R2024-158 2024-08-26RESOLUTION NO. R2024-158
A Resolution of the City Council of the City of Pearland, Texas, awarding a 3-
year unit cost contract (1-year initial term with two 1-year renewals) for
property acquisition and relocation services with Right-of-Way Solutions LLC.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That proposals for property acquisition and relocation services have been
reviewed and evaluated.
Section 2. That the City Council hereby awards 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 26th day of August, A.D., 2024.
________________________________
J.KEVIN COLE
MAYOR
ATTEST:
________________________________
FRANCES AGUILAR, TRMC, MMC
CITY SECRETARY
APPROVED AS TO FORM:
________________________________
DARRIN M. COKER
CITY ATTORNEY
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F.If the CITY terminates this CONTRACT for cause and/or if the CONTRACTORbreaches 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 disputearising 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.
CONSUL TANT 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 parry 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 CONSUL TANT 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 Vlll- 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 26 day of August,, 2024.
CITY OF PEARLAND, TEXAS
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CITY OF PEARLAND PROPERTY ACQUISITION &
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EXHIBIT “A”
SCOPE OF SERVICES
1.0 SCOPE OF SERVICES
1.1 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 will be to prepare the necessary
documents, acquire the rights of way, easement rights, temporary construction 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.
1.2 Services shall include, but are not limited to the following activities:
1.2.1 Project Administration: Consultant will visit project with City staff.
1.2.2 Project Office (in the surrounding area):
1.2.2.1 Open during normal City work hours.
1.2.2.2 At least one office staff member of the Provider is required to be a
current commissioned notary public.
1.3 Communication
1.3.1 Attend monthly meeting with appropriate City staff. Date, time and location are
determined by City staff.
1.3.2 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.
1.3.3 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.
1.3.4 Provide schedule of all areas of work indicating anticipated start and end dates.
The reporting format will be determined by City staff.
1.3.5 Prepare initial property owner contact list for use by City staff in distribution of
Consultant introduction letters or as determined necessary by the City.
1.4 File Management
1.4.1 The format for type of file folders and document order and placement are
determined by City staff.
1.4.2 Prepare invoices utilizing City standard payment submission forms with
supporting documentation. Supporting documentation requirements are
determined by City staff.
1.4.3 Maintain records of all payments including, but not limited to, check number,
amount, date paid, etc.
1.4.4 Maintain copies of all correspondence, emails and contacts with property
owners.
1.4.5 Turn over all files, hard and pdf files to the City upon completion of the project
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or as requested by the City.
1.4.6 All files shall be accessible and available to the City or assignee.
2.0 TITLE AND CLOSING SERVICES (combined)
2.1 Secure preliminary title commitment or preliminary title search, and 5-year sales data
from Title Company that will be providing title insurance.
2.2 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 (preferred title
company: Title Houston Holdings).
2.3 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
Consultant’s fee schedule.
2.4 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 Consultant’s fee schedule.
2.5 The curative services necessary to provide clear title to the City is the responsibility of
the Consultant and is to be included in the fee schedule for this service.
2.6 The Consultant 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.
2.7 The Consultant provides closing services in conjunction with the Title Company and will
be required to attend closings.
2.8 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 Consultant will be paid.
2.9 Consultant 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 Consultant’sfee schedule.
3.0 ACQUISITION SERVICES
3.1 Review right of way, parcel sketches and construction plans provided by the City and
provide comments when necessary.
3.2 Verify that legal descriptions, right of way maps, construction plans, survey (if provided)
and appraisal reports correspond with each other.
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3.3 Issue all applicable notices in accordance with City, State, Federal policies and
procedures.
3.4 Analyze preliminary title report to determine potential title problems, propose and
inform City of methods to cure title deficiencies.
3.5 Analyze appraisal and appraisal review reports and confirm the City’s approved value
prior to making offer for each parcel.
3.6 Prepare and send the letter transmitting the Landowners’ Bill of Rights by Certified Mail-
Return Receipt Requested (CMRRR).
3.7 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.
3.8 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.
3.9 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.
3.10 Prepare a separate negotiator contact report for each parcel.
3.11 Advise property owner of the Administrative Settlement process. Transmit to the City
any written counter offer from property owners including supporting documentation.
3.12 Prepare and mail the documents of conveyance.
3.13 Appear and provide Expert Witness testimony as a Provider when requested.
3.14 Securing a Right of Entry or Possession and Use Agreement is part of general
Negotiation Services.
4.0 RELOCATION ASSISTANCE SERVICES
For Residential, Business, Personal Property, Mini Storage Units and Outdoor Advertising Signs
(as required by Work Authorization)
4.1 Comply with all Federal/State/City requirements, policies and procedures in providing
Relocation Assistance.
4.2 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
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Appraiser’s inspection of the subject property in order to coordinate the appraiser’s
inspection with (if applicable and practical) the initial interview with the Displacee by
the Relocation Assistance Specialist.
4.3 All relocation documents shall be consistent with Texas Department of Transportation
format and may be modified as deemed necessary by the City.
4.4 Notify all Displacees of eligibility for relocation assistance. At the time of initial contact,
provide Displacees with a Relocation Assistance Packet consisting of;
4.4.1 Relocation Advisory Assistance – Parcel Record
4.4.2 Displacee Move Plan
4.4.3 Certification of Eligibility
4.4.4 Relocation Assistance Brochure (the City will provide the Provider with the
brochures)
4.4.5 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.
4.4.6 Locate, evaluate, and maintain files on comparable available housing to
complete residential property evaluation form.
4.5 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.
4.6 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.
4.7 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.
4.8 Notify City staff immediately if the Displacee does not move after 30-day notice expires.
4.9 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.
4.10 For non-residential moves, Negotiated Self-Moves
4.10.1 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.
4.10.2 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
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list, type of move requested, and project move date. This is required for pre-
approval by the City.
4.11 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.
4.12 Coordinate and monitor moves with displaced homeowners, business owners, tenants,
and with moving companies in accordance with City procedures.
4.13 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.
4.14 Attend closings on replacement property if requested by any party involved, and assure
supplemental payment is properly distributed.
4.15 Process and compute increased interest payments as required.
4.16 Relocation agent will be available for any appeals and hearings.
4.17 Prepare all relocation payment claim submissions for all Displacees in accordance with
City guidelines.
4.18 Deliver warrants in accordance with City guidelines.
4.19 Issue Relocation Surveys to all Displacees.
4.20 Provide an executed Certification of Eligibility form with all Displacee claims.
5.0 CONDEMNATION SUPPORT SERVICES
5.1 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.
5.2 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.
5.3 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)
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5.4 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.
5.5 Provide all closed parcel files including condemned parcels to City.
5.6 Attendance at depositions, pre-trial, or other court hearings.
5.7 Any other services deemed necessary by the City’s legal department to successfully
litigate and defend the City’s position in court including but not limited to production
request.
5.8 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.
6.0 FEE SCHEDULE – PAYMENT MILESTONES:
6.1 Fee for Acquisition Service
6.1.1 Payment made on per parcel basis
6.1.2 25% payment milestone paid upon presentation of initial offer.
6.1.3 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.
6.1.4 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.
6.2 Fee for Relocation Service
6.2.1 Payment made on per Displacee basis
6.2.1.1 40% payment milestone paid upon submitting to City staff completed
1.7.4.1, 1.7.4.2 and 1.7.4.3.
6.2.1.2 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%.
6.2.1.3 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.
6.2.1.4 30% payment milestone paid upon transmittal of memorandum to City
staff stating that all relocation assistance has been completed.
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