R2006-009 01-10-06
RESOLUTION NO. R2006-9
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 COBB FENDLEY & ASSOCIATES FOR
RIGHT-OF-WAY ACQUISITION SERVICES ASSOCIATED WITH THE SH
35 SEWER 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 Cobb
Fendley & Associates, 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 Cobb Fendley & Associates, for right-of-way
acquisition services associated with the SH 35 Sewer Project.
PASSED, APPROVED and ADOPTED this the 9th day of January
A.D., 2006.
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TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
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DARRIN M. COKER
CITY ATTORNEY
Exhibit "A"
Resolution 2006-9
CITY OF PEARLAND If\
STANDARD AGREEMENT
FOR CONSULTANT SERVICES
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This Contract (Contract) is made between the City of Pearland, Texas
(hereinafter "City"), and Cobb Fendley & Associates (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 Acquisition Services for State Hwy 35 from
Swenson Rd. to Industrial Dr.
Consultant/Subconsultant( s) Fee Basis of Compensation
Cobb Fendley & Associates $109,000.00 NTE
Maximum Contract Amount $109,000.00 NTE
*AII 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.
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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
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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 anyone 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 anyone 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.
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8. Indemnitv. 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. Assiqnment. 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.
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1980 - 2005
12-06-2005
Mr. AI Hague
Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: State Hwy. 35/ Swenson Rd. to Industrial Dr. Sewer Extension Project
Dear Mr. Hague:
Cobb, Fendley & Associates, Inc. (CFA) is pleased to provide you with this proposal for
ROW services. These services include acquisition of Sewer and Temporary
Construction easements for the proposed sewer extension. The proposed Scope of
Services, Basis of Compensation and Schedule of Work are outlined on the following
pages.
SCOPE OF SERVICES
· Meet with the property owners to negotiate the acquisition and compensation
for the easements
· Prepare/secure all documentation necessary for acquisition including
correspondence letters, contact reports, etc. as required by the City of
Pearland (does not include appraisal or condemnation support services)
· Meet with property owners to secure/execute instrument
; Record documents at Countv Courthouse (nublic records department)
.J \1 '.
· Furnish closed file to City of Pearland
BASIS OF COMPENSATION
The work outlined in the Scope of Services can be provided at the following rates:
· Acquisition services at $2200.00 per parcel (payable in 2 milestone
payments)
· Recording fees, copies, mileage reimbursable at cost not to exceed $10,000.
· The State Hwy. 35 sewer extension project consist of an estimated 45
parcels, total contract not to exceed $109,000.00
· Easement compensation fees paid by City of Pearland
5300 Hollister, Suite 400 I Houston, Texas 77040-6138 i Voice 713.462.3242 I Fax 713.462.3262 I www.cobfen.com
Cobb c~
~:'~n~~)~Y ;,j
Mr. AI Hague
12-06-2005
Page 2
1 ()81J ]()((i
SCHEDULE OF WORK
Cobb, Fendley & Associates, Inc. can begin work upon receiving written authorization to
proceed. An estimated sixteen to twenty weeks will be required to complete the
acquisition process. Should unusual circumstances create a delay in the process, the
City of Pearland will be notified and provide CFA with specific instructions on a parcel-
by-parcel basis.
We appreciate the opportunity to provide acquisition services to the City of Pearland.
Thank you,
COBB, FENDLEY & ASSOCIATES, INC.
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Bobby Greer
Project Manager
BUDGET FOR STATE HWY 35
SEWER LINE PROJECT
This proj ect requires easements for the sewer line along the east side of H wy 35 from
north of Magnolia to Industrial Dr.
The metes and bounds descriptions will be received from the surveyor, C. Davis by Jan
16th.
The appraisals should be completed by Feb 1, 2006.
This is a 6-month project. Jan to June
I estimate that the easements should be acquired by June 30, 2006
The estimated budget for this project is $450,000.
This includes acquisition, appraisals, easement purchase and condemnation costs.
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EXECUTED and EFFECTIVE as of the 9th day of January , 2006 .
CITY OF PEARLA D CONSUL NT: Le61, I�6A-1)LE'( s6Cf s
��d
By: ! By:
Printed Name: Bill Ei sen Pri ed Name: r.'kmmmM/ k_ j31 lc-
Title: City Manager Title: Affr tic' / ionetwe
STATE OF TEXAS §
§
COUNTY OF §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
G , 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 OF OFFICE THIS Qv DAY OF
910././/u,Lancj, , A.D., 20 VG .
Re•441E.
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av �.� NOTARY PUBLIC IN AND FOR THE
o '. l STATE OF TEXAS
� = Printed Name: gtabi i
9TF O c t�+ S7316,4
�i5....• My Commission Expires:
STATE OF TEXAS §
§
COUNTY OF r •
l. ,,�iL §
BEFORE ME, the undersigned Notary Public, on this day personally appeared
/Au- r i +-- , 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 OF OFFICE THIS. DAY OF
dA,y, , A.D., 2006 . Cyr ' ,r
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
PP Cie''�����: r' g-
�: �; . Printed Name: �-�
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• = My Commission Expires: 5 7i/0C
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