R2002-0045 03-11-02RESOLUTION NO. R2002-45
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO
ENTER INTO AN RIGHT-OF-WAY ACQUISITION CONTRACT WITH COBB
FENDLEY AND ASSOCIATES FOR ACQUISITION SERVICES
ASSOCIATED WITH THE FITE/WAGON TRAIL/HATFIELD 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 and Associates, a copy of which is attached hereto as Exhibit "A" and made a part
hereof for all purposes, is hereby authorized and approved.
and
Section 2. That the City Manager or his designee is hereby authorized to execute
the City Secretary to attest a contract with Cobb Fendley and Associates for
PASSED, APPROVED and ADOPTED this the__
A.D., 2002.
11 dayof March
TOM REID
MAYOR
ATTEST:
APPROVED AS TO FORM:
DARRIN M. COKER
CITY ATTORNEY
acquisition services associated with the Fite/Wagon Trail/Hatfield Project.
Exhibit "A"
R2002-45
CITY OF PEARLAND
STANDARD SERVICES CONTRACT
This Agreement is made between the City of Pearland, Texas (hereinafter the
"City"), and Cobb, Fendley, & Associates, Inc.(hereinafter "Consultant") as follows:
1. Summary of Contract Terms. The following information and referenced
documents shall be a part of this Contract:
Consultant:
Description of Services:
Maximum Contract Amount:
Contract Begins:
Contract Ends:
Attachments:
Cobb, Fendley, & Associates, Inc.
Right-of-Way Acquisition Services for Fite/Wagon
Trail/Hatfield Water & Sewer Project
$76,725
Marchl~, 2002
Sixty (60) Days After Completion of Construction
Proposal
2. Services and Payment. The Consultant will furnish Services to the City in
accordance with the terms and conditions specified in this Contract. Payment for the
services shall be due and payable upon submission of a statement of services to the
City. Statements for services shall not be submitted more frequently than monthly.
3. Term and Termination. This Contract term will begin upon execution by both
parties. Either party may terminate this Contract at any time provided that the
terminating party gives 60 days' advance notice to the other party via certified mail to
that party's last known address. The City shall pay the Consultant for all services
rendered to the date of termination.
4. Indemnity. The Consultant shall indemnify, defend, and hold the City, its officers,
agents, and employees, harmless from any claim, loss, damage, suit, and liability of
every kind, including all expenses of litigation, court costs, and attorney's fees, for injury
to or death of any person, or for damage to any property, arising from or caused by any
act or omission of Consultant, its officers, employees, agents, or subcontractors, in
performing its obligations under this Contract.
5. Assignment. Consultant shall not assign this Contract without the prior written
consent of the City.
6. 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.
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. 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.
9. Entire Agreement. 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.
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10. 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 this the 11 day of March
., 2002.
CITY OF PEARL/~ND .
Signature:
Name/Title:,,a~':'~-~'~,,, ~, .,,.,,,~"" ~ C'~ ~:~ ,',~,,~,u~, -
Alan Mueller/Deputy City Manager
CONSU LTA~//.
Signature:
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STATE OF TEXAS §
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COUNTY OF Df¢,~(~ §
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.
F~ ~.WN ~N~.. MY HAN~ ^N~ ~.A.O.O.~,C. TH,~ ~:Z ~AY O.
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FOR
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Printed Name: ~l~n~~,~
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STATE OF TEXAS §
COUNTY OF ""~/',c 7~,~ ¢¢~..~ §
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.
GIVEM UNDER MY HAND AND SEAL OF OFFICE THIS
'~"~-¢.,'-¢.~ , A.D., 2001.
PERLA N. LEHMAN
Notary Public, State of Texas
My Commission Expires:
APRIL 2,2005 ~
DAY OF
NOTARY PUBLIC IN AND FOR THE
STATE OF TEXAS
Printed Name: ~r'//~ .~ ~-~'~-~
My Commission Expires:
4
Cobb, Fendley & Associates, Inc.
Houston · Austin
Engineering
Right-of-Way
Transportation
Land Surveying
Communications
Land Development
Construction Management
Subsurface Utility Engineering
February 21,2002
Mr. Al Hague
Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Fite / Wagon Trail / Hatfielt Sewer and Water Lines Project
Dear Mr. Hague:
Cobb, Fendley & Associates, Inc. (CFA) is pleased to provide you with this
proposal for Right-of-Way services. These services include acquisition of Sewer, Water
Line and Temporary Construction easements. Title services will be provided on an as-
needed basis. The proposed Scope of Services, Basis of Compensation and Schedule
of Work are outlined on the following pages.
SCOPE OF SERVICES
· Secure a copy of the current property ownership deed.
· Meet with property owner to negotiate the acquisition.
· Prepare/secure all documentation necessary for acquisition including
correspondence letters, contact reports, etc. as required by the City of
Pearland. This agreement does not include any appraisal or condemnation
support services.
· Meet with property owners to secure/execute instrument.
· Meet with property owners to settle damages.
· Record documents in public records.
· Furnish closed file to City of Pearland.
5300 Hollister, Suite 400 · Houston, Texas 77040-6131 · (713) 462-3242 · Fax (713) 462-3262 · E-Mail: mailbox@cobfen.com
Cobb, Fendley & Associates, Inc.
Mr. Al Hague
February 21,2002
Page 2
BASIS OF COMPENSATION
The work outlined in the Scope of Services can be provided on an hourly basis at
the following rates:
Acquisition $70.50 per hour not to exceed $1900.00 per parcel, for an
estimated 33 parcels, without the written approval of the City of Pearland for
exceptions.
Settle Damages $70.50 per hour not too exceed $425.00 per parcel for an
estimated 33 parcels, without the written approval of the City of Pearland for
exceptions.
The Fite / Wagon Trail / Hatfielt project consist of 33 parcels for acquisition
and 33 estimated damage settlements therefore the contract total will be
$76,725.00
· Title Research will be performed at $70.50/hour (as needed basis).
· Easement fee paid to landowner by CFA on behalf of the City of Pearland is
reimbursable at cost. (Fee Schedule to be provided by the City).
SCHEDULE OF WORK
Cobb, Fendley & Associates, Inc. can begin work upon receiving written
authorization to proceed. 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 and we look forward to being a part of your team.
Respectfully yours,
COBB, F~ENDLEY & ASSOCIATES, INC.
Bobby Gree~
Right of Way Project Manager
February 26, 2002
Mr. A1 Hague
Project Manager
City of Pearland
3519 Liberty Drive
Pearland, Texas 77581
Re: Fite / Wagon Trail / Hatfielt Sewer and Water Lines Project
Dear Mr. Hague:
Cobb, Fendley & Associates, Inc. is pleased to provide you with an estimated
schedule for the above referenced project.
ESTIMATED SCHEDULE OF WORK
· March 11, 2002 Council meeting for project approval.
· March 2002 Receive Maps and individual property descriptions.
· March 2002 Mail out initial information letters to all property owners.
· April 2002 through June 2002 set up meetings and initiate negotiations with
property owners. Record documents at courthouse as agreements are reached.
· July 2002 estimated project completion baring any unforeseen problem or
condemnation proceedings.
We appreciate the opportunity to provide acquisition services to the City of
Pearland and we look forward to completion of this project.
Respectfully Yours,
COBB, FENDLEY & ASSOCIATES, INC.
Bobby Greer
Right of Way Project Manager