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RES 2002-0888 - Contract with T&R Excavating for removal of trees on north side of Candlewood Dam o 4,4 REC E 1V. E N1AHA,N (oilt /+ �'s� Public Works Department t$1.`~'` r B 't" 2." 0 Omaha/Douglas Civic Center ® 7:eD +! a December 1 1 , 2001 i819 Farnam Street,Suite 601 °'•W Omaha,Nebraska 68183-0601 °o �v CITY Y �'',�`� (402)444-5220 �4ren Feenr4 } Telefax(402)444-5248 City of Omaha (?T''�AE� , �'Nl�u{� Norm Jackman,P.E. Mike Fahey,Mayor Acting Public Works Director , Honorable President and Members of the City Council, • The attached Resolution approves the contract with T&R Excavating, as recommended by the Mayor, for SP 2001-06A, being the removal of trees on the north side of Candlewood Dam. The following bids were received on October 31, 2001. A detailed bid tabulation is attached. Contractor Total.Bid William Snow Removal $13,800.84 T&R EXCAVATING $32,330.00 (RECOMMENDED BID) Heimes Excavating Company $35,802.00 Tri-County Grading $43,456.00 Negus-Son, Inc. $52,750.00 Ke-beck Company $61,046.14 The Public Works Department recommends the award to T&R Excavating, the second bid received, because the low bidder, William Snow Removal, was not able to obtain a performance bond for this project. The contractor has on file a current Annual Contract Compliance Report Form (CC-1). As is City policy, the Human Relations Director will review the contractor to ensure compliance with the Contract Compliance Ordinance. The Finance Department is authorized to pay the cost of SP 2001-06A, from the Storui Sewer Bond Organization 1510, Fund 389, Agency 140, Year 2001 Funding. The Public Works Department recommends the acceptance of the bid from T&R Excavating, in the amount of $32,330.00, being the lowest and best bid received, and requests your consideration and approval of this Resolution. Respectfully submitted, Referred to City ouncil for Consideration: ---.--d...LALL_ ////9/a/ X W---- /° (7 " //-. 2— 0/ N Jackman, P.E. Date Mayor's Of ice Date Acting Director Approved: Approved: d„0.1, 1;04-",1/4_, ///2a/ . 00/ Stanley P. T. �� Date Reg ald L. Youn / iJ/ Finance Directo Human Relations irecto 41 P:\PW2\10639f doc Ii BID TABULATION City of Omaha Public Works Department William Snow Removal T&R Excavating Heimes Excavating Co. Project No. SP 2001-06A 2871 Bauman Ave. 6139"0"St. 9144 South 147th St. The Removal of Trees on the North Side of the Candlewood Dam. Omaha,NE 68112 Omaha,NE 68117 Omaha,NE 68138 fund/agencylorgn 389-140-1410 Advertised October 17,2001 Bid date October 31,2001 Engineer's Estimate LOW BID Line Item# Description Quantity Unit Price Total Price Total Price Total Price Total Remove trees according to drawing LS 19,999.00 13,800.84 32,330.00 35,802.00 Hourly cost per Item 7 of drawing HR 290.00, 395.00 Sheen It BID TABULATION City of Omaha Public Works Department Tri-County Grading Negus-Son,Inc. KE-BECK CO. Project No. SP 2001-06A 6502 Sagarmatha Plz 6100 North 16th St. 10511 Second Ave East The Removal of Trees on the North Side of the Candlewood Dam. Omaha,NE 68152 Omaha,NE 68110 Kearney,NE 68847 fund/agencylorgn 389-140-1410 Advertised October 17,2001 Bid date October 31,2001 Line Item# Description Quantity Unit Price Total Price Total Price Total Price Total Remove trees according to drawing LS 43,456.00 52,750.00 61,046.14 Hourly cost per Item 7 of drawing HR 238.00 600.00 149.22 Sheet2 444 C-25A CITY OF OMAHA LEGISLATIVE CHAMBER Omaha,Nebr December 1 1 , 2001 RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: WHEREAS,bids were received on October 31, 2001, for SP 2001-06A, being the removal of trees on the north side of Candlewood Dam; and, WHEREAS, T&R Excavating submitted a bid of $32,330.00, being the lowest and best bid received, for SP 2001-06A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA: THAT, the bid of$32,330.00 from T&R Excavating for SP 2001-06A, being the removal of trees on the north side of Candlewood Dam, being the lowest and best bid received, be accepted and the contract be awarded. BE IT FURTHER RESOLVED: THAT, the contract with T&R Excavating, as recommended by the Mayor, in the amount of$32,330.00, is hereby approved. BE IT ALSO FURTHER RESOLVED: THAT, the Finance Department is authorized to pay the cost of SP 2001-06A from the Storm Sewer Bond Organization 1510,Fund 389, Agency 140, Year 2001 Funding. APPROVED AS TO FORM: q CITY ATTORNEY DATE P:\PW2\10640f.doc DEC 18 2001 •-- t3/ /40 4�/e, p �o2 �� �siG�'e/' A • 091�/ de//� /o; ediZAi/'o/i / 2 /8�a� . c cdic�44 d a 9° JAN s zaoz - � / // q//e9/ ree 5p>�4/ z%o1 - e ; 1/jo /0/1, /!©.cu� 1, /� Oet40�G►`�',j e/am / i to7(, ze/iw4d4 y to4 . , 17e--44 ‘2,40/2#4e/15.0,1 By f�/`o�./ J ouncilmember FEB - 5 2002 - /0/&/eVe/ 341a Adopted :.DEC.i.20111- 7-0 MAR 1 2 2002 - /,d Over''o a� o e'' . ... .�>>� APR - 2 2002 - Q/ v z<o y/�i6a City Clerk ApR - 9 9(i02 _ Adopted 0 4 s, 7/jo/� o z Cipe/rz'or) Approved... ,��.041V1/. -,-, /. /� o f' . M or rove �a �/ Ad ilded J'�� e/t5 /2 r.21,8 O c jr ri �wir - DEC 1 8 2 el —�c3/y0- cam✓o/J �/! G>/ C�//z�i /o/L�4/ OBI 1 If . aP ) "dr Resolution by 0 �0 0 flaa.c .2 de-/ Res. approving the contract with T&R JAN 8 2002oe "'idei laA Excavating, as recommended by the Mayor, ,4e?O, S/�'t�' /O12 6CQf/Ie.d a2 ` , 1� for SP 2001-06A, being the removal of trees ./ ��,��� , + ' on the north side of Candlewood Dam to be � � ' J/ " ' 1 , , paid from the Storm Sewer Bond - i'4Z4�I ea b y ©fie/" 7 , ` Organization 1510, Fund 389, Agency 140, ��� 4r,-'/eQ"c52. g g Y Vee.cJ 42 Year 2001 Funding, in the amount of ,�/Q � ��� ,' ' $32,330.00. F B 5: 2002 -16279' %�°,22d4 P:\PW2\l0640f.doc Oder 6'a/e.ed LLo 6/42/O a2 /vie0"7-0 / 42. /MAR 1 2 - ' n- Y/444 4 Kra ++, 4j0/. 0//�'� cJ4. ��' O O,,, e4 /� °tier Qee/eV- S Z'o •z oat. SCE �l �/' e C.t PAS ,lD/I 4/vVeli -3 �4 /46; 975e4Atej/1 yam G6, .6 , .u,� e . . ort©4 / yam , APR - 2 2002- ��� ,, 4 � h &ie/' . < i�e 1W' Presented to City Council APR 9 2002 - ,e25,7 / . e dew /O wee, 6/rya p 5. f/ . DEC 1 1 2001 yeaa: lam 4 ) e/ - a4 -4.c,� ova^y 4 0 ,.B.b -n V4Z 2 // . Z -y yeas; O'eivii , /00• ,144./4cs ....o . . ..... .... .. ..S, �6 f Tian, cS' e/sO4 Illar.yews, d`,�/��� � /� t � , >� 1244.. iguJter grow 56"S'Agiffee City Clerk 1 Candlewood Hearing! Page 1 of 2 Kraft, Marc(CCou) From: Steven R. Wolf [StevenWolf@guildcommunications.com] Sent: Tuesday, April 09, 2002 10:20 AM To: Chuck Sigerson; Garry CCou Gernandt;jvokal@ci.omaha.ne.us; fthompson@ci.omaha.ne.us; dwelch @ci.omaha.ne.us; mkraft@ci.omaha.ne.us; fbrown@ci.omaha.ne.us Cc: Kerry T. Winterer; KERRYW; James F. Kasher; Stephen D. Mossman Subject: Candlewood Hearing! Gentlemen, In accordance with Nebraska Statute, the Candlewood Homeowners Association has applied for an administrative hearing with the Nebraska Department of Natural Resources. Our application for this hearing has been faxed to Mr. Sigerson at 10:15 am this morning. DNR director Roger Patterson has personally approved this request, and should be sending correspondence at any moment asking that you all allow for our legally protected right to due process be respected and unimpeded by any council decision that could undermine this due process. It is difficult to say how long this due process will take. It could be anywhere from 30 to 60 days. We understand that Mr. Patterson will seek to expedite scheduling this hearing. We respectfully request that you consider taking one of the three options. First, please consider amending the current motion to remove from further consideration the tree excavation contract until such a time that the statutorily protected right to due process and a hearing is complete (regardless of the timeframe). Second, simply vote no on awarding the contract. There is nothing preventing the Public Works Department from reintroducing the measure once our statutorily right to due process is completed. Third, vote to delay further consideration of the measure for approximately 70 days, which should be ample time for the state level administrative hearing and due process to run its course. Please do not forget that this whole process was launched after our Association in good faith was seeking to address legitimate concerns with the public works department. Mr. Harry Owen in writing told us verbally and in writing that he would work with us to identify appropriate methods to address these concerns. Instead of the direct meeting he promised, we found out almost by accident, that Public Works was introducing the contract to the council for approval. This 4/9/2002 Candlewood Hearing! Page 2 of 2 situation has inappropriately been in a reactive mode ever since. The interlocal agreement between the City, NRD our Association and former SID explicitly states in Section 8, City Duties, paragraph c, that the city shall "satisfy all recommendations and deficiencies that are reported in the State of Nebraska Inspection Records, and cooperate with SID and CHA in obtaining approval of the State of Nebraska for the continued maintenance of trees across the top of the Dam." Outside of the city council, we have seen virtually no recognizable good faith effort to honor this legally binding commitment from the City of Omaha. Essentially this legally binding agreement must cooperate and recognize our right to due process since the hearing process is with the State of Nebraska and is directly related to continued maintenance of the trees across the top of the Dam. We ask you to ponder an additional issue surrounding this entire matter. If Public Works and certainly every council member is concerned about public safety, why hasn't the only remotely legitimate public safety issue involving the dam been addressed? After two years, why hasn't the emergency spillway been improved? We have heard some council members express concerns about residents down stream, yet this vital safety feature of the dam has not been touched. Your time and consideration regarding this matter is greatly appreciated. Respectfully, Steven Wolf Board Member Candlewood Homeowners Association • 4/9/2002 • 0ri09/, 2o2 09: 13 4029349263 • GUILD COMMUNICATIONS. PAGE 01 APR-09702 TUE 10:05 AM MATTSON RICKETTS LAW FAX NO. ' 4024750105 P. 03 ij �- IVE ALL GM'S _ I DIST.#1 I LAW orPiCEo D1ST.1y2 1 S ' DjTy,,,-3MATTSCN11z Rr,aK57Ts, DAVtEe, S1'f~WAR7' 80241111FL9 71'�L L• /1 COVER' UST r`.-`4 1249CLITM ISTH MEET..-.IJITg 1;..00 .�KU Oa A�'IATTSON TNDMA9THL •MDAviEa DIST.#5 nwD.l MA gal LawAYNR i...EIT DISI./IS LINCOt%NEBRASKA AOSoB.IHo1 r^ 7 _ LEwiE R.R►asetra RE6INp1.0 S,K,uHN DIST'''-r �•-^— FIVtf4OA>475•dtOG 0H. H Y e`r... AYMOND K.GAL IN61 RCTIRCO r/TM,CH O. Mora RAW CH.OF STAFF__-a_..1 v C40i+)b7S-ea3$ 4. N S RANDALL V. FcTCRSEN STAFF ASK A J,L.SPRAY' CITY CLERK-.._ I ✓ wxwmaneaMsecuffE m FCourrcCL JAoaucLINE M.TcassNaok )BEYiS F- JCN o W.SYCwART DANIEL L.wNCRRr .m.40 aµroz,11COLOMA00 APR 0 EAUDA0W47CAMMO rj L rI *AM'ORATES IN FA"� Ft 11\\ �U iAns/6 rd April 9_,2002 -- Past-ir Fax Note • 7671 Dale Lf,. pAgess VIA I ANR DELIVERY To VCt a., from to CoiDapt. Cewe I (el, co. c A 4 PHone# Phone B s( i_oz i Roger K.Patterson,Director FAT„ Nebraska Department of Natural Resources Fax# •.Y 4th Floor,State Office Building 1 • . 301 Centennial Mall South Lincoln,NE 68509 RE: In the Matter of Tree Removal Issue at Candiewned Dam Dear Roger: Enclosed please find for filing the original and one copy of a Petition for Hearing in the Matter of the Tree Removal issue at Candlewood Pain. Also enclosed is a Ming fee in the amount of $10,00. Please file the original and return a file-stamped copy to me in the self-addressed enclosed envelope. Pursuant to our discussions on Monday,April 8,2002,we would also ask that you communicate that this Petition for Hearing has been±fled with the City of Omaha which can be contacted as . follows: ' City Council ATTN: Chuck Sigcrson,sr.,President 1819 Farnam Street,Suite LC-1 Omaha,NE 68183 Fax No.(402)444-5263 Public Works AWN: Norm Tacicnan,Acting Director Fax No. (402)444-5248 As you know,the Omaha City Council has a contract letting for the project being appealed on their agenda for their meeting at 2:00 p.m.today. • Thank you for your assistance in this matter, If you have any questions regarding this,p1ea:,e give me a call. J4 . 04409/200,2 09:13 40293492b3 WILD ( UMMUNlUAITUNS -AU± b2 • } AP1-09-02 TUE 10:06 AV! MATTSON R I CKETTS ILAI4 FAX NO. 4024750105 P. 04 • April 9,2002 Page 2 Very truly yours, Stephen D.Mossman SDM/sb Enclosures • cc: Steve Wolf(via facsimile) Deny Winterer(via facsimile) • 0n/•09/2002 09:13 4029349263 GUILD COMMUNICATIONS PAGE 03 APR-09-02 TUE 10;06 AM MATTSON RICKETTS LAW FAX NO. 4024750105 P. 05 BEFORE THE DEPARTMENT OF NATURAL RESOURCES STATE OF NEBRASKA IN THE MATTER OF ) TRB.E REMOVAL ISSUE AT ) PFTITK)N FOR I-TEARING CANDLEWOOD DAM. ) COMES NOW the Candlewood Homeowners Association,Petitioner,by and through its counsel,pursuant to Nebraska Administrative Code Title 454—Chapter 9,and states as follows; 1. The Candlewood Homeowners Association(hereinafter"Candlewood Homeowners")is a Nebraska corporation with its principal place of business in Omaha,Douglas County,Nebraska. 2. Candlewood Homeowners is the fee title holder to a portion of a flood control atructuxc,,commvnly referred to as the"Candlewood Dam,"and is the fee title holder to an impounding lake,commonly referred to as"Lake Candlewood,"which property is legally described as Lot 303, Candlewood, a subdivision in Douglas County,Nebraska. 3. The Petitioner has held joint management responsibility for Candlewood Lake and Dart,pursuant to an Intorlocal Agreement between the City of Omaha,Nebraska,the Paplo- Missouri Natural Resource District,Sanitary Improvement District No.236 of Douglas County, Nebraska,aiul the Association, 4. On nr about April 5,2002,DNR Director Roger K.Patterson issued a letter regarding the Tree Removal Issue at Candlewood Dam concluding that,"The downstream row of trees should be removed and that the removal should be accomplished in accordance with plans and specifications prepared by E&A Consulting Group." A copy of the letter is attached hereto as Exhibit"A" and incorporated herein by reference. 5. Petitioner is a party aggrieved by the action of the DNR Director, 04/09/2002 09: 1J 402YJ492ba UU1LV UUMMUN1UHI1UN5 rHut n4 APR-09-02 TUE 1.Q:06 AN MATTSON RICKETTS LAW FAX NO. 4024750106 P. 06 WHEREFORE,Candlewood Homeowners respectively requests a hearing to determine whether the removal of the downstream row of trees on Candlewood Dam is consistent with the rules,regulations, guidelines,and statutory authority of the Nebraska Department of Natural Resources,including but not limited to Nob.Ray.Stat. §46-257(E.eisaue 1998). 'MA Petitioner further requests that following hearing,the conclusion of the Director with respect to the tree removal be reversed, CANDLE WOOD HOMEOWNERS ASSOCIATION,Petitioner By Its Attorneys, MATTSON,RICKETTS,DAVIES; STEWART&CALKINS 134 South 13m Street,Suite 1200 Lincoln,Nebraska 68508-1901 Telephone No.: (402)475-8433 Facsimile No.; (402)475-0105 Email: sdm@msttsonhiekelts.cam Stephen . Mossman,#19859 One of Said Attorneys CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy of tho foregoing was served via United States mail,postage prepaid,on the ' day of April,2002,the following maned parties or their attorneys: Roger X.Patterson,Director Department of Natural Resources 301 Centennial Mall South,4m Floor P.O.Box 94676 Lixtcoln,NE 68509-4676 Attorney of Retoro b4/by/1bb1 by:l:J 41i2y:j4ylb:J WILD UUMMLJNIGH 11UN5 F'H(�t b5 ` RrR-08-02 TUE 10:05 6M MATTSON RICKETTS LAW FAX NO, 4024750105 P. 02 LAW DerieF% MATTSON, RICK;~TTS, DAVIES, STRWART & CALKINS APRIL D.Covsat 174yauTN IATNafl16ET,sulrc 1200 C.Ruaecr,L MATTEOn THemke M.Dnv{E6 tioa6.18.8J LAWAYNE L FEIT LINCDLN,NCOtIA9 KA A®SCB-190r LCTit,R.RIcK 1T. RcDINALD a, KUHN tIP1D.laya) PAX l,toR!h75.Dros STCaNRN❑. Mess AN' RA .IOND K.CALKIHg, AeTI{9C6 RANDALL V.PercILaRN t.vonA 4ye-b4oa J. L.SPRAY two mattotTti O6e tam ar cOLLN6CL JAegvRLINY.M.TEBSENDORF JOHN W.STEWART DAN IKL F.',WM4NNY •ALSO A00411 D IN coLaw40 PALM ADMIT co IN lei f� TA co AoPKrteLe IN NANDM April J((11,2002 VIA_I+ACS1MAU Kerry Wi terer,President Steve Wolf,Chairman Lake Management Committee Candlewood Homeowners Association P.O.Box 67 Boys Town,NE 68010 RE: In the Matter of Tree Removal Issue at Candlewood Dam Dear Kerry and Steve: Enclosed please find the following: 1. Cover letter to Department of Natural Resources Director Roger K.Patterson. Petition for Hearing. The Petition for Hearing was filed at approximately 10:00 a.m.this morning and the cover letter requests that Mr,Patterson contact the City of Omaha regarding the filuag of the Petition. I • would also ask the Association contact the Omaha City Council regarding the same, If a hearing is granted in response to the Petition,it will be several months dowel the road. Typically,the first orders issued are an Appointment of Hearing Officer and an Order Of Preheating Conference. The orders are usually Issued within the next 30 days. TI►e actual hearly,g date is set at the Preheating Conference. On belie]f of the Mattson Ricketts Law Firm,we appreciate the opportunity to be of service to you in this matter. I will prepare and send to Kerry a formal Fee Agreement outlining our relationship. If you have any questions regarding any of this,please give me a call. I will be iil Dakota County after 1 t:00 a.m,but can be reached on my cell phone at(402)560-7540. Very truly yours, 4 Stephen D.Mossman SOM/sb titelosures • • • • aro ° dto o ad : P o C) n cn 0 o t7 o CD ,� czki � aC . 0 co o `. CD • CD o c nO pI cn • • \ CD a Cn O o E nl7 td Q 0 d •o• C) o • CDCo °o - n P '-t RECFIVF (' INTER-OFFICE COMMUNICATION 02 FEB -4 Pr; 3: 014 February 4, 2002 CITY CLERK p .ti I11 , N ( K TO: Honorable President and Members of the City Council FROM: Norm Jackman, P.E.,Acting Public Works Director SUBJECT: Candlewood Homeowners Association Study The study commissioned by the Candlewood Homeowners Association (CHA) concerning the trees on top of the Candlewood Dam was received late on Thursday, January 31. Public Works would like to have additional time for our consultant (HDR) to review the report and to submit both the report and our analysis to the State Department of Natural Resources for review and comment prior to decisions being rendered. Therefore, Public Works requests that any Council action be delayed until March 12. • \ . oA 0 §/ $ p • kn A - ? \ / ] Q J t = & 1 / E" d•� g o d 0 \ / § a % �. o 0 § o w 3 \ q \ R " ? • cn 3• / § 7 0 m \ 0 \ ' / ") j 5 / b. / q \ 4 ° • k [ q ¢ q / • 0 \ ?ƒ § (Cr@ O 7 2 G ? / \ � . / /- \ 7 7 : Brown, Buster (CCIk) From: Owen, Harry(PWks) Sent: Monday,April 01, 2002 3:56 PM To: Jackman, Norm (PWks); Sigerson, Chuck(CCou); Festersen, Pete (Mayr); Andersen, Lou (CCou); Brown, Buster(CCIk) Cc: Austin, Rod (CCou) Subject: Candlewood tree issue I just received a phone call from Dennis Hurtz, State Dam Safety engineer, about the Candlewood tree issue. He says that they will not be able to write a letter to respond to the latest meeting with the Homeowners Assn. in time for tomorrow's City Council meeting. He asked that we lay over the decision one additional week. He expects to have a letter by the end of this week. • APR.01'2002 16:05 402 471 2900 DEPARTMENT OF NATURAL RESOURSES #7606 P.002/002 . . STATE OF NEBRASK4i DEPARTMENT OF NATRAL RESOURCES Roger K.Patterson i u� Director April 1, 2002 r.. 1N REPLY REFEA TO: Mika Johanns G oernor Iterry Winterer,President Steve Oltmans,Manager. Candlewood Homeowners Association Papio-Missouri River NRD PO Box 67 8901 South1.54th Street Boystown.,NE 68010 Omaha,NE 68138-3621 Norm Jackman.,P.E. Acting Public Works Director 1819 Farnam Street, Suite 601 Omaha,NE 681.83-0601 SUBJECT: Tree Removal Issue at Candlewood.Darn Dear Sirs: l Due to other demands we havedi been��n �e� complete 2� �2meeting. T usrev1ew of review�wi be matters relative to this issue as we in completed by Friday,April 5,2002, or, soon.eti. Your patience on the resolution of this issue i appreciated. Sincerely, • (R1t'Q - Roger I . Patterson Director dh. ctrshnrelpautcrson 301 Centennial Mall South.4th Floor • P.O.Box 94676 • 1Jnco n.Nebraska 68509-4 76 • Phone( 0Z1471-2363 a.Telefax(402)471.-2900 An Equal opportohlty1A/Prmottac Action rlrrplow 4 Printed wdtk say Ink on morbid paper / A . AD§ CD / q 3 IV 0 ° ] /• k e < o0R '_ k6 q . o ƒ U 5 .0 7. n CD _ . \ •• / k q cJ o § R • ' o gI ° y • ' ¥ m • . - ƒ % y _ ® § % E / . m 3 \ . ' 9 Q o 9^< C 0 R 0 INTER-OFFICE COMMUNICATION Omaha Public Works Department To: Council President and Councilmembers Through Buster Brown, City Clerk From: Harry Owen, Engineering Services Manager Subject: Candlewood Tree removal Date: December 14, 2001 I have been involved in the Candlewood Dam issues for four years. During that time, I have met with member of the Candlewood Homeowners Association between 15 and 20 times. The agreement that was worked out with the Association said that we (the City) would cure all defects identified by the State. At that time, the State said both rows of trees would have to be removed. We also agreed to fund a complete engineering study which, among other things, would see if any of the trees could be saved. The NRD and the City have spent nearly$75,000 on two studies. The first one was provided to the Association nearly two years ago. It said that one row of trees could probably be saved since the dam was slightly overbuilt when compared to the standards that were in place at the time it was originally designed. It is NOT overbuilt enough to save both rows of trees. The second study was provided to the Association nearly a year ago, which confirmed and expanded the earlier study. Some members of the Association are, and have always been, against taking out any of the trees. I have consistently told them that they need to hire a competent engineering firm in the field of dam engineering to do their own structural analysis. The Association has not done that, even now. I have no problem with the Candlewood Homeowners Association obtaining an independent engineering analysis. However, what they have presented is not that. Besides the technical dangers in the two-page proposal, what is being proposed will not make any difference whether or not they find the sand drain. The structural analysis done by HDR shows that one of the rows of trees must go. We chose the north row because of the location of the sand drain. The proposal by the Association specifically says that the soil company they hired to do the drilling will NOT do any structural engineering. It says that they will ONLY identify if what they find is sand or dirt. That alone will add nothing to the discussion. Attached is a copy of the original engineering drawing showing where the sand drain should be. As you can see, it is vertical and only two-feet wide. Drilling a vertical four-inch diameter hole could easily miss the drain. In addition, the proposal makes the very questionable statement that the firm will fill the hole with Bentonite when they are done. Bentonite swells with water and blocks the flow of water. If the hole does not find the sand drain, that is good. However, if the hole does find the sand drain, filling it with Bentonite is irresponsible. That will harm the sand drain, which is designed to pass water, not block it. I do not believe that certain representatives of the Homeowners Association are trying to honestly find the truth of the matter. They are trying to use smoke and mirrors to obscure the facts. Politic/Cndlwd-l.doc cc. Jennifer Mahlendorf Norm Jackman Lou Andersen . 1 . . r . -, i• v , , t• . 0 / 11 ,. . , 6 , r, , ,. . 4.. / 1 j!..1 5 / , i! J 1 I,—t,. p . I! .: il, p ii i t• . . e . . . i•eA 1 ,• . . ...1. 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F N 0. ed•Z.4) '\*(1k • g 0 0 • U - pi, 1 \ �• , \ w. cr tTw�1 FARM -24 INtd AANCI NEIG OD s.rnv.0 ti - -1- January 30,2002 Attn: Steven Wolf Candlewood Homeowners Association 12930 Izard Street Omaha,Nebraska 68154 Phone:402-445-2333 Fax: 402-934-9263 Re: Dam Evaluation Services Candlewood Dam Omaha,Nebraska PSI File Number 172-25010 Project Authori7atiort Professional Services Industries, Inc. (PSI) has completed an evaluation of the Candlewood Dam in Omaha, Nebraska. Mr. Steve Wolf Chairman of the Candlewood Homeowners Association Lake Management Committee, authorized our services on January 9, 2002, by signing our Proposal of Services. This exploration was accomplished in general accordance with PSI Proposal Number 172- 002 dated January 9,2002. Scope of Work The scope of work for this project consisted of reviewing HDR Engineering, Inc.'s report titled, "Lake Candlewood Dam Report", dated December 1999, and prepared for E&A Consulting, set of 5 drawings prepared by Elliott & Black entitled "Candlewood Dam" which were approved by the Department of Water Resources on May 2, 1972, and one drawing prepared by Elliott & Black entitled "Boring Location Plan" dated March 13, 1972, and specifically, Section III — Tree Assessment of HDR Engineering's report on the Candlewood Dam. Our review of the tree assessment is from the perspective of determining what potential hazards would exist if the trees are not removed. The HDR report identified 7 problems from their survey of State Policy and Practice. Our response will follow the outline of these problems and their conclusion after making some general comments about the dam. Candlewood Homeowners Association Professional Service Industries,Inc. ITZTI,ARM DpooDcitb IN{J ! -2- General Observations PSI's response to the problems identified with the trees on the Candlewood Dam need to be made with the understanding of the hydraulic operation of the dam. It is our understanding that the current crest of the dam is at an elevation of approximately 1102 feet. The normal pool is maintained at or near elevation 1087 feet by a principal spillway and an emergency spillway that will be modified at an elevation of 1095 feet to route a 100 year storm event without routing water through the emergency spillway section. In reviewing the three design storm routings for the dam,the duration of water above the emergency spillway elevation was less than 7 hours during the 500-year event and less than a 24- hours during the emergency spillway and PMP hydrograph events. The permeability of the embankment materials was not provided to us. However, using a conservative estimate, for the permeability, of 1*10-6 cm/sec (approximately 0.0015 inches per hour), the penetration of water into the unsaturated portion of the dam, during the period that the water is above the emergency spillway, would be approximately 0.01 inch for the 500 year event and less than 0.04 inch for the ESH and PMP events. These estimates are based on a flow over a 1 square inch area at a gradient of 1. The gradient varies, but with penetration into the dam, the value approaches 1 or less very quickly. To penetrate 50 feet in 24 hours would require a permeability of 25 inches per hour at a gradient of 1. Therefore, the trees would have to create a permeability approximately 600 to 2,500 times more permeable than the embankment for water to travel the distance equal to the width of the dam. This is for the unsaturated portion of the dam. The pressure head in the saturated portion is expected to respond more quickly, but the propagation of the saturated surface is a function of the permeability of the embankment materials. Figure 1 illustrates this concept. Therefore,in order for the vegetation to create severe degradation to the embankment, the permeability of the soils above the normal pool phreatic surface must be impacted. Problems Identified with Trees on the Candlewood Dare 1. Voids frnm i Tpronting: The discussion on this item concluded, "The hole resulting from over topping is not considered significant when considering the cross section of the dam." 2. instability from Uprooting: This problem is related to pine trees on the west abutment downstream from the crest. This problem is separate from the trees on the crest of the dam and should be addressed separately. 3. Piping along Roots: The following statement was made by HDR concerning piping along the roots, "The root system of dead or dying trees decaying and resulting in voids spaces in the fill which in turn cause a condition of piping, is a major concern with respect to the Candlewood structure." Attached Figure 2 illustrates where the phreatic surface may extend to with a sustained water surface (which will not exist) and if the tree root balls are 3 feet and 7 feet in diameter. Candlewood Homeowners Association Professional Service Industries,Inc. MT(FARM • 24 '. ihfuE EIGNB 0 sre?Iee -3- 4. Visual Tnspection• The HDR report concluded, "In their present condition these trees do no hinder dam inspection." 5. Hinder Growth of Erosion Protection! The HDR report concluded, "Excessive shade is not a problem at this time with the Little Leaf Linden trees on the dam crest. At present, the canopies of the Little Leaf Lindens are small and the turf around the trees is in excellent conditions. This may become a problem at a later date when the trees are larger." In addition to this, the erosion potential due to loss of vegetation under the trees would only effect the dam when the water came in contact with the eroded surface. Therefore, this effect is very limited and could be easily corrected with non-vegetative erosion control measure when they occurred. 6. Hinder Flow in the Fmergt ncy Spillway; This concern has been addressed. 7. Damag- Embankment Drains: The HDR report states, "Roots may invade and clog the drains and seepage control structures on an earthen dam." The ensuing investigation identifies vertical roots below a tree that extended more than 6 feet below grade and into the chimney drain. As a result, the HDR report concluded, "The combination of Problem 3 and 7 pose a significant problem with Candlewood Dam." PSI has the following comments about this concern: 7.1. From Figure 1 it can be seen that the chimney drain is routinely effected from where the steady-state normal pool phreatic surface develops. The chimney drain above this point is non-functional unless a sustained pool is maintained above the normal pool surface. 7.2. The vertical roots were of concern and if they did increase the permeability of that particular zone, they would increase the flow towards the chimney drain, not through the dam. 7.3. Most chimney drains are design with factors of safety exceeding 50 to 100. In other words they are designed to pass 50 to 100 times more flow than what is expected to penetrate to them. In the HDR report, a minimum permeability of 50 feet per day (25 inches per hour) was reported for the drain material. This is at least 600 times greater than the rate at which it would be expected for the water to flow through the soils. Therefore, even if the roots penetrate below the normal pool elevation, the reduction in void ratio due to clogging would need to be proportional to 600 times greater than the permeability of the drain. The HDR report uses the US Army Corps of Engineers EM 1110-2-301, "Guidelines for Landscape Planting and Vegetation Management at Floodwalls, Levees and Embankment Dams," to conclude that the trees on the poolside of the dam were acceptable, but the trees on the downstream side were unacceptable. It appears that the conclusion is based upon the apparent location of the chimney drain and the present roots extending more than 6 feet below the surface. The chimney drain in the Candlewood Dam appears to be a redundant system. From the measured Candlewood Homeowners Association Professional Service Industries,Inc. SPATE,.■M ,�24 03 GOOD INSURANCES Vann SERVR�E -4- phreatic surface in Piezometer P-3, the water surface is more than 25 feet below the pool on the upstream side of the chimney drain. Based on the actual measured phreatic surface, it appears that the blanket drain, which extends upstream of the chimney drain is controlling the seepage through the dam. PSI does not agree with the modeling of the phreatic surfaces shown on HDR Plates G-1, G-2,and G- 3 of the stability analyses. It appears that the effect of the blanket drain is ignored and that there are no head losses between the pool and the chimney drain. Attached Figure 3 shows the anticipated phreatic surface for a blanket drain based upon the Kozeny Construction(Harr, 1962) and the measured 1999 surfaces. • Overview of the Embankment From the plan and information provided in the HDR Engineering report, the earthen dam appears to be a conservatively designed structure. The dam has an upstream slope of 4 (h)to 1 (v) for the first 30 feet above the valley floor, followed by a 30-foot wide flat berm near the normal pool elevation, and a 3(h) to 1(v) upstream slope above the normal pool elevation. By having a relatively flat slope below the normal pool, the maximum seepage gradient (as measured from the maximum head at normal pool to the first opportunity to enter an internal drain) is approximately 0.125. This is a very low driving head for the normal pool seepage in this dam. The internal drainage for the dam is provided by two components. The first is a blanket drain installed in the valley of the embankment up to an elevation approximately 10 feet above the valley floor. The second part of the internal drain is an internal drain installed downstream of the inspection trench and downstream of the beginning of the blanket drain. There is some question as to whether the drain was constructed vertically or r sloped as shown on the drawings. Most internal chimney drains are sloped upstream for a variety of reasons. However the internal chimney drain was constructed, it is doubtful that it actively carries water from the reservoir from steady state normal pool conditions. The blanket drain will most likely intercept the seepage from the normal pool due to the length of travel within the embankment and the length of blanket drain available upstream of the chimney drain. Severe anisotropic permeability characteristics in the soils could allow the normal pool seepage to reach the chimney drain, but the water levels in the piezometer indicate that the blanket drain is intercepting the steady state surface. There may be some seepage from the abutments that is intercepted by the chimney drain that is either water flowing around the dam or natural water from the abutment, but the existing piezometer data does not show evidence of this. Therefore, the chimney drain has become a backup seepage interception feature for the transient water levels above the normal pool. According to plan, the shortest path from the upstream face to the blanket drain (the closest drainage feature) would be 75 feet with a hydraulic head of 17 feet. This is a gradient of less than 0.25 and would be even lower to reach the chimney drain. The transient pool conditions would need to saturate 50 to 75 feet of clay with driving gradients ranging from 0.02 over 50 feet to 0.25 over 75 feet. This is excellent seepage protection for a dam of this type. The primary spillway has been designed with both an anti-seepage collar and a downstream drainage blanket that provides redundant seepage protection for the spillway pipe. Candlewood Homeowners Association Professional Service Industries,Inc. S ATl FARM 24 . . GOOD IN iU RANCI NEIGHBOR SERVICE -5- Conclusions and Recommendations The dam is relatively broad crested with a width of 50 feet that adds to the overall stability of the structure. The downstream slope is 3(h) to 1(v) for approximately 40 vertical feet and includes a relatively flat and over 100-foot wide downstream berm. The dam appears to be well proportioned and designed with prudent engineering practices. Based upon the actual measured phreatic surface and the low duration of anticipated pools on the upstream face, PSI believes it is possible to safely leave the existing trees on the Candlewood Dam. PSI believes that additional piezometers could be added to monitor the steady state phreatic surface to determine if the apparent current low depth is correct. If the steady state phreatic surface stays at the apparent low level,the trees on either side of the crest of the dam will not effect the performance of the dam while passing an emergency event. If piezometers show that the phreatic surface increases to within 5 feet of the normal pool level,the dam should be re-evaluated at that point. Report Limitations Our analysis is based on the available information discussed in the "Scope of Work" section of this report. This report has been prepared for the exclusive use of the Candlewood Homeowners Association and their consultants, for the specific application to our evaluation of the information for the existing Candlewood Dam in Omaha, Nebraska. We appreciate the opportunity to perform this analysis. If you have any questions pertaining to this report, or if we may be of further service, please contact our office. Respectfully submitted, PROFESSIONAL SERVICE INDUSTRIES,INC. Kevin C Miller,P.E.,NE 9719 Chief Engineer James A. Bertsch,P.E.,NE 6985 District Manager Attachments: Appendix I—Figures 1,2 and 3 Appendix II -Qualifications Candlewood Homeowners Association Professional Service Industries,Inc. ETA”FARM �N:��I NEIGHBOR eRvic -6- Candlewood Homeowners Association Professional Service Industries,Inc. • SYATI FARM ��24�+ INSURANCEN1 G/QDI SERVIC -7- APPENDIX I • Candlewood Homeowners Association Professional Service Industries,Inc. SWAWF FARM [G.. 00IGHBOR D INSURANCE. EcR�eVICr v�c -R- Feet 0 0 0 0 • O an O I Crl CV — / Co CV t l U 4- j to E 1, 4- O W O CV C •Z N O I cr. •r 'N O gm cm 1 d O as ' CA • cu s- o • t Cn co O O S 4.) .0 O 0- N .-4 Z (A_ U i N \....... 4- ' Qf Cn ea C 'On M O > O O I c E la O al Y r 0 VI . O 4-' CO r 0 ns'D S- ,• CV W _7'O.0N C1 CV . CV CV CV t }}< FO 3 z so 40 S• .••1 00 0 CT U- W•O 0.-4 • .•4 Or .-I .•-/ 11 uop.enaL3 o v o. Candlewood Homeowners Association Professional Service Industries,Inc. �� 1 SATE FARM -�'� Z4 i I' .GOOD INSURANCE NEIGHBOR so SERVICE -9- Feet • O o O O o to O En N .--I 9--I h O co' N i l e O .--I N CS. O O to \ �ZIC.�.. N 9-9 CLCC a co o ,,,xr . '. , 1 e'N CC Iv I: i 4• cc CI U I IL IT Y L • '. ro •• . a c E its O ea Y •.-C] to U) 43 A N RS 13 S- .-I O Iu = 0 N r m N a ro o al n. rt I Z > C2 I- 1.1.1 r- m w .'-I •'-+ 0 0 o rn a R o E .y .-I d .-+ •--F CC CI U O uot2enal3a. Candlewood Homeowners Association Professional Service Industries,Inc. flATE FARM • .Z4 a. GOOD INSURANCSe NEIGHBOR SCRVIC -1()- Feet c. CV0 0 If CD i �� C 1 la i N l r 1 ` O . Q SS') CV N O • 4 N `i O $ r, 1— E. 0 i y xL • c is O U r CVCV 0. i.' o C o :1 . 4.3 - _Ns s- ly ce vs a C . N- MS C nL > O M d i I 0 e-S c E co O to OCI la U rG �n • i m4m C\ 7111 OJ N d�d > N d N N N N CV I w-0t .•-� .•� 0O O VD �j E C rEEC .r .r a .--1 re O O� C V d U01�811a13 a Candlewood Homeowners Association Professional Service Industries,Inc. S7ATI FARM /+�i4 . INSU 1 N'E 6XOB D SG#RV_ -11- APPENDIX II Candlewood Homeowners Association Professional Service Industries,Inc. STATE SARIS - 24 • NGOOD INSURANCE SERVICE -12- Kevin C. Miller Regional Engineer, St. Louis, Missouri Education BS in Geological Engineering,University of Missouri-Rolla, 1977 MS in Engineering, (Civil/Geotechnical Engineering)Purdue University, 1982 Certifications/Registrations/Technical Training Professional Engineer Ohio, #48830, 1984. Professional Engineer Kentucky, #15592, 1988. Professional Engineer Illinois, #062-049089, 1994. Professional Engineer Indiana, #9400433, 1994 Professional Engineer Michigan, #33121, 1987. Professional Engineer Missouri, #E20701, 1984. Professional Engineer North Carolina,#21308, 1995. Professional Engineer Tennessee, #102907, 1996. Professional Engineer Alabama, #20932, 1996. Professional Engineer Virginia#301.28, 1996 Professional Engineer West Virginia, #12337, 1994. Professional Engineer Iowa, #15104, 2000 • Professional Engineer Kansas, #15889, 2000 Professional Engineer Minnesota, #40213, 2000 Professional Engineer Nebraska, E-9719, 2000 Professional Engineer Wisconsin, #33892, 2000 Professional Geologist Kentucky, #2169, 1994. Professional Surveyor West Virginia, #1552, 1995 Mine Safety and Health Administration Instructor-Impoundments,#CZ, 1997 U.S. Department of Labor Driven Pile Foundations-Construction Monitoring 1997,. National Highway Institute, US DOT Affiliations/Memberships American Society of Civil Engineers(ASCE) Association of State Dam Safety Officials Water Management Association of Ohio Publications Ken Tamms,Kevin Miller-Stability Improvements for the Elkhart and Buchanan Dams, 1987,. USCOLD Newsletter. Kevin Miller,D. Cowherd,V. Perlea-Eval of Liquifaction Potential of Coal Slurry, 1993, Kevin Miller, D. Cowherd,V. Perlea-Seepage through Mine Tailings Dams, 1.993, , 3Ta Int'l Conf on Case Histories in Geotechnical Engineering. Kevin Miller, D. Cowherd,J. Lamb-Design&Construction of a Fly Ash Reservoir vertical expansion in a seismic risk, 1994,. Am. Power Conf. Kevin Miller,D. Cowherd, D.Frost-Selection&Evaluation of Appropriate Strength Parameters in the Design of Upstream Construction over Coal Mine Slurry, 1995, Annual Conf. On Dam Safety. City of Sioux City, Community Development Department Professional Service Industries,Inc. STATI FARM I n� Liy r„> GOOD) INUU RANGE NEIGHBOR SERVICE -13- Kevin Miller-Installation Monitoring Practices are Critical to Evaluating the Performance of Corrugated Metal Bridge Structures, 1998, Bridge Builders Magazine. Professional Experience Mr. Miller is Regional Engineer for our St. Louis office operations. He has more than 20 years of experience in a wide range of geotechnical projects for the private geotechnical engineering consulting industry,the power industry, the industrial and municipal landfills industry, and the coal mining industry throughout east central United States. He has specific experience in geotechnical laboratory testing, field instrumentation of dams, landslides, foundations, and embankments, foundation design with conventional and mechanically stabilized earth methods; seepage analysis and remediation; slope stability analysis and remediation; dam design,rehabilitation, permitting, construction, landfill design, mine tailings dam design, design and installation of large diameter metal culverts, spans, and liner plates and forensic geotechnical engineering. Representative Geotechnical Engineering and Drilling Project Experience • Danis Building Construction; Parkersburg, West Virginia-Principal engineer investigating movements of a 20' high tied back retaining wall for hospital parking lot. • CH2M Hill; Dayton, Ohio-Principal engineer for geotechnical investigation of interchange upgrade for I-70/1-75 exchange including roadways, embankments, bridges and MSE ramps. • Foundry Services, Inc.;Ironton, Ohio-Principal engineer responsible for class III residual waste landfill design and permitting. Site also required closure documentation for foundry sands. • Island Creek Coal Company;Logan, West Virginia-Principal engineer responsible for liquefaction analyses on upstream dam construction in coal refuse tailings dam. • Danis Building Company; Cincinnati, Ohio-Principal engineer responsible for investigation storm detention spillway failure and slope stability issues. • Adams Robinson; SW Indiana-Principal engineer responsible for investigation movements of auger cast piles in subgrade during construction but prior to placing waste water treatment plant. • BP Chemicals;Lima, Ohio-Principal engineer responsible for construction of a liner system for low-level radiation landfill. • AK Steel; Middletown, Ohio-Principal engineer responsible for pipeline route investigation for bedrock identification and excavation plan recommendations for 117 mile route. • American Electric Power Service Corp.; Buchana, Michigan-Project engineer and manager responsible for rehabilitation of low head, run of river, and concrete gravity dam. Modified in accordance with FERC. Design stability improvements to pile and soil founded monoliths. • American Electric Power Service Corp.; Madison, Indiana-Project engineer responsible for conversion of fly ash impoundment into fly ash landfill. Permitted with IDEM converting 150+acre reservoir into multi-million cubic yard landfill. • American Electric Power Service Corp.; Cheshire, Ohio-Project engineer and manager responsible for design, permit contract administration for fly ash retention impoundment addition. 1.5 million cyd earthwork project, $7 million capital project. Project required extensive monitoring. • American Electric Power Service Corp.; Project engineer and manager for design and permitting of 15-year old fly ash impoundment extension of earth dam which failed during initial construction. Project required extensive testing and construction monitoring. • American Electric Power Service Corp.;Nationwide-Project engineer and manager responsible for design, permitting, and contract administrator for fly ash dam utilizing coal mine waste, soil, and City of Sioux City, Community Development Department Professional Service Industries,Inc. —► /TAT/FARM Afi ' ,, GOOD iN/uRANc/ NEIGHBOR SERVIC —14— boiler slag. Design extension of 84-inch dia RCP Decant Pipe. • American Electric Power Service Corp.;Nationwide-Design engineer responsible for foundation systems for substations and transmission lines. Including evaluation of landslides and mine subsidence. • Consolidation Coal Company; West Virginia and Virginia-Certified impoundment inspector for 13 coal refuse impoundments in West Virginia and Virginia. Supervised construction and abandonment of tailing dams. • Waste Control Services; Waynesville, Ohio-Principal engineer responsible for Class II residual waste landfill design and permit of 50+acres in NE Ohio. • Courtney Engineering; Cleveland, Ohio-Principal engineer responsible for remediation design of large corrugated metal arch structure which failed due to foundation erosion. Designed remediation measures. • Montgomery County Solid Waste; Dayton, Ohio-Principal engineer responsible for incinerator ash landfill closure and PTI permit for new landfill on adjacent property. • Tooele Arms Depot;Tooele, Utah-Principal engineer for evaluation of igloo-buried corrugated metal structures,storing weapons, and remediation design of severely deflected structures. • Illinois Power Company; Wood River, Illinois-Principal engineer responsible for design of upstream raising of fly ash retention dam. Included liquefaction study for earthquake zone. • Peabody Coal Company; Morganfield, Kentucky-Principal engineer responsible for designed abandonment system to convert mine refuse ponds into a managed wetland facility. • Black Beauty Coal Company; Sullivan, Indiana-Principal engineer responsible for designs of new refuse impoundment in abandoned surface mine pits. • Contech Construction Products; Hamilton, Ohio-Principal engineer responsible for design of 45 feet wide x 30 feet high corrugated metal arch founded on a mechanically stabilized earth wall constructed in a serpentine layout. • Elk Run Coal Company; West Virginia-Principal engineer responsible for a back stack isolation plan to isolate magnesium overburden material to mitigate environmental effects for a surface coal mine. • US Army Corps of Engineer; Clarence Cannon Dam, Missouri-Staff engineer responsible for evaluating and monitoring migration of construction pore pressures in foundation shale during dam construction. Wrote software to model pore pressure dissipation. • Ferrel's Branch Coal Company; Matewan, West Virginia-Principal engineer responsible for evaluation of landslide in a coal mine valley fill overlying a burning coal seam. • Ginghamsburg United Methodist Church; Ginghamsburg, Ohio-Principal engineer consulting in site development, long range planning, drainage, and foundations for 140 acre facility. • Sun Coal Company;Middletown, Ohio-Principal engineer responsible for foundation study for 3000-foot long coke over facility. • Rudolph Libbe; Dayton, Ohio-Principal engineer responsible for investigation of settlement of de- icing sump station facilities. Years experience with other firms: 20 Year started with PSI: 1999 City of Sioux City, Community Development Department Professional Service Industries,Inc. /TAT/IA/M ---24 GOOD IN/U/ANCI NEIGHBOR SERV/CE -15- JAMES A. BERTSCH District Manager Education Bachelor of Science Degree in Civil Engineering South Dakota School of Mines and Technology, 1981 Registrations Professional Engineer, South Dakota#4410 Professional Engineer, Kansas #13262 Professional Engineer,Nebraska#E-6985 Professional Engineer, Iowa#12121 Professional Engineer, Missouri#26763 Affiliations National Society of Professional Engineers Nebraska Society of Professional Engineers ASTM Committee Member Experience Mr. Bertsch has 20 years experience working as a geotechnical and materials testing engineer. Currently he is a District Manager of our Omaha facility. Mr. Bertsch's experience in the geotechnical area includes subsurface exploration for dams and wastewater treatment facilities, bridges, roadways, and buildings. This work includes both the design and construction inspection of both synthetic and clay liner dams and shallow and deep foundation systems. The geotechnical experience ranges from eastern Wyoming western Iowa, South Dakota, Missouri, Kansas and Nebraska. Mr. Bertsch's experience in material testing for dams includes earthen dams in Wyoming South Dakota, Nebraska and Iowa. Synthetic liner project experience in South Dakota. Representative Project Executive Experience AMAX Dams; Gillette, Wyoming-Geotechnical Engineer responsible for setting up project, locating boring locations, directing drilling operations and laboratory tests, writing final geotechnical report and directing construction material testing during construction. This project consisted of several small dams to limit silt infiltration in to larger dams. Private Dam;Montgomery County, Iowa-Geotechnical Engineer responsible for setting up project, locating boring locations, directing drilling operations and laboratory tests,reviewing final geotechnical report. This project consisted of providing geotechnical recommendations for cuts and fill as well as clay City of Sioux City, Community Development Department I Professional Service Industries,Inc. L STATE FARM --24 GOOD INSURANCE NEIGHBOR E!� SERVIC -16- liner preparation for 20-acre lake. Municipal Wastewater Treatment Facilities; Various sites in Wyoming, South Dakota, Iowa, and Nebraska -Geotechnical Engineer responsible for setting up project, locating boring locations, directing drilling operations and laboratory tests,writing final.geotechnical report and directing construction material testing during construction. City of Sioux City, Community Development Department Professional Service Industries,Inc. {HAIR SARM 24 , GOOD INSURANCE SERVICE _17_ • • City of Sioux City, Community Development Department Professional Service Industries,Inc. • STAY/FARM jib InsuRANCII v se'GOOD avIe -1R- • City of Sioux City, Community Development Department Professional Service Industries,Inc. ITATI FARM 24 iNsue NEIGHBOR GOOD SERVIG —19- APPENDIX III Doane College Professional Service Industries,Inc. f?ATI FARM 24 NNIY 1 NGOGH OD SERVICE _20- • • APPENDIX IV • • Doane College Professional Service Industries,Inc. . O P ;1. K �\O a V z k J Ij 4 P CD •1 w R CD EU INTER-OFFICE COMMV1UNICATI002 AAn _7 NI,>)p: p Omaha Public Works Department CITY CLERK To: President and members of the City Council OH N E E R A`K( Through Lou Andersen, Assistant to the City Council From: Harry Owen, Engineering Services Manager Subject: Trees on the Candlewood Dam Date: March 6, 2002 Attached is a copy of the letter Mr. Jackman received from the State of Nebraska, Department of Natural Resources concerning the trees on the Candlewood Dam. Included is an extensive analysis of the information submitted by all parties and the recommendation of the State. In accordance with the recommendation of the State, the Public Works Department will recommend that the contract to remove the trees on the north side of the dam be awarded on March 12, 2002. cc. Mayor Fahey ALL CM'S N. Jackman DIST#1 DIST.02 DIST.03 DIST.#$ 1 DIST.45 1 DIST.ao DIST.#7 Cif.CI'STAFF STAFF CITY CLERK 1.033YIST MAR 0 6 10`; • • STATE OF NEBRASKA DEPARTMENTOF NATURAL. RESOURCES 'isa er+rr.off Roger K.Patterson of Director tar, March 5,2002 •••• A�CHto�e° IN REPLY REFER TO: Mike Johann N 6 7 a, A-12602 Governor 4r? 4 /O tt..: •:tit Fn .2002 Norm Jackman, P.E. tscsj —. Acting Public Works Director PUBLIC WORIG �- 1819 Farnam Street, Suite 601 A 'DUI ,,,, Omaha,NE 68183-0601 RE: Candlewood Dam Trees Dear Mr. Jackman: We have reviewed your letter dated February 12,2002, and the enclosures relative to the tree issue on this structure. In addition, supplemental material was sent to us on March 1,2002 by Kerry Winterer, President, Candlewood Homeowners Association. Following is a listing of all the material that has been submitted for our review. Letter by Norm Jackman,Acting Public Works Director,City of Omaha(City)to Dennis Hurtz, Department of Natural Resources (NDNR)dated February 12,2002. Dam Evaluation Report by Kevin Miller,P.E.,Professional Services,Inc. (PSI)dated January 30, 2002. Memorandum by Richard Niedergeses, P.E.,HDR Engineering,Inc. (HDR)to Harry Owen, Engineering Services Manager, City of Omaha dated February 4, 2002. Letter by Kevin Miller(PSI)to Steven Wolf,Candlewood Homeowners Association(CHA)dated February 5, 2002. Letter by Richard Niedergeses (HDR) to Harry Owen(City)dated February 6, 2002. Letter by Kerry Winterer, President(CHA)to Dennis Hurtz(NDNR) dated February 28,2002. Letter by Kevin Miller(PSI)to Steven Wolf(CHA)dated March 1, 2002. Letter by Ronald Haddock, P.E., Chief Deputy Surveyor, Sarpy County Surveyor's Office to Steve Wolf(CHA). Candlewood Dam Tree Report by Orville Hatcher,Retired Forester, undated. The failure of Candlewood Dam would likely.result in the loss.of many lives and a great deal of property • damage. Conservatism is appropriate in evaluating any issues that could negatively impact the safety • level of this structure. It is from this perspective and this Department's responsibilities for dam safety • that we offer the following comments. • 1. The site evaluation prepared by HDR Engineering,Inc. (HDR)considered eight problem areas - associated with tree growth on dams. One problem area,overtopping flow and trees, was not specifically discussed. This subject was apparently raised by Harry Owen (City)with Kevin Miller(PSI)with PSI's response being included in the February 5th letter to Steven Wolf(CHA). c l rsh arei en gi n e e:i n g/d en n i s 301 Centennial Mail South. 4th Floor • P.O. Box 94676 • Lincoln.Nebraska 685094676 • Phone(402)471-2363 • Telefax(402)471-2900 An :;uct Oppertunl.yAffirr..c:lce Ac:'cn Employer x ?r r,ted w,tn,cv ink on recyc:eC:spar 46 r Norm Jackman, P.E. March 5, 2002 - Page 2 HDR utilized appropriate hydrologic criteria in their evaluation of this high hazard structure. According to the evaluation as applied, Candlewood Dam can,after adjustments in the emergency spillway width and the top elevation of dam,just meet the requirements without overtopping. Inherent with the acceptance of this level of design is the assumption that the dam will be well constructed and maintained free of any controllable developments detrimental to the basic structure. Additional overtopping risk reduction factors are sometimes considered along with the criteria for high hazard structures of this type. Such factors include some reduction in available flood storage capacity due to a previous runoff event, reduction in the principal spillway capacity due to obstruction by items from the reservoir perimeter and drainage area such as small boats and other debris, and a minimum freeboard requirement for wave action and surface irregularities along the embankment top. Had any of these factors been included in the evaluation, the results would have indicated a need for a higher top elevation on the dam and/or additional discharge capacity(width) in the emergency spillway. The trees of concern associated with overtopping are those along the downstream (North)side of the embankment. This area and the downstream slope are subject to high velocity flow during overtopping. The tree trunks, root systems, or any other type of obstruction would induce flow turbulence and promote the onset of erosion. Embankment materials may also be in a loosened state associated with the long-term existence of the trees and more susceptible to erosion. If the overall capacity of this structure were any less,this potential problem area would be a dam safety concern. 2. HDR's tree assessment concluded that the upstream(South) line of trees could remain, at least for the near future. We had previously concurred with this conclusion. Part of our reasoning for this concurrence was the greater than normal cross-sectional area of the dam and the existence of the chimney drain. These features increase the seepage path length and provide an intercept to any seepage paths, cracks or voids that may exist or develop due to the effects of the tree rooting system. 3. HDR's findings clearly show that a tree located on the downstream (North)side of the dam and approximately 8-feet below the top elevation of the dam is impacting a design feature of the dam, the chimney drain. It is not known if the rooting system of other trees on the North side have penetrated to the drainage system but the potential certainly exists. 4. PSI's analysis shows that, for the seepage parameters assumed and for normal seepage development within a dam, this drain is a redundant system. There are statements in the reviewed material indicating a high safety margin with respect to seepage and comments about the impact of roots (number and size) within the drainage system. Our concern is that seepage through the upper portion of this dam within the influence area of the tree rooting system may no longer occur in a normally expected manner. It becomes more of a question of- do the trees affect the basic structure and it's design features? If no—good; if yes—not good. Beyond this determination it becomes a matter of speculating about the degree of affect on capacity, safety factors, etc. From a dam safety standpoint such refinements offer little guidance or solace. Norm Jackman, P.E. March 5, 2002 • Page 3 • 5. PSI's report concluded that this dam appears to be well proportioned, designed, and in a safe condition. Although not specifically stated in their report, it appears to us that HDR's conclusion is • similar for the present time. However, it is the maturing of the trees and resultant future condition that is a major concern. The Candlewood Dam Tree Report by Mr. Hatcher discusses the less than ideal growth environment for these trees. Appendix A to the report provides information on the tree size and spread. The trees are also described as being in good health and having a fiber root system that extends beyond the tree drip line. Based on this and descriptions of the tree removal contained in HDR's report, it appears that about 50 percent of the top width of the dam may now be affected by tree roots. As the trees mature and their rooting system expands, the unaffected area becomes progressively less and the quality of the upper portion of the dam,from a dam safety standpoint, is diminished. It was noted that Mr. Hatcher did guess that the trees would top out at less than 35 feet in height. 6. There are various suggestions in the reviewed material that additional piezometers could be installed to monitor the ground water level below the dam and/or the phreatic surface within the dam. Since the tree roots will not penetrate the long-term phreatic surface due to the saturated condition and lack of oxygen, it is not clear to us how this would provide any predictive information regarding the affect of the trees. Any measured change would most likely be due to some other cause. The reviewed material provides arguments for keeping all of the trees,keeping all of the trees and initiating some sort of monitoring system with some future obligation,or keeping only the upstream (South) trees with monitoring. Our inspection reports from previous years have recommended the removal of all trees. From a dam safety standpoint the various reports appear to thow that this dam has sufficient integrity to withstand detrimental affects of the upstream trees. We cannot conclude the same with confidence for two lines of trees along the top of the dam. In this regard, we recommend in favor of the safetyof those residingdownstream of the dam that the North line of trees be removed and the disturbed area of the dam be repaired to a uniform compacted and vegetated condition. Please do not hesitate to call if you wish to discuss any of our comments. Sincerely, Dennis L. Hurtz, P.E. Chief of Dam Safety dlh cc: Kerry Winterer, President, Candlewood Homeowners Association Steve Oltmans, Manager, Papio-Missouri River NRD _• dl up C.) tak; * p4 T ma , oC� *�CrQ • CD n oi " ..i%%•, •• • c'''-' po .. ,•-•‘ . '\ i tTJ '� cra R.- o t7-" -• f c' 111' may` INTER-OFFICE COMMUNICATION April 5, 2002 TO: Honorable President and Members of the City Council FROM: Norm Jackman, P.E., Acting Public Works Director SUBJECT: Tree Removal at Candlewood Dam The State of Nebraska Department of Natural Resources (NDR) has made a decision regarding the removal of the trees at Candlewood Dam. The DNR has determined "the downstream row of trees should be removed and that the removal should be accomplished in accordance with the plans and specifications prepared by E&A Consulting Group." A copy of the DNR letter is attached. Attachment ,.4jAa,,2.5•'2002 08:12 402 471 2900 DEPARTMENT OF NATURAL RESOURSES #7666 P.002/003 STATE OF NEBRASKA DEPARTMENT OF NATURAL RESOURCES Roger K.Patterson ,/04,40014 Director j;l April 5, 2002 ._',� EN REPLY REIT-A TO: • Mike Johanns Governor Kerry Wi.nterer., President Steve Oltm.ans,Manager Can.diewood Homeowners Association. Papio-Mi.ssouri River.NRD P.O. Box 67 8901 South. 1.54tir Street l3oystown,ND 6801.0 Omaha,NE 68138-3621. Norm Jackman,P.E. _ Acting Public Works Director 1819 Parham Street, Suite 601 Omaha,NE 68183-0601 SUBJECT: Tree Removal.Issue at Candlewood Dam Dear Sirs: At the meeting held in our office on March.22, 2002, I agreed the Department would take another look into the issues associated with the trees on.Candlewood Dam. A letter from. Mr. Wi.nterer subsequent to the meeting also requested a thorough review of all reports and submitted data prior to making any final decision. In an effort to fully understand the issues and appreciate the concerns surrounding the issues, I have reviewed the relevant material including 1) annual inspection reports and data in.the Department's files, 2) reports by HDR Engineering, Professional Service Industries (PSI), and Jacobson Helgoth Consultants, and 3)various response letters and e-mail on the subject. In addition, I requested that my staff revisit the reports,the presentations made at the March 22o. meeting,and the Jacobson Helgoth report which was distributed at the meeting, After carefully considering all of the material.,it is my conclusion that the downstream row of trees should be removed and that the removal should be accomplished.in accordance with the plans and specifications prepared by 13&A Consulting Group. • • cInhnrckpalterson 301. 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