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HomeMy WebLinkAbout1987-0911811L 1 AN N AND FREESEIANDC N CHO S, I C FOR RACT BETWEEN THE CITY OF ENGINEERING SERVICES ANDDDECOLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the City of Denton hereby approves an city and and Nichols ' for nc engineering agreement between eFreese ngservices inaccordan e witht said agreement Land the Mayor 1s hereby authorized to execute the agreement on behalf of the City SECTION II That the City Council 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 e day of 1987 RAY ST P NS, MAYOR CITY D[ DENTON, TEXAS ATTEST JENNI RS, SE RETARY CITY DE ON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY AGREEMENT FOR ENGINEERING SERVICES STATE OF TEXAS () COUNTY OF Denton () This Agreement made, entered into and executed this the day of 19 by and between t e ,ty of Denton, ere na er ca e e NER'�an reese and Nichols, Inc , hereinafter called the "ENGINEER" acting herein, by and through its representative, duly authorized so to act for and in behalf of said ENGINEER WITNESSETH, that in consideration of the covenants and agreements herein contained, the parties hereto do mutually agree as follows SECTION I EMPLOYMENT OF ENGINEER The OWNER agrees to employ the ENGINEER, and the ENGINEER agrees to perform professional engineering services in connection with the Project as stated in the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated in the sections to follow The Project shall include engineering design services required in revising the City of Denton's Drainage Design Manual, including an evaluation of the feasibility of implementing a regional stormwater detention system on Hickory Creek and an update and expansion of the Master Drainage Plan SECTION II PERIOD OF SERVICE This Agreement shall become effective upon ENGINEER and shall remain in force for the required for the design, award of contract, ject, including Additional Services and an by the OWNER -I- y execution by the OWNER and the period which may reasonably be and construction of the Pro - required extensions approved SECTION III BASIC SERVICES The ENGINEER shall render the following professional services for the development of the Project A PHASE I REVIEW OF THE STORM DRAINAGE DESIGN CRITERIA 1 Review the storm drainage design criteria of the 1975 Drainage Manual with the OWNER and identify drainage related problems that have been experienced by the OWNER and for which revisions in the drainage design criteria may be appropriate 2 Inventory the drainage design criteria for selected cities within the surrounding area in order to compare the OWNER's existing and proposed criteria with other standards 3 Review the current subdivision and land development regulations with regard to the problems identified in the Item A 1 and the proposed revisions of the drainage design criteria in mapping as by 4 Reviewtatus of he d MAlfor the four major watersheds crossing the proposed area of study 5 Review the status of the work plans (for flood control structures) of the Soil Conservation Service (SCS) for Hickory Creek and Clear Creek 6 Prepare a listing of recommended revisions to the storm drainage design criteria for review by the OWNER's staff 7 Meet twice with the OWNER to discuss the recommended revisions to the storm drainage design criteria 8 Attend one public hearing concerning the proposed revisions to the storm drainage design criteria 9 Prepare a final listing of revisions to the storm drainage design criteria for review and approval by the OWNER B PHASE II REVISION OF THE DRAINAGE MANUAL 1 Review with the OWNER's staff the preferred format for the revised drainage manual which will be simplified from the 1975 version of the manual but will incorporate applicable material from the 1975 manual -2- The revised manual will delineate the storm drainage design criteria, expected results of engineering analyses and the format by which design data will be presented (rather than illustrating specific design method) Determine which portions of the 1975 manual will be retained and reprinted in the revised manual ! Incorporate the approved revisions in the storm drainage design criteria with the applicable portions of the 1975 manual and prepare a master text for reproduction 4 After review and approval of the final draft by the OWNER, print fifty (50) copies of the revised Drainage Manual PHASE III VALUATION OF(See STORM WATER DETENTION PONDS ON HI 1 Meet with the OWNER and the SCS to review the progress of the implementation of the existing work plan for the Hickory Creek watershed and determine how the existing data of the SCS may be integrated into a watershed model which can be used to evaluate the feasibility of providing regional storm water control for watershed (The St)S does not currently haveacomputermodel foritsworkplan 2 Review the water rights issues which may affect the imple- mentation of a regional system upstream of Lake Lewisville and advise the OWNER of work that may be necessary when a regional detention pond system is implemented 3 Review the dam safety regulations which may affect the existing Class A structures constructed by the SCS and advise the OWNER of work that may be necessary when a regional detention pond system is implemented 4 Assist the OWNER in evaluating the preliminary engineering requirements of sites which may be purchased for regional detention ponds 5 Rview HthelCorpsflood of Engineersmodel forftheHickory 1985 Creek as FEMA evaluationyfor application in this Project 6 Prepare a Hydrologic Engineering Center (HEC)-1 model for existing and ultimate watershed development conditions for the Hickory Creek watershed The model will be limited to no more than 25 detention pond sites -3- l Review the HEC-2 backwater model of Hickory Creek as prepared by the Corps of Engineers in 1985 to determine the appli- cability for this project and also to determine the need for supplemental survey data The OWNER's surveying staff will provide the data requested 8 Utilizing the Corps' 1985 HEC-2 model for the main stem of Hickory Creek and the Dry Fork tributary of Hickory Creek, determine the differential floodplain for the main stem and the Dry Fork tributary for the area delineated in Exhibit A for a Storm discharges from existing and ultimate watershed development conditions without additional regional detention ponds in place (other than the existing Class A SCS dams), and mate b Storm development aconditionsrges from ewithiadditionalng and iwatershed regional detention ponds in place 9 Evaluate the size of the channel improvement in Hickory Creek that would be required to approximate the same floodplain width resulting from building a regional stormwater detention system 10 Prepare an opinion of the probable cost of construction for the recommended detention pond system and the channel improvement system discussed in Item C 8 and C 9 11 Summarize the results in a report and provide to the OWNER three copies of a draft for review 12 Incorporate ttwey (20)sancopiesevisions into the finaldraft and printnt DRAINAGE PLANPHASE IV V(FORNTHEDUPDATE OF THE WATERSHEDS ABOVE975 THECOMPREHENSIVE MASTER DESIGNATED FLOODPLAINS) (See Exhibit B) The designated floodplain on Hickory Creek will be the alternative chosen by the OWNER after completion of Phase III The designated flotheoFEMAin for Clear study availableeat thean Creek initiationdofooper this c iil be contract Inventory the existing major drainage proposed study area by assembling the from FEMA, the USGS, the SCS and the topographic mapping -4- facilities in the available information OWNER's aerial and Visually inspect the structures deemed crucial to the proposed design and determine the need to obtain field survey data for those structures The OWNER's survey crews will provide the field survey data identified Reviestudywthe area,land and,use planning nd the in coordination with zthe nOWNER'sg for hstaproposed staff, determine the land use that can be expected for ultimate watershed development in the proposed study area 4 Assemble information concerning existing or proposed major water and bridgesrthatitary wouldsewer conflictewithsproposedhways or drastreet drainage improvements 5 Assemble the information on high water marks and/or drainage problems furnished by the OWNER 6 Recommend a drainage plan for areas in the proposed study area delineated in Exhibit B a Define the acres) and determinesthesacreageainyeachater than 30 b Calculate the 100-year storm runoff volumes for the watersheds assuming fully developed watershed conditions as identified by the land use plan c Utilizing the slope of the land taken from the available topographic base mapping provided by the OWNER, establish a recommended size of enclosed storm drain larger than 36 inches in diameter, concrete -lined open channel or earthen -lined (natural) channel for the areas outside of the designated FEMA flood plains 7 Prepare mapping of the recommended storm drainage facilities utilizing as the base map the mylars of the 1" = 200' topographic base maps provided by the OWNER The ENGINEER will make reproducible will illustrateom the rthenal alignmentrofided the proposed posed the OWNER The mapping enclosed storm drains or open channels, the drainage area boundaries, the acreage of each drainage area, and the calculated storm discharge The drainage plan will be prepared as an overlay generated from digital data by either an Intergraph or AutoCad system and composited photographically with a screened copy of the topographic base maps provided by the OWNER Preparation of -5- the overlay in a digital data form will allow for that information to be utilized with the digital form of the topographic mapping at such time as the OWNER has its base maps digitized or scanned into digital data 8 Furnish to the OWNER one (1) copy each of the full size and half size reproducible mylars of the mapping referenced in Item C 7 so that the OWNER can run blueline copies 9 Provide 50 bound copies of the half size drawings printed in one color (black and white) SECTION IV ADDITIONAL SERVICES horized by Additionales o be ed y the ENGINEER, if described basic services, e services, are described as follows A Field Surveying required for the preparation of preliminary designs B Making necessary property, boundary and right-of-way surveys, preparation of easement and deed descriptions, including title search and examination of deed records C Preparation of applications and supporting documents for govern- ment grants, loans, or planning advances and providing data for detailed applications D Appearance before regulatory agencies or courts as an expert wit- ness in any litigation with third parties or condemnation proceed- ings includingarising thefrom preparationdevelopment engineeringconstruction and reports forProject, assistance to the OWNER SECTION V RESPONSIBILITIES OF OWNER OWNER shall do the following in a timely manner so as not to delay the services of ENGINEER A Designate in writing a person to act as OWNER's representative with respect to the services to be rendered under this Agreement Such person shall have contract authority to transmit instruc- tions, receive information, interpret and define OWNER's policies and decisions with respect to ENGINEER's services for the Project B Provide all criteria and full information as to OWNER's require- ments for the Project, including design objectives and con- straints, space, capacity and performance requirements, flexi- bility and expandability, and any budgetary limitations and furnish copies of all design and construction standards which OWNER will require to be included in the design C Assist ENGINEER by placing at ENGINEER's disposal all available information pertinent to the Project including previous reports and any other data relative to design or construction of the Project D Arrange for access to and make all provisions for ENGINEER to enter upon public and private property as required for ENGINEER to perform services under this Agreement E Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other insuranceecounselorpresented and other ENGINEER, consultantsobtain advice of an attorney, as OWNER deems appropriate for such examination and render in writing decisions pertaining thereto within a reasonable time so as not to delay the services of ENGINEER F Furnish approvals and permits from all governmental authorities having jurisdiction over the Project and such approvals and consents from others as may be necessary for completion of the Project t cost and insur- G Provide asdmay nbenrequired estimating for the Project, such legal services as OWNER may require or ENGINEER may reasonably request with regard to legal issues pertaining to the Project including any that may be raised by Contractor(s), such auditing service as OWNER may require to ascertain how or for what purpose any Contractor has used the moneys paid under the construction contract, and such inspection services as OWNER may require to ascertain that Contractor(s) are complying with any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work H Give prompt written notice to ENGINEER whenever OWNER observes or otherwise becomes aware of any development that affects the scope or timing of ENGINEER's services I The OWNER shall make or arrange to have made all subsurface investigations, including but not limited to borings, test pits, soil resistivity surveys, and other subsurface explorations OWNER shall also make or arrange to have made the interpretations of data reportsesulting from uch s All costs the OWNER -7- J K L A Research and provide the information specifically identified by the ENGINEER in the Scope of Work, including a The applicable subdivision and land use regulations and mapping, b The identification of drainage problems, c Designation of ultimate land use for the study area, d Location and size of major conflicts such as water and sanitary sewer pipelines or other utilities, e Information on historical high water marks, f Field surveying information and reduction of notes as identified by the ENGINEER, and g The legal consultation, appraisals and other efforts needed to determine the feasibility of buying or obtaining easements for each probable location of a detention pond h The original mylars of the topographic base mapping Furnish, or direct ENGINEER to provide, Additional Services as stipulated in Section IV of this Agreement or other services as required Bear all costs incident to compliance with the requirements of this Section V SECTION VI COMPENSATION BASIC SERVICES II copensation m amount Eoff$450or t,000 0,e work diniaccordance withned in Seion the shall the following schedule 1986 Fiscal Year $ 25,000 $212,500 (for (for Phase I and II) Phase III and parto 1988 1989 Fiscal Fiscal Year Year $212,500 (for completion of PhaseIV)V) Applicable Federal, State and local are not included in the lump sum amounts and will be added to the applicable services and requirementHofepayment ofesuchER is taxes, nopted badditionaltute frpayment he to ENGINEER shall be required Progress payments may be requested by the ENGINEER based on the percent complete Requests for progress payments will not be more frequent than monthly If OWNER fails to make any payment due ENGINEER for services and expenses within thirty days after receipt of ENGINEER's statement therefore, the amounts due ENGINEER will be increased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after giving seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for services, expenses and charges B ADDITIONAL SERVICES For additional services in Section IV, except resident represen- tation, the ENGINEER shall be paid based on the Schedule of Charges shown in Exhibit C Payments for additional services shall be due and payable upon submission by the ENGINEER Statements shall not be submitted more frequently than monthly SECTION VII TIME OF COMPLETION The ENGINEER will commence work on the Project immediately upon execution of this contract The ENGINEER shall complete the work in accordance with the following schedule and as illustrated on Exhibit D PHASE I REVIEW DRAINAGE CRITERIA (Summer of 1987) - 60 days after execution of contract PHASE II REVISION OF DRAINAGE MANUAL (Summer of 1987) - 60 days after approval of drainage criteria PHASE III EVALUATION OF DETENTION PONDS (Fiscal Year 1988) - 330 days beginning October of 1988 PHASE IV UPDATE MASTER DRAINAGE PLAN (Fiscal Year 1988 and 1989) - 540 days beginning April of 1989 This schedule of work for engineering services assumes w that each substaphase o the work progresses smoothly into the following phase sm delay due to public hearings or other conflicts which are not under control of the ENGINEER Such conflicts may cause the schedule to be revised SECTION VIII OPINION OF PROBABLE CONSTRUCTION COST The work, butEER doesill notfurnish an guarantee thenion of accuracyrofable suchcon cost of the estimates Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian con- siderations of operations and maintenance cost prepared by ENGINEER hereunder will be made on the basis of ENGINEER's experience and qualifications and represent ENGINEER's best judgement as an experienced and qualified design professional It is recognized, however, that ENGINEER does not have control over the cost of labor, material, equipment or services furnished by others or over market conditions or contractors' methods of determining their prices, and that any utilitarian evaluation of any facility to be constructed or work to be performed on the basis of the Report must of necessity be speculative until completion of its detailed design Accordingly, ENGINEER does not guarantee that proposals, bids or actual costs will not vary from opinions, evaluations or studies submitted by ENGINEER to OWNER hereunder SECTION IX OWNERSHIP OF DOCUMENTS All documents prepared or furnished by ENGINEER (and ENGINEER's independent associates and consultants) pursuant to this Agreement are instruments of in an ship and inrvice OWNERdmayGmakeRandall retainacopies forrinformation andty interest here - reference, how- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others Any reuse without written verification or adap- tation by OWNER will be at OWNER's sole risk and without liability or legal exposure to ENGINEER, or to ENGINEER's independent associates or consultants, and OWNER shall indemnify and hold harmless ENGINEER and ENGINEER's independent associates and consultants from all claims, damages, losses and expenses including attorneys' fees arising out of or resulting therefre EGINEER to further ocompensation atm Any such rrates ttonberagreediuponlby OWNER 1andNENGINEER -10- SECTION X ARBITRATION No arbitration arising out of, or relating to, this Agreement involving one party to this Agreement may include the other party to this Agreement without their approval SECTION XI TERMINATION OF CONTRACT The obligation to provide services under this Agreement may be terminated by either party upon thirty days' written notice in the event of substan- tial failure by the other party to perform to accordance with the terms thereof through no fault of the terminating party In the event of any termination, ENGINEER will be paid for all services rendered and reim- bursable expenses incurred to the date of termination and, in addition, all reimbursable expenses directly attributable to termination SECTION XII SUCCESSORS AND ASSIGNMENTS OWNER and ENGINEER each are hereby bound and the partners, successors, executors, administrators and legal representatives of OWNER and ENGINEER are hereby bound to the other party to this Agreement and to the partners, successors, executors, administrators and legal representatives (and said assigns) of such other party, in respect of all covenants, agreements and obligations of this Agreement Neither OWNER nor ENGINEER shall assign, sublet or transfer any rights under or interest in (including, but without limitation, moneys that may become due or moneys that are duel this Agreement without the written consent of the other, except to the extent that any assignment, subletting or transfer is mandated by law or the effect of this limitation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under this Agreement Nothing contained in this paragraph shall prevent ENGINEER from employing such independent associates and consultants as ENGINEER may deem appropriate to assist in the performance of services hereunder Nothing under this Agreement shall be construed to give any rights or benefits in this Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilities undertaken pursuant to this Agreement will be for the sole and exclusive benefit of OWNER and ENGINEER and not for the benefit of any other party -11- SECTION III ENGINEER shall indemnify and save harmless the OWNER and its officers, agents, and employees from the liability of the OWNER on account of any injuries or ages received ec ingdcourt or sustained costs, and by any person or persons or property, the OWNER, proximately reasonable attorneys fees incurred by caused by the negligentor masor i the ns of the execution ENGINEEor for ts officers, agents, Plo Yees in performance of this Agreement SECTION XIV The following exhibits are attached to and made a part of this Agreement Exhibit A Proposed Areas of Study for Storm Water Detention and Master Drainage Plan Exhibit B Proposed Areas of Study for the Master Drainage Plan Exhibit C Schedule of Charges Exhibit D Schedule of Work This contract is executed in two counterparts TESTIMONY HEREOF, they have executed this Agreement, the ,,Z-- _ay of May, 1987 CITY OF DENTON, TEXAS, OWNER ATTEST BY NARY 'RAYS ENS, MAYOR JEN F W L RS, CT CITY DENTON, TEXAS Cl OF D TON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY CITY OF DENTON, TEXAS BY ATTEST FREESE AND NICHOLS, INC , ENGINEER BY ROBERT L NICHOLS EXECUTIVE VICE PRESIDENT -12- -£I F 119114X3N`d�d 3J�NId2i0 2i31Sb'W oN\7OIJ_ _L 83J.bM W2i01S 80d a r ^l z Aon1S 0 SV38V o3SOdO8d � ,Z lY � f p n�i jl)I 1 V 38V AGUS NldldOO -U N3380 A800114 S318ONnOB 30VNId8O V38V Ndld 831SVW O3SOdO8d V38V Ntlld 831SVW BL61 199 IV p_ _ _ 1 t _ l u l 659 / f woo q�,� IDLY D9L —T �� �V wa3� t � n 1 afJ CI ti 2 1 f [ I I wp r- SKr• v I C41 - till S L � 4— Q � � �_ ' e t } 1f � ib I � 1•-._ .t } HS -1 j lod n� f �. ♦ .� i>ot Nnav I rf ' — D rluoS 9 1191HX� -bl NV -Id I3JdNidaa a31S` iN 3H1 a0d 1 Aan1S d0 V3ad a3SOdO8d AHa ONno9 AOnis a961 C&m ,3 AUVONno9 Aanls GL61'■ever■■ ON393-1 t I 3 a f OL EXHIBIT C SCHEDULE Of CHARGES SPECIAL SERVICES Staff Members Salary Cost Times Multiplier of 2 3 Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc , for time directly chargeable to the project, plus social security contributions, unemployment compensation insurance, retirement benefits, medical and insurance benefits, bonuses, sick leave, vacation and holiday pay applicable thereto (Salary Cost is equal to 1 3895 times salary payments This factor is adjusted annually ) Other Direct Expenses Actual Cost Times Multiplier of 1 15 Other direct expenses shall include printing and reproduction expense, communication expense, travel, transportation and subsistence away from Fort Worth and other miscellaneous expenses directly related to the work, including costs of laboratory analysis, tests, and other work required to be done by independent persons or agents other than staff members -15- 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