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1987-0911811L AN ORDINANCE APPROVING A CONTRACT BETWEEN FREhSE AND NICHOLS, INC FOR ENGINEERING AN EFFECTIVE DATE THE CITY OF DENTON AND SERVICES AND DECLARING THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the City Council of the Llty of Denton hereby approves an agreement between the City and Freese and Nichols, Inc for engineering services in accordance with said agreement and the Mayor ls hereby authorized to execute the agreement on behalf of the City SBCTION II That the City Council authorizes the manner and amount as specified in the expenditure of funds ~n the agreement SECTION III That this ordinance shall become effective immediately upon its passage and approval ~ ~ PASSED AND APPROVED this day of , 1987 ATTEST 3BNN~I~ER'~[LTBRS, CiTY-SECRETARY CITY~ DB~0rON, TEXAS APPROVED AS TO LhGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY LITY OF DhNTON, TEXAS 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 the City of Denton, hereinafter called the "OWNER~reese and Nichols, Inc , hereinafter called the "ENGINEER" acting herein, by and through 3ts representative, duly author3zed so to act for and in behalf of sa3d ENGINEER WITNESSETH, that ~n considerat3on of the covenants and agreements herein conta3ned, the part~es 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 serwces in connection w3th the Project as stated ~n the sections to follow, and for having rendered such services, the OWNER agrees to pay to the ENGINEER compensation as stated ~n 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 H~ckory Creek and an update and expansion of the Master Drainage Plan SECTION II PERIOD OF SERVICE Th~s Agreement shall become effective upon execution by the OWNER and the ENGINEER and shall remain in force for the period which may reasonably be required for the design, award of contract, and construction of the Pro- Ject, including Additional Services and any required extensions approved by the OWNER -1- SECTION III BASIC SERVICES The ENGINEER shall render the following professional services for the development of the Project A PHASE ! 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 ¢ Review the status of the floodplain mapping as prepared by the Federal Emergency Management Administration (FEMA) for the four major watersheds crossing the proposed area of study 5 Rewew the status of the work plans (for flood control structures) of the Soil Conservation Serwce (SCS) for Hickory Creek and Clear Creek 6 Prepare a listing of recommended rewslons 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 I 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- C 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 ~llustrating specific design method) 2 Determine which portions of the 1975 manual will be retained and reprinted in the rewsed manual 3 Incorporate the approved revisions ~n the storm drainage design criteria w~th the applicable port~ons of the 1975 manual and prepare a master text for reproduction 4 After review and approval of the final draft by the OWNER, print f~fty (50) cop~es of the revised Drainage Manual PHASE III EVALUATION OF REGIONAL STORM WATER DETENTION PONDS ON HICKORY CREEK (See Exhibit A} 1 Meet with the OWNER and the SCS to rewew the progress of the implementation of the existing work plan for the H~ckory Creek watershed and determine how the ex~st~ng data of the SCS may be integrated into a watershed model which can be used to evaluate the feasibility of prowd~ng regional storm water control for the watershed (The SCS does not currently have a computer model for its work plan ) 2 Rewew the water rights ~ssues 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 ~mplemented 4 Assist the OWNER in evaluating the prellmnary engineering requirements of sites which may be purchased for regional detention ponds 5 Rewew the HEC-1 flood routing model of Hickory Creek as prepared by the Corps of Engineers for the 1985 FEMA evaluation for application ~n th~s Project 6 Prepare a Hydrologic Engineering Center (HEC)-I model for existing and ultimate watershed development conditions for the Hickory Creek watershed The model w~ll be limited to no more than 25 detention pond s~tes -3- 8 10 11 12 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 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 w~thout additional regional detention ponds in place (other than the existing Class A SCS dams), and b Storm discharges from existing and ultimate watershed development conditions w~th additional regional detention ponds in place Evaluate the size of the channel ~mprovement in Hickory Creek that would be required to approximate the same floodplain width resulting from building a regional stormwater detention system Prepare an opinion of the probable cost of construction for the recommended detention pond system and the channel improvement system d~scussed in Item C 8 and C 9 Summarize the results in a report and prowde to the OWNER three copies of a draft for review Incorporate the resulting comments and revisions into the final draft and print twenty (20) copies PHASE IV REVISION AND UPDATE OF THE 1975 COMPREHENSIVE MASTER DRAINAGE PLAN (FOR THE WATERSHEDS ABOVE THE DESIGNATED FLOODPLAINS) (See Exhibit B) The designated floodplain on H~ckory Creek will be the alternative chosen by the OWNER after completion of Phase III The designated floodplain for Clear Creek, Pecan Creek and Cooper Branch w~ll be the FEMA study available at the initiation of th~s contract 1 Inventory the existing major drainage facilities in the proposed study area by assembling the available information from FEMA, the USGS, the SCS and the OWNER's aerial and topographic mapping -4- 4 5 6 7 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 Review the land use planning and the zoning for the proposed study area, and, in coordination with the OWNER's staff, determine the land use that can be expected for ultimate watershed development in the proposed study area Assemble information concerning existing or proposed major water or sanitary sewer pipelines and highways or street bridges that would conflict with proposed drainage improvements Assemble the information on high water marks and/or drainage problems furnished by the OWNER Recommend a drainage plan for areas in the proposed study area delineated in Exhibit B a Define the sub-watersheds (generally greater than 30 acres) and determine the acreage in each b calculate the lO0-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 the recommended storm drainage facilities Prepare mapping of ..... ~ ~,, = onn' utilizing as the base map the my[ars oT u,= · ~w topographic base maps provided by the OWNER The ENGINEER will make reproducible mylars from the original maps provided by the OWNER The mapping will illustrate the alignment of the proposed 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- 8 9 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 t~me as the OWNER has its base maps digitized or scanned into digital data 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 bluellne cop~es Prowde 50 bound copies of the half s~ze drawings printed one color (black and white) SECTION IV ADDITIONAL SERVICES Additional services to be performed by the ENGINEER, if authorized by the OWNER, which are not included in the above described basic 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- merit grants, loans, or planning advances and providing data for detailed applications D Appearance before regulatory agencies or courts as an expert w~t- ness in any l~tlgation with third parties or condemnation proceed- lngs arising from the development or construction of the Project, including the preparation of engineering data and reports for 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 -6- C F G Provide all criteria and full information as to OWNER's require- ments for the Project, including design object~ves and con- straints, space, capacity and performance requirements, flexi- bility and expandabllity, and any budgetary limitations and furnish copies of all design and construction standards which OWNER will require to be included in the design 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 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 Examine all studies, reports, sketches, drawings, specifica- tions, proposals and other documents presented by ENGINEER, obtain advice of an attorney, insurance counselor and other consultants 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 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 Provide such accounting, independent cost estimating and insur- ance counseling services as may be required 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 w~th any law, rule, regulation, ordinance, code or order applicable to their furnish- ing and performing the work G~ve 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 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 and reports resulting from such investigations All costs associated with such investigations shall be pa~d by the OWNER .?- K L Research and pro¥1de 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 s~ze 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 prowde, Additional Serwces as stipulated in Section IV of this Agreement or other serwces as required Bear all costs incident to compliance with the requirements of this Section V A SECTION VI COMPENSATION BASIC SERVICES Compensation to ENGINEER for the work defined ~n Section III shall be the lump sum amount of $450,000 00, ~n accordance with the following schedule 1986 Fiscal Year $ 25,000 (for Phase ! and II) 1988 Fiscal Year $212,500 (for Phase III and part of IV) 1989 Fiscal Year $212,500 (for completion of Phase IV) Applicable Federal, State and local are not included in the lump sum amounts and will be added to the applicable serwces and expenses However, if the OWNER is exempted by statute from the requirement of payment of such taxes, no additional payment to ENGINEER shall be required -8- B 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 ~ncreased at the rate of 1% per month from said thirtieth day, and in addition, ENGINEER may, after gtwng seven days' written notice to OWNER, suspend services under this Agreement until ENGINEER has been paid in full all amounts due for serwces, expenses and charges ADDITIONAL SERVICES For additional serwces 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 submtted more frequently than monthly SECTION VII TIME OF COMPLETION The ENGINEER will con~ence work on the Project immediately upon execution of this contract The ENGINEER shall complete the work ~n accordance w~th the following schedule and as ~llustrated on Exhibit D PHASE I REVIEW DRAINAGE CRITERIA (Sun~ner 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 (F~scal Year 1988} - 330 days beginning October of 1988 PHASE IV UPDATE MASTER DRAINAGE PLAN (F~scal Year 1988 and 1989) - 540 days beginning April of lg89 Th~s schedule of work for engineering services assumes that each phase of the work progresses smoothly into the following phase w~thout substantial -9- 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 ENGINEER will furnish an opinion of probable construction cost of the work, but does not guarantee the accuracy of such estimates Opinions of probable construction cost, financial evaluations, feasibility studies, economic analyses of alternate solutions and utilitarian con- slderatlons 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 ~s 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 service and ENGINEER shall retain an ownership and property interest here- ~n OWNER may make and retain copies for information and reference, how- ever, such documents are not intended or represented to be suitable for reuse by OWNER or others Any reuse w~thout written verification or adap- tat~on by OWNER will be at OWNER's sole r~sk and w~thout 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 therefrom Any such verification or adaptlon will entitle ENGINEER to further compensation at rates to be agreed upon by OWNER and ENGINEER -10- SECTION X ARBITRATION No arbitration arising out of, or relating to, thls Agreement involving one party to this Agreement may include the other party to th~s Agreement w~thout their approval SECTION XI TERMINATION OF CONTRACT The obligation to provide serwces under th~s Agreement may be termnated by e~ther party upon thirty days' written notice in the event of substan- tial failure by the other party to perform ~n accordance w~th the terms thereof through no fault of the terminating party In the event of any termnatlon, ENGINEER w~ll be pa~d for all serwces rendered and reim- bursable expenses incurred to the date of termination and, ~n addition, all reimbursable expenses directly attributable to termnat~on 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 sa~d 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 l~m~tation, moneys that may become due or n~neys that are due) this Agreement w~thout the written consent of the other, except to the extent that any assignment, subletting or transfer ~s mandated by law or the effect of this limtation may be restricted by law Unless specifically stated to the contrary in any written consent to an assignment, no assignment w~ll release or d~scharge the assignor from any duty or responsibility under th~s Agreement Nothing contained ~n this paragraph shall prevent ENGINEER from employing such ~ndependent associates and consultants as ENGINEER may deem appropriate to assist in the performance of serwces hereunder Nothing under this Agreement shall be construed to g~ve any rights or benefits in th~s Agreement to anyone other than OWNER and ENGINEER, and all duties and responsibilit~es 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 l~ab~l~ty of the OWNER on account of any injuries or damages received or sustained by any person or persons or property, ~ncludlng court costs, and reasonable attorneys fees ~ncurred 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 SECTION XIV 2he following exhibits are attached to and made a part of this Agreement Detention and the Master Drainage Plan Exhibit A Exhibit B Exhibit C Exhibit D Proposed Areas of Study for Storm Water Master Drainage Plan Proposed Areas of Study for Schedule of Charges Schedule of Work This contract is executed in two /~daTESTiMONY HEREOF, they have y of May, 1987 ATTEST jEN~F~R-W~LTERS; CI CIT~OF D~NTON, TEXAS APPROVED AS TO LEGAL FORM DEBRA ADAMI DRAYOVITCH, CITY ATTORNEY counterparts executed th~s Agreement, the CITY OF DENTON, BY ATTLST CITY OF DENTON, TEXAS, OWNER CITY OJF DENTON, TEXAS TEXAS FREESE AND NICHOLS, ENGINEER INC , BY ROBERT L NICHOLS EXECUTIVE VICE PRESIDENT -12- V .LIglHX3 NV-Id 3~NIVEIC] EI:IJ. SVlN CINV NOIIN313~ H3£VN% INNOIS ~04 iOfllS ~0 SVBI~V Ci:lSOdObld V3~V AO iS S3la~ aNflO~3 '39VNIVaO ' V3EIV NVqd 13.LSVlN (]3SOdONd "Id ~3J.S~l~ g£61 .... 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-