includinq 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
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.
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(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 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.
(f) 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 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
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.
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Appendix H
IN WITNESS WHEREOF, the parties hereto have set their hands the day
..and year herein set forth.
5-13-93
Date
APPROVING OFFICIALS
Robert T. Herrera, City Manager
Sponsor Representative (Type name/title)
GJ~J: T. ~
Signature
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Date
David R. Dominy, President
Review Appraiser (type name/title)
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Signature
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