R2017-190 2017-09-11 RESOLUTION NO. R2017-190
A Resolution of the City Council of the City of Pearland,Texas, authorizing the
City Manager or his designee to enter into a contract with C. L. Davis &
Company for surveying services associated with the annexation of areas A, C,
I, L and P, in the amount of$125,720.00.
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 C. L. Davis&
Company, 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 the City Manager or his designee is hereby authorized to execute and
the City Secretary to attest a contract with C. L. Davis&Company,for surveying services associated
with the annexation of areas A. C, I, L and P.
PASSED, APPROVED and ADOPTED this the 11'' day of September, A.D.. 2017.
CI . 49
TOM REID
MAYOR
ATTEST:
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I Y SECRETARY (((���
APPROVED AS TO FORM:
DA RIN M. COKER
CITY ATTORNEY
I
Resolution No. R2017-190
Exhibit "A"
CONTRACT FOR PROFESSIONAL SERVICES
THIS CONTRACT is entered into upon final execution by and between the City of Pearland
("CITY") and C.L. Davis & Company ("CONSULTANT"), based on a qualifications assessment
conducted by the CITY that has resulted in the selection of the CONSULTANT.
The CITY engages the CONSULTANT to perform URGENT professional services for a project
known and described as Annexation Area Land Surveying Services ("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 Annexation Area Land Surveying Services for
the CITY, in accordance with Texas Administrative Code, Chapter 22, Section
663.21. All services of the CONSULTANT shall be provided under the
jurisdiction of the Texas Board of Land Surveying. See Exhibit A, attached, for a
detailed SCOPE OF WORK(Proposal No. 2017-003 (R2) as attached).
B. 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.
C. The CONSULTANT recognizes that all work product generated by the
CONSULTANT under the CONTRACT shall be delivered to the CITY as agreed
per specifications, and shall become subject to the Open Records Laws of this
State.
D. The CONSULTANT shall procure and maintain for the duration of this
CONTRACT, 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
CONTRACT, 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.
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(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.
Prior to commencing services under this CONTRACT, CONSULTANT shall
furnish CITY with Certificates of Insurance, issued by CONSULTANT'S
insurer(s), as evidence that policies required by this CONTACT are in full force
and effect.
E. 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, but only to the extent they are found
to be caused by the negligent act or omission of the CONSULTANT, his officers,
employees, agents, or subcontractors under this CONTRACT.
F. 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 II-PERIOD OF SERVICE and TIMELINESS OF PERFORMANCE
This CONTRACT requires the CONSULTANT to perform URGENT DUTIES in an
EXPEDITED MANNER that will involve the total scope of work described in the attached
proposal for JOB REFERENCE "C.L. Davis Job No. 11-421-141." The performance timeline
below describes the specific deadlines the CONSULTANT must meet in performing tasks within
the scope of work, associated with duties in "C.L. Davis Job No. 11-421-141." These must be
completed in full and satisfactory manner or payment to the CONSULTANT shall be null and
void.
ANNEXATION AREA A*
1. Data Collection September 15, 2017
2. Annexation Mapping September 22, 2017
3. Legal Descriptions . September 22, 2017
4. Agricultural Property Identification September 22, 2017
ANNEXATION AREA C**
1. Data Collection XXX<XXX, YY,ZZZZ
2. Annexation Mapping . XXXXXX, YY,ZZZZ
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3. Legal Descriptions . XXXXXX, YY,ZZZZ
/1. Agricultural Property Identification XXXXXX, YY,ZZZZ
ANNEXATION AREA I
1. Data Collection . October 20, 2017
2. Annexation Mapping . October 27, 2017
3. Legal Descriptions . October 27, 2017
4. Agricultural Property Identification ..October 2, 2017
ANNEXATION AREA L
1. Data Collection October 20, 2017
2. Annexation Mapping . October 27, 2017
3. Legal Descriptions . October 27, 2017
4. Agricultural Property Identification October 2, 2017
ANNEXATION AREA P
1. Data Collection . October 20, 2017
2. Annexation Mapping . October 27, 2017
3. Legal Descriptions . October 27, 2017
4. Agricultural Property Identification October 2, 2017
Within each of the aforementioned major tasks and timelines, the CONSULTANT agrees there
are the following responsibilities that the CONSULTANT is entirely responsible for:
• Preparation of any and all current ownership tables which will include owner
information, addresses, taxing status,perimeter vesting deeds and perimeter subject deeds
of the affected properties/parcels;
• Preparation of the Preliminary Annexation Maps; and
• Review of annexation boundaries, via maps and ownership tables, with City Staff
Substantial Completion: THE CONTRACTOR SHALL BE REQUIRED TO PROVIDE THE
CITY WITH A FINAL, CERTIFIED LAND SURVEY OF ALL AFOREMENTIONED
ANNEXATION AREAS NO LATER THAN 5:00PM ON OCTOBER 31,2017.
This CONTRACT will be binding upon execution and shall end on November 30, 2017. The
CITY shall have provided a written Notice to Proceed via email to Chuck Davis
cldavis@cldaviscompany.com following the CITY's governing body consideration and approval
by Council resolution(Exhibit B—R2017-190).
*Area A is at "substantial completion" and is currently awaiting delivery of the final work
product from a previous version of an agreement in this regard, yet the portion of remaining
scope of work is considered herein as proposed
**Area C has been completed prior to this agreement, but the CONSULTANT remains
responsible for any and all certifications and/or final survey documents and requirements for
this portion of the scope of work, as it has not been fully received by the CITY.
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SECTION III - CONSULTANT'S COMPENSATION
A. The method of payment for this CONTRACT is upon completion of the total
scope of work and based on the requirements set forth in SECTION II—PERIOD
OF SERVICE AND TIMELINESS OF PERFORMANCE, between the
CONSULTANT and the CITY. Total compensation for the services performed
shall not exceed$125,720.
B. The CITY shall pay the CONSULTANT in one lump sum at the completion of
the full scope of work, based on a detailed invoice to be submitted by the
CONSULTANT.
C. The CITY shall make payment to the CONSULTANT within thirty (30) days
after receipt and approval of a detailed invoice.
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.
B. The CITY shall review submittals by the CONSULTANT and provide responses
to questions and rendering of decisions pertaining thereto within one business
day, 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
CONSULTANT'S 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 failure of
CONSULTANT to provide required deliverables by stated times, or by failure of
CONSULTANT to comply with all applicable specifications -- by delivering
written notice to CONSULTANT. Immediately after receiving such written
notice, the CONSULTANT shall discontinue providing the services under this
CONTRACT.
B. If either party terminates this CONTRACT for cause and/or if either party
breaches any provision of this CONTRACT, then the other party shall have all
rights and remedies in law and/or equity. 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
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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.
D. Additionally, the City reserves the right to terminate the contract without cause
upon written notice fifteen(15) days prior to the date of termination. Such
termination is in addition to and not in lieu of any other remedies that City of
Pearland may have by law or equity. CONSULTANT, agrees that City of
Pearland shall not be liable to prosecution for damages in the event that the City
declares the CONSULTANT in default.
SECTION VI—ENTIRE CONTRACT
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 they have 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 they have 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.
SECTION VIII- SUCCESSORS AND ASSIGNS
This CONTRACT shall not be assignable except upon the written consent of the parties hereto.
The parties ave execut d this CONTRACT this //" day of September, 2017.
C —Clay e son, City Manager
CONSULTANT—C.L. Davis & Company Associates, Inc.
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RESOLUTION NO. R2017-190
Exhibit "A"
Cbil
C. L. DAVIS & COMPANY
LAND SURVEYING
1500 Winding Way
Friendswood,Texas 77546
281.482.9490
FAX 281.482.1294
cldavis( icldaviscompanv.com
January 16,2017
REVISED: July 17,2017
REVISED: September 5,2017
City of Pearland
Community Development
Mr.Joel Hardy
Interim Management Assistant Administration
3519 Liberty Drive
Pearland,TX 77581
Re: City of Pearland 2017 Annexations—(Additional Services No. 1)
AREA A: (Northwest corner of CR 59 and Kingsley Drive)and(Southwest corner of CR 59
and Kingsley Drive)
AREA I: (Southwest corner of Beltway 8 and F.M.521 (Harris County)
AREA L: (Southeast corner of Highway 35 and Dixie Farm Road)
AREA P: (Southwest corner of Magnolia Road and F.M.1128)
Reference: C.L.Davis Job No.11-421-141
Proposal No.2017-003 (R2)
Dear Mr.Hardy:
Our proposal for land surveying services for the above referenced project shall meet the requirements of 22 TAC 663.21
and shall be solely for the purpose of reconfiguring the boundary of the political boundary, specifically the City of
Pearland and will not be based upon an On-the-Ground Survey.
AREA A: Extend south boundary line to the north line of Mud 22 and Lindale Subdivision
Southwest corner of CR 59 and Kingsley Drive
(This added an additional 40 tracts to the original area)
Task 1-Data Collection
1. Prepare a table showing current ownership
information,addresses and taxing status and obtain copies of the following:
A. Perimeter Vesting Deeds and Subject Deeds
B. Current ownership information(Name and mailing address of perimeter boundary
Annexation tracts)
C. The taxing status of each tract within the delineated area in order to determine which,if any,
of the tracts have an agricultural exemption
Subtotal $2,100.00
2017-003(R2)C of P 2016 Annexations#11-421-161(A-S No.1) 1
Proposal No.2017-003 (R2)
Page 2
Task 2—Obtain Additional Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—8 hours x 225 $1,800.00
R.P.L.S.— 24 hours x 150 $3,600.00
CAD —6 hours x 110 $660.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —8 hours x 80 $640.00
Subtotal $6,700.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine fmal annexation boundaries(Fee based on(3)Review cycles)
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 0 hours x 150 $0.00
CAD —0 hours x 110 $0.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —0 hours x 80 $0.00
Subtotal $2,250.00
Task 3—Preparation of final legal description,Annexation Map and Ownership Table
(Fee based on Ownership Table Revised(3)Times)
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 4 hours x 150 $600.00
CAD —10 hours x 110 $1,100.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —6 hours x 80 $480.00
Subtotal $4,430.00
AREA A-Total $15,480.00
AREA I: Southwest corner of Beltway 8 and F.M.521(Harris County)(See attached Exhibit)
Task 1-Data Collection
1. Prepare a table showing current ownership
information,addresses and taxing status and obtain copies of the following:
A. Perimeter Vesting Deeds and Subject Deeds
B. Current ownership information(Name and mailing address of perimeter boundary
Annexation tracts)
C. The taxing status of each tract within the delineated area in order to determine which,if any,
of the tracts have an agricultural exemption
Subtotal $2,800.00
2017-003(R2)C of P 2016 Annexations#11-421-161(A-S No.1) 2
Proposal No.2017-003 (R2).
Page 3
Task 2—Obtain Additional Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—20 hours x 225 $4,500.00
R.P.L.S— 60 hours x 150 $9,000.00
CAD —80 hours x 110 $8,800.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —8 hours x 80 $640.00
Subtotal S22,940.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 0 hours x 150 $0.00
CAD —0 hours x 110 $0.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —0 hours x 80 $0.00
Subtotal $2,250.00
Task 3—Preparation of final legal description,Annexation Map and Ownership Table
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 20 hours x 150 $3,000.00
CAD —20 hours x 110 $2,200.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —10 hours x 80 $800.00
Subtotal $8,250.0
AREA I -Total $36,240.00
AREA L: Southeast corner of Highway 35 and Dixie Farm Road(See attached Exhibit)
Task 1-Data Collection
1. Prepare a table showing current ownership
information,addresses and taxing status and obtain copies of the following:
A. Perimeter Vesting Deeds and Subject Deeds
B. Current ownership information(Name and mailing address of perimeter boundary
Annexation tracts)
C. The taxing status of each tract within the delineated area in order to determine which,if any,
of the tracts have an agricultural exemption
Subtotal $3,200.00
2017-003(R2)C ofP 2016 Annexations#11-421-161(A-S No.1) 3
Proposal No.2017-003 (R2)
Page 4
Task 2—Obtain Additional Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—20 hours x 225 $4,500.00
R.P.L.S.— 60 hours x 150 $9,000.00
CAD —80 hoursx 110 $8,800.00
Three-mean field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —10 hours x 80 $800.00
Subtotal $23,100.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries(Fee based on(3)Review cycles)
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 0 hours x 150 $0.00
CAD —0 hours x110 $0.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —0 hours x 80 $0.00
Subtotal $2,250.00
Task 3—Preparation of final legal description,Annexation Map and Ownership Table
(Fee based on Ownership Table Revised(3)Times)
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 20 hoursx 150 $3,000.00
CAD —20 hoursx 110 $2,200.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —10 hours x 80 $800.00
Subtotal $8,250.00
AREA L -Total $36,800.00
AREA P: Southwest corner of Magnolia Road and F.M.1128(See attached Exhibit)
Task 1-Data Collection
1. Prepare a table showing current ownership
information,addresses and taxing status and obtain copies of the following:
A. Perimeter Vesting Deeds and Subject Deeds
B. Current ownership information(Name and mailing address of perimeter boundary
Annexation tracts)
C. The taxing status of each tract within the delineated area in order to determine which,if any,
of the tracts have an agricultural exemption
Subtotal $2,800.00
2017-003(R2)C ofP 2016 Annexations#11-421-161(A-S No.I) 4
Proposal No.2017-003(R2)
Page 5
Task 2—Obtain Additional Data Collected and prepare Preliminary Annexation Map
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—20 hours x 225 $4,500.00
R.P.L.S.— 60 hours x 150 $9,000.00
CAD —80 hours x 110 $8,800.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —20 hours x 80 $1,600.00
Subtotal $23,900.00
2. Review with City Staff annexation boundaries utilizing Preliminary Annexation Map and
Ownership Table to determine final annexation boundaries
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 0 hours x 150 $0.00
CAD —0 hours x 110 $0.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —0 hours x 80 $0.00
Subtotal $2,250.00
Task 3—Preparation of final legal description,Annexation Map and Ownership Table
1. Preparation of Preliminary Annexation Map
Fee based on the following levels of efforts:
Principal—10 hours x 225 $2,250.00
R.P.L.S.— 20 hours x 150 $3,000.00
CAD —20 hours x 110 $2,200.00
Three-man field crew—0 hours x 185. $0.00
Data Collector —0 hours x 40 $0.00
Clerical —10 hours x 80 $800.00
Subtotal $8,250.00
AREA P -Total $37,200.00
Total Amount of Proposal $125,720.00
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 $225.00
• Registered Professional Land Surveyor(RPLS) $150.00
• Technical/CAD $110.00
• Three-man field crew $185.00
• Data Collector $40.00
• Clerical $80.00
2017-003(R2)C of P 2016 Annexations#11-421-161(A-S No. 1) 5
Proposal No.2017-003 (R2)
Page 6
All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400;
Austin, Texas 78752; phone number: 512-452-9427. 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,
C.L.Davis,R.P.L.S.
2017-003(R2)C of P 2016 Annexations#11-421-161(A-S No.I) 6