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
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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
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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
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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
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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
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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
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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
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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
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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
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Freese
and N. h l
lC 0 S,Inc.
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
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~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
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[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.