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R2003-0148 10-03-03 RESOLUTION NO. R2003-148 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, DECLARING THE EXISTENCE OF "SALVAGE PROPERTY" BELONGING TO THE CITY AND DETERMINING THE NEED TO FACILITATE THE PROPER DISPOSITION OF THE CITY'S "SALVAGE PROPERTY." WHEREAS, the City, because of the acquisition of right-of-way, acquired a metal building that is of no value to the City and for which no foreseeable use or need exists; and WHEREAS, Council desires to designate such property as "salvage property" in accordance with V.T.C.A. Local Government Code §263.151 ; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. The City Council of the City of Pearland formally declares the metal building identified in Exhibit "A" attached hereto as "salvage property." PASSED, APPROVED and ADOPTED this the day of A.D., 2003. TOM REID MAYOR ATTEST: YOUNG LORFING, TRMC CITY SECRETARY APPROVED AS TO FORM: DARRIN M. COKER CITY ATTORNEY EXHIBIT CITY OF PEARLAND / I STANDARD AGREEMENT FOR CONSULTANT SERVICES This Contract (Contract) is made between the City of Pearland, Texas (hereinafter "City"), and Gibson & Sons (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: Demolition of City of Pearland property at Harkey Rd. and Fite Rd. Consultant/Subconsultant(s) Fee Basis of Compensation Gibson & Sons $7,000.00 Lump Sum Maximum Contract Amount $7,000.00 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 completion of work. 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 percent (1%) 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. 2 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 3 . 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 Governing 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. 5 • EXECUTED and EFFECTIVE as of the day of , 20 CITY OF PEARLAND CONSULTANT By: By: Printed Name: Printed Name: Title: Title: STATE OF TEXAS § § , COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , known to me toloe 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 , A.D., 20 . NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS Printed Name: My Commission Expires: STATE OF TEXAS § COUNTY OF § BEFORE ME, the undersigned Notary Public, on this day personally appeared , 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 _, A.D., 20 . NOTARY PUBLIC IN AND FOR THE STATE OF TEXAS ' Printed Name: _ My Commission Expires: 6 F,: SP-FR I EkDSG100D FAX NO. : 281-412-6212 Sep. 16 2033 07:26AM P2 3911 Lee Lane Pearland, Texas 77584 281.9971324/281.850, 7725 gibsonandsons&aot com September 15, 2003 Mr. Al Hague, Project Manager City of Pearland 3519 Liberty Drive Pearland, Texas 77581 PROPOSAL RE: Demo of Metal Building Corner of Harkey & Fite Road; Pearland, TX Scope of the work: • Owner shall supply electrical and plumbing disconnects and permits • Remove the existing structure and slab to a depth of two -feet below existing slab grade • Remove the driveways and septic tanks • Rough grade site with existing soil to drain properly • Contractor to keep any monies received from the salvage of materials Cost to accomplish scope of the work listed above: $7000.00 • c_co la '?taPZ PP: 7C, 281 412 6212 PAGE .02 McK.Eb ENVIRONMENTAL HEALTH, I,NC. 303 Westfield • Friendswood, TX. 77546 • (281) 482-3403 September 25, 2003 City of Pearland Attn: Wendy Standorf 3519 Liberty Dr. Pearland, TX 77581 Re: 3017 Harkey Pearland ,TX 77581 I hereby certify that an asbestos survey was conducted on September 25, 2003 by Michael S. McKee Licensed Asbestos Consultant #105540, in accordance with the Texas Asbestos Health Protection Rules (TAHPR) and the National Emission Standards for Hazardous Air Pollutants (NESHAP) for the areas being renovated and/or demolished. Please call me if you have any questions. Cordially, Michael S McKee State Licensed Asbestos Consultant #105540 Expires 11/18/03 031226a.doc • vitt ANK Industrial Hygiene ACCREDITED LABORATORY) 402551 THE STATE OF TEXAS COUNTY OF BRAZORIA GENERAL WARRANTY DEED § KNOW ALL MEN BY THESE PRESENTS: That GRADY M. MORRIS AND WIFE, STEPHANIE K. MORRIS, (hereinafter referred to as "Grantor"), of Brazoria County, Texas, for and in consideration of the sum of TEN DOLLARS (S 10.00) and other valuable consideration to Grantor paid by the Cits of Pearland (a political subdivision of the State of Texas), the receipt and sufficiency of which is hereby acknowledged, has granted, sold and conveyed, and by these presents does grant, sell and convey unto the said CITY OF PEARLAND, (hereinafter referred to as "Grantee"), its successors and assigns, real property ("Property") situated in Brazoria County, Texas, as described by metes and bounds in Exhibit "A' and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. The Property conveyed shall include all right, title and interest, if any, of Grantor in and to, (1) any land lying in a street, road, tolls\ay, accessway or easement (including any drainage or flood control easement) open or proposed, in front of, at the side of, adjoining, or within the Property, (2) the bed and banks of any bayou, stream, canal or ditch adjoining or adjacent to the Property, (3) all reversionary rights attributable to the Property, and (4) all rights of ingress and egress to the Property by way of open or dedicated roads and streets adjoining the Property. This conveyance is made by Grantor and accepted by the City of Pearland subject to all valid and subsisting encumbrances, conditions, covenants, restrictions, resern ations, exceptions, rights -of -way and easements appearing of record in the Official Public Records of Real Property of Brazoria County, Texas, relative to the Property, but only to the extent the same are applicable to and enforceable against the City of Pearland. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appuuienances thereto in anywise belonging unto the said Grantor, its successors and assigns, forever, and Grantor does hereby bind itself, its successors and assigns, to WARRANT A\TD FOREVER DEFEND all and singular the said premises unto the said City of Pearland, its successors and assigns, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof; subject to reservations from and exceptions to warranty and conveyance described above. Grantor reserves all oil, gas or other minerals in, on or under the aforesaid premises, but waives all rights of ingress and egress for the purposes of explonng, mining or drilling for the same. EXECUTED this By: day of , 2002. K )1 cyvts Name: rady M. Morris Name: Stephanie K. Morris THE STATE OF TEXAS COUNTY OF BRAZORIA ACKNOWLEDGEMENT § § BEFORE MF, the undersigned Notary Public, on this day personally appeared Grady M. Morris and wife, Stephanie K. Morris, 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 a DAY OF , A.D., 2002. DEBBIE L. HRNCIR Notary Public, State of Texas Commission Expires Nov. 6, 2003 After Recording, Please Return To: Kevin Stephenson Property Acquisition Services, Inc. 19855 S.W. Freeway, Suite 320 Sugar Land, TX 77479 NY PUBLIC IN AND FOR THE STATE OF TEXAS PARCEL 12 ME I ES AND BOUNDS DESCRIPTION 10,939 SQUARE FEET OUT OF LOT 74 FIGLAND ORCHARD SUBDIVISION NO. 1 PEARLAND, BRAZORIA COUNTY, TEXAS All that certain 10,939 square feet out of Lot 74, Figland Orchard Subdivision No. 1 according to the plat thereof as filed in Volume 3, Page 77 Brazoria County Plat Records and being out of that certain tract as described in a deed dated 10-01-1999 from Jose R. De La Cerda, Jr., et ux to Grady M. Morris, et ux as filed in Official Records of Real Property of Brazoria County at Clerk's File Number 99-045554 and being more particularly described by metes and bounds as follows, with bearings based on the Texas State Plane Coordinate System, South Central Zone (NAD 83); Beginning at a set 5/8" iron rod with cap (stamped C. L Davis, R.P.L.S. 4464) marking the intersection of the north right-of-way line of Fite Road (right-of-way varies) and the east right-of-way line of Harkey Road (right-of-way varies); 1. Thence N 02° 38' 10" W - 107.00' with the east right-of-way line of said Harkey Road to a set 5/8" iron rod with cap (stamped C. L. Davis, R.P.L.S. 4464) for corner; 2. Thence N 87° 22' 43" E — 102.21' (called 101.75') with the north line of said Morris tract to a found 1/2" iron pipe for corner; 3. Thence S 02° 39' 36" E — 107.00' with the east line of said Morris tract to a found 1/2" iron pipe for corner; 4. Thence S 87° 22' 39" W — 102.25' (called 101.75) with the south line of said Morris tract and the north right-of-way line of said Ate Road to the POINT OF BEGINNING and containing 10,939 square feet of land more or less. This metes and bounds description is accompanied by a separate plat, drawing or exhibit per Texas Board of Professional Land Surveyor's "General Rules of Procedures and Practices" Section 663.19(9). Compiled by: C.L Davis & Company Job Number: 11-421-60 Parcel 12 M&B.doc 11-21-2002 EXHIBIT A 11-421-60 Parcel 12 M&B doc O • TR rt DoII I I 0 III C (S) TEL ^ II ENG I Dc Q 0 to SS M JOSEPHINE DRIVE II TEL • PP RT FIGLAND ORCHARD SUBDIVISION No, (VOL. 3, PG. 77 M.P.H.) EAST R.O.W. LINE PER RESIDUE OF OL, 3, PG. 77 BCPR) GUADALUPE FLORES OCCUPIED de MONUMENTED TO EAST R.O.W. LINE GUADALUPE FLORES, JR. (VOL- 1082, PG. 703 ©CDR) 03-10-1971 FND.5/8 %R 87'22'07"E-0.77' (CALLED 101.75•) c JOSE R. DE LA E Ati JR., ET UX TO GRADY Al. WORMS, ET UX (99-045554 BOOR) 10-01-1999 FND)55 1/2 %P N 72'08'38'E-0.84'-W FM n.11 4 SAN 3017 HARKEY CAJ 1 FD NORTH (99 045554R NE 8COR) 3 -1 8 WATERLINE (AS MARKED) ATE ROAD 4� , * TEL ENC :b► i LINE DISTANCE BEARING L1 102.21' N 87'22'43" E L2 107.00' S 02'39'36" E L3 102.25. S 8722'39" W L4 107.00' N 02'38' 10" 14 NOTES• 1. THE SURVEYOR HAS NOT ABSTRACTED THE SUBJECT PROPERTY BUT HAS RELIED ON LAUCHER LAND TITLE SERVICES TO PROVIDE DEED COPIES OF THE SUBJECT PROPERTY AND ADJOINERS. 2. THE BASIS OF BEARINGS SHOWN IS REFERENCED TO THE TEXAS STATE PLANE COORDINATE SYSTEM, SOUTH CENTRAL ZONE (HAD 83). 3. THE BUILDINGS OR IMPROVEMENTS SHOWN HEREON REPRESENT THE OUTLINE AT GROUND SURFACE LEVEL UNLESS OTHERWISE NOTED, 4. THE UTILITY APPURTENANCES ( Ls., utility polio, inlet'', etc.) SHOWN HEREON ARE THOSE VISIBLE AT THE TIME OF SURVEY AND MAY NOT BE COMPLETE 5. TRACT SHOWN HEREON SUBJECT TO CITY OF PEARIAND BUILDING ORDINANCE. 6. UNDERGROUND UTILITIES SHOWN BASED ON CITY OF PFARIAND DRAWINGS & UTILITY COMPANY BLOCK MAPS, WITH FIELD TIES TO EXISTING SURFACE FIXTURES. CONTRACTOR IS RESPONSIBLE FOR VERIFICATION OF UNDERGROUND UTILITIES, 7. THIS SURVEY PLAT IS ACCOMPANIED BY A SEPARATE METES MD BOUNDS DESCRIPTION PER TEXAS BOARD OF PROFESSIONAL LAND SURVEYOR'S 'GENERAL RULES OF PROCEDURES MD PRACTICES' SECTION 663.19(9). 8• (S) INDICATES CAPPED 5/8' IRON ROD STAMPED C.L. DAVIS, R.P.L.S. NO.4464 MN :r- PP • N BURIED SWOT EIDER CABLE (AS MARKED) —T—= TEE—_ T------_T W—_ WTiT" FM Cr, E N 4'FORCEMAIN (AS MARKED) 2' CAS LINE (AS MARKED) RESIDUE OF GUADALUPE FLORES To GUADALUPE FLORES, JR. (VOL. 1082, PG. 703 BCDR) 03-10-1971 4464 DATE C.L. DAMS R.P.L.S. No. I HEREBY CERTIFY THAT THIS SURVEY WAS RUDE ON THE GROUND ON 08//27l!2002 AND THAT THIS DRAWING SUBSTANTIALLY COMPUES WITH THE CURRENT TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND SPECIFICATIONS FOR A CATEGORY 2, CONDITION 1 SURVEY. THIS CERTIFICATION IS REVOKED AND THE SURVEY NULL AND VOID IF THIS DOCUMENT IS ALTERED IN ANY MANNER, OR DOES NOT BEAR AN ORIGINAL SEAL AND SIGNATURE OF THE SURVEYOR. V C.L DAVIS & CO. 15FAIENDTW0NO 000 MICAS 77046 LAND SURVEYING 261-462-9490 BOUNDARY SURVEY 10,939 SQUARE FEET OUT OF LOT 74 FIGLAND ORCHARD SUBDIVISION No.1 (VOL. 3, PG 77 B.C.P.R.) PEARLAND, BRAZORIA COUNTY, TEXAS DATE 11-18-2002 'SCALE: 1' - 40' 'JOB NO.: 11-421-60 DWG 421-60—N—HARKEY—PARCELS—R-14 EMCEE 12 EXHIBIT B