2023 09 19 City Council Packet

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We do have funds included in the agreement for the architect to handle permitting and basic 
environmental clearance.  In most cases for a project like this, a simple environmental review process is 
sufficient.  However, at times an agency will return their review with a re quest for a full environmental 
review.  We have asked TDEC to see if they could tell us what would be required for this project, and they 
said they will not know until all the agencies respond to the initial environmental application.  In the event 
a full environmental study is required, the services would be provided by Lose Designs under this 
agreement by billing us the hourly rate from the schedule attached to the agreement. 
 
While we do have funds budgeted in the agreement for Construction Administration to be provided by 
Lose Designs in conjunction with City staff, this is based upon a certain number of visits and reviews as 
outlined within the agreement.  This structure for Construction Administration worked well on the Cook 
and Regional Park upgrade project, but with the stringent guidelines associated with the LPRF Grant it is 
impossible to predict how much Construction Administration will be needed from the designer.  
Therefore, if we require additional services beyond the scope outlined in the agreement the additional 
services will be billed hourly based upon the rate schedule included in the agreement.  The hourly billing 
is the same arrangement written into other engineering and architectural agreements we have routinely 
used for other projects to cover the addition of any services not included in the original scope or that 
exceed the amount of time and resources allotted for each line item within the scope of services. 
 
Action Item 
We recommend that Council approve the agreement with Lose Designs with the understanding that the 
State must also review and approve the agreement.  In the event the S tate requests any substantive 
modifications to the agreement, the updated agreement will be returned to the Council at a future 
meeting for approval.   However, we would ask that the Council  authorize the Mayor to execute an 
updated agreement if the changes are merely technicalities and do not substantially alter the original 
agreement. 
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