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R-2016-051 2016-04-25RESOLUTION NO. R2016-51 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into a Reimbursement Agreement with the Pearland Economic Development Corporation, Letter Financing Agreements with the Lower Kirby Pearland Management District and Pearland Municipal Management District No.1, and an Engineering Services Agreement, in the amount of $173,558 with LJA Engineering, Inc., associated with the Lower Kirby TxDot Ditch Acquisition Project. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Reimbursement Agreement by and between the City of Pearland and the Pearland Economic Development Corporation, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, are hereby authorized and approved. Section 2. That certain Letter Financing Agreements by and between the City of Pearland and the Lower Kirby Pearland Management District and Pearland Municipal District, copies of which are attached hereto as Exhibit "B" and made a part hereof for all purposes, are hereby authorized and approved. Section 3. That certain Engineering Services Agreement, by and between the City and LJA Engineering, Inc., a copy of which is attached hereto as Exhibit "C" and made a part hereof for all purposes, is hereby authorized and approved. Section 4. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest the Reimbursement Agreement, Letter Financing Agreements, and Engineering Services Agreement attached hereto. PASSED, APPROVED and ADOPTED this the 25th day of April, A.D., 2016. TOM REID MAYOR ATTEST: APPROVED AS TO FORM: J/ ,�' i Cllr DARRIN M. COKER CITY ATTORNEY *.t: • ```` '41811111 %%%% Resolution No. R2016-51 Resolution No. R2016-51 PEARLAND MUNICIPAL MANAGEMENT DISTRICT NO. 1 c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 November 3, 2015 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for acquisition of the Texas Department of Transportation ("TxDOT") drainage ditch for Beltway 8, located parallel to and east of Kirby Drive To Whom it may concern: Pearland Municipal Management District No. 1 (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014, to provide for the financing and construction of facilities to serve land within the District. The District adopted a Master Drainage Plan on February 6, 2014. The District and the City have determined to proceed with the acquisition of the underlying fee interest in the TxDOT drainage ditch easement, and other properties as needed, from Beltway 8 to Clear Creek, located parallel to and east of Kirby Drive (the "Project"), to implement the Master Drainage Plan. Although the actual costs are difficult to determine, the Parties best estimate of the total cost of the Project is $250,000.00. The Parties expect the right-of-way to be acquired in pieces and in phases. The City will make all payments related to the Project and the District agrees to reimburse the City for all costs to the maximum extent approved by the Texas Ethics Commission of Environmental Quality, pursuant to the terms of the Agreement for the District's 27.7% share of the Project, subject to the terms and conditions of the Agreement. As each parcel is acquired in fee, the City shall fill in the form attached hereto as Exhibit A to document the actual Project costs. [EXECUTION PAGE FOLLOWS] 567295 This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 3rd day of November, 2015. Very truly yours, PEARLAND MUNICIPAL MANAGEMENT DISTRLCT NO. 1 By: \4pYresid t, Board o Directors AGREED TO AND ACCEPTED this 2.54' day of Aprt , 2044 567295 EXHIBIT A TxDOT DITCH ACQUISITION PROJECT COSTS Description Amount Paid 567295 Resolution No. R2016-51 Exhibit "A" REIMBURSEMENT AGREEMENT This Agreement is entered into this 9,5 th day of 'L—_, 2016, by and between the CITY OF PEARLAND, TEXAS (hereinafter "City"), and the Pearland Economic Development Corporation (hereinafter "PEDC"). WHEREAS, the PEDC is a Type B economic development corporation, created pursuant to Chapter 505 of the Texas Local Government Code, as amended; and WHEREAS, the City and Lower Kirby Pearland Management District ("LKPMD") and Pearland Municipal Management District No. 1 (PMMD No.1) have approved a Master Drainage Plan ("Plan") for the area located within the boundaries of LKPMD and PMMD No.1. WHEREAS, the City and PEDC desire to make drainage improvements to, the Texas Department of Transportation ("TxDOT") ditch located parallel to and between SH288 and Kirby Drive in accordance with the Plan (hereinafter "Improvements"); and WHEREAS, the Improvements represent an infrastructure project located within the boundaries of the LKPMD & PMMD No.1; and WHEREAS, the City and PEDC desire to acquire the fee simple title property interest in the TxDOT ditch drainage easement, and other properties as needed, in order to make the Improvements (hereinafter "Acquisitions"); and WHEREAS, the City, PEDC, LKPMD, PMDD No.1 and TxDOT have agreed to a Memorandum of Understanding in which TxDOT is amenable to the implementation of the Improvements to the ditch and acquisition of the property underlying the ditch drainage easement; and WHEREAS. Section 501.103 of the Texas Local Government Code (hereinafter "Code"), in pertinent part, defines the term "project" to mean "expenditures that are found by the board of directors to be required or suitable for infrastructure necessary to promote or develop new or expanded business enterprises, limited to: (1) streets and roads, rail spurs, water and sewer utilities, electric utilities, or gas utilities, drainage, site improvements, and related improvements; (2) telecommunications and Internet improvements ..."; and WHEREAS, the PEDC desires to fund the Acquisitions and related expenses associated with acquiring the property; and WHEREAS, the City can receive eligible reimbursements from the LKMMD and PMMD No.1 for the costs associated with the Acquisitions; and WHEREAS, PEDC approved funding for the Acquisitions at its March 31, 2016 Board of Directors' meeting; and WHEREAS, City and PEDC desire an agreement to set forth their respective responsibilities with regard to the Acquisition and reimbursement of said costs. WITNESSETH: NOW THEREFORE, in consideration of the foregoing premises and other good and valuable consideration the receipt and sufficiency of which is hereby acknowledged, it is hereby agreed as follows: 1. The City shall contract for abstracting, survey and other professional services to provide documentation necessary to acquire the fee interest in the Acquisitions as more accurately described in Exhibit "A" attached hereto. 2. The City will acquire, on behalf of the LKPMD and PMMD No.1, individual parcels or groups of parcels as Improvements are needed. 3. The City may acquire individual parcels as identified in Exhibit "6" attached hereto, and other properties as needed. PEDC shall fund an amount equal to the actual cost of the Acquisitions ("PEDC Participation Amount"), which shall be paid to City in installments or a lump sum amount. The timing and amount of the payment shall be determined at sole discretion of the City, but in no event shall the total payments exceed the actual cost of the Acquisitions. 4. This Agreement shall be contingent upon City, LKPMD and PMDD No.1 entering into a Financing Agreement whereby City agrees to pre -finance the Acquisitions in return for LKMMD's and PMMD No.1's agreement to reimburse the City for the costs associated with the Acquisitions ("Reimbursable Fund Payment"). Within 90 days following City's receipt of a Reimbursable Fund Payment from LKMMD and/or PMMD No.1 that is attributable to the Acquisitions, City shall make payment to PEDC, in an amount equal to the Reimbursable Fund Payment, as reimbursement for the PEDC Participation Amount. 5. The initial term of this Agreement shall be for a period of eighteen (18) months, commencing on the as th day of , 2016, and may be renewed as needed until the Improvements are substa tially complete. 6. This Agreement may only be amended, modified, or supplemented by written agreement and signed by both parties. 8. No assignment by a party hereto of any rights under or interests in this agreement will be binding on another party hereto without the written consent of the party sought to be bound; and specifically but without limitation moneys that may 2 become due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment no assignment will release or discharge the assignor from any duty or responsibility under this Agreement. 9. Nothing herein is intended to supersede or waive any City ordinance or regulation pertaining to such construction. 10. Whenever possible, each provision of this Agreement shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this Agreement is prohibitive or invalid under applicable law, such provision shall be ineffective to the extent of such provision or invalidity, without invalidating the remainder of such provision or the remaining provisions of this Agreement. 11. This Agreement shall be construed and enforced in accordance with and governed by the laws of the State of Texas. 12. To accomplish execution of this Agreement, it may be executed in multiple counterparts. 13. The Parties agree that any suit arising out of or related to this Agreement shall be filed in Brazoria County Texas. 14. All notices which are required or may be given pursuant to this Agreement shall be in writing and shall be sufficient if delivered personally or by first class mail, postage prepaid, return receipt requested, or by a nationally recognized courier, to the parties and their attorneys at the addresses set out below or such other addresses as the parties or their attorneys may hereafter notify one another: If to City: If to PEDC: City of Pearland Attn: Clay Pearson, City Manager 3519 Liberty Drive Pearland, TX 77581 Pearland Economic Development Corporation Attn: Chairman 1200 Pearland Parkway, Suite 200 Pearland, TX 77581 Notice delivered in accordance with the terms hereof shall be effective upon receipt. 3 In witness whereof, the parties have hereunto set their hands and signatures on the date first above mentioned. 0“111„1,,,,. o`�eO __>: "U. PEARLAND ECONOMIC DEVELOPMENT CORPORATION a Texas non-profit corporation By: Rushi Patel Chair CITY OF PEARLAND, a Texas m .r)icipal or oration By: CI+earso ' , City Mana.-r 4 EXHIBIT A Proposals for Abstracting, Surveying, and other Professional Services 5 EXHIBIT B Ditch Acquisition Parcel Exhibit 6 n ISSI trot -t o g rn 1— X W z w W In W z J 2 U —Z • z io 4 .142o 20 m zo 0 2 F O - 9 z N 3u O w 0 20 4z1 46 o 4. It w. 2 O Z W < W «1- 2 mix• W owo CL<C1-IL CLoQmaLa W < O=l2< Ul Z Z I- 1410 op Ow WW Z 0 J<2O Z <mI=U m QN- 440 ON o: 0a • C <a- p 2000• zu u K M011 3OVNId1I0 Q3S0d011d .09$' ,XOLdddY -1 19d - 'w 3na05 80_7.Jr ♦N 31 Air .�t*ti90N Ni uus3 0 otto° ,00:1If .. O O O 9 000 -- --ter— \I \� O Vn'0N ia0-w 'O'\ lot '6d '09 ^.Id oz 0995 oo05ki `bJ 2;0 <p0 00 m 0 a U yi s v 2 r \\ n1 ■ \ 411t \ • ...it. \ y rim I \i....;' 't 59 0 R R 9 9 3 \ mm aV \ laiam ae \ • m9 •opo \ of r1:' 1\ ey/ -pr- 9p g V_11 ys I 1 I $ Ye,1 I 1,11 iI A % I1'2 � t1 1 0 K / V J/7 ;� x 1 919-1' 'IIAS/IS N01710211 03020 coa X08ddd JAMBS HAMILTON SURVEY, �9-► A3AVOS SJZid7I2Id903 nYmoo nL�m! L _ r�nirn .vis' 25 K 9P a a d 0 0• N 5 3 B 0 1331153 5 33 6' '35331455Nva 05,0 a n 3' N 0♦ ' 3 d '2 " 1 0 5N30 0 N v e a n 9, S ! 0 1 a It 0 3 3 11 0 2 I S V 0 3 1 1 0 0 0 3 8 31 8 6001115 u - tt[ 2 .434000 S 4 44 21 0 3 5 0 M 959 CIN: 9'• 5. nr 9S 0 5109 '10 e . r5 e0r 0*.(N'^Crr9w9 Wo u.elptoul30939)90nleoul 133HS SnOiraad 33S 3NIl HOlVW 86 igo--.r�wnn- o z0000z00000a �,-,� ea '.:zzrvoddBmo6c ng .,41 - .1.-oo__0 ao-z000aa Z .a GO Z ALLEN DOROTHY ATWATER AND KIMBREEI NANCY D CITY OT' uNV 44EA OE PEARLAN O LIFESTYLE CENTER SPECTR SPECTRUM PARTNERS LP VNKOWN MAZOLA JACK DR clh. OF PEARLANO yNKN WN COED KNIGHT NOLOINCSP @ETT, M MARTIN BYPASS TRUST ONO JAMES V T TRUSTEE. QNC JAMES O Y TRVS�Ffl JJ ur ppp NNVI A« zzz oo idnmmo- o.rro.mrg O Zia Q= 0 1.01— W XVIww M cc OwQ- O aoaw QZO�` W D Z Z amaW ,ropQm Q VI ZZI= 0 O O W L w Z 1 W 0 .iQ-zO Z Qm$-o -wanes-WW Resolution No. R2016-51 LOWER KIRBY PEARLAND MANAGEMENT DISTRICT c/o Allen Boone Humphries Robinson LLP 3200 Southwest Freeway, Suite 2600 Houston, Texas 77027 November 18, 2015 City Manager City of Pearland, Texas 3519 Liberty Drive Pearland, TX 77581 Re: Financing for acquisition of the Texas Department of Transportation ("TxDOT") drainage ditch for Beltway 8, located parallel to and east of Kirby Drive To Whom it may concern: Lower Kirby Pearland Management District (the "District") and THE CITY OF PEARLAND, TEXAS (the "City") entered into a Financing Agreement (the "Agreement") dated February 6, 2014, to provide for the financing and construction of facilities to serve land within the District. The District adopted a Master Drainage Plan on February 6, 2014. The District and the City have determined to proceed with the acquisition of the underlying fee interest in the TxDOT drainage ditch easement, and other properties as needed, from Beltway 8 to Clear Creek, located parallel to and east of Kirby Drive (the "Project"), to implement the Master Drainage Plan. Although the actual costs are difficult to determine, the Parties best estimate of the total cost of the Project is $250,000.00. The Parties expect the right-of-way to be acquired in pieces and in phases. The City will make all payments related to the Project and the District agrees to reimburse the City for all costs to the maximum extent approved by the Texas Ethics Commission of Environmental Quality, pursuant to the terms of the Agreement for the District's 72.3% share of the Project, subject to the terms and conditions of the Agreement. As each parcel is acquired in fee, the City shall fill in the form attached hereto as Exhibit A to document the actual Project costs. [EXECUTION PAGE FOLLOWS] 565676 This agreement was duly authorized at a meeting of the Board of Directors of the District held on the 18th day of November, 2015. Very truly yours, LOWER KIRBY PEARLAND MANAGEMENT DISTRICT By: Pres' : ent, : • : r. • Directors AGREED TO AND ACCEPTED this 24' day of A 565676 , 20jk. EXHIBIT A TxDOT DITCH ACQUISITION PROJECT COSTS Description Amount Paid 565676 Resolution No. R2016-51 CONTRACT FOR PROFESSIONAL SERVICES THIS CONTRACT is entered into upon final execution by and between the City of Pearland ("CITY") and LJA Engineerint►, Inc. ("CONSULTANT"). The CITY engages the CONSULTANT to perform professional services for a project known and described as TxDOT Ditch Acquisition Abstracting and Survevine ("PROJECT"). SECTION I - SERVICES OF THE CONSULTANT The CONSULTANT shall perform the following professional services to CITY standards and in accordance with the degree of care and skill that a professional in Texas would exercise under the same or similar circumstances: A. The CONSULTANT shall provide services for the abstracting and surveying for the TxDOT Ditch Acquisition. See Exhibit A, attached, for a detailed SCOPE OF WORK and PROJECT schedule. The PROJECT schedule shall be submitted in digital and hard copy form in the Microsoft Project for Windows format. B. The CONSULTANT shall prepare and submit a detailed opinion of estimated cost of the PROJECT. C. The CONSULTANT acknowledges that the CITY (through its employee handbook) considers the following to be misconduct that is grounds for termination of a CITY employee: Any fraud, forgery, misappropriation of funds, receiving payment for services not performed or for hours not worked, mishandling or untruthful reporting of money transactions, destruction of assets, embezzlement, accepting materials of value from vendors, or consultants, and/or collecting reimbursement of expenses made for the benefit of the CITY. The CONSULTANT agrees that it will not, directly or indirectly; encourage a CITY employee to engage in such misconduct. D. The CONSULTANT shall submit all final work product and documents in both hard copy and electronic format. Plans shall be AutoCAD compatible and all other documents shall be Microsoft Office compatible. The software version used shall be compatible to current CITY standards. Other support documents, for example, structural calculations, drainage reports and geotechnical reports, shall be submitted in hard copy only. All Record Drawings electronic files shall be submitted to the CITY in TIF format. E. The CONSULTANT recognizes that all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT shall be delivered to the CITY upon request, shall become subject to the Open Records Laws of this State. Design I of6 DI. Revised 1/14 F. 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. The CONSULTANT shall include the CITY as an additional insured under the policies, with the exception of the Professional Liability Insurance and Workers' Compensation. Certificates of Insurance and endorsements shall be furnished to the CITY before work commences. Each insurance policy shall be endorsed to state that coverage shall not be suspended, voided, canceled, and/or reduced in coverage or in limits ("Change in Coverage") except with prior written consent of the CITY and only after the CITY has been provided with written notice of such Change in Coverage, such notice to be sent to the CITY either by hand delivery to the City Manager or by certified mail, return receipt requested, and received by the City no fewer than thirty (30) days prior to the effective date of such Change in Coverage. Prior to commencing services under this CONTRACT, CONSULTANT shall furnish CITY with Certificates of Insurance, or formal endorsements as required by this CONTRACT, issued by CONSULTANT'S insurer(s), as evidence that policies providing the required coverage, conditions, and limits required by this CONTRACT are in full force and effect. G. The CONSULTANT shall indemnify and hold the CITY, its officers, agents, and employees, harmless from any claim, loss, damage, suit, and liability of every kind for which CONSULTANT is legally liable, including all expenses of litigation, court costs, and attorney's fees, for injury to or death of any person, for damage to any property, or errors in design, any of which are caused by the negligent act or omission of the CONSULTANT, his officers, employees, agents, or subcontractors under this CONTRACT. Design 2of6 D1. Revised 1/14 H. All parties intend that the CONSULTANT, in performing services pursuant to this CONTRACT, shall act as an independent contractor and shall have control of its own work and the manner in which it is performed. The CONSULTANT is not to be considered an agent or employee of the CITY. SECTION I1 - PERIOD OF SERVICE This CONTRACT will be binding upon execution and until all services are rendered. SECTION III - CONSULTANT'S COMPENSATION A. The total compensation for the services performed shall not exceed the total noted in Section B. B. The CITY shall pay the CONSULTANT in installments based upon monthly progress reports and detailed invoices submitted by the CONSULTANT based upon the following: 1. Basic Services $105,308 2. Additional Services shall require independent and specific authorization and shall be billed as: 63.250 3. Bid Phase Services (Hourly Not to Exceed) 4. Construction Phase Services (Hourly Not to Exceed) 5. Reimbursable Expenses (Not to Exceed) $5,000.00 6. Total: $173,558.00 C. The CITY shall make payments to the CONSULTANT within thirty (30) days after receipt and approval of a detailed invoice. Invoices shall be submitted on a monthly basis. SECTION IV - THE CITY'S RESPONSIBILITIES A. The CITY shall designate a project manager during the term of this CONTRACT. The project manager has the authority to administer this CONTRACT and shall monitor compliance with all terms and conditions stated herein. All requests for information from or a decision by the CITY on any aspect of the work shall be directed to the project manager. Design 3of6 DI. Revised 1114 B. The CITY shall review submittals by the CONSULTANT and provide prompt response to questions and rendering of decisions pertaining thereto, to minimize delay in the progress of the CONSULTANT'S work. The CITY will keep the CONSULTANT advised concerning the progress of the CITY'S review of the work. The CONSULTANT agrees that the CITY'S inspection, review, acceptance or approval of CONSULTANT'S work shall not relieve CONSULTANTS responsibility for errors or omissions of the CONSULTANT or its sub- consultant(s) or in any way affect the CONSULTANT'S status as an independent contractor of the CITY. SECTION V - TERMINATION A. The CITY, at its sole discretion, may terminate this CONTRACT for any reason — with or without cause -- by delivering written notice to CONSULTANT personally or by certified mail at 2929 Briarpark Dr, Suite 600, Houston, Texas 77042. Immediately after receiving such written notice, the CONSULTANT shall discontinue providing the services under this CONTRACT. B. If this CONTRACT is terminated, CONSULTANT shall deliver to the CITY all drawings, special provisions, field survey notes, reports, estimates and any and all other documents or work product generated by the CONSULTANT under the CONTRACT, entirely or partially completed, together with all unused materials supplied by the CITY on or before the 15th day following termination of the CONTRACT. C. In the event of such termination, the CONSULTANT shall be paid for services performed prior to receipt of the written notice of termination. The CITY shall make final payment within sixty (60) days after the CONSULTANT has delivered to the CITY a detailed invoice for services rendered and the documents or work product generated by the CONSULTANT under the CONTRACT. D. If the remuneration scheduled under this contract is based upon a fixed fee or definitely ascertainable sum, the portion of such sum payable shall be proportionate to the percentage of services completed by the CONSULTANT based upon the scope of work. E. In the event this CONTRACT is terminated, the CITY shall have the option of completing the work. or entering into a CONTRACT with another party for the completion of the work. Design 4of6 1)I. Re. ised 1/14 F. If the CITY terminates this CONTRACT for cause and/or if the CONSULTANT breaches any provision of this CONTRACT, then the CITY shall have all rights and remedies in law and/or equity against CONSULTANT. Venue for any action or dispute arising out of or relating to this CONTRACT shall be in Brazoria County, Texas. The laws of the State of Texas shall govern the terms of this CONTRACT. The prevailing party in the action shall be entitled to recover its actual damages with interest, attorney's fees, costs and expenses incurred in connection with the dispute and/or action. CONSULTANT and CITY desire an expeditious means to resolve any disputes that may arise between under this CONTRACT. To accomplish this, the parties agree to mediation as follows: If a dispute arises out of or relates to this CONTRACT, or the breach thereof, and if the dispute cannot be settled through negotiation, then the parties agree first to try in good faith, and before pursuing any legal remedies, to settle the dispute by mediation of a third party who will be selected by agreement of the parties. SECTION VI — ENTIRE AGREEMENT This CONTRACT represents the entire agreement between the CITY and the CONSULTANT and supersedes all prior negotiations, representations, or contracts, either written or oral. This CONTRACT may be amended only by written instrument signed by both parties. SECTION VII — COVENANT AGAINST CONTINGENT FEES The CONSULTANT affirms that he has not employed or retained any company or person, other than a bona fide employee working for the CONSULTANT to solicit or secure this CONTRACT, and that he has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage brokerage fee, gift, or any other consideration, contingent upon or resulting from the award or making of the CONTRACT. For breach or violation of this clause, the CITY may terminate this CONTRACT without liability, and in its discretion, may deduct from the CONTRACT price or consideration, or otherwise recover, the full amount of such fee, commission, percentage brokerage fee, gift, or contingent fee that has been paid. Design 5 of 6 D1. Revised 1,14 SECTION VIII- SUCCESSORS AN1) ASSIGNS This CON- RACT shall not be assignable except upon the written consent of the parties hereto. C lfu'OF .A' ,r ND, TEXAS CO JLTANT 0 -Ass LTA snui..n,3 1..c. 5-1-1-/, DATE Design 6o1'6 DI. Revised 1/14 LJA Engineering, Inc. 2929 Briarpark Drive Phone 713 953.5200 Suite 600 Fax 713.953.5026 Houston, Texas 77042 www.ljaengineering.com TBPE No F-1386 TBPLS No 10110501 March 24, 2016 REVISED PROPOSAL Mr. Skipper Jones Assistant Director of Capital Projects c/o Pearland Economic Development Corporation 1200 Pearland Parkway, Suite 200 Pearland, Texas 77581 Re: TXDOT Ditch to Abstract and Survey. Lower Kirby Pearland Management District City of Pearland, Texas LJA Proposal No. 15-00942R2 Dear Mr. Jones: LJA Engineering, Inc. (LJA) is pleased to submit this proposal for the following services for the TXDOT ditch to abstract and survey along both sides of the ditch for the creation of legal descriptions of the requested tracts as shown in the included exhibit. A total of approximately 64 tracts will be abstracted and a boundary resolution completed to include field verification of property pins and complete digital drawings of all tracts. Abstract research done by Abstracting Services of Houston (ASOH) will attempt to verify all property ownership, and easements, living and deceased. Liens will not be included at this time. Additionally, LJA will create approximately 22 parcel plats of tracts that overlap or adjacent to the TXDOT ditch to the City of Pearland specifications with topographic features with the use of ASOH Full title reports in regards to vesting title, restrictions, easements, agreements, recorded leases, outstanding liens, research the current owner name for any federal liens, state tax liens, and abstracts of judgment and bankruptcy proceedings. A remaining 22 parcel plats, property not contained or adjacent to the TXDOT ditch, can be created on an "as needed" basis on request and expedited by the use of the abstracted and boundary verification process. The parcel plats will combine tracts with the same owner that share a common boundary. All the above will be in accordance with the terms and conditions set forth in the Contract for Professional Services. At the time of acquisition and appraisals, a Title Commitment for Policy Insurance may be required and is an additional fee based on the tracts. SCOPE OF SERVICES Phase Description Fee Surveying 201 Abstracting for Survey Support $ 17,248 202 Field Survey, Boundary Verification, and Base Map Creation $ 28,220 203 Title Reports for Land Title Survey ($125/tract) $ 8,000 206 Land Title Survey for platting, easement dedication, or sales $ 39,340 401 Project Manager Coordination $ 12,500 Z99 Reimbursable Expenses (Estimated) $ 5,000 SUBTOTAL $ 110,308 O:\PROPOSAL\2016\Lower Kirby Pearland Management District\15-00942R2 LowerKirby-TXDot Proposal.doc Mr. Skipper Jones March 24, 2016 Page 2 of 2 Phase Description — On Request 207 Additional 22 Land Title Survey ($2,500 each) 401 Project Manager Coordination SUBTOTAL Fee $ 55,000 $ 8,250 $ 63,250 TOTAL $ 173,558 This fee includes an estimated amount of $5,000.00 for the reimbursable expenses. This budget will be used for the actual expenses incurred on the project including printing, mileage, etc. We appreciate the opportunity to submit this proposal and look forward to working with you on this project. If you should have any questions or require additional information, please do not hesitate to contact me at 713.953.5039. Sincerely, jrlor Baumgartner, PE Senior Project Manager TPB/ew O:\PROPOSAL\20161Lower Kirby Pearland Management District\15-00942R2 LowerKirby-TXDot Proposal.doc