Res 152-2009 11/17/2009 RESOLUTION NO. 1 `�� - ���.
Resolution Authorizing The City Manager To Execute A
Professional Services Agreement Between The City Of Wichita
Falls And Freese And Nichols, Inc. For Drainage Master Plan
Update In An Estimated Total Amount Of $464,240.00
WHEREAS, the City of Wichita Falls desires to enter into an engineering
services contract for the City of Wichita Falls Drainage Master Plan Update; and
WHEREAS, Freese and Nichols, Inc. is proposing to do this work for an amount
of $464,240.00.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WICHITA FALLS, TEXAS, THAT:
The City Manager is authorized to execute the attached Professional Services
Agreement between the City of Wichita Falls and Freese and Nichols, Inc., for
Drainage Master Plan Update in an estimated total amount of $464,240.00, with such
changes to form as are approved by the City Attorney.
PASSED AND APPROVED this the 17th day of November, 2009.
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MAYOR
ATTEST:
C Clerk
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professional Setvices Agreement between the City of WicLita Falls and t
Freese and Nichols, Inc. for Drainage Master Plan Update �
CI'Py; The City of �chita Falls, a Texas municipal corporation !
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ENGINEER: Freese and Nichols, Inc., a Texas corporation i
� PROJEGT: Drainage Msster Plan Update �
TIMETABLE: ENGINEER will begin performanoe nPon execution ofthis agreement and expects these services to be performed i
within 15 mo�s after execution of tfiis ageement If the timeline exoends more tban 15 months due to failure of the City to I
timely perform any of its requued obligations, then ENGINEER may terminate this agreemem. �
pAyMENT; Project Total for Basic and Special Services: 5464,240 j
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Basie Services —Lamo Som: 'Ihe Wtal fee for Basic 5ervices shall be computed on a Fump sum basis as detailed below in a i
totat amount not w exceed Sd43,840. If ENGIIVEER sees the Scope of Services changing so that Addidional Services aze �
needed, includingbut not liauted to those services described as Additional Services herein, ENGINEERwilI notify CITY for �
CITY's approval before proceeding. Additional s�vices shal! be computed based on the Schedule of Charges. ;
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Dtainage Manual and Ordinance Update
$44,638 j
Data Collection and Scseenu�g af Project Areas $gg.952 �
Study for Approximately IS to 18 Project Areas E242,050
CIP Development $43,469 ;
Repo�t Developmeni 524,'/3l �
BASIC SERVICES TOTAL �
�ecial Servi es —Cost Pius not to Ezceed: Compensation to ENGINEER for the Special Services s1�ai1 be based on a cost '
plus basis not to exceed 520,400 as detailed below. If ENGINEER sees the Scope of Services changing so that Addirional
Services are needed, including but not limited to those services descn'bed as Additional Services herein, ENGINEER will
notify CITY for CITY's approval before proceeding. Addirional services shali be eomputed based on the Schedule of
Charges.
2. Paymeot for Additional Services. CITY shaIl pay ENGTNEER for Additiooal5ervices requcsted �d rendered as follows: '
Staff Memba Salary Cost Times Multiplier of 2.23
Resident Renresentative Salary Cost Times Multiplier of 2.0
Salary Cost is defined as the cost of payroll of engineers, draftsmen, stenognP�, ��e°� ��e�ks� lab°rers� eu f°r
tbe time directly chatgeable to the project, plus social sec�ity contributions, une.mployment compensation ins�uance,
ret'vement benefiu, medical and �sutance benefits, longevity payments, sick leave, vecation and holiday psy applicable
thereto.
Qther buect E�en� Actual Cosc Tmies Multiplier of i.10
Other direct expenses shall inclade outside prinring and reproduccion expense, communication expenu, travel,
transportatiou and subsistence away from Fort Worth and otha miscellaneous expenses directly related to tbe work,
including costs of laboratory anatysis, tests, aud other work required to be done bY independe� Persons other than staff
members. ForCADservicesperformedin-housebynon-ENGIldF.ERemplaYces"'�'ereENGTI�EERpc
and equipment to perForm such services, these services �tn'll be bilted at cost times a mnitiplier of 2.0. This mazieup
approximates d�e cost to ENGINEER if an ENGINEER employee waa pea'formin$ the same or similar services.
Rates for In-h�
CornpuDer PM�
$10.00 per ho� Black and White
S0.}0 per copy
Plouer Color
Bond $ 2.50 per plot $0.50 per copy
Special S 5.00 per p]ot
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Color $ s.7s per ptot B' � �
$5.75 per book j
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Testina Anusratus �
Deasity Meter 5700.00 per month
, Gas Detection $ 20.00 per test
2.2. For expenses for Addidonal Services, ENGINEER shall be compensated at the actual cost to ENGINEER baged on rates `�
referenced above ac as previously a�rr,ed upoa in writing. Where field parties are used, expenses shall i�lude chazges for ffie I
use of any special inshvments and equipment, including marine equipment, and expendable items such as stalces and `
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monwne�s. i
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3. Times of Paymenis:
3.1. Timms of Paym�ts--ENGINEER shall submit mo�hly statements frn' secvices rendered. For Basic Services, the �
s�t�ents will be baaed upon E13GINEER'S estimate ofthe proportion of the total services acwally completed at the time of
bill'mg. CITY shall make prompt monthly payments in response to ENGINEER'S mo�hh+ stat��•
3� past_Due payme�s—CITy agrees to pay a chazge of 0.5%per mmrth on all amvoiced owed amounu not paid within 30
days of the date of tfie invoice, calculeted fi'om the date of the invoice. In eddition, ENGINEER may, a8er Bving 10 daYs'
written notice to CITY, susPend services under this AgeemeTrt until the kT1GINEER has been paid'm full al1 �o�mts due for
servias and expenses-
SER�CES OF ENGINEER— ErIGiNEER shall per£°rm pr°fessional engineerinB servic�s � descnbed herein and 'm the
attac6ed Scope of Services.
SpECL4L SEIt'VICES: ENGINEER shall provido d�e followmg professional special services in connection with the development
of the Project:
Field Survey (Cornerstoae)
A siuvey budgec of approximaulY S2U.4�0 has bee° established for this project to supplement projecc data essn+anS
plans and 5eld conditions are in discrepenaY oT Plans az'� aot available. Tbis task will be billed at an approximate 51,700
daily rate for field survey crews with GPS ecN�Pmeirt, field deta processing tim� � re��' hme by a regisoered licensed
profasional s�m+eyor (RPIS) for a totai of apQroximately 12 days. If mors survay work is needed than is assumed in �is
scoQ0. ENGINEER will ce9uest such services, which may be authoriud by CITY as additional savices.
ADDITIONAL SERVICES: ENGINEER shall perform the following Additional Sen+ices if authorized in writing by CIT'Y'S
�tEpRESEI�TTAT'IVE, These additional services are not included in the above descnbed basic services end are described as
follows:
1. 1Naking revisions to dcawings, specifications or other dauments whea such revisions aze 1) nnt coasist�t with approvals
or instrucrioas previously givm by CI7Y or 2) due to other causes not solely within the control of ENGINEER.
2, proparmg applications and supporting dcewnents for government gFmu, loans, or planaing advmices and provid'mg data
for detailed applications.
3, preparing data and reporls for assistance to CITY in preparation far he�ings before regulatory agencies, courts,
atbii�ation panels or any medietnr, givmg testimonY� PeTS°nally or by deposition, and prepa�ations thenEore before any
xegulatory agency, cowt, arbitration penel or mediator.
4. Assigtmg CITX in preparing for, or eppeam8 at firigadon, mediarion, arbivation, dispute review boacds, or other legal
and/or administtative proceadings m the defense or prosecution of claims disputes widi Contracm;{s).
5. Assisting G1TY in the defense or prosecution of litigation in connection with or in addition to those services
contempla�d by this AGRF.EMEI�T. S1ich services, if any, shall be furnished by ENGINEER on a fee basis rngotiated
by the respecrive perties outside of and in addition to this AGItEEMENT.
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6. Provid'mg envfronmental support services 'snc3uding the design and implanentation of ecological basetine studies, �.
environmentai monitoring� imPe�t ��ce��.�ent and analysas, Permitiiwg assistance, and other assistance required to �
address endvonmmtal issues. I
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7. V isits to the sire in excess of tfie mimber of trips normaIly required for completion of Scope of Services for paiodic site i
visits, coprdmation meetings, or conuact completion activities. �
� 8. Providing basic or edditionat services on an aaxterated time schedule. The scope of this service 'm�clu�c �lY
overtmne wages of employees and consultants> mefficiencies in work sequence and plotbng or reQrodu
a�n'butable to en accetereted time schedule d'uected by the CITY. ,
9, Provid'mg services made necessary because of imforeseen, concealed, or differing site conditions or due to the presence �
of he�ardous substances in any form.
10. Provide Geotechnical investiBadons, smdies and repom. I �
DESIGPIATED REPRFSENTA11VE5: ENGINEER and CTfX designaze the following rtpresemari�es:
CI'CY's Aesignated Representative - Neune:
Address:
Phone:
Fax:
E-mail:
CI'TY's Accounring Represe�rtetive - Name:
Address:
Pj10M:
Fax:
Smail:
ENGIl iEER's Project Manager - Milce Wayts, P.E., CFM
1701 N. Market 5treet, Suiu 500, LB 51
Dallas, Texas 75202
Phone:214-217-2222
Fax:214-217-2201
E-mail: mdw(d�frease.com
ENGINEER's Accoundng Repcesentative - Patti Allen
40551ntan�tional Pleza, Ste 200
Fort Worth, Texas 76109
Phone:817-735-746b
Fa�c: 817-735-7491
GENERAL CONDITIONS:
1. Termmstion—CITI' or ENGINEEIt may termineto this Agcement upon l0 days written notice to the otha pa¢tywrth the
understandin8 that all serviees being performed under this A�reranent shall cease upon the dat� specified in such notice. In
the event of em�ly Dermination, ENGINEER sLa11 invoice CITY for mry phase completed prior to teJmination �d the
percentage of work satisfactorily comQleted aad submitted W CTPY for azryphase psrtly completed on the effeaive date ofthe
teminaUOn.
2. Owneiship 8c Mainteoance of Docoments-AB documents and digital files prepared andlor assembled by ENGINEER
under this Agreeme.nt shall become the pmperty ofthe CITY �d shefl be delivered to CITY without �atriction on future use.
CITY's re-use of documents on fiuure projects will be at the sole risk of CTCY. ENGiNf?ER may make copies of any and all
docum.mts for its files aad re-use information contained therein. ETIGINEER will maintain projat reoords for duee years
e�8er the CITY has made finai payment to the Conhactor and all other peuding matters are closod and provide copies thereof
w CI1"Y if requested
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3. Controlling Law—This agreement is performable and is to be governed by the law applicable in Wichita Falis, Texas. f
Sole venue for any action arising imder this Agreemerst shall be ia Wichita County, Texas. i
4. Assigument of Contracc—ENGINEER shail not essign, sublet ��fer any righu under or interest �n (including, but !
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without l�itations, monies that may become due or monies iLat aze due) this Ap,reement without the written consent of the i
other. Unless specificaliy stated to the contrary in any written coasent to 8° assignment, no assignment wi3] release or ,
dischatge the assignoc from any d�rtY or responsibility �md� this Agreement Nothing contained in tlus pazagaph shali
prevet�t ENGINEER from employing independent consultanu, associates, subconuactors, and employxs to assist it m the i
performence of services heteunder.
5. No T6'vd-Psrty Beneficiaries—Nothmg herein shall be construed to give any ri�ts �benefits to atrynne otherihan CI'fY
and ENGINEER.
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6. Indepeedent Coutractor—Tn pedorming servieas imderthis A�'eement, the relationship betweaa CTI'Y and ETiGINEER '
u that of uidependent co�raccor, aad CITY and ENGINEER by the exec�ion of thss Agreement do not change the �
independent conuactor status of ENGINEER No berm or provision of this Agoement or � o i � af�GINEER
performance of this Ageement shali lx constued as maldag ENGINEER or any agert, servent or emp oy
the agent, savant or employce of CITY.
7, m m��y ENGINEER a�rees to release defend_ indemnify, and hold the CITY whole and harmless aeain4t az►v an�l
� amts and achons for damaees. costs and to �rsons or wonertv that mav ans� out o£ or be occas�oned_b_Y 4T
from am ne¢l�emt act error or omission of ENGINEER or anv officer aaent sesvant emolavee or subcoe tor
F'�r(}iNEER m tlae exgcution or �erfomiance ofthis Contract.'Che ENGLA?FFR faRher a_gee.s to release, defend, md�mnnifv,
az�d h old harmless d�e CI'TY and the TY's officers se ts and cmolovces fra�m liabilit�f� amY claims o� iniuries or
dama¢e made trv or ou behalf of ENGINEER or am of ENGINEER's officers aeents or emol�su�tintt m the
oerfotmance or �t�nerfmmance of this Con�a�re,�o*�!tesg of whet�er the mn or damA_4e u causea m wno�c or m
p azihy �nv acS,v or omissions of CTfY or anv hidden or a�arent condition of �mnertv owned or controlledbv tbe CITY.'Lbis
��demn�tv shall not a[miv to any cL w the extent to which ENGINEER is nrolubited from indemnifvine a eo �
entity »ursvant to Ten. Local Gov't Code 6 27,J 904 or other law.
.I�is e�eeme� �nd �d ��� may anly be amended, supplemented, modified or canceled by a duly executed written
instrument.
E7{ECUTED, this the day of , 200�,
CiTY: City of Wic6ita Falls, 7'e:as LNGINEER: Fmse sod PI' o1s, inc.
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Da�ron u�c�, ciri t��s� T Ino w►as �aste.r, P, E,� Pr � n ��� �
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pTTEST:
Lydia Oz�a, City Clerk
FORM APPROVED:
Miles Risley, City Attomey
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Scope of-.Services I
BASIC SERVICES: ENGINEER shai] render tbe following professional services m connection with the developmeM of the i
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'The purpose of this scope of work is to provide a Drainage Master Plan Update £or the City of Wichita Falls, Texas (Cl'fY). {
Freese and Nichols, Inc. (ENGINEER) proPoses tt►e following scope of work to include: �
. Developing a drainage criteria manual and a dtainage ordinance update for the C1TY; j
. 2dentifymg and ranking potentis] drainage improvements for problem azees within the CITY; and ;
• Developing a Stotm WaLer CIP to implement the most severeThighest priority CIP projects for the CTI'Y. i
Project delivera6les will include a Storm Water CIP Summary Report that includes identified problem area descripuons, (
preliminary evaluation metbodology and resulu, CIP ranking procedures and results, problem aress selected for detailed study,
proposed CTP alternazives and opinions of probable constrnction cost. In addiaon, this project will develop aa update �e �
drainage design manual and storm water ordinance. ENGINEER plans to partner wi11i a Wichita Falis based engin g �
Proven Comerstone Engineering, PL1..0 (Comerstone) on the project.
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A. Dra9nsge Maonal and Ordivance Update i
a Project Kickoff Meeting: Meet with CI'PY to roview scope and schedule of the Projeci aod criticat Project
milestones. ENGINEER will preunt a memorand�mm witlining data needed foz tbe Project aad will review the
data request memorandum with CITY to determine �'v1�at data snd data fotmat is available from CITY.
b. Review Existing Subdivision Ordinance and Manaat: ENGINEER will review the City's exisNng storm waber
ordinance requireme�s for development activity and the criteria speciSed in the manual. Alist of recommended
impmvemenu wiU be identified. Reviewing the City's other ordiinences and desiga critaia to idtnrify pountial ,
conflicts with the upda�d storm waur ordin�ce and manual are responsibilities of CI'CY. ENGlI1EER will
review otLer ond'uianas and design criuria as an additional service upon request af CITY. ,
c. Conduct StaffMeetings to Identify and Addrcss Storm VJater Policy Issaes: ENGII�iEERw�II meet up to four (4)
times to presentand d�scuss storm water P°�icy iasues elong with recommendations. The goal of each meeting is
tp determme the dttection for C1TY for eactt policy issue. EAIGINEER will attend ug co four (4) Staff meetings.
d. Conduct Publie/Committee Meetings: ENGINEER will coordinate wiffi CITY's staffto attend and participate in
up to two (2) public or committee meetings to obtain commuaity mPut for the development of the storm water
ord'u�ance and design manual. CTI'1' will be re.sponsble for the mcetmg location, invitationa, and mnterisls, such
as tables, chairs, ete. ENGRJEER will be prepared to present en overview of the Qroposed otdinence/mauual
updsu, as well as to receive aod eddress public commeuts etthe meetittg• ENGINEER witl summarize comm�
received az each meeting and will address the comments m a written response w CITY. ENGINEER will attend up
to two (2) PublielCommittee mee�ings•
e. DraR Updaud Ordinance and Storm Weter Design Manual: Sased on input from the four (4) meetings with
CITY's staff and the two (2) publidcomtniuee meetings, ENGTNEERm71 develop and submit for CITY's review
a draft Storm Water Menagement Ordinance and Storm V✓ater Iksigp Manual.
£ Provide City Co�cil Updau: Auend one (1) City Caemcil meetmg to update Co�mcil on the proposed Storm
Water Management Ordm�ce aad Storm Waur Design Mam�al.
g. Provide Final Draft Updated Ordinance and Storm Water De9ign M�ual: ENGINEER will incorporate dra@
con]Inents from CITY and develop a fmal draft Storm water Menag�ent Ordinan�e �a storm wacer Des;gn
Mauuat. Five (5) hac+d oopies and one (1) elacuanic copy of the fmal �aft Swtm Water Menagem�t Ordmance
and Storm Water Design Manual will be provided w CITY. CITY wa11 be responsible for legal processuig of the
Smal dcaft Ordinffice to meef City Code formaLs and related nquitemenu.
h. Attend City Council Meetmg for Ordinance Adoption: ENGINEER will suend one (1) Ciry Council meeting
when ffie Sbotm Warter Maoagement Ordinem�e is scheduled t° be considered for adnption W be available upon
request from CI'fY to address Council or co�unity questions about the Ord'mance or Design Manual.
The CIT'Y hes provided a prel�mary list of approximataly 60 identified poteniiat drainaga improvement projects. This
proposed scope will 'mclude eo inirial screening of all 60 project aieas to determme severity of drainage issues ax these
laxeons. Basecl upon tbat screening and in consultation of the CITY, I S to 18 ofthe areas considered more severe will
be selected for further analysis. ENGINEER will provide the CITY with mfozmation regard.'ung existing conditions,
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a}temative projxi development, conshvction cost opinions end a CIP ranking. In the future, as a maste�' P1an uPda�, �
addrtianaf project areas can be added to the list as needed. ;
g, Data Collectioa and Sereening of Project Aress I
a ENGIDTEER will attend a]dck-off meeting with CFTY to review scope of worlc, schedu3e mid budget and
coordinate obtaming data teq+s'ved for the study. '
b. ENGINEER will obtain existing drainsge criteria and drainage ordin�c�s utilized by the Ciry. '
c. ENGINEERwill obtam available wpograph�e maPs, mninS maps, thomug}dare master plan, previo�s studies and �
iand use maps from GTTY. ENGINEER will prepare a City basemaP usinB the collected iaformation
d. ENGINEER will coordinafe with CITY to cequest all FEMA data from the FEMA Lbracy 'ntcSnding FIS studies, I
current gIRM maps, effective hydrologic and hydraulic models and work maps. k
e. ENGIIVEER will obtain "As-Buih" plans for culveidbridge crossiags and channel improveme�s for identified
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project areas. j
f. ENGINEER wiII delineate contributing watersheds to identified project azeas based on available data wad CI'I'Y �
steff input. �
g. Et�iGINEER will interview CITY's staff to conSrm reciuring flood P�obiems such as flooding damaBa ro� I
overtoppmg, major erosion concerns and damage to City in&astructw�e• �� �,priorto �
h ENGINEER will prepaze Pro,ject field ranking sheets and coordinate severity ianlangPTOCe�
performing field visiu.
i, perfoim icp to three (3) 5eld visitg to observe and phomgiaph identified project areas. i
j. ENGIN£ER will perfom� a desktop assessment of identifiad project azeas based on field visits, avaitable daffi and i
CITY stsff ix�put- �
k. ENGINEER will conduct one (1) mcetmg with CITY e8er Data Collecdon and Scceening of Project Areas is
compleu. This meetimg will be W re`ne�' Seld visits and swnmariu problems identi5ed and confirm the Project
AreaS to be studied 'm more detail ia the oext ptoject task.
C. Study for Approximately 15 W 18 Project Aress
e. Usmg severity ranla�tg from above task, ENGINEER will perform a deta�ed anaiysis and develop akeruative
drainage innprovements for the top 15 ta 1 B rankal A'ojed.Areas W include: l
a Eaisting Condition Hydro{ogic and Hydraalic Analyses on-site and '
i. For each study area, ENGINEER will delineate local watershedbesms desenbing
o$'-site dtainage areas and tlow �-
ii. Followmg the City of Wichita Fails Stocm Water Design Menual and O[3in�� Pro���
ENGINEER will develop e�cisring conditions and fuIly devel�ed land use hydrology.
iii. ENGINEER will analyze the e�dsting storm dramage infiastruavre's capacities inctuding
pipes, strcets, alleys, and local channels that may potentiallY be the cause of the flooding
complaint.
iv. ENGINEER will docummt t6e existing problems and same ofthe poteatial funae problems
that may be encounteied. This documentation wiil include the stncm event that, fi�st exceeds
C1TY's right-of-way, and the storm event thet first causes slm�ture fl°°d�ng• Sa'x�ue fmish
floor elcvations will be estmiated from two-fa�t topogcaPhY•
v. ENGINEER wi[1 condnct one (1) meetmg with CTfY after Eaosting Condition Hydrologic
and Hydraulic Analyses aze complete. Tktis meeting will be to present findings snd gain
CI7'Y staff uiput on potenrial aketnative drainage improveme�s for each Projeci Area.
b. Alternative Analyses
i. Evaluate structural or non-structu[al altematives such as watershed management stcategies,
detenrion, bny-outs, increased capacity o� divasion of flow to alleviete e�scing or Poteanel
problems identified. One atternative will be salected with C1TY coordinet�°n to finslize
modeling.
ii. Prepare conceptuel e�clubits of seleeted alternative and opinion of probable construction
c�ts. '['hese opinions of probable oonstructi� costs w�71 be adequate for budgeting �d
�8 P�� only, and will include land acqnisition costs if applicable. I.ong term loss
tax mvenue and maintensnce costs will not be inclnded. Right-of-way, easements or utility
conflicts will not be ideotified 'm this scope unless this infamarion is supplied by CI'TY.
ui. Repare docnmensation on tlu selected altemative and document what strucwreg may have
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poteaiial for continued flooding given the selected altemadve. �
iv. Conduct one (1) meetmg with C1T1' after Altemative Anatyses aze comQlete. This meeting `
will be to present results of alternative drainage improveme�s for each Project Area- �
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p, CIp Devdopment �
a ENGINEER will develop a ranking proced�ue to apP1Y methodically m altemat'ves selected by CITY. �
b. ENGINEER will cowdinaze with CITY to adjusc the ratildng procedures to con�� to CITY sQecific ;
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requsanents and gain staff input. �
c. ENGINEER will finaiize list of Projects that are renked on a city-wide basis. Coordi�te with C1Ty staff to �
discuss potential mechanisms to fund Projects and the timing of expected Project impleme�tion.
d ENGINEER will conduct one (1) Councii Waaicshop Preseotation with CITY Siaff and City Council to presenc I
findings of CIP study lisc Potential Projects, fiwdiag mech�isms and the t;m�nv of expected Project ;
imQlemmtation. Meetmg also intmded to gain feedbaelc from City Couneil on potential Projects. �
e. ENGINEER will conduct oae (1) Camcil Meeting Presencation whh CII'Y Sta$ City Coimc�7 ead Seneral Pnblic ;
to preseat Sndings of CIP study list potential Projecm, f�nding mec3�anisms and the timing of expected Projett �
�plementalion.
E, Report Aevelopment �
a ENGINEER aall prepsre a Stoim Water CIP SummarY RepoR that mclndes identified problem azea descriptions,
preiiminary evaluaUoa methodology and resntts, CIP isolcing procedm'es enct results, problem azeas solected for 1
d��ed study, proposed CIp aiternatives, exhibits mmd opinions of probable construction cost
b. ENGINEER �+�ill develop and deliver five (5) hard copies of the draft CIP report.
c. ENGiNEER w�ll receive and incotporate CTTY commenss to the dra$ CIP report. ,
d ENGINEER will develog and deliver five (5) hard copies of each final CIP report.
e. A CD will be inclvded in the final report which will conteia electronic files of the reports, models, exhibits, ba4e
mappfng topogaphy, orthophotogrephs, l�d use, aad soils informarion.
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Responsibilities of City
CTTY will endeavor to perform the following in a timely ma�oez so as not w delay the services of ENGINEER. Failute of the
CITY to paform arry o€the following du�es shall not authorize ENGINEER to seefc damages or additianal compensation for this
agreement, but may excuse compliance wich deadlsnes described herain and entitle ENGINEER to terminate this agreem�t.
A. Designate in writing a person to act as C1TY's representative wifh respect to the services m be rendered under
this AGREEMENT. Such person shal( have contract authority to transmit ms�vctions, receive infocmation,
intetpret and define CITY's policies and decisions with respect w ENGINEER's savices for the Project.
B. Provide all criteria and full information es to CITY's requ�ements for the Project, mclud'mg desigo objectives
�d constraims, spaoe, caPecitY and performance requirements, fleaubilRy and expendabilitY� ��Y�S�Y
limitatioos; �d fiunish copies of all desig� and construction siandards wluch CTTY will requue to be included
in the drawings and specifications.
C. Assist ENGINEER by placing at ENC�INEER's disposal atl available informarion pertment to the Project
including previous reports and any other data relative to design or consVUCtion of the Project
D. Arrange for access to and make al! provisions for ENGINEER to enter upon public and private properry ss
required for ENGINEER to perForm services zmder this AGREEMENT.
E. Exemine all studies, reports, sketches, d�awings, specifications, proposals and other documents presented by
ENGINEER, obtain advice of an attomey, inss�aence counselor and other consul� as CITY deems
appropriate for such examination and render in writing decisions pertainmg thereto within a reasonable time so
as not to delay the services of ENGINEER.
F. Furnish approvals and Qermits from all govemmental authorities having jurisdiction overthe Project and such
approvals and consents from others as may be necessary for completion of the Projeck
• G. Give prompt written notice to FNGINEER whenever CITY observes or otherwise becomes awaze of atry
develo�ent that affects the scope � timing of ENGINEER's services, or eny defect ornoaconformance ofthe
work of aay Contractor.
H. Consider requests for Additional Services or other services as requ'ved.
T. Bear all costs incident ta compliance with the pmvision of services hy the CFTY.
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