R2002-0122 08-05-02RESOLUTION NO. R2002-122
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING WORK AUTHORIZATION #10 SUPPLEMENT #1
FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE
YOST 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 #10 Supplement #1,
which is attached hereto as Exhibit "A".
Section 3. That work authorization #10 Supplement #1 for right-of-way acquisition
services associated with the Yost Road Project is hereby approved.
PASSED, APPROVED and ADOPTED this the 5
A.D., 2002.
ATTEST:
0NG FerN"G/ /
~'~Y SE~EETARY '~'
__dayof. August
TOM REID
MAYOR
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
ATTACHMENT D
WORK AUTHORIZATION NO. 10 Exhibit "A"
SUPPLEMENT NO. l R2002-122
This Work Authorization is made pursuant to the terms and conditions of the Pearland
Mobility & Drainage Bond Program, hereinafter identified as thc "Contract," entered into
by and between the City of Pearland ("City"), and Turner Collie & Braden Inc.
("Engineer).
PART 1. Work Authorization No. 10 is related to the improvement of Yost Boulevard
from Broadway (FM 518) to Clear Creek. The Engineer will perform Land and Right of
Way acquisition services under this Authorization.
PART 2. The maximum amount payable for services under this Work Authorization
Supplement No. 1 is $118,$00.00. This amount is based on the following: See attached
fee proposal submitted by: Contract.Land Staff, Inc., in the amount of $118j~t)0.00.
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. danak Bi]] Fisen
Typed or Printed Name Typed or Printed Name
,qr-_ Vi ~m Prm~qi d~nl-. City Manager
Title Title
August 9, 2002 August 5, 2002
Date Date
LIST OF EXHIBITS
Exhibit A - Fee Schedule
Exhibit B - Work Schedule
10701 Corporate Dr. · Suite 215 · Stafford,TX 77477
Friday, July 26, 2002
Mr. James W. Keller
Turner Collie & Braden Inc. (TCB)
5757 Woodway
Houston, TX 77219
Re: Yost Blvd. Project, City of Pearland
Dear Mr. Keller:
Attached, please find our proposal to perform Right-of Way acquisition and related services on
the above referenced project.
As can be seen from the proposal, we have agreed to a "not to exceed" cost of $2,700.00 per
parcel, unless we receive permission from TCB to exceed that amount.
It is our understanding that the project consists of 44 parcels making the total "not to exceed"
cost $118,800.00.
If the terms of this proposal are acceptable to TCB, please sign where indicated below and initial
each page of the proposal and return to us.
We are prepared to begin work on this project as soon as we receive a notification to proceed
fi.om TCB.
Thank you for the opportunity to submit this proposal.
Comract Land Staff, Inc.
AGREED AND ACCEPTED
TURNER, COLLIE & BP.ADEN (TCB)
Title:
Date:
(281) 240-3370
Corporate Office
(800) 874-4519
(281) 240-5009 fax
Yost Blvd.
Right of Way Acquisition
SCOPE OF SERVICES
Contract Land Staff, Inc. (CONSULTANT) will perform land acquisition, perform title searches,
title curative, relocation assistance (if required), damage settlement and closing for TCB
(CLIENT) on behalf of the City of Pearland (CITY) as necessary for the construction of the Yost
Blvd. project. These Services will be provided in compliance with the Uniform Relocation
Assistance and Real Property Acquisition Policies Act of 1970 (The Uniform Act). These
services are expected to include, but are not necessarily limited to, the following activities:
Phase I, Pro[ect Planning and Administration
· Meet, at the beginning of the project, with the Right-of-Way/Engineering Project
Manager of the CLIENT to review land acquisition service requirements for the project.
At that meeting, the Project Manager shall provide accurate land descriptions (including
parcel plats and field notes), available information about the project; a copy of the
CITY's approved resolution determining need, and any other applicable information.
The CITY's process and policies for land acquisition services will be discussed along
with specific parameters for the negotiation with the property owner(s).
All of the above information, as well as complete appraisal information, shall be supplied
to the CONSULTANT prior to CONSULTANT beginning land acquisition. 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 beyond the control of
CONSULTANT, may result in additional hours being charged to CLIENT. This may
result in the total fees charged by CONSULTANT to be in excess of the $2,700.00 per
parcel benchmark.
Any activities or meetings with CLIENT, CITY, Property owners, Public Meetings, etc.,
required of CONSULTANT during any phase of this project, shall be billed at the hourly
rates attached hereto.
CITY ofPearland- Yost Blvd.
Page 1 of 6
Phase II~ Title Search, Land Acquisition & Curative
To obtain current ownership and other pertinent title information for a particular parcel
on the project, CONSULTANT shall either:
Prepare a Limited Title Certificate indicating apparent fee owners and encumbrances
to the property that are recorded in the Real Property records of the county in which
the subject property is situated. Those encumbrances that may be of record but not
recorded within the time scope of the title search will not be identified.
CONSULTANT shall also prepare a 25-year chain of title for each property to be
acquired by CITY. CONSULTANT shall not provide title insurance, as it is not
licensed to do so. Title search shall not begin on a property until such time as
CONSULTANT has all f'mal information from the Right-of Way/Engineering Project
Manager as described in Phase I above. Time spent in preparing the 25-year title
search and the Limited Title Certificate shall be billed at the hourly rates as shown
under "CONSULTANT's RATES" attached hereto.
Or, in the event CITY requests Title Insurance,
Open title with a Title Insurance company to obtain a title commitment for a subject
parcel. Costs for Title Insurance and other title services, including but not limite~l to
abstract fees, closing services, escrow fees, filing fees, attorney fees, delivery fees,
etc., will be borne by CITY.
In the event CONSULTANT prepares a 25-year chain of title and Limited Title
Certificate, and either during or after the preparation of the 25-year chain and Limited
Title Certificate CLIENT or CITY desires to proceed with obtaining Title Insurance
through a Title Company, CONSULTANT will bill CLIENT and will be paid for the
time spent performing the above tasks at the hourly rates as shown under
"CONSULTANT's RATES" attached hereto.
CONSULTANT will make an initial written offer to the property owner, which will
include the amount of the determination of compensation, a description of the location of
the real property to be acquired, the appraisal and receipt for the appraisal, and plats and
field notes. After the initial offer, CONSULTANT will continue to contact and negotiate
with each owner in an attempt to purchase the subject parcel at the appraised amount or at
an amount agreeable to CITY.
In the event the offer is accepted by property owner and approved by CITY,
CONSULTANT shall close the purchase by either
CITY ofPearland- Yost Blvd.
Page 2 of 6
(In the event no Title Insurance is being purchased) Obtaining the signatures of the
owner(s) of the subject parcel on an instrument conveying the Right-of Way to the
CITY of Pearland and paying the owner(s) by check issued either by CONSULTANT
or CITY,
Or,
(In the event Title Insurance is being purchased) By attending a closing at the Title
Company where the Title Insurance is being purchased. Title services, title insurance
commitments, policies, closing and escrow services, and updated title commitments
will be provided by a Title Company selected by the CITY. Agents will assist the
Title Company in obtaining all documents necessary to transfer clear title to the
CITY.
In either event, CONSULTANT shall deliver or cause to be delivered fully executed, properly
recorded documents to CITY.
In the event CONSULTANT determines that acquisition of the property fi:om the
property owner will not be possible, CONSULTANT shall notify CLIENT that an
agreement cannot be reached with the Property Owner. CLIENT will obtain permission
fi:om CITY for CONSULTANT to issue a Final Offer Letter to the property owner. The
form of the Final Offer Letter shall be approved by the City Attorney of the CITY of
Pearland. At the end of the time period for response to the Final Offer Letter,
CONSULTANT shall either,
Set up closing for the parcel if the property owner agrees to the Final Offer,
Or~
· Turn the file for the subject parcel over to the CITY for Condemnation.
CITY assumes as its obligation, the responsibility of responding to CONSULTANT
concerning inquiries fi:om property owners in a prompt and timely manner.
CONSULTANT shall respond to property owner inquiries in a timely manner.
Under the direction of, and after the notification by, the Right-of Way/Engineering
Project Manager, CONSULTANT shall notify property owners in a written form prior to
construction of the project. This notification shall be sent to the current property owner as
determined by an updated title review immediately prior to the time the written
notification is sent.
CONSULTANT shall settle damages with property owners after construction, utilizing a
settlement form supplied by the CITY.
CITY of Pearland - Yost Blvd.
Page 3 of 6
CONSULTANT may, if requested by CLIENT, provide the following additional services to
CLIENT.
Phase III~ Condemnation Support,
· Assist the CITY's Attorney as requested.
Phase IV~ Utiliff Relocation
· Coordinate Utility Relocation as requested.
Phase V~ Additional Consulting Services
· Any additional consulting services under this contract shall not be undertaken without
authorization by CLIENT.
ALL TIME SPENT ON TASKS DELINEATED WITHIN THIS SCOPE OF SERVICES
WILL BE BILLED TO CLIENT AND PAID TO CONSULTANT AT THE HOURLY
RATES AS DETAILED UNDER "CONSULTANT FEES". EXPENSES SHALL BE
REIMBURSED AS DETAILED UNDER "PROJECT RELATED EXPENSES".
CITY ofPearland - Yost Blvd.
Page 4 of 6
CONSULTANT FEES
CONSULTANT shall be paid at the hourly rates shown below.
CLIENT will also reimburse the CONSULTANT for actual, project-related expenses at the rates
set forth below.
CONSULTANT shall submit monthly invoices for services provided under this scope of services
to CLIENT, accompanied by an explanation of charges, professional fees, services, and
expenses. CONSULTANT's correct invoices submitted to CLIENT prior to the 5th day of any
month will be billed to CITY by CLIENT along with CLIENT's normal billing for that month.
Terms are DUE UPON RECEIPT, and CLIENT shall make every effort to pay CONSULTANT
within two (2) weeks of the receipt of payment from CITY by CLIENT. In no event shall
invoice payment exceed thirty (30) days after the date of receipt of payment of
CONSULTANT's invoice by CLIENT. In the event CONSULTANT's invoices are not paid
within thirty (30) days of receipt of payment by CITY to CLIENT, a 1.5% finance charge shall
be added monthly until the invoice is paid in full.
The maximum fee to be paid to CONSULTANT under this scope of services shall be $2,700.00
for any individual parcel. In the event that all services anticipated under this scope of services
for a parcel cannot be finalized for that amount} permission to exceed the $2,700.00 maximum
per parcel shall be requested by CONSULTANT of CLIENT and CITY. Permission to exceed
that amount shall not be unreasonably denied and in no event shall CONSULTANT be required
to continue to provide services beyond the $2,700.00 maximum for any parcel without additional
compensation at the hourly fees as set forth below. If permission to proceed past the $2,700.00
benchmark is denied, CONSULTANT shall immediately turn over the subject parcel file to
CLIENT and CONSULTANT shall have no further obligation to provide the services listed in
the "Scope of Services" for the subject parcel. A final invoice for the services provided will be
submitted by CONSULTANT to CLIENT and said invoice shall be paid as per the procedures
for payment outline herein.
CONSULTANT HOURLY FEES
TITLE
HOURLY FEES
Condemnation Support ................................................................................................ $75.00 / hr
Project Manager ........................................................................................................... $75.00 / hr
Acquisition Specialist .................................................................................................. $75.00 / hr
Relocation Specialist .................................................................................................... $75.00 / hr
Title Coordinator / Reviewer ........................................................................................ $75.00 / hr
Senior Right of Way Agent .......................................................................................... $75.00 / hr
Senior Title Examiner .................................................................................................. $75.00 / hr
Documents Specialist ................................................................................................... $75.00 / hr
CITY of Pearland- Yost Blvd.
Page 5 of 6
PROJECT RELATED EXPENSES
AUTOMOBILE EXPENSES
Automobile expenses for miles driven on the Project in conjunction with services billed hourly
shall be reimbursed to CONSULTANT at the rate of $.365, or applicable IRS allowable rate per
mile. Mileage charges shall be the lesser of.' distance fi.om CONSULTANT'S office to worksite
and return or distance fi.om employee's home to worksite and return to home or office.
TRAVEL EXPENSES (If authorized in writing by CLIENT)
CLIENT will reimburse CONSULTANT for lodging, meals and incidental expenses (Per Diem
Expenses) when CONSULTANT's personnel are required bY the CLIENT to be away fi.om their
primary residence and overnight stay is required. Per Diem Expenses shall be billable as
follows, at the CONSULTANT's option:
b)
c)
Actual cost of lodging (not to exceed $75.00 per night excluding tax) plus $25.00
per day for meals and incidental expenses. Lodging that exceeds $75.00 per night
shall require approval in advance by CLIENT.
Lodging, meals and incidental expenses at the rate of $95.00 per calendar day.
Expenses for out of town or out of state travel to be approved by CLIENT prior to
expenses being incurred.
MISCELLANEOUS PROJECT RELATED EXPENSES
a)
b)
c)
d)
e)
g)
h)
Notary fees
Long distance telephone charges
Miscellaneous office supplies
Postage
Copies, reproduction, duplicating and blueprinting service
Recording fees
Auto parking, bridge, tunnel and road tolls
Other expenses authorized by CLIENT in the performance
Services
of the Scope of
All Project Related expenses will be billed at cost plus ten percent (/0%).
CITY ofPearland - Yost Blvd.
Page 6 of 6