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R2017-260 2017-12-18 RESOLUTION NO. R2017-260 A Resolution of the City Council of the City of Pearland,Texas,awarding a unit cost contract for property acquisition and relocation services to Right-of-Way Solutions LLC. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That proposals for property acquisition and relocation services have been reviewed and tabulated. Section 2. That the City Council hereby awards a contract to Right-of-Way Solutions LLC., in the unit price attached hereto as Exhibit "A". Section 3. The City Manager or his designee is hereby authorized to execute a contract for property acquisition and relocation services. PASSED, APPROVED and ADOPTED this the 18th day of December, A.D., 2017. c-�, r/YN�CRU-P TOM REID MAYOR ATTEST: �Q. O • NGS! '' ING, GM s.c..).,.. /\ 103:7.Y S ETARY .: APPROVED AS TO FORM: 0 4411,---L CCL------ DARRIN M. COKER CITY ATTORNEY Resolution No. R2017-260 Exhibit"A" CONTRACT FOR PROPERTY ACQUISITION AND RELOCATION SERVICES THIS CONTRACT is entered into on , 2017 by and between the City of Pearland("CITY") and Right of Way Solutions,LLC. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Property Acquisition and Relocation Services. SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following services to CITY standards in accordance to the scope of services attached here to as Exhibit, "A." A. The CONSULTANT acknowledges that the CITY (through its employee handbook)considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. B. The CONSULTANT recognizes that all drawings, special provisions, field survey notes,reports,estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon • request, shall become subject to the Open Records Laws of this State. C. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its.agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000.for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage.Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT,issued by CONSULTANT'S insurer(s),as evidence that policies providing the required coverage,conditions,and limits required by this CONTRACT are in full force and effect. D. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees,harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT,his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II-PERIOD OF SERVICE This CONTRACT will be binding upon execution and end for a period of one (1) year, but may be renewed,through mutual agreement of both parties, for a period of two (2) additional one (1) year terms. SECTION III-CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is payment by milestones / not to exceed rate per parcel as follows: Acquisition Services: $3,500.00/parcel Relocation Services: $4,000.00/parcel Per parcel billing is to be paid in accordance with the payment provisions of Exhibit «A,5 -2- B. The CITY shall pay the CONSULTANT in installments based upon a per parcel basis, progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: C. Payment will be made for services rendered,provided that: 1. Invoices must be submitted on the Contractor's own invoice form and must be prepared to show: a. The date; b. Name and address of the Consignee; c. Item/reference number, deliverable and/or description of work; d. PO number; the amount invoiced and remaining contract balance. 2. Time sheets are provided to support the time being claimed. D. The CITY shall make payments to the CONSULTANT within thirty(30)days after receipt and approval of a detailed invoice. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. SECTION V-TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - with or without cause--by delivering written notice to CONSULTANT personally or by certified mail at 19901 Southwest Freeway, Sugarland Texas 77479. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. -3- B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or defmitely ascertainable sum,the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT,then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. -4- SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability,and in its discretion,may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission,percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII-SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this day of , 2017. CITY OF PEARLAND, TEXAS CONSULTANT -5- CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES Exhibit"A" Scope of Services LO GENERAL INFORMATION The City of Pearland (City) is requesting proposals for Property Acquisition and Relocation Services. Responding Companies must express an interest to contract for services by completing this Request for Proposal (RFP). The general scope of work for this RFP is limited to; Project Administration Services Title and Closing Services Negotiation Services Relocation Assistance Services Condemnation Support Services 2.0 CONTRACT TERM: Contract term shall be one (1) year from date of award. Upon completion of the term of the original contract, and upon the mutual agreement of both parties, the original contract may be renewed for two (2) additional one year periods. The unit prices of all items purchased under this annual contract are firm for the first annual period of this contract. However, if the option to renew for an additional one-year period is exercised by the City of Pearland, a price adjustment upward may be requested by the Vendor by the application of the formula set forth in the following paragraph. The index to be used in the computation of the price adjustment shall be the "All Items Index" category as quoted in the publication Consumer Price Index for the Houston-Galveston- Brazoria Consolidated Metropolitan Statistical Area, which is issued by the U.S. Department of Labor,Bureau of Labor Statistics. The index for the month most recently published at the time of bid award shall be used as a base for determining price adjustment(s). The index for the month most recently published at the time of contract expiration/possible renewal shall be used in determining the adjusted contract price(s) for the ensuing contract period(s), should renewal option(s) be exercised and unit price adjustments be requested. Contract price adjustments shall be determined as follows: Unit Price % change (the point difference between the base index and the subsequent specified index is divided by the beginning index points, and multiplied by 100) in the index equals amount of price change eligible for adjustment. Whenever a price adjustment is made pursuant to this clause in contracts with multiple renewal options, the index that was used far computing the most recent price adjustment(s) shall become the new base index for determining further adjustments. There shall be a minimum of at least twelve months between price adjustments for contracts having multiple renewal options. Iof9 0214-19 CITY OP'PEAR tND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 3.0 WORK ASSIGNMENT: Work Assignments shall be authorized by individual Work Authorizations dependent upon the business needs of the City for each identified Project. There is no guarantee of minimum work by the City. 3.1 On an as-needed basis, the contract may be extended for an additional one (1) year period provided both parties agree in writing to do so prior to the expiration date.Any extensions shall be at the same terms and conditions, plus any approved changes. 3.2 All work authorizations under the Contract shall be issued within one (1) year of the effective date of the contract or the one year extension, 3.3 In any instance where City, State and/or Federal policies, procedures or guidelines are in conflict, the Provider should contact the City for direction on which policy, procedure or guideline to follow. 4.0 DEFINITIONS: The following terms and phrases shall have the meanings assigned unless the contract indicates a contrary meaning. In such cases, the contract definitions will take precedence. 4.1 City—The City ofPearland 4.2 Fee Schedule—The attachment to the contract that sets forth the performing entity's fees for each service in the contract document's scope of work. 4.3 Fee for Service— Specific fee for a unit of service by which payments are made for each unit of service completed. 4.4 Milestone—Pre-determined, identifiable, and document supported specific point in a service task that represents a reporting requirement or completion of a set of activities upon which a payment of services can be invoiced. Performance Based Specifications—Focus on outcomes or results rather than process; i.e., what services are required,not how to produce them. 4.5 Professional Services — Services directly related to professional practices as defined by Government.Code, Chapter 2254, Subchapter A. 4.6 Provider - A contractor, operating with a written agreement to provide goods or services in accordance with the established price, terms and conditions. For the purposes of this RFP, the term "Provider" and "Contractor" can be used interchangeably. 2 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 4.7 Reasonable Cost—A cost is reasonable if, in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. 4.8 Request for Proposal (RFP) - A request for submittal of a proposal that demonstrates competence and qualifications of the Provider to perform the requested services and shows an understanding of the specific project. 4.9 Sub-Provider — A subcontractor proposing to perform work through a contractual agreement with the Provider. For the purposes of this RFP, the term "Sub-provider" and "Subcontractor" can be used interchangeably. 4.10 Work Authorization—A written authorization to begin work issued according to the entity and prime contract in place with the City. The work authorization includes a detailed scope of work as well as a contract period and maximum amount payable that does not exceed the time or money restrictions specified in the prime contract. 4.10 Parcel—A general term meaning any part or portion of land. 4.10.1 All contiguous parcels belonging to a single owner are considered by the City as a single negotiation and acquisition. Parcels that are geographically separate but under a single owner will be considered separate negotiation and acquisition. 5.0 TERMINATION OF CONTRACT: The City of Pearland reserves the right to terminate the contract immediately in the event the successful bidder: 5.1 By failing to pay insurance, liens, claims,or other charges. 5.2 By failing to pay any payments due the City, State or Federal Government from the successful bidder or its principals, including,but not limited to payments identified in this agreement or any taxes, fees, assessments, or liens. 5.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 5.4 By violation of any provision of the agreement. 5.5 By failing to respond within the prescribed time, including weekends and holidays. 5.6 By failing to make adequate arrangements for an emergency call. 5.7 By providing substandard work, or work the City deems to be otherwise unacceptable. 3 of9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 5.8 Additionally, the City reserves the right to terminate the contract without cause upon written notice 30 days prior to the date of termination. 6.0 SCOPE OF SERVICES The City is seeking services from property acquisition companies to acquire certain real properties for improvement projects. Firms should be adverse in reading title report,right of way and construction drawings, Services would be to prepare the necessary documents, acquire the rights of way or easement and any joinders or partial releases required for these conveyances. Knowledge of the relocation act, 49--CFR, is required due to some State/Federal funded projects. Services requirements of the provider: Services shall include, but are not limited to the following activities: 6.1 project Administration 6.1.1 Provider will visit project with City staff 6.2 Project Office 6.2.1 Open during normal City work hours 6.2.2 At least one office staff member of the Provider is required to be a current commissioned notary public. 6.3 Communication 6.3.1 Attend monthly meeting with appropriate City staff. Date, time and location are determined by City staff. 6.3.2 Provide monthly summaries of project expenses including amounts authorized, amounts paid and budget forecasting as required by City staff. The reporting format will be determined by the City staff. 6.3.3 Maintain current status reports of all parcels and project activities and provide weekly status reports to City staff. The reporting format will be determined by the City staff. 6.3.4 Provide schedule of all areas of work indicating anticipated start and end dates. The reporting format will be determined by City staff. 6.3.5 Prepare initial property owner contact list for use by City staff in distribution of Provider introduction letters or as determined necessary by the City. 6,4 File Management 6.4.1 The format for type of file folders and document order and placement are determined by City staff. 4of9 0214-19 CITY OF PEARLAIYD PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES • 6.4.2 Prepare invoices utilizing City standard payment submission forms with supporting documentation. Supporting documentation requirements are determined by City staff. 6.4.3 Maintain records of all payments including, but not limited to, check number, amount, date paid, etc. 6.4.4 Maintain copies of all correspondence, emails and contacts with property owners_ 6.4.5 Turn over all files, hard and pdf files to the City upon completion of the project or as requested by the City. 6.4.6 All files shall be accessible and available to the City or assignee. 6.5 Title and Closing Services (combined) 6.5.1 Secure preliminary title commitment or preliminary title search, and 5- year sales data from Title Company that will be providing title insurance. 6.5.2 The charges from the Title Company for the preliminary title commitments will be paid by the City and should not be included in the Provider's fee schedule. 6.5.3 Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. The charges from the Title Company for the update of the title commitment will be paid by the City and should not be included in the Provider's fee schedule. 65.4 Secure title insurance for all parcels acquired, insuring acceptable title to the City. Written approval by the City required for any exception. The charges from the Title Company for the title insurance will be paid by the City and should not be included in the Provider's fee schedule. 6.5.5 The curative services necessary to provide clear title to the City is the responsibility of the Provider and is to be included in the fee schedule for this service. 6.5.6 The Provider has the responsibility of direct, contact with the Title Company to obtain an updated title commitment along with other forms and certified copy of the instrument of conveyance necessary when requesting the Parcel Payment from City staff. 6.5.7 The Provider provides closing services in conjunction with the Title Company and will be required to attend closings. 6.5.8 Any fee related to obtaining certified court documents and fees for recording same which are not collected at the closing of the parcel shall be direct pass through fees at the exact cost supported by the county court house receipts. No administrative fee, management fee, service fee or profit to the Provider will be paid. 6.5.9 Provider shall cause the recordation all original instruments immediately after closing at the respective County Clerk's Office. The cost of the recording fees and filing fees are paid by City and should not be included in the Provider's fee schedule. 6.6 Negotiation Services 5of9 0214-19 CITY OP'FEARLANU PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 6.6.1 Review right of way, parcel sketches and construction plans provided by the City and provide comments when necessary. 6.6.2 Verify that legal descriptions, right of way maps, construction plans, survey(if provided) and appraisal reports correspond with each other. 6.6.3 Issue all applicable notices in accordance with City, State, Federal policies and procedures. 6.6.4 Analyze preliminary title report to determine potential title problems, propose and inform City of methods to cure title deficiencies. 6.6.5 Analyze appraisal and appraisal review reports and confirm the City's approved value prior to making offer for each parcel. 6.6.6 Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail-Return Receipt Requested(CMRRR). 6.6.7 Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any other documents required or requested by the City on applicable City forms. 6.6.8 The written offer, appraisal report and required brochures must send to each property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes. 6.6.9 Respond to property owner inquiries verbally and in writing. Follow up with phone call to schedule a face to face meeting with landowner per request. 6.6.10 Prepare a separate negotiator contact report for each parcel. 6.6.11 Advise property owner of the Administrative Settlement process. Transmit to the City any written counter offer from property owners including supporting documentation. 6.6.12 Prepare and mail the documents of conveyance. 6.6.13 Appear and provide Expert Witness testimony as a Provider when requested. 6.6.14 Securing a Right of Entry or Possession and Use Agreement is part of general Negotiation Services. 6.7 Relocation Assistance Services for Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Signs (as required by Work Authorization) 6.7.1 Comply with all Federal/State/City requirements, policies and procedures in providing Relocation Assistance. 6.7.2 The Relocation Assistance Specialist should provide advance notice of the date and time of their initial meeting with the Displacee with (if applicable and practical) the Appraiser's inspection of the subject property in order to coordinate the appraiser's inspection with (if applicable and practical) the 6 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES initial interview with the Displacee by the Relocation Assistance Specialist. 6.7.3 All relocation documents shall be consistent with Texas Department of Transportation format and may be modified as deemed necessary by the City. 6.7.4 Notify all Displacees of eligibility for relocation assistance. At the time of initial contact, provide Displacees with a Relocation Assistance Packet consisting of; 6.7.4.1 Relocation Advisory Assistance—Parcel Record 6.7.4.2 Displacee Move Plan 6.7.4.3 Certification of Eligibility 6.7.4.4 Relocation Assistance Brochure (the City will provide the Provider with the brochures) 6.7.4.5 Provide on-going relocation assistance and advisory services to Displacees affected by acquisition of right of way and deliver a completed relocation advisory assistance form signed by the Displacee to the City. 6.7.4.6 Locate, evaluate, and maintain files on comparable available housing to complete residential property evaluation form. 6.7.5 Compute and submit the request for relocation housing/rental supplement to the City on the supplemental payment estimate, replacing housing form with supporting residential property evaluation with attached photos. 6.7.6 Provide 90-day notice to vacate simultaneous with the delivery of relocation benefits package. The 90-day notice may not be delivered prior to a personal interview with the Displacee to determine the type, needs and eligibilities. 6.7.7 Provide 30-day notice once property has been acquired by the City. Note that the Displacee must be given a total of 90-days' notice. 6.7.8 Notify City staff immediately if the Displacee does not move after 30-day notice expires. 6.7.9 Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with City policy. Prepare and complete replacement housing inspection and submit to the City staff. 6.7.10 For non-residential moves, Negotiated Self-Moves 6.7.10.1 If the moving plan for a Negotiated Self-Move exceeds $20,000 prepare negotiated self-move request form (the moving plan) with appropriate photos and sketches along with inventory of personal property that is identified to be moved. This is required for pre-approval by the City. 6.7.10.2 If the moving plan for a Negotiated Self-Move is less than $20,000 the Provider must submit negotiated self-move request form with an abbreviated moving plan for the business owner or tenant. This includes photos, written inventory list, type of move 7 of 9 0214-19 CITY OF PEARLA.ND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES requested, and project move date. This is required for pre-approval by the City. 6.7.11 For all Negotiated Self-Moves, the Provider is responsible for requesting moving estimates from moving companies. Moving estimates must be obtained by the Provider and not the Displacee. Moving estimates must be prepared in writing and in the name of the City and not the Provider. 6.7.12 Coordinate and monitor moves with displaced homeowners, business owners, tenants, and with moving companies in accordance with City procedures. 6.7.13 Maintain relocation contact logs on relocation advisory assistance parcel record form joumaling all attempted and completed contacts with all parties. This includes descriptions of the reasons and outcome for each contact. 6.7.14 Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. 6.7.15 Process and compute increased interest payments as required, 6.7.16 Relocation agent will be available for any appeals and hearings. 6.7.17 Prepare all relocation payment claim submissions for all Displacees in accordance with City guidelines. 6.7.18 Deliver warrants in accordance with City guidelines. 6.7.19 Issue Relocation Surveys to all Displacees. 6.7.20 Provide an executed Certification of Eligibility form with all Displacee claims. 6.8 Condemnation Support Services 6.8.1 Upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company or as deemed necessary by the City. 6.8.2 Prepare a packet containing copies each of the following documents: Commitment, Negotiator's Reports, Appraisal Acknowledgment, Pre- appraisal Contact Sheet, signed and sealed property description, and plat, Final Offer Letter, any correspondence from the land owner or representatives, one original copy of the appraisal report, and any real property records which are relevant to any unusual joiner or service issue, Submit packet to the City staff for submission to the Legal Department. 6.8.3 Maintain a copy of the condemned parcel. In an event of a judgment/award, consultant shall coordinate with City staff to obtain copies of all executed post hearing documents for the condemned parcel. (award, JAO, deposit letter) 6.8.4 If a settlement is agreed upon by both parties prior to condemnation, Provider shall coordinate with City staff to complete all necessary procedures to close the file. 6.8.5 Provide all closed parcel files including condemned parcels to City. 6.8.6 Attendance at depositions, pre-trial,or other court hearings. 8 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION& RELOCATION SCOPE OF SERVICES 6.8.7 Any other services deemed necessary by the City's legal department to successfully litigate and defend the City's position in court including but not limited to production request. 6.8.8 Any person employed by the Provider for work on this project in any capacity shall be available to testify in any eminent domain proceedings upon request by the City. 7.0 FEE SCHEDULE —PAYMENT MILESTONES: 7.1 Fee for Negotiation Service 7.1.1 Payment made on per parcel basis 7.1.2 25% payment milestone paid upon presentation of initial offer. 7.1.3 40% payment milestone paid upon presentation of final offer with City concurrence or acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant. 7.1.4 35% payment milestone paid upon the completed closing of the parcel. Transmittal of memorandum to the City staff stating that the acquisition has been completed. 7.2 Fee for Relocation Service 7.2.1 Payment made on per Displacee basis 7.2.1.1 40% payment milestone paid upon submitting to City staff completed 1.7.4.1, 1.7.4.2 and 1.7.4.3. 7.2.1.1.1 Submitting proof of providing 90 day notice to Displacee after initial interview. Displacee may not receive a ninety (90) day notice prior to an initial interview. If Displaces is not entitled to relocation benefits by virtue of not being legally present in the United States, this milestone would be reduce to a single milestone of 10%. 7.2.1.2 30% payment milestone paid upon submitting memorandum to City staff reporting the actual date the Displacee vacated parcel and includes detailed documentation (as directed by the City) of the move. This assumes the move was monitored. 7.2.1.3 30% payment milestone paid upon transmittal of memorandum to City staff stating that all relocation assistance has been completed. 9 of 9 0214-19 Resolution No. R2017-260 Exhibit "A" CONTRACT FOR PROPERTY ACQUISITION AND RELOCATION SERVICES THIS CONTRACT is entered into on Ceceinber 1 , 2018 by and between the City of Pearland("CITY") and Right of Way Solutions, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Property Acquisition and Relocation Services. SECTION I- SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following services to CITY standards in accordance to the scope of services attached here to as Exhibit, "A." A. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. B. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. C. The CONSULTANT shall procure and maintain for the duration of this Agreement, insurance against claims for injuries to persons, damages to property, or any errors and omissions relating to the performance of any work by the CONSULTANT, its agents, employees or subcontractors under this Agreement, as follows: (1) Workers' Compensation as required by law. (2) Professional Liability Insurance in an amount not less than $1,000,000 in the aggregate. (3) Comprehensive General Liability and Property Damage Insurance with minimum limits of $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for each occurrence of damage to or destruction of property. (4) Comprehensive Automobile and Truck Liability Insurance covering owned, hired, and non-owned vehicles, with minimum limits of • $1,000,000 for injury or death of any one person, $1,000,000 for each occurrence, and $1,000,000 for property damage. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. D. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION II - PERIOD OF SERVICE This CONTRACT will be binding upon execution and end for a period of one (1)year, but may be renewed, through mutual agreement of both parties, for a period of two (2) additional one (1) year terms. SECTION III -CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is payment by milestones / not to exceed rate per parcel as follows: Acquisition Services: $3,500.00/parcel Relocation Services: $4,000.00/parcel -2- Per parcel billing is to be paid in accordance with the payment provisions of Exhibit"A." B. The CITY shall pay the CONSULTANT in installments based upon a per parcel basis, progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: C. Payment will be made for services rendered, provided that: 1. Invoices must be submitted on the Contractor's own invoice form and must be prepared to show: a. The date; b. Name and address of the Consignee; c. Item/reference number, deliverable and/or description of work; d. PO number; the amount invoiced and remaining contract balance. 2. Time sheets are provided to support the time being claimed. D. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. SECTION IV-THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANT'S responsibility for errors or omissions of the CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT's status as an independent contractor of the CITY. SECTION V- TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason - with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 19901 Southwest Freeway, Sugarland Texas -3- 77479. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work, or entering into a CONTRACT with another party for the completion of the work. F. If the CITY terminates this CONTRACT for cause and/or if the CONTRACTOR breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI—ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. -4- SECTION VII—COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. SECTION VIII- SUCCESSORS AND ASSIGNS This CONTRACT shall not be assignable except upon the written consent of the parties hereto. The parties have executed this CONTRACT this le day o ,. , 2018. el / CITY OF P r ARLAND, TEXAS a4 CONSULTANT -5- CITY OF PEARLAND PROPERTY ACQUISITION& RELOCATION SCOPE OF SERVICES Exhibit"A" Scope of Services 1.0 GENERAL INFORMATION The City of Pearland (City) is requesting proposals for Property Acquisition and Relocation Services. Responding Companies must express an interest to contract for services by completing this Request for Proposal (RFP). The general scope of work for this RFP is limited to; Project Administration Services Title and Closing Services Negotiation Services Relocation Assistance Services Condemnation Support Services 2.0 CONTRACT TERM: Contract term shall be one (1) year from date of award. Upon completion of the term of the original contract, and upon the mutual agreement of both parties, the original contract may be renewed for two (2) additional one year periods. The unit prices of all items purchased under this annual contract are firm for the first annual period of this contract. However, if the option to renew for an additional one-year period is exercised by the City of Pearland, a price adjustment upward may be requested by the Vendor by the application of the formula set forth in the following paragraph. The index to be used in the computation of the price adjustment shall be the"All Items Index" category as quoted in the publication Consumer Price Index for the Houston-Galveston- Brazoria Consolidated Metropolitan Statistical Area, which is issued by the U.S. Department of Labor, Bureau of Labor Statistics. The index for the month most recently published at the time of bid award shall be used as a base for determining price adjustment(s). The index for the month most recently published at the time of contract expiration/possible renewal shall be used in determining the adjusted contract price(s) for the ensuing contract period(s), should renewal option(s) be exercised and unit price adjustments be requested. Contract price adjustments shall be determined as follows: Unit Price% change(the point difference between the base index and the subsequent specified index is divided by the beginning index points, and multiplied by 100) in the index equals amount of price change eligible for adjustment. Whenever a price adjustment is made pursuant to this clause in contracts with multiple renewal options, the index that was used for computing the most recent price adjustment(s) shall become the new base index for determining further adjustments. There shall be a minimum of at least twelve months between price adjustments for contracts having multiple renewal options. 1 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 3.0 WORK ASSIGNMENT: Work Assignments shall be authorized by individual Work Authorizations dependent upon the business needs of the City for each identified Project. There is no guarantee of minimum work by the City. 3.1 On an as-needed basis, the contract may be extended for an additional one (1) year period provided both parties agree in writing to do so prior to the expiration date. Any extensions shall be at the same terms and conditions, plus any approved changes. 3.2 All work authorizations under the Contract shall be issued within one (1) year of the effective date of the contract or the one year extension. 3.3 In any instance where City, State and/or Federal policies,procedures or guidelines are in conflict, the Provider should contact the City for direction on which policy, procedure or guideline to follow. 4.0 DEFINITIONS: The following terms and phrases shall have the meanings assigned unless the contract indicates a contrary meaning. In such cases, the contract definitions will take precedence. 4.1 City—The City of Pearland 4.2 Fee Schedule —The attachment to the contract that sets forth the performing entity's fees for each service in the contract document's scope of work. 4.3 Fee for Service — Specific fee for a unit of service by which payments are made for each unit of service completed. 4.4 Milestone— Pre-determined, identifiable, and document supported specific point in a service task that represents a reporting requirement or completion of a set of activities upon which a payment of services can be invoiced. Performance Based Specifications—Focus on outcomes or results rather than process; i.e.,what services are required,not how to produce them. 4.5 Professional Services — Services directly related to professional practices as defined by Government Code, Chapter 2254, Subchapter A. 4.6 Provider - A contractor, operating with a written agreement to provide goods or services in accordance with the established price, terms and conditions. For the purposes of this RFP, the term "Provider" and "Contractor" can be used interchangeably. 2 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 4.7 Reasonable Cost—A cost is reasonable if,in its nature and amount, it does not exceed that which would be incurred by a prudent person under the circumstances prevailing at the time the decision was made to incur the cost. 4.8 Request for Proposal (RFP) - A request for submittal of a proposal that demonstrates competence and qualifications of the Provider to perform the requested services and shows an understanding of the specific project. 4.9 Sub-Provider — A subcontractor proposing to perform work through a contractual agreement with the Provider. For the purposes of this RFP, the term "Sub-provider" and "Subcontractor"can be used interchangeably. 4.10 Work Authorization—A written authorization to begin work issued according to the entity and prime contract in place with the City. The work authorization includes a detailed scope of work as well as a contract period and maximum amount payable that does not exceed the time or money restrictions specified in the prime contract. 4.10 Parcel—A general term meaning any part or portion of land. 4.10.1 All contiguous parcels belonging to a single owner are considered by the City as a single negotiation and acquisition. Parcels that are geographically separate but under a single owner will be considered separate negotiation and acquisition. 5.0 TERMINATION OF CONTRACT: The City of Pearland reserves the right to terminate the contract immediately in the event the successful bidder: 5.1 By failing to pay insurance, liens, claims, or other charges. 5.2 By failing to pay any payments due the City, State or Federal Government from the successful bidder or its principals, including,but not limited to payments identified in this agreement or any taxes, fees, assessments, or liens. 5.3 Upon the institution of voluntary or involuntary bankruptcy proceedings against the successful bidder or upon dissolution of the firm or business. 5.4 By violation of any provision of the agreement. 5.5 By failing to respond within the prescribed time, including weekends and holidays. 5.6 By failing to make adequate arrangements for an emergency call. 5.7 By providing substandard work, or work the City deems to be otherwise unacceptable. 3 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 5.8 Additionally, the City reserves the right to terminate the contract without cause upon written notice 30 days prior to the date of termination. 6.0 SCOPE OF SERVICES The City is seeking services from property acquisition companies to acquire certain real properties for improvement projects. Firms should be adverse in reading title report,right of way and construction drawings. Services would be to prepare the necessary documents, acquire the rights of way or easement and any joinders or partial releases required for these conveyances. Knowledge of the relocation act, 49-CFR, is required due to some State/Federal funded projects. Services requirements of the provider: Services shall include, but are not limited to the following activities: 6.1 Project Administration 6.1.1 Provider will visit project with City staff 6.2 Project Office 6.2.1 Open during normal City work hours 6.2.2 At least one office staff member of the Provider is required to be a current commissioned notary public. 6.3 Communication 6.3.1 Attend monthly meeting with appropriate City staff. Date, time and location are determined by City staff. 6.3.2 Provide monthly summaries of project expenses including amounts authorized, amounts paid and budget forecasting as required by City staff. The reporting format will be determined by the City staff. 6.3.3 Maintain current status reports of all parcels and project activities and provide weekly status reports to City staff. The reporting format will be determined by the City staff. 6.3.4 Provide schedule of all areas of work indicating anticipated start and end dates. The reporting format will be determined by City staff. 6.3.5 Prepare initial property owner contact list for use by City staff in distribution of Provider introduction letters or as determined necessary by the City. 6.4 File Management 6.4.1 The format for type of file folders and document order and placement are determined by City staff. 4 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION& RELOCATION SCOPE OF SERVICES 6.4.2 Prepare invoices utilizing City standard payment submission forms with supporting documentation. Supporting documentation requirements are determined by City staff. 6.4.3 Maintain records of all payments including, but not limited to, check number, amount,date paid, etc. 6.4.4 Maintain copies of all correspondence, emails and contacts with property owners. 6.4.5 Turn over all files, hard and pdf files to the City upon completion of the project or as requested by the City. 6.4.6 All files shall be accessible and available to the City or assignee. 6.5 Title and Closing Services(combined) 6.5.1 Secure preliminary title commitment or preliminary title search, and 5- year sales data from Title Company that will be providing title insurance. 6.5.2 The charges from the Title Company for the preliminary title commitments will be paid by the City and should not be included in the Provider's fee schedule. 6.5.3 Secure title commitment updates in accordance with insurance rules and requirements for parcel payment submissions. The charges from the Title Company for the update of the title commitment will be paid by the City and should not be included in the Provider's fee schedule. 6.5.4 Secure title insurance for all parcels acquired, insuring acceptable title to the City. Written approval by the City required for any exception. The charges from the Title Company for the title insurance will be paid by the City and should not be included in the Provider's fee schedule. 6.5.5 The curative services necessary to provide clear title to the City is the responsibility of the Provider and is to be included in the fee schedule for this service. 6.5.6 The Provider has the responsibility of direct contact with the Title Company to obtain an updated title commitment along with other forms and certified copy of the instrument of conveyance necessary when requesting the Parcel Payment from City staff. 6.5.7 The Provider provides closing services in conjunction with the Title Company and will be required to attend closings. 6.5.8 Any fee related to obtaining certified court documents and fees for recording same which are not collected at the closing of the parcel shall be direct pass through fees at the exact cost supported by the county court house receipts. No administrative fee, management fee, service fee or profit to the Provider will be paid. 6.5.9 Provider shall cause the recordation all original instruments immediately after closing at the respective County Clerk's Office. The cost of the recording fees and filing fees are paid by City and should not be included in the Provider's fee schedule. 6.6 Negotiation Services 5 of 9 0214-19 • CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 6.6.1 Review right of way, parcel sketches and construction plans provided by the City and provide comments when necessary. 6.6.2 Verify that legal descriptions, right of way maps, construction plans, survey(if provided) and appraisal reports correspond with each other. 6.6.3 Issue all applicable notices in accordance with City, State, Federal policies and procedures. 6.6.4 Analyze preliminary title report to determine potential title problems, propose and inform City of methods to cure title deficiencies. 6.6.5 Analyze appraisal and appraisal review reports and confirm the City's approved value prior to making offer for each parcel. 6.6.6 Prepare and send the letter transmitting the Landowners' Bill of Rights by Certified Mail-Return Receipt Requested(CMRRR). 6.6.7 Prepare the initial offer letter, memorandum of agreement, instruments of conveyance, and any other documents required or requested by the City on applicable City forms. 6.6.8 The written offer, appraisal report and required brochures must send to each property owner or the property owner's designated representative through CMRRR. Maintain follow-up contacts and secure the necessary instruments upon acceptance of the offer for the closing. Retain copies of the unsigned CMRRR receipt and the appraisal as support for billing purposes. 6.6.9 Respond to property owner inquiries verbally and in writing. Follow up with phone call to schedule a face to face meeting with landowner per request. 6.6.10 Prepare a separate negotiator contact report for each parcel. 6.6.11 Advise property owner of the Administrative Settlement process. Transmit to the City any written counter offer from property owners including supporting documentation. 6.6.12 Prepare and mail the documents of conveyance. 6.6.13 Appear and provide Expert Witness testimony as a Provider when requested. 6.6.14 Securing a Right of Entry or Possession and Use Agreement is part of general Negotiation Services. 6.7 Relocation Assistance Services for Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Signs (as required by Work Authorization) 6.7.1 Comply with all Federal/State/City requirements, policies and procedures in providing Relocation Assistance. 6.7.2 The Relocation Assistance Specialist should provide advance notice of the date and time of their initial meeting with the Displacee with(if applicable and practical)the Appraiser's inspection of the subject property in order to coordinate the appraiser's inspection with (if applicable and practical) the 6 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION& RELOCATION SCOPE OF SERVICES initial interview with the Displacee by the Relocation Assistance Specialist. 6.7.3 All relocation documents shall be consistent with Texas Department of Transportation format and may be modified as deemed necessary by the City. 6.7.4 Notify all Displacees of eligibility for relocation assistance. At the time of initial contact, provide Displacees with a Relocation Assistance Packet consisting of; 6.7.4.1 Relocation Advisory Assistance—Parcel Record 6.7.4.2 Displacee Move Plan 6.7.4.3 Certification of Eligibility 6.7.4.4 Relocation Assistance Brochure (the City will provide the Provider with the brochures) 6.7.4.5 Provide on-going relocation assistance and advisory services to Displacees affected by acquisition of right of way and deliver a completed relocation advisory assistance form signed by the Displacee to the City. 6.7.4.6 Locate, evaluate, and maintain files on comparable available housing to complete residential property evaluation form. 6.7.5 Compute and submit the request for relocation housing/rental supplement to the City on the supplemental payment estimate, replacing housing form with supporting residential property evaluation with attached photos. 6.7.6 Provide 90-day notice to vacate simultaneous with the delivery of relocation benefits package. The 90-day notice may not be delivered prior to a personal interview with the Displacee to determine the type, needs and eligibilities. 6.7.7 Provide 30-day notice once property has been acquired by the City. Note that the Displacee must be given a total of 90-days' notice. 6.7.8 Notify City staff immediately if the Displacee does not move after 30-day notice expires. 6.7.9 Perform a decent, safe, and sanitary inspection of the replacement housing in accordance with City policy. Prepare and complete replacement housing inspection and submit to the City staff. 6.7.10 For non-residential moves,Negotiated Self-Moves 6.7.10.1 If the moving plan for a Negotiated Self-Move exceeds $20,000 prepare negotiated self-move request form (the moving plan) with appropriate photos and sketches along with inventory of personal property that is identified to be moved. This is required for pre-approval by the City. 6.7.10.2 If the moving plan for a Negotiated Self-Move is less than $20,000 the Provider must submit negotiated self-move request form with an abbreviated moving plan for the business owner or tenant. This includes photos, written inventory list, type of move 7 of 9 0214-19 • CITY OF PEARLAND PROPERTY ACQUISITION& RELOCATION SCOPE OF SERVICES requested, and project move date. This is required for pre-approval by the City. 6.7.11 For all Negotiated Self-Moves, the Provider is responsible for requesting moving estimates from moving companies. Moving estimates must be obtained by the Provider and not the Displacee. Moving estimates must be prepared in writing and in the name of the City and not the Provider. 6.7.12 Coordinate and monitor moves with displaced homeowners, business owners, tenants, and with moving companies in accordance with City procedures. 6.7.13 Maintain relocation contact logs on relocation advisory assistance parcel record form journaling all attempted and completed contacts with all parties. This includes descriptions of the reasons and outcome for each contact. 6.7.14 Attend closings on replacement property if requested by any party involved, and assure supplemental payment is properly distributed. 6.7.15 Process and compute increased interest payments as required. 6.7.16 Relocation agent will be available for any appeals and hearings. 6.7.17 Prepare all relocation payment claim submissions for all Displacees in accordance with City guidelines. 6.7.18 Deliver warrants in accordance with City guidelines. 6.7.19 Issue Relocation Surveys to all Displacees. 6.7.20 Provide an executed Certification of Eligibility form with all Displacee claims. 6.8 Condemnation Support Services 6.8.1 Upon receipt of a copy of the final offer, request an updated title commitment for Eminent Domain from the Title Company or as deemed necessary by the City. 6.8.2 Prepare a packet containing copies each of the following documents: Commitment, Negotiator's Reports, Appraisal Acknowledgment, Pre- appraisal Contact Sheet, signed and sealed property description, and plat, Final Offer Letter, any correspondence from the land owner or representatives, one original copy of the appraisal report, and any real property records which are relevant to any unusual joiner or service issue. Submit packet to the City staff for submission to the Legal Department. 6.8.3 Maintain a copy of the condemned parcel. In an event of a judgment/award, consultant shall coordinate with City staff to obtain copies of all executed post hearing documents for the condemned parcel. (award,JAO, deposit letter) 6.8.4 If a settlement is agreed upon by both parties prior to condemnation, Provider shall coordinate with City staff to complete all necessary procedures to close the file. 6.8.5 Provide all closed parcel files including condemned parcels to City. 6.8.6 Attendance at depositions,pre-trial,or other court hearings. 8 of 9 0214-19 CITY OF PEARLAND PROPERTY ACQUISITION & RELOCATION SCOPE OF SERVICES 6.8.7 Any other services deemed necessary by the City's legal department to successfully litigate and defend the City's position in court including but not limited to production request. 6.8.8 Any person employed by the Provider for work on this project in any capacity shall be available to testify in any eminent domain proceedings upon request by the City. 7.0 FEE SCHEDULE—PAYMENT MILESTONES: 7.1 Fee for Negotiation Service 7.1.1 Payment made on per parcel basis 7.1.2 25%payment milestone paid upon presentation of initial offer. 7.1.3 40% payment milestone paid upon presentation of final offer with City concurrence or acceptable payment submission with clear title or confirmation that title will be clear by receipt of warrant. 7.1.4 35% payment milestone paid upon the completed closing of the parcel. Transmittal of memorandum to the City staff stating that the acquisition has been completed. 7.2 Fee for Relocation Service 7.2.1 Payment made on per Displacee basis 7.2.1.1 40% payment milestone paid upon submitting to City staff completed 1.7.4.1, 1.7.4.2 and 1.7.4.3. 7.2.1.1.1 Submitting proof of providing 90 day notice to Displacee after initial interview. Displacee may not receive a ninety (90) day notice prior to an initial interview. If Displacee is not entitled to relocation benefits by virtue of not being legally present in the United States, this milestone would be reduce to a single milestone of 10%. 7.2.1.2 30% payment milestone paid upon submitting memorandum to City staff reporting the actual date the Displacee vacated parcel and includes detailed documentation (as directed by the City)of the move. This assumes the move was monitored. 7.2.1.3 30% payment milestone paid upon transmittal of memorandum to City staff stating that all relocation assistance has been completed. 9 of 9 0214-19