R2020-159 2020-09-14RESOLUTION NO. R2020-159
A Resolution of the City Council of the City of Pearland, Texas, authorizing a
contract for land acquisition services with Right -of -Way Solutions, Inc., in the
estimated amount of $196,000.00, associated with certain road, water and
sewer improvements (vicinity of FM 1128, CR 100 and Harkey Road).
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That contract for land acquisition services associated with certain road, water
and sewer improvements, a copy of which is attached hereto as Exhibit "A" and made a part hereof
for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract for land acquisition services.
PASSED, APPROVED and ADOPTED this the 14th day of September, A.D., 2020.
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ATT T:
TAL ROAN, TRMC, CMC
CITY SECRETARY
APPROVED AS TO FORM:
OaL-0-r-,
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY")
and Right -of -Way Solutions, Inc.("CONSULTANT").
The CITY engages the CONSULTANT to perform Land Acquisition services for 56 fee and easement
acquisitions described as the Massey Oaks Development project
SECTION I - SERVICES OF THE CONSULTANT
The CONSULTANT shall perform the following professional services to CITY standards and in
accordance with the degree of care and skill that a professional in Texas would exercise under the same or
similar circumstances:
A. The CONSULTANT shall provide Land Acquisition services on the Massey Oaks
Development project. See Exhibit A, attached, for a detailed SCOPE OF WORK and
PROJECT schedule.
B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the
PROJECT.
C. 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.
D. 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.
E. 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 upon delivery of appraisal reports.
SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is per parcel basis of $3,500.00 per parcel.
Total compensation for the services performed shall not exceed the sum of $196,000.00.
B. The CITY shall pay the CONSULTANT in installments based upon monthly progress
reports and detailed invoices submitted by the CONSULTANT.
C. The CITY shall make payments to the CONSULTANT within thirty (30) days after
receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly
basis.
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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 CONSUTANT'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.
B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all
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 151h 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.
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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.
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 thisZ4-- day of S,G' r , 2020.
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CITY OF"PIEAPA AND, TEXAS
CONSUL ANT
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House Bill 89 Verification
1, S _�_ r 0 Lle ^ S� (Person name), the undersigned representative
he7eafter ref�r�ed to �s "Representative") of
7.
S k } - � i'r— .S I —S y i. r- _ _ (company or business name,
hereafter referred to as "Business Entity"), being an adult over the age of eighteen (18) years of age, after
being duly sworn by the undersigned notary, do hereby depose and affirm the following:
1. That Representative is authorized to execute this verification on behalf of Business Entity;
2. That Business Entity does not boycott Israel and will not boycott Israel during the term of any
contract that will be entered into between Business Entity and the City of Pearland; and
3. That Representative understands that the term "boycott Israel' is defried by Texas Government
Code Section 2270.001 to mean refusing to deal with, terminating business activities with, or otherwise
taking any action that is intended to penalize, inflict economic harm on, or limit commercial relations
specifically with Israel, or with a person or entity doing business in Israel or in an Israeli -controlled
territory, but does not include an action made for ordinary business pyrposes.
SIGNATURE OF REPRESENTATIVE
k*
C BED ANDSWORN TO BEFORE ME, the undersigned authority, on this�Ay
20
is 6ARBARA NELSON
Notary ID #5466523
My Commission Expires
February 16, 2024
Notary Public
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Right -of -Wary
SOLUTIONS, INC
19901 Southwest Freeway I Sugar Land, TX 77479
Tel: 281.773.2203 1 Fax: 281.809.6920
RIGHT OF WAY AND ACQUISITION SERVICES PROPOSAL
August 24, 2020
Mr. Anthony Vu
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
Re: Proposal for the Fee and Easement Acquisition of 56 Parcels of Land for the
Massey Oaks Development Project
Dear Mr. Vu:
Below you will find a proposal for the right of way work for the fee and easement acquisitions of 56
parcels of land for the above referenced project:
Estimated Parcels
Fee Per Parcel $
Total $
56
3,500.00
196,000.00
Total $196,000.00
This proposal will not exceed the estimated $196,000.00 without prior consent from the City of
Pearland. Scope of Services (see attached Exhibit "A").
This proposal format and billing shall be based on the existing Contract for Property Acquisition
and Relocation Services executed on December 18, 2019.
Thank you and please contact me at 281.773.2203 if any questions arise.
Sincerely,
Kevin St henson
Enclosures
Right -of -Way Solutions, Inc. 119901 Southwest Freeway I Sugar Land, Texas 77479
Tel: (281) 773-2203 1 Fax: (281) 809-6920 Email: kevinnrowsolutions.net
000110,11
RIGHT OF WAY
SCOPE OF SERVICES
FOR
MASSEY OAKS
BASIC SERVICES: This Scope of Services covers the requirements for the
Consultant to furnish qualified personnel to assist the City of Pearland (COP),
Texas on right of way related services. Services to be performed shall include,
but not be limited to, acquisition, negotiations, preparation of condemnation
packages, settlements/closing, and relocation. COP will contract separately with
appraisers, title companies, surveyors, environmental engineers, real estate and
condemnation attorneys and other professional services as needed. Consultant
will utilize the COP standard Acquisition schedule forms and documents.
Phase I: Project Administration
1. Project Kick -Off Meeting
1.1 Attend preliminary kick-off meeting with COP regarding the
Project to discuss project.
1.2 Consultants will collect, review and verify existing
information as well as other information provided by the COP
(and other) such as, but not limited to surveys, public and
private utilities, topographical maps, right of way (ROW)
acquisition/maps, record drawings, preliminary
plans/drawings, other plans/drawings; and be responsible for
any such information utilized in connection with services
performed.
1.3 Discuss project requirements and delineation of consultant
responsibilities.
1.4 Discuss individual parcels and their relations to the project
as a whole.
1.5 Provide a project plan of action and schedule to the COP
that outlines the scope as discussed.
2. Communication
2.1 Maintain current status reports of all parcel and project
activities and provide monthly or as requested by COP.
2.2 Provide monthly summaries of project expenses including
amounts authorized, amounts paid and budget forecasting or
less frequent as required by COP.
2.3 Attend monthly progress meetings to discuss progress,
schedule, problems and resolutions or as requested by
COP.
CITY OF PEARLAND D-2 Revised 8/22/07
File Management
3.1 Create individual parcel files per COP standards.
3.2 Maintain copies of all correspondence and contacts with
property owners.
3.3 Prepare invoices utilizing the COP standard payment
submission forms with supporting documentation.
3.4 Maintain records of all payments, amount, and date paid.
3.5 Furnish individual parcel files to COP in hard file and PDF
format.
Phase II: Land Acquisition
4. Title services
4.1 Review preliminary title commitment or preliminary title
search. Cost to preliminary title will be paid by COP and will
not be provided in the scope of work.
4.2 Analyze preliminary title report to determine potential title
problems, propose methods to cure title deficiencies.
5. Negotiations
5.1 Review all appraisal reports for each parcel to determine
consistency of values, supporting documentation related to
the conclusion reached.
5.2 Initial contact in the form of an informational letter to each
landowner describing the project and its impact upon the
landowner's property.
5.3 Follow up on initial contact with a phone call to schedule a
face-to-face meeting with the landowner.
5.4 Prepare the initial offer letter, instruments of conveyance and
any other documents required or requested by COP on
applicable COP forms.
5.5 Meet in person and negotiate in "Good Faith" with the
landowner to work out and obtain in an agreement and
compensation that is beneficial to the owner and the COP.
5.6 Present the written offer in person where practical, and
deliver appraisal report.
5.7 Maintain follow up contacts and secure the necessary
instrument upon acceptance of the offer for closing
5.8 Respond to property owner inquiries verbally and in writing
in a timely fashion.
5.9 Prepare a negotiator contact report for each parcel per
contact.
5.10 Advise property owner on the Administrative Settlement
process. Transmit to COP any written counter offer form
property owners including supporting documentation, along
with a recommendation from provider.
CITY OF PEARLAND D-3 Revised 8/22/07
5.11 When "Good Faith" negotiations fail after at least two face-
to-face meetings and reasonable effort and correspondence
with the landowner, the consultant will provide evidence of
negotiations and correspondence and meet with the COP to
discuss further action.
5.12 When the prescribed date for an administrative offer passes
without response from the landowner the consultant will
prepare a condemnation file according to the COP direction
and in conjunction with the City Attorney's request.
5.13 Prepare final offer letter, documents of conveyance as
necessary.
5.14 Perform those duties required to secure agreements to allow
the project to commence forward.
5.15 Perform those duties required to coordinate the relocation of
persons, families, businesses, farm or nonprofit
organizations affected by the COP property acquisition.
Phase III: Closinq
6, Closing Services - Settlement
6.1
Title services, title insurance commitments, policies, closing
and escrow services and update title commitments will be
provided by the Title Company selected by the COP.
6.2
Attend closing as needed and provide closing services to
support the Title Company.
6.3
Record all original instruments, when applicable,
immediately after closing at the respective County Clerk's
Office, except for donations which be forwarded to COP for
acceptance prior to closing.
6.4
Coordinate with Title Company to secure all documents to
transfer clear title to the COP.
6.5
Prepare TREC promulgated Unimproved Property Contract,
if required by the Title Company.
6.6
Furnish recording information and copies of recorded
documents to COP.
6.7
Assist the property owner in curing the title in order to
complete the transaction.
CITY OF PEARLAND D-4 Revised 8/22/07
7. Closing Services - Condemnation
7.1 Maintain a copy of the condemned parcel. In an event of a
judgment/award, consultant shall coordinate with City's right
of way coordinator to obtain copies of all executed post
hearing documents for the condemned parcel. (award, JAO,
deposit letter)
7.2 If a settlement is agreed upon by both parties prior to
condemnation, consultant shall coordinate with the City's
Attorney to complete all necessary procedures to close the
file.
7.3 Provide all closed parcel files including condemned parcels
to COP.
8. Additional Services
8.1 Any changes to any parcel, including but not limited to, plan
changes, splits of the parcel, re -appraisal, plat changes,
survey changes, or other changes will be billed at an hourly
rate not to exceed per parcel amount.
CITY OF PEARLAND D-5 Revised 8/22/07