R2002-0124 08-05-02 RESOLUTION NO. R2002-124
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING WORK AUTHORIZATION #9 SUPPLEMENT #1 FOR
RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE
BARRY ROSE ROAD PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and Turner,
Collie and Braden, Inc., ("T C & B) for Program Management of the Pearland Mobility and
Drainage Bond Program was authorized by the City Council on December 10, 2001.
Section 2. That T C & B has developed work authorization #9 Supplement #1,
which is attached hereto as Exhibit "A".
Section 3. That work authorization #9 Supplement #1 for right-of-way acquisition
services associated with the Barry Rose Road Project is hereby approved.
PASSED, APPROVED and ADOPTED this the 5 ,
A.D., 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
MAYOR
~dayof August
ATTACHMENT D
WORK AUTHORIZATION NO. 9
SUPPLEMENT NO. 1
Exhibit "A"
R2002-124
This Work Authorization is made pursuant to the terms and conditions of the Pearland
Mobility & Drainage Bond Program, hereinafter identified as the "Contract", entered into
by and between the City of Pearland ("City"), and Turner Collie & Braden Inc.
("Engineer).
PART 1. Work Authorization No. 9 Supplement No. 1 is related to Barry Rose from
Broadway (FM 518) to Pearland Parkway. The Engineer will perform ROW Acquisition
services,.
PART 2. The maximum amount payable for services under this Work Authorization,
Supplement No. 1 is $37,800.00. This amount is based on the following: See attached fee
proposal submitted by: Crossland Acquisition, Inc. dated June 25, 2002.in the amount of
$37,800.00 for Land Acquisition Services.
PART 3. Payment to the Engineer for the services established under this Work
Authorization shall be "Reimbursable" on a per parcel basis.
PART 4. This Work Authorization shall become effective on August 6, 2002 and shall
terminate on November 12, 2005, unless extended by a supplemental work authorization.
PART 5. This Work Authorization does not waive the parties' responsibilities and
obligations provided under the contract.
PART 6. This Work Authorization is hereby accepted and acknowledged below.
ENGINEER
'CITY OF PEARLAND
Larry F. Janak Bi 11 Eisen
Typed or Printed Name Typed or Phnted Name
Sr. Vico Prosi dent City Mana§er
Title Title
August 9, 2002 August 5, 2002
Date Date
LIST OF EXHIBITS
Exhibit A - Fee Schedule
Exhibit B - Work Schedule
CROSSLAND ACQUISITION, INC.
PROPOSAL FOR
RIGHT OF WAY SERVICES
TO
TURNER COLLIE & BRADEN
FOR
BARRY ROSE ROAD
6-25-02
PREPARED BY:
KEN HARRISON
CROSSLAND ACQUISITION, INC.
CROSSLAND ACQUISITION, h-NC.
Barry Rose Road
SCOPE OF SERVICES
Turner, Collie & Braden, Inc. (TCB) has requested information detailing the scope of services for fight-of-way
acquisition services. This proposal is written to demonstrate the ability of Crossland Acquisition, Inc.
(Crossland) to perform requested services. Below is a brief outline of the scope of services followed by a
synopsis of each service. The services provided and the tasks performed within each service will be modified
and restructured as needed at TCB's request.
OUTLINE OF SER VICES
* Crossland will contact the landowxters for a right of entry for environmental testing and.sUrVeying.
Crossland will order title policies fi.om a qualified title company for fee purchases.
Crossland will make written offers to the landowners and conduct negotiations.
· Once an agreement has been reached, Crossland will have the documents prepared and attend the
closings.
· If the landowner refuses the offer or good faith negotiations, Crossland will turn the file over to TCB to
initiate condemnation proceedings.
· Crossland will notify the landowners that construction of the project is starting.
· Cmssland will negotiate damages arising out of construction and will use The City of Pearland (COP)
settlement form.
· Crossland will close out file.
PROJECT OVER VIEI. F
Crossland's Houston office will be the home of all files, maps, manuals and other data and information essential
to the project. The office address and telephone numbers will be made available to all property owners and
interested parties. Normal office hours are 8:30 a.m. to 5:30 p.m., Monday through Friday. Negotiations will be
conducted during normal office hours and at other times as requested by property owners or their representatives
in order to accommodate their needs.
An initial kickoff meeting with TCB officials should be held to concur on strategy, techniques, theories and
schedules. At this meeting, TCB will provide Crossland with all appropriate information, including maps, time
fi.ames and construction schedules, etc. This strategy should include prioritizing acquisition on each of the
parcels and defining three alternative plans for accelerating landowner decisions and dealing with uncooperative
landowners. Example: use incentive payments; establish an administrative settlement policy; and/or exercise
the right of eminent domain.
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We believe it is essential that the client and consultant have a thorough and mutual understanding of these
matters, not only to provide a quality product, but also to make welMnformed presentations to the property
owners.
RIGHT OF ENTRY
Crossiand will contact landowners to negotiate a right of entry agreement for environmental testing and
surveying of properties. Also, Crossland will conduct an interview with the landowners to determine if they are
aware of any events on the properly that may have caused contamination.
TITLE 5ER VICES
Crossland personnel will obtain a 25 year chain of title and perform title examination for any clouds on title.
Crossland will obtain necessary releases of liens, irregularities will be forwarded to TCB/COP for further action.
Our staff includes two real estate attorneys as well as personnel with over fifteen (15) years of title abstracting
and examination related experience. Title issues that could cause delays in executing the easements include
probate and h~irshiP~ 'bankruPtcy, state and federal tax liens, church and governmental entities in title, parcels
owned by trusts and difficulty obtaining copies of the trust agreements.
Crossland will submit fee purchase parcels with values in excess of $25,000 to a qualified title company for title
policies and will attend all closings unless otherwise instructed.
NEGOTIATION SER VICES
To keep a project on schedule, Cmssland has established strong internal acquisition guidelines. For each
project, Crossland sets aggressive acquisition schedules and strictly adheres to them. Each element of the
acquisition process has its own guidelines and timelines. Adherence to these guidelines and timelines has kept
prior projects ahead of schedule and on budget, and has prevented the acquisition process from unnecessary
delays. In addition, the negotiators to be assigned to these projects have successfully negotiated hundreds of
parcels needed for right-of-way purposes.
The first step for this project will be for Crossland to mail a project information kit to each landowner. The kit
will include an introductory letter from TCB and COP explaining the project in general terms and informing
them of Cmssland's role in the project. There will also be a letter from Cmssland introducing ourselves and
explaining the acquisition process, the proposed facility to be constructed, the benefits derived from the
improvements, and timing for the activities. Sample easement or warranty deed documents and maps will be
included, as well.
Within five business days after Crossland mails its information kit, we will make telephone calls to all owners
affected by the project to verify they received the information kit and confmn initial notice. Meetings with the
landowners or their representatives will be scheduled to answer any questions. By the end of this meeting, the
landowner should have a thorough understanding of all facets of this right-of-way acquisition process.
In order to expedite the execution of the fee purchases, Crossland recommends we establish a predetermined
number of contacts (3) to negotiate an agreement. If there is no response or if it becomes apparent that the
owners are not willing to negotiate, Crossland will by certified mail send a "Final Offer Letter". In this letter,
the landowner will be given the opportunity to reject the offer, accept the offer or submit a proposed settlement,
also known as an "administrative settlement". If the landowner does not respond within a specified number of
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days or submits an administrative settlement that is rejected by COP, the file will be forwarded to TCB and COP
for further action and Crossland will close out the file and submit a final invoice for that parcel.
If an administrative settlement is submitted and approved by COP for an amount greater than the appraised
value, a check request will be made to the COP and the check should be available within 2 to 4 days, as per
Standards for Right-of-Way Contracts with the COP.
LEGAL SUPPORT SER VICES
Clearing title to resolve questions and issues involving trusts and estates, bankruptcies, foreclosures, adverse
claimants, landowner-tenant disputes, ownership of improvements and obtaining releases of all encumbrances is
one of the most time consuming elements of the right of way acquisition process. Although it is the
responsibility of the landowner to satisfy these matters, Crossland will assist the landowner in disposing of these
issues in order to expedite the closing..If it becomes apparent that all requirements cannot be resolved, the file
will be forwarded to TCB/COP to initiate legal proceedings.
ADz}IINISTRA TIVE AND RECORDS MANAGEMENT SER VICES
A sound records management system is an essential function of any project. It contains the documentation that
supports daily work activities and provides evidence of compliance with all applicable State and Federal laws
and regulations.
Crossland will prepare standardized files on each parcel in accordance with example file presented to Crossland
by TCB. The fries will be readily available for inspection by TCB/COP representatives and will be delivered to
TCB/COP as each parcel is closed or as requested.
A computerized status report, which tracks the key activities performed on each parcel, will also be maintained
and furnished to TCB as requested.
Crossland's Project Manager will participate in project review meetings as requested to keep TCB informed as
to the current status of the project. Project schedules will be submitted at the beginning of the project and
reviewed and/or modified as necessary to meet TCB/COP time constraints. The Project Manager will be
responsible for all aspects of this module to assure completion of the project within the time frames required by
TCB/COP.
NOTIFICATION OF LANDOWNER PRIOR TO CONSTRUCTION
Crossland will notify each landowner by mail, telephone or in person to inform them of the date of construction
and scheduling for the COP.
NEGOTL4 TE DAMAGE SETTLEMENTS
Crossland will negotiate damage settlement claims as a result of construction using an approved damage
settlement form from COP. We will notify the landowners of our participation in this process when we notify
them of the construction dates.
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APPRAISAL SER VICES
Appraisals of tracts will be authorized by the COP and appraisers will invoice COP directly.
RELOCATION SER VICES
Crossland is qualified and ready to perform relocation services if it is determined that such services will be
needed.
PROJECT COSTS
The rate per parcel is $75.00/hour up to a maximum of $2,700 per parcel for title search, negotiation of right-of-
way, recording of deeds/easements, go to closings (COP to sign al} closing documents), negotiate damages and
notification of project start. Any acquisition costing more that $2,700 Crossland will request written
authorization from .the TCB/COP to continue as per Standards For Right-of-Way Contracts with the COP.
Item of Work
QUantity*
Acquisition 14 parcels
Not to Exceed Total Estimated Cost of Thirty Seven Thousand Eight Hundred Dollars ($37,800) without prior
written approval.
*The above number of parcels is based on preliminary evidence and may be adjusted upon closer inspections.
Crossland's monthly itemized invoice to the client will include amounts paid for the right of way, expenses and
an activity report which includes hours worked. We will also include a Progress Report as submitted to us by
TCB,
CRO~S~_~ AC~QI4ISITION, INC.
By: j{_~-- ._~,~4..._~ .._..'
'Ken Harrison [/
Date:
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