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R2009-134 - 2009-08-10RESOLUTION NO. R2009-134 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING A CONTRACT FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE BAILEY ROAD PROJECT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain contract for right-of-way acquisition 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 right-of-way acquisition services associated with the Bailey Road Project. PASSED, APPROVED and ADOPTED this the 10t" day of August, A.D., 2009. TOM REID MAYOR ATTEST: o4~;~AFtl.;gj; ~_; Y G L MC '~''` C SE ETARY ~"'~ APPROVED AS TO FORM: Cam.` ~ ~-. DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2009-134 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into on August 10 , 2009 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 32 fee acquisition described as Bailey Road Project (Project No. 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 Right of Way Services on the Bailey Road 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 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 recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT 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 [nsurance 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 famished 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 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 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 $96,000.00 -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: Invoices must be submitted on the Contractor's own invoice form and must be prepared to show: The date; b. Name and address of the Consignee; 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 CTTY'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 inforrnation 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- CONSULTANT or its sub-consultant(s) or in any way affect the CONSULTANT'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 410 W. Grand Parkway South, Suite 390, Katy, Texas 77494 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 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. 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. -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 of the parties hereto. The parties have executed this CONTRACT this 0th day of August , 2009. CITY OF PEARLAND, TEXAS Bill Eisen, City Manager ~1it/ ~'iy~, CONSULTANT -5- ~~ ~, <~ RECE1VEl~ JUL 3 0 09 ~ ~~~ a~ P~rio~ ~ LAN D Pro~eds Depr PROrFSSfOIvAIS RIGHT OF WAY AND ACQUISITION SERVICES PROPOSAL _._.._ July 29, 2009 Mr. Anthony Vu City of Pearland 3519 Liberty Drive Pearland, TX 77581 Re: Proposal for the Fee Simple Acquisition of 32 Parcels of Land as related to the Bailey Road Project Dear Mr. Vu: Below you will find a proposal for the right of way work for the fee simple acquisition of 32 parcels of land for the Bailey Road Project: Estimated Parcels Fee Per Parcel $ Total $ 32 3,000.00 96,000.00 Total $96,000.00 This proposal will not exceed the estimated $96,000.00 without prior consent from the City of Pearland. Scope of Services (see attached Exhibit "A") This project will be billed on the City's Milestones 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 acquisition services and please contact me at 281.391.3000 if I can answer any questions or be of further assistance. Sincerely ~~ / David Parkerson Texas Land Professionals, Inc. EXHIBIT /~ RIGHT OF WAY SCOPE OF SERVICES FOR BAILEY ROAD PROJECT BASIC SERVICES: This Scope of Services covers the requirements for the Consultant to furnish qualified personnel to assist the City of Pearland (COP), Texas on right of way related services. Services to be performed shall include, but not be limited to, acquisition, negotiations, preparation of condemnation packages, settlements/closing, and relocation. COP will contract separately with appraisers, title companies, surveyors, environmental engineers, real estate and condemnation attorneys and other professional services as needed. Consultant will utilize the COP standard Acquisition schedule forms and documents. Phase I: Project Administration Project Kick-Off Meeting 1.1 Attend preliminary kick-off meeting with COP regarding the Project to discuss project. 1.2 Consultants will collect, review and verify existing information as well as other information provided by the COP (and other) such as, but not limited to surveys, public and private utilities, topographical maps, right of way (R01/1~ acquisition/maps, record drawings, preliminary plansldrawings, other plans/drawings; and be responsible for any such information utilized in connection with services performed. 1.3 Discuss project requirements and delineation of consultant responsibilities. 1.4 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. 2. Communication 2.1 Maintain current status reports of all parcel and project activities and provide monthly or as requested by COP. 2.2 Provide monthly summaries of project expenses including amounts authorized, amounts paid and budget forecasting or less frequent as required by COP. 2.3 Attend monthly progress meetings to discuss progress, schedule, problems and resolutions or as requested by COP. CITY OF PEARLAND D-2 Revised 8."23107 3. File Management 3.1 Create individual parcel files per COP standards. 3.2 Maintain copies of all correspondence and contacts with property owners. 3.3 Prepare invoices utilizing the COP standard payment submission forms with supporting documentation. 3.4 Maintain records of all payments, amount, and date paid. 3.5 Furnish individual parcel files to COP in hard file and PDF format. Phase II: Land Acquisition 4. Title services 4.1 Review preliminary title commitment or preliminary title search. Cost to preliminary title will be paid by COP and will not be provided in the scope of work. 4.2 Analyze preliminary title report to determine potential title problems, propose methods to cure title deficiencies. 5. Negotiations 5.1 Review all appraisal reports for each parcel to determine consistency of values, supporting documentation related to the conclusion reached. 5.2 Initial contact in the form of an informational letter to each landowner describing the project and its impact upon the landowner's property. 5.3 Follow up on initial contact with a phone call to schedule a face-to-face meeting with the landowner. 5.4 Prepare the initial offer letter, instruments of conveyance and any other documents required or requested by COP on applicable COP forms. 5.5 Meet in person and negotiate in "Good Faith" with the landowner to work out and obtain in an agreement and compensation that is beneficial to the owner and the COP. 5.6 Present the written offer in person where practical, and deliver appraisal report. 5.7 Maintain follow up contacts and secure the necessary instrument upon acceptance of the offer for closing 5.8 Respond to property owner inquiries verbally and in writing in a timely fashion. 5.9 Prepare a negotiator contact report for each parcel per contact. 5.10 Advise property owner on the Administrative Settlement process. Transmit to COP any written counter offer form property owners including supporting documentation, along with a recommendation from provider. CITY OF PE,~RLAtiD D-3 Revised 8/32/07 5.11 When "Good Faith" negotiations fail after at least two face- to-face meetings and reasonable effort and correspondence with the landowner, the consultant will provide evidence of negotiations and correspondence and meet with the COP to discuss further action. 5.12 When the prescribed date for an administrative offer passes without response from the landowner the consultant will prepare a condemnation file according to the COP direction and in conjunction with the City Attorney's request. 5.13 Prepare final offer letter, documents of conveyance as necessary. 5.14 Perform those duties required to secure agreements to allow the project to commence forward. 5.15 Perform those duties required to coordinate the relocation of persons, families, businesses, farm or nonprofit organizations affected by the COP property acquisition. Phase III: Closing 6. Closing Services -Settlement 6.1 Title services, title insurance commitments, policies, closing and escrow services and update title commitments will be provided by the Title Company selected by the COP. 6.2 Attend closing as needed and provide closing services to support the Title Company. 6.3 Record all original instruments, when applicable, immediately after closing at the respective County Clerk's Office, except for donations which be forwarded to COP for acceptance prior to closing. 6.4 Coordinate with Title Company to secure all documents to transfer clear title to the COP. 6.5 Prepare TREC promulgated Unimproved Property Contract, if required by the Title Company. 6.6 Furnish recording information and copies of recorded documents to COP. 6.7 Assist the property owner in curing the title in order to complete the transaction. CITY OF PEARLA~ID D-4 Revised 8/22/07 7. Closing Services - Gondemnation 7.1 Maintain a copy of the condemned parcel. In an event of a judgment/award, consultant shall coordinate with City's right of way coordinator to obtain copies of all executed post hearing documents for the condemned parcel. (award, JAO, deposit letter) 7.2 If a settlement is agreed upon by both parties prior to condemnation, consultant shall coordinate with the City's Attorney to complete all necessary procedures to close the file. 7.3 Provide all closed parcel files including condemned parcels to COP. 8. Additional Services 8.1 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 will be billed at an hourly rate not to exceed per parcel amount. CITY OF PEARLAND D-~ Revised 8i2?/07 LETTER OF TRANSMITTAL 359 Liberty Dr., Pearland, Texas 7758 Ph: (28~) 652-1756 Fx: (28~) 652-706 DATE: 2009.08.06 TO: Sonia Webb City Secretary's Office From: Patty Patke Projects Dept. RE: Original Contracts for Council Approval COPIES PROJECT ~ DESCRIPTION -< ~~ To8ooz -Bailey Road (Veterans to FM ~iz8 Professional Services - Texas Land Professionals Rzoo,9-~34 ^ FOR CITY COUNCILAPPROVAL ^ 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 ii iI I I II ---� i/// 1 mom II WSW MIN MM. I. F flN I I BAILEY ROAD C.R. 101 IMBIf[YA4LY uL1oE �) III /i i &llLEY ROAD (GR. I07) ti § BAILEY ROAD (C.R. 101) . —I- SPUX NY01 W VAX raw row FHONC INRIrA RRWO RL591I 4 ®1 RCI[NU BOW4TXT N HAAS CE00N nix YV 0011960 VILWEL IS ,,,,MEIN.0 A R.Xn Nu ,..r.L moron raw raw .00. G A SIMS r MEM HANG IIN-III i DPANIl G WI V MA7RW MELO ET AL IP AL roam IN AALISON LI..N A P-IU FIVESPAIII GROUP.UX ET N O N V, fl N MLR STEWS IMRS .. 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