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R2007-147 2007-09-24 RESOLUTION NO. R2007-147 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING CHANGE ORDER NO. 2 ASSOCIATED WITH THE DIXIE FARM ROAD EXPANSION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That Change Order No. 2 associated with the Dixie Farm Road expansion, 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 Change Order NO.2 associated with the Dixie Farm Road expansion. PASSED, APPROVED and ADOPTED this the 24th day of September, A.D., 2007. '"'- ~ .J) &.:.{ TOM REID MAYOR ATTEST: APPROVED AS TO FORM: D . Ir /1 II . ~. '. l....Et^- DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution No. R2007-147 07 -0065 TR0805 CITY OF PEARLAND PROJECTS DEPARTMENT 3519 Liberty Drive Pearland, Texas 77581 CHANGE ORDER For Dixie Farm Road Widening Project. Phase :: Date of Issuance: September 24. 2007 Contractor: Engineer: Freese and Nichols. Inc. Explanation: This change order encompasses the following: Change Order No: CoP Project No: PO#: 01225:' v TR0805 Description of Work Cost Time Dixie Farm Rd. Phase 2 - from SH 35 to 1500 ft. south of FM 518: Completion of the roadway design, revisions and updates to the existing design, as well as effort for additional design that may be necessary. This phase will generally include updated survey, design plans, specifications and estimates for a four lane roadway with medians, associated storm drainage, bridges at Mary's Creek Bypass and Cowart's Creek, signals at SH 35, Oakbrook and Westfield, environmental permitting and landscaping. Funds to be charged to Account No. 202-0000-565-03-01. $ 397,273.00 N/A Days Back-up documentation is attached. Cost & Time Chan2e Summary: Original Contract: Previous Change Order(s): Contract prior to this change order: Net increase (decrease) from this change order: Revised Contract: Finance Approval: 0~ ~~ Date: Finance Director RECOMMENDAD: By:~_~ '" Design Engineer . Date: CJ~/g-O? ACCEPTED*: By: N/A Contractor Date: Cost $ 989,1 33.22 $ 1,084,966.23 $ 2,074,099.45 $ 397,273.00 $ 2.471.372.45 0., . ~ Lj. Lf7 Time Days Days Days Days Days RECOMMENDED: By: NA Construction Manager Date: tlkpPROV~ By: OwnerBill isen, City ~ --- Date:g/24/07 Manager *Contractor agrees to perfonn change(s) included in this Change Order for the price and time indicated. The prices for changes included all costs associated with this Change Order. No work is to be done until this change order is executed. No payment to the Contractor (or Consultant) shall be made for work included in the change order until the Contractor's pay estimate is updated. Revise the project plans and specifications as referenced and insofar as the original project drawings and specitications are inconsistent, this Change Order governs. Upon execution by all parties, the following changes identified for the contract value and/or contract time shown, are made part of the contract. Page 1 of 1 54. Revised 7/23/07 . . '",,\;~);~:.~.?; '.:T-;r~~~.."" . ,I'M . . .~~'(, ':~;'i, ; , 'i!i' ~" I ." "'~ ~...t'J~" , . :, . 'l[" C":~ : " . . . .' d' _~..~~t;~it . ./~;~~! . ;" '. Freese ond N. h l lC 0 S,Ine. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www,freese.com September 13,2007 Ms. Andrea Brinkley Project Manager City of Pearl and 3519 Liberty Drive Pearland, Texas 77581 Re: Dixie Farm Road Widening - Phase 2 Revised Proposal Dear Andrea: Accompanied are two (2) original copies of our revised engineering proposal for the referenced project. Revisions were made based on our September 10, 2007 meeting. Per your request, the mark-ups for the sub's were removed, but coordination manhours increased. The construction Phase fee on as-needed basis was reducecd. We also made some minor adjustments to manhours to bring the total down fi'om $418,508 to $397,273. The design team is the same one as the original phase with Freese and Nichols as prime consultant and subconsultants are LAN, TEDS1, Wilson Survey Group, COlTigan Consulting, and Carroll Kell, Landscape Architect. The scope was defined based on our thorough review of original PS&E and manhour effort needed to update, modify, and/or provide new design for the Phase 2 PS&E. A complete breakdown of effort is included in the proposal along with sub's proposals or fee breakdown. The method of payment was structured simi lar to the original phase where the Design Phase was Lump Sum and the Construction Phase was on as-needed basis. The revised fees are: Design Phase - $274,183, Construction Phase budget on as-needed - $42,450, miscellaneous Expenses - $11,000, and subconsultants total fee is $69,640, for a total of$397,273. OFF0704] PearlandPRLUBrinkleyltr Ms. Andrea Brinkley September 13, 2007 We appreciate the opportunity to submit this proposal. Please call me if you have any question. Sincerely, ~-/-- Mehran (Ron) Bavarian, P.E. Associate Pearland Office Manager Accompanied: OFF07041 PearlandPRL UBrinkley2ltr EXHIBIT "A" SCOPE OF SERVICES AND RESPONSIBILITIES OF OWNER ARTICLE I BASIC SERVICES: Freese and Nichols, Inc. (FNI) shall render the following professional services to the City of PearIand (OWNER) in connection with the development of the Project, described as: Dixie Farm Road Widening - Phase 2, from State Highway 35 (SH 35) to approximately 1,500' south of Broadway (FM 518). A. DESIGN PHASE 1. Attend a kick-off meeting with the OWNER's representatives & TxDOT to establish requirements for the Project. 2. Attend monthly meetings and bring progress report on the Project throughout the course of the Project and discuss and resolve design and other issues. Prepare minutes of meetings and submit to OWNER's Project Manager. Prepare and submit with monthly invoices a brief summary progress report in bullet style format. 3. Gather data necessary to update Project files and incorporate new design changes where required which may have occurred since the time of the original design. 4. Coordinate and obtain additional topographic surveying from the Surveyor (subconsultant) to reflect the most current field conditions to determine impacts to the original design. Scope includes some allowances for re-marking pipelines, locating environmental areas. (See subconsultant's proposal) 5. Coordinate with Environmental sub-consultant in obtaining required update to nationwide permit and other documents. Scope includes submitting the Statement of Continuous Activity to TxDOT, Asbestos testing for existing two bridges, and construction phase assistance on as- needed basis. 6. Coordinate with the signal design subconsultant to provide updated topography and design plans and receive updated/modified plans, notes, details, bid quantities, etc. from the sub consultant for 90%, and 100%-complete and final submittals to OWNER and TxDOT. Signal plans will be for Westfield, Oakbrook, and SH 35. 7. Coordinate with the bridge subconsultant to provide updated topography and design plans and receive updated/modified plans, notes, details, bid quantities, etc. from the subconsultant for 90% and 100%-complete, and final submittals to OWNER and TxDOT. Bridge plans will be Mary's Creek Bypass and Cowart's Creek bridge widenings. Bridge plans update/modifications will be based on original design which was 1996 ASHTO Standard Specifications and Revision for HS-20 loading. 8. Coordinate with the landscape/irrigation subconsuItant to provide updated topography and design plans and receive plans, notes, details, and bid quantities, etc. from the subconsultant for 90% and 100%-complete, and final submittals to OWNER and TxDOT. Plans will be for the limits of the Project per original scope. T:lPearlandIPRLU\2-Scope of ServicesPRL U .doc SC-l FNI -?:://9 OWNER 9. Assist OWNER in a 90%-complete coordination meeting with the utility and pipeline companies. This task will include mail out of meeting invitation and information on potential conflicts. FNI will also provide assistance to the OWNER in general coordination with utility and pipeline companies. The OWNER will be responsible to negotiate and contract to resolve conflicts. 10. Provide the necessary coordination with TxDOT throughout the preparation of PS&E and review periods. 11. Modify current plans to reflect the new Project limits and modify design at the transition area between the Phase 1 contract and this contract. These modifications will include cover sheet, index and legend, typical sections, general notes and specification data, quantity summary sheets, traffic control plans and details, horizontal alignment sheets, roadway and storm sewer plan/profile sheets, intersection layouts, roadway point data sheets, driveway tabulation, drainage area maps and hydraulic computations, existing utilities, signing and pavement marking plans, signal plans and details (subconsultant), bridge plans and details (subconsultant), landscape/irrigation plans and details (subconsultant), SW3P, and update all necessary TxDOT Standards. 12. Make the necessary changes to the plans, general notes, unit of measure, and quantities as pertains to meeting 2004 specifications. 13. Assemble a 90%-complete plans and submit to the OWNER and TxDOT for reVIew and comments. Prepare a 90%-complete probable cost of construction. 14. Meet and discuss review comments with OWNER and/or TxDOT and incorporate all revisions and comments. 15. Assemble a 100%-complete plans and submit to the OWNER and TxDOT for review and comments. Update the probable cost of construction. 16. Meet and discuss review comments with OWNER and/or TxDOT, and incorporate all the necessary revisions to plans. 17. Assemble a pre-mylar set of plans to submit to the OWNER and/or TxDOT for final review and comments. Update probable cost of construction as necessary. 18. Incorporate final OWNER and/or TxDOT comments and assemble final mylar drawings for delivery to TxDOT. 19. Submit plans to Brazoria Drainage District No.4 for review and approvals. 20. Assist TxDOT and OWNER during post-mylar plan reviews in Austin prior to the Letting. Provide the necessary revised mylar drawings. 21. Provide the necessary assistance to TxDOT on clarifications and addenda during the Letting Phase. 22. Provide miscellaneous printing, plotting, mileage, mail-outs, and deliveries. T:IPearlandIPRLU\2-Scope of ServicesPRL U .doc SC-2 FNI -?;J/3 OWNER B. CONSTRUCTION PHASE 1. Provide an as-needed basis construction phase services which will include but not be limited to the following: a. Assist OWNER in attending the pre-construction conference with TxDOT and the Contractor. b. Provide monthly brief project update. Since TxDOT is handling the construction phase of the project, this update will be general. c. Assist OWNER in coordination with utility and pipeline companies during roadway construction. d. Respond to TxDOT, Contractor, OWNER's Request For Information (RFI's). e. Assist OWNER/TxDOT on any change orders. f. Review any submittals deemed necessary by TxDOT/OWNER. g. Provide any clarification of drawings deemed necessary by TxDOT/OWNER. h. Assist OWNER in Substantial and Final Completion walk-through. 1. Provide other assistance as the OWNER and TxDOT deemed necessary. ARTICLE II ADDITIONAL SERVICES: Additional Services to be performed by FNI, if authorized by OWNER, which are not included in the above described basic services, are described as follows: A. Additional field surveying required beyond scope described in subconsultant's proposal. B. Field layouts or the furnishing of construction line and grade surveys. C. GIS mapping services or assistance with these services. D. Making property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records. E. Providing services to investigate existing conditions or facilities, or to make measured drawings thereof, or to verify the accuracy of drawings or other information furnished by OWNER. F. Providing renderings, model and mock-ups requested by the OWNER. G. Making revisions to drawings, specifications or other documents when such reVISIOns are 1) consistent with approvals or instructions previously given by OWNER or 2) due to other causes not solely within the control of FNI. H. Providing consultation concerning the replacement of any Work damaged by fire or other cause during the construction, and providing services as may be required in connection with the replacement of such Work. I. Investigations involving consideration of operation, maintenance and overhead expenses, and the preparation of rate schedules, earnings and expense statements, feasibility studies, appraisals, evaluations, assessment schedules, and material audits or inventories required for certification of force account construction performed by OWNER. J. Providing shop, mill, field or laboratory inspection of materials and equipment. Observe factory tests of equipment at any site remote to the project or observing tests required as a result of equipment failing the initial test. T:IPearlandIPRLU\2-Scope of ServicesPRL V.doc SC-3 FNI -'"7,6' OWNER K. Preparing data and reports for assistance to OWNER in preparation for hearings before regulatory agencies, courts, arbitration panels or any mediator, giving testimony, personally or by deposition, and preparations therefore before any regulatory agency, court, arbitration panel or mediator. L. Furnishing the services of a Resident Project Representative to act as OWNER's on-site representative during the Construction Phase. The Resident Project Representative will act as directed by FNI in order to provide more extensive representation at the Project site during the Construction Phase. Through more extensive on-site observations of the work in progress and field checks of materials and equipment by the Resident Project Representative and assistants, FNI shall endeavor to provide further protection for OWNER against defects and deficiencies in the work. Furnishing the services of a Resident Project Representative is subject to the provisions of Article Ie. If OWNER provides personnel to support the activities of the Resident Project Representative who is FNI or FNI's agent or employee, the duties, Responsibilities and limitations of authority of such personnel will be set forth in an Attachment attached to and made a part of this AGREEMENT before the services of such personnel are begun. It is understood and agreed that such personnel will work under the direction of and be responsible to the Resident Project Representative. OWNER agrees that whenever FNI informs him in writing that any such personnel provided by the OWNER are, in his opinion, incompetent, unfaithful or disorderly, such personnel shall be replaced. M. Assisting OWNER in claims disputes with Contractor(s). N. Performing investigations, studies and analyses of substitutions of equipment and/or materials or deviations from the drawings and specifications. O. Assisting OWNER in the defense or prosecution of litigation in connection with or in addition to those services contemplated by this AGREEMENT. Such services, if any, shall be furnished by FNI on a fee basis negotiated by the respective parties outside of and in addition to this AGREEMENT. P. Providing environmental support services beyond scope described in subconsultant's proposal. Q. Performing investigations, studies, and analysis of work proposed by construction contractors to correct defective work. R. Design, contract modifications, studies or analysis required to comply with local, State, Federal or other regulatory agencies that become effective after the date of this agreement. S. Services required to resolve bid protests or to rebid the projects for any reason. T. Any services required as a result of default of the contractor(s) or the failure, for any reason, of the contractor(s) to complete the work within the contract time. U. Providing services after the completion of the construction phase not specifically listed in Article I. V. Providing basic or additional services on an accelerated time schedule. The scope of this service include cost for overtime wages of employees and consultants, inefficiencies in work sequence T:IPearlandIPRLU\2-Scope of ServicesPRL V.doc SC-4 FNI --*:7.8 OWNER and plotting or reproduction costs directly attributable to an accelerated time schedule directed by the OWNER. w. Providing services made necessary because of unforeseen, concealed, or differing site conditions or due to the presence of hazardous substances in any form. x. Providing services to review or evaluate construction contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Y. Providing value engineering studies or reviews of cost savmgs proposed by construction contractors after bids have been submitted. z. Preparing statements for invoicing or other documentation for billing other than for the standard invoice for services attached to this professional services agreement. AA. Provide follow-up professional services during Contractor's warranty period. BB. Providing additional geotechnical investigation services. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the Design Phase related services (Article IA) within 180 calendar days and Construction Phase related services (Article IB) during construction period on as-needed basis. IF FNl's services are delayed or suspended in whole or in part by OWNER, or if FNl's services are extended by the Contractor's actions or in actions for more than 90 days through no fault of FNI, FNI may be entitled to equitable adjustment of rates and amounts of compensation. ARTICLE IV RESPONSIBILITIES OF OWNER: OWNER shall perform the following in a timely manner so as not to delay the services of FNI: A. Designate a person to act as OWNER's representative with respect to the services to be rendered under this AGREEMENT. Such person shall have contract authority to transmit instructions, receive information, interpret and define OWNER's policies and decisions with respect to FNl's services for the Project. B. Provide all criteria and full information as to OWNER's requirements for the Project, including design objectives and constraints, space, capacity and performance requirements, flexibility and expandability, and any budgetary limitations; and furnish copies of all design and construction standards which OWNER will require to be included in the drawings and specifications. C. Assist FNI by placing at FNl's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project. D. Arrange for access to and make all provisions for FNI to enter upon public and private property as required for FNI to perform services under this AGREEMENT. E. Examine all studies, reports, sketches, drawings, specifications, proposals and other documents presented by FNI, obtain advice of an attorney, insurance counselor and other consultants as T:IPearlandIPRLU\2.Scope of ServicesPRL V.doc SC-5 FNI~ OWNER OWNER deems appropriate for such examination and render in wntmg decisions pertaining thereto within a reasonable time so as not to delay the services of FNI. F. Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project. G. OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations. OWNER shall also make or arrange to have made the interpretations of data and reports resulting from such investigations. All costs associated with such investigations shall be paid by OWNER. H. Provide such accounting, independent cost estimating and insurance counseling services as may be required for the Project, such legal services as OWNER may require or FNI may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnishing and performing the work. I. OWNER shall determine, prior to receipt of construction bid, if FNI is to furnish Resident Project Representative Service so the Bidders can be informed. J. Attend preconstruction conference, construction progress and other job related meetings and substantial completion inspections and final payment inspections. K. Give prompt written notice to FNI whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of FNI's services, or any defect or nonconformance of the work of any Contractor. L. Furnish, or direct FNI to provide, Additional Services as stipulated in Attachment SC, Article II of this AGREEMENT or other services as required. M. Bear all costs incident to compliance with the requirements of this Article IV. ARTICLE V DESIGNATED REPRESENTATIVES: FNI and OWNER designate the following representatives: Owner's Designated Representative - Andrea Brinkley, 3519 Liberty Drive, Pearl and, Texas 77581, (281) 652-1797) FNI's Project Manager - (Mehran (Ron) Bavarian, P.E., 2010 E. Broadway, Pearl and, Texas 77581, (281) 485-2404) FNI's Accounting Representative - (Judy Blair, 2010 E. Broadway, Pearland, Texas 77581, (281) 485- 2404) T:IPearlandIPRLU\2-Scope of ServicesPRL V.doc SC-6 FNI -4?# OWNER ATTACHMENT CO COMPENSA TION LUMP SUM WITH ADDITIONAL SERVICES BASED ON HOURLY RATES For and in consideration of the services to be rendered by FNI, OWNER shall pay the fees hereinafter set forth. A. COMPENSA nON: 1. Design Phase: Compensation to FNI for the Design Phase services as defined in Article IA of Attachment SC shall be a Lump Sum of $343,823. The breakdown is as follows: a. Roadway Modifications Plans, Meeting, Coordination, Specifications, Quantities, estimates, etc. $274,183 b. Bridge Plans Modifications (subconsultant) $ 16,272 c. Topographical and Mapping Update (subconsultant) $ 18,900 d. Signal plans Modifications, etc. (subconsultant) $ 18,253 e. Landscape/Irrigation plans Modifications (subconsultant) $ 4,400 f. Environmental Services (subconsultant) $ I 1,815 Total $ 343,823 2. Construction Phase: For services as defined in Article IE of Attachment SC, a budget of $42,450 is proposed. Services will be provided on as-needed basis. 3. Project Expenses: A budget of$II,OOO is recommended for project miscellaneous expenses such as printing, plotting, mileage, mail-outs, deliveries, etc. This expense will be invoiced at cost plus 10%. Therefore, total fee shall not exceed $397,273 without prior reauthorization. FNI sees the Scope of Services changing so that additional services are needed, FNI will notify OWNER for OWNER's approval before proceeding. B. COMPENSATION TERMS: 1. "Sub-Consultant Expense" is defined as the expense that is incurred by FNI in employment of others in outside firms for services in the nature of foundation T:OFF07041\PRLUI Compensation CO-l FNI --:78 OWNER A TT ACHMENT CO borings, testing, surveying, process design and similar services that are not included in the Basic Services. 2. "Direct Non-Labor Expense" is defined as that expense for any assignment incurred by FNI for supplies, transportation and equipment, travel, communications, subsistence and lodging away from home and similar incidentals in connection with that assignment. C. BASIC SERVICES: 1. Upon authorization from the OWNER, FNI shall proceed with the services outlined in Article IA of Attachment SC. For the purposes of preparing monthly statements for the Design phase of the Project, FNI shall submit to the OWNER payment requests in proportion to that part of the service which has been accomplished as evidenced by monthly statements. Final payment for Design phase shall be due upon the completion of service, whether the work be constructed or not. 2. Upon authorization from the OWNER, FNI shall proceed with services outlined in Article I B of Attachment SC on as-needed basis. Monthly payment requests shall be submitted to the OWNER for that portion of service which has been accomplished as evidenced by monthly statements. If other Additional Services as described in Attachment SC, Article II, are required FNI shall be compensated as follows: a. Where the services of individuals are supplied by FNI, as authorized by OWNER, payment for these services will be based on salary costs times a multiplier of 3.10, except for resident project representative services which will be a flat $75/hour rate plus mileage. b. Services for direct non-labor expense and sub-contract expense provided by FNI shall be reimbursed at actual cost times a multiplier of 10%. T:OFF07041 IPRLU\ Compensation CO-2 FNI -4:;?g OWNER ~ ~ ~ ~:E] .c '" ~ "C~a~ .s .~ 8 -; 5~~C: t ~ 2 ,~ ~] ~ ~ .': ex: ~ Vl U 5 ~,~ ~:r: t ~ 3 '~ en", 1l ,... ~ \5 I-- ~ ~ (j.~ ~ ~ .: ~ ... en~ I-- I-- ~ e ._ .. ~ ,);'" r--- t ~ ,- .. = ~ - c .. ~ r.>3:E r--- "C .. .. .. 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Engineers Environmental Scientists Arc h i tects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com SCHEDULE OF CHARGES POSITION HOURLY RATE PRINCIPAL OF FIRM OFFICE MANAGER SENIOR PROJECT MANAGER PROJECT MANAGER PROJECT ENGINEER DESIGN ENGINEER GIS TECH SR. CAD DESIGNER CADTECH RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANALYST WORD PROCESSING/SECRETARIAL $215 $185 $155 $120 $100 $ 90 $ 65 $ 65 $ 60 $ 75 $ 80 $ 65 The ranges and individual salaries will be adjusted annually. EXPENSES PlottiO!?: Bond Color Vellum Mylar $ 2.50 per plot $ 5.75 per plot $ 5.00 per plot $10.00 per plot PrintiOl! Bluelines/Blacklincs Offset and Xerox Copies Black & White Black & White Color Color Binding $0.13 per square foot $0.10 per single sided copy $0.20 per double sided copy $0.50 per single sided copy $1.00 per double sided copy $5.75 per book M i1eae:e $.53 per mile OTHER DIRECT EXPENSES Other direct expenses are reimbursed at actual cost times multiplier of 1.10. They include outside printing and reproduction expense, communication expense, travel, transportation and subsistence away from Pearl and and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons other than staff members. T:OFF07041\2007 FNI Schedule of Charges. doc ISln Lockwood, Andrews & Newnam, Inc. -_. -~._. --- ---- ~ \ I r" .\ IJ \ l Y l t, \11' \ N \ September 12, 2007 Mehran (Ron) Bavarian, P.E. Freese and Nichols, Inc. 2010 Broadway Peariand, Texas 7758 J Ref: Dixie Fanl1 Road Phase 2 Dear Mr. Bavarian: Per the attached fee schedule, LAN will update the bridge plans, detai Is and standards for Mary's Creek and Cowart's Creek blidge widening. Please contact me at 713.82 J .0365 if you have any questions or require further intol111ation. 2925 Briarpark Drive . Houston, Texas 77042-3720 . 713.266.6900 . Fax: 713.266.2089 . www.Jan-inc.com :> 5 3 :i u ) I) 2 u ( ) o :: ell .. '0" ClJ <= 'liE Oll! c: Oc 3:::: e1~~ c <( o 0:::: :i!: 0:::: <( u. w >< c N W en <( :::I: a.. C/)cj Zz ow ~ U l.L U W 0... C/) s~ wQ. Z 06 C/) Z <{ ...J 0... W I- W ...J 0... ~ o u ;;i, o ir: w ...J o c c= <(:. o NC'\INNNNNNNNN c c= <(:::. o D: W Z <.!l (ij w c <.!lI- z- wW ,....,....,....,....,....,....,....,....,....,....,.... NNNNNNNNNNN 0: . 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NN 00 OON co ' " ocri~~ ,.... ~ f'-.~ Ln.. .........cn ........ <IlUJUJW 51-UJW o<t:LL.LL Ie:: ...J ...J(9 <( <t:Z l- I-- 0 ~j f; cOm gJ iJl en CIJ o e:: <t: o Zen <t:z 1-0 CIJ- 1-1- o<t: O~ xLL. I-LL. 1-0 ZUJ UJo. e::CIJ e::v ::>0 UO N :1:3:: UJUJ 55 UJUJ e::e:: o "! .... r-- N cD .... <h I- en o o IX: o In <( ...J ...J <( I- o I- OJ e: :c t'Cl o ...J o N rh I .... .E <Il e: o 'en 'S; en &3l 'O.s::: e:CIJ v~12 0e:t'Cl ~~-g tf)~S B!i:CIJ :;::;o~ rJ ~ 0 'ECIJ~ 'u 12 I- Qlt'Cl'O Co '0 Ql ClJe:!i: 12~-g t'Cl CIJ E '00e: lij I- :> U5~~ ~~~ ~ <0 ~ I-O>e: c: ~ 0 ~~~ CD c: ~ ~ 'co .c ~~1l ~~= "jE 'jE ~ ~ 6, m .9 'w V5 ~~12 '5 :g,.:g .. 8.:g S ZCIJCOCIJ Q.....N<'> I- 0. :2 ::> CIJ CIJ <t: ~G THE WILSON SURVEY GROUP, INC. PROFESSIONAL LAND SURVEYORS July 10, 2007 Mr. Mehran Bavarian, P.E. Freese-Nichols, Inc. 2010 Broadway Pearland, Texas 77581 Re: City of Pearland: Dixie Farm Road Project - Phase Two Update Topographic Survey Dear Mr. Bavarian, This letter is our proposal to provide surveying and mapping services to update the topographic survey information on the Dixie Farm Road-Phase Two Project in Pearland, Texas. The project commences at State Highway 35 at Sta. 0+00 and terminates at the most southerly drive into the Wal-Mart Parking Lot at approximately Sta. 116+00. The existing topographic information is based on aerial photography prepared in August, 2001. There have been numerous changes in the features such as turning lanes, drives, utilities constructed and/or relocated, drainage courses altered, etc. The project route will be visually inspected and any changes in the topographic and planimetric features will be horizontally and vertically located. This will include, but not be limited to: changes in pavement, changes in back of curb locations, additions or deletion of utility structures and/or poles, and changes to drainage channels. These changes will be limited to the area within the proposed right-of-way lines and 25-feet outside of the proposed right-ot-way lines. Elevations will be established on manhole rims only. There are allowances in this proposal to work with pipeline companies to re-mark pipelines within the project area. There is an allowance to provide surveying services to locate environmental areas as they may be determined and marked by Corrigan Consulting. We will supply a digital file containing all of the changes. The cost to provide these services will be $18,900.00 including all labor, materials and expenses. We understand that our contract will be Freese - Nichols and that individual work authorizations will serve as our notice to proceed. Mr. Bavarian, thank for this opportunity to be ot service. Please feel free to contact me if you have any questions or if I can be of further service. fis truly, 7IJc~2.~j, President 2006 E. Broadway. Suite 105. Pearl and, Texas 77581 Ph (281) 485-3991 . Fax (281) 485-3998 E-mail: mdwilson@houston.rr.com ~G THE WILSON SURVEY GROUP, INC. PROFESSIONAL LAND SURVEYORS ATTACHMENT The cost breakdown for this project is as follows: 2-man crew Survey Technician RPLS Expenses TOTAL 112 hours @ $110 = $ 12,320 68 hours @ $ 75 = $ 5,100 15 hours @ $ 90 = $ 1,350 = $ 130 $ 18,900 2006 E. Broadway. Suite 105 . Pearland, Texas 77581 Ph (281) 485-3991 . Fax (281) 485-3998 E-mail: mdwilson@houston.rr.com TEDSI INFRASTRUCTURE GROUP Consulting Engineers 10260 Westheimer . Suite 460 . Houston, Texas 77042 July 18, 2007 Mr. Mehran (Ron) Bavarian, P. E. Associate - Pearland Office Manager Houston Area Infrastructure Manager Freese and Nichols, Inc. 2010 Broadway Pearland, TX 77581 Direct: 832-456-4722; Office: 281-485-2404; Fax: 281-485-4322 Re: Dixie Farm Road Widening - PHASE 2 From SH 35 to Approximate Sta. 115+00, Pearland, Brazoria County, TX Supplemental Traffic Signal Design Proposal Signals: SH 35, Oakbrook and Westfield Dear Mr. Bavarian: We are pleased to submit this proposal to Freese and Nichols, Inc. (FNI) to "update" proposed traffic signals at the above three locations along Dixie Farm Road. As of 2005, the signal drawings were at the pre-final level. Following is a breakdown of tasks required to update our design plans: . Coordinate project issues and updates with FNI, TxDOT, City of Pearland and Brazoria County. . Revise existing conditions as applicable at all three locations. . Re-check utility information. . Revise/reapply with private utilities for Power Service, name changes, etc. . Update pedestrian pole size and push-button details (now R 1 0-3b) for all signals. . Revise overhead sign details (now clear view font & size) for all signals. . Update proposed conditions to reflect the latest in VIVOS detection, specifications and electrical schedules. . Revise signing and striping. . Revise/update General Notes. . Include new/latest Standards. . Revise Index of Drawings. . Revise Basis of Estimates to show new/latest items, codes, quantities, etc. for all signals. . Revise temporary signal layout at SH 35. . Revise title block information and re-number sheets. . Separate PS&E package and assemble new package for Phase 2. . Plot bond copies and re-submit drawings to all agencies for interim reviews. . Address review comments and respond to agencies comments. o Tel: 713/975-8337 . IIIim] . Fax: 713/975-7194 Mr. Ron Bavarian, P.E. July 18, 2007 Page 2 COMPENSATION The work as defined in the Scope of Services will be performed at a lump sum fee as shown in the attached "Fee Schedule/Budget." The amount shown includes all necessary direct expenses estimated for this project. Any work not specifically stated in the Scope of Services will be considered additional work and will be subject to negotiation. SCHEDULE It is estimated that the work can be completed within 60 calendar days after execution of contract, receipt of Notice to Proceed, along with the required information and electronic files furnished by FNI. This estimate is contingent upon the availability of the required information and does not include the time necessary for agency review. CONDITIONS This proposal is valid for 60 calendar days and does not in any way constitute a binding contract. A legal contract agreement specifying explicit terms and conditions between FNI and TEDSI shall be executed prior to commencement of work. The services provided for this project apply only to this specific project and may not be used for any other project. We appreciate the opportunity to provide this proposal to FNI and we are looking forward to continue working with you on this project. We trust that the information provided is sufficient for you to complete your evaluation of this proposal. Should you have any questions or require additional information, please let me know. Thank you. Sincerely, TEDSI INFRASTRUCTURE GROUP r---, ~ .-'-- Harish Narayanappa, P.E., PTOE Senior Project Manager r- ~ "" ;:: ~ :i- C ::J o U Cll 'C o N e: IX) -c5 C .!l;! Iii Ql 0.. Iu Cl C ::J m - w ...I ::J C W ::c o (/) w W LL co ..- U") ::?: LL .... o .J::. :i o C/) .... Ql Ql U. o o ll'!. >. Qj iO E 'x e c. c. ~ .!!l .J::. U :c .! o o + U") ..- ..- cO en $ Cll E 'x o C. c. ~ o -"0 ~Qj ::c!S C/):g E3: e"O u. lij ~~ Ql e ~~ .J::.Cll 0..0 "0 _ CllU") OM O::::I: eC/) ~M ~~ Xc> i:5i:i5 . . . :-:. 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Cl u i?; ,,: ;:J ~ o ~ b ;:J ~ CIl ~ '- i?; rii Cl l.t.l 1- [I-I James Carroll Kell Landscape Architect, Inc. -- ATTACHMENT "A" TO SUBCONTRACT AGREEMENT FOR LANDSCAPE ARCHITECTURAL SERVICES BETWEEN JAMES CARROLL KELL - LANDSCAPE ARCHITECT, INC. (TCK) AND FREESE AND NICHOLS, INC. (CLIENT) I. PROJECT The project is the Dixie Farm Road widening, Phase Two. The portion of the project site included in Phase Two extends from State Highway 35 to approximately station 115+00, which is approximately 1500 feet south of F.M. 518. Landscape development will occur only in the medians. II. SCOPE OF SERVICES A. CONSTRUCTION DOCUMENTS The project area included in Phase Two has been previously submitted under a separate contract to TXdot and commented on as a 90% submission. This previous submission will form the basis for beginning services under this contract. JCK will review the previous submission and update it as necessary to meet all current TXdot standards. JCI<: will then submit the revised drawings as a new 90% submittal for comment by TXdot, and then resubmit as a 100% submittal once TXdot comments have been incorporated into the documents. Construction documents will include the following: 1, Irrigation plans: Trees will be drip-irrigated. Grass area will not be irrigated. 2. Planting plans showing plant locations, names, quantities and sizes. 3. Standard TXdot 2004 planting and irrigation installation details and plant list. 4. Specifications will be TXdot standard 2004 specification sheets. For some of the standard sheets, JCK will provide the appropriate data to the Client for inclusion in the electronic form of the sheets, since the electronic form of the sheets is in a computer program unavailable to J CI<:. JCK will also provide a construction cost estimate based on the 90% submittal documents. B. BIDDING & FIELD OBSERVATION Bidding and Field Observation services will be provided by others and are not a part of the services provided by this contract. page 1 2 I 10 Briargreen Drive . HOllston. Tcx<lS 77077 832/379-0482 . fax H32/37D. 14(m jkl'll@llOlIstOI1.rr.com II_I James Carroll Kell Landscape Architect, Inc. .- C. CONSTRUCTION PER1\lITS & REGULATORY APPROVALS All construction permits and regulatory approval of drawings will be obtained by others. D. EXTRA SERVICES Any services requested by the Client in addition to those outlined above will be charged as an extra service. Additional services pertaining to items specifically described herein as being part of ]CK's scope of services but required because of extraordinary unanticipated circumstances (greatly increased scope of project, etc.), or any work occasioned by changes requested by the Client after prior approval has been given for those services will also be charged as extra services. III. FEES AND EXPENSES A. FEES The fee for services to be performed by]CK as described above will be a lump sum amount of $4,400.00 to be paid according to the Payment Schedule described below. B, EXTRA SERVICE FEES Extra services, if performed, will be charged on an hourly basis for the time expended in the execution of the services at an hourly rate of $100 per hour. C. REIMBURSABLE EXPENSES In addition to fees, ]CK shall be reimbursed at his cost for such expenses attributable to the services as prints and other reproduction charges, in-house computer plots at $5 each, and deliveries. Mileage incurred for the use of staff automobiles shall be charged at the rate of $.45 per mile. Printing of bidding documents will be accomplished by the others. D. PAYMENT SCHEDULE Lump sum fees will be billed on a percentage basis and will correspond to the submittal percentages (90%, 100%). All fees and reimbursable expenses shall be payable upon receipt of the invoice. An interest rate of 15% per annum shall be applicable to all unpaid amounts at least 30 days past the invoice date. In the event that it becomes necessary for ]CK to retain an attorney to assist with the collection of fees, reasonable attorney's fees and court costs may be charged to the Client in addition to ]CK's outstanding fees, expenses, and interest. page 2 2 I 10 Briargreen Drive . HOLlston, TL'X<\S Ti077 832/379.0482 . fax 832/379-1 4G8 jkdl@110Llston.rr.C0111 II_I James Carroll Kell Landscape Architect. Inc. .- IV. TERMINATION If any work ]CI<: performs is abandoned in whole or in part through no fault of ]CI<:, ]CI<: is to be paid for the services performed prior to receipt of written notice from the Client of such abandonment or suspension together with reimbursements then due. This Agreement may be terminated by either party upon receipt of written notice five (5) days prior to the effective date of termination should the other fail substantially to perform in accordance with its terms through no fault of the other. In the event of termination due to the fault of other than James Carroll I<:ell - Landscape Architect, Inc., ]CI<: shall be paid for services then due. This Agreement shall not be regarded as terminated until all the outstanding fees and expenses have been paid in full. V. OWNERSHIP OF DOCUMENTS It is understood and agreed that the calculations, drawings, and specifications prepared by ]CI<:, whether in hard copy or machine readable form, are instruments of professional service intended for use in the documentation and construction of projects. They are and shall remain the property of ]CI<: who shall be deemed the author of these documents and shall retain all common law, statutory and other reserved rights, including the copyright. The Client may retain copies, including copies stored on magnetic tape or on disk, for design and construction documentation of the project as described above. Because of the possibility that information and data delivered in machine readable form may be altered, whether inadvertently or otherwise, ]CI<: reserves the right to retain the original tapes/disks. ]CI<: also reserves the right to retain hard copy originals of all project documentation delivered to the Client in machine readable form, which originals shall be referred to and shall govern in the event of any inconsistency between the two. Now, in consideration of ]CI<:'s agreement to deliver its instruments of professional service in machine readable form, the Client agrees, to the fullest extent permitted by law, to hold harmless and indemnify]CI<: from and against all claims, liabilities, losses, damages, and costs, including but not limited to attorney's fees, arising out of or in any way connected with the modification, misinterpretation, misuse, or reuse by others of the machine readable information and data provided by ]CI<: to the Client. The foregoing indemnification applies, without limitation, to any use of the project documentation on other projects, for additions to this project, or for completion of this project by others, excepting only such use as may be authorized, in writing, by ]CI<:. VI. LIABILITY While ]CI<: warrants that it is capable of, and will perform the services described herein page 3 2 I 10 Brimgrcell Drive . Houstun, Texas 77077 832/379-0482 . fax 832/379- 14li8 jkell@llOllsIOIl.rr.COlll II_I James Carroll Kell Landscape Architect. Inc. -- in a professional manner, the Client understands that lCK carries no professional liability insurance for errors and omissions because of the prohibitively high cost of such insurance. However, lCK will be responsible to the Client for substantiated claims of unsatisfactory service up to the total amount of fees specified in this Contract. VII. MISCELLANEOUS PROVISIONS The Client acknowledges and agrees that proper Project maintenance is required after the Project is complete. A lack of maintenance or improper maintenance of such landscape items as plants, irrigation systems or any other landscape features designed by lCK, may result in damage to property, vegetation, or people. The Client further acknowledges and agrees that, as between the parties to this Agreement, lCK is not responsible for the results of such lack of or improper maintenance. The Texas Board of Architectural Examiners has jurisdiction over complaints regarding the professional practices of persons registered as landscape architects in Texas. Contact the Texas Board of Architectural Examiners at P.O. Box 12337, Austin, TX, 78711-2337, 512/305-9000. page 4 2 I 10 BriargrccIl Drive . Huuston, TC:\ClS 77()/7 832/379.0482 . f,l:\ 8:l2/37>l14ClH jkell@l1mlston.rr.cum CORRIGAN CONSUL TING, INc. 12000 Aerospace Ave., Suite 450 Houston, Texas 77034 (281) 922-4766 · Fax (281) 922-4767 August 6, 2007 Mr. Mehran Bavarian Freese & Nichols, Inc. 2010 East Broadway Pearl and, Texas 77581 Re: Dixie Farm Road Widening Project - Phase 2 Pearland, Texas CCI Proposal Number: 07PR-I052RI Dear Mr. Bavarian: As requested, Corrigan Consulting, Inc. (CCI) is please to provide this proposal for assistance during the Phase 2 of the Dixie Farm Road Widening Project. We understand that there has been on-going, continuous activity on the project and that there have been no changes in the design, right-of-way, or land use that would have environmental impacts. The scope of work and estimated cost for providing environmental assistance for the Phase 2 of the Dixie Farm Road construction project is detailed below. Item I: Statement of Continuous Activity According to Mr. Jim Roscher, Houston District, Texas Department of Transportation (TxDOT), Houston, a Statement of Continuing Activity should not be necessary for this project. However, in the event it is required, CCI will prepare and submit the Statement of Continuous Activity to TxDOT. The Statement will include the information required by TxDOT and may include the status of right of way acquisitions, utility adjustments, PS&E and other routine project activities. We will provide one copy of the Statement electronically and will follow-up with TxDOT to make sure that the Statement is forvvarded to the FHW A. Item 2: Reissuing the Wetland Permit The Nationwide Permit (NWP) 14 for the Dixie Farm Road project (Permit No. D-I7241), authorized by the U.S. Army Corps of Engineers (USACE), on June 23, 2005, was valid until May 2007. The permit was also based on several General Conditions. In March 19, 2007, the USACE reauthorized the NWPs and General Conditions, which extended the NWP 14 for the Dixie Farm Road project until March 2008. The NWP were all reauthorized without modification, however; several of the General Conditions were modified and several new General Conditions were issued. Since the Dixie Farm Road Phase 2 project is anticipated begin in approximately 10 - 12 months, the NWP must be reissued as a new permit. According to the USACE, the NWP 14 for the project can be reissued by conducting a field verification of the previous wetland delineation and resubmitting an updated wetlands report and supporting attachments. CCI will coordinate with Freese & Nichols, Inc. to review the CORRIGAN CONSUL TING, INc. Typical Bridge Crossing diagram, quantity of fill material used in the previous submittal and verify that there have not been any significant changes since the last NWP application. CCI will obtain and incorporate the updated flood plain maps with wetland areas overlain. CCI will also modify the submittal to as needed due to the new and modified General Conditions, assuming that they all still apply and that no additional data or information is needed to verify the conditions. For the purpose of this proposal, it is assumed that there are no changes in the engineering design, that the NWP 14 and the previous General Conditions will be applicable, that the new flood plain maps do not affect this NWP, that the only impacts will be the road crossings at Cowart Creek and Mary's Creek Bypass and that Mary's Creek Bypass is still non- jurisdictional (ie: not subject to penllitting). It is also assumed that the USACE will not require a field verification. Item 3: Asbestos Testing for Bridges According to TxDOT, a bridge (or parts of a bridge) must be tested for asbestos prior to demolition. If a bridge or structure initially tests positive for asbestos content at greater than 5 percent, a mitigation plan will be required. If the asbestos content is between 1 to 5 percent, a follow-up inspection must be performed using the Point Count Method. If the results of the Point Count Method indicate less than 1 percent asbestos content, no further action will be. required. If the results of the Point Count Method indicate a 1 percent or greater asbestos content, a mitigation plan will be required. CCI will provide asbestos services through our subconsultant, Envirotest, Ltd., a State of Texas licensed asbestos consulting firm. Envirotest will conduct the initial bridge inspection and testing for the Mary's Creek Bypass Bridge and Cowart Creek Bridge, both located on Dixie Farm Road. All field persoilllel performing asbestos inspection activities will be licensed by the Texas Department of State Health Services (DSHS). Based on the results of the testing, Envirotest will conduct the additional analysis utilizing the Point COlUlt Method. If an asbestos mitigation plan is required, Envirotest can also prepare the plan. Mitigation plans will be prepared by a DSHS licensed Asbestos Consultant. If asbestos mitigation plans are required, CCI understands that the oversight of any actual removal (abatement) of asbestos containing materials will be managed by the TxDOT area office. Item 4: Construction Standby Assistance CCl will provide any additional environmental consulting services on an as needed basis during the Phase 2 construction activities. These services include responding to any unanticipated enviromnental conditions that could be encountered during the construction project. For the purpose of this proposal, it is assumed that no more than 24 hours of staff time would be needed for this item. 12000 Aerospace Ave., Suite 450' Houston, Texas 77034' (281) 922-4766 CORRIGAN CONSUL TING, INc. Schedule and Cost We are prepared to begin work on this project within one week of receiving a signed Authorization and Agreement Form from Freese & Nichols, Inc. The estimated cost to complete this work is detailed in Attachment A. Monthly invoices will be submitted based on time and materials, but will not exceed the estimated total without prior authorization. Remittance will be due within 30 days of the date on the invoice. We appreciate the opportunity to provide our environmental pennitting services. If you have any questions, please feel free to call me at (281) 922-4766 Sincerely, ~ I j!- ~.i / " /' //~. ?,,( /. t~l- Gail A. Corrigan President Attachment 12000 Aerospace Ave., Suite 450. Houston, Texas 77034. (281) 922-4766 Estimated Cost Dixie Farm Road Widening Project Phase 2 Environmental Consulting Services Item and Description Unit Cost Item 1: Statement of Continuous Activity (only if .'equired) Project Biologist $75.00/hour Sr. Program Manager $145.00/hour Word Processing $50.00/hour Item 2: Reissuing Wetland Permit Project Biologist GIS/CAD drafting 8r. Program Manager Word Processing Mileage, GPS & field supplies Registered Land Surveyor Copies/Del iveries $75.00/hour $85.00/hour $145.00/hour $50.00/hour $100/day N/A $25/copy Number 12 hours 4 hours 2 hours Subtotal 24 hours 4 hours 8 hours 4 hours I day N/A 2 copies Subtotal Item 3: Asbestos Testing fo.' 2 Bridges (Cowart Creek & Mary's Creek Bypass) Sr. Program Manager $145.00/hour 4 hours Word Processing $50.00/hour 2 hours Envirotest. - Initial testing $1,995.00 at cost Envirotest. - Point Count* $440.00 at cost Envirotest - Mitigation Plans* $840.00 at cost Subtotal Item 4: Construction Standby Assistance Project Geologist $85.00/hour Program Manager $145.00/hour Mileage, & field supplies $50/day Word Processing $50.00/hour Copies/Deliveries $25/copy 24 hours 2 hours I day 4 hours 2 copies Subtotal Total Estimated Cost * Optional - mayor may not be required Total $ 900.00 580.00 100.00 $ 1,580.00* $ 1,800.00 340.00 1,160.00 200.00 100.00 0.00 50.00 $ 3,650.00 580.00 100.00 1,995.00 440.00 * 840.00 * $3,955.00 $ 2,040.00 290.00 50.00 200.00 50.00 $ 2,630.00 $ 11,815.00 CORRIGAN CONSUL T1NG, INC. PROJECT AUTHORIZATION AND AGREEMENT Location Freese and Nichols, Inc. Dixie Farm Road Widening Project - Phase 2 Environmental Consulting Pearland, Texas Client: Project: CCI Proposal No.: 07PR-l052 This agreement provides authorization for Corrigan Consulting, Inc. to provide environmental consulting services for the Dixie Farm Road Widening Project Phase 2, according to the proposal dated August 6, 2007. Remittance will be due to COlTigan Consulting, Inc., 12000 Aerospace Ave., Suite 450, Houston, Texas, within 30 days of each invoice date. For: COlTigan Consulting, Inc. By: t ..~6' /1 Ctc/ Gail A. COlTig~ Name: Title: President Telephone: (281) 922-4766 Date: Authorized and Agreed: By: Name: Title: Telephone: Date: Address: CORRIGAN CONSUL T1NG, INC.