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R2002-0091 07-22-02 RESOLUTION NO. R2002-91 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING WORK AUTHORIZATION #5 SUPPLEMENT #1 FOR RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE CULLEN ROAD EXTENSION PROJECT. 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 #5 Supplement #1, which is attached hereto as Exhibit "A". Section 3. That work authorization #5 Supplement #1 for right-of-way acquisition services associated with the Cullen Road Extension Project is hereby approved. PASSED, APPROVED and ADOPTED thisthe 22 dayof au]y , A.D., 2002. ATTEST: (~ SEC~TARY v -- APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY TO M RE'~ID~/~'b ~~'~~' MAYOR ATTACHMENT D WORK AUTHORIZATION NO. 5 SUPPLEMENT NO. 1 Exhibit "A" R2002-91 This Work Authorization is made pursuant to the terms and conditions of the Pearland Mobility & 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. 5, is related to The Cullen Road Extension Project. The Engineer will perform Land Acquisition Services.. PART 2. The maximum amount payable for services under this Work Authorization No.5 Supplement No.1 is $51,300.00. This amount is based on the attached fee proposal submitted by Crossland Acquisition, Inc. for Land Acquisition Services, dated June 25, 2002. PART 3. Payment to the Engineer for the services established under this Work Authorization shall be "Per Parcel Basis". PART 4. This Work Authorization shall become effective on July 23, 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 Authorization is hereby accepted and acknowledged below. By: ENGINEER CITY OF PEARLAND By:~~~~~- __ Larry P. Janak, P.E. Bill Eisen Typed or Printed Name Typed or Printed Name Senior Vice President City Manager Title Title July 26, 2002 July 22. 2002 Date Date LIST OF EXHIBITS Exhibit A - Fee Schedule Exhibit B - Work Schedule CROSSLAND ACQUISITION, INC. PROPOSAL FOR RIGHT OF WAY SERVICES TO TURNER COLLIE'& BRADEN FOR CULLEN ROAD EXTENSION 6-25-02 PREPARED BY: KEN HARRISON CROSSLAND ACQUISITION, INC. CROSSLAND ACQUISITION, INC. Cullen Street Extension SCOPE OF SERVICES Turner, Collie & Braden, Inc. (TCB) has requested information detailing the scope of services for right-of-way acquisition services. This proposal is written to demonstrate the ability of Crossland Acquisition, Inc. (Crossland) to perform requested services. Below-is a brief outline of the scope of services followed by a synopsis of each service. The services provided and the tasks performed within each service will be modified and restructured as needed at TCB's request. OUTLINE OF SER VICES · Crossland will contact the landowners for a fight of entry for environmental testing and surveying. Crossland will order title policies from a qualified title company for fee purchases. · Crossland will make written offers to the landowners and conduct negotiations. Once an agreement has been reached, Crossland will have the documents prepared and attend the closings. If the landowner refuses the offer or good faith negotiations, Cross[and will turn the file over to TCB to initiate condemnation proceedings. · Crossland will notify the landowners that construction of the project is starting. · Crossland will negotiate damages arising out of construction and will use The City of Pearland (COP) settlement form. · Crossland will close out file. PROJECT 0 VER VIEW Crossland's Houston office will be the home of all files, maps, manuals and other data and information essential to the project. The office address and telephone numbers will be made available to all property owners and interested parties. Normal office hours are 8:30 a.m. to 5:30 p.m., Monday through Friday. Negotiations will be conducted during normal office hours and at other times as requested by property owners or their representatives in order to accommodate their needs. An initial kickoff meeting with TCB officials should be held to concur on strategy, techniques, theories and schedules. At this meeting, TCB will provide Crossland with all appropriate information, including maps, time frames and construction schedules, etc. This strategy should include prioritizing acquisition on each of the parcels and defining three alternative plans for accelerating landowner decisions and dealing with uncooperative landowners. Example: use incentive payments; establish an administrative settlement policy; and/or exercise the right of eminent domain. -1- We believe it is essential that the client and consultant have a thorough and mutual understanding of these matters, not only to provide a quality product, but also to make well-informed presentations to the property owners. RIGHT OF ENTRY Crossland will contact landowners to negotiate a right of entry agreement for environmental testing and surveying of properties. Also, Crossland will conduct an interview with the landowners to determine if they are aware of any events on the property that may have caused contamination. TITLE SERVICES Crossland personnel will obtain a 25 year chain of title and perform title examination for any clouds on rifle. Crossland will obtain necessary releases of liens, irregularities will be forwarded to TCB/COP for further action. Our staff includes two real estate attorneys as well as personnel with over fifteen (15) years of title abstracting and examination related experience. Title issues that could cause delays in executing the easements include probate and heirship, bankruptcy, state and federal tax liens, church and governmental entities in rifle, parcels owned by masts and difficulty obtaining copies of the trust agreements. Crossland will submit fee purchase parcels with values in excess of $25,000 to a qualified title company for title policies and will attend all closings unless otherwise instructed. NEGOTIATION SER VICES To keep a project on schedule, Crossland has established strong internal acquisition guidelines. For each project, Crossland sets aggressive acquisition schedules and strictly adheres to them. Each element of the acquisition process has its own guidelines and timelines. Adherence to these guidelines and timelines has kept prior projects ahead of schedule and on budget, and has prevented the acquisition process from unnecessary delays. In addition, the negotiators to be assigned to these projects have successfully negotiated hundreds of parcels needed for right-of-way purposes. The first step for this project will be for Crossland to mail a project information kit to each landowner. The kit will include an introductory letter from TCB and COP explaining the project in general terms and informing them of Crossland's role in the project. Thero will also be a letter from Crossland introducing ourselves and explaining the acquisition process, the proposed facility to be constructed, the benefits derived from the improvements, and timing for the activities. Sample easement or warranty deed documents and maps will be included, as well. Within five business days after Crossland mails its information kit, we will make telephone calls to all owners affected by the project to verify they received the information kit and confirm initial notice. Meetings with the landowners or their representatives will be scheduled to answer any questions. By the end of this meeting, the landowner should have a thorough understanding of all facets of tiffs right-of-way acquisition process. In order to expedite the execution of the fee purchases, Crossland recommends we establish a predetermined number of contacts (3) to negotiate an agreement. If there is no response or if it becomes apparent that the owners are not willing to negotiate, Crossland will by certified mail send a "Final Offer Letter". In this letter, the landowner will be given the oppommity to reject the offer, accept the offer or submit a proposed settlement, also known as an "administrative settlement". If the landowner does not respond within a specified number of -2- days or submits an administrative settlement that is rejected by COP, the file will be forwarded to TCB and COP for further action and Crossland will close out the file and submit a final invoice for that parcel. If an administrative settlement is submitted and approved by COP for an amount greater than the appraised value, a check request will be made to the COP and the check should be available within 2 to 4 days, as per Standards for Right-of-Way Contracts with the COP. LEGAL SUPPORT SER VICES Clearing title to resolve questions and issues involving trusts and estates, bankruptcies, foreclosures, adverse claimants, landowner-tenant disputes, ownership of improvements and obtaining releases of all encumbrances is one of the most time consuming elements of the right of way acquisition process. Although it is the responsibility of the landowner to satisfy these matters, Crossland will assist the landowner in disposing of these issues in order to expedite the closing. If it becomes apparent that all requirements cannot be resolved, the file will be forwarded to TCB/COP to initiate legal proceedings. ADMINISTRATIVE AND RECORDS MANAGEMENT SER VICES A sound records management system is an essential function of any project. It contains the documentation that supports daily work activities and provides evidence of compliance with all applicable State and Federal laws and regulations. Crossland will prepare standardized files on each parcel in accordance with example file presented to Crossland by TCB. The files will be readilY available for inspection by TCB/COP representatives and will be delivered to TCB/COP as each parcel is closed or as requested. A computerized status report, which tracks the key activities performed on each parcel, will also be maintained and furnished to TCB as requested. Crossland's Project Manager will participate in project review meetings as requested to keep TCB informed as to the current status of the project. Project schedules will be submitted at the beginning of the project and reviewed and/or modified as necessary to meet TCB/COP time constraints. The Project Manager will be responsible for all aspects of this module to assure completion of the project within the time frames required by TCB/COP. NOTIFICATION OF LANDOWNER PRIOR TO CONSTRUCTION Crossland will notify each landowner by mail, telephone or in person to inform them of the date of construction and scheduling for the COP. NEGOTIATE DAMAGE SETTLEMENT,¥ Crossland will negotiate damage settlement claims as a result of construction using an approved damage settlement form from COP. We will notify the landowners of our participation in this process when we notify them of the construction dates. -3- APPRAISAL SER VICES Appraisals of tracts will be authorized by the COP and appraisers will invoice COP directly. RELOCATION SER VICES " Cro~sland is qUalified and ready to perform relocation services if it is determined that such services will be needed. PROJECT COSTS The rate per parcel is $75.00/hour up to a maximum of $2,700 per parcel for tire search, negotiation of right-of- way, recording of deeds/easements, go to closings (COP to sign all closing documents), negotiate damages and notification of project start. Any acquisition costing more that $2,700 Crossland will request written authorization from the TCB/COP to continue as per Standards For Right-of-Way Contracts with the COP. Item of Work Quantity* Acquisition Improved Property Vacant Property Improved Drainage Vacant Drainage 5 parcels 7 parcels 4 parcels 3 parcels Not to Exceed Total Estimated Cost of Fifty One Thousand Three Hundred Dollars ($51,300) without prior written approval. *The above number of parcels is based on preliminary evidence as reflected by the Brazoria County Tax records and may be adjusted upon closer inspections. Crossland's monthly itemized invoice to the client will include amounts paid for the right of way, expenses and an activity report which includes hours worked. We will also include a Progress Report as submitted to us by TCB. CROS/~ ./~. ND Aq?__QI~ISITION, INC. By: Ken Harrison -4-