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R2007-133 2007-08-27 RESOLUTION NO. R2007 -133 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS FOR LAND ACQUISITION AND APPRAISAL SERVICES ASSOCIATED WITH THE COWART CREEK DIVERSION PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contracts for land acquisition services and appraisal associated with the Cowart Creek Diversion Project, 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 contracts for land acquisition and appraisal services associated with the Cowart Creek Diversion Project. PASSED, APPROVED and ADOPTED this the 2yth day of August, A.D., 2007. c- ~ f(e.:,; TOM REID MAYOR ATTEST: APPROVED AS TO FORM: (J ---:.. A (JL DARRIN M. COKER CITY ATTORNEY Exhibit II A" Resolution No. R2007-133 07 -0058 - DR0602 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on August 27th , 2007 by and between the City of Pearland ("CITY") and Texas Land Professionals, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform Right of Way Services for 35 fee acquisition described as Cowart Creek Diversion Project (Project No. DR0602). 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 Right of Way Services on the Cowart Creek Diversion Project. See Exhibit A, attached, for a detailed SCOPE OF SERVICES. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULT ANT 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 recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSUL T ANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. E. 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 anyone 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 anyone 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. F. 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 CONSUL T ANT, 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 completion of project. SECTION III - CONSULTANT'S COMPENSATION A. The method of payment for this CONTRACT is payment by milestones / not to exceed rate per parcel. Total compensation for the services performed shall be the sum of $105,000.00 -2- Per parcel billing is to be paid as follows: Progressive payment: 25% upon presentation of initial offer. 60% upon presentation of final offer or on execution of deed, or payment submission. 100% upon successful negotiation/award and all instruments are recorded. B. The CITY shall pay the CONSULTANT in installments based upon a per parcel basis, progress reports and detailed invoices submitted by the CONSULTANT subject to the following limitations: C. Payment will be made for services rendered, provided that: 1. Invoices must be submitted on the Contractor's own invoice form and must be prepared to show: a. The date; b. Name and address of the Consignee; c. Item/reference number, deliverable and/or description of work; d. PO number; the amount invoiced and remaining contract balance. 2. Time sheets are provided to support the time being claimed. D. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. 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 -3- CONSUL T ANT or its sub-consultant(s) or in any way affect the CONSUT ANT's status as an independent contractor ofthe 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 1600 Hwy. 6, Suite 250, Sugar Land, Texas 77478 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 drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULT ANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th 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 ofthe work. 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 ofthe parties. -4- 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 ofthe parties hereto. The parties have executed this CONTRACT this 27th day of August ,2007. CI~'TEXA: ~'\'" ,,"'""- 0,,, (" /') /' ),.y A "I>! A CONSULTANT ? / /(Zl/y;:) L \ I -5- . Texas Land Professionals, Inc. 1600 Highway 6, Suite 250, Sugar Land. Texas 77478 RIGHT OF WA\' AND ACQnSITlON SERVICES PROPOSAL .\ugllsr I.), ~Olr )'Ir. .\nthom' \. u City of Pearland 3519 LibcrtY Dri"e Pearland, TX 7-518 Rc: Proposal for the Fec Acquisition of 35 petrcels of Land as related to the Cowart Creek Diversion Project DC:lr ~Ir. \'u; Belo\\' YOll will find :1 proposal for lI1C right of way work for the fee acqUIsition of 35 parcels of land for the Cowart Creek Di'-crsion Project: Estimated Parcels 35 Fee Per Parcel $ 3,000.00 Total "his proposal will nor exceed the estimated S 105,000.00 without prior consent from the City of Pearland. Scope of Sen'ices (see attached Exhibit ".\") Tlus project will be billed on the City's ~Iilesroncs schedule. Per parcel fee includes fees for mileage. copies! reproduction costs, meeting attendance, etc. Thank you for allowing us the opportunity to submit this proposal for right-of-way acquisitions and please contact me at 281.207.0550 if I can answer any questions or be of further assistance. Sincerely, ~.~~ Da\-id Parkerson, President Texas Land Professionals, Inc. Toll Free: (8001 960-7-t1-t . Tel: (1811107-()550 . Fax C!81l 107,0551 CITY OF PEARLAND EXHIBIT .\ RIGHT OF WAY SCOPE OF SERVICES FOR Cowart Creek Diversion D R0602 13.\$[( SER\'[CES: This Scopc of Services covers the requirements for the Consultant to fumish qualitied personnel to assist the City of Pearland (COP). Tcxas on an "as-needed" basis to provide right of way related sef\'ices. Services to be performed shall include. blll not be limited to. acquisition. negotiations. preparation of condemnation packages. scuh:ments. closing. and relocation. COP will contract separately with appraisers. title companies. surveyors. environmemal engineers. real estate and condemnation auomeys and other professional services as needed. Phase (: Proiccl Administration I. Project Kick-Off Meeting 1.1 Attend preliminary kick-off meeting with COP regarding the Project to discuss project. 1.2 Consultants will coll.;-cl. revi.;-w and veritY cxisting information as well as other information pro\'ided by the CO P (and mher) such as. but not limited [0 surveys. public and privatc utilities. topographical maps. right of way (ROW) acquisitiOl'\Jmaps. record drawings, preliminary plans. drawings. other plans. drawings: and be responsible for any such infonnation utilized in connection with services performed. 1.3 Discuss project requirements and delineation of eonsulram responsibi I ities. I'" 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. ") Communication 2.1 Maintain CtllTent status reports of all parcel and projcct activities and provide monthly or as requested by COP. Provide monthly summarics of project expenses including amounts authorized. amounts paid and budget forecasting or less frequent as required by COP. Attend monthly progress meetings to discuss progress. schedule. problems and resolutions or as requested by COP. "') ") 2.3 J. File Management 3.1 Create individual parcel files. Sec exhibit "B" 3.2 Maintain copies of all correspondence and contacts with property owners. 3.3 Prepare invoices utilizing the COP standard paymenl submission torms with supporting documentation. 3.4 Maintain records of all payments, amount. and dale paid. 3.5 Fumish individunl parcel tiles 10 COP in hard tile and PDF tormat. CITY OF PEARLAND 2 -I. Phase II: Land Acquisition Negot iat ions 5.1 Review all appraisal reports lor each parcel to determine consistency of \'alucs. supporting documentation related to the conclusion rcached. Initial contact in the loml of an intormmional letter to cach landowner describing the project and its impact upon the landowner's property. Follow up on initial contact with a phone call to schcdulc a lacc-to- face mceting with thc landowncr. Prepare the initial offcr lettcr. instruments of conveyance and any othcr doeumcnts required or requested by COP on applicable COP lonlls. Meet in person and ncgotiatc in "Good Faith" with the landowner to work out and obtain in an agreement and compensation that is bene/icial to the owner and the COP. Prcsent the wrillen offer in person wherc practical. and deliver appraisal report. Maintain lollow up contacts and secure the nccessary instrument upon acceptance of the olTer tor closing Respond to property owner inquiries verbally and in \\-Titing in a timely lashion. 5.9 Prepare a ncgotiator contact report for cach parcel pcr contact. 5.10 Advise property owner on the Administrativc Selllemelll process. Transmit to COP any writtcn counter offcr fonll propcrty owncrs including supporting documcntation. along with a recommendation from provider. 5.11 Whcn "Good Faith" ncgotiations tail after at least two lace-to-tace meetings and reasonable effort and correspondence with the landowner. the consultant will provide cvidence of negotiations and correspondence and meet with the COP to discuss further action. 5.12 When the prescribed date tor an administrative offer passes without response from the landowner thc consultant will prepare a condcmnation tile according to the COP direction and in conjullctioll with the City Attomcy's request. 5.13 Prepare tinal offer lelter. dOClIl1lelllS or conveyance as necessary. 5. CITY OF PEARLA:--lD Title services . -1.1 Review pn:liminary titk eommitmcnt or preliminary titk scarch. Cost to preliminary title will bc paid by COP and will not be provided in the scope 0 I' work. -1.2 Analyze preliminary title rcporl to dctenlline potclllial title problems. propose methods to cure titk deticieneies. 5.2 - , ).J 5.-1 5.5 5.6 5.7 5.8 3 5.14 Obtain Tax Certi ticates from designated personnel. 5.15 Deduct prorated taxes in the tinal compensation amount. 5.16 Perfonn those duties required to coordinate the relocation of persons. tillllilies. businesses. farm or nonprotit organizations an;:cted by the COP property acquisition. Phase Ill: Closing 6. Closing Services - Settlement 6.1 Title services. title insurance commitments. policies. closing and escrow services and update title commitments will bc provided by the Title Company selected by the COP. 6.2 Anend closing as needed and provide closing services to support the Title Company. 6.3 Record all original instruments. when applicable. immediately aftcr closing at the respecti\"l: County Clerk's Office. except for donations which be torwarded to COP ti)r acceptance prior to closing. 6A Coordinate with Title Company to secure all documents to transfer clear title to the COP. 6.5 Prepare TREC promulgated L'nimproved Property Contract. if required by the Title Company. 6.6 Furnish recording information and copies of recorded documents to cor. 6.7 Assist the property owner in curing the title in order to complete the transaction. 7. Closing Services - Condemnation 7.1 Maintain a copy of the condemned parcel. In an event of a judgment award. consultant shall coordinate w'ith City's right of way coordinator to obtain copies of all executed post hearing documents for the condemned parcel. (award.lAO. deposit ktter) 7.2 If a scttkmelll is agreed upon by both parties prior to condemnation. consultant shall coordinate with the City's Attomey to comph:te all necessary procedures to close the tile. 7.3 Provide all closed parcel tiles including condemned parcels to COP. S. Additional Services 8.1 Any changes to any parcel. ineluding 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 4 Exhibit "A" Resolution No. R2007 -133 07 -0059 - DR0602 CONTRACT FOR APPRAISAL SERVICES THIS CONTRACT is entered into on _ August 27~h . , 2007 by and between the City of Pearl and ("CITY") and Integra Realty ResourJs. ("CONSUL T ANT"). The CITY engages the CONSULTANT to perform Appraisal Services for 35 parcels described as the Cowart Creek Diversion Project (Project Number: DR0602). 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 Appraisal Services on the Cowart Creek Diversion Project. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. B. The CONSULT ANT 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: (I) 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 anyone 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 anyone 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, CONSULT ANT 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 CONSUL T ANT, 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 lump sum. Total compensation for the services performed shall be the sum of $87,500.00. 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. -2- 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 5718 Westheimer, Suite 1100, Houston, Texas 77057. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULT ANT 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 15th 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 CONSUL T ANT 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. -3- 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 this 27th_ day of Au..:p.!s't; ,2007. ~~ CI 0 PEARLAND, TEXAS c~ -4- INTEGRA Realty Resources HOUSTON Local Expertise... NationaJ/y August 15,2007 City of Pearl and 3519 Liberty Drive Pearland, TX 77581 Attention: Mr. Anthony V u Acquisition Coordinator Project Management Department Re: Appraisal of properties for the Cowart Creek diversion project located in Pearl and, Brazoria County, Texas. Dear Mr. V u, This letter is in response to our conversation regarding your request for a fee quote for summary appraisal reports to provide estimates of just compensation pertaining to acquisitions by the City of Pearland for the Cowart Creek diversion project. We propose to provide summary appraisal reports for the identified properties for a fee of $2,500 per parcel. The appraisals will be completed in the appropriate format with supporting documentation included so that the appraisal reports may be relied upon by a third party with your final offer. If the City is unable to reach an agreed settlement with the property owner, we are available to provide updated appraisal reports and testimony at commissioner's hearing, if necessary. The updated appraisal report will be completed for a fee of $1,500. Our preparation of the court exhibits, commissioners' hearing handouts and testimony will be billed at the hourly rates of $250 per hour for principals, $125 per hour for analyst and $75 per hour for support staff. These fees typically equate to a commissioner's hearing fee of approximately $2,500 to $3,500 for non complex properties. I appreciate the opportunity to continue to be of service to the City of Pearland. I am confident that we can provide a product that will satisfy the needs of the City and facilitate your attempts to acquire the properties in an expeditious manner. IRR. , '. 5718 Westheimer. Suite 1100 . Houston, TX 77057 . Phone: 713-243-3300 . Fax: 713-243-3301 email: houston@irr.com City of Pearl and August 15,2007 If these tenns are acceptable to you, please sign the acceptance space below and fax (713-243-3345) to my attention. In the mean time, should you have any questions or require any additional infonnation. please do not hesitate to contact me at (713) 243- 3344. Sincerely, INTEGRA REALTY RESOURCES. HOUSTON BY: ~Jd Michael W. Welch Director of Litigation TX-1323054-G LOCAL EXPERTISE... NATIONALLY 5718 Weslhelmer, S. 1100. Houston, TX n057. Phone 713-243-3300. Fax 713 243-3301 . internet www.irr.com iiE. ~ .!!m, ~!.t.tt~~-' -~~"!f~~:..~u !t" '~'~111~ ;: ~ ~t~1r,-~~rm. ~~..~ t. ----.--~! ill ,.,.,.. I' ,. ~ ~ ......... .~i,...f '$' ,. . , ~ . i:'~\i'" 1}~~tfJt~t.'-~.4":\: : fr:: 1;11 - . e I. ..J.......+....f. "'I-r".'."r."~;;~ . I 11 -!!!! Jj/I'LI ji" ~~, . ,ff:: '~r.IB1Il::l.'""; ..,.. Iii ." .._~,' ,', r. _. , ~ 1 · ,!:e3', " \..~--t-~--:'F~~m.:r.i ' :~.~ ( .. -: _ .. ll: . ! ~ ~.II._'r.,~. 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