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Ordinance No. 4,23250822 -1 ORDINANCE NO. 4232 AN ORDINANCE AUTHORIZING AND DIRECTING THE MAYOR TO EXECUTE AND THE CITY CLERK TO ATTEST TO A CONTRACT WITH TURNER, COLLIE AND BRADEN, INC. TO PERFORM A DRAINAGE POLICY STUDY; AUTHORIZING PAYMENT BY THE CITY OF BAYTOWN OF THE SUM OF SIXTY -FIVE THOUSAND AND NO/100 ($65,000.00) DOLLARS; AND PROVIDING FOR THE EFFECTIVE DATE HEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF BAYTOWN, TEXAS: Section 1: That the City Council of the City of Baytown, Texas, hereby approves a contract with Turner, Collie and Braden, Inc. and authorizes the Mayor and City Clerk of the City of Baytown to execute and attest to said contract to perform a drainage policy study. A copy of said contract is attached hereto, marked Exhibit "A," and made a part hereof for all intents and purposes. Section 2: The City Council hereby authorizes payment of SIXTY -FIVE THOUSAND AND NO /100 ($65,000.00) DOLLARS to Turner, Collie and Braden, Inc. to perform a drainage policy study. Section 3: This ordinance shall take effect immediately from and after its passage by the City Council of the City of Baytown. INTRODUCED, READ and PASSED by the affirmative vote of the City Council of the City of Baytown, this the 22th day of August, 1985. 1 w HUTTO, Mayor ATTEST: E LEEN P. HALL, City Clerk APPROVED: AN ALL B. STRONG, City A t ney ALTERNATIVE II AGREEMENT FOR ENGINEERING SERVICES MADE AND ENTERED INTO by and between the CITY OF BAYTOWN, hereinafter referred to as the "City," and TURNER COLLIE & BRADEN INC., hereinafter referred to as the "Engineer." 0PrTTnT C The City intends to undertake a Study of Drainage Policies and Requirements, hereinafter referred to as the "Study." The City has need of professional engineering and planning services in connection with this study. SECTION I CONTRACTUAL UNDERTAKINGS The City agrees to employ the Engineer and the Engineer agrees to perform professional engineering and planning services in connec- tion with the Study, as defined in Exhibit A attached hereto and made a part hereof, hereinafter sometimes called "Scope of Work," and for having rendered such services, the City agrees to pay to the Engineer compensation as stated in the sections to follow. SECTION II COORDINATION WITH THE CITY The Engineer shall hold periodic conferences with the City or its representatives to the end that the Study, as perfected, shall have full benefit of the City's experience and knowledge of exist- ing needs and facilities and be consistent with its other current policies. To implement this coordination, the City shall make available to the Engineer for use in performing the Study all exist- ing plans, maps, field notes, statistics, computations, and other data in its possession relative to existing drainage facilities and policies and to the Study. e-1 -1- SECTION II ENGINEER'S COMPENSATION AND LIABILITY A. Compensation For and in consideration of the services to be performed by the Engineer, the City shall pay and the Engineer shall receive for all services and expenses in accordance with the following. 1. For the services of the Engineer's staff, the charge will be the "Salary Cost" of each employee so engaged times a multiplier of 2.25. "Salary Cost" is defined as the cost of salaries (total hours worked times the employee's rate of pay on an hourly basis) of the Engineer's employees for time directly chargeable to the Project, plus 31 percent for social security contributions, unemployment, excise and payroll taxes, employment compensation insurance, retirement benefits, incentive pay, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. The "Salary Cost" for the services of the Engi- neer's officers shall be at their regular "Salary Cost," as defined above, not to exceed $40.00 per hour. In addition, an overtime premium for draftsmen and technician classifications will be charged for which the Engineer's technical staff works in excess of 40 hours. The overtime premium shall be one -half the employee's Salary Cost times 2.25. The overtime premium will be charged only because of the City's requirements and upon its specific authorization. 2. For all direct nonlabor expense, including transportation, telegraph and telephone toll charges, reproductions etc., and travel and subsistence for the Engineer's officers and staff, all as required for the proper execution of the work and for all work subcontracted, the charge is the actual invoice cost plus a 10 percent service charge. Travel by vehicles owned or leased by the Engineer shall be at 40 cents per mile. -2- 3. Payments to Engineer for authorized services will be due upon presentation of monthly statements by Engineer for such services. If, within 30 days of the date of any such statement, City should fail to pay Engineer the full sum specified in any such statement, then the City shall pay to Engineer, in addition to the sum shown as due by such statement, interest on any unpaid portion thereof at the rate of 12 percent per annum from the date of such statement until fully paid, which shall liquidate any injury to Engineer arising from such delay in payments. B. Limit of Authorization The Engineer acknowledges that the City has authorized a maximum of $65,000 as payment to the Engineer for services performed in connection with the Study, as defined in Alternative II, Exhibit A, Scope of Work. The Engineer will not exceed the maximum fee of $65,000 unless authorized in writing by the City. C. Engineer's Standard of Care and Liability All services to be performed under this Agreement shall be performed in a professional manner, using that degree of care and skill ordinarily exercised by and consistent with the standards of competent professional engineers and planners engaged in the same or similar projects. The City agrees that the Engineer's liability for the negligence, error, omission, or breach of warranty in the preparation of designs and drawings, the designation of selection of materials or equipment, the selection of personnel, or the performance of any other services pursuant to this agreement shall in no event exceed the amount of total compensation received by the Engineer for services rendered under this Agreement. -3- SECTION IV TIME OF PERFORMANCE Engineer shall start performing services hereunder within fifteen (15) days after receipt of City's written authorization.to proceed, which shall be given not later than fifteen (15) days after the effective date of this Agreement. A final review session and draft report presentation will be held within ninety (90) days of authorization to proceed. The final report will be submitted to the City within fourteen (14) days of its final review. SECTION V OtiNERSHIP OF DOCUMENTS Original documents, plans, designs, and notes developed in connection with services performed hereunder belong to, and remain the property of, the City, in consideration of which it is mutually agreed that the City will use them solely in connection with the Study, save with the express consent of the Engineer. The Engineer may retain reproducible copies of such documents. SECTION VI TERMINATION Either party to this Agreement may terminate the Agreement by giving to the other fifteen (15) days notice in writing. Upon delivery of such notice by the City to the Engineer, the Engineer shall discontinue all services in connection with the performance of this Agreement and shall proceed to cancel promptly all existing orders and contracts insofar as such orders or contracts are charge- able to this Agreement. As soon as practicable after receipt of notice of termination, the Engineer shall submit a statement showing in detail the services performed under this Agreement to the date of termination. The City shall then pay the Engineer promptly the charges for the services actually performed under this Agreement, less such payments on account of the charges as have been previously made. Copies of all completed or partially completed documents -4- prepared under this Agreement shall be delivered to the City when and if this Agreement is terminated, but subject to the restrictions as to their use as set forth in Section V. SECTION VII ADDRESS OF NOTICES AND COMMUNICATIONS All notices and communications under this Agreement to be mailed or delivered to the Engineer shall be to the following address. Turner Collie & Braden Inc. 5757 Woodway P.O. Box 13089 Houston, Texas 77219 Attention: Neil E. Bishop All notices and communications under this Agreement to be mailed or delivered to the City shall be to the following address. City of Baytown P.O. Box 424 Baytown, Texas 77520 Attention: Norman Dykes SECTION VIII SECTION CAPTIONS Each section under the Contractual Undertakings has been supplied with a caption to serve only as a guide to the contents. The caption does not control the meaning of any section or in any way determine its interpretation or application. SECTION IX SUCCESSORS AND ASSIGNMENTS The City and the Engineer each binds itself and its successors, executors, administrators, and assigns of such other party in respect to all covenants of this Agreement. Except as above, neither the City nor the Engineer shall assign, sublet, or transfer its interest in this Agreement without the written consent of the other. Nothing herein shall be construed as creating any personal liability on the part of any officer or agent of any public body which may be a party thereto. -5- SECTION X INSPECTIONS AND AUDIT The City shall have the right to perform, or cause to be performed, audits of the books and records of the Engineer and inspections of all places where work is undertaken in connection with this Contract, provided that the Engineer shall not be required to keep such books and records longer than two (2) years after the termination of this Agreement. SECTION XI ENGINEER'S CERTIFICATION OF INSURANCE Engineer shall obtain and maintain throughout the term of this Agreement, as a minimum, insurance to protect itself from (1) claims under worker's compensation acts; (2) claims for damages because of bodily injury or death of any person or damage to or destruction of property caused by the negligent acts of Engineer. Engineer shall furnish certificates of insurance to City which prove Engineer has complied with insurance requirements hereof. Engineer shall cause his insurance companies to provide for at least ten days' prior written notice of any material changes, cancella- tion, or renewal. Engineer shall obtain such insurance from such companies as shall be satisfactory to City and shall obtain such insurance in the following minimal limits. 1. Worker's Compensation and Employers' Liability Insurance - Provide statutory benefits in compliance with the laws of the State of Texas and shall also carry an Employers' Liability limit of at least $100,000. 2. Comprehensive General Liability Insurance - Limits of at least $500,000 Combined Single Limit. 3. Comprehensive Automobile Liability Insurance - Limits of at least $500,000 Combined Single Limit. Such a policy shall cover all owned, hired, and nonowned automobiles. EXECUTED IN several duplicate originals, all of equal force, on behalf of the Engineer by its Vice President shown below, and on behalf of the City by its Mayor, thereunto duly authorized, the day of , 1985, effective upon approval by the City of Baytown City Council. TURNER COLLIE & BRADEN INC. %z� Neil E. Bishop, MD., P.E. Vice President CITY OF BAYTOWN Mayor -7- ATTEST: L. A. Bouf /d Assistant retary ATTEST: City Secretary ALTERNATIVE II EXHIBIT A - SCOPE OF WORK FOR STUDY OF DRAINAGE POLICIES AND REQUIREMENTS Task 1.0 - Data Collection 1.1 Inventory of Previous Drainage Studies Engineer will collect and compile previous drainage studies of the City, and purpose of determination and evaluation and con- sideration of these drainage criteria. These past investigations and projects will be considered in the selection of a proposed drainage criteria which will be as compatible as possible with existing drainage systems. 1.2 Inventory of Drainage - Related Ordinances, Policies, and Administrative Procedures of Other Communities Engineer will collect and compile ordinances, policies, and administrative procedures of other communities in the Baytown area and similar communities in the state and nationwide for con- sideration in revisions to Baytown's ordinances, policies, and administrative procedures. A tabulation characteristics of these ordinances, policies, and administrative procedures summarizing such information as degrees of protection, basis of detention criteria, floodway /flood plain construction allowed, etc. The tabulation will assist us in formulating revisions to Baytown's ordinances, policies, and administrative procedures. 1.3 Inventory of Financing Methods of Other Communities Engineer will collect and compile methods used in other areas to fund drainage projects for possible applications to the Baytown area. The information compiled in this subtask will be used to formulate a set of financing alternatives for the City (Subtasks 5.1 and 5.2). A -1 Task 2.0 - Design Criteria 2.1 Analysis of Typical Subwatersheds Engineer will analyze three typical drainage subwatersheds in the existing urbanized and undeveloped areas of the City to provide information on the cost of constructing various degrees of drainage protection measures versus the damages prevented by these measures. The subwatersheds to be analyzed will be selected by the Engineer and submitted to the City for concurrence before undertaking this task. This analysis will assist in selecting degrees of protection for inclusion in the drainage criteria. A state -of- the -art computer modeling study will be conducted. Computer models HEC -1 (developed by the Corps of Engineers) and UKNET (developed by the University of Kentucky) will be utilized to analyze three subwatersheds selected as typical of the Baytown area. An approximate economic analysis will be conducted to develop curves of cost of improvements versus damages prevented. These hydrologic models and other area hydro- logic studies (Subtask 1.1) also will be used to develop drainage area - dischargefrequency curves and hydrograph methodology for detention pond design. 2.2 Selection of Level of Protection Based on the analyses performed in Subtask 2.1 criteria of existing systems and criteria of other area government agencies, Engineer will recommend a design frequency for storm sewers, open channels, and detention ponds. 2.3 Development of Additional Criteria Engineer will develop additional design criteria to function with the design frequencies established in Subtask 2.2 to form a comprehensive but easily applied set of drainage criteria for use in future developments and rectification of current drainage problems. A-2 Task 3.0 - Review and Revision of Drainage-Related Ordinances, Policies, and Administrative Procedures 3.1 Review and Revision of Ordinances Engineer will prepare a set of draft drainage - related ordi- nances for the consideration of the City staff and City Council. The information research of ordinances of other entities in Task I and the design criteria developed in Task III will be incorporated into Baytown's existing ordinances to form a set of draft ordinances. 3.2 Review and Revision of Drainage-Related Policies Engineer will prepare, in outline form, a set of draft policy guidelines consistent with the draft ordinances ( Subtask 3.1). Among policy areas which will be addressed based on Engineer's experience in areas similar to Baytown are: • detention storage and downstream impacts, • flood plain management policy in areas beyond the limits of study (drainage areas less than one square mile) on flood insurance maps, • drainage policy for newly annexed and ETJ areas, • drainage policy for privately funded improvements in City easements, and • policy concerning use of flood plain areas as parkland. 3.3 Review and Revision of Administrative Procedures Related to Drainage Projects Engineer will review the City's administrative procedures and staffing to ensure that they are consistent with the recommen- dations for revisions to ordinances and policies. Among areas investigated in this subtask will be: • methods of processing plans for land development projects, • adequacy of size of staff for existing and projected processing requirements, • review process for ordinance revisions, • procedure for establishing priorities for drainage projects, • methods for interfacing with adjoining and overlapping entities, and • needs and timing in terms of additional comprehensive drainage plans for the City. A- 3 Task 4.0 - Development of Maintenance Guidelines 4.1 Review of Maintenance Guidelines and Problems of Baytown and Adjoininq Entities Engineer will compile the practices and problems in connection with maintenance of drainage facilities in the Baytown, Houston, and similar urban areas. This research will provide background to assist in formulating recommended maintenance procedures for Baytown. Engineer will conduct additional research into these areas including discussions with maintenance managers and other personnel to obtain sufficient background for formulating maintenance guide- lines for Baytown. 4.2 Development of a Set of Maintenance Guidelines Engineer will prepare a set of guidelines to assure adequate maintenance is provided for all drainage facilities within the city's jurisdiction. The guidelines developed will recommend methods, intervals, equipment, and personnel needs for City -owned drainage facilities. The responsibilities of private entities and other governmental agencies also will be outlined. Task 5.0 - Analysis of Financing Options 5.1 Review of Financing Alternatives Engineer will identify and explain the various ways in which each segment of a typical municipal drainage system can be funded. Depending on the nature of the particular improvement to be financed, a variety of financing sources will be considered. Each alternative will be examined in light of its dependability, timing, source of funds, total cost, administrative requirements, equita- bility, legality, and level of experience. 5.2 Evaluation of Financing Alternatives Engineer will analyze and report the advantages, drawbacks, and restrictions associated with each alternative. Conduct a subjective evaluation of each financing alternative as measured A-4 a by specific evaluation criteria. The importance of each criterion in an overall evaluation may vary depending upon the specific segment of the drainage program to which the financing is to be applied. 5.3 Recommendation of Financing Alternatives Engineer will present a written summary of recommended type of financing best suited to finance each component of Baytown's drainage improvement program. Various components of the overall drainage plan will be considered which may be better suited to different financing alternatives. Each component of the system will be evaluated in light of the specific requirements and condi- tions of the City of Baytown. Task 6.0 - Presentation of Findings 6.1 Review'Sessions Two review sessions will be held by the Engineer with the City during the course of the study. These sessions will ensure that the City's desires are included as the project progresses and as an integral part of the final recommendations. 6.2 Report Pre aration A draft report (three copies) will be prepared by the Engineer for review by the City staff. This report will contain the draft ordinances, policies, and administrative procedures. other sections of the report will present the proposed design criteria, maintenance guidelines, and financing options. All exhibits will be black and white. After receiving comments from the City staff, a final report will be prepared in 25 copies. A -5 ALTERNATIVE II COST ESTIMATE STUDY OF DRAINAGE POLICIES AND REQUIREMENTS CITY OF BAYTOWN Nonlabor Task Manbours Labor Cost Cost Total Cost 1.1 32 $ 2,550 $ 50 $ 2,600 1.2 36 1,650 50 1,700 1.3 56 1,900 100 2,000 2.1 480 20,200 1,400 21,600 2.2 36 2,000 100 2,100 2.3 32 1,400 100 1,506 3.1 36 2,100 50 2,150 3.2 36 2,100 50 2,150 3.3 36 2,100 50 2,154 4.1 18 1,050 50 1,100 4.2 52 2,650 50 2,700 5.1 40 3,300 200 3,500 5.2 24. 3,250 200 3,450 5.3 32 3,200 300 3,500 6.1 56 3,000 200 3,200 6.2 220 9,000 600 9,600 TOTAL 1,222 $61,450 $3,550 $65,000 ALTERNATIVE II COST ESTIMATE STUDY OF DRAINAGE POLICIES AND REQUIREMENTS CITY OF BAYTOWN Nonlabor Task Manbours Labor Cost Cost Total Cost 1.1 32 $ 2,550 $ 50 $ 2,600 1.2 36 1,650 50 1,700 1.3 56 1,900 100 2,000 2.1 480 20,200 1,400 21,600 2.2 36 2,000 100 2,100 2.3 32 1,400 100 1,500 3.1 36 2,100 50 2,150 3.2 36 2,100 50 2,150 3.3 36 2,100 50 2,150 4.1 18 1,050 50 1,100 4.2 52 2,650 50 2,700 5.1 40 3,300 200 3,500 5.2 24. 3,250 200 3,450 5.3 32 3,200 300 3,500 6.1 56 3,000 200 3,200 6.2 220 9,000 600 9,600 TOTAL 1,222 $61,450 $3,550 $65,000