HomeMy WebLinkAboutResolution - 4186 - Contract- R_W Acqusition Associates- Relocation Assistance, Best Scan Possible - 06_24_1993Resolution No. 4186
June 24, 1993
Item #29
RESOLUTION
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK:
THAT the Mayor of the City of Lubbock BE and is hereby authorized and
directed to execute for and on behalf of the City of Lubbock a Contract for
Relocation Assistance Services by and between the City of Lubbock and R/W
Acquisition Associates, attached herewith, which shall be spread upon the
minutes of the Council and as spread upon the minutes of this Council shall
constitute and be a part of this Resolution as if fully copied herein in
detail.
Passed by the City Council this
ATTEST:
4--tQ, kk
Betty 01.'Johinqn, City Secretary
APPROVED AS TO CONTENT:
Ed ucy, Rig -Ft -of -Way Agent
APPROVED AS TO FORM:
um aia u. vanaiver, firs
Assistant City Attorney
DGV:da/md23/C-RWACQS.res
June 15, 1993
Resolution No. 4186
June 24, 1993
Item #29
CONTRACT FOR RELOCATION ASSISTANCE SERVICES
THE STATE OF TEXAS
LUBBOCK COUNTY
CITY OF LUBBOCK
THIS AGREEMENT, entered into this 24th day of June ,
1993, by and between the City of Lubbock, Texas, hereinafter
called "City," and R/W Acquisition Associates, hereinafter called
"Associates."
WITNESSETH:
WHEREAS, the City proposes to move ten homes situated
adjacent to Indiana Avenue and desires that Associates furnish
the City certain professional services with regard to
implementation of a relocation assistance program; and
WHEREAS, such services are to be provided in complete
conformity with the rules and regulations of the Texas Department
of Transportation and the rules and regulations issued in
response to the Federal Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, as amended.
NOW, THEREFORE, the City and Associates, for the
considerations and under the conditions hereinafter set forth, do
hereby agree as follows:
SCOPE OF SERVICES
Associates shall perform those services listed in its
Proposal of June 9, 1993, a Copy of which is attached hereto as
Exhibit A and made a part hereof for all intents and purposes.
Such services shall include project review, displacee interviews,
computation of relocation benefits, relocation assistance,
application for benefits assistance and periodic status reports.
SCHEDULE OF ACTIVITIES
Associates shall have three months from the date of
notification to proceed in which to complete the services
outlined in Exhibit A above.
COST OF SERVICES
Total cost shall not exceed $16,000.00 for the performance
of all services indicated in Exhibit A hereto. The City shall pay
on the basis of monthly invoices provided by Associates and
supported by time sheets, receipts and other documentation as
needed.
TERMINATION
This contract may be terminated by either party upon thirty
(30) days written notice to the other party. In such event, all
finished or unfinished documents, data studies and reports shall,
at the option of the City, become the property of the City and
the Contractor shall be entitled to receive compensation for any
satisfactory work completed prior to termination.
PERSONNEL
Associates represents that it has or will secure at its own
expense all personnel required in the performance of services
under this contract. Associates shall be an independent
contractors, and its employees shall not be employees of the
City.
ASSIGNMENT
This contract shall not be assigned by Associates without
the express written consent of the City.
LAW
This contract shall be governed by the laws of the State of
Texas.
ENTIRE AGREEMENT
This contract and its Exhibit A contain the entire agreement
of the parties hereto and it may not be altered or modified
except in writing by agreement of both parties.
THIS AGREEMENT is executed at Lubbock, Texas, on the date
first above written.
R/W ACQUISITION ASSOCIATES:
ROBERT L. FERGUSON
Piggy. , NFL
ATTEST:
ddl/relocat.doc
June 14, 1993
rm!#A�
ATTEST:
&tt' a cyl -
Bettt M. Ahnson,
City Secretary
APPROVED AS TO CONTENT:
Ed Bucy, Right -oft -Way Agent
APPROVED AS TO FORM:
AAIq� 9�\.' C�W.L'tj�
D ald G. Vandiver,
First Assistant City Attorney
Contract for Relocation Assistance Services
Page 3
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R/W Acquisition Associates
June 9, 1993
Mr. Ed Bucy
Right of Way
City of Lubbock
Box 2000
Lubbock, Texas 79457
Dear Mr. Bucy:
In reference to our telephone conversation and your fax of 6--8-93,
Vie can do the relocation on the ten home wners and or renters.
This will be done using federal guidelines. We are ready to start as
soon as your appraisals are ready.
Our bid for this project is: $1,600.00 per parcel
Please call if you have any questions. Call rV Tulsa Office, 918/2423491.
Also mail any info you have such as titles, etc to my office at 1611 South
Utica, Tulsa, Oklahoma 74104.
Very truly yours„
l�obert L. Fergu� r�
Partner
RLF:ma
05
MAIN OFFICE: 16200 BRANDYWINE RD., BRANDYWINE, MD 20613 • (301) 888.2136
2221 PEAc» TREE RD., N-E,
2115 MONA LiSA DR
1611 Sours+ Unca
2470 SourH DAIRY AsFFoRD
SURE 168
MONTGOMERY, AL., 36111
SurrE 202
Suns 173
ArLAWA, CA 30309
(205) 286-9070
TULSA, OK 74104
HOUSTON,TX 77077-5716
B. Length of Occu ap ncy
There are two basic occupancy time periods which determine the
type of RHP to which the occupant is entitled. Length of
occupancy means counting the number of days the cccupant
actually occupied the property before the "Initiation of
Negotiations".
1. 180-day Owner
An owner who has occupied the property for 180
days or more may be eligible for a purchase
supplement up to $22,500 or a rent supplement up
to $5,250.
2. 90-day Owner or Tenant
An owner who has occupied the property from 90
days to 179 days, or a tenant who has been in
occupancy 90 days or more may be eligible for a
rent supplement or a down payment supplement of up
to $5,250.
C. Replacement Housing Payments
A residential occupant who qualifies as a displaces: person may be
eligible for a Replacement Housing Payment ( R H P ) . Replacement
Housing Payments are separated into three basic types: purchase
supplement, rent supplement, and down payment supplement. The
type of payment depends on whether the occupant is the owner or a
tenant and how long they have lived in the dwelling.
1. Purchase Supplement
The purchase supplement includes the
following elements.
a. Price differential - The price
differential is the amount by
which the cost of the replacement
dwelling exceeds the acquisition
price of the present dwelling.
b. Increased interest costs - Owner
may be reimbLrsed for increased
mortgage interest cost if the
interest rate on the new mortgage
exceeds the interest rate on the
present mortgage.
Checklist of Servi--es
This checklist is a summary of the relocation services
displacee may reasonably expect from, the R/W relocation
agent.
The relocation agent will personally contact displacees
to.
1. Determine their needs and preferences
2. Explain relocation benefits
3. Offer assistance
4. Ensure the availability of a comparable
property before displacement
5. Provide current listings of available
properties
6. Provide the amount of the replacement housing
payment in writing
7. Inspect housing for decent, safe, sanitary
acceptability
8. Supply information on counseling services
9. Provide counseling to minimize hardship
INFORMATION FOR BUSINESSES ANO FARMS
A. Moving Cost
Owners or tenants may be paid on the basis of actual reasonable
moving Costs and related expenses or, under certain conditions, a
fixed payment.
1. Actual reasonable moving expense, may be paid
When the move is perforined by a professional
mover or if displacee MOVes hi,;;self. Related
expenses, such as personal property losses
and expenses in finding a rep lacerent site,
may also be reimbursable.
2. Or, owner may be eligible to receive a fixed
payment from $1,000 to $20,000. This payment
is based on the annual net earnings rf the
business or farm, not to exceed $20,000. To
qualify for a fixed payment certain
conditions must be net.
W
5. Insurance for the replacement value of
displacee's personal property in connection
with the move.
6. The reasonable replacement value of property
lost, stolen or damaged 1r, the process Cf
moving when insurance is not available.
Payable only when not caused by displacee,
his agent or his employee.
7. Any license, permit or certification required
at new location, if not paid as a re-
establishment expense. Payment is limited to
the remaining life of existing licenses,
permits or certificaticns. Any transfer
costs are also eligible for reimbursement.
8. Professional services necessary to plan or
carry out the move.
9. Relettering signs and replacing stationery on
hand at the time of the move if they are made
obsolete as a result of the move.
10. Actual expenses incurred while searching for
a replacement location not to exceed $1,000.
D. Inventory and Offer
Sometime before the intended move, an inventory of personal
property to be moved will be made. Also, special move
requirements will be determined. Based on this information,
estimates to move the personal property will be obtained and an
amount necessary to move the property will be determined by the
relocation agent and provided to displacee. The offer will be
based on preference of self move or commercial move.
E. Notification and Inspection
To ensure eligibility and prompt payment for rnovirig expenses,
displacee must provide the relocation agent with advance
notification of the date of the planned move so that the
relocation agent may inspect the personal property at botli trig
displacement and the replacement sites and to monitor the move.
Displacee must provide a certified list of items act;ja?ly move(]
after the move is completed.
it
1. fair Housing
housing throughout the United State . 90-00,11 r 1A,?nhtQq
and amendments make discrimiratory practices in the purchase and
rental of most residential units illegal if based on race, Creed.
color, religion or sex. if while seeking replacement housing
,;isplacee feels he has been discriminated against, he should
contact the relocation agent who will advise him as to the steps
to take in filing a complaint.
Whenever possible, minority persons shall be given the
opportunity to relocate to replacement property not located in an
area of minority cor,centrat5n, that is within their financial
means. This policy does not require that CITY provide a larger
payment than is necessary to enable a person to relocate to a
comparable replacement dwelling.
11.