HomeMy WebLinkAboutItem 05 - Golf Course Environmental AssistanceMEMO TO:
FROM:
MEETING DATE:
SUBJECT:
RECOMMENDATION:
HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
ROGER NELSON, CITY MANAGER
AUGUST 19, 2003
AMENDMENT TO GOLF COURSE ENVIRONMENTAL
ASSISTANCE CONTRACT
City Council to authorize the City Manager to execute an amendment to a contract with
Freese and Nichols, Inc. for environmental compliance assistance for the Cowboys Golf
Course in the amount of $26,800.
FUNDING SOURCE:
Funding is available from the Cowboys Golf Club (EAGL) to reimburse the City for this
expense.
BACKGROUND:
The Cowboy's Golf Course is built on U.S. Army Corps of Engineers land subleased from
the City to EAGL/Cowboys. EAGL/Cowboys has had to meet extensive environmental
compliance and mitigation requirements throughout the construction and opening of the
Golf Course. The City is required to insure compliance with all environmental conditions
imposed by the Corps of Engineers. Throughout the project, EAGL/Cowboys have
reimbursed the City for required monitoring of compliance requirements through the 3%
lease/rental payments to the City.
Upon preparation of final monitoring inspections in 2003, it was discovered that the on-site
tree planting mitigation required by the Corps of Engineers permit had not been fully
completed by EAGL/Cowboys. It was determined that additional off site tree plantings will
be required. It will be necessary to submit to the Corps of Engineers a remedial planting
plan and to oversee and report on the planting and survival rates over a 24 month period.
This contract modification is to compensate Freese & Nichols, Inc. for the additional work.
EAGL/Cowboys has agreed to compensate the City for this additional cost over and above
the lease rental fee which we have been receiving, since this work would not be needed
if the on-site mitigation work had been fully completed with when the course was built. A
copy of EAGL's commitment letter is attached.
Staff recommends approval.
WAG/cjc
H:AGMF&W-19-03
August B. 2003 (12:47PM)
9729159095
Sent By: Evergreen Alliance Golf Limited; 9729159095; Aug -12-03 11:18AM; Page 2/3
E
August 12, 2003
VIA: Federal Fxnress
Mr. William A. Gaither
Director of Administrative Services
City of Grapevine
Y.O. Box 95104
Grapevine, TX 76099
RE: Contract Modification for 2003-2005 Additional Services for Cowboys
Golf Club On-site Tree Mitigation
Dear. Mr. Gaither
Grapevine Golf L.P- ("Owner") agrees to reimburse the City of Grapevine
(-Client-) for the Freese & Nichols additional charges in the amount of $26,800, as
specifically setforth in Exhibit A attached hereto. This payment will be far SeTViCCS
rendered on the above referenced project during 2004 and 2005.
Grapevine Golf L.P.
a Delaware limited partnership
By: Grapevine Golf, LLC
Its general er
Signature
Title: P
Date: 1114
U
8650 FPEEPOrU PKWY S. * SUITE 200 IRVINE, Ix 7,5063
(972) 916-3673 - (972) 915-3677 FAX
.. ................
Sent By: Evergreen Alliance Golf Limited; 9729159095; Aug -12-03 11:18AM; Page 313
�a! a• � ro�C e,o�a
CONTRACY CHANGE "TW)RtZATUON FORM
090011 WIN
Client'. a0minisvet-living trBN Pro act N6.: t3tettiilelslid
-M0 AOMID main P.0' Box 953gi• Client COAtt/IC! Rif.:
TgULZIM
TTN: INUlifim 6. 0 ' her Dat®: July G. 2003
uascnpuan oT compr-ion ^ov.v ryr.,r-w.e® ..�� .•••.•:�- --
1. Work with EAGiL to prepare a rernedw tree plentft plan and maps for submittpt to the Corps.
2. Conduct permit compliance monitoring and Vepsre biannual reports through the year 2064.
3. Consult with the Gott Course Developer m9arding scheduling and progress of remedial on•slte mitigatl0n
plentinga,
4. Make site visits to observe EAGt.'s remedial mitigetiw activities, including irripatiort sysxts+n to
4.
and tree planting.
S. Conduct a tree survival survey et the end of the year 2004 growing 6683011, analyze the Bats, and
document the results in the biannual monitorirl0 report. ha Corps repsrding permit t:Ompiiant:8 issues on
6. Consutt with the City, the Golf Course Developer,
the golf course.
'. ConOucl permit compliance moNtoring and prepare biannual reports through the year 2005.
8. Conduct 9 tree survival suNey lid the end of the year 2005 growing season, wWyza the data, and
document the results in the biannual monitoring report, -` -
Compensation shaft be sdqust9d 8e
t. permit compnanca activities estimated for 200312004 517.100-00
2. permit compitancs activities estimated for 2005 $8,300.00
Total $26,$00.00
Currant Contract $173,720.00
Revised Total Contract i $200,520.00
$ChedtNe shall be adjusted as follows:
Completion date will be revised to October 2005•
The above described services shalt procssd upon return a t this Contract Chanyie Authorhatloe, Services WN
be Wiled as they are done. All other pravlslOAS, terms, and sand"" o/ file went for services which 8nr
not expressly amended shalt rerflsin M full force and effect.
o A contr80 modification VAN be submitted.
x Th+s Contract Change Authorization will serve as contract modification.
CLIENT:
BY:
TITLE;
DISTRWJTIONV PM. — GROUP MGR'- asC. LDR.. oaem ► -. COr+tRnCT sorw+k.
soil tNYERNAT1ON" ftAQA. SWIM 280 9 FORT W0011K IeUS 76/6"$06 • igl.9Pl00Mti: 817-735-7304 0 METRO: 6114111.000 0 VAX; $17-796-IN1
Freese
anti
N i c h o ls, Inc. Engineers Env-
ironmental Scientists Architects
4055 International Ptaza, Suite 200
July 9, 2003
Fort Worth, Texas 76109 817 735-7300
Mr. William A. Gaither
Director of Administrative Services
City of Grapevine
P.O. Box 95104
Grapevine, Texas 76099
817 735-7491 fax www.freese.com
RE � E � W E
JUL 10 2003
CITY OF GRAPEVINE
DIRECTOR OF
ADMINISTRATIVE SERVICES
Re: Contract Modification for 2003-2005 Additional Services for Cowboys Golf Club
On-site Tree Mitigation
Dear Mr. Gaither:
Per your recent conversation with Larry Clendenen, I am enclosing two original contract
change authorization forms for your consideration. These forms supersede those sent to you
on May 2, 2003 concerning this same project. We have changed our fee estimate slightly to
put additional pressure on the Corps and to meet with them to encourage a quick decision on
the proposed permit modification.
The services covered by this modification request are described on the enclosed forms and
include items related to permit compliance monitoring and coordination efforts with the
Corps of Engineers and Evergreen Alliance Golf Limited (EAGL) for on-site mitigation. As
you know, EAGL wants to move forward with the planting requirements called for in the 404
permit.
If the Corps will agree to the permit modifications (tree size substitutions and planting
locations) in time to secure planting stock (September 2003,) EAGL should plant trees
during the next dormant season or by the end of January 2004. Assuming EAGL is able
to make the remedial plantings by January 2004, the two-year time period will begin for
the required survival rates. If the plantings meet the required survival rates (50% for
seedlings and 80% for container stock) at the end of the growing seasons in 2004 and
2005, we will be able to submit a final monitoring report for the on-site mitigation by
December 2005.
I estimate that this budget modification will carry us through 2005, barring any unforeseen
issues that might arise. The remedial planting will require biannual monitoring reports for
two years (2004 and 2005), assuming that the plantings meet the success criteria.
Expenditures in the coming two years relate to permit compliance monitoring, including tree
survival counts on the golf course mitigation areas, preparation of compliance reports, and
consultation with the Corps and EAGL and possibly the Corps.
Mr. William Gaither
Page 2 of 2
I anticipate the need to consult with the Corps this year (2003) to get approval for the
modifications to the tree planting areas and size substitutions. We will also need to prepare
maps, review EAGL's planting plan and meet with the City and EAGL.
I anticipate the following activities in 2004:
• January —two field visits to observe remedial plantings, including planting locations,
planting techniques and seedling condition
• February — one field visit to observe areal extent of the completed plantings
• April — one field visit to make observations and prepare a biannual report to the
Corps
• August — one field visit to observe field conditions relative to tree survival and to
prepare for tree counting in the fall
• October — Conduct tree survival count (up to two days) and prepare report to the
Corps
Activities for 2005 include:
• April — one field visit to make observations and prepare a biannual report to the
Corps
• August — one field visit to observe field conditions relative to tree survival and to
prepare for tree counting in the fall
• October — Conduct tree survival count (may take two days) and prepare report to the
Corps
Our estimated fee assumes that an EAGL representative will be present during all site visits
to discuss observations. It is also assumed that EAGL will accompany and assist us during
the tree survival counts upon request. This should allow us to point out any deficiencies that
might be observed without having to make additional site visits to meet with EAGL's staff.
Freese and Nichols, Inc. will send one scientists to conduct the on-site seedling survival
counts.
Thank you for the continuing opportunity to serve the city of Grapevine on this project. If
the services and fee presented on the enclosed change forms are acceptable, please sign both
forms, keep one for your records and return the other for our files. Please call me at (817)
735-7272 if you have any questions regarding this request.
Wteven
u�
Lg
. Watters, PWS
Discipline Leader
Environmental Assessment and Permits
Enclosures
xc: Mike Nichols
Barbara Nickerson
Jana Collier
File GPV99196/2.10
[GPV99196] TAContracts\Contract Mod July 1 on site original permit cover.doc
to
■
ra
FREESE - NICHOLS
CONTRACT CHANGE AUTHORIZATION FORM
Client: _ City of Grapevine
F8tN Project No.: GPV99196
Administrative Services
200 South Main P.O. Box 95104
Client Contract Ref.:
Grapevine, Texas 76099
ATTN: William A. Gaither
Date: July 9, 2003
Project Description: Cowboys Golf Club
Description of Services Added For On-site Tree Mitigation Compliance:
1. Work with EAGL to prepare a remedial tree planting plan and maps for submittal to the Corps.
2. Conduct permit compliance monitoring and prepare biannual reports through the 2004.
year
3. Consult with the Golf Course Developer regarding scheduling and progress of remedial on-site mitigation
plantings.
4. Make site visits to observe EAGL's remedial mitigation activities, including irrigation system construction
and tree planting.
5. Conduct a tree survival survey at the end of the year 2004 growing season, analyze the data, and
document the results in the biannual monitoring report.
6. Consult with the City, the Golf Course Developer, and the Corps regarding permit compliance issues on
the golf course.
7. Conduct permit compliance monitoring and prepare biannual reports through the year 2005.
8. Conduct a tree survival survey at the end of the year 2005 growing season, analyze the data, and
document the results in the biannual monitoring report.
Compensation shall be adjusted as follows:
1. Permit compliance activities estimated for 2003/2004 $17,500.00
2. Permit compliance activities estimated for 2005 $9,300.00
Total $26,800.00
Current Contract $173,720.00
Revised Total Contract $200,520.00
Schedule shall be adjusted as follows:
Completion date will be revised to October 2005.
The above described services shall proceed upon return of this Contract Change Authorization. Services will
be billed as they are done. All other provisions, terms, and conditions of the agreement for services which are
not expressly amended shall remain in full force and effect.
A contract modification will be submitted.
X This Contract Change Authorization will serve as contract modification.
FREE
BY:
TITLE:
DATE:
DISTRIBUTION: PM, GROUP MGR.,
CLIENT:
BY: _
TITLE:
DATE:
DISC. LDR., OPER, ANAL., CONTRACT ADMIN.
4055 INTERNATIONAL PLAZA, SUITE 200 a FORT WORTH, TEXAS 76109-1895 • TELEPHONE: 817-735.7300 • METRO: 817-429-1900 • FAX: 817-735-7491
19Pv991961\\CI,Wli CONTRACTt2oo3\Contract Change Audw izWM\GPV991% Fa Mod Request July I on sitz original pemut eovu.doc