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
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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
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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
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8
10
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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