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DR1101-CS110727 (10/6/2011) Ken Griffin - Re: Fwd: North lakePage 1 From: Keith Marvin To: Griffin, Ken; Henderson, Leslie Date: 7/27/2011 3:43 PM Subject: Re: Fwd: North lake Interesting... It looks like we have some decisions to make on what services we expect them to perform before we finalize this contract. Keith >>> Ken Griffin 7/27/2011 3:04 PM >>> Keith Could you look over the attachments for the fee to do the design? This probably needs to be forwarded to the August 9th CC, maybe just executive session or an actual item to approve the design contract. ken g >>> John Rutledge <JLR@freese.com> 7/11/2011 6:23 PM >>> Ken, Attached are two proposals. The first is for the permitting. The minimum fee would be $11,700, which is best case on the outside chance that USACE agrees with the idea that no permit is needed. A more likely result is if we can get it to a nationwide permit with only a pre-construction notification (PCN). That would add another $14,200 (total of $25,900). If we have to go for a letter of permission (LOP, or a reduced version of an individual permit), then that would add $48,200, for a total of $59,900. Which outcome depends on the USACE response and we won't know that until we get there. None of that includes working with mitigation, if required. That would be likely with the LOP. Given the options, I'm not sure what format you want this in. Let me know and I'll adjust it. The second one is for the design of the $2.2M alternative, including the geotechnical exploration. So, some of the existing fee ($12,900) would not be billed, but slide over into the design portion. This is $152,400 for the design, $32,700 for the full geotech for a total of $185,100. This fee is through the bid, but does not include construction phase. I have wording in the scope for general and resident representation, but have not included any fee. I wasn't sure what you wanted there. Again, given the information and the current remaining fee, I wasn't sure what format you wanted it in. Let me know what adjustments you want or comments or questions you have and I'll get them taken care of. Are you ready for me to finalize the current report or do you have any comments or changes? Thanks JLR John L. Rutledge, P.E. Freese and Nichols, Inc. 4055 International Plaza St 200 Fort Worth, TX 76109 817-735-7284 jlr@freese.com [cid:image001.gif@01CC3FF6.D4DF9930] Please consider the environment before printing this message. (10/6/2011) Ken Griffin - Re: Fwd: North lakePage 2 ________________________________ This electronic mail message is intended exclusively for the individual or entity to which it is addressed. This message, together with any attachment, may contain the sender's organization's confidential and privileged information. The recipient is hereby notified to treat the information as confidential and privileged and to not disclose or use the information except as authorized by sender's organization. Any unauthorized review, printing, retention, copying, disclosure, distribution, retransmission, dissemination or other use of, or taking of any action in reliance upon, this information by persons or entities other than the intended recipient is prohibited. If you received this message in error, please immediately contact the sender by reply email and delete all copies of the material from any computer. Thank you for your cooperation. SCOPE OF SERVICES Section 404 (Clean Water Act) Permitting NORTH LAKE CONSERVATION POOL PROJECT CITY OF COPPEL, TEXAS Task 1. Conduct Site Visit Freese and Nichols, Inc. (FNI) environmental scientists will conduct a site visit to make observations in the project area in order to describe the existing conditions (environment) and assist with assessing project impacts. The presence and locations of waters of the U. S. and potential threatened/endangered (T/E) species habitat will be identified. Task 2. Prepare Pre-Application Meeting Request (PMR) FNI will prepare a Pre-Application Meeting Request (PMR) for submittal to the U.S. Army Corps of Engineers (USACE) for the City of Coppell’s North Lake Conservation Pool Project. The PMR will include a project location map, project site map, conceptual plans for the proposed project, the approximate area of open water impacts, and a delineation of waters of the U.S. within the proposed project area. Task 3. Jurisdictional Determination (JD) Report FNI will prepare a JD report (delineation of waters of the U.S.) that identifies the presence and locations of waters of the U.S. within the proposed project area. The JD report will be submitted to the USACE as an attachment to the PMR and will include project location and site maps. Task 4. Attend Pre-Application Meeting FNI will attend one (1) pre-application meeting with the USACE in order to discuss project permitting and compensatory mitigation options. Task 5. Prepare Pre-Application Meeting Memo FNI will prepare a memo summarizing permitting and mitigation options discussed during the USACE pre-application meeting. Task 6. Prepare Pre-Construction Notification (PCN) or Letter of Permission 1 (LOP-1) FNI will prepare a PCN or LOP-1 Request for Authorization, as required, based on the results of Task 4 (Pre-Application Meeting with the USACE). Additional Services: 1.Additional meetings with the USACE. 2.Coordination letter to the Texas Historical Commission in accordance with Section 191.0525 (d) of the Antiquities Code of Texas. 3.Presence/absence surveys for federally listed threatened/endangered (T/E) species. 4.Preparation of an individual 404 permit application. 5.Preparation of mitigation plans for compensating for environmental impacts. 6.Application for General Land Office (GLO) easements. 7.Application for TPWD Sand and Gravel Permit. 8.Additional field investigations or analysis required to respond to public or regulatory agency comments, including additional data requests, schematics or drawings of project features. 9.Preparation of Texas Pollutant Discharge Elimination System (TPDES) discharge permit(s). 10.Preparation of Storm Water Pollution Prevention Plan (SWPPP). 11.Consultation with the U. S. Fish and Wildlife Service under Section 7 of the Endangered Species Act. 12.Expert representation at legal proceedings or at contested hearings. 13.Mitigation monitoring if required by permit conditions. Monitoring compliance with permit conditions. 14. DESIGN PHASE SERVICES The project consists of the final design and preparation of plans and specifications for the new spillway at the North Lake Dam to lower the uncontrolled spillway level from the current 510 to elevation 490. Primary components of the constructed project will consist of:  Drop inlet box approximately 10 x 10 x 10.  Approximately 500 to 600 LF of 6’ diameter pipe, either placed in a cut and cover procedure or tunneled.  Reinforced concrete headwall for the outlet of the pipe and transition to the existing chute and stilling basin.  Assocaited grading and erosion protection such as rock riprap and grassing.  Removal of appropriate portions of the existing spillway. The design will be based on mapping information and services provided by others. Permitting, other than that for dam safety regulations, will be covered under a separate agreement. Efforts will include project management and coordination with the design efforts of other improvements on the property, including the attendance at up to four project meetings with the project team and/or Owner. Monthly status reports will be provided. 1.Gather and review existing information that may be available or provided, including: a.Geotechnical and geologic data and mapping b.Available mapping c.Soils reports for the watershed d.Texas Commission on Environmental Quality (TCEQ) dam safety rules and regulations 2.Visit the project site to familiarize the project team with the dam and surrounding area. 3.Perform additional geotechnical investigations at the dam, with up to 4 borings, which would include one at the inlet, two along the pipeline alignment, and one for the outlet structure. Lengths will vary from 35 to 70 feet. a.Subcontract with a drilling contractor to drill the borings at the proposed locations. The borings will be drilled with either continuous flight or hollow-stem augers. Obtain soil samples for laboratory testing using thin-walled sampler tubes in fine-grained soils, perform Standard Penetration Tests in coarse-grained soils to obtain samples and perform cone penetrometer tests on rock in the field. Backfill borings with cement-bentonite grout and plug the upper foot of each boring with concrete sack mix to prevent a tripping hazard. b.Provide an engineer or geologist experienced in logging borings to direct the drilling, log the borings, record the blow counts from the cone penetrometer tests and handle the samples. c.Select samples for laboratory testing, assign tests, deliver samples to a subcontract laboratory selected by FNI, and review test results. Tests expected include classification tests (liquid and plastic limits and percent passing the #200 Sieve), unit dry weight/moisture contents and strength tests (unconfined compression tests, unconsolidated-undrained tests and CU triaxial tests). 4.Update the hydrologic hydraulic analyses from the preliminary phase for flood routing and spillway sizing according to TCEQ requirements given the final alignment and configuration. 5.Perform analyses to demonstrate adequate safety factors as required by TCEQ for the following conditions: i.Excavation slope stability 1. During construction (interim condition) ii.Appurtenant structural stability of principal spillway and outlet works 6.Develop 30% design level plans and technical specifications for the structure. 7.Prepare a 30% design level estimate of probable construction cost for the structure. 8.Develop 95% design level plans, specifications, and contract documents for the structure. Furnish OWNER three (3) copies of drawings and technical specifications, and bid documents marked "Preliminary" for approval by OWNER. Upon final approval by OWNER, FNI will provide OWNER ten (10) set of Final plans and specifications to the OWNER for use in the bidding process. 9.Prepare a submittal package for the improvements for the TCEQ. The submittal package will include: a) the final plans and specifications, b) a design report addressing the investigations, methodologies, and assumptions in developing the design, and c) any application forms required by the TCEQ. Address review comments by the TCEQ, as necessary, to obtain approvals. 10.Prepare an opinion of probable construction cost for the improvements. 11.Upon completion of the design services and approval of final drawings and contract documents by OWNER, FNI will assist OWNER in securing bids. The cost for notifying construction news publications and publishing appropriate legal notice publications shall be paid by OWNER. OWNER will be responsible for obtaining, coordinating, and negotiating bids. a.Assist Owner by responding to questions and interpreting bid documents. Prepare and issue addenda to the bid documents to plan holders if necessary. b.At OWNER request, FNI will assist OWNER in review the qualifications provided by the apparent low bidder to determine if, based on the information available, they appear to be qualified to construct the project. Recommend award of contracts or other actions as appropriate to be taken by OWNER. Pre-qualification of all prospective bidders and issuing a list of eligible bidders prior to the bid opening is an additional service. c.Assist OWNER in the preparation of Construction Contract Documents. Provide 10 sets of Construction Contract Documents which include information from the selected contractor, bid documents, legal documents, and addenda bound in the documents for execution by the OWNER and construction contractor. Distribute five (5) copies of these documents to the contractor with a notice of award that includes directions for the execution of these documents by the construction contractor. Provide OWNER with the remaining five (5) copies of these documents for use during construction. CONSTRUCTION PHASE SERVICES Upon completion of the negotiation phase services, FNI will proceed with the performance of construction phase services as described below. FNI will endeavor to protect OWNER in providing these services however, it is understood that FNI does not guarantee the Contractor’s performance, nor is FNI responsible for supervision of the Contractor’s operation and employees. FNI shall not be responsible for the means, methods, techniques, sequences or procedures of construction selected by the Contractor, or any safety precautions and programs relating in any way to the condition of the premises, the work of the Contractor or any Subcontractor. FNI shall not be responsible for the acts or omissions of any person (except its own employees or agents) at the Project site or otherwise performing any of the work of the Project. These services are based on the use of FNI standard General Conditions for construction projects. Modifications to these services required by use of other general conditions or contract administration procedures would be an additional service. If general conditions other than FNI standards are used, the OWNER agrees to include provisions in the construction contract documents that will require the construction contractor to include FNI on this project to be listed as an additional insured on contractor’s insurance policies. 1.Furnish 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. The compensation associated with providing a Resident Project Representative are not included in this authorization and will be negotiated in a separate contract amendment. 2.Assist OWNER in conducting pre-construction conference(s) with the Contractor(s), review construction schedules prepared by the Contractor(s) pursuant to the requirements of the construction contract, and prepare a proposed estimate of monthly cash requirements of the Project from information provided by the Construction Contractor. 3.Establish communication procedures with the OWNER and contractor. Submit (insert frequency; i.e. monthly, bi-monthly, quarterly, etc.) reports of construction progress. Reports will describe construction progress in general terms and summarize project costs, cash flow, construction schedule and pending and approved contract modifications. 4.Establish and maintain a project documentation system consistent with the requirements of the construction contract documents. Monitor the processing of contractor’s submittals and provide for filing and retrieval of project documentation. Produce monthly reports indicating the status of all submittals in the review process. Review contractor’s submittals, including, requests for information, modification requests, shop drawings, schedules, and other submittals in accordance with the requirements of the construction contract documents for the projects. Monitor the progress of the contractor in sending and processing submittals to see that documentation is being processed in accordance with schedules. 5.Based on FNI’s observations as an experienced and qualified design professional and review of the Payment Requests and supporting documentation submitted by Contractor, determine the amount that FNI recommends Contractor be paid on monthly and final estimates, pursuant to the General Conditions of the Construction Contract. 6.Make up to twelve (12) visits appropriate to the stage of construction to the site (as distinguished from the continuous services of a Resident Project Representative) to observe the progress and the quality of work and to attempt to determine in general if the work is proceeding in accordance with the Construction Contract Documents. In this effort FNI will endeavor to protect the OWNER against defects and deficiencies in the work of Contractors and will report any observed deficiencies to OWNER. The number of site visits for projects will be included in the Task Authorizations. Visits to the site in excess of the specified number are an additional service. 7.Notify the contractor of non-conforming work observed on site visits. Review quality related documents provided by the contractor such as test reports, equipment installation reports or other documentation required by the Construction contract documents. 8.Coordinate the work of testing laboratories and inspection bureaus required for the testing or inspection of materials, witnessed tests, factory testing, etc. for quality control of the Project. The cost of such quality control shall be paid by OWNER and is not included in the services to be performed by FNI. 9.Interpret the drawings and specifications for OWNER and Contractor(s). Investigations, analyses, and studies requested by the Contractor(s) and approved by OWNER, for substitutions of equipment and/or materials or deviations from the drawings and specifications is an additional service. 10.Establish procedures for administering constructive changes to the construction contracts. Process contract modifications and negotiate with the contractor on behalf of the OWNER to determine the cost and time impacts of these changes. Prepare change order documentation for approved changes for execution by the OWNER. Documentation of field orders, where cost to OWNER is not impacted, will also be prepared. Investigations, analyses, studies or design for substitutions of equipment or materials, corrections of defective or deficient work of the contractor or other deviations from the construction contract documents requested by the contractor and approved by the Owner are an additional service. Substitutions of materials or equipment or design modifications requested by the OWNER are an additional service. 11.Prepare documentation for contract modifications required to implement modifications in the design of the project. Make recommendations to the OWNER on the merit and value of the claim on the basis of information submitted by the contractor or available in project documentation. 12.Assist in the transfer of and acceptance by the construction contractor of any Owner furnished equipment or materials. 13.Conduct, in company with OWNER’s representative, a final review of the Project for conformance with the design concept of the Project and general compliance with the Construction Contract Documents. Prepare a list of deficiencies to be corrected by the contractor before recommendation of final payment. Assist the City in obtaining legal releases, permits, warranties, spare parts, and keys from the contractor. Review and comment on the certificate of completion and the recommendation for final payment to the Contractor(s). Visiting the site to review completed work in excess of two trips are an additional service. 14.Revise the construction drawings in accordance with the information furnished by construction Contractor(s) reflecting changes in the Project made during construction. Two (2) sets of prints of "Record Drawings" shall be provided by FNI to OWNER. 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: Investigations of existing conditions or facilities, or to make measured drawings thereof, A. or to verify the accuracy of drawings or other information furnished by OWNER. Assisting OWNER in preparing for, or appearing at litigation, mediation, arbitration, B. dispute review boards, or other legal and/or administrative proceedings in the defense or prosecution of claims disputes with Contractor(s). Performing investigations, studies and analyses of substitutions of equipment and/or C. materials or deviations from the drawings and specifications. Assisting OWNER in the defense or prosecution of litigation in connection with or in D. 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. Assisting the OWNER with any hearings or public meetings that may be needed as part E. of the dam safety permitting process. Providing environmental support services including the design and implementation of F. ecological baseline studies, environmental monitoring, impact assessment and analyses, permitting assistance, and other assistance required to address environmental issues. Performing investigations, studies, and analysis of work proposed by construction G. contractors to correct defective work. Design, contract modifications, studies or analysis required to comply with local, State, H. Federal or other regulatory agencies that become effective after the date of this agreement. Services required to resolve bid protests or to rebid the projects for any reason. I. Visits to the site in excess of the number of trips included in Article I for periodic site J. visits, coordination meetings, or contract completion activities. Any services required as a result of default of the contractor(s) or the failure, for any K. reason, of the contractor(s) to complete the work within the contract time. Providing services after the completion of the construction phase not specifically listed L. in Article I. Providing basic or additional services on a time schedule accelerated from that M. stipulated in Article III. Providing services made necessary because of unforeseen, concealed, or differing site N. conditions or due to the presence of hazardous substances in any form that could not have reasonably been anticipated by FNI. Providing services to review, evaluate, or negotiate a settlement of a construction O. contractor(s) claim(s), provided said claims are supported by causes not within the control of FNI. Providing value engineering studies or reviews of cost savings proposed by construction P. contractors after bids have been submitted. Provide follow-up professional services during Contractor’s warranty period for issues Q. not related to the design services provided by FNI. ARTICLE III TIME OF COMPLETION: FNI is authorized to commence work on the Project upon execution of this AGREEMENT and agrees to complete the services in accordance with the following schedule: Phase 1 – Design: 30% design documents are to be submitted within 120 days from date of execution of this contract. 95% design submittals are to be submitted for review within 90 days of receipt of comments on the 30% set. Negotiation phase services will be based on the Owner’s schedule. The EAP and O&M manual will be completed prior to submittal of the design package to TCEQ. Phase 2 – Construction: Schedule is to be based on the construction schedule negotiated with the Contractor. If FNI’s services are delayed or extended through no fault of FNI, FNI shall be entitled to adjust contract schedule consistent with the number of days of delay. These delays may include but are not limited to delays in OWNER or regulatory reviews, delays on the flow of information to be provided to FNI, governmental approvals, etc. These delays may result in an adjustment to compensation as outlined on the face of this AGREEMENT and in Attachment CO.