R2018-240 2018-12-10 RESOLUTION NO. R2018-240
A Resolution of the City Council of the City of Pearland,Texas,renewing a unit
cost contract for property acquisition and relocation services with Right-of-
Way Solutions LLC,for the period of December 18,2018 through December 17,
2019.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That proposals for property acquisition and relocation services were
previously obtained.
Section 2. That the City Council hereby renews a contract with 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 10th day of December, A.D., 2018.
',Dern Ra
TOM REID
MAYOR
ATTEST:
i•
UN I Gj.-M
V /\ y
ITY CRETA'' ••••........•••
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
Exhibit A
Bid# 1018-09
Title Property Acquisition and Relocation Services
PINNACLE
CONSULTING
Right-of-Way Solutions, Universal Field MANAGEMENT Contract Land Staff,
Specification Responses , LLC Paragon Partners Ltd ' Services, Inc. GROUP, INC. LLC
Line Description UOM QTY Unit Extended Unit :Extended Unit Extended Unit Extended Unit Extended
Acquisition Services:
Per parcel fee of
1 100% milestone EA 1 $3,500.00 $3,500.00 $3,150.00 $3,150.00 $4,000.00. $4,000.00 $5,500.00 $5,500.00 $5,500.00 $5500.00
'Relocation Services:
Per parcel fee of
2 100% milestone EA 1 $4,000.00 $4,000.00 $4,400.00 $4,400.00 $6,750.00 ' $6,750.00 $6,500.00 . $6,500.00 $6,500.00 $6,500.00
Total i $7,500.001 r $7,550.00 1$10,750.017.11 1$12,000.001 1$12,1)00.001
L
Specification Responses Percheron Field Overland, Pacific& Briggs Field Services, O. R. Colan
Line Description : UOM QTY Unit Extended Unit Extended Unit Extended Unit Extended
Acquisition Services:
Per parcel fee of
1. 100% milestone' EA 1 .$6,000.00 $6,000.00 $7,600.00 , $7,600.00 $7,450.00 $7;450.00 $9,000.00 $9,000.00
Relocation Services:
Perparcel fee of
2 100%milestone EA -I $7,000.00 $7,000.00 $7,200.00 , _ .$7,200.00 $8,300.00 $8,300.00 $8,500.00 $8,500.00
( $13,000.00) r $14,800.00 . L$15,750'.001 r$1'7,500.00l
RFP 1018-09 Property Acqusition and Relocation Services -Evaluation Score Sheet
Right of Universal
Way Paragon Field Pinnacle Contract Percheron Overland Briggs O R Colan
Solutions Partners Services Consulting Land Staff Field Pacific& Field Assoc of
Inc. Ltd Inc. Mgmt LLC Services Cutler LLC Services1 IL, LLC
Cost-55 Pts 34 .34 21 20 20 20 20 0 20
Experience/Qualifications-15 Pts 15 15 15 _ 15 15 15 15 0 15
Exp w/Similar Projects-15 Pts 15 15 15 15 15 15 15 0 15
Company Overview/Legal Structure 5
Pts 5 5 5 5 5 5 5 0 • 5
Proposed Project Schedule 5 Pts 5 5 5 5 5 5 - 5 0 5
Current Workload/Availability to
Start 5 Pts 5 5 5 5 5 _ 5 5 0 5
Total 79 79 66 65 65 65 65 0 65
1 Briggs Field Survices did not submit any documentation.
CONTRACT FOR PROPERTY ACQUISITION AND RELOCATION SERVICES
THIS CONTRACT is entered into on_December 18_, 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 described as outlined in City of Pearland bid# 1018-09, and approved per City Council
Resolution#R2018-240.
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 for a period of one (1) year, but may be
renewed, through mutual agreement of both parties and approval by City Council, for a period of
two (2) additional one (1)year terms. This renewal will be the first of two renewal options.
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.
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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
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_18th day of December_, 2018.
CITY OF 'E AND, TEXAS
/if
RIGHT-OF- TAY SOLUTIONS, INC.
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Resolution No .
R2018-240
CONTRACT FOR PROPERTY ACQUISITION AND RELOCATION SERVICES
THIS CONTRACT is entered into on_December 18, 2019 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 described as outlined in City of Pearland bid# 1018-09.
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 for a period of one(1)year, but may be
renewed,through mutual agreement of both parties and approval by City Council, for a period of
two (2) additional one (1)year terms. This contract will be the second and final renewal.
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.
-3-
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.
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.
-4-
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.
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 18th day of December_,2019.
CI Y PE D,TEXAS
RIGH'T-OF-WAY SOLUTIONS, INC.
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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.
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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.
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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.
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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.
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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
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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
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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
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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.
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6.8.7 Any other services deemed necessary by the City's legal department to
successfully Iitigate 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.
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