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HomeMy WebLinkAboutResolution - 2622 - Contract - Albert H Halff Associates Inc - Flood Management Plan - 08/13/1987JWF: js RESOLUTION Resolution #2622 August 13, 1987 Agenda Item #18 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK: THAT the Mayor of the City of Lubbock BE and is hereby authorized and directed to execute for and on behalf of the City of Lubbock a Contract to be entered into by and between said City of Lubbock and Albert H. Halff As- sociates, Inc., Fort Worth, Texas, Engineers who will develop a proposed flood management plan for the southern portion of the City's playa lake sys- tems, attached herewith, which shall be spread upon the minutes of the Coun- cil and as spread upon the minutes of this Council shall constitute and be a part of this Resolution as if fully copied herein in detail. Passed by the City Council this 13th day of Anniigt , 1987. B. C. Mc INN, MAYOR ATTEST: 0 Ranettdjoyd, City Secre a AP PRO ED AS TO ONTE Larry V.fma i , VA/,tor of Transpor tion APPROVED AS TO FORM:A , +A,kUA -14 J. Orth Fullingim, Assis nt City Attorney STATE OF TEXAS COUNTY OF LUBBOCK Resolution #2622 City Contract No. The City of Lubbock, Texas This Contract and Agreement, made and entered into between the City of Lubbock, Texas, hereinafter referred to as the City, and Albert H. Halff Associates, Inc., Fort Worth, Texas, hereinafter referred to as the Engineer, under which the fallowing terms, conditions, and provisions have been agreed upon, in consideration of the mutual promises and covenants hereinafter stated, VITNESSETH: I. PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED BY ENGINEER The Engineer will develop a flood management plan for the southern portion of the City's playa lake systems. The substantive content of said activities shall be in strict accordance with the following procedures and project descriptions: 1. It shall be the responsibility of the Engineer to establish formal and direct liaison with the City and County Floodplain Administrators and appropriate project directors of the U.S. Army Corps of Engineers and the U.S. Soil Conservation Service for the purpose of coordinating the work of the planning study and to acquire available data pertinent to the planning effort. The planning study shall be coordinated with all known relevant flooding and drainage protection studies and activities, which shall also be reviewed as information for this planning project. It shall also be the responsibility of the Engineer to solicit comments from the general public as to the content of the flood management planning project. 2. The planning area for assessment of flood damage abatement measures will be the southern portion of the City's playa lake systems (see Geographical Area for Planning, Attachment A. a map of planning area). Hydrologic conditions upstream of the planning • area may be considered as necessary to accurately simulate conditions in the designated planning area. 3. The Engineer will develop a comprehensive flood management plan for the planning area. The flood management plan will be developed to the extent possible to enhance the flood management of the entire watershed in which the project is located. The developed flood management plan will be coordinated, as much as reasonably possible, with existing plans and policies of the City, the county, and the state. The plan will utilize, as at least one measure in the analysis of alternatives, the Corps of Engineers "preventable damages" concept. 4. This plan will be developed in two phases. Page 1 Page 2 c A %• A. PHASE ONE: DATA COLLECTION AND BASE MODEL DEVELOPMENT 1. Data Collection a. Obtain previous studies, reports, models, records, maps, landuse/zoning studies, and aerial photographs b. Field reconnaissance trip e. Obtain any additional field survey data needed for study 2. Prepare Data Base Maps 3. Determine Drainage Area Characteristics of Lakes a. Delineate drainage areas b. Identify hydrologic soil group distribution c. Identify land use distribution d. Calculate Soil Conservation Service curve numbers e. Encode parameters into hydrologic model 4. Determine Stage Volume of Lakes a. Define areas from available contour maps and by field surveys of areas not covered by existing contour maps b. Identify water table elevations at each lake c. Identify overflow elevations at each lake d. Prepare stage-storage tables and graphs 5. Determine Overflow Rating Curves for Lakes a. Draft profile of overflow routes b. Prepare backwater models of overflow routes from contour maps and/or field surveys c. Establish tailwater conditions and rating curves for overflow control sections d. Prepare Storage-Area-Discharge data for each lake 6. Prepare a Summary Report Describing Activities and Results of Phase One B. PHASE T_W: COMPUTATION OF EXISTING AND ALTERNATIVE PLAYA CONDITIONS 1. Computer Model Playa Lake Systems a. Generate hydrographs for subareas flowing to lakes b. Route hydrographs through the playa lakes and overflow routes C. Determine flood elevations at each lake and along the overflow routes, delineate, and compare to FEMA study d. Establish existing conditions average annual damages 2. Develop Alternative Management Plans a. Gravity outfall lines to other lakes, existing outfalls or Yellowhouse Canyon b. Lift stations and force mains to other lakes, existing outfall or Yellowhouse Canyon as Open drainage ditches to other lakes d. Artificial recharge of groundwater e. At least one non-structural plan f. Combination of above alternatives Page 2 3. Evaluate Alternatives Using Previously Developed Computer Model a. Modify data to reflect alternatives being studied b. Determine flood elevations at each lake for comparison and evaluation C. Compute proposed conditions (improved) average annual damages 4. Evaluate Controls and Automation a. Evaluate recording devices and possible locations b. Evaluate control devices and possible locations c. Evaluate control system cost and reliability 5. Estimate Cost for Each Alternative and Evaluate Benefit -Cost Ratio a. Determine annualized capital and maintenance costs for each alternative b. Determine annualized flood damages for each alternative c. Evaluate cost vs. benefit for each alternative and frequency of protection provided d. Assess flood protection benefits to be expected from implementing the proposed alternatives, including non - monetary benefits such as reduction in hazards to human life and safety e. Optimize and determine the least cost alternative 6. Determine Phasing of Selected Alternatives a. Determine priorities of improvements b. Develop schedule and budget for construction of improvements C* Select level of protection to public and private property d. Select alternative(s) to be recommended 7. Prepare Engineering Report on Playa Management for City Council a. Prepare draft report b. Prepare final report C* .Formal presentation II. PROJECT SCHEDULE AND REPORTS The term of this Contract shall begin, and the Engineer shall begin performing its obligations hereunder, on the date of the executed Contract. The Engineer shall complete the work program described as Phase One not later than November 30, 1987, at which time the Engineer shall deliver a summary report containing completed data and describing the work completed in Phase One. Four (4) copies of the Phase One Report shall be delivered to the City. Page 3 The Engineer shall complete the work programdescribed as Phase Two not later than March 319 1988, at which time the Engineer shall deliver a Draft Report. After a thirty day review period by the City and the State, the Draft Report together with review comments Will be returned to the Engineer. A Final Draft Report will be submitted by the Engineer to the City within fourteen (14) calendar days thereafter. The Final Draft Report, with review comments, will be returned to the Engineer after a fourteen (14) day review. A Final Report i neor.porating;aty required changes must be submitted to the City not later than June 30, 1988. Twenty five (25) copies of the said Final Report shall be delivered to the City. Upon delivery of the Final Report, the term of the Contract shall be deemed complete. All deadlines described in Article II for report delivery by the Engineer may be extended only in writing by the City. Monthly progress work reports which summarize the work completed through the period will be submitted by the Engineer to the City by the 15th of the month following the period covered. The work report will contain the following information. 1. Task names and descriptions. 2. Total cost of the individual tasks. 3. Percent of the tasks completed. 4. Dollar value of the percent of the tasks completed. 5. Total tasks completed, indicating the percent of and dollar value of the project completed. A coordination meeting will be held at the end of every three-month period to discuss the status of the study. The Texas Water Development Board, the City and County Floodplain Administrators, the Corps of Engineers, and the Soil Conservation Service will be invited by the Engineer to send representatives to the meetings. The Engineer will schedule the coordination meetings and a narrative status report on the project will be written by the Engineer and submitted to the City on a quarterly basis. A quarterly status report will be required after the Final Draft Report has been submitted for review. The status report shall be in letter form and shall contain the following information. 1. A brief statement of the overall progress made since the last quarterly status report. 2. A brief description of any problems that have been encountered during the previous quarter that will affect the study, delay the timely completion of any portion of the Contract, or will inhibit the completion of or cause a change in any of the project products or objectives. 3. A description of actions the Engineers plan to take to correct any problems described in Item 2 above or to change any schedule, product, or objectives stated in the Contract. Page If for any reason (for example, if adverse weather conditions were to interfere with necessary field work during the planning period and necessitate additional time to complete the project) the Engineer is unable to complete its performance called for under the terms of the Contract for Phase One or Phase Two on or before scheduled dates, the Engineer and the City hereby agree to consider renegotiating the contract. The City must, however, be notified in writing ten (10) working days prior to the date for completion of Phase One or Phase Two of the work program or thirty (30) days prior to the date for submittal of the Final Report that the Engineer will be requesting an extension. III. COMPENSATION AND REIMBURSEMENT The City, for and in consideration of the obligations and responsi- bilities undertaken by the Engineer, hereby agrees to compensate and reimburse the Engineer in a total amount not to exceed $111,200 upon the submission of invoices and purchase vouchers representing costs incurred by the Engineer pursuant to performance of this Contract. A. Reimbursement to the Engineer shall be made in accordance with the following budget. BUDGET Comprehensive Flood Management Planning Project for the City of Lubbock 1. The following budget contains a list of each work task and associated budget for each phase of the proposed project work. Task Description Budget Amount PHASE ONE 1 Data Collection $ 8,653 2 Prepare Base Maps $ 1,569 3 Determine Drainage Area Characteristics $ 89296 4 Determine Storage Volume $ 5,912 5 Determine Overflow Rating Curves $ 109840 6 Prepare Summary Report $ 3,422 SUBTOTAL PHASE ONE $ 38,692 PHASE TWD 1 Model Playa Lake System $ 219886 2 Develop Alternate Plans $ 7,708 3 Evaluate Alternatives $ 10,056 4 Evaluate Controls and Automation $ 2,509 5 Prepare Cost Estimates $ 79931 6 Determine Phasing of Alternatives $ 49077 7 Prepare Draft and Final Reports 18.34 SUBTOTAL PHASE TIDO $ 72,508 TOTAL COST $1119200 Page 5 2. The following budget contains a budget breakdown by expense category for each phase of the project work. Category Phase One Phase Two Total Pro3ect A. Salaries and Wages 9 $16,120 $25013 $ 42,033 B. Fringe • 4,673 99035 139708 C. Travel e• 600 724 19324 D. Expendable Supplies 0 0 0 E. Technical, Computer, and Miscellaneous Services 19661 3,211 4,872 F. Communications 0 0 0 0. Reproduction 400 10500 19900 H. Overhead a 119784 249697 36,481 I. Profit 3,454 7.428 10.882 TOTAL $38,692 $72,508 $111,200 • Definition of Contract Budget Terms •f Note: Travel in Company Vehicle Limited to $0.21/mile 1. Salary Cost is defined as the cost of salaries of engineers, draftsmen, stenographers, surveymen, clerks, laborers, etc., for time directly chargeable to the project. 2. Frinke Costs are defined to include social security contributions, unemployment excise and payroll taxes, employment compensation insurance, retirement benefits, medical and insurance benefits, sick leave, vacation, and holiday pay applicable thereto. 3. Overhead Costs are those costs incurred by the Consulting Engineer in maintaining his place of business and performing professional services similar to those specified in this contract project description. These expense shall include the following: o Indirect salaries, including that portion of the salary principals and executives that is allocable to general supervision o Indirect salary fringe benefits o Accounting and legal services related to normal management and business operations o Travel costs incurred in the normal course of overall administration of the business o Equipment rental o Depreciation of furniture, fixtures, equipment, and vehicles o Dues, subscriptions, and fees associated with trade, business, technical, and professional organizations o Other insurance o Rent and utilities o Repairs and maintenance of furniture, fixtures and equipment Monthly invoices and vouchers from the Engineer, for work performed shall be submitted for reimbursement. Said invoices and vouchers shall be supported by sufficient detail to substantiate billings by the Engineer, said detail to include the following: (1) For personnel services --identification by name or classification, as pertinent, and amount of time the Engineer's personnel were engaged in the work, including the dollar breakdowns for fringe benefits, taxes, and other non -wage costs; and (2) For direct expenses incurred by the Engineer for outside consulting services --copies of invoices to the City showing the tasks that were performed; the percent and coat of each task completed; a total cost figure for each direct expense category Page 6 including labor, fringe, overhead, travel, communication and postage, technical and computer services, expendable supplies, and printing and reproduction; and the total dollar amount due to the consultant; and (3) For travel and subsistence expenses, including such expenses for subcontractors --names, date, work location, time period at work location, itemization of subsistence expenses of each employee, limited, however, to travel expense authorized for state employees by General Appropriation Act, 1986 Tex. Sess. Law Serv., Ch. 13, Art. V. see. 13.a, at 5879 or as amended; and (4) Other transportation coats --copies of invoices covering tickets for transportation or, if not available, names, dates, and points of travel of individuals; and (5) All other reimbursable expenses --invoices or purchase vouchers showing reason for expense with receipts to evidence the amount incurred. Each monthly invoice shall also be accompanied by sufficiently detailed billing information that relates actual expenses for the budget categories listed in III.A.2. of this Contract to each specific item of work performed under III.A.1. B. The City shall reimburse the Engineer upon approval by the City of invoices and purchase vouchers submitted by the Engineer; however, the City shall only pay up to ninety percent (90x) of the Contracted amount pending the Engineer's performance, completion of the Final Report, and acceptance and approval of said report by the City. At the time of said performance, completion, and approval of the report by the City, the City shall pay the remaining ten percent (10%) to the Engineer. C. The Engineer and the subcontractors shall maintain satisfactory financial accounts, documents, and records and shall make them available for examination and audit by the City. Accounting by the Engineer and the subcontractors shall be in a manner consistent with generally accepted accounted principles. IV. PUBLICATION AND SUBCONTRACTING The City shall have unlimited rights to technical or other data resulting directly from the performance of services to the City under this Contract. It is agreed that the flood management planning materials developed by the Engineer pursuant to this Contract shall become the joint property of the City and the Texas ikter Development Board, in which the Board retains the right to establish copyrights. Any flood management planning materials subject to a Board copyright and produced by the City or Board pursuant to this Contract may be printed by the City or Board at their own cost and distributed by either at their discretion within the State of Texas. The City may otherwise utilize such material provided under this Contract as it Page 7 deems necessary and appropriate, including the right to publish and distribute the materials or any parts thereof under its own name within the State of Texas, provided that any Board copyright is appropriately noted on the printed materials. No work herein called for by the Engineer shall be subcontracted or assigned without prior written approval of the City for such subcontract, including a detailed budget estimated with specific cost details for each Item of the work to be performed by the subcontractor and for each category of subcontractor expense, to include (1) salaries and wages, (2) fringe benefits, (3) travel, ($) expendable supplies, (5) technical, computer, and miscellaneous services, (6) communications, (7) reproduction, (8) overhead, and (g) profit. The subcontracts shall conform to the terms of this Contract and include provisions which require subcontractor compliance with City Rules. V. AMENDMENT, TERMINATION, AND STOP ORDERS This Contract may be altered or amended only by mutual written consent and may be terminated by the City at any time by written notice to the Engineer. Upon receipt of such notice, the Engineer shall, unless the notice directs otherwise, immediately discontinue all work in connection with the performance of this Contract and shall proceed to cancel promptly all existing orders insofar as such orders are chargeable to this Contract. The Engineer shall submit a statement showing in detail the work performed under this Contract to the date of termination. The City shall then pay the . .. Engineer promptly that proportion of the prescribed fee which applied to the work actually performed under this Contract, less all payments that have been previously made. Thereupon, copies of all completed work accomplished under this Contract shall be delivered to the City. The City may issue a Stop Work Order to the Engineer at any time. Upon receipt of such order, the Engineer is to discontinue all work under this Contract and cancel all orders pursuant to the Contract, unless the order otherwise directs. If the City does not issue a Restart Order within 60 days after receipt by the Engineer of the Stop Work Order, the Engineer shall regard this Contract terminated in accordance with the foregoing provisions. VI. INDEMNITY, INSURANCE, LICENSES, AND PERMITS INDEMNITY - Engineer agrees to defend, indemnify, and hold City whole and harmless against and all claims for damages, costs, and expenses of persons or property that may arise out of, or be occasioned by, or from any negligent act, error, or omission of Engineer, or any agent, servant, or employee of Engineer in the execution or performanoe of this Contract. Page 8 INSURANCE - Prior to the time Engineer is entitled to commence any part of the services ' under this Contract, Engineer shall procure, pay for, and maintain the following insurance written by companies licensed in the State of Texas or meeting surplus lines requirements of Texas law and acceptable to City. The shall be evidenced by delivery to City of (1) certificates of Insurance,, executed by the insurer, listing coverage and limits, expiration date and term of policy, and certifying that the insurer is licensed to do business in Texas or meets the surplus lines requirements of Texas law, and (2) a certified copy of each policy, including all endorsements, The insurance requirements shall remain in effect throughout the term of this Contract, • 1). Wbrkers' Compensation as required by law: Employers Liability Insurance of not less than $100,000 for each accident. 2) Comprehensive General Liability Insurance, Including Conctraetural Insurance and Personal Injury Liability covering, but not limited to, indemnification provisions of this Contract with limits of liability for bodily injury including death of not less than $3000009 each occurrence and property damage of not less than $300,000 each occurance (combined single limits coverage of not less than $300,00 each occurrence is acceptable). Coverage shall be on an *occurrence" basis, and the policy shall include Board Form Property Damage Coverage. 3) Professional Liability Insurance (including errors and omissions) with minimum limits of $1,000,000 per claim. t) Comprehensive Automobile and Truck Liability Insurance covering • owned, hired, non -owned vehicles with minimum limits of *300000 each occurrence for bodily injury including death and $300,000 each occurrence for property damage (combined single limits coverage of not less than $300,000 each occurrence is acceptable), such insurance to include coverage for loading and unloading hazards. VENUE - The obligations of the parties to this contract are performable in Lubbock, Texas; and if legal action is necessary to enforce it, exclusive venue shall lie in Lubbock, Texas. APPLICABLE LAWS - This Contract is made subject to the provisions of the Charter, and Ordinances of Lubbock, as amended, and all applicable State and Federal Laws. GOVERNING LAWS - This Contract shall be governed by and construed in accordance with the laws and decisions of the State of Texas. LEGAL CONSTRUCTION - In case any one or more of the provisions contained in this Contract shall for any reason be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provision thereof; and this Contract shall be considered as if such invalid, illegal, or unenforceable provision had never been contained in this Contract, Page 9 No Text LICENSES AND PERMITS - The engineer shall be solely and entirely responsible for procuring all known appropriate licenses and permits which may be required by any competent authority for the Engineer to perform the subject work. VII. ITEMS FURNISHED BY CITY The City will provide Engineer with mylar sepias of all -City topographic mapping available in study area at 1"=200' scale. The City will provide all available. plans, maps, aerial photos, flood photos, soils data, field survey data, land use and zoning maps, that cover the study area. If finished floor elevations are desired by the City for the flood damage calculations for this study, the City will furnish those field surveyed elevations to the Engineer. VIII. SEVERANCE PROVISION Should any one or more provisions of the Contract be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision shall be construed as severable from the remainder of this Contract and shall not affect the validity of all other provisions of this Contract which shall remain of full force and effect. IN kTTNESS WHEREOF the parties hereto cause this Contract and Agreement to be duly executed in triplicate this the 10th day of September , 1987. CITY OF LUBBOCK, TEXAS BY: IF Mayor ATT T: City Secretary ALBERT H. HALFF ASSOCIAT Engineer BY: Pn. y Lovell, P.E. Vice President Address: 4000 Fossil Creek Blvd. Ft. hbrth, T% 76137 APP VID ITU T: (�L:rrfman oransportation APPROVEDORM AND LEGALI ATTEST: I :N �4*City Attorney Ae. Secretary Page 10