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Home My WebLink About1996-0721 \wpdocs\ord\drainage ord ORDINANCE NO l -6)701, AN ORDINANCE AUTHORIZING THE CITY MANAGER TO EXECUTE AN AGREEMENT WITH FREESE AND NICHOLS, INC FOR PROFESSIONAL ENGINEERING SERVICES RELATING TO THE PREPARATION OF THE COOPER CREEK REGIONAL DETENTION STUDY AND THE PECAN CREEK TRIBUTARY PEC-4 CHANNEL IMPROVEMENT STUDY; AUTHORIZING THE EXPENDITURE OF FUNDS THEREFOR; AND PROVIDING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I. That the City Manager is authorized to execute an agreement between the City of Denton and Freese and Nichols, Inc. for professional engineering services relating to the preparation of the Cooper Creek Regional Detention Study and the Pecan Creek Tributary PEC-4 Channel Improvement Study as required in the City application to the Texas Water Development Board for funding assistance, under the terms and conditions contained in said agreement, which is attached hereto and made a part hereof SECTION II That the City Council hereby authorizes the expenditure of funds in the manner and amount as specified in the agreement. SECTION III. That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 4Ktday of 1996. ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: dow A- --) APPROVED AS TO LEGAL FORM' HERBERT L. PROUTY, CITY ATTORNEY \ 771> BY, C E N T U R Y O F S E R V I C E February 26, 1996 ®®------------ — FREESE-NICHOLS � Or; Mr Jerry Clark, P E Director of Engineering/Transportation City of Denton 215 E McKinney Street Denton, Texas 76201 Re: Cooper Creek/Pecan Creek Regional Drainage Improvement Study Dear Jerry We are pleased to submit this proposal for providing engineering services to the City of Denton for the Cooper Creek and Pecan Creek Tributary PEC-4 Regional Drainage Improvement Study We understand that the study is needed to evaluate possible alternatives for erosion and flood protection along Cooper Creek and Tributary PEC-4 We will use our previous work along Tributary PEC-4, particularly near Robertson Street and Bell Avenue, in the evaluation of possible alternatives for Tributary PEC-4 SCOPE OF SERVICES. ENGINEER proposes to provide our services as outlined in your application to the Texas Water Development Board for funding assistance and described in the following detailed Scope of Services TASK 1: COOPER CREEK REGIONAL DETENTION STUDY I RECONNAISSANCE & DATA COLLECTION A A coordination meeting will be held with OWNER for the purpose of reviewing available data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their responsibilities for both OWNER and ENGINEER B Perform one site visit to the Cooper Creek watershed to evaluate possible sites for regional detention ponds The site visit will include the review of not more than six possible sites for acceptability as regional detention facilities, including the following Freese and Nichols Inc Engineers Environmental Scientists Architects 4055 International Plaza Suite 200 Fort Worth Texas 76109 4895 817-735 7300 Metro 817-429 1900 Fax 817 735 7491 Mr Jerry Clark, P E February 26, 1996 Page 2 1 The area north of Cooper Creek, east of Old North Road, west of Loop 288, and south of Windsor Street 2 The area north of Kings Row, east of Yorkshire, and southwest of Loop 288 3 The area north of Hercules, east of F M 2164, south of Loop 288, and west of Redstone 4 The area north of Evers Parkway, west of F M 2164, and south of Loop 288 5 Two other additional sites may be selected for evaluation in the study if conditions observed during the site visit suggest a favorable location C Coordinate with the Federal Emergency Management Agency to obtain the latest hydrologic (HEC-1) and hydraulic (HEC-2) computer models for the Cooper Creek watershed D Coordinate with local utility companies to determine the presence of existing utility lines within the possible regional detention facility site listed in Item B above E Coordinate with OWNER's staff to obtain available base mapping The base map(s) will be prepared by OWNER from information currently available on its geographic information system (GIS) F Obtain field survey data necessary for preliminary sizing of the proposed detention facilities at each location G Obtain soil boring data at each proposed site One boring will be made at each location selected as a possible detention site IL CONCEPTUAL EVALUATION A Perform hydrologic analysis on the sites identified in Item I B above, including the following 1 Computation of contributing drainage area to the sites being evaluated using topographic information available from OWNER's GIS data base If sufficient topographic information is not available through OWNER's GIS Mr Jerry Clark, P E February 26, 1996 Page 3 data base, the drainage area will be delineated using U S G S quadrangle maps of the watershed area Modify the existing HEC-1 computer model from FEMA to include design computation points at the potential regional detention facility sites If an existing HEC-1 computer model is not available from FEMA, a new model will be created Determination of the 5-, 10-, 25-, 50- and 100-year peak discharges for existing and ultimate watershed conditions with the detention facilities in place at each potential regional detention facility site The typical SCS primary spillway will be used to estimate peak discharges with the proposed detention facilities in place Determine the maximum storage available at each of the regional detention facility sites Future development adjacent to each site will be considered in the determination of the detention pond layout phase in addition to the existing development surrounding each site In addition, dual purpose uses for the detention facilities, such as soccer fields, will be considered when evaluating the proposed detention ponds Evaluate the cumulative effect of the regional detention facilities on the peak discharges along Cooper Creek for the portion of the creek upstream of Loop 288 Prioritize the regional detention pond construction by cost/benefit analysis No more than twelve construction sequence scenarios will be evaluated to determine the effect of construction sequencing on the Cooper Creek peak discharges B Perform hydraulic analysis of impact of detention facilities on Cooper Creek floodplam 1 Modify existing HEC-2 hydraulic stream model of Cooper Creek to include the peak discharges computed in Item II A above 2 Compute expected floodplam profiles corresponding to 10-, 50- 100- and 500-year frequencies for existing and ultimate watershed development with the proposed detention facilities in place 3 Delineate the 100-year floodplams on available topographic maps for existing conditions and ultimate development conditions with the proposed detention facilities in place Mr Jerry Clark, P E February 26, 1996 Page 4 4 Prepare summary table of results of hydraulic analysis C Prepare an estimate of probable construction costs associated with the proposed regional detention system D Review the TNRCC regulations associated with detention facility construction and outline steps needed to obtain TNRCC approval of the proposed regional detention system Potential problem areas, if any, will be also identified No environmental reviews of the proposed detention facility sites will be performed If such reviews are required and requested by OWNER, such reviews shall be considered additional services and ENGINEER shall be entitles to compensation based on Attachment B, Schedule of Charges E Summarize the results of the conceptual evaluation Prepare a report summarizing the findings of the conceptual evaluation The following items shall be included in the conceptual report a Comparison of discharges for existing development, ultimate watershed development, and ultimate watershed development with the proposed regional detention system in place b Map showing the entire watershed with the locations of the proposed regional detention facilities and their respective contributing drainage areas, the horizontal location of the existing utilities that could pose a potential conflict with the proposed detention facilities, and the 100-year floodplam limits for existing conditions and ultimate watershed conditions with the detention facilities in place The anticipated construction costs of the regional detention facilities on a per -site basis as well as for the entire regional detention system Provide a recommendation concerning the sequencing of constructing the regional detention facilities in accordance with Item 11 A above d Provide a recommendation for alternative dry weather uses for the regional detention facilities, as well as the possibility of retaining water in the ponds for aesthetic purposes, such as in a park Mr Jerry Clark, P E February 26, 1996 Page 5 2 Attend a meeting with OWNER to discuss the results of the conceptual evaluation and the ENGINEER's recommendations for proceeding with the project III FEMA SUBMITTAL Prepare the necessary information needed for a submittal to the Federal Emergency Management Agency to obtain a Conditional Letter of Map Revision (CLOMR) for the project areas Work to be performed in this task includes preparation of the necessary paperwork required by FEMA for a CLOMR request submittal, preparation of the technical data required with the CLOMR submittal, and responding to questions/comments raised by FEMA during their review process TASK 2: PECAN CREEK TRIB. PEC-4 CHANNEL IMPROVEMENT STUDY I. RECONNAISSANCE & DATA COLLECTION A Attend one coordination meeting with OWNER for the purpose of reviewing available data for use during the study, reviewing the scope of the work to be done and the objectives of the study, and to review the project personnel and their responsibilities for both OWNER and ENGINEER B Perform one visit to the Pecan Creek Tributary PEC-4 watershed to observe the existing conditions of the channel The site visit will include the preparation of a photographic record of the conditions that presently exist along the channel, with particular attention focused on areas where potential design problems area anticipated C Coordinate with the Federal Emergency Management Agency to obtain the latest hydrologic (HECI) and hydraulic (HEC-2) computer models for Pecan Creek Tributary PEC-4 D Obtain field survey data, including the location and finished floor elevation of structures adjacent to the creek, channel cross sections, and bridge/culvert data for the entire length of the stream E Coordinate with local utility companies to determine the presence of existing utility Imes along Tributary PEC-4 H. PRELIMINARY DESIGN A Perform hydraulic analysis of impact of the proposed channel improvements to Pecan Creek Tributary PEC-4 Mr Jerry Clark, P E February 26, 1996 Page 6 Evaluate not more than three channel improvement scenarios to determine the type and extent of channel improvements needed to eliminate the diversion of stormwater from the PEC-4 watershed to the Pecan Creek watershed The intent of the channel improvement evaluation will be to maintain the 100-year floodplam within the channel banks as required by the City of Denton drainage criteria 2 Evaluate the need for increasing bridge/culvert sizes for the crossings along Tributary PEC-4 3 Delineate on available topographic maps the 100-year floodplains for existing conditions and conditions with the proposed channel improvements in place 4 Prepare summary table of results of hydraulic analysis C Prepare an estimate of probable construction costs associated with the proposed channel improvement scenarios evaluated in the study A cost/benefit analysis will be made of each channel improvement scenario developed D Review the Corps of Engineers regulations associated with 404 Permits and outline steps needed to obtain 404 Permit approval of the proposed channel improvements Potential problem areas, if any, will be also identified E Prepare the necessary information required for a submittal to the Federal Emergency Management Agency for a Conditional Letter of Map Revision (CLOMR) reflecting the proposed planning project F Summarize the results of the preliminary design 1 Prepare a report summarizing the findings of the preliminary design The following items shall be included in the design report a Tabular comparison of floodplam elevations for existing channel conditions and conditions with the proposed channel improvements in place Map showing the entire watershed with the locations of the proposed channel improvements, the location and type of bridge/culvert improvements needed, the horizontal location of the existing utilities that could pose a potential conflict with the channel improvements, and the 100-year floodplam limits for existing conditions and conditions with the channel improvements in place Mr Jerry Clark, P E February 26, 1996 Page 7 Cross sections of the channel improvements in sufficient detail to illustrate the type of improvements proposed d An estimate of the probable construction costs and total project costs of the channel improvements 2 Attend one meeting with OWNER to discuss the results of the preliminary design and ENGINEER's recommendations for proceeding with the project COMPENSATION: ENGINEER proposes to perform the services described in the above Scope of Services for the lump sum of $97,980 (NINETY SEVEN THOUSAND NINE HUNDRED EIGHTY DOLLARS) If work outside or beyond the above scope is required and approved by OWNER, those additional services shall be compensated on the basis of Attachment B, SCHEDULE OF CHARGES, dated September 30, 1995 Payment for the services shall be due and payable upon submission of a statement for services Statements for services shall not be submitted more frequently than monthly INDEMNIFICATION: Freese and Nichols, Inc (ENGINEER) shall indemnify and save harmless the CITY OF DENTON (OWNER) and its officers, agents and employees from the liability of the OWNER on account of any injuries or damages received or sustained by any person or persons, or property, including court costs and reasonable attorney fees incurred by the OWNER, proximately caused by the negligent acts or omissions of the ENGINEER or its officers, agents, or employees in the execution, operation, or performance of this Agreement OWNER RESPONSIBILITIES: OWNER shall assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project, including previous report and any other such data relative to the Project, including Available topographic data of the proposed project sites 2 The location of City -owned utilities (water and sewer) and privately owned utilities (gas, telephone, etc ) if available Copies of studies/reports of previous analyses associated with the proposed project sites that were not previously prepared by Freese and Nichols, if any ENGINEER shall have no liability for defects in the WORK attributable to ENGINEER's reliance upon or use of data, design criteria, drawings, specifications or other information Mr Jerry Clark, P E February 26, 1996 Page 8 furnished by OWNER which was not previously prepared by Freese and Nichols, and OWNER agrees to indemnify and hold ENGINEER harmless from any and all claims and Judgements, and all losses, costs and expenses arising therefrom ENGINEER shall disclose to OWNER, prior to use thereof, defects or omissions in the data, design criteria, drawings, specifications or other information furnished by OWNER to ENGINEER that ENGINEER may reasonably discover in its review and inspection thereof OWNER shall review material submitted for comment in a timely manner so as not to delay the services of ENGINEER TERMS AND CONDITIONS: The Scope of Services shall be performed pursuant to Attachment A, STANDARD TERMS AND CONDITIONS FOR PROFESSIONAL SERVICES, dated April 15, 1991, which is incorporated into and made part of this proposal We appreciate this opportunity to provide you with our services and we look forward to continuing our relationship with the City of Denton If additional information or clarification is needed, please do not hesitate to contact us If you are in agreement with the services described above and wish for us to proceed with this assignment, please sign below and return one copy of the agreement for our files Very truly yours, FREESE AND NICHOLS, INC. Michael J Dellies, P E Project Manager John L Rutledge, P E Principal Attachments xc Mike Nichols Terri Witcher (OFF95450)T \DT44\AOREEMT LTR CITY OF DENTON , r ATTACHMENT A 4-15-91 ' STANDARD TERMS AND CONDITIONS F&N FOR PROFESSIONAL SERVICES 1 DEFINITIONS: The !term OWNER as usedl herein refers to City of, Denton The term EISttGINEER as -used herein refers to Freese,and Nichols, Inc, its employees and agents; also its subcontractors' andll their employees and agents The AGREEMENT consists of these Standard Terms and Conditions; attachments Hereto„the proposal'lletter by ENGINEER, terms/instructions typed on the face of the Purchase Order or other authorizationiby!OWNER' As used herein, WORK`refers to the professI nal services performed by ENGINEER pursuant to the AGREEMENT ,L { IL Rl r 2 ' CHANG11S. 'OWNER, without}lnvalidating'the'AGREEMENT, may order changes within the general scope of the WORM{ required by theIAGREEMENT by altering, adding to and/or deducting from the WORK :o'be performed' If anyjchauge under this clause causes an increase or decrease in the ENGIN R'S cost of, or the tithe required for, the performance of any part of the WORK under the AGREEMENT, an equitable adjustment willlbe�made by mutual agreement and the AGREEMENT modifie q in writing accor`dingly,' 3 TERMINATION: The obligation to provid'e'services under this AGREEMENT may be terminated by either p rty upon ten days' written notice In the event of termination, ENGINEER will be paid for all services tendered and reimbursable expenses incurred to the date of termination and, in addition, all reimburi able expenses directlyattributableto'termination 4 CONSE UENTIAL DAMAGESIri no`event shall the ENGINEER or its subcontractors,be`liable in contract, tort, strict liabifity„warranty, or otherwise for any special, indirect, incidental or consequential damages such as loss of product; loss of use of the equipment,or system, loss of anticipated profits or revenue, nonL. -operation or increased expense of operation or other equipment or systems 5 INFORMATION FURNISHED BY OWNER:, OWNER will assist ENGINEER -by placing at ENGINEER'S disposal all available information,pertinent to the Project including previou¢ reports and any othe r data relative to design, or, construction of the Project I ENGINEER shall have no habillty'for defects i the WORK attributable -to ENGINEER'S reliance upon or use of data, design+criteria, drawings, specifications or other, infoimanon furnished by OWNER and OWNER agrees,to indemnify and hold ENGINEER harmless from any and all claims and judgments, and all losses, costs and expenses arising t ierefrom ENGINEERjshall disclose to OWNER, prior to use thereof,`defects orlomissions in the data design criteria; drawings, specifications or other Information furnished�by OWNER to ENGIN ER that ENGINEER may reasonably discover in Its review and inspection, thereo �. 1 tI , 1, 6 INSURAN CE.- ENGINEER,ahall provide, to OWNER certificates of insurancewhich shall contain the followin minimum coverages (All limits m, thousands) CommerIal General Liability ° i Workers' Compensation Gene l,�Aggregate' 1 �$2,000 ,C Each Accident $ 500 , Automo Ile` LiabBity'(Any Auto) ` ` Professional Liability $3,000 Annual Aggregate CSL „v 'q 7' = SUBCONTRACTS: If, for any reason, at any, time duringibe progress of the WORK, OWNER 4L'1 1 determines that any subcontractor for the ENGINEER is incompetent or undesirable; OWNER'will notify the ENGINEER accordingly and the ENGINEER shall, take immediate steps for cancellation- "of such ' 4 _ }I }I subcontract. Subletting by subcontractors shall,tie subjectI to the same regulations, Nothing' Z - contained in the AGREEMENT shall create any contractual relation, between any subcontractor and , i OWNER. 1," s -(" ", -i , 1 r1 r t 1( u L 81 _p t ; _ i l Y OWNERSHIP OF DOCUMENTS: All drawings; reports, data, and other information developed In JAI project ' the execution of the WORK shall be,the property of the OWNER -upon payment of EI.NGINEER'S fees, -for services, ENGINEER may retain copies fot,recgrd purposes ENGINEER represents'that it hasla,, ' '� LL.1- policy and'procedure"designed to protect any; proprietary information developed during the WORD s ; including notices to its employes to prevent +unauthorized�=publication and disclosure) ON NER,agrees to - indemnify ENGINEER from all expenses, Igss, and damages caused by the use of the documents for other ;a protects without the concurrence of ENGINEER 9, —r i'— -POLLUTANTS AND HAZARDOUS'WASTES. ,It is understood and agreed that the ENGINEER has n neither created nor contributed to the creation or-existence'of any hazardous, radioactive, ioiitc, irritant,,',_ pollutant, or otherwise dangerous substance,or condition at the site, if any, and its coinpei� ation 1 , F hereunder is in no way commensurate with the potential r'sk of injury or loss that may be Faused by exposures to such substances,oriconditions , The parties agree that in` performing the VORKrequired by this AGREEMENT, ENGINEER does notltake possession or; control of the subject site, but acts,as an e ` invitee in performing the services, and is not therefore responsible for the existence of any, pollutant ' _present onlor migrating from the site Further, ENGINEER`shall have no responsibilityfor any pollutant during -clean-up, transportation,'storage or disposal activities fr, i i E 1 e a Y- � {� s �n 10 ESTIMAT&OF PROBABLE CONSTRUCTION COSTS: ENGINEER will furnish an' opinionh cft probable , F construction cost of the work, but does not guarantee the accuracy,of such 3estimates 40pljiions 0- J: _ probable construction cost, financial'evaluanons;,feasibility,studies, economic analysesEof alternate solutions and utilitarian considerations of operations and maintenance costs preparediby,F�NGINEER hereunder will be made on the basis of ENGINEER'S experienceaand qualifications aitd represent ENGINEER'S judgementras,an'expe'nencedFand'qualiHed design professional It is recognized, however,, t that ENGINEER does not have control over,theloost of labor; material,equipment or services furnished a by others or over market conditions `or contractors' methods of'determining their prices,' t (, I _ 11 GENERAL REPRESENTATION'DURING!CONSTRUCTION:'If'required by the AGREEMENT, ,r t -ENGINEER will furnish General Representation During Construction according to the defined scope for + these services ENGINE m ER`,wiil',make the prescribed number of visits each month to,dhe''site (as 1 " distinguished frothe continuous services of 'a Resident'Represei tative) to observe the progress and the 4,y qurming these services ality of work,and to determine in'generaltif theworkis proceeding in accordance with,tlte Contract _I Documents In perfo, ENGINEER, will endeavor,to protect OWNER against defects ^ and deficiencies in,the work tof Contractors„ ENGINEER will report any observed' def cieneies c, <, ,., ti 3 OWNER, however,, is understood that ENGINEER does not guarantee the,Contractor'siperformance,„ i nor is ENGINEER responsible for the+supervision of the Contractor's operation and employees, ENGINEER shall,not be„responsible for the means, methods,,techniques, sequences or procedures of construction selected by the Contractor, or,the'safety precautions and programs incident t ,;the or of,, ' the Contractor ENGINEER shall not be responsible for the actstor,omissions of any'person (except his - _ L own employees or agent) at the Project site or otherwise performing any of the worky, the Project ,lr OWNER designates a, person to'serve in the capacity of Resident Project Representative who is not ` ENGINEER or ENGINEER'S 'agent or employee, the duties, responsibilities and Iimi, if ,ts'of-authority = of such Resident Project Representative(s),will beset forth'in writing and made`a parr of-, this E AGREEMENT before the Construction Phase of the Project begins. , 12 -RESIDENT,REPRESENTATION DURING'CONSTRUCTION: - If required by the AGREEMENT, ' , _ ENGINEER will furnish resident representation�setvices with duties,,responsibilities and,) itations of i -authority of Resident Representative as deffned'in the=Agreement 2 F ` j t j ATTACHMENTS SCHEDULE OF CHARGES BILLABLE SALARY RATES POSITION MIN MAX PRINCIPAL 14411 17687 DEPT MANAGER 10087 16201 ASST DEPT MANAGER 7994 9993 PROGRAM MANAGER 7531 9414 SENIOR ENGINEER 9545 11990 ENGINEER V 8878 10342 ENGINEER IV 6687 9827 ENGINEER 111 6205 8220 ENGINEER II 5543 6542 ENGINEER 4280 5350 SR ELECTRICAL ENGINEER 9700 121 24 ELECTRICAL ENGINEER IV 7452 9315 ELECTRICAL ENGINEER III solo 8433 MECHANICAL ENGINEER IV 6405 8006 MECHANICAL ENGINEER III 51 40 6425 RESIDENT ENGINEER 9266 11582 SENIOR RESIDENT REPRESENTATIVE 7024 8303 FIELD REPRESENTATIVE II 4894 8313 DESIGNER II 7434 9293 DESIGNER 1 6563 8361 SENIOR ENGINEERING TECHNICIAN 8882 8370 ENGINEERING TECHNICIAN 4925 61 79 TECHNICIAN II 4242 65 38 TECHNICIAN 1 3725 4776 DRAFTER 2817 3522 CONSTRUCTION SERVICES TECH 11 4398 5498 PLANNER IV 5846 7308 ENVIRONMENTAL SCIENTIST VI & ASST DEPT MANAGER 7488 9360 ENVIRONMENTAL SCIENTIST V 6742 8428 ENVIRONMENTAL SCIENTIST IV 6274 7842 ENVIRONMENTAL SCIENTIST III 6676 7522 ENVIRONMENTAL SCIENTIST II 4997 5856 ENVIRONMENTAL SCIENTIST I 4532 4906 ARCHITECT V 9030 9729 ARCHITECT IV 71 35 9078 ARCHITECT III 5691 7114 ARCHITECT II 5094 6368 SENIORGEOLOGIST 7145 8932 HYDROLOGIST 11 5227 5498 HYDROGEOLOGIST 7040 8800 WORD PROCESSING/SECRETARIAL 3802 4355 ASSISTANT TO DIVISION MANAGER 5488 7433 CONTRACT ADMINISTRATOR 5205 6506 INFORMATION SERVICES CLERK 2912 4046 CO—OP 1775 3778 The ranges and Individual salaries wW be adjusted annually ConnI rapid CAD Ricom Plotter PCAD Statlone $10 00 per hour Bond 2 00 per plot Interpro $12 50 per hour Color $3 50 per plot PC Stations $8 00 per hour Vellum $4 00 per plot VAX Computer $20 00 per hour Mylar $10 00 per plot Print Shop B ueIN, $0 07 per square foot Offset and Xerox Copies $0 07 per single side copy Offset and Xerox Copies $0 14 per double side copy GBC Blnding(Reg Cover) $2 00 per book GBC Blnding(Emboss Cover) $400 per book Tape Binding(Reg Cover) $1 75 per book Tape Blnding(Emboas Cover) $3 75 per book Testing Apparatus Density Meter $350 00 per month Gas Detection $10 00 per test OTHER DIRECT EXPENSES Other direct expense, are reimbursed at actual cost tines a muluppher of111 They include outside printing and reproduction expense, communication expense, travel transportation and subshtence away from Pon Worth and other mwellxneous oxpai,ea directly related to the cork ineludingcoste of labomtoty analysis teats, and other aork required to be done by Independent persons otherthan staff members cpm A 09-30-95