ST9905-CN031028October 28, 2003
Mr. Ken Griffin, P.E.
City of Coppell
2.55 Parkway
Coppell, Texas '75019
RE: Bethel Road -Addendum #2Rev ~ 5T 99'~ ~
TranSystems Project No. 20000890
Dear Mr. Griffin:
T~uvSYSrEn~.s
~~2P0/?AT/ON /~,/
C O N 3 ll L T q N T S
This is an additional fee request for additional survey and environmental work associated with
the proposed channel improvements between Freeport Parkway and Coppell Road. The
additional work is summarized below:
Additional Surv~For Drainaee Easements
• Field preparation, field work and boundary resolution associated with locating property
corners for the expected 10 drainage easements between Freeport Parkway and Coppell
Road (2 on the south side of Bethel Road and 8 on the north side of Bethel Road).
Multiple property corners for 6 of the parcels on the north side of Bethel Road resulted in
additional office time and return trips to the field.
• Easement documents for the 10 drainage easements will be completed once the final
channel alignment has been determined. We estimate there will be close to 30 easement
corners marking the 10 easements due to the configuration of the creek.
• Additional topographic survey data is required for the extension of Freeport Parkway
north of Bethel Road. This extension of Freeport Parkway was constructed following the
original topographic survey of the area.
Environmental Consultants Delineation of Jurisdictional Waters and Additional Survey
• An environmental survey by asub-contracted environmental consultant to delineate and
flag the jurisdictional boundaries (waters of the United States) associated with the
channel improvements between Freeport Parkway and Coppell Road. The sub-
consultants proposal is attached.
• Survey the locations of the flags delineating the jurisdictional boundaries (waters of the
United State) associated with the channel improvements between Freeport Parkway and
Coppell Road.
• Additional Project Management hours associated with the above tasks.
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3010 LBJ Freeway, Suite 990 Dallas, Texas 75234 Phone: (972) 280-9300 Fax: (972) 280-971 5
~'~~~__
Below is the summary of the fee for the additional tasks. Also, attached please find a spreadsheet
with a breakdown by task of the hours and fee to perform the work.
Since l~i~" Cat ~
Field Work for Drainage Easements $10,540.00
Easement Document Preparation $3,950.00
Additional Topo At Freeport Pkwy (north of Bethel Rd.) $1,340.00
Environmental Delineation of Jurisdictional Boundary (sub-consultant) $2,500.00
Survey Location of Flags Delineating Jurisdictional Boundary $3,255.00
Additional Project Management Hours $1,600.00
Survey Milage $187.20
Total $23,372.20
The following is not included in the above fee increase request:
• Additional environmental services or permitting services associated with the channel
improvements.
• Additional design or redesign of channel improvements that may be required to satisfy
the COE or other environmental regulatory agencies.
• Construction surveying, including setting easement comers.
If you agree with the additional fee request, please return one signed copy. If you have any
questions, or require additional information, please do not hesitate to call. Thank-you
Sincerely,
TranSystems Corporation Consultants, Inc.
Cra~d~ / ~~
Project Manager
ACCEPTED BY: City of Coppell
NAME
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A
CONTRACT FOR SERVICES
(Time and Materials)
Contractor:
Integrated Environmental Solutions Inc
3100 Indeoendence Pkwv STE 311 - #320
Plano Texas 75075
Contact: Mr. Rudi Reinecke
Telephone: (972) 562-7672
Facsimile: (972) 562-7673
IES Contract No.:
IES Contract Date:
Customer:
TranSvstems Corooration
3010 LBJ Freeway Suite 990
Dallas. Texas 75234
Contact: Mr. Craig Bond
Telephone: (972)280-9300
Facs i m i l e:19721 280-9715
TSC Contract Number:
TSC Contract Date:
Services:
Services are identified in Attachment A, Scope of Services dated 19 August 2003.
Price:
Time and Materials. Compensation for Environmental Services is estimated not to exceed 2 500.00
based on the following Time and Materials Rate Schedule
Personnel:
Biolo isUWetland Scientist, Pro'ect $70.00/hr
Biolo ist/Wetland Scientist, Senior $100.00/hr
Biolo isUWetland Scientist $60.00/hr
404 Permittin S ecialist, Senior $120.00/hr
404 Permittin S ecialist, Pro'ect $80.00/hr
Environmental Scientist, Senior $95.00/hr
Environmental Scientist $65.00/hr
Technical Editor $65.00/hr
CADD/GIS/Gra hics Technician, Junior $65.00/hr
E ui ment and Other Costs:
Vehicle Milea e $0.36/mi
Camera, Di ital $25.00/da
Any other costs will be billed at direct cost:
Information Furnished by Customer
Information to be furnished by customer is identified in Attachment A, Scope of Services dated 19 August
2003.
Special Conditions:
Special conditions are identified in Attachment A, Scope of Services dated 19 August 2003.
Upon acceptance by IES's execution below, this Order constitutes a contract to perform the services
described above in accordance with the terms and conditions identified in Attachment B; subject only to
such Special Conditions as are expressly set forth in this Order.
TranSystems Corporation
(signature)
Name:
Title:
Integrated Environmental Solutions, Inc.
By:
(signature)
Name:
Title:
Dafe:
19 August 2003 Attachment A: Scope of Services
Introduction
Jurisdictional waters of the United States are protected under guidelines outlined in Sections 401 and 404 of the Clean Water Act
(CWA), and in Executive Order 11990 (Protection of Wetlands) The U.S. Army Corps of Engineers (USAGE) has the primary
regulatory authority for enforcing Section 404 requirements for waters of the United States, including wetlands. Examples of
common waters of the United States include
• All waters such as intrastate lakes, rivers, streams (including Intermittent streams), mudflats, sandflats, wetlands, sloughs,
prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect
interstate or foreign commerce.
• Wetlands adjacent to waters (other than waters that are themselves wetlands) identified in paragraphs (a) (1) through (6)
of this section. The term adjacent means bordering, contiguous, or neighboring. Wetlands separated from other waters of
the United States by man-made dikes or barriers, natural river berms, beach dunes and the like are "adjacent wetlands "
Activities requiring construction (i.e., earthwork, placing fill, excavating, constructing dams, diverting creeks, channelizing creeks,
etc.) within waters of the United States generally require a permit from the USAGE. The type of permit depends upon the activity
and the water resources affected. Typical permits include Nationwide Permits, Regional General Permits, Letter of Permission
Permits, and Individual Permits, ranked from simple to complex.
Location
The proposed site is in Dallas County in the city of Coppell. More specifcally the proposed site is a tributary to Grapevine Creek
between Freeport and Coppell Road along Bethel Road. The tributary is approximately 16201inear feet.
Description of Services and Deliverables
For this project, IES will provide professional services to delineate and flag all waters of the United States on the above tract.
IES wetland ecologist and permitting specialist will: determine if the drainage on the site is jurisdictional, delineate the
jurisdictional limits of the streams and any potential on-channel ponds based on 33 Code of Federal Regulations (CFR) 328.3(e],
delineate the jurisdictional limits of any potential wetlands based on the 1987 USAGE Wetland Delineation Manual and current
Regulatory Guidance Letters, prepare a brief letter report with representative color photographs, a delineation fgure, an impact
assessment based on current designs, a summary of the USAGE permitting program and any applicable Nationwide Permits,
section 404 permitting, and construction specifcation recommendations.
Information Furnished by Client
The client will provide any recent digital topographic map or digital aerial photograph of the site. IES will flag the jurisdictional
waters for a survey crew to record locations. The results of this survey will be provided to IES for inclusion in the report. Client
will also provide rights of entry to the entire site.
Special Conditions
None.
Schedule
IES will complete the delineation report within three weeks from coordinating with survey crew to perform the field work and have
appropriate rights of entry. This schedule assumes that the survey crew will provide the survey data in a timely manner.
Cost
Compensation for Environmental Services will be based on time and materials and is estimated not to exceed 2 500.00. This
estimate is based on preliminary investigations from recent aerial photographs, topographic maps, and the soil survey, which all
indicate that this is a jurisdictional stream channel.
Page 1 of 1 Commercial contract Waters of the US Delineation
Section 404 Permitting Assessment
Attachment B: Terms 8 Conditions
Integrated Environmental Solutions, Inc. (IES) shall perform the Services (or the Work) as set forth in the
attached Contract for which these Terms and Conditions will apply. The term "Site" shall mean the
property referred to in the Contract.
t. Amendments. CLIENT may order changes by altering, adding to and/or deducting from the Services
to be performed and any such changes, once agreed to in writing by both parties will become part of this
Contract.
2. Project Costs. This agreement constitutes a Contract in accordance with the Cost Schedule identifed
in the Contract. IES shall submit invoices monthly for services delivered during that period. Payment
shall be made within thirty (30) days of the invoice date. Interest on unpaid invoices of IES shall accrue
and be paid at a rate of 1.5% per thirty (30) days, or the maximum amount allowable by law.
3. Confidentiality. All information and data developed in performance of this Contract, or supplied to or
obtained by IES from CLIENT, or generated by IES or its subcontractors will be afforded confidential
treatment by IES, its agents, employees and subcontractors.
4. Relationship of the Parties. It is understood that all services rendered to CLIENT under this
Agreement shall be monitored by CLIENT; however, IES's daily activity, schedules, health and safety
precautions, methods and means of performing the actual Services shall be the responsibility of the IES.
IES, its employees or subcontractors shall act solely as an independent contractor in performing the
Services and nothing herein shall be construed to create the relationship of employer and employee,
principal and agent, partners or joint venturers between or among CLIENT and IES or its employees or
subcontractors. Except as specifically provided in this Agreement, IES shall have no right or authority to
act for CLIENT and will not enter into any contract or other agreement, or incur any debt, liability or
obligation of any nature in the name of or on behalf of CLIENT.
5. Contact with Government Aoencies. In performing the Services, IES shall cooperate with all federal,
state and local governmental agencies having authority over the subject matter hereof and the
performance of the Services; provided, however, neither IES nor its employees nor subcontractors shall
contact any governmental authority for any purpose without the prior consent of CLIENT except as
required for performance of the work.
6. Representations. Warranties and Covenants.
6.A. Permits & Licenses. In the performance of the Services, IES shall meet all the necessary
qualifcations for and hold any and all applicable licenses or certifcations rbquired by federal, state or
local rules and regulations to perform the work. Unless otherwise specified in the Proposal or this
Agreement, the CLIENT shall be responsible for obtaining all site-specifc permits required by federal,
state, or local rules and regulations.
6.B. Site Conditions. CLIENT will inform IES about location of utilities and secure access to Sites and
CLIENT will be liable for any damage to utilities or the property of others not properly identified to IES.
CLIENT will inform IES of all known or suspected hazardous conditions on the Site, either currently
existing or as soon as CLIENT becomes aware of potential risks
6.C. Due Authorization: Good Standing. IES and CLIENT have the power and authority to enter into this
Contract and upon execution, this Contract will constitute the binding and valid obligations of IES and
CLIENT enforceable in accordance with its terms.
6.D. Payment of Claims. IES shall assume, pay and discharge any and all liabilities, claims or demands
of suppliers, subcontractors or vendors arising out of the Services. IES shall maintain the Site free and
clear of any and all liens, claims or encumbrances of any type or description pertaining to the work
performed by IES.
6.E. Equal Oooortunitv. During the Services, IES shall, in good faith, afford equal opportunity as set forth
under and required by federal, state or local rules and regulations to all employees and applicants for
employment without regard to race, color, religion, sex, handicapped conditions, or national origin. IES
further agrees to afford equal opportunity as set forth and required by federal, state or local rules and
regulations to any lower-tier subcontractors and vendors which are "disadvantaged business enterprises"
or "women-owned enterprises," as defined by federal regulations in effect on the date of this Agreement.
Page 1 of 2 Commercial contract T&C
Attachment B: Terms & Conditions
7. Delays and Termination. IES will complete the Services in accordance with the schedule set forth in
the Contract. In the event Services cannot be performed on or before the projected due date because of
circumstances beyond the control of IES, including, strike, fre, riot, act of God, governmental action, or
action or omission by CLIENT, the schedule shall be amended by IES and CLIENT in accordance with
paragraph 1 of this Agreement. CLIENT or IES may terminate this Agreement upon delivery of prior
written notice should the other party fail substantially to perform in accordance with the terms and
conditions of this Agreement through no fault of the terminating party. In the event of termination by IES,
CLIENT shall compensate IES for the Services performed up to the date of receipt of termination, plus
reasonable costs incurred in terminating the Services.
8. Compliance with Laws. The Services shall be performed in full compliance with all applicable
federal, state and local laws, rules and regulations.
9. Indemnitv. IES shall indemnify, defend, and hold harmless CLIENT from and against any and all
lawsuits, claims, liabilities, actions, causes of action, demands, losses, damages, forfeitures, penalties,
fines, costs and expenses, including, but not limited to, attorneys' fees and expenses, arising from (i) a
breach by IES of any term or provision of this Agreement; or (ii) any error, omission, negligence or
misconduct of IES or its employees, agents or other subcontractors; or (iii) any injury or death of an
employee or other IES employed or retained by IES. CLIENT shall indemnify, defend, and hold harmless
IES from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses,
damages, forfeitures, penalties, fnes, costs and expenses, including, but not limited to, attorneys' fees
and expenses, arising from (i) a breach by CLIENT of any term or provision of this Agreement; or (ii) any
error, omission, negligence or misconduct of CLIENT or its employees, agents or other subcontractors; or
(iii) any injury or death of an employee or other IES employed or retained by CLIENT.
10. Insurance. In addition to any other insurance which IES may be required or choose to carry, IES
shall, at its sole expense, maintain in effect at all times during the performance of the Services under this
Agreement insurance coverages and corresponding amounts in accordance with the attached insurance
certificate. Such policies shall be with insurers licensed to do business in the State of the project. IES
shall pay any and all deductibles or retentions under all insurance carried by IES.
11. Assignments/Subcontracts. Neither this Agreement nor any interest, claim or obligation hereunder
shall be assigned or transferred by IES or CLIENT to any party or parties without the prior written consent
of the other party, except that IES may subcontract portions of the Services to other persons or
corporations.
12. Invalidity: No Implied Waiver. In the event that any one or more of the provisions contained in this
Agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity,
illegality or unenforceability shall not affect any other provision of this Agreement. No failure to exercise,
and no delay in exercising, any right, power or remedy under this Agreement shall impair any right, power
or remedy which any party hereto may have, nor shall any such failure or delay be construed to be a
waiver of any such right, power or remedy or an acquiescence in any breach or default under this
Agreement absent an express, written waiver or acquiescence, nor shall any waiver of any breach or
default be deemed a waiver of any default or breach subsequently occurring under this Agreement.
13. Applicable Law. This Agreement shall be governed by and construed according to the laws of the
State of Texas.
14. Notices: Communications. All notices or communications required or permitted to be given or
made hereunder by any party hereto shall be in writing and shall be deemed to have been duly given if
personally delivered or transmitted by first class, registered or certified mail, postage prepaid, expedited
delivery service, or telegram.
15. Entire Agreement. This Contract and the attachments hereto constitute the sole and entire
agreement between the parties. This Agreement replaces and supersedes all prior discussions and
agreements between and among CLIENT and IES with respect to the matters contained herein.
Page 2 of 2 Commercial contract T&C