R2009-132 - 2009-08-10RESOLUTION NO. R2009-132
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING A CONTRACT FOR APPRAISAL SERVICES
ASSOCIATED WITH THE BAILEY ROAD PROJECT.
APPROVED AS TO FORM:
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract for appraisal services associated with the Bailey
Road 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 a contract for appraisal services associated with the Bailey
Road Project.
PASSED, APPROVED and ADOPTED this the 10th day of Au ust, A.D., 2009.
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TOM REID
MAYOR
ATTEST:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution No. R2009-132
CONTRACT FOR APPRAISAL SERVICES
THIS CONTRACT is entered into on August 10 , 2009 by and between the City of
Pearland ("CITY") and Integra Realty Resources. ("CONSULTANT").
The C[TY engages the CONSULTANT to perform Appraisal Services for 64 parcels described as the
Bailey Road Project (Project Number: T08002).
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 Bailey Road Project. See
Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule.
B. The CONSULTANT 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:
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 any one 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 any one 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.
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
CONSULTANT, 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 $160,000.00.
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.
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
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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, CONSULTANT 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 15~' 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 of the work.
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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 10th day of August , 2009.
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CI OF EA AND, TEXAS
Bill Eisen, ity Manager
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CONS LTANT
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NTEGRA Realty Resources
July 29, 2009
City of Pearland
3501 E. Orange Street
Pearland, TX 77581
Attention: Mr. Anthony Vu
Acquisition Coordinator
Project Management Department
Re: Appraisal of properties for roadway
expansion purposes, located in Pearland,
Brazoria County, Texas.
Dear Mr. Vu,
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 expansion of Bailey Road. We propose to
provide summary appraisal reports for the identified properties for a fee of $2,500 per
parcel (assuming no complex appraisals or significant damages). 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 properly 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.
City of Pearland
July 29, 2009
If these terms are acceptable to you, please complete a notice to proceed and fax
(713-243-3345) to my attention. In the mean time, should you have any questions or
require any additional information, please do not hesitate to contact me at (713) 243-
3344.
Sincerely,
INTEGRA REALTY RESOURCES, HOUSTON
BY:
~~
Michael W. Welch
Principal
TX-1323054-G
LOCAL EXPERTISE... NATIONALLY
5718 Westheimer , S. 1100 • Houston, TX 77057 • Phone 713-243-3300 • Fax 713 243-3301 • Internet:
www.irr.com
LETTER OF TRANSMITTAL
359 Liberty Dr., Pearland, Texas 77581
Ph: (z8~) 65z-1756 Fx: (z8~) 65z-i7o6
DATE: zoo9.o8.06
TO: Sonia Webb
City Secretary's Office
From: Patty Patke
Projects Dept.
RE: Ori;~inal Contracts for Council AoDroval
COPIES `PROJECT ~- DESCRfPTION
i' To8ooz -Bailey Road (Veterans to
FM ~iz8 Appraisal Services -
Inte ra Realty Resources Rzoo9-~3z
^ FOR CITY COUNCIL APPROVAL
^ APPROVED AS SUBMITTED
^ FOR YOUR USE
^ SCAN INTO LASERFICHE
^ SUBMIT COPIES FOR DISTRIBUTION
^ AS REQUESTED
^ RETURN CORRECTED PRINTS
^ FOR REVIEW AND COMMENT
Thanks!
Patty Patke
Program Specialist