R2004-127 08-09-04 RESOLUTION NO. R2004-127
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 CONTRACT LAND STAFF, INC. FOR
RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE
KIRBY DRIVE EXTENSION PROJECT.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS:
Section 1. That certain contract by and between the City of Pearland and
Contract Land Staff, Inc., Inc. a copy of which is attached hereto as Exhibit "A" and made a
part hereof for all purposes, is hereby authorized and approved.
Section 2. That the City Manager or his designee is hereby authorized to execute
and the City Secretary to attest a contract with Contract Land Staff, Inc. for right-of-way
services associated with the Kirby Drive Extension Project.
PASSED, APPROVED and ADOPTED this the 9th
A.D., 2004.
ATTEST:
/v'(~U N~F-~~C
~TY SECRETARY
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
dayof August
TOM REID
MAYOR
CITY OF PEARLAND
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
Exhibit "A"
Resolution No. R2004-127
This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Contract Land Staff, Inc. (hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced documents
shall be a part of this Contract:
Description of Project: Provide ROW services for the Kirby Drive Project.
Consultant/Subconsultant(s) Fee Basis of Compensation
Contract Land Staff, Inc. $45,000.00 Lump Sum
Maximum Contract Amount $45,000.00 Lump Sum
*All financial obligations created by this agreement are between the City and
Consultant, and shall not be construed to be between City and any subconsultant.
Delivery of plans, specifications and estimates: Sixty (60) days after services
rendered.
Attachments: Scope of Services - Exhibit A
2. Services and Payment.
A. Consultant will furnish services to the City in accordance with the terms and
conditions specified in this Contract. Payment for the services of Consultant shall be
due and payable upon submission and approval of a statement for services to City.
Statements for services shall not be submitted more frequently than monthly.
After consultation with the City, the Consultant shall specify the basis of
compensation in the scope of work for the project. The Consultant shall provide
adequate detail of the basis of compensation so that the City can determine the
reasonableness of the fees and have the ability to make reasonable progress payments
to the Consultant based upon work completed at the payment intervals. The Consultant
shall subcontract for all subconsultants, subject to City approval, necessary to complete
the scope of work. The subconsultant's fees and administrative mark-up, if any, shall
be included in the scope of work. Unless otherwise agreed upon, the method of
compensation shall be one of the following methods:
1. Salary Cost Times Multiplier Plus Direct Nonsalary Expense ("Salary")
Compensation shall be based on 1) the direct salaries (including benefits)
of the Consultant's employees whose time is directly chargeable to the
project; 2) an agreed upon multiplier to compensate the Consultant for
overhead and profit; and 3) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. The Consultant shall provide a proposal that includes the
total fees for the project, which shall not be exceeded without prior City
approval.
2. Per Diem ("Per Diem")
Compensation shall be based upon 1) an agreed upon lump sum per day
for specific services; and 2) reimbursement for direct nonsalary
expenditures and subconsultant contracts as defined in the scope of work
for the project. This method is best suited to expert witness work or other
short-term engagements involving intermittent services.
3. Cost Plus Fixed Fee ("Cost Plus")
Compensation shall be based upon 1) reimbursement of the actual costs
of all services and supplies related to the project and 2) an agreed upon
fixed fee (profit). The Consultant shall provide an estimate of the costs to
be reimbursed, but actual compensation shall be based upon invoices and
supporting documentation provided by the Consultant.
4. Lump Sum ("Lump")
Compensation shall be based upon an agreed lump sum payment for
completing the entire scope of work. This method is best suited to
investigations or Studies and for basic services with limited scope and
complexity.
If City fails to make any payment due Consultant for services and expenses within
thirty (30) days after receipt and approval of Consultant's statement for services
therefore, the amounts due Consultant will be increased at the rate of one half percent
(1/2%) per month from said thirtieth (30th) day, and, in addition, Consultant may, after
giving seven (7) days' written notice to City, suspend services under this Contract until
Consultant has been paid in full, all amounts due for services, expenses, and charges.
B. All the Consultant's working drawings, plans, and specifications, if required
under this Contract, shall be sufficiently accurate, detailed, and complete so that
competitive bids for the work can be obtained and the improvements constructed.
C. Approval of the Consultant's work by the City shall not release the Consultant,
its employees, agents, or consultants, from the responsibility and liability for the
accuracy and competency of their designs, working drawings, and specifications, or
other documents and services.
D. Subject to Article 8 herein or as otherwise agreed, the Consultant shall promptly
correct errors in the Consultant's work, including errors discovered after final payment,
without receiving additional compensation.
E. Prior to execution of this agreement, the Consultant shall have prepared a
project schedule identified as an attachment to this agreement. The Project Schedule
shall be submitted in digital and paper form, in the Microsoft Project for Windows format.
The Project Schedule shall contain a complete schedule so that the Consultant's scope
of services under this contract can be accomplished within the specified time and
contract cost. The Project Schedule will provide specific work sequence and definite
review times by the City and the Consultant of the work performed. If the review time
should take longer than shown on the project schedule, through no fault of the
Consultant, additional contract time may be authorized by the City through a
supplemental agreement, if requested by a timely written request from the Consultant
and approved by the City.
3. Term and Termination. This Contract term will begin upon execution and end sixty
days after issuance of the certification of completion of construction by the Consultant.
The City may terminate this Contract at any time during its term by giving written nOtice
to Consultant. The City shall pay the Consultant for all services rendered to the date of
termination.
4. Modifications. City without invalidating the Contract, may order changes within the
general scope of the work required by the Contract by altering, adding to and/or
deducting from the work to be performed. If any change under this clause causes an
increase or decrease in Consultant's cost of, or the time required for, the performance
of any part of the Services under the Contract, an equitable adjustment will be made by
mutual agreement and the Contract modified in writing accordingly.
5. Subcontracts. If, for any reason, at any time during the progress of providing
services, City determines that any subcontractor for Consultant is incompetent or
undesirable, City will' notify Consultant accordingly and Consultant shall take immediate
corrective action, which may include cancellation of such subcontract. Subletting by
subcontractors shall be subject to the same regulations. Nothing contained in the
Contract shall create any contractual relation between any subcontractor and City.
6. Ownership of Documents. All drawings, report data, and other project information
developed in the execution of the services provided under this Contract shall be the
property of the City upon payment of Consultant's fees for services. Consultant may
retain copies for record purposes. Owner agrees such documents are not intended or
represented to be suitable for reuse by City or others. Any reuse by City or by those
who obtained said documents from City without written verification or adaptation by
Consultant will be at City's sole risk and without liability or legal exposure to Consultant,
or to Consultant's independent associates or consultants, and City shall indemnify and
hold harmless Consultant and Consultant's independent associates from all claims,
damages, losses, and expenses including attorneys' fees arising out of or resulting
therefrom. Any such verification or adaptation will entitle Consultant to further
reasonable compensation. Consultant may reuse all drawings, report data, and other
project information in the execution of the services provided under this Contract in
Consultant's other activities. Any reuse by Consultant will be at Consultant's sole risk
and without liability or legal exposure to City, and Consultant shall indemnify and hold
harmless City from all claims, damages, losses, and expenses including attorneys' fees
arising out of or resulting therefrom.
7. Insurance.
A. The Consultant shall procure and maintain for the duration of this Agreement,
insurance against claims for injuries to persons, damages to property, or any errors and
omissions relating to the performance of any work by the Consultant, its agents,
employees or subcontractors under this Agreement, as follows:
(1) Workers' Compensation as required by law.
(2) Professional Liability Insurance in an amount not less than $1,000,000 in
the aggregate.
(3)
Comprehensive General Liability and Property Damage Insurance with
minimum limits of $1,000,000 for injury or death of any one person,
$1,000,000 for each occurrence, and $1,000,000 for each occurrence of
damage to or destruction of property.
(4)
Comprehensive Automobile and Truck Liability Insurance covering owned,
hired', and non-owned vehicles, with minimum limits of $1,000,000 for
injury or death of any one person, $1,000,000 for each occurrence, and
$1,000,000 for property damage.
B. The Consultant shall include the City as an additional insured under the
policies, with the exception of the Professional Liability Insurance and Workers'
Compensation. Certificates of Insurance and endorsements shall be furnished to the
City before work commences. Each insurance policy shall be endorsed to state that
coverage shall not be suspended, voided, canceled, reduced in coverage or in limits
except after thirty (30) days prior written notice by certified mail, return receipt
requested, has been given to the City. Upon request, certified copies of all insurance
policies shall be furnished to the City.
8. Indemnity. 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.
9. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
10. Law Governinq and Venue. This Contract shall be governed by the law of the State
of Texas and no lawsuit shall be prosecuted on this Contract except in a court of
competent jurisdiction located in Brazoria County, Texas.
11. Entire Contract. This Contract represents the entire Contract 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. Purchase orders issued under this Agreement shall contain a
statement nullifying additional terms and conditions on the reverse side of the purchase
order and referencing this Agreement.
12. Conflicts in Contract Documents. The above provisions shall govern over any
conflicting provision contained in any referenced contract document specified above.
'13. Dispute Resolution Procedures. The Consultant and City desire an expeditious
means to resolve any disputes that may arise between them regarding this Contract. To
accomplish this, the parties agree to mediation as follows: If a dispute arises out of or
relates to this Contract, or the breach thereof, and if the dispute cannot be settled
through negotiation, then the parties agree first to try in good faith, and before bringing
any legal action, to settle the dispute by mediation of a third party who will be selected
by agreement of the parties.
EXECUTED and EFFECTIVE as of the 9th day of Ag(JUSt ,2004
By:
Printed Name: Bill Eisen
Title: City Manager
Printed Nar~e: /' ~l'¢v~" L~ {Z'rt,d;c~
Title: C~_---d)
STATE OF TEXAS
COUNTY OF ~)/,¢-
..~ BEFORE ME, the undersigned Notary Public, on this day personally appeared
0'// ~',-~,,-~ . known to me to be the person whose name is subscribed to the
foregoing instrument and acknowledged to me that he/she executed the same for the purposes
and consideration therein expressed.
.~,GIVEN UNDER MY HAND AND
~,~Y- , A.D.. 20 o ¥
Notary Public, State of Texa~
SEAL OF OFFICE THIS /O DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~-'~- ,"/4- ~, Z~ 4/,'~,~
My Commission Expires:/~/o,,// .2, 2¢¢..¢
STATE OF TEXAS
COUNTY OF ~'--~-.
BEFORE ME. the, undersigned Notary Public, on this day personally appeared
~ r~ ~.F [..~4-tul d,_ , known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he/she executed the same for the
purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL
/~¢,~- , A.D., 20 O~
OF OFFICE THIS ~Y
NOTARY IbUBL'I~3 IN AND FOR THE
STATE OF TEXAS
Printed Name: ~;t'~.~
My Commission Expires:
OF
Exhibt "A"
Kirby Drive
Right of Way Acquisition
SCOPE OF SERVICES
Contract Land Staff, Inc. (CONSULTANT) will perform Right of Way Acquisition, Title
Curative, and Closing for the City of Pearland (CITY) as necessary for the Kirby Drive Right of
Way Project. These services are expected to include, but not necessarily limited to, the
following activities for twenty-four (24) parcels.
Phase I~ Project Planning and Administration
Meet with the Right-of-Way/Engineering Project Manager to review land acquisition
service requirements for the project. The Project Manager will provide land descriptions
(including parcel plats and field notes), available information about the project, complete
title research, with ownership and lien information, reviewed and approved appraisals; a
copy of the CITY's approved Resolution Determining Need, and any other applicable
information. The CITY's process and policies for land acquisition services will be
discussed along with specific parameters for the negotiation with the property owner(s).
Prepare and maintain project status information including status of land acquisition and
closing. Status reports, in a mutually agreeable form, will be distributed by request from
the CITY.
Phase II, Land Acquisition
Prepare a Negotiation Packet, including: (1) Letter to each property owner explaining the acquisition process;
(2) Statement of Determination of Compensation for the parcel, and;
(3) Offer to Buy Real Property agreement for the parcel.
Make a written offer to the property owner, which will include the amount of the
determination of compensation, a description of the location of the real property to be
acquired, the appraisal and receipt for the appraisal (if applicable), and plats and field notes.
The agent will make a sufficient number of contacts with the owner in an effort to purchase
the property. Property owner inquiries will receive a response in a timely manner.
Maintain complete agent contact reports on the parcel assigned, and document any contacts
made with the property owner throughout the negotiation process.
Upon acceptance of the offer by the property owner, at the CITY's request, a deed (meeting
the requirements of the CITY) will be prepared and the property owner's signature(s)
obtained.
City of Pearland - Kirby Drive Page 1 of 5
· If the owner will not accept the offer as initially made, advise him of the Administrative
Settlement process. Upon receipt of an administrative settlement offer from the property
owner, transmit the counter offer to the CITY, including supporting documentation,
according to the policies established for the project.
· Prepare documentation to submit the acquisition for eminent domain proceedings in the
event that negotiations with the property owner fail.
Phase III, Title CompanF Closing
· Title services, title insurance commitments, policies, closing and escrow services, and
updated title commitments will be provided by a Title Company selected by the CITY.
Agents will obtain all documents to transfer clear title to the client.
Prepare TREC promulgated Unimproved Property Contract, if required by the Title
Company
· Attend closings and provide closing services to support the Title Insurance Company.
· Furnish recording information and copies of recorded documents to the CITY.
Phase IV, Title Curative and Title Research
· Title Curative and Research as requested by the CITY on an hourly rate.
Phase V, Condemnation Support
· Assist the CITY's Attorney as requested on an hourly rate.
Phase VI~ Utility Relocation
· Coordinate Utility Relocation as requested on an hourly rate.
Phase VII~ Relocation Assistance
· Provide Relocation Assistance under the Uniform Act as requested on an hourly rate.
· Negotiate based on a written offer, which is not less than the approved fair market
value
· Relocation assistance payments and moving expense
· Relocation advisory assistance
City of Pearland - Kirby Drive Page 2 of 5
CONSULTANT FEES
CONSULTANT shall be paid at a flat rate of $1,875.00 per parcel, which will be invoices on a
mile stone basis.
CITY will also reimburse the CONSULTANT for actual, project-related expenses at the rates set
forth below.
CONSULTANT shall submit invoices for services provided under this scope of services on a
milestone basis to CITY, accompanied by an explanation of charges, professional fees, services,
and expenses and payment shall be due within thirty (30) days of receipt of invoice.
The maximum fee to be paid to CONSULTANT under this scope of services shall be $1,875.00
for any individual parcel. In the event that all services anticipated under this scope of services
for a parcel cannot be finalized for that amount, permission to exceed the $1,875.00 maximum
per parcel shall be requested by CONSULTANT of CITY. If permission to proceed past the
$1,875.00 benchmark is denied by CITY, CONSULTANT shall immediately turn over the
subject parcel file to CITY and CONSULTANT shall have no further obligation to provide the
services listed in the "Scope of Services" for the subject parcel. A final invoice for the services
provided will be submitted by CONSULTANT to CITY and said invoice shall be paid as per the
procedures for payment outline herein.
Milestone Billing for the Parcel
1. Initial offer made to the landowner
2. Offer accepted by the landowner
3. Upon Execution of the Deed
4. Closed file submitted to the CITY
$468.75
$468.75
$468.75
$468.75
$1,875.00
In the event of Condemnation, the balance of the $1,875.00 will be invoiced at the time the file is
turned over to the CITY
Total Contract Amount
$45,000,00 I
City of Pearland - Kirby Drive Page 3 of 5
CONSULTANT HOURLY FEES
TITLE
HOURLY FEES
Legal Support ................................................................................................................... $75.00 / hr
Project Manager ............................................................................................................... $75.00 / hr
Acquisition Specialist ...................................................................................................... $75.00 / hr
Relocation Specialist ........................................................................................................ $75.00 / hr
Title Coordinator / Reviewer ........................................................................................... $75.00 / hr
Senior Right of Way Agent .............................................................................................. $75.00 / hr
Senior Title Examiner ...................................................................................................... $75.00 / hr
Documents Specialist ....................................................................................................... $65.00 / hr
ALL TIME SPENT ON TASKS DELINEATED PHASE IV, V, VI, OR VII WILL BE
BILLED TO CITY AND PAID TO CONSULTANT AT THE HOURLY RATES AS
DETAILED UNDER "CONSULTANT FEES". EXPENSES SHALL BE REIMBURSED
AS DETAILED UNDER "PROJECT RELATED EXPENSES".
City of Pearland - Kirby Drive Page 4 of 5
PROJECT RELATED EXPENSES
AUTOMOBILE EXPENSES
Automobile expenses for miles driven on the Project in conjunction with services billed hourly
shall be reimbursed to CONSULTANT at the rate of $.375, or applicable IRS allowable rate per
mile. Mileage charges shall be the lesser of: distance from CONSULTANT'S office to worksite
and return or distance from employee's home to worksite and return to home or office.
TRAVEL EXPENSES (If authorized in writing by CITY)
CITY will reimburse CONSULTANT for lodging, meals and incidental expenses (Per Diem
Expenses) when CONSULTANT's personnel are required by the CITY to be away from their
primary residence and overnight stay is required. Per Diem Expenses shall be billable as
follows, at the CONSULTANT's option:
b)
c)
Actual cost of lodging (not to exceed $75.00 per night excluding tax) plus $25.00
per day for meals and incidental expenses. Lodging that exceeds $75.00 per night
shall require approval in advance by CITY.
Lodging, meals and incidental expenses at the rate of $95.00 per calendar day.
Expenses for out of town or out of state travel to be approved by CITY priOr to
expenses being incurred.
MISCELLANEOUS PROJECT RELATED EXPENSES
a)
b)
c)
d)
e)
f)
g)
h)
Notary fees
Long distance telephone charges
Miscellaneous office supplies
Postage
Copies, reproduction, duplicating and blueprinting service
Recording fees
Auto parking, bridge, tunnel and road tolls
Other expenses authorized by CITY in the performance of the Scope of Services
· All Project Related expenses will be billed at cost plus ten percent (10%).
City of Pearland - Kirby Drive Page 5 of 5