Loading...
R2001-0162 11-12-01 RESOLUTION NO. R2001-162 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ENTER INTO CONTRACTS WITH CARTER & BURGESS, INC. AND CROSSLAND ACQUISITION, iNC. FOR ENGINEERING AND RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE FM 518 WEST SEWER 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 Carter & Burgess, Inc., 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 certain contract by and between the City of Pearland and Crossland Acquisition, Inc., a copy of which is attached hereto as Exhibit "B" and made a part hereof for all purposes, is hereby authorized and approved. Section 3. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest contracts with Carter & Burgess, Inc. and Crossland Acquisition, Inc. for engineering and right-of-way acquisition services associated with the FM 518 West Sewer Project. PASSED, APPROVED and ADOPTED this the 12 day of ~ovember ., A.D., 2001. TOM REID MAYOR 1 RESOLUTION NO. R2001-162 ATTEST: ~(.,~/U N G 'l_'(~l~ F ~fINl'~r / '- ~ (~[/I- Y SECRETARY~ ~ APPROVED AS TO FORM: DA"JR"RIN M. COKER CITY ATTORNEY 2 Exhibit "A" R2001-162 CITY OF PEARLAND STANDARD AGREEMENT FOR ENGINEERING SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter"City"), and CARTER & BURGESS, INC. (hereinafter "Engineer") as follows: 1. Summary of Contract Terms. The following information and referenced documents shall be a part of this Contract: Engineer: Carter & Burgess, Inc. Description of Project: FM 518 West Sewer Maximum Contract Amount: $390,417.00 Contract Begins: Upon execution Contract Ends: Upon completion Attached Contract Document: Exhibit A - Engineer's Scope of Services Exhibit B - Man-hour Estimate for Construction Administration Services Proposal for Subcontract with C.L. Davis & Company Proposal for Subcontract with Geotest Engineering, Inc. Proposal for Subcontract with Shrader Engineering Company 2. Services and Payment. Engineer shall perform services within the Standard of Care of the Engineering profession as follows: A. Engineer will furnish services to the City in accordance with the terms and conditions specified in this Contract. Progress payments may be requested by Engineer based on the amount of services completed. Payment for the services of Engineer shall be due and payable upon submission of a statement for services to City. Statements for services shall not be submitted more frequently than monthly. Any applicable new taxes imposed upon services, expenses, and charges by any governmental body after the execution of this Contract will be added to Engineer's compensation. If City fails to make any payment due Engineer for services and expenses within thirty (30) days after receipt of Engineer's statement for services therefore, the amounts due Engineer will be increased at the rate of one percent (1%) per month from said th thirtieth (30) day, and, in addition, Engineer may, after giving seven (7) days' written notice to City, suspend services under this Contract until Engineer has been paid in full, all amounts due for services, expenses, and charges. B. All the Engineer's working drawings, plates, and specifications, if required under this Contract, shall be sufficiently accurate, detailed, and complete so that competitive bids for the work can be obtained and the improvements constructed. C. Approval of the Engineer's work by the City shall not release the Engineer, its employees, agents, or consultants, from the responsibility and liability for the accuracy and competency of their designs, working drawings, and specifications, or other documents and services. D. Subject to Article 9 herein or as otherwise agreed, the Engineer shall promptly correct errors in the Engineer's work, including errors discovered after final payment, without receiving additional compensation. E. The Engineer shall prepare a schedule of Work identified as an attachment to this agreement and submit it for review within 15 calendar days after receiving a Notice- to-Proceed. The Work Schedule shall be submitted in digital and paper form, in the Microsoft Project for Windows format. The Work Schedule shall contain a complete schedule so that the Engineer's scope of services L~nder this contract can be accomplished within the specified time and contract cost. The Work Schedule will provide specific work sequence and definite review times by the City and the Engineer of the work performed. If the review time should take longer than shown on the work schedule, through no fault of the Engineer, additional contract time will be authorized by the City through a supplemental agreement, if requested by a timely written request from the Engineer and approved by the City. 3. Term and Termination. This Contract term will begin and end on the dates shown above. The City may terminate this Contract at any time during its term by giving written notice to Engineer. The City shall pay the Engineer for all services rendered to the date of termination. 4. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Engineer's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 5. Subcontracts. If, for any reason, at any time during the progress of providing services, City determines that any subcontractor for Engineer is incompetent or undesirable, City will notify Engineer accordingly and Engineer shall take immediate steps for cancellation of such subcontract. Subletting by subcontractors shall be subject to the same regulations. Nothing contained in the Contract shall create any contractual relation between any subcontractor and City. 6. Ownership of Documents. All drawings, report data, and other project information developed in the execution of the services provided under this Contract shall be the property of the City upon payment Of Engineer's fee§ for services. Engineer may retain copies for record purposes. Owner agrees such documents are not intended or represented to be suitable for reuse by City or others. Any reuse by City or by those who obtained said documents from City without written verification or adaptation by Engineer will be at City's sole risk and without liability or legal exposure to Engineer, or to Engineer's independent associates or consultants, and City shall indemnify and hold harmless Engineer and Engineer's independent associates and consultants from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. Any such verification or adaptation will entitle Engineer to further reasonable compensation. Engineer may reuse all drawings, report data, and other project information in the execution of the services provided under this Contract in Engineer's other activities. Any reuse by Engineer will be at Engineer's sole risk and without liability or legal exposure to City, and Engineer shall indemnify and hold harmless City from all claims, damages, losses, and expenses including attorneys' fees arising out of or resulting therefrom. 7. Construction Representation. If required by the Contract, Engineer will furnish Construction Representation according to the defined scope for these services. Engineer will observe the progress and the quality of work to determine in general if the work is proceeding in accordance with the contract documents. In performing these services, Engineer will endeavor to protect City against defects and deficiencies in the work of contractors; Engineer will report any observed deficiencies to City, however, it is understood that Engineer does not guarantee the contractor's performance, nor is Engineer responsible for the supervision of the contractor's operation and employees. Engineer shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the contractor, or the safety precautions and programs incident to the work of the contractor. Engineer shall not be responsible for the acts or omissions of any person (except his own employees or agents) at the project site or otherwise performing any of the work of the project. 8. Insurance. A. The Engineer 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 Engineer, 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 any one person, $1,000,000 for each 0ccurrence~ 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. B. The Engineer 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 9. Indemnity. Engineer 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 Engineer 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 Engineer, his officers, employees, agents, or subcontractors under this Contract. 10. Assignment. Engineer shall not assign this Contract without the prior written consent of the City. 11. Law Governin.q and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 12. Entire Contract. This Contract represents the entire Contract between the City and the Engineer 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. Purchase orders issued under this Agreement shall contain a statement nullifying additional terms and conditions on the reverse side of the purchase order and referencing this Agreement. 13. Conflicts in Contract Documents. The above provisions, other than the provisions contained in any referenced contract document specified above, shall govern over any conflicting provision contained in any referenced contract document specified above. 14. Dispute Resolution Procedures. The Engineer and City desire an expeditious means to resolve any disputes that may arise between them regarding this Contract. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation A. DEFINITION OF PROJECT The City of Pearland (City or Client) has requested that Carter & Burgess, inc. (Engineer) provide a contract for Engineering services necessary to assist the Client with the design of the FM 518 West Sewer System. The purpose of this system is to provide wast°water service to the portion of the Ci{y bounded by CR 403 to the North, MUD 6 to the South, SH 288 to the West, and Culien Road / CR 89 to the East. The area of MUD 5 located inside these boundaries is excluded from the service area. This project will include the main trunk line along FM 518 consisting of approximately 10,000 linear feet of 18" to 30" gravity sanitary sewer lines between approximately 12 and 28 feet deep, a 3.5 million gallon per day (mgd) lift station and a 7 million gallon per day lift station. The discharge from the 3.5 mgd lift station will be directly into the proposed gravity line and the discharge from the 7 mgd Jift station will be designed to tie into the City's existing sewer system in the vicinity of FM 518 and CR 89 / FM 865. Lateral lines and additional fome mains will be required in the future and are not part of the current project. The project will begin upon receipt of a written notice to proceed from the City of Pearland and will end upon issuance of the certificate of final completion. Bo SCOPE OF SERVICES Part 1 - Pre.Design Investigations A. Topographical Survey and Easement Monumentation At the request of the City of Pearland this work activity will be subcontracted to C.L. Davis & Company. This portion of the project shall include the following: · Establish North Right-of-Way for FM 518 · Topographical survey for the proposed sewer line · Topographical and boundary surveys for (2) lift station sites · Abstracting ,, Legal descriptions, exhibits and monuments for proposed easements · Establish control for use during survey and construction · Obtain right-of-entry for survey · Provide AutoCAD drawings for topographical and utility information within the FM 518 Right-of-Way and future easement locations Fm 518 West Sewer 11/05/2001 Page I of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation The surveyor will gather information on all known public and private utilities in the project area and will include them with the topographical survey data. The locations of the utility lines shalt be based on information provided by the private utility companies and can only be as accurate as the information available. Carter & Bur§ess and/or it's Subconsultants shall not be held responsible for information provided by others~ B. Geotechnical Investigations Geotechnical engineering services for this project will be subcontracted to Geotest Engineering, Inc. The geotechnical investigation wilt provide boring logs approximately every 500 feet for the length of the proposed sewer line and the boring logs required for the design of the lift station. The investigation will include all traffic control and required permitting to perform the soil investigations, all lab work necessary to determine soil parameters and the preparation of a §eotechnical report. The report shall include, at a minimum, the following: Design, bedding and backfill requirements for flexible pipe in the existing soil conditions Design requirements for cassion constructed lift stations · Dewatering requirements for the construction of the project · Pavement repair recommendations · Trenchless construction recommendations · Trench safety recommendations C. Easement and Site Acquisition Services The easements and lift station sites will be acquired by the City of Pearland. Carter & Burgess will provide the City with the required sizes and locations for the proposed Water & Sewer Easements and Temporary Construction Easements at the beginnin§ of the desi§n phase. Carter & Burgess will also provide the property descriptions (metes and bounds description and tract plat) for each easement and lift station site. Part 2 - Design Phase Engineering Services The design phase of the project will be broken down into three separate tasks, the gravity sewer line and the two lift stations. The sewer line and both lift stations will be bid as one project. A. Gravity Sewer Line This portion of the project includes the development of construction drawings, specifications, bid documents and engineering estimates of Fm 5'18 West Sewer 11/05/2001 Page 2 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation probable cost for the construction of approximately 10,000 linear feet of 18" to 30" gravity sanitary sewer lines to be installed north of the Right-of- Way for FM 518 between FM 865 and a point approximately 1000 feet west of Wooten Road. These sewer lines will be located approximately 12 to 28 feet below the existing ground surface. B. 3.5 MGD Lift Station This portion of the project includes the development of construction plans, specifications, bid documents and engineering estimates of probable cost for the construction of a 3.5 million gallon per day lift station to be located on property to be acquired by the City of Pearland. The lift station will be located north of FM 518 between CR 90 and CR 94. C. 7.0 MGD Lift Station & Force Main Tie In This portion of the project includes the development of construction plans, specifications, bid documents and engineering estimates of probable cost for the construction of a 7 million gallon per day lift station to be located on property to be acquired by the City of Pearland. The lift station will be located north west of the intersection of FM 865 and FM 518. The lift station wet wells will be sized to handle the estimated ultimate peak flow from the service areas. The mechanical/process design will be based on conveying the current estimated flow rate and will be upgradeable to the ultimate flow rate in the future. Electrical Engineering services for the lift stations will be subcontracted to Shrader Engineering Inc. If requested by the City, Shrader Engineering will provide a SCADA system at the lift stations that can be tied into the proposed SCADA system to be located at the SWEC WVVTP. The design of the SCADA system for the lift stations is listed as an additional service. D. Additional Services A storm water pollution prevention plan will be prepared for the project. The plan will include a booklet for use by both the Contractor and the City's Inspector during the construction of the project. All required details, reporting forms and coordination for threatened and endangered species will be provided. The City will be provided with a complete Notice of Intent (NOI) for signatures and submittal to the Army Corp of Engineers. A traffic control plan will be developed in compliance with Texas Department of Transportation (TxDOT) requirements. This plan will be submitted to TxDOT for their review prior to final completion of the construction documents. Coordination will also be provided tor TxDOT driveway permits every 2000 to 3000 feet for construction access. Em 518 West Sewer 11/05/2001 Page 3 of 9 Contract for Engineering Services Design and Construction Phase Services ,~ , For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation Permits will also be obtained for any crossing of the TxDOT right-of way associated with this project. Part 3 - Construction Phase Services The construction phase engineering services shall include the following items: · Coordinate (1) Pro-bid Meeting · Coordinate distribution of plan sets to bidders · Prepare and issue addenda for the bid documents as required · Attendance at (1) bid opening to be coordinated by the City of Pearland · Review of bids submitted, creation of a bid tabulation, and Engineers recommendation for award · Attendance at (1) pre-construction meeting Review of shop drawings & Requests For Information (RFI) submitted by the Contractor or Owner in writing. Note: Only RFIs submitted in writing will be officially reviewed by the Engineer and all official responses will be in writing. · Review requests for change orders and create official change order documents. Note: Negotiation of change order amounts is to be handled by the City's Construction Manager. Change orders that increase the original scope of work included in this contract will be considered an additional service. · Once a month site visits to determine if (in general) the work is proceeding in accordance with the Contract Documents. · Review of monthly and final pay estimates for compliance with the Contract Documents. Note: Field verification of the installed quantities shall be the responsibility of the City's Construction Manager. · Conduct in company with the Owner (1) substantial completion inspection to be coordinated by the City's Construction Manager. · Issue a certificate of substantial completion with a list of defects to be corrected by the Contractor. · Conduct in company with the Owner (1) final completion inspection to be coordinated by the City's Construction Manager. · Issue a certificate of final completion. Any item not specifically identified above will be an additional service and will be invoiced either at an agreed upon lump sum rate or in accordance with the attached rate schedule. C, DELIVERABLES The project will be produced with either 22" x 34" or 24" by 36" construction drawings. The specifications will be produced on 8¼" by 11" paper and bound into a single booklet. A final set of mylars will be provided to the City after the pre-construction meeting. Fm 518 West Sewer 11/05/2001 Page 4 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation The following deliverables aro included in the scope of work for this project: 50% Submittal- 2 sets of full-size construction drawings 90% Submittal - 2 sets of full-size construction drawings & specifications Final Submittal - 3 sets of full-size construction drawings & specifications Construction documents - 7-sets for use by the Contractor, Inspector, and/or City D. BASIS OF COMPENSATION Part l - Pre. Design Investigations All pro-design investigations aro being subcontracted to other Engineering firms. These items will be invoiced on a Time & Materials (T&M) basis at cost plus ten percent (10%). Costs listed below include permitting and traffic control requirements for working in the TxDOT Right-of-Way. Topographical Survey & Easement Monumentation $ 81,994 Geotechnical Investigation $ 49,498 Total $131,492 If additional surveying services aro required, they will be invoiced on a time and materials basis in accordance with the attached proposal from C.L. Davis & Company at cost plus ten percent (10%). It is not anticipated at this time that these services will be required. in the course of the geotechnical investigation it may necessary for the geotechnical firm to drill additional borings due to unforeseen soil conditions. Since the lift station site is unknown at this time it may also be necessary for the geotechnical firm to clear a portion of the site in order to have access to conduct the boring operations. If the lift station site is not acquired at the time of the initial soil investigation, a second mobilization fee will be charged. The geotechnical firm may also be required to use a swamp buggy mounted drill rig to conduct boring operation depending on ground surface conditions at the time of the investigations. These items are covered in more detail in the attached geotechnical proposal from Geotest Engineering, Inc. If required, these items will be invoiced on a time and materials basis at cost plus ten percent (10%) as follows: Use of a marsh buggy mounted drill rig for borings (lump sum) $3,583 Additional borings with truck mounted drill rig $68.20 / ft (Including TxDOT permits and traffic control) Additional borings with marsh buggy mounted drill rig $73.70 / ft (Including TxDOT permits and traffic control) Use of a bull dozer for site clearing $1,100 / day Additional mobilization cost $ 330 Fm 518 West Sewer 11/05/2001 Page 5 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation Since soil conditionals are unknown and additional borings may be required, it is recommended that a budget be set aside to cover the cost of five (5) additional borings. Costs may vary from this amount depending on the actual additional geotechnical services that are required, if any. Additional Geotechnical Services $9,075 Part 2 - Design Phase Engineering Services Design phase engineering services will be lump sum amounts based upon a percentage of the estimated construction cost contained within the Wastewater Master Plan for the Western FM 518 Corridor using fee curves previously approved by the City of Pearland. The fee curves contain 15% for construction administration services and also contain compensation for preliminary design. A portion of the preliminary design is currently being accomplished as part of the Wastewater Master Plan for the Western FM 518 Corridoc, therefore, the fee from the fee curve will be reduced by a total of 20% (15% for CA services and 5% for preliminary planning) to obtain the design fee. A. Gravity Sewer Line The fee for the design phase of the gravity sewer line is based upon using 80% of the value presented on the Modified Curve "B" as attached to this contract. With an estimated construction cost of approximately $1,570,000 a total fee of 7.680% is obtained. This is then reduced by 20% to obtain the following: Lump Sum Engineering Design Fee for the Gravity Sewer $96,460 B. 3.5 MGD Lift Station and Force Main Tie In The fee for the design phase of the lift stationis based upon using 60% of the value presented on the Modified Curve "A" as attached to this contract. With an estimated construction cost of $350,000 a total fee of 11.766% is obtained. This is then reduced by 20% to obtain the following: Lump Sum Engineering Design Fee for the Lift Station $ 32,945 C. 7 MGD Lift Station and Force Main Tie In The fee for the design phase of the lift station is based upon using 80% of the value presented on the Modified Curve "A" as attached to this contract. With an estimated construction cost of $550,000 a total fee of 10.600% is obtained. This is then reduced by 20% to obtain the following: Lump Sum Engineering Design Fee for the Lift Station $ 46,600 Fm 518 West Sewer 11/05/2001 Page 6 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation D. Additional Services: Storm Water Pollution Prevention Plan $ 5,000 Traffic Control Plan and TXDOT Permitting $ 5,000 SCADA system design for both lift stations $ 7,150 Total Lump Sum Additional Design Phase Services $17,150 Part 3 - Construction Phase Services Construction Phase Services (CPS) will be on a time and materials basis, based upon the scope of work presented in this contract and the attached man-hour estimates. These costs are based upon the gravity sewer line and the (2) lift stations being bid as one project. These costs will be invoiced in accordance with the attached rate schedule. Estimated Construction Phase Services for (2) Lift Stations & Sewer Line $47,445 On previous projects with the City of Pearland, additional site visits have been requested to assist the Construction Management / Inspection personnel hired by the City. We propose that an additional time & materials budget of $5,000 be set-aside for these site visits. These site visits will only be used when requested by the City's Representative or by the Contractor Additional Engineer Site Visits $ 5,000 Construction phase services and testing for the SCADA system for the two lift stations will be provided, if authorized, as part of this project. Cost for SCADA CPS and testing $ 2,750 Part 4 - Reimbursable Expenses The cost for plans and specifications that are not used for internal Design or Construction Administration purposes or sold to Bidders will be invoiced as a reimbursable expense in addition to courier and overnight delivery charges. Total Estimated Reimbursable Expenses $ 1,500 Fm 518 West Sewer 11/05/2001 Page 7 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit A - Engineer's Scope of Services and Compensation E. Rate Schedule for Additional Services If additional services ara authorized by the City without.a set lump sum amount, they will be invoiced on a time and materials basis using the following rate schedule: Carter & Bur.qess: Position Hourly Rate Project Diractor $130.00 Project Manager $110.00 Construction Manager $110.00 Project Engineer, PE $ 90.00 Project Designer or EIT $ 75.00 Environmental Scientist $ 75.00 Site Inspector $ 65.00 CADD Drafter $ 65.00 Engineering Aide/Clerical $ 55~00 Support Services $ 35.00 F. Summary of Costs Surveying Services - (T&M) $ 81,994 Geotechnical Services - (T&M) $ 49,498 Additional Geotechnical Services- (T&M, if raquirad) $ 9,075 Design Phase Services (Gravity Sewer) - (LS) $ 96,460 Design Phase Services (3.5 MGD Lift Station) - (LS) $ 32,945 Design Phase Services (7 MGD Lift Station)- (LS) $ 46,600 Additional Design Phase Services-(LS) $ 17,150 Construction Phase Services - (T&M) $ 47,445 Additional Site Visits- (T&M) $ 5,000 CPS and Testing for the $CADA system - (T&M) $ 2,750 Reimbursable Expenses- (T&M) $ 1,500 Total Fee $390,4'17 Fm 518 West Sewer 11/05/2001 Page 8 of 9 Contract for Engineering Services Design and Construction Phase Services For the FM 518 West Sewer Exhibit B - Man-Hour Estimate for Construction Administration Services Service Hours Description PE EIT Administration Pre-Bid 16 8 4 Plan Distribution ~ E~id Opening 4 F~eview of Bids 4 12 2 =re-Con 8 4 Shop Drawings 24 80 16 R.F.I.'s & Change Orders (per month) 8 16 4 Once a month Site Visit & Pay Application (per month) zl 4 1 Substaintial Completion Inspection & Letter 8 1 Substaintial Completion Inspection & Letter 8 1 Total hours for a 11 month project 204 324 87 Hourly Rate 90 75 55 Total Cost $ '18,360.00 $ 24,300.00 $ 4,785.00 Total Estimated Fee $ 47,445.00 C:\Work~FM 518\FM518 Design Proposal-ri.doc Fm 518 West Sewer 11/05/2001 Page 9 of 9 · . RECEiVeD OCT ;~ ! 200! CARTER & C.L. DAVIS & COMPANY LAND SURVEYING 1500 WINDING WAY FRIENDSWOOD, TEXAS 77546 (281) 482-9490 FAX (281) 482-1294 E-MAIL: cldavisc@gte.net October 24, 2001 Mr. Vernon Webb Carter Burgess 55 Waugh Ddve, Suite 300 Houston, Texas 77077 Re: City of Pearland Sanitary Sewer Project Along North Side of Farm Market Road 518 Between Cullen Boulevard and 1,000' West of Wooten Road Dear Mr. Webb: Our proposal for land surveying services for the above referenced project is as follows: Specifically, our proposal covers the following item(s): 1. Establish north right-of-way line of Farm Market Road 518 from Cullen Boulevard to 1,000' west of Wooten Road ............................................................................................ $6,500.00 2. Abstracting ..................................................................................... $700.00 3. Topographic survey of north side of Farm Market Road 518 from Cullen Boulevard to 1,000' west of Wooten Road at 100' cross sections from north edge of pavement to 50' north of north right-of-way line (approximately 10,500~) ............................................................ $21,500.00 4. Prepare legal descriptions, exhibits and monument' proposed easements adjoining north right-of-way line of Farm Market Road 518 (fee based on estimated 26 easements at $1,200.00 each - actual fee will vary, depending on number, configuration and size of easements) ............................................................................... $31,200.00 2001-089 FM 518 Sanitary Sewer Project Revised.doc 5. Stake beginning, end, angle points, points of curvature and 500' stations for baseline (estimated 35 points) .................. $4,500.00 6. A. Preparation of topographic survey on two (2) lift station sites to be determined, one being located north of Farm Market Road 518 between County Road 90 and County Road 93 and one being located northwest of the intersection of Farm Harket Road 518 and Cullen (not to ex,cd 120' x 75' each) (fee based on 2 sites at $1,100.00 each) .......................................................................... $2,200.00 B. Boundary survey of above referenced lift station sites (fee based on two (2) sites at $1,500.00 each) ...................... $3,000.00 C. Additional fee for Item 6A if site locations are not determined prior to completion of topographic survey .............. $800.00 7. Obtain right-of-entry for surveying ................................................ $640.00 8. Add waterline to existing AutoCadd drawing prepared by C.L. Davis & Company along south right-of-way line of Farm Market Road 518 ............................................................ $2,600.00 9. Estimated budget for reimbursable expenses (reproductions, delivery service, etc.) ............................................ $900.00 Estimated Total of Proposal ........................................................... $74,540.00 Payment of all invoices is due thirty days from receipt. Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as described below: Principal $125.00 Registered Professional Land Surveyor (RPLS) $85.00 Technical/Cadd $70.00 Thrcc-man field crew $110.00 Data Collection $30.00 Clerical $45.00 2001-089 FM 518 Sanitary Sewer Project Revised.doc All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-~,52-9~[27. Any complaints about surveying services should be sent to the above address to the attention of Complaints Officer of the Board. Thank you for the opportunity to submit this proposal and we look forward to working with you. Sincerely, Approved & Accepted C.L. Davis, R.P.L.S. Mr. Vernon Webb Carter Burgess 2001-089 FM 518 Sanitary Sewer Project Revised.doc GEOTEST ENGINEERING, INC. 5600 Bintliff Drive Houston, Texas 77036 Telephone: (713) 266-0588 Fax: (713) 266-2977 Proposal No. 1140165099 October 22, 2001 Carter and Burgess 55 Waugh Drive, Suite 800 Houston, Texas 77007 Attention: Mr. Vernon H. Webb II, P.E. Project Manager Re: Geotechnical Investigation City of Pearland FM 518 West Sewer Pearland, Texas Gentlemen: In accordance with your request on October 18, 2001, Geotest Engineering, Inc. is pleased to submit the revised cost proposal for geotechnical investigation services for the referenced project. Project Description The proposed project will consist of approximately 10,800 linear feet of 18-inch to 30-inch gravity sanitary sewer lines from 16.5 feet to 27 feet deep and two 6 to 7 million gallon per day lift stations (Approx. 25' dia) up to 35 feet deep. The sewer lines are to be installed just north of FM 518 Right of Way between Cullen (FM 865) and a point approximately 700 feet east of CR 94 in an easement to be acquired by the City of Pearland. One lift station will be installed northwest of the intersection of Culten and FM 518 and the second lift station to be located between CR 93 and CR 90 on a site to be acquired by the City of Pearland. Put-pose and Scope The purposes of this study am to evaluate the soil and groundwater conditions along the proposed sanitary sewer lines and lift stations and to provide geotechnical ~Mr. Vernon Webb II, P.E. Proposal No. 1140165099 Page 2 October 22, 2001 recommendations for the design of the proposed 18-inch to 30-inch gravity sewer lines and the lift stations by caisson construction. The scope is based on the information provided to us on July 25, 2001 and October 18, 2001 and will consist of the following. Drill and sample twenty-five (25) soil borings with depths ranging from 22 to 60 feet. Convert the boring for lift stations into a piezometer. Details of the boring program are shown in Attachment No. 1. · Perform appropriate laboratory tests on selected representative samples to develop the engineering properties of the soil. · Perform engineering analyses to develop geotechnical recommendations pertaining to trench safety, pipe bedding and backfill recommendations, dewatering/ground water control requirements for construction of sewer lines and design of lift stations by caisson construction. · Prepare a geotechnical report documenting the results of field investigation, laboratory testing and engineering recommendations. · Provide electronic copies of the boring logs and seal the construction drawings with information of the boring logs. The locations of the drilled borings will be marked at site or identified on the drawings for your surveyor to tie-in at site. Your surveyor will provide the survey information of all completed borings. Project Schedule We should be able to start field work within two weeks after receiving your written authorization. It is estimated that the field work can be completed in about two weeks barring bad weather. The laboratory tests will be completed in about three weeks. The report, which will include field and laboratory data and geotechnical recommendations, will be submitted in about ten weeks after receiving your notice to proceed. ,Mr. Vernon Webb II, P.E. Proposal No. 1140165099 Page 3 October 22, 2001 Cost Based on the scope of work outlined above, the cost of the field investigation, laboratory testing including aggressivity testing, engineering analyses and a geotechnical report will be a lump sum of $44,998.00. This cost assumes the use of a track mounted drilling rig. A cost breakdown is provided in Attachment Nos. 2, 3 and 4. If marshy buggy is necessary, the total cost will be a lump sum of $48,255.00. Ifa dozer is required for boring access, it will be charged at a unit rate of $1000/day. Should any abnormal cimumstances be encountered, additional borings may be needed. The unit cost for additional borings (excluding piezometers) including field with traffic control, laboratory testing and engineering analyses will be $62/fi for truck mounted drilling rig or $67/fi for marsh buggy mounted drill rig. It is to be noted that, if lift station sites is not acquired by City of Pearland at the time of our investigation for gravity sewer lines, a second mobilization cost of $300 will be charged for each lift station boring. We appreciate the opportunity to propose on this project. Formal authorization is required and may be provided by signing one copy of this letter in the space below and returning it to us. If you have any questions please call Mohan Ballagere or me. Very truly yours, GEOTEST ENGINEERING, INC. , P.E. Sr. Vice President FLWiBh-nb Copies Submitted: (2) Attachment Nos. 1 through 4 PC2~PROP30XA0165099R.DOC ACCEPTED BY: PRINTED NAME: TITLE: DATE: ATTACHMENT NO. 1 PROI~)SED BOI~J1NG / PI)~ZOI~IEIFER PRO(~RA,1VI PROJECT: CITY OF PEARLAND, FM 518 WEST SEWER PROPOSAL NO. 1140165099 NO. OF PIEZOMETERS IN ITEM NO. OF EXISTING NEW DEPTH FOOTAGE NO. ITEM/FACILITY DESCRIPTION BORINGS BORING BORING (feet) (feet) i FM 518 SEWER · Lift Station at Cullen and FM 518 I 60.0 60.0 i 60.0 60.0 ·-Lift Station between CR 93 and CR 90 i 60.0 60.0 1 60.0 60.0 · 18' Sanitary Sewer 7 28.0 196.0 · 24' Sanitary Sewer 3 30.0 90.0 · 24' Sanitary Sewer 3 22.0 66.0 · 30' Sanitary Sewer 10 22.0 220.0 TOTAL 25 2 0 812.0 DataFile: pcS-costlO\40165099\4016509r AI-FACHMENT NO. 2 COST BREAKDOWN FOR FIELD INVE~-I'IGATION PROJECT: CITY OF PEARLAND, FM 518 WEST SEWER PROPOSAL NO. 1140165099 2.10 MOBILILATION AMD DEMOBILILATION 2.11 Truck Mounted Drilling Rig, Water Truck, Crew (minimum charge) . 1.0 x $250.00=$ 250.00 2.20 DRILLING AMD SAMPLING CHARGES 2.21 Drilling and Intermittent Sampling to 50 ft .................... 672.0ft. x $ 13.00=$ 8736.00 2.23 Drilling and Intermittent Sampling, from 50 to 100 ft .......... 20.Oft. x $ 15.00=$ 300.00 2.30 OTHER CHAMGES 2.35 Utility Clearance for Boring Locations ......................... 15.0hrs x $ 65.00=$ 975.00 2.40 PIEZO~iEllER INSTALLATION 2.41 Installation of Piezometer (Max. 2-in. ID) in Existing Boring .. 120.Oft. x $ 15.00=$ 1800.00 2.50 e_J~)IYFING OF BOREHOLES (4-in. dia. or less) 2.51 Cement-Bentonite Grout ......................................... 572.0ft. x $ 4.50=$ 2574.00 2.60 CORING FOR BORINO ACCESS 2.61 Concrete Pavement .............................................. 4.0 x $150.00=$ 600.00 2.70 SPECIAL ITEMS 2.71 Traffic Control Devices and Personnel ........................... 4.0day x $1500.00=$ 6000.00 TOTAL $ 21235.00 ATTACHMENT NO. 3 COST BREAKDOWN FOR LABORATORY TESTS PRO2ECT: CI~ OF PEARl. AND, FM 518 WEST SEWER PROPOSAL NO. 1140165099 3.10 IDENTIFICATION AND CLASSIFICATION TEST 3.11 Liquid and Plastic Limit ........................................... 75 x $ 40.00=$ 3000.00 3.13 Sieve Analysis through No, 200 Sieve ............................... 7 x $ 40.00=$ 280.00 3.14 Mechanical Analysis (Sieve & Hydrometer) ........................... 2 x $120.00=$ 240.00 3.20 PHYSIC/d_TESTS 3.21 Moisture Content ................................................... 129 x $ 7.00=$ 903.00 3.30 STRENGTH TESTS 3.34 Unconfined Compressive Strength: Soil ............................................................. 65 x $ 30.00=$1950.00 3,35 Triaxial Compressive Strength, per Specimen or Stage: Unconsolidated-Undrained ......................................... 19 x $ 50.00=$ 950.00 3.70 OTHER TESTS 3.71Aggressivity Testing (pH, Sulfate, Chloride and Resistivity) ........ 4 x $140.00=$ 560.00 TOTAL $ 7883.00 ATTACHMENT NO. 4 COST BREAY, DOWN FOR ENGINEERING SERVICES PROJECT: CITY OF PEARLAND, FM 518 WEST SEWER PROPOSAL NO, 1140165099 1.10 HOURLY P~ATES FOR PROPOFESSIONALAND TECHNICAL STAFF 1.11 Principal or Sr. Consultant .................................... 20.Ohrs x $120.00=$ 2400.00 1.12 Project Manager or Consultant .................................. 40.Ohrs x $100.00=$ 4000.00 1.14 Project Engineer ............................................... 80.Ohrs x $ 75.00=$ 6000.00 1.16 Field engineer ................................................. 30.Ohrs x $ 65.00=$ 1950.00 1.17 Draftsperson ................................................... 26.0hfs x $ 40.00=$ 1040.00 1.19 Support Personnel, Word Processing ............................. 14.0hrs x $ 3§.00~$ 490.00 TOTAL 210.Ohrs $ 15880.00 %A ocr Shrader Engineering Company 10497 Town & County Way · Suite 400 · Houston, Texas 77024 /'/~ q~ ~ Tel: 713-467-9961 · Fax: 713-465-6502 ~ .~ . October 26, 2001 Mr. Vemon Webb, P.E. Project Manager Carter & Burgess 55 Waugh Drive Suite 300 Houston, Texas 77007 RE: Electrical Engineering/Design ProPOsal - Revised City of Pearland FM 518 West Sewer Five Pump Lift Station SEC Project No. 2340-CBE Dear Mr. Webb: We are pleased to offer our revised proposal for Electrical Engineering/Design Services for the above referenced project. Our scope of work will include preparation of plans and specifications for a 7 MGD, five pump Lift Station with smaller or fewer proposed pumps for the first phase and with the remaining pumps added in the future or, upsized, as the case may be. Our design will include 480 volt, three phase, service equipment with manual transfer switch and generator connector, pump starters/controls with submersible transducer and PLC type controller, back-up floats or air cell, and automatic telephone dialer for alarm reporting (if SCADA not installed). Proposed design will include starters & controls for this phase with ample electrical service and panel space for upgrading devices for future pumps. Where SCADA system is installed, the lift station controls will have all interfacing connections for remote automatic operations. (SCADA design is included in a separate proposal.) All design will comply with City of Peadand Standards and our work will be coordinated with their staff, via your office. Houston · Dallas · Amman, Jordan Exhibit "B" R2001-'162 CITY OF PEARLAND ,.STANDARD SERVICES CONTRACT This Agreement is mede between the City of Pearland, Texas (hereinafter the "City'), and Crossland Acquisition, Inc. (hereinafter "Consultant") as follows: 1. Summary of Contract Term.~. The following information and referenced documents shall be a part of this Contract: Consultant: Crossland Acquisition, Inc. Description of Services: See "Scope of Services" in attached proposal Maximum Contract Amount: $46,800.00 (See "Estimated Project Costs" in attached proposal) Contract Begins: Upon Execution Contract Ends: Upon Termination Attachments: Crossland Acquisition, Inc. Proposal for Right of Way Services to The City of Pearland for the Highway 518 Sanitary Sewer Project 2. Services and Payment. The Consultant will furnish Services to the City in accordance with the terms and conditions specified in this Contract. Payment for the services shall be due and payable upon submission of a statement of services to the City. Statements for services shall not be submitted more frequently than monthly. 3. Term and Termination. This Contract term will begin upon execution by both parties. Either party mey terminate this Contract at any time provided that the terminating party gives 60 days' advance notice to the other party via certified mail to that party's last known address. The City shall pay the Consultant for all services rendered to the date of termination. 4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, or for damage to any property, arising from or caused by any act or omission of Consultant, its officers, employees, agents, or subcontractors, in performing its obligations under this Contract. 5. Assi.qnment. Consultant shall not assign this Contract without the prior written consent of the City. 6. Modifications. City without invalidating the Contract, may order changes within the general scope of the work required by the Contract by altering, adding to and/or deducting from the work to be performed. If any change under this clause causes an increase or decrease in Consultant's cost of, or the time required for, the performance of any part of the Services under the Contract, an equitable adjustment will be made by mutual agreement and the Contract modified in writing accordingly. 7. Insurance. A. 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 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. B. 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, reduced in coverage or in limits except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City. Upon request, certified copies of all insurance policies shall be furnished to the City. 8. Law Governin,q and Venue. This Contract shall be governed by the law of the State of Texas and no lawsuit shall be prosecuted on this Contract except in a court of competent jurisdiction located in Brazoria County, Texas. 9. Entire A,qreement. 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. 10. Dispute resolution procedures. The Consultant and City desire an expeditious means to resolve any disputes that may arise between them regarding 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE this the 12 day of llovember ,2001. ATTEST: CITY OF PEARLAND Bill Eisen ~y Sed~tary ~' City Manager APPROVED AS TO FORM: Darrin M. Coker City Attorney CROSSLAND ACQUISITION, INC. CONSULTANT By: Ke~n Harri~on~~ President STATE OF TEXAS § COUNTY OF '~/'~ 7.,~ F/~L~ § BEFORE ME, the undersigned Notary Public, on this day personally appeared '"'~,'/! &~i,~.~. , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. /~v,~GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /5" DAY OF ,~/~,,- , A.D., 2001. ~A--N'LEHMAN~~(.~(-~I~-~.I No,a~yPubllc, S,eteofTexas~Printed Name: ~'~//,~ ~ ~{\~',,?'~..~! My Commission Expires= .~ · ,:. ~.-~,-.~-~*.,-..,.~.~-~-.~..,>..,.~.~.,..,.,~ My Commission Expires: ~/- STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared I/-&-/~ F~/t~ E I.%o/,j , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS DAY OF . /~,J~uEf~ES~/~ , A.D., 2001. NOTARY PUBLIC IN AND FOR THE  STATE OF TEXAS Printed Name: /~/E-~/--~:~,'/ My Commission Expires: CROSSLAND ACQUISITION, INC. PROPOSAL FOR RIGHT OF WAY SERVICES to THE CITY OF PEARLAND for the HIGHWAY 518 SANITARY SEWER PROJECT PREPARED BY: KEN HARRISON PRESIDENT CROSSLAND ACQUISITION, INC. SEPTEMBER 25, 2001 TABLE OF CONTENTS TAB 1: INTRODUCTORY LETTER TAB 2: COMPANY INFORMATION TAB 3: SECTION I - SCOPE OF SERVICES TAB 4: SECTION II - ESTIMATED PROJECT COSTS TAB 5: EXHIBITS CROSSLAND ACQUISITION, INC. 9800 Northwest Freeway, Suite 516 Houston, Texas 77092 Tel. 713.290.0390 Fax. 713.290.0392 Emaih Ken~crosslandacquisifion.com September 25, 2001 City of Pearland Mr. Al Hague 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Hague: We appreciate the oppommity to present to the City of Pearland (City) a proposal for easement acquisition for the Highway 518 project you have scheduled. In addition to our proposal, you will also find important information on our company which you can provide to third parties who may not be familiar with us. Crossland Acquisition, Inc. (CAI) is a Texas Corporation which was founded in 1996 to provide professional land services to governmental and private entities. We are a growing company with offices in Houston, Austin and Dallas. As you will see fi:om the attached brochure, CAI is a full service right of way company composed of highly experienced professionals with many years of practical experience in all facets of right of way acquisition. Our Company is dedicated to ensure the timely, efficient and successful completion of any project. Allow me to explain what makes ns experts on the most important aspects of right of way: Experience: The CAI staff carefully assembled to perform services for the City has many years experience in acquiring right of way for mate and local agencies. All of our staff is keenly aware of all acquisition issues, including the requirements that must be met to preserve eligibility for the reimbursement of federal funds. We understand that many entities mum have federal reimbursement to make a project a reality, and we ensure that all federal eligibility requirements are met so the City will not lose any federal funding as a result of right of way issues. Research: Our experienced stall is familiar with a wide range of research techniques, and is well versed in researching property ownership, landowner information, land use restrictions, permitting and development requirements, and historical title/real property records. Because of our strong knowledge of these ar¢~, wv am abl~ to go a step b~yond simpl~ research, though, and can readily interpret this information and make recommendations to our clients on how to best handle what we find. Mr. A1 Hague September 25, 2001 Page 2 Negotiation: We are confident negotiators who get results. We pride ourselves in providing dependable, effective and efficient service for our clients, and enjoy establishing a solid rapport of trust, concern and mutual understanding with the landowners we work with. This delicate balance works well for us, and has given us consistent, proven results. Legal Opinions: Our in-house attorneys specialize in Real Estate Law, and are experts on reading and interpreting all types of real property documents, such as deeds, easements, and leases. We also have working relationships with several other attorneys who specialize in a multitude of other fields, should the need arise. As you can see, our professionals are qualified and eager to do a great job for you and the City. Not only do we perfonn during the project, we boast an in-house system that produces some of the most accurate, complete, and easy to follow records and files our clients have ever seen. Our promise is to produce an end product of unsurpassed quality. Once again, allow me to express my gratitude for the opportunity to once again offer our services to you. Please do not hesitate to contact me with any questions you may have. We ali look forward to continuing to work with you, and as always, we are pleased to assist you with all of your land acquisition needs. Sincerely, CROSSLAND AIEQUISITION, 1NC. Ken Harrison 9800 N.W. Frwy, Suite 516 12325 Hyr~adow Drive, Suite 2-200 2121 W. Airport Fray, Suite 470 Hous~n, Tx 77092 Ausfn, Tx 78750 Irving, Tx 75062 Phone: 713-290-0390 Phone: 512-401-8868 Phone: 972-870-5450 Fax: 713-290-0392 Fax: 512-401-6814 Fax: 972-870-5447 EMAIL: Houston _('t't't't't't't't'~x~lan~acqui$ition.com EMA1L: Au~landacouisition.com EMA1L: Irvln~(~ro~slandacaulsition.com To become a strategic partner with our diem by providing the highest quality of full service and value in acquiring rights of way. CROSSLAND ACQUISITION, 1NC. (CAI) was formed as a Texas Corporation in 1996 and operates three offices in Texas, providing professional land acquisition and relocation services in compliance with the Federal Uniform Relocation & Real Property Acquisition Act (PL 91-646) to governmental entities and private industry. Our staff of experienced professionals has a combined total of over 60 years of experience in utility, telecommunication, pipeline, highway, oil & gas, and land and right-of-way acquisition. CAI is registered with the Texas Real Estate Commission and has two licensed lawyers on staff. We have a network of qualified agents for large jobs that need a quick turnaround and can coordinate appraisals, engineering services, land planning, public relations, and surveys through affiliated companies. We understand the acquisition process and the role it plays in your projects. We plan each project individually with your goals foremost in mind, then take the steps necessary to achieve those goals. It's important to us that you are kept up-to-date on the status of your project, and our easy to read status reports will keep you informed so you can focus on your core business. And if a problem should arise, we will present you with all the necessary information, as well as possible solutions, so you can make swift, informed business decisions. The result is a more efficiem and effective project. When you are preparing for your next project, know that CAI is ready and willing to provide the expertise to handle all of your land acquisition needs. For more information, contact Ken Harrison in Houston or Jim Henry in Austin. Acquisition Eng'meering Services Property Analysis Asset Management & Disposal Expert Witness Testimony Relocation Assistance Appraisal Services Litigation Support Right of Way Manuals Appraisal Review Services Permitting Surveying & Mapping Damage Settlements Project Management Title Research & Analysis Southwestern Bell Telephone Company (SWBTCO). CAI is acquiring non-contiguous (2,000 sq it) sites for 200+ remote terminal facilities. We are also acquiring "building lease agreements" for the installation of telecommunications equipment inside multi-tenant buildings. CAI has provided these services since 1996 under a "Continuing Nature" contract to provide, site selection, acquisition, title research, title curative, and feasibility studies. Texas Department of Transportation (TxDOT). CAI is providing acquisition, title research and analysis, appraisal, appraisal review, relocation assistance, and litigation support services for state highway projects. CAI is currently completing (4) projects totaling 300+ parcels. We are beginning acquisition on an additional 77+ highly developed parcels in the Dallas District. CAI has been providing these services since 1998. City of Pearland (COP). CAI is acquiring easements for the installation of utilities for multiple projects. CAI is under contract to perform the acquisition of rights of way for the Mykawa Road Project and the Dixie Farm Road Project. CAI has been providing these services since November 1999. Texas Turnpil~ Authority (TTA). CAI is providing acquisition, title research and analysis, appraisal, appraisal review, relocation assistance, and litigation support services for the "SH 45/Loop 1 Project" in Austin CAI has been providing these services since September 2000. TXU Comm~ll~i~Altfoll8 (formerly Fort Bend Commllni~ltfol~). CAI is acquiring non-contiguous (3,600 sq 1~) sites for remote terminal facilities. We provide site selection, title research and curative, negotiation, acquisition and permitting services. CAI has been providing these services since February 2000. City of Waco. CAI is acquiring 17+ easements for the installation of utilities. 2001 Texas Department of Transportation - subcontractor for Parsons, Brinkerhoff, QuMe, & Douglas, Inc. - CAI has revised five sections and written a complete new chapter of the Texas Department of Transportation's Right of WaF Acquisition Manual. These sections deal with all facets of the right of way process including acquisition, title requirements, eminent domain~ property management and contract outsourcing. 2000. Texas Department of Transportation - completed t 6 parcel bridge approach for Austin District, 2000. City ofPearland - completed 36 parcel water line and several smaller projects, 2000-2001. Reliant Energy - completed 2 cost estimates for utility transmission lines, 2001. Southwestern Bell Telephone Company - acquired 43 parcels for telecom route in Galveston County. CoServ Communications - completed an assignment in the Dallas Metroplex. CoServ Gas - completed an 11 parcel feasibility study for gas pipeline in the Dallas Metroplex. AT&T - discovered and recovered $275k in reimbursement costs owed by the State of Texas since 1995. AT&T - damage release documents, El Paso and route selection & negotiations for fiber line Rio Grande Valley -2- Ken Harrison, President of CAI, has over 20 years of experience in land acquisition. He is extremely knowledgeable of all facets of right-of-way management and acquisition programs for teleeommunieatiou facilities, oil and gas pipelines, state highway projects, oil and gas mineral leasing, and royalty deed procurement. Mr. Harrison is experienced in the management of real estate investment properties. He is a registered Right-of-Way Agent with the Texas Real Estate Commission, and a member of The Executive Committee (TEC), the International Right of Way Association 0RWA) and the Texas Municipal League. He has a BS Liberal Arts, Real Estate, from Louisiana State University. Jim Henry, Director of Right of Way Operations for CAI, has 27 years of experience in real estate, title insurance, and right-of-way acquisition. He has been a licensed attorney in the State of Texas since 1973. Mr. Henry has over ten years experience with TxDOT, beginning in 1989 as an attorney in the Right of Way Division and serving for six years as the Deputy Director of the Right-of-Way Division for TxDOT. During this period he also acted as a liaison with the Attorney General's Office on condemnation matters. Mr. Henry also has experience in relocation assistance pursuant to the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. In fiscal year 1999 Jim oversaw the acquisition of over 1900 parcels of land acquired by TxDOT. Prior to his service with TxDOT, Mr. Henry worked in the title insurance industry for 13 years and was in private practice with a real estate law firm in Dallas for four years. Mr. Hoary has a BBA from Baylor University in Waco, Texas, and a JD from Baylor University School of Law in Waco, Texas. Ron Stokes is a licensed attorney and has 16 years experience as Senior Right-of-Way Agent for Houston Lighting and Power Company (now Reliant Energy). He has extensive knowledge of all policies and procedures regarding right-of-way acquisitions and land management. Ron has over two years experience as a Title Examiner, abstracting, examining and preparing property title opinions. He has been involved in the IRWA for t6 years, was Chairman of the 1RWA's Land Management Committee in 1995 and 1996, and President of HL&P's Employee Association Chapter Five in 1990. Mr. Stokes holds a JD degree, South Texas College of Law and a BBA, Business Management, from Lamar University. Diana Seerey has 15 years experience as a legal assistant. She has in depth knowledge of title review, legal research, terminology and acquisition. Her work experience includes 15 years with the Department of Transportation, five within the Right of Way Division and 10 within the Design Division. Ms. Seerey has an Associate of Applied Science Degree in Legal Assistance, Austin Community College Austin, Texas 1995. Will Harrison has over four and a half years experience as a Right-of-Way Agent with CAI. He is an experienced negotiator and has worked in the Houston area and several surrounding counties on behalf of SWBTCO, AT&T, TXU and TxDOT. Will has a BA, English Literature/Spanish, Millsaps College, MS. Melissa Hamons has almost five yenrs experience in property research and acquisition and two years experience in relocation assistance at CAI. She has acquired easements for telecommunications facilities, highways and municipal utilities. She has done work for SWBTCO, TXU, AT&T, TxDOT and the City of Pearland. She is a member of IRWA and has completed IRWA courses 501 Relocation Assistance, 502 Businesses Relocation, and 801 Land Titles. Melissa is currently pursuing an Associates Degree at Houston Community College. Lisa Adams has been a bookkeepor/aecounting manager for nearly 16 years. She spent 14 years as contract administrator with firms providing construction services to Governmental entities including the Florida Turnpike Authority, U.S. Air Force, and the U.S.D.A. Forest Service. Her Real Estate experience includes assisting with closing statements, preparing documentation, accounting, office management, and off-site property management. She holds a Bookkeeping Certificate from Mira Costa College, Vista CA. -3- Southwestern Bell Telephone Paul Braune, Mgr of ROW, North, 936-291-4844, Huntsville, Tx. Steve Bush, Mgr of ROW, East, 281-379-7506, Spring, Tx. Peter Thompson, Mgr of ROW, West, 713-660-5300, Houston, Tx. Cynthia McBride, Mgr of ROW, Central, 281-561-4620, Houston, Tx. Texas Department of Transportation Jerry Loven, District Right-of-way Administrator, Pads District, 903-737-9356, Paris, Tx. Bob Harwood, District Right-of-way Administrator & Attorney, 512-832-7249, Austin, Tx. Terry May, P.E., District Right-of-Way Administrator, 214-320-6267, Dallas, Tx. Texas Turnpike Authority Don Toner, Right of Way Administrator, 512-396-0959, Austin, Tx. City of Pearland A1 Hague, Right of Way, 281-652-1657, Pearland, Tx. TXU Communications Kenneth Miller, 281-396-5385, Katy, Tx. Knudson & Associates Patricia K. Joiner, President, 713-463-8200, Houston, Tx. Weisser Engineering Company Walt Sass, Principal, 281-579-7300, Houston, Tx. Integra Realty Resources - Dominy, Ford, McPherson David Dominy, President, 713-827-0455, Houston, Tx. -4- CROSSLAND ACQUISITION, INC. SCOPE OF SERVICES The City of Pearland, (City) has requested information detailing the scope of services and project costs for right of way acquisition services. This proposal is written to demonstrate the abih'ty of Crossland Acquisition, Inc. (CAI) to perform requested services. Below is a synopsis of each service area, deta'fling the usual tasks performed by CAI in each area. The services provided and the tasks performed within each service will be modified and restructured as needed if requested by the City. PROJECT OVERFIEW CAPs office wilt be the home of all files, maps, manuals and other essential data and information on the project. The office address and telephone numbers will be made available to all property owners and interested parties. Normal office hours are 7:30 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 ownem or their representatives in order to accommodate their needs. An initial kickoff meeting with the City officials should be held to concur on strategy, techniques/theories and schedules. At this meeting the City will provide CAI with all appropriate maps, time fi:ames and construction schedules. This strategy should include prioritizing acquisition on the improved properties and defining three alternative plans for accelerating landowner decisions and dealing with uncooperative landowners. Also, prior to any landowner contact, we should identify the how we will address the restoration of the land and improvements within the right of way. If the City chooses to perform the restoration services, we should identify the contracting firms to be used and identify the individuals within those firms who have the authority to answer landowner questions or settle disputes regarding restoration. An inspection of the property will take place at the time of the meeting. Photographs will be taken of the area in question prior to any work being performed. Any appurtenances (landscaping, parking lots, etc.) would be identified in the file and on the status report. We believe it is essential that the City and CAI have a thorough and mutual understandin~ of these matters, not only to provide a quality product, but also to make well informed presentations to the property owners. TITLE SER VICES Ownership information will be provided to CAI by the City and will be deemed as accurate and complete unless put on notice by the landowner. If deemed necessary by the City, CAI personnel will obtain a chain of title and perform title examination. Our staff includes two real estate attorneys as well as personnel with over fffieen (15) years of title abstracting and examination related experience. Some title issues that could cause delays in executing the easements are probate and heirship, bankruptcy, state and federal tax liens, church and governmental entities in title, parcels owned by trusts and difficulty obtaining copies of the trust agreements. NEGOTIATION SERVICES To save money and keep a project on schedule, CAI has established strong internal acquisition guidelines. For each project, CAI 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 "going down rabbit trails" that would impede the process. In addition, the negotiators to be assigned to these projects have successfully negotiated hundreds of parcels needed for fight of way purposes. The first step for the City's Sanitary Sewer project would be an introductory letter from the City expiating the project in general terms and informing them of Crossland Acquisition's role in the project. Within 5 business days CAI would send a follow up letter introducing CAI and explaining the proposed facility to be constructed, the benefits derived from the improvements and timing for the activities. Within 5 business days after CAI mails its introductory letters, CAI will make telephone calls to all owners affected by the project. Initial meetings with the landowners or their representatives will be held to present the easement and the lienholder consent form. At the end of our appointment the landowner should have a thorough understanding of all facets of the right of way acquisition process. In some cases the landowners prefer to see the document prior to the meeting. We would forward the documents via U.S. Mail with enough time to allow the landowner to review and formulate questions. In order to expedite the execution of the easements I would recommend we establish a predetermined number of contacts (3). If there is no response or if it becomes apparent that the owners are not willing to negotiate, CAI would follow up with a letter via the U.S. Mail. If the landowner does not respond within 10 days of the date of the letter, the file w'fll be forwarded to the City attorney for further action. ADMINI$ TRA T1VE AND RECORDS MANAGEMENT SER VICES A sound records management system is an essential function on any project. It contains thc documentation that not only supports daily work activities, but it also provides evidence of compliance with all applicable State and Federal laws and regulations. CAI will prepare files on each parcel to be acquired. Each file will contain activity reports, correspondence, reports, contacts, etc. generated and/or received by CAI. The files will be read'dy available for inspection by City representatives and will be delivered to City as each parcel is closed. A computerized status report, which tracks thc key activities performed on each parcel, will also be maintained and furnished to the City as requested (see Exhibit Linelist). CAPs Project Manager will participate in project review meetings as requested to keep City 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 mcct City time constraints. The Project Manager will be responsible for all aspects of this module to assure completion of the project within the time ~amcs required by City. -2- LEGAL SUPPORT SERVICES If the negotiation process is unsuccessful, CAI will prepare any file close out package required by the City in order to initiate the legal proceedings by the City's attorneys. CAI will work with City throughout the process to gain possession of the property. Parcels whose landowners refuse to negotiate will be promptly submitted to the City when it is apparent that the landowners are either not willing to continue negotiations or wish to pursue the matter through the courts. Another potential legal issue is clearing title (see title services) to resolve such questions and issues involving trusts and estates, bankruptcies, foreclosures, adverse claimants, landowner-tenant disputes, ownership of improvements, and releases of all encumbrances. If it becomes apparent that holders of encumbrances are either not willing or are unable to provide the necessary documents to release their interests in the property the file will be forwarded to the City to initiate legal proceedings. Negotiations and attempts to secure thc needed documents will continue until notification to stop is receivad l~om the City. RIGHT OF WAY CLE. dR.4NCE or RESTORATION SERVICES A necessary element to close out any right of way acquisition project is the restoration of the property. If requested to assist in this element, CAI will coordinate with the City on the most feasible and economical method of restoration and oversee or inspect such. The City will be notified in writing of any improvements that encroach onto the proposed right of way that have not been properly identified. CONCLUSION ~ appears to be a very straight forward job with respect to the technical aspects. The easement area to be acquired is twenty feet and is located within the building setback lines. This should not present insurmountable problems to the landowners, but it will affect parking lots, driveways and signs. Since the takings will include improved commercial, business and vacant properties, I anticipate a high percentage of the landowners will have the easement agreement reviewed by an attorney. This normally results in requested revisions and/or additions to the language, which must be approved by the City. Also, I would expect valuation of the property to be an issue of contentiom In similar projects the landowner will expect the future value of the taking and not the current selling price, therefore some spot appraisals may be in order. CAI is not aware of any federal regulations or guidelines that would be applicable to the proposed right of way services. However, if guidelines or regulations are applicable CAI will adhere to these procedures. CAI is very anxious to begin this project and will dedicate the necessary staff in order to accomplish this task as quickly and expeditiously as possible. Within the next ninety days Thanksgiving and Christmas vacations will be observed, therefore, please find the enclosed timeline. (see Exhibit Milestone). ESTIMATED PROJECT COSTS September 25, 2001 Item of Work Rate Quantity Total Acquisition $1,800/parcel 26 parcels $46,800.00 This price is based on the number of parcels as per C.L. Davis and Company Land Surveyors. The price can increase or decrease depending on the final number of parcels. This price includes all costs (labor, recording fees, mileage, etc.) associated with the acquisition of the above parcels. Condemnation related expenses are not included in this unit price. Normally, on government agency projects, the condemnation rate is approximately 20%. As usual, every effort will be undertaken to successfully acquire the right of way through negotiations thereby eliminating the need or reducing this item of cost. Title Examination if needed will be invoiced ~ $75 per hour. Appraisal costs are not included, but may be required if condemnation action is required. 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE as of the 12 . day of November ,20 O[ ATTEST: CITY OF PEARLAND ~/~eLc~ a~/7 .~ Bill Eisen City Manager APPROVED AS TO FORM: Darrin M. Coker City Attorney ATTEST: CARTER & BURGESS, INC., Engineer Printed Name: Y'~r,~,~ /Z. ~/'¢~,b~/ Printed Name: ~d~'//h~.~ J', ~/'~.- Title:/~,ti,t~ ..'~.,~.- Title: Yl¢g ?r~,d,~'c, Jc STATE OF TEXAS § COUNTY OF ?r t~ ~lS § BEFORE ME. the undersigned Notary Public, on this day personally appeared [~IL.LI~,'~I ~ ~ , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. MY HAND AND SEAL OF OFFICE THIS ~*A DAY OF ~ GIVEN ~NDER ]~¢~ ~- NOTARY PU ND FOR THE ~ . ~ ~ ~ STATE OF TEXA8 ~. :. .~ ~ : ~ Printed Name: ~&O ~~ ..4 / %~,/~ ~ ~ My Commission Expires: O~. ~- O~ STATE OF TEXAS § COUNTY OF '~/',,- ~,1~., § BEFORE ME, the undersigned Notary Public, on this day personally appeared -'~,'// Z:/~,~ . known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. £ GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS ,/-¢ DAY OF _,4/'o ¢~,~ ~-r'- , A.D., 20 o/ ~ PERLA N. LEHMAN ~ NOTARY PUBLIC IN AND FOR THE ~1~(~ N~ll~;~te of ~ ~ STATE OF TEXAS ~k~¢/ Y Expires. ~ ~ APRIL 2, 2005 ~ Printed Name: ~//~ My Commission Expires: CROSSLAND ACQUISITION, INC. PROPOSAL FOR RIGHT OF WAY SERVICES to THE CITY OF PEARLAND for the HIGHWAY 518 SANITARY SEWER PROJECT PREPARED BY : KEN HARRISON PRESIDENT CROSSLAND ACQUISITION, INC. SEPTEMBER 25, 2001 TABLE OF CONTENTS TAB 1: INTRODUCTORY LETTER TAB 2: COMPANY INFORMATION TAB 3: SECTION I - SCOPE OF SERVICES TAB 4: SECTION II - ESTIMATED PROJECT COSTS TAB 5: EXHIBITS CROSSLAND ACQUISITION, INC. 9800 Northwest Freeway, Suite 516 Houston, Texas 77092 Tel. 713.290.0390 Fax. 713.290.0392 Email: Ken@crosslandacquisition.com September 25, 2001 City of Pearland Mr. Al Hague 3519 Liberty Drive Pearland, Texas 77581 Dear Mr. Hague: We appreciate the opportunity to present to the City of Pearland (City) a proposal for easement acquisition for the Highway 518 project you have scheduled. In addition to our proposal, you will also find important information on our company which you can provide to third parties who may not be familiar with us. Crossland Acquisition, Inc. (CAI) is a Texas Corporation which was founded in 1996 to provide professional land services to governmental and private entities. We are a growing company with offices in Houston, Austm and Dallas. As you will see from the attached brochure, CAI is a full service right of way company composed of highly experienced professionals with many years of practical experience in all facets of right of way acquisition Our Company is dedicated to ensure the timely, efficient and successful completion of any project. Allow me to explain what makes us experts on the most important aspects of right of way: Experience: The CAI staff carefully assembled to perform services for the City has many years experience in acquiring right of way for state and local agencies. All of our staff is keenly aware of all acquisition issues, including the requirements that must be met to preserve eligibility for the reimbursement of federal funds. We understand that many entities must have federal reimbursement to make a project a reality, and we ensure that all federal eligibility requirements are met so the City will not lose any federal funding as a result of right of way issues. Research: Our experienced staff is familiar with a wide range of research techniques, and is well versed in researching property ownership, landowner information, land use restrictions, permitting and development requirements, and historical title/real property records. Because of our strong knowledge of these areas, we are able to go a step beyond simple research, though, and can readily interpret this information and make recommendations to our clients on how to best handle what we find. Mr. Al Hague September 25, 2001 Page 2 Negotiation: We are confident negotiators who get results. We pride ourselves in providing dependable, effective and efficient service for our clients, and enjoy establishing a solid rapport of trust, concern and mutual understanding with the landowners we work with. This delicate balance works well for us, and has given us consistent, proven results. Legal Opinions: Our in-house attorneys specialize in Real Estate Law, and are experts on reading and interpreting all types of real property documents, such as deeds, easements, and leases. We also have working relationships with several other attorneys who specialize in a multitude of other fields, should the need arise. As you can see, our professionals are qualified and eager to do a great job for you and the City. Not only do we perform during the project, we boast an in-house system that produces some of the most accurate, complete, and easy to follow records and files our clients have ever seen. Our promise is to produce an end product of unsurpassed quality. Once again, allow me to express my gratitude for the opportunity to once again offer our services to you. Please do not hesitate to contact me with any questions you may have. We all look forward to continuing to work with you, and as always, we are pleased to assist you with all of your land acquisition needs. Sincerely, CROSSLAND ACQUISITION, INC. /77 Ken Harrison R SS 9800 N.W. Frwy, Suite 516 Houston, Tx 77092 Phone: 713-290-0390 Fax: 713-290-0392 EMAIL' Houston@crosslandacquisition.com 12325 Hymeadow Drive, Suite 2-200 Austin, Tx 78750 Phone: 512-401 8868 Fax: 512-401-6814 EMAIL: Austin@crosslandaequisition.com 0►I1R MISSION 2121 W. Airport Frwy, Suite 470 Irving, Tx 75062 Phone: 972-870-5450 Fax : 972-870-5447 EMAIL; Irving n crosslandacquisition.com To become a strategic partner with our client by providing the highest quality of full service and value in acquiring rights of way. COMPANY PROFILE CROSSLAND ACQUISITION, INC. (CAI) was formed as a Texas Corporation in 1996 and operates three offices in Texas providing professional land acquisition and relocation services in compliance with the Federal Uniform Relocation & Real Property Acquisition Act (PL 91-646) to governmental entities and private industry. Our staff of experienced professionals has a combined total of over 60 years of experience in utility, telecommunication, pipeline, highway, oil & gas, and land and right-of-way acquisition. CAI is registered with the Texas Real Estate Commission and has two licensed lawyers on staff. We have a network of qualified agents for large jobs that need a quick turnaround and can coordinate appraisals, engineering services land planning, public relations, and surveys through affiliated companies. We understand the acquisition process and the role it plays in your projects. We plan each project individually with your goals foremost in mind then take the steps necessary to achieve those goals. It's important to us that you are kept up-to-date on the status of your project, and our easy to read status reports will keep you informed so you can focus on your core business. And if a problem should arise, we will present you with all the necessary information, as well as possible solutions, so you can make swift, mformed business decisions. The result is a more efficient and effective project. When you are preparing for your next project, know that CAI is ready and willing to provide the expertise to handle all of your land acquisition needs. For more information, contact Ken Harrison in Houston or Jim Henry in Austin. Acquisition Asset Management & Disposal Appraisal Services Appraisal Review Services Damage Settlements Engineering Services Expert Witness Testimony Litigation Support Permitting Project Management Property Analysis Relocation Assistance Right of Way Manuals Surveying & Mapping Title Research & Analysis -1- CURRENT CLIENT SUMMARY Southwestern Bell Telephone Company (SWBTCO). CAI is acquiring non-contiguous (2,000 sq ft) sites for 200+ remote terminal facilities. We are also acquiring "building lease agreements" for the installation of telecommunications equipment inside multi -tenant buildings. CAI has provided these services since 1996 under a `Continuing Nature' contract to provide, site selection, acquisition, title research, title curative, and feasibility studies. Texas Department of Transportation (TxDOT). CAI is providing acquisition, title research and analysis, appraisal, appraisal review, relocation assistance, and litigation support services for state highway projects. CAI is currently completing (4) projects totaling 300+ parcels. We are beginning acquisition on an additional 77+ highly developed parcels in the Dallas District. CAI has been providing these services since 1998. City of Pearland (COP). CAI is acquiring easements for the installation of utilities for multiple projects. CAI is under contract to perform the acquisition of rights of way for the Mykawa Road Project and the Dixie Farm Road Project. CAI has been providing these services since November 1999. Texas Turnpike Authority (TTA). CAI is providing acquisition, title research and analysis, appraisal, appraisal review, relocation assistance, and litigation support services for the "SH 45/Loop 1 Project" in Austin CAI has been providing these services since September 2000. TXU Communications (formerly Fort Bend Communications). CAI is acquiring non-contiguous (3,600 sq ft) sites for remote terminal facilities. We provide site selection, title research and curative, negotiation acquisition and permitting services. CAI has been providing these services since February 2000. City of Waco. CAI is acquiring 17+ easements for the installation of utilities. 2001 COMPLETED PROJECTS OF INTEREST Texas Department of Transportation — subcontractor for Parsons, Brinkerhoff, Quade, & Douglas, Inc - CAI has revised five sections and written a complete new chapter of the Texas Department of Transportation's Right of Way Acuuzsztion Manual. These sections deal with all facets of the right of way process including acquisition, title requirements eminent domain, property management and contract outsourcing. 2000. Texas Department of Transportation - completed 16 parcel bridge approach for Austin District, 2000. City of Pearland - completed 36 parcel water line and several smaller projects, 2000-2001. Reliant Energy — completed 2 cost estimates for utility transmission lines, 2001. Southwestern Bell Telephone Company — acquired 43 parcels for telecom route in Galveston County. CoSery Communications - completed an assignment in the Dallas Metroplex. CoSery Gas - completed an 11 parcel feasibility study for gas pipeline in the Dallas Metroplex. AT&T - discovered and recovered $275k in reimbursement costs owed by the State of Texas since 1995. AT&T - damage release documents, El Paso and route selection & negotiations for fiber line Rio Grande Valley -2- EXPERIENCE & QUALIFICATIONS Ken Harrison, President of CAI, has over 20 years of experience in land acquisition. He is extremely knowledgeable of all facets of right-of-way management and acquisition programs for telecommunication facilities, oil and gas pipelines, state highway projects, oil and gas mineral leasing, and royalty deed procurement Mr. Harrison is experienced in the management of real estate investment properties He is a registered Right -of -Way Agent with the Texas Real Estate Commission, and a member of The Executive Committee (TEC), the International Right of Way Association (IRWA) and the Texas Municipal League. He has a BS Liberal Arts, Real Estate, from Louisiana State University. Jim Henry, Director of Right of Way Operations for CAI, has 27 years of experience in real estate, title msurance, and right-of-way acquisition. He has been a licensed attorney in the State of Texas since 1973. Mr. Henry has over ten years experience with TxDOT, beginning in 1989 as an attorney in the Right of Way Division and serving for six years as the Deputy Director of the Right -of -Way Division for TxDOT. During this period he also acted as a liaison with the Attorney General's Office on condemnation matters. Mr. Henry also has experience in relocation assistance pursuant to the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 In fiscal year 1999 Jim oversaw the acquisition of over 1900 parcels of land acquired by TxDOT. Prior to his service with TxDOT Mr. Henry worked in the title insurance mdustry for 13 years and was in private practice with a real estate law firm in Dallas for four years. Mr. Henry has a BBA from Baylor University in Waco, Texas, and a JD from Baylor University School of Law in Waco, Texas. Ron Stokes is a licensed attorney and has 16 years experience as Senior Right -of -Way Agent for Houston Lighting and Power Company (now Reliant Energy). He has extensive knowledge of all policies and procedures regarding right-of-way acquisitions and land management. Ron has over two years experience as a Title Examiner, abstracting, examining and preparing property title opinions. He has been involved in the IRWA for 16 years, was Chairman of the IRWA's Land Management Committee in 1995 and 1996, and President of HL&P's Employee Association Chapter Five in 1990. Mr. Stokes holds a JD degree, South Texas College of Law and a BBA Business Management from Lamar University. Diana Seerey has 15 years experience as a legal assistant. She has in depth knowledge of title review, legal research, termmology and acquisition. Her work experience includes 15 years with the Department of Transportation five within the Right of Way Division and 10 within the Design Division. Ms. Seerey has an Associate of Applied Science Degree in Legal Assistance, Austin Community College Austin, Texas 1995. Will Harrison has over four and a half years experience as a Right -of -Way Agent with CAL He is an experienced negotiator and has worked in the Houston area and several surrounding counties on behalf of SWBTCO, AT&T, TXU and TxDOT. Will has a BA, English Literature/Spanish, Millsaps College, MS. Melissa Hamous has almost five years experience in property research and acquisition and two years experience in relocation assistance at CAI She has acquired easements for telecommunications facilities highways and municipal utilities. She has done work for SWBTCO, TXU, AT&T, TxDOT and the City of Pearland. She is a member of IRWA and has completed IRWA courses 501 Relocation Assistance, 502 Businesses Relocation, and 801 Land Titles Melissa is currently pursuing an Associates Degree at Houston Community College. Lisa Adams has been a bookkeeper/accounting manager for nearly 16 years She spent 14 years as contract administrator with firms providing construction services to Governmental entities including the Florida Turnpike Authority, U.S. Air Force and the U.S.D.A. Forest Service. Her Real Estate experience includes assisting with closing statements preparing documentation, accounting office management, and off -site property management. She holds a Bookkeeping Certificate from Mira Costa College, Vista CA. -3 Southwestern Bell Telephone Paul Braune, Steve Bush, Peter Thompson, Cynthia McBride, CLIENT 8i REFERENCE Mgr of ROW, North, Mgr of ROW, East Mgr of ROW, West, Mgr of ROW, Central, 936-291-4844, 281-379-7506, 713-660-5300, 281-561-4620, Texas Department of Transportation Jerry Loven, District Right-of-way Administrator, Paris District, Bob Harwood, District Right-of-way Administrator & Attorney, Terry May, P E , District Right -of -Way Administrator, Texas Turnpike Authority Don Toner, Right of Way Administrator, 512-396-0959, Austin, Tx. City of Pearland Al Hague, Right of Way, 281-652-1657, Pearland, Tx. TXU Communications Kenneth Miller, 281-396-5385, Katy, Tx. Knudson & Associates Patricia K. Joiner, President, 713-463-8200, Houston, Tx. Weisser Engineering Company Walt Sass, Principal, 281-579-7300, Houston, Tx. Integra Realty Resources — Dominy, Ford, McPherson David Dominy, President, 713-827-0455, Houston, Tx. Huntsville, Tx. Spring, Tx. Houston Tx. Houston Tx. 903-737-9356, Paris, Tx. 512-832-7249, Austin, Tx. 214-320-6267, Dallas, Tx. 4 CROSSLAND ACQUISITION, INC. SCOPE OF SERVICES The City of Pearland, (City) has requested information detailing the scope of services and project costs for right of way acquisition services This proposal is written to demonstrate the abihty of Crossland Acquisition, Inc. (CAI) to perform requested services. Below is a synopsis of each service area, detailing the usual tasks performed by CAI in each area The services provided and the tasks performed within each service will be modified and restructured as needed if requested by the City. PROJECT OVERVIEW CAI's office will be the home of all files, maps, manuals and other essential data and information on the project. The office address and telephone numbers will be made available to all property owners and interested parties. Normal office hours are 7:30 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 the City officials should be held to concur on strategy, techmques/theories and schedules. At this meeting the City will provide CAI with all appropriate maps, time frames and construction schedules This strategy should include prioritizing acquisition on the improved properties and defining three alternative plans for accelerating landowner decisions and dealing with uncooperative landowners Also, prior to any landowner contact, we should identify the how we will address the restoration of the land and improvements within the light of way. If the City chooses to perform the restoration services, we should identify the contracting firms to be used and identify the individuals within those firms who have the authority to answer landowner questions or settle disputes regarding restoration. An inspection of the property will take place at the time of the meeting. Photographs will be taken of the area in question prior to any work bemg performed. Any appurtenances (landscaping, parking lots, etc.) would be identified in the file and on the status report. We believe it is essential that the City and CAI 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. TITLE SERVICES Ownership information will be provided to CAI by the City and will be deemed as accurate and complete unless put on notice by the landowner. If deemed necessary by the City CAI personnel will obtain a chain of title and perform title examination Our staff includes two real estate attorneys as well as personnel with over fifteen (15) years of title abstracting and examination related experience. Some title issues that could cause delays in executing the easements are probate and heirship, bankruptcy, state and federal tax hens church and governmental entities in title, parcels owned by trusts and difficulty obtaining copies of the trust agreements. NEGOTIATION SERVICES To save money and keep a project on schedule, CAI has established strong internal acquisition guidelines. For each project, CAI 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 ` going down rabbit trails' that would impede the process. 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 the City's Sanitary Sewer project would be an introductory letter from the City explaining the project in general terms and informmg them of Crossland Acquisition's role in the project. Within 5 business days CAI would send a follow up letter introducing CAI and explaining the proposed facility to be constructed, the benefits derived from the improvements and timing for the activities. Within 5 business days after CAI mails its introductory letters, CAI will make telephone calls to all owners affected by the project. Initial meetings with the landowners or their representatives will be held to present the easement and the lienholder consent form. At the end of our appointment the landowner should have a thorough understanding of all facets of the right of way acquisition process. In some cases the landowners prefer to see the document prior to the meeting. We would forward the documents via U.S. Mail with enough time to allow the landowner to review and formulate questions. In order to expedite the execution of the easements I would recommend we establish a predetermined number of contacts (3) If there is no response or if it becomes apparent that the owners are not willing to negotiate, CAI would follow up with a letter via the U.S. Mail. If the landowner does not respond within 10 days of the date of the letter, the file will be forwarded to the City attorney for further action. ADMINISTRATIVE AND RECORDS MANAGEMENT SERVICES A sound records management system is an essential function on any project. It contains the documentation that not only supports daily work activities, but it also provides evidence of compliance with all applicable State and Federal laws and regulations. CAI will prepare files on each parcel to be acquired. Each file will contain activity reports, correspondence, reports, contacts, etc. generated and/or received by CAI The files will be readily available for inspection by City representatives and will be delivered to City as each parcel is closed. A computerized status report, which tracks the key activities performed on each parcel, will also be maintained and furnished to the City as requested (see Exhibit Linelist). CAI's Project Manager will participate in project review meetings as requested to keep City 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 City 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 City. LEGAL SUPPORT SERVICES If the negotiation process is unsuccessful, CAI will prepare any file close out package required by the City in order to initiate the legal proceedings by the City's attorneys. CAI will work with City throughout the process to gain possession of the property. Parcels whose landowners refuse to negotiate will be promptly submitted to the City when it is apparent that the landowners are either not willing to continue negotiations or wish to pursue the matter through the courts. Another potential legal issue is clearing title (see title services) to resolve such questions and issues involving trusts and estates, bankruptcies, foreclosures, adverse claimants, landowner -tenant disputes, ownership of improvements, and releases of all encumbrances If it becomes apparent that holders of encumbrances are either not willing or are unable to provide the necessary documents to release their interests in the property the file will be forwarded to the City to initiate legal proceedings. Negotiations and attempts to secure the needed documents will continue until notification to stop is received from the City. RIGHT OF WAY CLEARANCE or RESTORATION SERVICES A necessary element to close out any right of way acquisition project is the restoration of the property. If requested to assist in this element, CAI will coordinate with the City on the most feasible and economical method of restoration and oversee or inspect such. The City will be notified in writing of any improvements that encroach onto the proposed right of way that have not been properly identified CONCLUSION This appears to be a very straight forward job with respect to the technical aspects. The easement area to be acquired is twenty feet and is located withm the building setback lines. This should not present insurmountable problems to the landowners, but it will affect parking lots, driveways and signs. Since the takings will include improved commercial, busmess and vacant properties, I anticipate a high percentage of the landowners will have the easement agreement reviewed by an attorney. This normally results in requested revisions and/or additions to the language, which must be approved by the City. Also, I would expect valuation of the property to be an issue of contention. In similar projects the landowner will expect the future value of the taking and not the current selling price, therefore some spot appraisals may be in order. CAI is not aware of any federal regulations or guidelines that would be applicable to the proposed right of way services. However, if guidelines or regulations are applicable CAI will adhere to these procedures. CAI is very anxious to begin this project and will dedicate the necessary staff in order to accomplish this task as quickly and expeditiously as possible. Within the next ninety days Thanksgiving and Christmas vacations will be observed, therefore, please find the enclosed timeline. (see Exhibit Milestone). ESTIMATED PROJECT COSTS September 25, 2001 Item of Work Rate Quantity Total Acquisition $1,800/parcel 26 parcels $46,800.00 This price is based on the number of parcels as per C.L. Davis and Company Land Surveyors. The price can increase or decrease depending on the final number of parcels. This price includes all costs (labor, recording fees, mileage, etc.) associated with the acquisition of the above parcels Condemnation related expenses are not included in this unit price. Normally, on government agency projects, the condemnation rate is approximately 20%. As usual, every effoit will be undertaken to successfully acquire the right of way through negotiations thereby elimmatmg the need or reducing this item of cost. Title Examination if needed will be invoiced @ $75 per hour. Appraisal costs are not included, but may be required if condemnation action is required. a� 0 0 Weel r- %00 � %OS %C 0 R Ce) N x 0 O 8 ai 64 C ki 0 LC) CO 10 2 @ 2 al E E E E hristi Weel .c s E 0 UCO 0 _ N Wee! t6 o 09 cel 0 0 0 0 Wee' Week I FO >, m m >. >. m lay WI 0 0 0 0 FL EL V V. . V V V 0 0 O 0 N r oR O Ts n R O O N r- *0 O Weef 'Ts O 0 0 O O O tO el Occr_niner 20 r— 0 O Week 2 10 _ O Week '8 Co r— c 0) L c oal :r --`----- Q) o U •- ca U e Ej it from it_ 0) 1 (0 L _ el a -n ea .'� ( c c� 0 as W64 CCD)) c - ian ® LL _ �, a) a .(75E a . f It 5 Q o 1 CD 0) .. 0) ..--. 0 0) (/) CO vo- rt. 0 k>. 0) 4- .o 0 go 0 0 se 4-d x 3 fle 0 73 G 0 0 L 0 Ira isa ,193 Q E E 0 0 4) g Owner Name Le c Q 0 N 0 r N 0 r r r r (r) r r r M 0 0 0 r 0 r r L c E c a) L CL CO O) Q as 2 a) o a) c (° 0 O E Denied access r 0 Li) rn Out of town unti 0 0 0 0 a) L) 0 0 o oo 0 o c o z ,a) c c U 6.0 0 0 ax) a) .- c O a)_ U N O U c 0 (0 O a) a3 a) E aa) 0)a o 0 c O 0 a) c -CL1 on O (o .c o L (li 4) Easement signed and recorded (2 u) o 0 0 o c� 0 o0 ac L ccp c L C c 0 Q) W a E O -�--� o c 0 O m 0 0 th 0 O 0 1 M r CJ Sara Jones LO 0 ti (0 r N r N r i 10 1 r Return Receipt Re a) f U n 0 ) a L co -0 O a) L L, Q •5 c- • U c 4-, 4 RS E O O) U) a) (l z w 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 bringing any legal action, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. EXECUTED and EFFECTIVE as of the 12 day of November , 20 01 . ATTEST: ary PPROVED AS TO FORM: p,..- n Gam, Darrin M. Coker City Attorney ATTEST: eft,,••71:_-1 CITY OF PEARLAND By: Bill Eisen City Manager CARTER & BURGESS, INC , Engineer By %kM �- `d ` lQ Printed Name. Verno., Printed Name: Title: Prole!'/ rlonmty„ Title: Yi c e Pry s ; (Q 5 STATE OF TEXAS § COUNTY OF 14 A (Z.(Z,I S § BEFORE MEA the undersigned Notary Public, on this day personally appeared l�l LL I �k�V► P 1 , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS LeA DAY OF ARVG/16Gle ,A.D,200] . ``�°°°°�0'4Rti ��°°°i° ® 4 0 0` 460 SO CO e ®. Sio itte OF.% a w ®ems, c'eAP110,0^ 4° STATE OF TEXAS § § COUNTY OF ✓ zc r, § NO ARY PUBLIC I AND FOR THE STATE OF TEXAS Printed Name. FLO I' ( Cr: My Commission Expires: 04 ..)5-- 03 BEFORE ME, the undersigned Notary Public, on this day personally appeared -7/ known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE THIS /-S DAY OF A itm ter°` , A.D., 20 0/ ti i PERLA N. LEHMAN ti Notary Public, State of Texas b My Commission Expires: APRIL 2, 2005 i NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: o-✓ /c2- .,v , 2e-i.n J My Commission Expires: 2- � d©S'