R2002-0160 10-14-02 RESOLUTION NO. R2002-160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, APPROVING WORK AUTHORIZATION #6 SUPPLEMENT/t4 FOR
ENGINEERING SERVICES ASSOCIATED WITH THE PEARLAND
MOBILITY AND DRAINAGE BOND PROGRAM.
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 #6 Supplement #4,
which is attached hereto as Exhibit "A."
Section 3. That work authorization #6 Supplement #4 for engineering services
associated with the Pearland Mobility and Drainage Bond Program is hereby approved.
PASSED, APPROVED and ADOPTED this the 14 dayof 0¢l:obe~' ,
A.D., 2002.
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
TOM REID
MAYOR
ATTACHMENT D
WORK AUTHORIZATION NO. 6
SUPPLEMENT NO. 4
Exhibit "A"
R2002-'160
This Work Authorization is made pursuant to the terms and conditions of the Pearland
Mobility 8,: 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. 6 Supplement No. 4 is related to Baily/Oiler Road
from SH 288 to SH 35. The Engineer will perform ROW Acquisition services.
PART 2. The maximum amount payable for services under this Work Authorization No.
6, Supplement No.4 is $513,000.00. This amount is based on the following attached fee
proposals submitted by Cobb Fendley & Associates, dated September 13, 2002 in the
/
amount of $256,500.00; and Contract Land Staff, Inc. dated September 23, 2002 in the
amount of $256,500.00.
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 October 7, 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 Authorizatiort is hereby accepted and acknowledged below.
ENGINEER
By: ~f' ~ By:
CITY OF PEARLAND
Typed or Printed Name
Typed or Printed Name
Title
Date
LIST OF EXHIBITS
Exhibit A - Fee Schedule
Exhibit B - Work Schedule
"J Title
/5-
Date
T~Jrn~r Collie Braden Inc.
9/30/2002
EXHIBIT A
FEE SCHEDULE
Pearland Mobility & Drainage Bond Program
Work Authorization No. 6
Supplement No. 4
Summary
Project
Bailey/Oiler Road Improvements
Engineerin.q Services
Hydrologic & Hydraulic
Environmental Compliance
404Permit
Topographic Survey
Geotech
ROW Maps & Documents
PS&E
ROW Acquisition Assistance
Materials Testing
Subtotal
Klotz Associates, Inc.
Harding ESE
C. L. Davis & Company
HVJ Associates, Inc
Cobb Fendley
Contract Land Staff
Total to Date
Previous
Authorization
$ 117,500.00
$ 110,012.00
$
$ 308,400.0O
$ 131,560.00
$
$
$
$
$
$ 667,472.00
Current
Authorization
-
-
-
-
-
-
-
$ 256,500.00
$ 256,500.00
$ -
$ 513,000.00
$ 1,180,472.00
Page I of I
September 13, 2002
,Cobb
Mr. Jim Keller, P.E.
Turner Collie & Braden Inc.
5757 Woodway
Houston, Texas 77057-1599
Re: Bailey/Oiler Road from FM 1128 to SH 288
Dear Mr. Keller:
Cobb, Fendley & Associates, Inc. (CFA) is pleased to provide you with this proposal for
Right-of-Way acquisition services. The proposed Scope of Services, Basis of
Compensation and Schedule of Work are outlined on the following pages.
SCOPE OF SERVICES
· Secure a copy of the current property ownership deed.
· Meet with property owner to negotiate the acquisition.
Prepare all documentation necessary for acquisition including
correspondence I.etters, contact reports, etc. as required by the City of
Pearland.
· Meet with propeKy owners to execute instrument.
· Prepare Limited Title Certificate for properties with a value less than
$25,000.OO.
· Record documents in public records and/or attend closings at title company.
· Furnish closed file to Turner Collie & Braden.
· There is no relocation or appraisal services included in this scope.
BASIS OF COMPENSATION
The work outlined in the Scope of Services can be provided on an hourly basis at
the following rates:
Acquisition $75.00 per hour not to exceed $2,700.00 per parcel, for an
estimated 95 parcels, without the written approval of the Turner Collie &
Braden for exceptions.
5300 Hollister, Suite 400 I Houston, Texas 77040-6138 ]Voice 713.462.3242 ]Fax 713.462.3262 I www.cobfen.com
Mr. Jim Keller
September 13, 2002
Page 2
· The Bailey/Oiler Road project from FM 1128 to SH 288 consists of an
estimated 95 parcels therefore, the not to exceed total will be $256,500.00.
Easement fee paid to landowner by CFA on behalf of the City of Pearland is
reimbursable at cost. (Fee Schedule to be provided by the City).
SCHEDULE OF WORK
Cobb, Fendley & Associates, Inc. can begin work upon receiving written authorization to
proceed. Nine to Eighteen months will be required to complete the acquisition process.
Should unusual circumstances create a delay in the process, Turner Collie & Braden
will be notified and provide CFA with specific instructions on a parcel-by-parcel basis.
We appreciate the opportunity to provide acquisition services to you and we look
forward to being a part of your team.
Respectfully yours,
COBB, F~N~)LEY & ASSOCIATES, INC.
Right of Way Project Manager
%CO VTR CT
September 23, 2002
Mr. James W. Keller
Turner Collie & Braden Inc. (TCB)
5757 Wood~vay
Houston, TX 77219
Re: Baily Road 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 95 parcels making the total "not to
exceed" cost $256,500.00.
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 from TCB.
Thank you for the opportunity to submit this proposal.
Very Truly Yours,
'Brent Lef(w~h~
CEO
Contract Land Staff, Inc
AGREED AND ACCEPTED
TURNER, COLLIE & BRADEN (TCB)
By:
Title:
Date:
(281) 240-3370
Corporate Office
(800) 874-4519
(281) 240-5009 fax
Baily Road
FM 1128 to Highway 35
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
L 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 fro: 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 of Pearland - Baily Road
Page 1 of 6
Phase IL 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 final information from the Right-of Way/Engineering Project
Manager as described in Phase t 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 that delays in the progess of work are caused by CONSULTANT's
inability to ascertain current correct title information, CONSULTANT will notify
CLIENT in writing of said delays as soon as is reasonably possible. Upon
notification, CONSULTANT and CLIENT will collaborate to determine how to best
properly.address delays and proceed accordingly.
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 limited 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.
CITY of Pearland - Baily Road
Page 2 of 6
CONSULTANT will make an initial written offer to the property owner, ~vhich 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
(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 obta!ning 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 from the
property owner will not be possible, CONSULTANT shall notify CLIENT that an
agreement cannot be reache, d with the Property Owner. CLIENT will obtain permission
from 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 of Pearland - Baily Road
Page 3 of 6
CITY assumes as its obligation, the responsibility of responding to CONSULTANT
concerning inquiries from 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.
CONSULTANT may, if requested by CLIENT, provide the following additional services to
CLIENT at the hourly rates as shown under "CONSULTANT's RATES" attached hereto.
Phase IIL Condemnation Support
· Assist the CITY's Attorney as requested.
Phase III. Utilitl, Relocation
· Coordinate Utility Relocation as requested,
Phase I/, Additional Consulting Services
· Any additional consulting services under this contract shall not be undertaken without
attthorization 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 of Pearland - Baily Road
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 nom~al 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 SerGces" 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 - Baily Road
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 from CONSULTANT'S office to worksite
and return or distance from 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 from their
primary residence and overnight stay is required. Per Diem Expenses shall be billable as ·
follows, at the CONSULTANT's option:
a)
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)
f)
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 (10%).
CITY of Pearland - Baily Road
Page 6 of 6
· 1o/7
Turner Collie _ Braden Inc.
ENGINEERS.PLANNERS.PROJECT MANAGERS
PO Box 130089
Houston, Texas 77219
5757 Woodway
713-780-4100
Fax 713-780-0838
TRANSMITTAL
Date:
To:
Re:
Job No.:
Transmitted Via:
October 21, 2002
Mr. Bill Eisen
City Manager
City of Pearland
3519 Liberty Drive
Pearland, TX 77581
City of Pearland
Bailey/Oiler Road
Work Authorization No. 6 - Supplement No. 4
052511256.0001.00006.6401/13-11256-006
Courier
We are sending you the following:
Copies Description
1 Fully executed original Work Authorization No. 6, Supplement No. 4, Attachment D
to the above referenced project.
Remarks: We have retained one original for our use.
Copies To: File
Craig L:~t_ e~st~r, P.E.
Project Manager
CLH/mmc
Attachment
CITY OF PE,ARLAND
MOBILITY & DRAINAGE PROGRAM
BAILY ROAD
ID
1
0
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
Task Name
Bally Road
Preliminary Engineering Services
Data Collection
Field Reconnaissance
Authorization -Survey
Prep of Contracts
Survey
ROW Mapping
Authorization-Geotech & ESA
Prep of Contracts
Authorization - Drainage Studies
Prep of Contracts
Geotech Studies
Drainage Studies
Phase I ESA
Authorization ROW Acqusition
Prep of Contracts
ROW quisition
Preliminary Design
Review City of Pearland
Final Design
E Authorization
CC
•
Prep of Contracts
Design 30%
Review 30% Design
Design 60%
Review 60%
Design 90%
Review 90%
Complete Bid Documents
Advertize,Bid & Award
Advertize Bid
Pre Bid Con(rence
Receive Bids
Recommend Award
Award Construction Contract
Construction Phase
Notice to Proceed
Construction
Duration
1691 days
625 days
22 days
21 days
O days
15 days
84 days
84 days
0 days
22 days
O days
15 days
84 days
84 days
84 days
0 days
15 days
365 days
84 days
10 days
414 days
O days
21 days
84 days
14 days
84 days
14 days
84 days
14 days
120 days
40 days
0 days
o days
0 days
0 days
Odaysl
900 days
0 days
900 days
Start
Mon 2/4/02
Mon 2/4/02
Mon 2/4/02
Fri 2/8/02
Mon 2/11/02
Mon 2/11/02
Tue 4/16/02
Fri 4/26/02
Mon 6/10/02
Tue 6/18/02
Mon 8/5/02
Mon 8/5/02
Wed 7/10/02
Finish
Thu 9/21/06
Predecessors
Tue 10/21/03
Mon 2/25/02
Thu 2/28/02 3SS
Mon 2/11/02
Mon 2/25/02 5
Mon 7/8/02
Thu 7/18/02
Mon 6/10/02 5FS+50 days
Tue 7/9/02 9
Mon 8/5/02
Mon 8/19/02 11
Tue 10/1/02 10
Tue 8/20/02 Mon 11/11/02 12
Wed 7/10/02
Mon 10/7/02
Mon 10/7/02
Tue 10/1/02 10
Mon 10/7/02
Mon 10/21/02 16
Tue 10/22/02 Tue 10/21/03 17
Tue 9/10/02
Tue 12/3/02'
Mon 12/30/02
Mon 12/30/02
Tue 12/31/021
Tue 12/31/02'
Tue 3/25/03Mon 4/7/03 24
Tue 4/8/03 Mon 6/30/03 25
Tue 7/1/03 Mon 7/14/03 26
Tue 7/15/03 Mon 10/6/03 27
Tue 10/7/03 Mon 10/20/03 28
Tue 10/21/03
Tue 2/17/04
Tue 2117/04
Tue 3/9/04
Mon 3/15/04
Mon 3/22/04
Sun 3/28/04
Sun 4/4104
Sun 4/4/04
Mon 12/2/02 7,13FF+21 days,1'
Thu 12/12/02 19
Tue 2/17/04
Mon 12/30/02 20FS+18 days
Mon 1/20/03 22
Mon 3/24/03 22
Tue 2/17/04 29
Sun 3/26/04
Tue 2/17/04 30
Tue 3/9/04 32FS+21 days
Mon 3/15/04 32FS+27 days
Mon 3/22/04 34FS+7 days
Sun 3/28/04 35FS+6 days
Thu 9/21/06
Sun 4/4/04 36FS+7 days
Mon 4/5/04 Thu 9/21/06 38
Dec
2002
Jan
Feb
Mar
Apr
Oct
Nov
Apr ®®
Aug
Sep
Oct
Nov
2004
Dec Jan
Feb
Mar Apr
May
Jun
Jul
Aug
Sep
Oct
Nov
2005
Dec Jan
Feb Mar Apr
Ma
Jul
Aug
Sep
I:5:i
5:_:.-
2003
Dec Jan
Feb
I:®
12/30
Jul
Aug
Sep
Oct
Nov
2006
Dec Jan
Apr
May
Jun
Jul
Aug
S
p
•
Turner Collie & Braden Inc
Project: 13-11256
Date: Mon 9/30/02
Task
Split
Progress
Milestone
•
Summary
Rolled Up Task
Rolled Up Split
Rolled Up Milestone
Rolled Up Progress
External Tasks
Project Summary
Page 1