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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 W 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.