HomeMy WebLinkAboutRes 2020-06-738 Task order with COBB FendleyCITY OF ANNA, TEXAS
RESOLUTION NO. 2020w6wL- 7�
A RESOLUTION OF THE CITY OF ANNA, TEXAS APPROVING AND AUTHORIZING
THE CITY MANAGER TO EXECUTE A TASK ORDER BY AND BETWEEN THE CITY
OF ANNA, TEXAS AND COBB FENDLEY & ASSOCIATES, INCORPORATED, IN AN
AMOUNT NOT TO EXCEED FORTY-SEVEN THOUSAND FIVE HUNDRED DOLLARS
AND ZERO CENTS ($47,500.00) AS SHOWN IN EXHIBIT "A" ATTACHED HERETO,
AND PROVIDING FOR AN EFFECTIVE DATE,
WHEREAS, Rosamond Parkway is shown in the City of Anna Master Thoroughfare Plan and
the City Council Strategic Plan as a critical Capital Improvement Project, and;
WHEREAS, as a key component of constructing the road the City must acquire the necessary
right-of-way, and;
WHEREAS, Cobb Fendley &Associates has provided a task order for Right-of-way Acquisition
Services, and;
WHEREAS, the project shall be funded through Roadway Impact Fees;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS, THAT:
Section 1. Recitals Incorporated.
The recitals above are incorporated herein as if set forth in full for all purposes.
Section 2. Authorization.
The City Council hereby authorizes the City Manager to execute the task order agreement as
shown in Exhibit "A" attached hereto.
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PASSED AND APPROVED by the City Council of the City of Anna, Texas, on this day of
20,908
APPROVED: ,.4
ATTEST.
Carrie Land, City Secretary
Pike, Mayor
EXHIBIT "A"
. �° CobbFendley
TASK ORDER
MASTER SERVICE AGREEMENT (MSA), Task Order No. 17-04A
Pursuant and subject to the above captioned MSA dated April 11, 2017 between Cobb Fendley &
Associates, Inc. and the City of Anna, Texas . CLIENT hereby requests that CONSULTANT performs
the work described below upon the terms set forth:
CLIENT PROVIDED INFORMATION:
Work Site: I West Rosamond Parkway (I.H. 75 to Anna High School)
Work to Be Performed: ROW Acquisition Services
Drawings, plans, specifications (afe) (are not) attached: N/A
Date and Time to Commence: Date of Task Order acceptance
Date and Time to Complete: N/A
Equipment, vehicles, tools, materials, supplies to be furnished or obtained through third parties by
CLIENT (if any):
N/A
Invoice Mailing Instructions: Per MSA
Other Requirements or Variance from MSA (if any): N/A
Compensation: See Attached Exhibit B
(IF THE CITY IS SEEKING REIMBURSEMENT FROM A DEVELOPER OR THIRD PARTY, THE CITY
IS RESPONSIBLE FOR PAYING THE ENGINEER WITHIN 30 DAYS OF INVOICE AND SEEKING
REIMBURSEMENT FROM THE THIRD PARTY. PAYMENT TO THE ENGINEER IS NOT
CONTINGENT ON THE CITY RECEIVING REIMBURSEMENT FROM THE THIRD PARTY)
Scope of Work: See attached Exhibit A.
ACCEPTANCE:
The foregoing TASK ORDER is accepted on the terms set forth as indicated
CONSULTANT
Cobb, Fendley � Associates, Inc.
By:
Printed
Title: �� /Id 4 /1
Date: 2 7 -"
CLIENT
City of�Ann��T
the signatures below.
Printed Name: ifvA u -C)C,E�
Title: Cl %'�-lt
Date:
. ° CobbFendley
EXHIBIT A
SCOPE OF SERVICES
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE CITY OF ANNA, TEXAS, AND
COBB, FENDLEY & ASSOCIATES, INC.
FOR ROW ACQUISITION SERVICES FOR WEST ROSAMOND PARKWAY
FROM I.H. 75 TO ANNA HIGH SCHOOL
I. PROJECT DESCRIPTION
Cobb, Fendley &Associates, Inc. (CobbFendley) will provide professional right-of-way
acquisition services for West Rosamond Parkway from I.H. 75 to Anna High School.
II. PROJECT MANAGER
Paul Carline, P.E.
Senior Project Manager
2801 Network Boulevard, Suite 800
Frisco, Texas 75034
972-335-3214
pcarline@cobbfendley.com
III. TASK SUMMARY
Task 6 —ROW Acquisition Services
This task order assumes no TxDOT funds are involved. If TxDOT funds are
involvedI additional services would be required to comply with their Local Public
Agency (LPA) guidelines and requirements for obtaining reimbursement.
Consultant agrees to perform the following Services after receiving Notice to Proceed
from Client:
1) Project Administration
a) Document Management /Reporting
i) Maintain Parcel records on file of all aspects of the acquisition process in
accordance with Client requirements and the Law. Close out files in electronic
copy or as requested by Client.
ii) Maintain and electronically transmit, in a format acceptable to Client, weekly
status reports including all Parcels and activities related to Project ROW.
Participate in status meetings as requested by Client.
iii) Maintain records of all payments including check number, amount and date
paid, etc.
.' CobbFendley
iv) Maintain copies of all correspondence and contacts with property owners.
2) Introduction to Property Owners
a) Prepare initial property owner contact list and send out initial contact letters of
introduction for property owners. The letters shall clearly describe the Project,
Client's need for the owner's property, and shall include the name and telephone
number of Client's representative as well as the Landowners Bill of Rights. The
forms for these letters shall be approved by Client prior to use.
3) Title Services/Closing Services
a) If desired, select and contract with one or more title companies and secure a
preliminary title commitment or preliminary title report, and, if necessary or
appropriate, copies of all underlying documents. Cost of the preliminary title
commitment or preliminary title report is paid by Client and not included in the
Scope of Services.
b) Notify the title company, in writing, which exceptions should be removed,
including easements that (a) are appurtenant to and/or of benefit to the Parcel
but not included in the Parcel to be acquired, and (b) are a burden on the Parcel
and not acceptable.
c) Review the preliminary title commitment or report to ensure that all current
owners of record title are contacted and that negotiations or condemnation
actions are conducted with all appropriate parties.
d) Work with the current owners of record title to each Parcel or interest in a Parcel
or their designee and all other appropriate parties to clear any title exceptions or
exclusions not acceptable to Client.
e) Secure an owner's policy of title insurance in the amount of the total acquisition
cost for each Parcel acquired, whether by deed or eminent domain judgment,
insuring title as required by Client. All Project ROW shall be acquired in fee
simple absolute or easement interest as appropriate, free and clear of any and all
liens and unacceptable encumbrances. Cost of the title insurance is paid by
Client and not included in the Scope of Services.
f) Prepare the escrow agreement and closing documents, including a closing
memorandum identifying all parties involved in the closing, and listing all
documents to be executed and/or delivered in connection with the closing.
g) Provide title curative documents and exhibits as required and in conjunction with
the applicable title company. Confirm that all conditions to closing have been
satisfied and notify Client of all closing appointments.
h) Deliver original, recorded deed within ten Business Days after the title company
receives the recorded deed.
4) Appraisal Services (only if an agreement can't be reached based on initial offer)
a) Provide fair market value appraisals prepared by appraisers meeting the
minimum qualifications established herein. All appraisals shall be prepared in
conformance with the Law (including the Uniform Act), and in accordance with
.. � CobbFendley
professional appraisal methods and applicable Client standards for all Parcels to
be acquired by Client.
b) Establish pre -appraisal contact with each owner of record title and each
occupant, and document all contacts using acceptable forms.
c) Contact the record title owners or their designated representatives, in writing, to
offer them the opportunity to accompany the appraiser on the appraiser's
inspection of the Parcel, and maintain a record of all such contacts in the Parcel
file.
d) Prepare a complete appraisal report for each Parcel to be acquired to include the
whole property, the portion to be acquired, and any damages to the remainder.
The appraisal reports shall satisfy the requirements of the USPAP in effect at the
time the appraisal is submitted. Special analyses, studies or reports, as
necessary, shall be made a part of each appraisal. The appraiser must use the
most current edition of the standards referenced above and continually monitor
these standards to ensure the appraisals conform to the most current
requirements of professional appraisal practice.
e) Obtain and provide copies of all written leases, licenses and other occupancy
agreements, including outdoor advertising/sign agreements, in order to identify
lessees, licensees and other occupants with potential compensable interests in
each Parcel and to determine the value of such interest(s).
f) As necessary, the appraiser(s) shall testify as an expert witness(es) or provide
expert witness(es) in eminent domain proceedings through Special
Commissioners' hearings. Appraiser shall also provide administrative and/or
technical support for such proceedings as requested by Client. Attend pre -
hearing meetings as required by Client.
g) Prepare and deliver, upon request, a copy of all file documents, as formally
requested in discovery motions or request for production.
h) Appear and provide expert witness testimony as an appraiser when requested for
eminent domain proceedings through Special Commissioners' hearings.
5) Negotiation Services
a) Conduct all negotiations in accordance with the requirements of the Law.
b) Confirm Client's approved value prior to making an offer for each Parcel.
c) Analyze the preliminary title report to determine potential title problems, propose
methods to cure title deficiencies.
d) Prepare the initial offer letter, memorandum of agreement, instruments of
conveyance, and any other documents required or requested by Client on
applicable forms.
e) Contact each property owner or owner's designated representative, in person
where practical, to present the offer and deliver appropriate brochures. Maintain
follow-up contacts and secure the necessary documentation and title curative
work upon acceptance of the purchase offer.
f) At the time of offer, produce and distribute to all property owners and displacees,
Client- approved informational brochures, as appropriate.
. ° CobbFendley
g) Identify lessees, licensees, occupants, or other parties with potential
compensable interests including outdoor advertising sign owners, and, if
appropriate, after consultation with Client, negotiate with such parties for the
acquisition of their compensable interests.
h) Advise the property owners, lessees, licensees, occupants, and other holders of
compensable interests, as applicable, of the counter offer process. Confer with
and transmit to Client any counter offer request from property owners, lessees,
licensees, occupants, or other holders of any compensable interest, as
applicable, including a detailed recommendation in accordance with standards,
manuals and procedures. Client shall determine whether to accept a counter
offer. Delivery of the counter offer request with a recommendation to Client will
occur within five Business Days of receipt of the counter offer request.
i) At the request of Client, participate in the evaluation of the counter offer request
and attend the review committee meeting.
j) Provide a letter with the Counter offer Committee's response to the property
owner, lessee, licensee, occupant, or other holder(s) of a compensable interest,
as applicable. Consultant shall deliver all settlement responses within three
Business Days after receipt.
k) Notwithstanding an unsuccessful completion of the formal counter offer process,
Client with the assistance of Consultant may, in its sole discretion, engage in
ongoing negotiations with the holders of compensable interests. Said
negotiations may continue until such time as the filing of a condemnation petition.
I) Provide response to the verbal or written inquiries of any property owner, lessee,
licensee, occupant or other holder of a compensable interest within two Business
Days.
m) Prepare a negotiator contact report for each meeting or conversation with any
person (or their appointed representative(s) supported by a written confirmation
of appointment) who has a compensable interest in each Parcel. Contact reports
shall also be prepared for unsuccessful attempts to contact such persons.
n) Maintain a complete Parcel file for each Parcel. All original documentation related
to the purchase of the real property interests will be maintained (housed
separately from the relocation files) in conformance with Client standards,
manuals, and procedures.
o) Prepare and deliver documents of conveyance (including bisection clause and
access clause, if applicable) to the property owner, lessee, licensee, occupant, or
other holder of any compensable interest, as applicable, and obtain their
execution of the same. All signatures on documents to be recorded shall be
notarized in accordance with the Law.
p) If an agreement isn't reached based on the initial offer, obtain an appraisal report
for the subject property. Prepare and deliver a final offer letter to the property
owners, lessees, licensees, occupants, or other holders of any compensable
interest, as applicable. Said final offer letter will include the appraisal report to
comply with Chapter 21 of the Texas Property Code.
�° CobbFendley
SERVICE REQUIREMENTS OF CLIENT: Services shall include, but are not limited to
the following:
6) Provide timely reviews and approval of submissions.
7) Provide any Client standard forms and brochures.
8) Process and issue all payments of approved purchase prices for each parcel.
CobbFendley
EXHIBIT B
COMPENSATION SCHEDULE
PROFESSIONAL ENGINEERING SERVICES AGREEMENT
BETWEEN THE CITY OF ANNA, TEXAS, AND
COBBFENDELY & ASSOCIATES, INC.
FOR ROW ACQUISITION SERVCES FOR WEST ROSAMOND PARKWAY
FROM I.H. 75 TO ANNA HIGH SCHOOL
Parcel
*
Collin
CAD ID
Owner
Title/Closing
Service
Negotiation
Service
Appraisal
Service*
1
1011960
Risland Mantua LLC
$1,000
$4,500
$4,000
2
2745487
Anna 18 LLC
$1,000
$4,500
$4,000
3
1013726
LHJH Properties LTD
$1,000
$4,500
$4,000
4
1011915
Anna Texas Land LTD
$1,000
$4,500
$4,000
5
2112107
Jonic Investments LTD
$1,000
$4,500
$4,000
Totals:
5 Parcels
$5,000
$22,500
$20,000
If Necessary.
Maximum not to exceed amount for these 5 parcels is $47,500.
Payment Milestones
1) Appraisal Services
a) Paid on a per Parcel basis. Fees to be obtained as appraisals are deemed
necessary.
b) Milestones
i) 100% of the per Parcel sum to be paid upon delivery of a complete and
acceptable appraisal reportfor each applicable Parcel.
2) Title/Closing Services
a) Paid on a per Parcel basis according to the Fee Schedule.
b) Milestones
i) 50% of the per Parcel sum to be paid upon obtaining the title commitment.
ii) 50% of the per Parcel sum to be paid upon obtaining a title policy and
providing it to Client.
3) Negotiation Services
a) Paid on a per Parcel basis according to the Fee Schedule.
b) Milestones
i) 40% of the per Parcel sum to be paid upon presentation of the offer package
for each Parcel.
ii) 35% of the per Parcel sum to be paid upon presentation of the final offer, or
upon payment submission for each Parcel.
iii) 25% of the per Parcel sum to be paid upon successful negotiation and
recordation of all instruments of conveyance.
THE CITY Or
Anna
AGENDAITEM:
Item No. 8.
City Council Agenda
Staff Report
Meeting Date: 6/9/2020
Discuss/Consider/Act on developing designated truck routes in the City of Anna. (Director of
Public Works Greg Peters, P.E.)
SUMMARY:
Staff needs to discuss and seek input on the development of a truck route plan.
There are several considerations with regard to establishing enforceable truck route plans that
include but are not limited to
- restrictions and prohibitions on County and State roadways
- joint jurisdictional roadways
- legal restrictions of truck routes
- weight ratings on bridges
- enforcement of restrictions
- comprehensive approach versus selective approach
(Strategic Plan Goal 3: Anna - A Great Place to Live)
STAFF RECOMMENDATION:
Staff is seeking feedback from the City Council on the desire to create designated truck routes in
the City of Anna. Based upon Council feedback, staff will develop a plan to address the City
needs.
ATTACHMENTS:
Description
Truck Route Presentation
Upload Date
6/3/2020
Type
Presentation