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R2007-191 2007-11-26 RESOLUTION NO. R2007-191 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, APPROVING A CHANGE ORDER ASSOCIATED WITH THE DIXIE FARM ROAD DETENTION PONDS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Change Order associated with the Dixie Farm Road Detention Ponds, a copy of which is attached hereto as Exhibit "An and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest a Change Order associated with the Dixie Farm Road Detention Ponds. PASSED, APPROVED and ADOPTED this the 26th day of November, A.D., 2007. ~~ T EID MAYOR ""'"~''R'''L''''''''' .......... "t'\ A ~ ;'"., " '\>"".........../.0'" ,"6< .*..... '" ~ ~ It( . ....~\ A ttt'E ../0/ \,""",::...".........~,:".,.,/ "UUilut.\i' APPROVED AS TO FORM: 0~_ ~ Jr. ~ DARRIN M. COKER CITY ATTORNEY Exhibit "A" Resolution 2007-191 T68973 CITY OF PEARLAND PROJECTS DEPARTMENT 3519 Liberty Drive Pearl and, Texas 77581 CHANGE ORDER For Dixie Farm Road Widening Detention Ponds Date of Issuance: November 26. 2007 Contractor: Engineer: Freese and Nichols. Inc. Change Order No: CoP Project No: PO#: 042670 2 T68973 Explanation: This change order encompasses the following: Description of Work Cost Time The additional environmental scope of services being recommended for the two detention ponds includes preparation and submittal of Pre-Construction Notification application to the USACE for the Clear Creek and Cowart's Creek detention ponds construction. These applications will cover necessary requests for jurisdictional verification and determinations, Nationwide outfall permits, site visits, and cultural resources studies, as required by the USACE. Funds to be charged to Account No. 068-0000-565.01-02 $ 37,688.00 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: Cost $ 179,885.00 $ 8,580.00 $ 188,465.00 $ 37,688.00 $ 226.153.0 Time Days Days Days Days Days Finance Approval: Date: Finance Director RECOMMENDED: By:~..L- ~ - -- Date: )1-) c;-e!?7 Design Engineer RECOMMENDED: By: NA Construction Manager Date: ut~ROVE~~ OwnerBi 11 Ei sen City , ACCEPTED*: By: N/ A Contractor Date: Date:ll/26/07 Manager .Contractor agrees to perform 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 specifications 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 SCOPE OF SERVICES USACE PERMITTING FOR CITY OF PEARLAND COWART'S CREEK AND CLEAR CREEK DETENTION PONDS FREESE AND NICHOLS, INC. OCTOBER 17,2007 1. Pre-application Consultation with the U.S. Army Corps of Engineers (USACE). FNI will arrange a pre-application meeting with the USACE Galveston District Regulatory Branch to introduce the project and solicit feedback regarding our proposed permitting approach, if desired by the OWNER. We will also prepare a letter to the USACE describing the project and requesting USACE verification of the preliminary jurisdictional determinations prepared by OTHON, Inc. or others for the project areas. The draft letter will be submitted for OWNER's approval prior to sending it to the USACE. 2. Conduct Site Visit. FNI environmental scientists accompany the U.S. Army Corps of Engineers (USACE) during their field verification of the preliminary jurisdictional determinations prepared previously by OTHON, Inc. 3. Prepare Pre-construction Notification (pCN). FNI will prepare one PCN in accordance with requirements of Nationwide Permit (NWP) General Condition 27 for coverage of both the Cowart's Creek and Clear Creek detention ponds under NWP 43. It is assumed that these ponds can be covered under one PCN on the following bases: . the cumulative impacts to waters of the U.S. will be less than ~ acre and less than 300 linear feet of stream bed . the ponds will be operated as a regional detention system (i.e., a single and complete project) . no compensatory mitigation will be required by the USACE. A draft PCN will be prepared for OWNER's review and comment. The PCN will include jurisdictional determination reports previously prepared by others (and furnished by OWNER) and the findings of cultural resources studies, if required. The final PCN will be prepared by incorporating OWNER's comments and the PCN will be submitted to the USACE. 4. Coordinate Cultural Resources Studies. Projects sponsored by municipalities that affect a cumulative area greater than five acres or that disturb more than 5,000 cubic yards require advance project review by the Texas Antiquities Committee according to Section 191.0525 (d) of the Antiquities Code of Texas. Because the proposed project is expected to exceed these impact thresholds, coordination with the Committee will be required. FNI will prepare a draft letter to the Texas Historical Commission (THe) for OWNER's review describing the proposed project and requesting the Committee's review. FNI will incorporate OWNER's comments and send the final letter to the THC. Should the Committee determine that cultural resources surveys are necessary, FNI will authorize a qualified, professional archeologist sub-consultant to conduct the required investigations. 5. Follow Up with USACE. After submitting the PCN, FNI will address requests, if any, from the USACE for additional information or clarification. We assume that this task could require up to 40 hours of staff time after submittal of the PCN. If USACE requests require more than 40 hours to secure the 404 permit, such effort will be considered as an T:OFF07041 IPearlandlPRLX. Scope of Services SCOPE OF SERVICES USACE PERMITTING FOR CITY OF PEARLAND COWART'S CREEK AND CLEAR CREEK DETENTION PONDS FREESE AND NICHOLS, INC. OCTOBER 17,2007 additional service that can be provided, upon OWNER's written approval, and will be billed on an hourly basis at FNI's current rates. ADDITIONAL SERVICES The following services are beyond the scope of basic services but can be provided, if needed, upon written authorization of OWNER. 1. Preliminary jurisdictional determinations, including wetlands delineation. 2. Preparation of a second PCN or an application for an individual 404 permit. 3. Consultation with state and federal resource agencies other that the USACE and the Texas Historical Commission. 4. Site visit(s) to identify or to review the suitability of mitigation sites proposed by the OWNER to compensate for project impacts to waters of the U.S. 5. Preparation ofa compensatory mitigation plan and negotiation of mitigation requirements. 6. Participation in Joint Evaluation Meetings with the USACE and other agencies. T:OFF07041IPearlandIPRLX.Scope of Services H E .. ~~ ---:;- ~ = ~ ] '" o - " 0 ~ 'is o ." 8< -;- >= Q 15 - Q - t5.~ ~ ~ "''' T < '" ~ . - 0_ o - .~ :~ "' " '" - ~t 0 8'~ ~ ~ "' - .g ~ .~ ~ ..'" i ::: oU "O~ll ~.~ "E ~ .9 ~ e: 0 ~ o.1l ';; :0-. ~ ._ a~~ 1i- 8 ~ H "' ~ ~ 'e'~ .. 0 "' T.=_- ';; a a 8 0" p. ~ 't'j + .~.~ ~ ~ ~ ~ :--; ,);"' ----=- ci> e;; ~ lI"l !:~ ~ \0 ~ .t = ~ ~ ~~ - I I--- o . c- ." ~ " ~ .; ~ ~~;~~~~ ~;;ti=;;~~ ..; ~:a - ~~ ~:3 .. ::a '" " .. ~QQ "<t ~ "<t '" N .. '" '" '" ~ 0 ~ 00 ~ ;::; ~~ :gN u ~ ~ ~ ~ ~ c o .~ ] ~ 'g ~ ~ ,,l! _ ~ VI fi :; ~~J~ R 8 .~ t;"55i ~j~8 B ~ '=h ~ ~ 8 ~ .~ :;~~~~~~ ii "~ ~ ,5 ~ i:i ~:E",~~B 65~"'S~ '" '= "il ii b:o ~~~~~.; ~ 8: ~ ~ G ~ 11~11~ o . i U ~ .. i '" ~~ N~ .... ~~~ ~~~ ~~ ~..J ~g U .n . " ~ t J! QO QO \0 r.:- l"'"l GI'7 ~~, --:0 + t. CI:I 88-' 'g ~ ~'= 0 "'g 'g t; "'. I> ::> ~..'" '~B t< 0'" ",:0 ~.9 i.i: '0 .." C 0 .2 co ~1 'S ~ Q- cj .~ ':''8 :g-jj Jl.:c '" "' U ~ i:l t.:l z ~ ~ "' .. '" ~ "' :E z o '" ~ "' '" g ... ~ 1 '" i ] i U ~ u 1 <3 .... ~ .0 o '" Freese and Nichols, Inc. Engineers Environmental Scientists Architects 2010 East Broadway Pearland, TX 77581-5502 281/485-2404 281/485-4322 fax www.freese.com SCHEDULE OF CHARGES POSITION HOURLY RATE PRINCIP AL OF FIRM OFFICE MANAGER ENVIRONMENTAL SCIENTIST VII SENIOR PROJECT MANAGER PROJECT MANAGER ENVIRONMENTAL SCIENTIST III PROJECT ENGINEER DESIGN ENGINEER GIS ANALYST ENVIRONMENTAL SCIENTIST I SR. CAD DESIGNER CAD TECH RESIDENT CONSTRUCTION INSPECTOR CONTRACT/OPERATIONS ANALYST WORD PROCESSING/SECRETARIAL $205 $185 $165 $155 $120 $100 $100 $ 90 $ 80 $ 60 $ 65 $ 60 $ 75 $ 80 $ 65 The ranges and individual salaries will be adjusted annually. EXPENSES Plottin!!: Bond Color Vellum Mylar $ 2.50 per plot $ 5.75 per plot $ 5.00 per plot $10.00 per plot Printin!!: Bluelines/Blacklines 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 Milea!!: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 Pearland 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: PearlandJ2007HourlyCharges+GIS.doc Ilenll c. L. DAVIS & COMPANY LAND SURVEYING 1500 Winding Way Friendswood, Texas 77546 281.482.9490 FAX 281.482.1294 cldavis@cldaviscompanv.com October 18, 2007 Mr. Ron Bavarian, P.E. Freese & Nichols 2010 Broadway Pearland, Texas 77581 Re: Dixie Farm Road Detention Ponds: Coward Creek Site Clear Creek Site Proposal No. 2007-165 Dear Mr. Bavarian: Our proposal for land surveying services for the above referenced project is as follows: 1. Additional Land Surveying service related to environmental permitting ...........................$5,000.00 Total Amo unt of Proposal.......... ..... .............. ......................... ......... ..... ............ ........ ................... $5,000.00 Any changes or revisions in the scope of the project after authorization to proceed will be billed on an hourly basis as described below: . Principal Registered Professional Land Surveyor (RPLS) Technical/CAD Three-man field crew Data Collector Clerical $150.00 $100.00 $90.00 $110.00 $30.00 $55.00 . . . . . All surveying services are under the jurisdiction of the Texas Board of Land Surveying: 7701 North Lamar, Suite 400; Austin, Texas 78752; phone number: 512-452-9427. Any complaints about surveying services should be sent to the above address to the attention of Complaints Officer of the Board. Thank you for the opportunity to submit this proposal and we look forward to working with you. Sincerely, ct:.:~~ Approved & Accepted Mr. Ron Bavarian, P.E. Freese & Nichols Date ~urve1Jin1 the 9rett.--t Sttt.--te ufTextt.--s fur,GO 1Jett.--rs 2007-165 Dixie-Farm Road Detention Ponds. doc Budget Proposal Constraints Site Discovery Phase Cultural Resource Survey Clear Creek and Cowart's Creek Detention Basin Tracts, Brazoria County, Texas MAC No. 07-113 Oct. 18,2007 Prepared for: Mehran Bavarian Freese & Nichols, Inc. Survev Obiectives, Assumptions & Limitations under Proposed Budget This budget provides for a 100% pedestrian survey of two small (<5-acre) proposed floodwater detention basins on Clear Creek and Cowart's Creek in Brazoria County, Texas. A Texas Antiquities Permit must be acquired for this survey from the Archeology Division of the Texas Historical Commission prior to the field investigation. This proposal is based upon two important assumptions: (1) that the Archeology Division of the Texas Historical Commission will not require backhoe investigations for deeply buried archeological deposits for the Cowart's Creek survey based on the low potential of this tract for deeply buried sites, but will require backhoe investigations for deeply buried archeological deposits at the Clear Creek Basin, and (2) the assumption that no archeological sites or materials will be found. Archeological site discovery entails considerable additional expenditure in order to satisfy the site recording and reporting standards of the Texas Historical Commission. There are no previously recorded sites within the tract, and previous investigations in the area suggest that the probability is only moderate that prehistoric (Native American) sites will be found, during the survey. However, in the event that archeological sites are found, a subsequent Site Delineation & Assessment Phase survey will be required in order to meet the recording and preservation standards of the Texas Antiquities Code. It is more prudent for all parties, however, to defer this stage until the actual potential of the tract has been determined through the Site Discovery Phase investigations. The attached budget presents a realistic evaluation of the field and analysis time required for site discovery survey and survey documentation of this tract in the event that no archeological sites are found A budget amendment proposal will be prepared in the event that one or more archeological sites are identified during the site discovery phase survey. Additional investigation time will be required if archeological sites are discovered for site delineation I and the consequent, additional necessary artifact analyses and report preparation. MAC will work to reduce the costs to the Client by preparing a supplemental budget to cover these necessary tasks only in the event that archeological sites are discovered. Contingent upon regulatory approval of the scope and the discovery of no archeological remains, Moore Archeological Consulting will thus perform the proposed archeological investigation for a total fee not to exceed $8852.00 as per the attached, detailed budget proposal. 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