Resolution 2013-28RESOLUTION NO.2013 -28(LR
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, HEREBY AUTHORIZING THE CITY MANAGER OF THE
CITY OF WYLIE, TEXAS, TO EXECUTE THE AGREEMENT
BETWEEN THE CITY OF WYLIE AND MCCARTHY PARTNERS FOR
RIGHT OF WAY ACQUISITION SERVICES FOR THE
RECONSTRUCTION OF COUNTRY CLUB ROAD FROM SOUTH
PARKER ROAD TO NORTH PARKER ROAD
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WYLIE, TEXAS:
SECTION 1: The City Manager of the City of WYLIE, Texas, is hereby authorized to
execute, on behalf of the City Council of the City of WYLIE, Texas, the agreement between the
City of Wylie and McCarthy Partners for right of way acquisition services for the reconstruction
of Country Club from S. Parker Road to N. Parker Road.
SECTION 2: This Resolution shall take effect immediately upon its passage.
RESOLVED THIS THE l Oth day of December, 2013.
ATTEST TO:
F
ELVA
ERIC
Resolution No. 2013 -28(R) — Agreement between Wylie & McCarthy Partners
ROW Acquisition — Country Club Rd, from Parker Rd to North Parker Rd Pagel of 2
EXHIBIT "A"
Interlocal Agreement
Resolution No. 2013 -28(R) — Agreement between Wylie & McCarthy Partners
ROW Acquisition — Country Club Rd, from Parker Rd to North Parker Rd Page 2 of 2
AGREEMENT BETWEEN THE CITY OF WYLIE, TEXAS AND
MCCARTHY PARTNERS.
THIS AGREEMENT ( "Agreement ") is made this day of , 2013
( "Effective Date "), by and between the City of Wylie, Texas, hereafter referred to as ( "Ciff") and
McCarthy Partners, hereafter referred to as ( "McCarthy Partners ").
WHEREAS, City requires certain right -of -way acquisition services for eleven (11)
separate parcels related to the Country Club Road Improvement Project as more fully described in
the Project Description section set forth on Exhibit "A" attached hereto and incorporated herein
for all purposes, hereinafter collectively called the ( "Project "); and
WHEREAS, City desires to engage McCarthy Partners to provide and perform said
services in connection with the Project, and McCarthy Partners desires to provide and perform said
services, all on the terms and conditions set forth in this Agreement.
NOW, THEREFORE, in consideration of the foregoing and their mutual covenants
hereinafter set forth, City and McCarthy Partners agree as follows:
SECTION 1
PROJECT SERVICES OF MCCARTHY PARTNERS
Section 1.1 Project Services. In connection with the Project, McCarthy Partners shall
provide for City right -of -way acquisition services in accordance with Texas state law including
the recent amendments resulting from the passage of Senate Bill 18 by the 82"d Texas Legislature,
which will include file set up, initial title search (for owners, easements and encumbrances), initial
offer package along with landowner's bill of rights, negotiations for including 5 contacts and one
counter offer for acquisition, final offer packages, as needed, along with second distribution of
landowner's bill of rights and initial appraisals, and support for condemnation through
commissioners hearing, and perform, furnish or obtain from others the work and services
expressly described, referred to or limited herein (collectively the "Project Services "). McCarthy
Partners shall provide the Project Services for City in all phases of the Project to which this
Agreement applies, all as more particularly set forth in Exhibit "A ".
SECTION 2
ADDITIONAL SERVICES OF MCCARTHY PARTNERS
Section 2.1. Additional Services. In connection with the Project, McCarthy Partners
may be called on to perform, provide, furnish or obtain from others services or work which are not
part of, or are in addition to, the Project Services (the "Additional Services "). If authorized in
writing by City and agreed to by McCarthy Partners, McCarthy Partners shall perform, provide,
furnish or obtain from others the agreed upon Additional Services. McCarthy Partners shall not
be obligated to perform, provide, furnish or obtain any Additional Services without the prior
written authorization of City.
Professional Services Agreement (McCarthy Partners) Page 1
618032.1
Section 2.2 Changes in the Project Services.
Section 2.2.1 Agreed Upon Changes in the Project Services. It is the desire of the
parties to keep changes in the Project Services at a minimum, but the parties recognize that such changes
may become necessary and agree that City may initiate deletions, modifications or changes to the Services
by advising McCarthy Partners in writing of the change believed to be necessary. As soon thereafter as
practicable, McCarthy Partners shall prepare a cost estimate of the change and shall inform City of the
adjustment in the compensation due McCarthy Partners under Section 5 hereof ( "McCarthy Partners'
Compensation") and/or the Term set forth in Section 4 hereof, if any, applicable to such requested change.
City shall then advise McCarthy Partners in writing of its approval or disapproval of the change. If City
approves the change, a written contract amendment shall be executed by both parties and McCarthy
Partners shall perform the Services as changed and the adjustment in McCarthy Partners' Compensation
and/or the Term set forth in the executed contract amendment shall become effective. McCarthy Partners
may initiate changes in the Services by advising City in writing that in its opinion a change is necessary.
If City approves, it shall so advise McCarthy Partners and, thereafter, the change shall be handled as if
initiated by City. If a change is not approved, or if a written contract amendment is not executed, by both
City and McCarthy Partners, the change shall not become effective and McCarthy Partners shall not be
obligated to perform the change.
SECTION 3
CITY'S RESPONSIBILITIES
City shall do the following in a timely manner so as not to delay the performance of the Services
by McCarthy Partners:
Section 3.1 City Representative. Designate a person to act as City's representative with
respect to the Services to be rendered under this Agreement. Such person shall have complete authority
to transmit instructions, receive information, interpret, and define City's policies and decisions with
respect to McCarthy Partners' Services for the Project.
Section 3.2 Project Information. Provide all criteria, all available information pertinent to the
Project, and full information as to City's requirements for the Project. City agrees that McCarthy Partners
shall be entitled to rely upon the accuracy and completeness of all such information.
Section 3.3 Project Access. Arrange for access to and make all provisions for McCarthy
Partners to enter upon public and private property as required for McCarthy Partners to perform services
under this Agreement. All such access shall be provided without condition or restriction unacceptable to
McCarthy Partners nor shall McCarthy Partners be required to indemnify or insure any third party as a
condition to such access.
Section 3.4 City Participation. Examine all reports and other documents presented by
McCarthy Partners, obtain advice of an attorney, insurance counselor and other consultant as City deems
appropriate for such examination and render in writing decisions or instructions pertaining thereto within
a reasonable time so as not to delay the services of McCarthy Partners.
Professional Services Agreement (McCarthy Partners) Pagc 2
618032.1
Section 3.5 Notices. Give prompt written notice to McCarthy Partners whenever City observes
or otherwise becomes aware of any development that affects the scope or timing of McCarthy Partners'
Project Services, or any defect or non - conformance in the Project Services by McCarthy Partners (or its
independent professional associates or consultants) or in the work of any contractor or other party
performing or providing work or services in connection with the Project.
Section 3.6 Additional Services. When City deems it necessary or appropriate for Additional
Services to be performed in connection with any phase of the Project, City shall furnish or direct McCarthy
Partners to provide Additional Services as stipulated in Section 2 of this Agreement.
Section 3.7 Licenses, Permits, etc. Provide McCarthy Partners with any necessary
governmental permits and licenses required to be taken out in the name of City which are necessary for
the performance of the Services and, except where such permits, processes or licenses are by the terms of
Exhibit "A" the responsibility of McCarthy Partners, obtain any permits, processes and other licenses
which are required for the Project or the Services, if any.
Section 3.8 Other Duties. Perform any other duties, obligations or responsibilities of the City
set forth elsewhere in this Agreement, including, but not limited to, the obligation to make the payments
called for under Section 5 hereof.
SECTION 4
PERIODS OF SERVICE, TERM, FORCE MAJEURE
Section 4.1 Period of Service. The provisions of this Section 4 and the various rates of
compensation for McCarthy Partners' services provided for elsewhere in this Agreement have been agreed
to in anticipation of the orderly and continuous progress of the Project. McCarthy Partners' obligation to
render Project Services hereunder will extend for a period which may reasonably be required for the
Project including any Additional Services, extra or changed work and required extensions thereto.
Section 4.2 Term. McCarthy Partners agrees to complete the Project Services within 180 days
or less of the Effective Date (the "Term'). If the Term is exceeded, through no fault of McCarthy Partners
as solely determined by the City, all rates, measures and compensation provided herein shall be subject to
equitable adjustment. The Term (and McCarthy Partners' obligation to complete the Project Services by
such date) is subject to reasonable requests for extensions in writing to the City for the performance of
Additional Services, Constructive Changes or other extra work, or in response to a Force Majeure Event
as provided below.
Section 4.3 Timeliness of Performance. The City and McCarthy Partners are aware that many
factors outside McCarthy Partners' control may affect McCarthy Partners' ability to complete the services
to be provided under this Agreement. McCarthy Partners will perform these services with reasonable
diligence and expediency consistent with sound practices. In the event performance extends thirty (30)
days beyond the Term, City has the right to terminate this Agreement.
Section 4.4 Notice of Delay. If McCarthy Partners becomes aware of delays due to any cause
beyond the reasonable control of McCarthy Partners, which will result in the schedule for performance of
McCarthy Partners' services not being met, McCarthy Partners shall promptly notify the City. If the City
Professional Services Agreement (McCarthy Partners) Page 3
618032.1
becomes aware of any delays or other causes that will affect McCarthy Partners' schedule, the City shall
promptly notify McCarthy Partners. In either event, McCarthy Partners' schedule for performance of its
services shall be equitably adjusted.
Section 4.5 Force Majeure. For purposes hereof, a "Force Majeure Event" shall mean the
occurrence of a failure or delay due to circumstances beyond City's or McCarthy Partners' control
including, without limitation, lack of necessary access to property, acts of God, acts of a public enemy,
fires, floods, earthquakes, wars, civil disturbances, sabotage, accidents, insurrection, blockages,
embargoes, storms, explosions, catastrophes, epidemics, damage to the Project, lack of access to Project,
unavailable utilities and power, water, labor disputes, City's or McCarthy Partners' failure to timely
perform its obligations under this Agreement or other causes beyond City's or McCarthy Partners' control.
SECTION 5
MCCARTHY PARTNERS's COMPENSATION
Section 5.1 Compensation for Services and Expenses of MCCARTHY PARTNERS in
connection with Project Services
Section 5.1.1 For Project Services. As compensation for the performance of the Project
Services rendered by McCarthy Partners under Section 1, City shall pay McCarthy Partners, in accordance
with these provisions. Necessary project expenses such as mileage, courthouse research fees, postage and
other expenses necessary for McCarthy Partners to perform the services set forth by this agreement will
be passed through to the City. Mileage rates will be based off the pre- determined amount set forth by the
National Government.
As compensation for the performance of the above described Services, McCarthy Partners
will be reimbursed by City by payment of a note as follows.
Appraisal and Acquisition for Right of Way
MCCARTHY PARTNERS Fees: $26,400.00
Independent Appraisal Fees: 10 Reports @ $2,750.00 each $27,500.00
Total Fees for Services: $53,900.00
MCCARTHY PARTNERS
Acquisition for ROW (11 Parcels $2,400! areel
Initial Offer 40 %)
$960.00
Signed MOA or Final Offer Letter 30 %)
$720.00
Closing or Eminent Domain Package 30%
$720.00
TOTAL
$2,400.00/ parcel
Section 5.2 Other Provisions Concerning Payments.
Professional Services Agreement (McCarthy Partners) Page 4
618032.1
Section 5.2.1 Generally. The City will be billed per parcel every thirty (30) days by the
first (1") of the month. All parcel payments, title insurance and closing fees required by the title company
to be paid at closing by the City will be requested by McCarthy Partners and paid directly by the City to
the title company.
Section 5.2.2 Payments after Termination by City. In the event of termination by City
under paragraph 6.1 upon the completion of any phase of the Project Services, payments due McCarthy
Partners for all Services rendered and expenses incurred through the date of termination. In the event of
such termination by City during any phase of the Project Services, McCarthy Partners will be paid for
Services rendered and expenses incurred through the date of termination.
Section 5.2.3 Payments after Termination by MCCARTHY PARTNERS. In the
event of termination by McCarthy Partners under paragraph 6. 1, McCarthy Partners will be paid for all
Services rendered and expenses incurred through the date of termination.
Section 5.2.4 Records. If City desires to have copies of McCarthy Partners records,
copies will be made available to City upon City's request prior to final payment for McCarthy Partners'
services. McCarthy Partners shall be reimbursed the cost of any such copies by City.
SECTION 6
GENERAL CONSIDERATIONS
Section 6.1 Termination. The obligation to provide further services under this Agreement may
be terminated by either parry upon thirty (30) days written notice to the other party in the event of
substantial failure by the other party to perform in accordance with the terms hereof through no fault of
the terminating party.
Section 6.2 Standard of Practice, Warranties. Services performed by the McCarthy Partners
under this Agreement will be conducted in a manner consistent with the level of care, diligence and skill
ordinarily possessed and exercised by other like service providers currently practicing in the same locality
under similar conditions. Except as expressly set forth above, no other representations, expressed or
implied, and no warranty or guarantee, express or implied, is included in this Agreement, or with reference
to service provided hereunder.
Section 6.3 Insurance.
Section 6.3.1 MCCARTHY PARTNERS Insurance. McCarthy Partners shall maintain
throughout the term of this Agreement insurance in the following amounts and will furnish a copy of the
certification and all applicable endorsements naming the City as an additional insured:
(a) Worker's Compensation and Employer's Liability
Worker's Compensation Statutory
Professional Services Agreement (McCarthy Partners) Page 5
618032.1
Employer's Liability
$500,000 /$500,000 /$500,000
(b) Comprehensive Automobile Liability
$1,000,000 combined single limit Bodily Injury and Property Damage
(c) Comprehensive General Liability
$1,000,000 - per occurrence
$2,000,000 - annual aggregate
$2,000,000 - product/completed operations per occurrence
$1,000,000- personal injury/ advertising liability
(d) Umbrella/Excess Liability
$1,000,000 - per occurrence
$1,000,000 - annual aggregate
The insurance shall:
(a) Provide for at least thirty (30) days prior written notice to the City for cancellation,
non - renewal, or material change of the insurance;
(b) Provide for a waiver of subrogation against the City of Wylie, Texas for injuries
(including death), property damage or any other loss to the extent the same is covered
by the proceeds of insurance; and
(c) All insurance companies providing the required insurance shall be authorized to
transact business in Texas and rated at least "A" by AM Best or other equivalent rating
services.
Section 6.4 Liability and Indemnification. TO THE FULLEST EXTENT PERMITTED BY LAW,
MCCARTHY PARTNERS, ITS OFFICERS, DIRECTORS, PARTNERS, CONTRACTORS, EMPLOYEES,
REPRESENTATIVES, AGENTS, SUCCESSORS, ASSIGNEES, VENDORS, GRANTEES AND /OR TRUSTEES
(COLLECTIVELY REFERRED TO AS "MCCARTHY PARTNERS" FOR PURPOSES OF THIS SECTION), AGREE
TO RELEASE, DEFEND, INDEMNIFY AND HOLD HARMLESS THE CITY OF WYLIE, TEXAS AND ITS
DIRECTORS, OFFICERS, COUNCIL MEMBERS, REPRESENTATIVES, AGENTS AND EMPLOYEES
(COLLECTIVELY REFERRED TO AS "CITY" FOR PURPOSES OF THIS SECTION) FROM ANY AND ALL
CLAIMS, DEMANDS, DAMAGES, INJURIES (INCLUDING DEATH), LIABILITIES AND EXPENSES (INCLUDING
ATTORNEY'S FEES AND COSTS OF DEFENSE) ARISING DIRECTLY OR INDIRECTLY OUT OF THE
OPERATION OR PERFORMANCE OF MCCARTHY PARTNERS UNDER THIS AGREEMENT, THE CITY WILL
NOT ACCEPT LIABILITY FOR INJURIES THAT ARE THE RESULT OF NEGLIGENCE, MALFEASANCE, ACTION
OR OMISSION OF MCCARTHY PARTNERS. MCCARTHY PARTNERS AGREES TO ACCEPT LIABILITY FOR
INJURIES TO ITSELF OR OTHERS CAUSED BY ITS OWN NEGLIGENCE, MALFEASANCE, ACTION OR
OMISSION. THIS INDEMNIFICATION PROVISION IS ALSO SPECIFICALLY INTENDED TO APPLY TO, BUT
NOT LIMITED TO, ANY AND ALL CLAIMS, WHETHER CIVIL OR CRIMINAL, BROUGHT AGAINST THE CITY
BY ANY GOVERNMENTAL AUTHORITY OR AGENCY RELATED TO ANY PERSON PROVIDING SERVICES
UNDER THIS AGREEMENT THAT ARE BASED ON ANY FEDERAL IMMIGRATION LAW AND ANY AND ALL
Professional Services Agreement (McCarthy Partners) Page 6
618032.1
CLAIMS, DEMANDS, DAMAGES, ACTIONS AND CAUSES OF ACTION OF EVERY KIND AND NATURE, KNOWN
AND UNKNOWN, EXISTING OR CLAIMED TO EXIST, RELATING TO OR ARISING OUT OF ANY EMPLOYMENT
RELATIONSHIP BETWEEN MCCARTHY PARTNERS AND ITS EMPLOYEES OR SUBCONTRACTORS AS A
RESULT OF THAT SUBCONTRACTOR'S OR EMPLOYEES EMPLOYMENT AND /OR SEPARATION FROM
EMPLOYMENT WITH THE MCCARTHY PARTNERS, INCLUDING BUT NOT LIMITED TO ANY
DISCRIMINATION CLAIM BASED ON SEX, SEXUAL ORIENTATION OR PREFERENCE, RACE, RELIGION,
COLOR, NATIONAL ORIGIN, AGE OR DISABILITY UNDER FEDERAL, STATE OR LOCAL LAW, RULE OR
REGULATION, AND /OR ANY CLAIM FOR WRONGFUL TERMINATION, BACK PAY, FUTURE WAGE LOSS,
OVERTIME PAY, EMPLOYEE BENEFITS, INJURY SUBJECT TO RELIEF UNDER THE WORKERS'
COMPENSATION ACT OR WOULD BE SUBJECT TO RELIEF UNDER ANY POLICY FOR WORKERS'
COMPENSATION INSURANCE, AND ANY OTHER CLAIM, WHETHER IN TORT, CONTRACT OR OTHERWISE.
IN ITS SOLE DISCRETION, CITY SHALL HAVE THE RIGHT TO APPROVE OR SELECT DEFENSE COUNSEL TO
BE RETAINED BY MCCARTHY PARTNERS IN FULFILLING ITS OBLIGATION HEREUNDER TO DEFEND AND
INDEMNIFY CITY, UNLESS SUCH RIGHT IS EXPRESSLY WAIVED BY CITY IN WRITING. CITY RESERVES
THE RIGHT TO PROVIDE FOR A PORTION OR ALL OF ITS OWN DEFENSE; HOWEVER, CITY IS UNDER NO
OBLIGATION TO DO SO. ANY SUCH ACTION BY CITY IS NOT TO BE CONSIDERED AS A WAIVER OF
MCCARTHY PARTNERS'S OBLIGATION TO DEFEND CITY OR AS A WAIVER OF MCCARTHY PARTNERS'S
OBLIGATION TO INDEMNIFY CITY PURSUANT TO THIS AGREEMENT. MCCARTHY PARTNERS SHALL
RETAIN CITY- APPROVED DEFENSE COUNSEL WITHIN SEVEN (7) BUSINESS DAYS OF CITY'S WRITTEN
NOTICE THAT CITY IS INVOKING ITS RIGHT TO INDEMNIFICATION UNDER THIS AGREEMENT. IF
MCCARTHY PARTNERS FAILS TO RETAIN COUNSEL WITHIN SUCH TIME PERIOD, CITY SHALL HAVE THE
RIGHT TO RETAIN DEFENSE COUNSEL ON ITS OWN BEHALF, AND MCCARTHY PARTNERS SHALL BE
LIABLE FOR ALL COSTS INCURRED BY CITY.
THIS PARAGRAPH SHALL SURVIVE THE TERMINATION OF THIS AGREEMENT.
SECTION 7
SPECIAL PROVISIONS, EXHIBITS AND SCHEDULES
Section 7.1 Entire Agreement. This Agreement together with the Exhibits identified above
constitutes the entire agreement between City and McCarthy Partners and supersede all prior written or
oral understandings. This Agreement and said Exhibits may only be amended, supplemented, modified,
or canceled by a duly executed written instrument.
Nothing contained in this Agreement shall create a contractual relationship with or a cause of
action in favor of a third party against either the City or McCarthy Partners. McCarthy Partners' services
under this Agreement are being performed solely for the City's benefit, and no other party or entity shall
have any claim against
Section 7.2 Attorneys Fees. In the event that either party hereto employs an attorney to enforce
any provision of this Agreement or to collect damages for default or breach of this Agreement, or pursue
claims in litigation or arbitration, the prevailing party in any such action shall be entitled to recover from
the other such attorneys' fees and costs of collection as the prevailing party may expend or incur with
respect thereto. In the event that a settlement is reached between the parties before a final decision in any
such litigation or arbitration, then neither party shall be entitled to recover its attorney's fees or costs from
Professional Services Agreement (McCarthy Partners) Page 7
618032.1
the other and neither party shall be responsible for the other party's attorney's fees or costs, unless
otherwise agreed by the parties.
Section 7.3 Disputes. In the event a dispute arises between McCarthy Partners and City
regarding the application or interpretation of any provision of this Agreement, or quality of Services by
McCarthy Partners, the aggrieved party shall promptly notify the other party to this Agreement of the
dispute, but in no event more than twenty (20) days after such dispute arise, the parties agree that each
shall appoint a senior representative to engage in immediate good faith negotiations to resolve said dispute.
If the parties fail to resolve the dispute within twenty (20) days after receipt of such notice, then each party
shall have all remedies available to it in law and in equity. All disputes shall be governed by the laws of
the State of Texas and the jurisdiction and venue for litigation between the parties shall be solely and
exclusively in Collin County, Texas.
Section 7.4 Independent Contractor. McCarthy Partners shall be an independent contractor
with respect to the Services to be performed hereunder. Neither McCarthy Partners, nor its independent
professional associates, Consultants or subcontractors, nor the employees of any of the foregoing, shall be
deemed to be the servants, employees or agents of City.
Section 7.5 Representations and Remedies. McCarthy Partners makes no representations,
covenants, warranties or guarantees, express or implied, other than those expressly set forth herein.
Section 7.6 Assignment and Subcontractors. This Agreement shall not be assignable by
either party without the prior written consent of the other party hereto, except that it may be assigned
without such consent to the successor of either party, or to a person, firm or corporation acquiring all or
substantially all of the business assets of such party or to a wholly owned subsidiary of either party, but
such assignment shall not relieve the assigning party of any of its obligations under this Agreement. No
assignment of this Agreement shall be valid until this Agreement shall have been assumed by the assignee.
This Agreement shall be binding upon and shall inure to the benefit of the McCarthy Partners' and City's
respective successors and assigns. Nothing in this Section 7.6 shall prevent or be deemed to prevent
McCarthy Partners from employing, contracting with or engaging independent professional associates,
Consultants and other subcontractors to perform or assist in the performance of the Services.
Section 7.7 Notices. All notices or communications pertaining to this Agreement shall be in
writing and shall be sufficient when mailed or delivered to the address specified below:
If to CITY: City of Wylie
Attn: Chris Holsted, City Engineer
300 Country Club Drive
Wylie, Texas 75098
If to MCCARTHY PARTNERS:
Section 7.8 Interpretation.
Professional Services Agreement (McCarthy Partners) Page 8
618032.1
(a) This Agreement shall be governed by and interpreted in accordance with the laws of Texas.
(b) Headings and titles of sections, paragraphs and other subparts of this Agreement are for
convenience of reference only and shall not be considered in interpreting the text of this Agreement.
Modifications or amendments to this Agreement must be in writing and executed by duly authorized
representatives of each party.
(d) In the event that any portion or all of this Agreement is held to be void or unenforceable, the
parties agree to negotiate in good faith to reach an equitable agreement which shall affect the intent of the
parties as set forth in this Agreement.
Section 7.9 Sovereign Immunity. The parties hereto agree that the City has not waived its
sovereign immunity by entering into or performing its obligations under this Agreement.
IN WITNESS WHEREOF, the parties hereto have made and executed this Agreement as of the
day of , 2013.
City of Wylie
By:
Mindy Manson, City Manager
Professional Services Agreement (McCarthy Partners) Page 9
619032.1
Exhibit "A"
Project Services
Between City of Wylie, Texas and McCarthy Partners
Right of Way Acquisition Services for Country Club Road Improvement Project
Milestone #1
Research Landowner Contact Information
Order Title Commitments (Owner /Encumbrance /Easements)
Review Title Commitments
Order Appraisals
Review Appraisals
Prepare Certified Mail Initial Offer Package for City Attorney review prior to mailing
Initial Offer Package Includes:
Appraisal(s) and Acknowledgement of Receipt
Initial Offer Letter
Landowner's Bill of Rights and Acknowledgement of Receipt
Milestone #2
Contact Landowner up to a total of five (5) times
Present Counteroffer to City (if applicable)
Prepare Deed and MOA for Landowner Signature
Deliver signed Deed and MOA to Title Company for Closing or Prepare Final Offer Package for
City Attorney review prior to mailing
Prepare Certified Mail Final Offer Package for City Attorney review prior to mailing
Final Offer Package Includes:
Final Offer Letter
Landowner's Bill of Rights and Acknowledgement of Receipt
Milestone #3
Receive the title company updates regarding the completion of title curative for closing
Present the Policy and Signed Docs to the City or Eminent Domain Package to City Attorney for
Filing
Eminent Domain Package Includes:
Landowner Contact Information
Two (2) Copies of certified Appraisals
Two (2) Copies of Title Commitments
Two (2) Copies of Initial Offer Package, with certified mail receipts
Two (2) Copies of Final Offer Package, with certified mail receipts
Other items as determined necessary by the City Attorney which are in
McCarthy Partners possession
CERTIFICATE OF LIABILITY INSURANCE
DATE (
11/6/2013)
THIS CERTIFICATEIS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS
CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES
BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED
REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.
IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATIONIS WAIVED, subject to the
terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the
certificate holder in lieu of such endorsement(s).
PRODUCER
M J KILPATRICK INS AGENCY INC /PHS
506351 P: (866) 467 -8730 F: (877) 905 -0457
PO BOX 33015
SAN ANTONIO TX 78265
CONTACT
NAME,
WCC,N,E,ac (866) 467 -8730
uvc,No): (877) 905 -0457
EAl"ESS:
INSURERS) AFFORDING COVERAGE NAIC#
INSURERA: Sentinel Ins Co LTD
INSURED
MCCARTHY PARTNERS MELANIE MCCARTHY,
I N DV .
PO BOX 2980
ALBANY TX 76430
INSURER B: Trumbull Ins Co
11/29/2012
INSURERC
EACH OCCURRENCE
INSURER D:
=1 TO eENTE Dnce
INSURERE:
MED EXP (Anyone person)
INSURERF:
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:
THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD
INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS
CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE
TERMS,EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
TYPE OF INSURANCE
ADDL
SURR
POLICYA'UMBER
FOLICYEFF
POLICYEXP
LIMITS
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COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE � OCCUR
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$10,000
PERSONAL & AOV INJURY
•1, 000, 000
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s2,000,00C
GEN'L AGGREGATE LIMIT APPLIES PER:
MPOLICYf PRO X LOC
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PRODUCTS - COMPIOP AGG
s2,000,000
A
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ANY AUTO
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AUTOS AUTOS
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AUTOS
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11/29/2013
COMBINED SINGLE LIMIT
(Ea accident)
$1,000,000
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
$
PROPERTY DAMAGE
(Per accident)
A
X
UMBRELLA LIAB
EXCESS LIAB
X
OCCUR
CLAIMS-MADE
46 SBM BM7894
11/29/2012
11129 12013
EACH OCCURRENCE
- 5, 0 0 0, 0 0 0
AGGREGATE
$5,000,000
DE X RETENTION $ 10,00r,
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ANDEMPLOYBRS'LL4AIUTY
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DESCRIPTION OF OPERATIONS below
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46 WRC AD8230
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11/29/2013
X I TORY WCSTA U- OTH
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E.L. EACH ACCIDENT
$1,000,000
E.L. DISEASE- EA EMPLOYEE
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E.L. DISEASE - POLICY ..IT
1'1,000,000_
DESCRIPTION OF OPERATIONS /LOCATIONS / VEHICLES (MAX Line Length Is 78; Attach ACORD 101, Additional Remarks Schedule, d more space is required)
Those usual to the Insured's Operations. 30 Day Notice of Cancellation is
included per form SS1224 & WC420601 attached to the policy.
CFRTIFIrATF 14n1 nFR CANCELLATION
019BB -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
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SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED
City of Wylie
Y Y
BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE
LIVER IN ACCORDANCE WITH THE POLICY PROM ON
AUTHORIZEDRFPRESENTATIVE
Attn : Chris Holsted, City Engineer
300 COUNTRY CLUB DR
WYLIE, TX 75098
/
019BB -2010 ACORD CORPORATION. All rights reserved.
ACORD 25 (2010/05) The ACORD name and logo are registered marks of ACORD
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