ST9905-CS030910 (2)September 10, 2003
Mr. Ken Griffin, P.E.
City of Coppell
255 Parkway
Coppell, Texas 75019
RE:
Bethel Road - Addendum #2
TranSystems Project No. 20000890
Dear Mr. Griffin:
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 Survey For Drainage Easements and Additional Topography
· Field preparation, field work and boundary resolution associated with locating property
comers for the expected 10 drainage easements between Freeport Parkway and Coppelt
Road (2 on the south side of Bethel Road and 8 on the north side of Bethel Road).
Multiple property comers for 6 of the parcels on the north side of Bethel Road resulted in
additional office time and return trips to the field.
· Additional topography beyond the top of the creek bank is required to complete the
channel improvement design. This is in addition to the topographic data collected for the
original Hydraulic Study. This topographic survey involved setting numerous control
points in order to see over f~nces and into back yards abutting the west side of the creek.
In order to conduct the topOgraphic survey on the south side of Bethel Road, additional
control also had to be set due to the loss of original control from recent development on
the north side of Bethel Road.
Easement documents for the 11~[ drainage easements will be completed once the final
channel alignment has been detefi~nined. We estimate there will be close to 30 easement
comers marking the 10 easements/t~e to the configuration of the creek.
· Additional topographic survey data, is required for the extension of Freeport Parkway
north of Bethel Road. This extension~f Freeport Parkway was constructed following the
original topographic survey of the area}xx
Environmental Consultants Delineation of Iufisc~ctional Waters and Additional Survey
· An environmental survey by a sub-contral~ted environmental consultant to delineate and
flag the jurisdictional boundaries (water~ of the United States) associated with the
channel improvements between Freeport Parkway and Coppell Road. The sub-
consultants proposal is attached.
3010 LBJ Freeway, Suite 990 o Dallas, Texas 75234 · Phone: (972) 280-9300 Fax: (972) 280 9715
· 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.
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.
Field Work for Drainage Easements& Additional Topo
Easement Document Preparation
Additional Topo At Freeport Pkwy (north of Bethel Rd.)
Environmental Delineation of Jurisdictional Boundary (sub-consultant)
Survey Location of Flags Delineating Jurisdictional Boundary
Additional Project Management Hours
Survey Milage
Total
$15,810.00
$3,950.00
$1,340.00
$2,500.00
$3,255.00
$1,600.00
$187.20
$28,642.20
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.
Craig Bond, P.E.
Project Manager
ACCEPTED BY: City of Coppell
NAME
SIGNATURE
DATE
CONTRACT FOR SERVICES
(Time and Materials)
Contractor:
Inteqrated Environmental Solutions, Inc.
3100 Independence Pkwy; STE 311 -#320
Piano, Texas 75075
Contact: Mr. Rudi Reinecke
Telephone: (972) 562-7672
Facsimile: (972) 562-7673
lES Contract No.:
lES Contract Date:
Customer:
TranSystems Corporation
3010 LBJ Freeway1 Suite 990
Dallas1 Texas 75234
Contact: Mr. Craiq Bond
Telephone: (972) 280-9300
Facsimile: (972) 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:
Biologist/Wetland Scientist, Project $70.00/hr
BiologistJWetland Scientist, Senior $100.00/hr
Biologist/Wetland Scientist $60.00/hr
404 Permitting Specialist, Senior $120.00/hr
404 Permitting Specialist, Project $80.00/hr
Environmental Scientist, Senior $95.00/hr
Environmental Scientist $65.00/hr
Technical Editor $65.00/hr
CADD/GIS/Graphics Technician, Junior $65.00/hr
Equipment and Other Costs:
Vehicle Mileage $0.36/mi
Camera, Digital $25.00/day
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
By:
(signature) (signature)
Name: Name:
Title: Title:
Date; Date;
Integrated Environmental Solutions, Inc.
By:
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 (USACE) has the priman/
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), mudfiats, sandflats, wetlands, sloughs,
prairie potholes, wet meadows, playa lakes, or natural ponds, the use, degradation or destruction of which could affect
interstate or foreign commeme.
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 USACE. The type of permit depends upon the activity
and the water resources affected. Typ,ical 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 specifically the proposed site is a tributary to Grapevine Creek
between Freeport and Coppell Road along Bethel Road. The tributary is approximately 1520 linear feet.
Description of Services and Deliverables
For this project, lES will provide professional services to delineate and flag all waters of the United States on the above tract.
lES 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 USACE Wetland Delineation Manual and current
Regulatory Guidance Letters, prepare a brief letter report with representative color photographs, a delineation figure, an impact
assessment based on current designs, a summary of the USACE permitting program and any applicable Nationwide Permits,
section 404 permitting, and construction specification recommendations:
Information Furnished by Client
The client will provide any recent digital topographic map or digital aerial photograph of the site. lES will tiag the jurisdictional
waters for a survey crew to record Icoafions. The results of this survey wifi be provided to lES for inclusion in the report. Client
will also provide rights of enb7 to the entire site.
Special Conditions
None.
Schedule
lES will complete the delineation report within three weeks from coordinating with survey crew to perform the field work and have
appropriate rights of enby. 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 I Commercial contract Waters of the US Delineation
Section 404 Permitting Assessment
Attachment B: Terms & Conditions
Integrated Environmental Solutions, Inc. (lES) 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.
1. 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. Proiect Costs. This agreement constitutes a Contract in accordance with the Cost Schedule identified
in the Contract. lES 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 lES 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 lES from CLIENT, or generated by lES or its subcontractors will be afforded confidential
treatment by lES, 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 doily activity, schedules, health and safety
precautions, methods and means of performing the actual Services shall be the responsibility of the rES.
lES, 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 lES or its employees or
subcontractors. Except as specifically provided in this Agreement, lES 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 Aqencies. In performing the Services, lES 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 lES 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, lES shall meet all the necessary
qualifications for and hold any and all applicable licenses or certifications r~quired 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-specific permits required by federal,
state, or local rules and regulations.
6.B. Site Conditions. CLIENT will inform lES 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 lES.
CLIENT will inform lES 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 Standinq. lES 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 lES and
CLIENT enforceable in accordance with its terms.
6.D. Payment of Claims. lES shall assume, pay and discharge any and all liabilities, claims or demands
of suppliers, subcontractors or vendors arising out of the Services. lES 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 lES.
6.E. Equal Opportunity. During the Services, lES 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, lES
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. lES 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 lES, including, strike, fire, riot, act of God, governmental action, or
action or omission by CLIENT, the schedule shall be amended by lES and CLIENT in accordance with
paragraph 1 of this Agreement. CLIENT or IES may terminate this Agreement upon delivery of pdor
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 lES,
CLIENT shall compensate lES 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. Indemnity, lES 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 lES of any term or provision of this Agreement; or (ii) any error, omission, negligence or
misconduct of lES or its employees, agents or other subcontractors; or (iii) any injury or death of an
employee or other lES employed or retained by lES. CLIENT shall indemnify, defend, and hold harmless
lES from and against any and all lawsuits, claims, liabilities, actions, causes of action, demands, losses,
damages, fodeitures, penalties, fines, 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 lES employed or retained by CLIENT.
10. Insurance. In addition to any other insurance which lES may be required or choose to carry, lES
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, lES
shall pay any and all deductibles or retentions under all insurance carried by lES.
11. Assiqnments/$ubcontracta. Neither this Agreement nor any interest, claim or obligation hereunder
shall be assigned or transferred by lES or CLIENT to any party or parties without the prior written consent
of the other party, except that lES 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,
illegalit7 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 Aqreement. 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 lES with respect to the matters contained herein.
Page 2 of 2 Commercial contract T&C