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R2000-084 07-10-00RESOLUTION NO. R2000-84 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 BROOKS & SPARKS INC. FOR DESIGN, BIDDING, AND CONSTRUCTION ENGINEERING OF THE TOWN DITCH IMPROVEMENTS. 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 Brooks & Sparks, 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 Brooks & Sparks, Inc. for design, bidding, and construction engineering of the Town Ditch improvements. PASSED, APPROVED and ADOPTED this the 10th day of July A.D., 2000. ATTEST: • LING L Y SE FIA ETARY APPROVED AS TO FORM: DARRIN M COKER CITY ATTORNEY TO ! REID MAYOR BROOKS & SPARKS, INC. CONSUL77NG ENGINEERING AGREEMENT FOR CONSULTING SERVICES THIS AGREEMENT IS MADE EFFECTIVE THIS DAY OF , 20 , BY AND BETWEEN BROOKS & SPARKS, INC. (HEREINAFTER CALLED THE "CONSULTANT"), AND THE CITY OF PEARLAND (HEREINAFTER CALLED THE "CLIENT"). THE CLIENT HAS REQUESTED SERVICES OF THE CONSULTANT IN RELATION TO. CITY OF PEARLAND TOWN DITCH IMPROVEMENTS IN ACCORDANCE WITH THE PROPOSAL LETTER DATED APRIL 18, 2000 (HEREINAFTER CALLED THE "PROJECT"). THEREFORE, THE CLIENT AND CONSULTANT AGREE AS FOLLOWS: AFTER EXECUTION COPY OF THIS AGREEMENT, THE CONSULTANT WILL PROVIDE THE CLIENT WITH SERVICES AS DEFINED IN THIS AGREEMENT AND PROCEED WITH THE WORK AS EXPEDITIOUSLY AS PRACTICAL, INFORM THE CLIENT OF ANY SCHEDULE CHANGES AND PROVIDE THE CLIENT WITH COPIES OF THE FINAL PRODUCT. THE CLIENT WILL PLACE AT THE CONSULTANT'S DISPOSAL ALL AVAILABLE INFORMATION PERTINENT TO THE PROJECT INCLUDING PREVIOUS DRAWINGS, REPORTS AND ANY OTHER RELATIVE DATA AND WILL ARRANGE FOR AND PROVIDE ACCESS TO THE CONSULTANT, WITHOUT LIABILITY OF ANY NATURE TO THE CONSULTANT EXCEPT FOR CONSULTANT'S OWN N EGLIGENCE, TO ENTER UPON PUBLIC AND PRIVATE LANDS AS REQUIRED FOR THE CONSULTANT TO PERFORM HIS WORK U NDER THIS AGREEMENT. PAYMENTS FOR PRELIMINARY PHASE SERVICES WILL BE BASED ON A FIXED PRICE OF TEN THOUSAND DOLLARS ($ 10,000). PAYMENTS FOR DESIGN PHASE SERVICES WILL BE BASED ON A FIXED PRICE OF TWENTY FIVE THOUSAND DOLLARS ($25,000). PAYMENTS FOR BID PHASE SERVICES WILL BE BASED ON A FIXED PRICE OF TWO THOUSAND TWO HUNDRED DOLLARS ($2,200). CONSTRUCTION PHASE SERVICES WILL BE PROVIDED ON AN HOURLY RATE BASIS NOT TO EXCEED FOUR THOUSAND DOLLARS ($4,000) WITHOUT PRIOR WRITTEN APPROVAL BY THE CLIENT. ADDITIONAL SERVICES WILL BE BILLED HOURLY IN ACCORDANCE WITH THE ATTACHED EXHIBIT A, HOURLY RATE SCHEDULE. INVOICES WILL BE SUBMITTED MONTHLY AND WILL REFLECT THE PERCENTAGE OF THE PROJECT COMPLETED AT THE DATE OF THE INVOICE. PAYMENTS FOR BASIC SERVICES, SPECIAL SERVICES, ADDITIONAL SERVICES AND REIMBURSABLE EXPENSES S HALL BE MADE BY THE CLIENT WITHIN THIRTY (30) DAYS AFTER RECEIPT OF CONSULTANT'S INVOICE. REIMBURSABLE EXPENSES SHALL MEAN THE CONSULTANT'S COST OF REPRODUCTION OF REPORTS, DRAWINGS AND S IMILAR PROJECT RELATED ITEMS CONSULTANT WILL MAINTAIN INSURANCE TO PROTECT BOTH CONSULTANT AND THE CLIENT FROM CLAIMS UNDER WORKMEN'S COMPENSATION, NEGLIGENT ACTS OF CONSULTANT'S EMPLOYEES, AND CLAIMS DUE TO ERRORS, OMISSIONS OR NEGLIGENCE IN THE PERFORMANCE OF PROFESSIONAL SERVICES FOR THE PROJECT. ALL DOCUMENTS, INCLUDING BUT NOT LIMITED TO ORIGINAL DRAWINGS, ESTIMATES, SPECIFICATIONS, FIELD NOTES AND DATA ARE AND SHALL REMAIN THE PROPERTY OF THE CONSULTANT. THE CLIENT SHALL OBTAIN A SET OF REPRODUCIBLE AS BUILT DRAWINGS ONCE THE PROJECT IS COMPLETED. TERMINATION OF THIS AGREEMENT PRIOR TO. COMPLETION MUST BE MADE IN WRITING AND MAY BE MADE BY EITHER PARTY. IF THIS AGREEMENT IS TERMINATED BY THE CLIENT, THE CONSULTANT WILL BE PAID FOR SERVICES PERFORMED TO THE DATE OF TERMINATION. IF THIS AGREEMENT IS TERMINATED BY THE CONSULTANT, THE CONSULTANT WILL BE PAID FOR SERVICES PERFORMED ON THE COMPLETED PORTIONS OF THE PROJECT WHICH ARE USABLE TO THE CLIENT. THIS AGREEMENT CONTAINS THE ENTIRE AGREEMENT OF THE PARTIES AND THERE ARE NO OTHER PROMISES OR CONDITIONS IN ANY OTHER AGREEMENT WHETHER ORAL OR WRITTEN. THIS AGREEMENT MAY BE MODIFIED OR AMENDED IF THE AMENDMENT IS MADE IN WRITING AND IS EXECUTED BY BOTH PARTIES. THIS AGREEMENT SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS. CLIENT: CITY OF PEARLAND CONSULTANT: BROOKS & SPARKS, INC. / % FRANK E. BROOKS, P.E. DATE PRINCIPAL BROOKS & SPARKS, INC. CONSUL77NG ENGINEERING HOURLY BILLING RATES JANUARY I , 1999 CLASSIFICATION HOURLY RATE P RINCIPAL $ 100.00 P ROJECT MANAGER $ 85.00 P ROJECT COORDINATOR $ 68.00 ENGINEERING TECHNICIAN $ 65.00 CADD I ECHNICIAN $ 58.00 CLERICAL $ 42.00 BROOKS & SPARKS, INC. CONSULTING ENGINEERING April 18, 2000 John Hargrove, P.E. City of Pearland 3519 Liberty Drive Pearland, Texas 77581 Re: Proposal for Civil Engineering Services City of Pearland Town Ditch Improvements Project No. 723-0002 Dear John: Brooks & Sparks, Inc. is pleased to submit this proposal for providing engineering services for the City of Pearland Town Ditch Improvements. Based on our meetings to date, the purpose of this assignment is to develop a HEC-2 computer model of the ditch which revises ditch the alignment and cross section from State Highway 35 to Old Alvin Road. Once the computer model is completed and is within acceptable parameters, Brooks & Sparks, Inc. will prepare plans and specifications for bid and construction. We will assist the City in bidding the project and provide construction services as requested. The specific scope of services to be provided will include the following items of work: Preliminary Phase 1. Acquire all pertinent maps, plans, utility data and drainage data fiom the City of Pearland required for the completion of the project. Coordinate with surveyor and acquire available topographic survey of the area requiring improvements. Surveying Services are not included in the lump sum fee. 2. After preliminary design, assist with coordinating geotechnical investigation once the location and details for the utilities are determined. Geotechnical Services are not included in the lump sum fee. 3. Contact TxDOT regarding State Highway 35 culverts and S&B Engineers for additional input. Communicate with utility and pipeline companies to determine the locations of all utilities within the project area and the constraints to construction which those utilities present. 4. Prepare recommendations regarding the improvements to be designed. Meet with City representatives to evaluate recommendations and findings. Provide a cost estimate for the construction of the improvements. /59/5 KATYFREEWAY, SUrrE44O HouSTON, DEC 77094 28 / -578-9595 - FAX: 28 1 -578-9686 BROOKS 5 SPARKS, INC. CONSUL77NG ENGINEERING Mr. John Hargrove, P.E. April 18, 2000 Page 2 - Continued Design Phase 1. Assist in the preparation of formal Contract Documents in conformance with City of Pearland standards. 2. Prepare plans for the town ditch channel improvements in AutoCAD R-14. 3. Prepare final cost estimate for construction. 4. Provide services and drawings to secure any required approvals from TxDOT and Brazoria Drainage District No. 4. Bid Phase 1. Assist the City of Pearland in the advertisement of the Project for bid. City of Pearland will secure and pay for the Bid Advertisement and conduct bid opening. 2. Attend the bid opening and issue addenda to the Bid Documents if necessary. 3. Review bids and recommend award of the contract. Construction Phase 1. Attend the preconstruction conference. 2. Make periodic visits to the site (as distinguished from the continuous services of a resident Project Representative) to observe the progress and quality of the executed work and to determine in general if the work is proceeding in accordance with the Contract Documents. In performing these services, Brooks & Sparks, Inc. cannot guarantee the performance of the contractor, nor be responsible for the actual supervision of construction operations or for the safety measures that the contractor takes or should take. 3. Review change order requests, periodic payment applications, samples, catalog data, schedules, shop drawings, laboratory, shop and mill tests of material and equipment and other data which the contractor submits. (This task includes submitting plans for review to utility companies). 4. Conduct, in company with City representatives, a final inspection of the Project for compliance with the Contract Documents, review final payment request and submit recommendations concerning project status, as it may affect final payment to the contractors, and write completion certification. BROOKS cS SPARKS, INC. CONSULTING ENGINEERING Mr. John Haigrove, P.E. April 18, 2000 Page 3 - Continued Additional Services 1. Platting, ROW and Easement Acquisitions - It is anticipated that Platting will be provided directly by the Surveyor on this project. Therefore, these items are not included in the Scope of Services. They will be provided as additional services if needed, or the City can retain their own surveyor. 2. Permit Fees, Bid Advertisements or Public Notices - Costs associated with permit fees, bid advertisements or public notices are not included in the above costs. Should those services be necessary, the associated engineering services will be considered additional services. 3. Surveying Services - The City of Pearland shall employ and pay for the services of the Surveyor (Surveying is not included in the lump sum fee). Surveyor shall identify all utilities and topographic information which would pertain to the design and construction. 4. Geotechnical Investigation - The City of Pearland shall employ and pay for the services of the geotechnical engineer. (Geotechnical engineering is not included in the lump sum fee). 6. Easement Acquisitions - It is anticipated that the City will acquire right-of-way easements required for the construction of the work, therefore, these items are not included in the Scope of Basic Services. 7 Coordination with Pipelines and Utility Owners - Services associated with meetings with utility and pipeline owners inspections, and negotiations are not included in the Scope of Basic Services. Should those services be necessary, the associated engineering services will be considered additional services. 8. Negotiations, Contracts and Agreements - Services associated with negotiating and securing utility district agreements, developer agreements, interlocal agreements and other agreements outside of the basic scope of services will be considered additional services. 9. Miscellaneous Fees - Costs associated with permit fees, bid advertisements or public notices are not included in the Scope of Basic Services. Should those costs be incurred, they will be invoiced as additional services. 10. Bridges, Culverts and Channel Structures - Costs associated with the design of bridges, culverts and channel structures are not included in the Scope of Basic Services. Should those costs be incurred, they will be invoiced as additional services. BROOKS 5 SPARKS, INC. CONSUL77NG ENGINEERING Mr. John Hargrove, P E April 18, 2000 Page 4 - Continued Compensation We can perform the Preliminary Phase, Design Phase and the Bid Phase services for a lump sum fee of $35,700. The Construction Phase services can be performed on an hourly basis in accordance with the attached hourly rate schedule not to exceed $4,000 without written approval by the Owner. Basic Services Preliminary Phase Design Phase Bid Phase Construction Phase $10,000 25,000 2,200 4,000 $41,200 lump sum basis lump sum basis lump sum basis hourly basis - not to exceed Project Budget The following is the projected budget for this project based on the information available to date. Fngineering Civil $41,200 Structural 4,000 Geotech 3,200 TOTAL ENGINEERING $48,400 Surveying Topographic $ eck Right-of-way Plats TOTAL SURVEYING Right-of-way Acquisition Construction Contingencies TOTAL BUDGET $ r9 ,r90 $280,000 $450,000 $ 65,100 a) 3to $855,000 ✓ BROOKS 5 SPARKS, INC. • CONSUL77NG ENGINEERING Mr. John Hargrove, P.E. April 18, 2000 Page 5 - Continued Schedule We can complete the Preliminary Phase within five weeks of notice to proceed. The Design Phase can be completed within ten weeks after the Preliminary Phase acceptance by the City or within the schedule required for the project. We appreciate the opportunity to present this proposal and assist The City of Pearland on this project If you should have any questions or require additional information, please call. Sincerely, c117.ter-�� Frank F Brooks, P E Principal FEB/feb Enclosure • SOW EWES ate! �• wWW IUPLEXES a PUN WM WI s • lem MOS NEW U 01111011111111 1111111110.1.1 1Illl1llii SEE NTgrefi:a11l:a:u • • • BLOCKS ADDI S SO WI 10 WSW 11111. wen ES IS JASMINE MIMS r MOINEME S• OW S r • WOWS OWE IMMO IIIIIME MENIMMI IIIMEMEN MIMMIEM IMOMMIS WES 1111111111 •rr SEM 0 SOU SOM ESE SSE 111•11 II aOM WIIIIIWI USES • • USTER ION �r s illllillli BROADWAY STREET 111111II!I !!ILIIII!� WOW ma WOWS WOWS W• ES r• •••• MIMEO S• OS WEIS IE msmoma MOS EIMMEIS SWIM WISE WOWS Slita aW= WS IS WSW MEW II MOS OSIE SEME 111111111111111 Wm NM EMU 111EUWIWIII WALNUT Wit 1j1 0101011. 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