Loading...
HomeMy WebLinkAboutContract 56604 CSC No.56604 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR ENGINEERING RELATED PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("CITY"), and Pape-Dawson Engineers, Inc., authorized to do business in Texas, ("ENGINEER"), for a PROJECT generally described as: Flood Risk Map Update (CPN 103487). Article I Scope of Services The Scope of Services is set forth in Attachment A. Negotiated changes to this Agreement, if any, are included in Attachment C. Article II Compensation The ENGINEER's compensation shall be in the amount up to Three Hundred Eighty Thousand Six Hundred Sixty Five Dollars and 00/100 ($380,665.00) as set forth in Attachment B. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Engineer shall provide monthly invoices to City. The Engineer shall provide the City sufficient documentation, including but not limited to meeting the requirements set forth in Attachment D to this AGREEMENT, to reasonably substantiate the invoices. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Engineer of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished in connection with the Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the City of Fort Worth,Texas Contr Standard Agreement for Engineering Related Design Services OFFICIAL RECORD Revised Date:Sept.1,2021 Page 1 of 15 CITY SECRETARY FT. WORTH, TX original effective date: Article IV Obligations of the Engineer A. General The ENGINEER will serve as the CITY's professional engineering representative under this Agreement, providing professional engineering consultation and advice and furnishing customary services incidental thereto. B. Standard of Care The ENGINEER shall perform its services: (1) with the professional skill and care ordinarily provided by competent engineers practicing under the same or similar circumstances and professional license; and (2) as expeditiously as is prudent considering the ordinary professional skill and care of a competent engineer. C. Subsurface Investigations (1) The ENGINEER shall advise the CITY with regard to the necessity for subcontract work such as special surveys, tests, test borings, or other subsurface investigations in connection with design and engineering work to be performed hereunder. The ENGINEER shall also advise the CITY concerning the results of same. Such surveys, tests, and investigations shall be furnished by the CITY, unless otherwise specified in Attachment A. (2) In soils, foundation, groundwater, and other subsurface investigations, the actual characteristics may vary significantly between successive test points and sample intervals and at locations other than where observations, exploration, and investigations have been made. Because of the inherent uncertainties in subsurface evaluations, changed or unanticipated underground conditions may occur that could affect the total PROJECT cost and/or execution. These conditions and cost/execution effects are not the responsibility of the ENGINEER. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 2 of 15 D. Preparation of Engineering Drawings The ENGINEER will provide to the CITY the original drawings of all plans in ink on reproducible mylar sheets and electronic files in .pdf format, or as otherwise approved by CITY, which shall become the property of the CITY. CITY may use such drawings in any manner it desires; provided, however, that the ENGINEER shall not be liable for the use of such drawings for any project other than the PROJECT described herein. E. Engineer's Personnel at Construction Site (1) The presence or duties of the ENGINEER's personnel at a construction site, whether as on-site representatives or otherwise, do not make the ENGINEER or its personnel in any way responsible for those duties that belong to the CITY and/or the CITY's construction contractors or other entities, and do not relieve the construction contractors or any other entity of their obligations, duties, and responsibilities, including, but not limited to, all construction methods, means, techniques, sequences, and procedures necessary for coordinating and completing all portions of the construction work in accordance with the contract documents and any health or safety precautions required by such construction work. The ENGINEER and its personnel have no authority to exercise any control over any construction contractor or other entity or their employees in connection with their work or any health or safety precautions. (2) Except to the extent of specific site visits expressly detailed and set forth in Attachment A, the ENGINEER or its personnel shall have no obligation or responsibility to visit the construction site to become familiar with the progress or quality of the completed work on the PROJECT or to determine, in general, if the work on the PROJECT is being performed in a manner indicating that the PROJECT, when completed, will be in accordance with the contract documents, nor shall anything in the contract documents or this AGREEMENT between CITY and ENGINEER be construed as requiring ENGINEER to make exhaustive or continuous on-site inspections to discover latent defects in the work or otherwise check the quality or quantity of the work on the PROJECT. If the ENGINEER makes on-site observation(s) of a deviation from the contract documents, the ENGINEER shall inform the CITY. (3) When professional certification of performance or characteristics of materials, systems or equipment is reasonably required to perform the services set forth in the Scope of Services, the ENGINEER shall be entitled to rely upon such certification to establish materials, systems or equipment and performance criteria to be required in the contract documents. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 3 of 15 F. Opinions of Probable Cost, Financial Considerations, and Schedules (1) The ENGINEER shall provide opinions of probable costs based on the current available information at the time of preparation, in accordance with Attachment A. (2) In providing opinions of cost, financial analyses, economic feasibility projections, and schedules for the PROJECT, the ENGINEER has no control over cost or price of labor and materials; unknown or latent conditions of existing equipment or structures that may affect operation or maintenance costs; competitive bidding procedures and market conditions; time or quality of performance by third parties; quality, type, management, or direction of operating personnel; and other economic and operational factors that may materially affect the ultimate PROJECT cost or schedule. Therefore, the ENGINEER makes no warranty that the CITY's actual PROJECT costs, financial aspects, economic feasibility, or schedules will not vary from the ENGINEER's opinions, analyses, projections, or estimates. G. Construction Progress Payments Recommendations by the ENGINEER to the CITY for periodic construction progress payments to the construction contractor will be based on the ENGINEER's knowledge, information, and belief from selective sampling and observation that the work has progressed to the point indicated. Such recommendations do not represent that continuous or detailed examinations have been made by the ENGINEER to ascertain that the construction contractor has completed the work in exact accordance with the contract documents; that the final work will be acceptable in all respects; that the ENGINEER has made an examination to ascertain how or for what purpose the construction contractor has used the moneys paid; that title to any of the work, materials, or equipment has passed to the CITY free and clear of liens, claims, security interests, or encumbrances; or that there are no other matters at issue between the CITY and the construction contractor that affect the amount that should be paid. H. Record Drawings Record drawings, if required, will be prepared, in part, on the basis of information compiled and furnished by others, and may not always represent the exact location, type of various components, or exact manner in which the PROJECT was finally constructed. The ENGINEER is not responsible for any errors or omissions in the information from others that is incorporated into the record drawings. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 4 of 15 I. Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with the City's Business Equity Ordinance (Ordinance No. 24534-11-2020 as codified in Chapter 20, Article X of the City's Code of Ordinances, as amended, and any relevant policy or guidance documents), the City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. Engineer acknowledges the MBE and WBE goals established for this contract and its execution of this Agreement is Engineer's written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation)and/or the commission of fraud by the Engineer may result in the termination of this Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. J. Right to Audit (1) ENGINEER agrees that the CITY shall, until the expiration of five (5) years after final payment under this contract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of the ENGINEER involving transactions relating to this contract. ENGINEER agrees that the CITY shall have access during normal working hours to all necessary ENGINEER facilities and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this section. The CITY shall give ENGINEER reasonable advance notice of intended audits. (2) ENGINEER further agrees to include in all its subconsultant agreements hereunder a provision to the effect that the subconsultant agrees that the CITY shall, until the expiration of five (5) years after final payment under the subcontract, have access to and the right to examine and photocopy any directly pertinent books, documents, papers and records of such subconsultant, involving transactions to the subcontract, and further, that the CITY shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space, in order to conduct audits in compliance with the provisions of this article together with subsection (3) hereof. CITY shall give subconsultant reasonable advance notice of intended audits. (3) ENGINEER and subconsultant agree to reproduce such documents as may be requested by the CITY. The CITY agrees to reimburse ENGINEER for the cost of hard copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 5 of 15 K. INSURANCE Engineer shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. L. Independent Consultant The ENGINEER agrees to perform all services as an independent consultant and not as a subcontractor, agent, or employee of the CITY. The doctrine of respondeat superior shall not apply. M. Disclosure The ENGINEER acknowledges to the CITY that it has made full disclosure in writing of any existing conflicts of interest or potential conflicts of interest, including personal financial interest, direct or indirect, in property abutting the proposed PROJECT and business relationships with abutting property cities. The ENGINEER further acknowledges that it will make disclosure in writing of any conflicts of interest that develop subsequent to the signing of this contract and prior to final payment under the contract. N. Asbestos or Hazardous Substances (1) If asbestos or hazardous substances in any form are encountered or suspected, the ENGINEER will stop its own work in the affected portions of the PROJECT to permit testing and evaluation. (2) If asbestos or other hazardous substances are suspected, the CITY may request the ENGINEER to assist in obtaining the services of a qualified subcontractor to manage the remediation activities of the PROJECT. O. Permitting Authorities - Design Changes If permitting authorities require design changes so as to comply with published design criteria and/or current engineering practice standards which the ENGINEER should have been aware of at the time this Agreement was executed, the ENGINEER shall revise plans and specifications, as required, at its own cost and expense. However, if design changes are required due to the changes in the permitting authorities' published design criteria and/or practice standards criteria which are published after the date of this Agreement which the ENGINEER could not have been reasonably aware of, the ENGINEER shall notify the CITY of such changes and an adjustment in compensation will be made through an amendment to this AGREEMENT. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 6 of 15 P. Schedule ENGINEER shall manage the PROJECT in accordance with the schedule developed per Attachment D to this AGREEMENT. Article V Obligations of the City A. City-Furnished Data ENGINEER may rely upon the accuracy, timeliness, and completeness of the information provided by the CITY. B. Access to Facilities and Property The CITY will make its facilities accessible to the ENGINEER as required for the ENGINEER's performance of its services. The CITY will perform, at no cost to the ENGINEER, such tests of equipment, machinery, pipelines, and other components of the CITY's facilities as may be required in connection with the ENGINEER's services. The CITY will be responsible for all acts of the CITY's personnel. C. Advertisements, Permits, and Access Unless otherwise agreed to in the Scope of Services, the CITY will obtain, arrange, and pay for all advertisements for bids; permits and licenses required by local, state, or federal authorities; and land, easements, rights-of-way, and access necessary for the ENGINEER's services or PROJECT construction. D. Timely Review The CITY will examine the ENGINEER's studies, reports, sketches, drawings, specifications, proposals, and other documents; obtain advice of an attorney, insurance counselor, accountant, auditor, bond and financial advisors, and other consultants as the CITY deems appropriate; and render in writing decisions required by the CITY in a timely manner in accordance with the project schedule prepared in accordance with Attachment D. E. Prompt Notice The CITY will give prompt written notice to the ENGINEER whenever CITY observes or becomes aware of any development that affects the scope or timing of the ENGINEER's services or of any defect in the work of the ENGINEER or construction contractors. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 7 of 15 F. Asbestos or Hazardous Substances Release. (1) CITY acknowledges ENGINEER will perform part of the work at CITY's facilities that may contain hazardous materials, including asbestos containing materials, or conditions, and that ENGINEER had no prior role in the generation, treatment, storage, or disposition of such materials. In consideration of the associated risks that may give rise to claims by third parties or employees of City, City hereby releases ENGINEER from any damage or liability related to the presence of such materials. (2) The release required above shall not apply in the event the discharge, release or escape of hazardous substances, contaminants, or asbestos is a result of ENGINEER's negligence or if ENGINEER brings such hazardous substance, contaminant or asbestos onto the project. G. Contractor Indemnification The CITY agrees to include in all construction contracts the provisions of Article IV.E. regarding the ENGINEER's Personnel at the construction site, and provisions providing for contractor indemnification of the CITY and the ENGINEER for contractor's negligence. H. Contractor Claims and Third-Party Beneficiaries (1) The CITY agrees to include the following clause in all contracts with construction contractors and equipment or materials suppliers: "Contractors, subcontractors and equipment and materials suppliers on the PROJECT, or their sureties, shall maintain no direct action against the ENGINEER, its officers, employees, and subcontractors, for any claim arising out of, in connection with, or resulting from the engineering services performed. Only the CITY will be the beneficiary of any undertaking by the ENGINEER." (2) This AGREEMENT gives no rights or benefits to anyone other than the CITY and the ENGINEER and there are no third-party beneficiaries. (3) The CITY will include in each agreement it enters into with any other entity or person regarding the PROJECT a provision that such entity or person shall have no third-party beneficiary rights under this Agreement. (4) Nothing contained in this Section H. shall be construed as a waiver of any right the CITY has to bring a claim against ENGINEER. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 8 of 15 I. Litigation Assistance The Scope of Services does not include costs of the ENGINEER for required or requested assistance to support, prepare, document, bring, defend, or assist in litigation undertaken or defended by the CITY. In the event CITY requests such services of the ENGINEER, this AGREEMENT shall be amended or a separate agreement will be negotiated between the parties. J. Changes The CITY may make or approve changes within the general Scope of Services in this AGREEMENT. If such changes affect the ENGINEER's cost of or time required for performance of the services, an equitable adjustment will be made through an amendment to this AGREEMENT with appropriate CITY approval. Article VI General Legal Provisions A. Authorization to Proceed ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written Notice to Proceed from the CITY. B. Reuse of Project Documents All designs, drawings, specifications, documents, and other work products of the ENGINEER, whether in hard copy or in electronic form, are instruments of service for this PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by the CITY or by others acting through or on behalf of the CITY of any such instruments of service without the written permission of the ENGINEER will be at the CITY's sole risk. The CITY shall own the final designs, drawings, specifications and documents. C. Force Majeure CITY and ENGINEER shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 9 of 15 D. Termination (1) This AGREEMENT may be terminated a.) by the City for its convenience upon 30 days' written notice to ENGINEER. b.) by either the CITY or the ENGINEER for cause if either party fails substantially to perform through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If this AGREEMENT is terminated for the convenience of the City, the ENGINEER will be paid for termination expenses as follows: a.) Reasonable cost of reproduction or electronic storage of partial or complete studies, plans, specifications or other forms of ENGINEER'S work product; b.) The reasonable time requirements for the ENGINEER'S personnel to document the work underway at the time of the CITY'S termination for convenience so that the work effort is suitable for long time storage. (3) Prior to proceeding with termination services, the ENGINEER will submit to the CITY an itemized statement of all projected termination expenses. The CITY'S approval shall be obtained in writing prior to proceeding with termination services. E. Suspension, Delay, or Interruption to Work The CITY may suspend, delay, or interrupt the services of the ENGINEER for the convenience of the CITY. In the event of such suspension, delay, or interruption, an equitable adjustment in the PROJECT's schedule, commitment and cost of the ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made. F. Indemnification The ENGINEER shall indemnify or hold harmless the CITY against liability for any damage committed by the ENGINEER or ENGINEER's agent, consultant under contract, or another entity over which the ENGINEER exercises control to the extent that the damage is caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier. CITY City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 10 of 15 is entitled to recover its reasonable attorney's fees in proportion to the ENGINEER's liability. G. Assignment ENGINEER shall not assign all or any part of this AGREEMENT without the prior written consent of CITY. H. Jurisdiction The law of the State of Texas shall govern the validity of this AGREEMENT, its interpretation and performance, and any other claims related to it. The venue for any litigation related to this AGREEMENT shall be Tarrant County, Texas. I. Severability and Survival If any of the provisions contained in this AGREEMENT are held for any reason to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability will not affect any other provision, and this AGREEMENT shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. Articles V.F., VI.B., VI.D., VI.F., VI.H., and VI.I. shall survive termination of this AGREEMENT for any cause. J. Observe and Comply ENGINEER shall at all times observe and comply with all federal and State laws and regulations and with all City ordinances and regulations which in any way affect this AGREEMENT and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. ENGINEER agrees to defend, indemnify and hold harmless CITY and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. K. Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 11 of 15 The failure of CITY or ENGINEER to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of CITY's or ENGINEER's respective right to insist upon appropriate performance or to assert any such right on any future occasion. L. Immigration Nationality Act ENGINEER shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by CITY, ENGINEER shall provide CITY with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. ENGINEER shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any ENGINEER employee who is not legally eligible to perform such services. ENGINEER SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY ENGINEER, ENGINEER'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. CITY, upon written notice to ENGINEER, shall have the right to immediately terminate this Agreement for violations of this provision by ENGINEER. M. Prohibition On Contracts With Companies Boycotting Israel ENGINEER acknowledges that in accordance with Chapter 2271 of the Texas Government Code, CITY is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, ENGINEER certifies that ENGINEER'S signature provides written verification to the CITY that ENGINEER: (1) does not boycott Israel; and(2) will not boycott Israel during the term of the contract. N. Prohibition on Boycotting Energy Companies ENGINEER acknowledges that in accordance with Chapter 2274 of the Texas Government Code-(as added by Acts 2021, 87th Leg., R.S., S.B. 137 § 2), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full- City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 12 of 15 time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms "boycott energy company" and "company" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not boycott energy companies; and (2)will not boycott energy companies during the term of this Agreement. O. Prohibition on Discrimination Against Firearm and Ammunition Industries ENGINEER acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the CITY is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms "discriminate," "firearm entity" and "firearm trade association" have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, ENGINEER certifies that ENGINEER's signature provides written verification to the CITY that ENGINEER: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. This AGREEMENT, including its attachments and schedules, constitutes the entire AGREEMENT, which supersedes all prior written or oral understandings, and may only be changed by a written amendment executed by both parties. This AGREEMENT may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 13 of 15 The following attachments and schedules are hereby made a part of this AGREEMENT: Attachment A - Scope of Services Attachment B - Compensation Attachment C -Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Attachment F — Insurance Requirements Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH ENGINEER Pape-Dawson Engineers, Inc. Dana Bur�4202111.1677) Dana Burghdoff Assistant City Manager Cara C. Tackett Senior Vice President Date. Nov 4,2021 a FORT�a Date: 10/14/2021 a `°°0000°oG ATTEST: ��o° d o o Ronald P. Gonzales �d'�°°°°000000o�°1) Acting City Secretary a���Jrj ASaaa APPROVAL RECOMMENDED: . QI By:7 Wj(Nov 4,2021 8:32 CDT) William Johnson Director, Transportation & Public Works APPROVED AS TO FORM AND LEGALITY Form 1295 No. 2021-751212 8wi By-Mack(N°v4,202117:01 CDT) Douglas W Black M&C No.: 21-0550 Sr. Assistant City Attorney M&C Date: 08/10/2021 City of Fort Worth,Texas Contract OFFICIAL RECORD Standard Agreement for Engineering Related Design Services Revised Date:Sept.1,2021 CITY SECRETARY Page 14 of 15 FT. WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. Clair C. Davis Project Manager OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX City of Fort Worth,Texas Contract Name:Flood Risk Map Update Standard Agreement for Engineering Related Design Services City Project No.:103487 Revised Date:Sept.1,2021 Page 15 of 15 ATTACHMENT "A" BASIC SCOPE OF SERVICES Flood Risk Map Update City Project No. 103487 Scope of Professional Engineering Services for Flood Risk Map Update The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub- consultant, including surveyor, employed or contracted by the ENGINEER. The contract will be setup as a Time and Materials(T&M) contract with two distinct phases for Flood Risk Mapping products cleanup and Citywide Rain-on-Grid Flood Risk Mapping in HEC-RAS. PROJECT UNDERSTANDING First, the City has 16 City Flood Risk Areas (CFRA) created as part of a detailed modeling effort using InfoWorks ICM (SD 2D) and XP-SWMM 1D/2D software for the 2-, 5-, 10-, 25-, 50-, 100-, and 500-year storm events. The CFRAs represent flood risk areas in the City that are predominantly affected by overland flooding. It is the intent of the City to smoothen the CFRA mapping and clean up its boundaries so that flood risk is easier to communicate while making it easier for the general public to understand. Due to the complexity of the modeling performed in creating the CFRA product, the underlying data will still need to be preserved in a format with minimal data loss in its newer format. Secondly, the City has a city-wide urban flood risk mapping effort that was performed using InfoWorks ICM to estimate, very roughly, potential high-water areas (PHWA) in areas that are currently unmapped by FEMA floodplains. The PHWA is a strictly Rain-On-Grid model with no subsurface network modeling performed. Rainfall assumptions were adjusted to account for the storm drain capacity, assuming the rest is overland flow. Due to its size,the PHWA is currently modeled by splitting the City in to 6 quadrants to reduce computational run times with 6 separate mapping products that are overlaid to create a seamless mapping layer for viewing purposes. It is the intent of the City to update the PHWA while reasonably accounting for the subsurface storm drain capacity(capacity informed by actual storm drain pipe sizes) in the new model instead of reducing the overall precipitation. The new PHWA is expected to be only for the 100-year storm event using the latest Atlas 14 rainfall estimates for Tarrant County. Lastly, an Education and Information component will be required to assist staff in engaging with stakeholders on the use and efficiency of the new products. The outreach is important to ensure acceptance and confidence in these new products while providing a transparent forum to solicit and respond to feedback. OBJECTIVES OF THIS SCOPE OF SERVICES As part of these Scope of Services, Pape-Dawson Engineers, Inc. will perform three basic tasks: 1. Refine CFRA mapping products consistent with industry accepted practices for all CFRA areas for 3 storm events (including the 100-year). The refined mapping will also consist of the underlying data that will be transferred into a more user-friendly product and with minimal accuracy loss in transition. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment A City Project No.:103487 PMO Release Date:07/23/2012 Page 1 of 5 2. Develop a new 100-year (only) modeling and mapping product for the PHWA that is focused on the areas of the City outside the FEMA mapped areas and CFRAs for existing conditions landuse. The new modeling will need to incorporate some allowance for the existing subsurface storm drain system, with limited testing. The new 100-year PHWA mapping product will have similar cleanup steps performed as the CFRA as part of the deliverable. 3. Perform community and market research to develop messaging content (fact sheets, FAQs, graphics for website, community meeting flyers) and facilitate meetings. TASK A-DATA COLLECTION TASK 290 The City will provide the following information related to the current CFRA and PHWA • Citywide GIS base data such as City boundaries, City ETJ, Existing Land Use, Stream centerlines, Storm drain centerlines, Roadway centerlines, Railroad centerlines, Impervious Areas (Building Footprints, Pavements, Parking Lots), major drainage boundaries. • General digital sketches of areas of the City with storm drains designed for the 100-year Level of Service so that these areas may be excluded from the PHWA modeling and mapping effort. • The current CFRA mapping for 3 storm events (including the 100-year). • The current PHWA mapping for the 100-year event. • The City staff will assist Pape-Dawson with collecting similar data as above from its neighboring cities that fall within its ETJ. • Coordinate with City staff to develop standard communication protocols. Community and Market research and audience intelligence analysis (Task E)will be performed in this task also. TASK B—CFRA MAPPING CLEANUP TASK 291 1. Create a Citywide terrain using the 2019 TNRIS DEMs or the latest 2020 NCTCOG products,whichever is available at notice-to-proceed. The terrain will cover all the watersheds that currently drain through the City boundary obtained in Task A. 2. Create a HEC-RAS RASMapper project to store the terrain and other products created below. 3. Convert the CFRA mapping in to a raster-based mapping for depths only. Perform checks to confirm minimal loss of data. Confirm that the CFRA raster is snapped to the Citywide terrain. Import all raster data in to HEC-RAS RASMapper for overlays and querying as discussed in Task C. 4. As a separate GIS exercise,apply cleanup steps on one of the sixteen CFRA mappings for the 3 selected storm events (including the 100-year) using tools and techniques that have been successfully tried and tested at other agencies/municipalities. 5. Perform testing on the cleanup parameters being used on the preliminary products created in Task B.4 to vary the size of residual voids and smoothening of the polygonal boundaries. 6. Confirm with the City, during a workshop, on the cleanup parameters that are acceptable in Task B.5 for further application on the rest of the CFRA polygonal mapping. Prepare meeting minutes. 7. Document the agreed upon cleanup parameters for the CFRA mapping and perform 48 (3 storm events for each of the 16 CFRA) polygonal cleanups in GIS. 8. Prepare a draft letter report documenting the assumptions, methodology, and results created as part of this Task. 9. Respond to one (1) round of review comments from the City staff. 10. Prepare a final letter report documenting the assumptions, methodology, and results created as part of this Task. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment A City Project No.:103487 PMO Release Date:07/23/2012 Page 2 of 5 11. Provide the City with all digital data created including the Citywide terrain, CFRA raster mapping, and the smoothened CFRA polygons, documentation of steps, tools, utilities or models used to develop the deliverables. Deliverable for Task B • Citywide Terrain • CFRA Raster Mapping for the 3 selected storm events (including 100-year) • CFRA Polygons (Smoothened)for the 3 selected storm events (including 100-year) • Summary Table of Cleanup techniques used—note any special exceptions made • Documentation of cleanup steps (including tools, utilities or models) TASK C—CITYWIDE PHWA MODELING AND MAPPING TASK 292 1. Create a Citywide Landuse layer based on the data collected from Task A for the City's ETJ. The landuse layer will be overlaid with the Impervious Area polygons also collected in Task A. In areas outside the City limits, best available landuse will be used to assume impervious areas. The landuse layer will be snapped to the citywide terrain. 2. Develop a Manning's n-value table for the City's landuse for Rain on Grid application. Sources such as the HCFCD MAAPnext standards and the HEC-RAS v6.0 2D Manual will be used to develop this table that can then be used for future applications across the City on a consistent basis. A letter memo shall be prepared to document the assumptions made in developing the citywide Manning's n layer. 3. A HEC-RAS v6.0 model will be created with the Citywide terrain and Landuse layer as the baseline information to be used for all PHWA modeling and mapping. The CFRA raster layers in Task B will be eventually imported in to this model to create a central repository of all CFRA and PHWA mapping in one location. 4. In HEC-RAS, a citywide mesh that covers all the watersheds that drain through the City boundary will be created. Breaklines will be created from the centerline information collected in Task A for street, railroad, and other major linear features. 5. External 100-year boundary conditions will be developed for the major creeks and rivers entering and leaving the city's ETJ using the data obtained in Task A for these major waterways. 6. The 100-year Atlas 14 precipitation values for Tarrant County will be used in HEC-HMS to create an excess precipitation hydrograph for application to the 2D mesh created in HEC-RAS. 7. Case Study with one CFRA area: A case study will be performed using the Zoo Creek CFRA mapping to develop approximate trench sizes (width) for different pipe sizes in the network. Using this testing, results for the PHWA mapping will be compared against the CFRA raw mapping to fine-tune the trench size by category of storm drain system. Pape-Dawson will develop a master lookup table to approximate width of the trench by size category of the storm drain system. No more than 7 size categories will be created to approximate trench sizes. 8. A GIS exercise will be performed to filter storm drain sizes by the seven trench approximations prepared in the above case study. The storm drain centerlines collected in Task A will be annotated with the appropriate dimensions to create vector trenches, approximating storm drains, in RASMapper. 9. Testing of different trench sizes for different storm drain sizes will be performed to determine the best approximations for storm drain capacities. Compare the results of the PHWA mapping with the CFRA mapping to help fine tune the trench approximations. 10. Meet with the City staff to discuss the trench size approximation results before proceeding to mapping cleanups. Prepare meeting minutes. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment A City Project No.:103487 PMO Release Date:07/23/2012 Page 3 of 5 11. Debugging of the PHWA modeling and mapping will be performed to fine-tune the assumed parameters for Mesh cell size, computation timestep, Manning's n-values, breaklines, and trench sizes. 12. Meet with the City staff to discuss PHWA modeling and raw mapping results. Comments from the City will be used to fine-tune the PHWA models and raw mapping before proceeding to the next step. 13. Perform PHWA 100-year mapping smoothening using the same steps used for the CFRA mapping. 14. Prepare and present one (1) City staff presentation to discuss the results. Prepare meeting minutes. 15. Prepare a draft letter report documenting the assumptions, methodology, and results created as part of this Task. The draft report will show an example of how breaklines improve modeling results and mapping. 16. Respond to one (1) round of review comments from the City staff on the draft report deliverables. 17. Prepare a final letter report documenting the assumptions, methodology, and results created as part of this Task. 18. Provide the City with all digital data created including the Citywide terrain, citywide landuse, PHWA modeling and mapping, and the smoothened PHWA polygons. Deliverable for Task C • Excess precipitation HEC-HMS model • PHWA HEC-RAS model • PHWA raster mapping • PHWA Polygon (smoothened) • Manning's n-value letter memo • Draft Report • Final Report TASK D—PROJECT ADMINISTRATION TASK 501 Attend a Project Kick-Off meeting and provide project management services for a period of 12 months from Notice-to-Proceed. Monthly status meetings will be performed for the duration of 12 months to update the City on progress and milestones. TASK E—EDUCATION & INFORMATION SERVICES TASK 293 Three Box will perform the following steps in providing Educational & Informational services: 1. Three Box will conduct a brief sweep of local media, community forums and homeowner association websites to identify any past concerns with City of Fort Worth flood risk reporting systems. Following this initial research,Three Box will work with the City to identify key messages for product rollout materials. A memo on the findings will include: • Market research • Audience understanding of flood risk • Message development 2. Three Box will help the City develop materials for key audiences. Deliverables in this subtask will include: • Product fact sheets (2) • Audience-specific FAQ handouts (4 total) • Website graphics (up to 4) • Meeting flyer(digital only) City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment A City Project No.:103487 PMO Release Date:07/23/2012 Page 4 of 5 3. Three Box will assist staff with communication assets and onsite resources. Deliverables include: • Advance briefing materials for key stakeholders • Communications toolkit • Presentation support EXCLUSIONS AND LIMITATIONS The following services are not included in this Basic Scope of Services: 1. All work will be performed in one (1)Work Authorization. 2. Testing for the CFRA/PHWA mapping cleanup will occur in Task B and those parameters will consistently be applied to the PHWA mapping cleanup in the Task C. No revisions or additional testing is included after the CFRA mapping is completed in Task B. 3. All PHWA modeling is expected to be performed in HEC-RAS v6.0 at the time of this scope development. Once modeling for Task C commences in the latest available HEC-RAS version it will be completed in that HEC-RAS version. Upgrades to any subsequent software versions of HEC-RAS is not included. 4. No additional spatial base files data will be digitized or created as part of these services. The spatial data available from the City and its neighbors will be used as-is with no quality-control checks or revisions to account for updates. 5. Only one(1) round of reviews for each of the CFRA and PHWA reports is included. Additional reviews are outside these scope of services and fees. 6. Project Management and coordination services beyond 12 months from NTP is not included in these services. 7. Additional modeling or debugging of the City-provided models beyond what is discussed in the Scope and Schedule (below) is not included. 8. Additional modeling related to sump and storm drain models is not included. 9. All modeling is anticipated to be performed using freely available software. Any costs associated with licensing of proprietary software for Pape-Dawson use is not included. 10. Development of a GIS website to display results is not included. 11. Additional submittals or reviews not specifically shown in Task C and D are not included. 12. Up to 4 stakeholders are assumed as part of the Education & Information services. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment A City Project No.:103487 PMO Release Date:07/23/2012 Page 5 of 5 ATTACHMENT B COMPENSATION Professional Engineering Services for Flood Risk Map Update City Project No. 103487 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i. Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER's team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2021 Rate 2022 Rate $/hour $/hour Vice President $340.00 $350.00 Principal Engineer $320.00 $335.00 Sr. Project Manager $285.00 $295.00 Project Manager $210.00 $220.00 Sr. Project Engineer $195.00 $205.00 Project Engineer $165.00 $170.00 GIS Manager $235.00 $245.00 GIS Technician $135.00 $140.00 CADD Technician $150.00 $155.00 Engineer IV $145.00 $155.00 Engineer III $135.00 $145.00 Engineer II $125.00 $135.00 Engineer 1 $120.00 $130.00 Water Resources Specialist 11 $120.00 $125.00 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment B City Project No.:103487 PMO Official Release Date:8.09.2012 Page 1 of 4 B-1 ATTACHMENT B COMPENSATION iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER's excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment B City Project No.:103487 PMO Official Release Date:8.09.2012 Page 2 of 4 B-2 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Pape-Dawson Technical Tasks A-C & $361,632 95.00% Engineers, Inc. Task D — Project Administration Proposed MBE/SBE Sub-Consultants Three Box, Inc. Task E - Education & $19,033 5.00% Information Services Non-MBE/SBE Consultants TOTAL $ 380,665.00 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE SWS-088 Flood Risk Map Update 380 665.00 19,033 5.00% City MBE/SBE Goal = 5.00% Consultant Committed Goal = 5.00% City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment B City Project No.:103487 PMO Official Release Date:8.09.2012 Page 3 of 4 B-3 EXHIBIT "B-1" ENGINEER INVOICE (Supplement to Attachment B) Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment B City Project No.:103487 PMO Official Release Date:8.09.2012 Page 4 of 4 B-4 rJPAPE-DAWSON INVOICE ENGINEERS City of Fort Worth April 26, 2021 200 Texas St. Project No: 701XX-00 Fort Worth, TX 76102-6314 Invoice No: <Draft> ATTN: Mr. Clair Davis PO: TBD RE: FLOOD RISK MAP UPDATE City Sec. No.: TBD Professional Services through April 23, 2021 Professional Services Budget:$ 100.00 Professional Services Previously Invoiced:$ 0.00 Professional Services This Invoice: $ 51.25 Professional Services Billed to Date: $ 51.25 Reimbursables Previously Invoiced: $ 0.00 Reimbursables This Invoice: $ 0.00 INVOICE TOTAL:$ 51.25 PROJECT MANAGER: Zubin Sukheswalla Please pay promptly. Interest of 1% per month is added after 30 days. Contract Name:Flood Risk Map Update City Project No.:103487 Transportation Water Resources I Land Development I Surveying I Environmental please remit to: 2000 NW LOOP 410, SAN ANTONIO, TX 78213 telephone: 210-375-9000 website: PAPE-DAWSON.COM San Antonio I Austin I Houston I Fort Worth I Dallas rJPAPE-DAWSON INVOICE ENGINEERS April 26, 2021 Project No: 701XX-00 Invoice No: <Draft> SALARY AND EXPENSE DETAIL Professional Personnel Hours Rate Amount Administrative Assistant .50 102.49 51.25 Totals .50 51.25 Total Labor 51.25 **Total Project 701 XX-00 $51.25 Contract Name:Flood Risk Map Update City Project No.:103487 Transportation I Water Resources I Land Development I Surveying Environmental please remit to: 2000 NW LOOP 410, SAN ANTONIO, TX 78213 telephone: 210-375-9000 website: PAPE-DAWSON.COM San Antonio I Austin I Houston I Fort Worth I Dallas V O-k O N N V mp r W l0 E N A N o L O O O O O O O Lc�Lc w o a r ro o m m F <» w _ m d m N O - U U N O O O L F s� in 00 ......000ur O 0...00000u�0000u� <0000co vo in m CO m OD M O(O O O N I�V O m N r N M(O O m V I�N N M V O)O)O)O) M LL�LL�V W M N M f0 O l0.- O WM r m D O 6,6 M F U N M O O O O O O O f0 (O V O N N O m co() OD V V M (O (O I r W M N M OD M cl omrorn M N F O N N fA (H f9 f9 f9 f9 LL� O O N.....O O O.O LL� O LL�LL�O O O..O O O O O.O O O O. O O O O O N O) T/1 N. O O O O M N$2 O O O LL�N m V N I.m.m O LL� r.O O.O O N V m W I� O W m N O m O O N I�O O V N �M I-r N M O O m V I�N N M V N m N m <G Lo Lo V 1� M N O N M l0 � f9 f9 f9 f9 fry m A O) N - V N N N W O � It a �x 7 a A N f0 A � �W N Z 9 N?> O L O pp (O W m m N V m V V m m V f0 V N N(O m m V m O(O O V m m O(O V m N N N(O O ca Lu y O v N v 2 cm IL a c 3 0 J a.0 U cm p N a N N c y W O N N J M N M N N N N J � W r p F w d N A O O H 42 ~ EN E E O O N N E n O N l0 N Q O 3 I 0 a E U E o a o m m m o E `m Y E o a o m u E U w E a a m a- co m o m m o a N E E o m N E LL p E o E m TO, m o E m m` O o - m n m m E ¢ - ¢' m N E Q s 3 m E a L O s )o w a W W m m m a E M w O m O a 0 0 ; m m Q LL o _ Y O m E m a �U 2 Y £ o l0 m N E U L' N N.�.- l0 S O) o f U O _ m m o m o m o m ma E o o m N _ E T d d O_.L.- N E N.-'« O D C 3 N E N Z l0 l0 O_L E E O_T n O p v5 U w U O)O_ E O N N E N W W. O_ O N N N'm L o O O_nT W, p 'w O_>, N �O U O N > > N 10/1 N" Q O 5 U L C C(Qn N O_ d N O Q O E U r "O o o C U F w O E co a u o f m 2 L m m J o�K 3 d w m=m Q w 1005; 0- m a°�i m; w E s o Q W o m Q O O m T�s m n `oa UTn Tn m Tom£ T�n�T�n �U) c� W - o �'-af m3 ..0 3 -0 Ew v o �a�.= `pO� 3 t E �� `m o 2 t.- -d6 �t3 mQ T m. m=s� m m.-�C5 T � O m p-> LL ow.- Tw.-U U ow.- E E m a °� U c10i fn °� > m 0=U � o m m 0 m m"� u Y Y L m m m 0 Q 4 Q U o K E max U m N o E0 U o00 > o a o Emm w m 0oo W > oa w D O U U CDaQ 00 0 U QQCD U Q w U a N � o W Q m NM vu�cor mrn U NMv u�corm o � � ro D NM v w NM 0 U ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Engineering Services for Flood Risk Map Update City Project No. 103487 Article III — Replace the entire paragraph with "Time is of the essence. Unless otherwise terminated pursuant to Article VI. D. herein, this Agreement shall be for a term beginning upon the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein pursuant to the schedule, whichever occurs first. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Engineer agrees to exercise diligence in the performance of its services consistent with the schedule, subject, however, to the exercise of the standard of care set out in Article IV(B) herein for the performance of such services." Article VI, Item J — Remove the word "defend," from the last sentence in paragraph City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment C City Project No.:103487 PMO Release Date:05.19.2010 Page 1 of 1 FORTWORTH ATTACHMENT "D" PROJECT SCHEDULE Professional Engineering Services for Flood Risk Map Update City Project No. 103487 A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier' level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. The Master Project Schedule for the current project understanding is shown below: Task Project Milestone Schedule A Data Collection 1 week from NTP Workshop to finalize Cleanup 3 weeks from NTP B-CFRA parameters CFRA 3-storms (48 total) smoothened 6 weeks from NTP products City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment D City Project No.:103487 Revision Date:07.20.2018 Page 1 of 2 Task Project Milestone Schedule CFRA Draft Letter Report 12 weeks from NTP CFRA Final Letter Report 4 weeks from receipt of all comments Workshop to discuss trench testing 20 weeks from all Data Collected results C-PHWA Finalize citywide PHWA mapping 26 weeks from NTP PHWA Draft Letter Report 30 weeks from NTP PHWA Final Letter Report 6 weeks from receipt of all comments D Project Administration Until Project is completed E Education & Information Services 6 months from commencement of services A review time of 20 working days is included after the Draft Report submittals in this schedule. City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment D City Project No.:103487 Revision Date:07.20.2018 Page 2 of 2 ATTACHMENT "E" LOCATION MAP Professional Engineering Services for Flood Risk Map Update City Project No. 103487 Location of the project is the 16 CFRA areas for Attachment A, Task B and the City's ETJ for Attachment A, Task C City of Fort Worth,Texas Contract Name:Flood Risk Map Update Attachment E City Project No.:103487 PMO Release Date:05.19.2010 Page 1 of 1 EXHIBIT F CITY OF FORT WORTH STANDARD INSURANCE REQUIREMENTS (1) INSURANCE LIMITS a. Commercial General Liability — Insured shall maintain commercial general liability (CGL) and, if necessary, commercial umbrella insurance as follows: $1,000,000 each occurrence $2,000,000 aggregate If such Commercial General Liability insurance contains a general aggregate limit, it shall apply separately to this Project or location. i. City shall be included as an additional insured with all rights of defense under the CGL, using ISO additional insured endorsement or a substitute providing equivalent coverage, and under the commercial umbrella, if any. This insurance shall apply as primary insurance with respect to any other insurance or self-insurance programs afforded to City. The Commercial General Liability insurance policy shall have no exclusions or endorsements that would alter or nullify: premises/operations, products/completed operations, contractual, personal injury, or advertising injury, which are normally contained within the policy, unless City specifically approves such exclusions in writing. ii. Insured waives all rights against City and its agents, officers, directors and employees for recovery of damages to the extent these damages are covered by the commercial general liability or commercial umbrella liability insurance maintained in accordance with Agreement. b. Business Auto — Insured shall maintain business auto liability and, if necessary, commercial umbrella liability insurance as follows: $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Such insurance shall cover liability arising out of "any auto", including owned, hired, and non-owned autos, when said vehicle is used in the course of Insured's business and/or the Project. If Insured owns no vehicles, coverage for hired or non-owned autos is acceptable. Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by the business auto liability or commercial umbrella liability insurance obtained by Insured pursuant to this Agreement or under any applicable auto physical damage coverage. CFW Standard Insurance Requirements Page 1 of 3 Rev. 5.04.21 c. Workers' Compensation — Insured shall maintain workers compensation and employer's liability insurance and, if necessary, commercial umbrella liability insurance as follows: Coverage A: statutory limits Coverage B: $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Insured waives all rights against City and its agents,officers,directors and employees for recovery of damages to the extent these damages are covered by workers compensation and employer's liability or commercial umbrella insurance obtained by Insured pursuant to this Agreement. d. Professional Liability (Errors & Omissions) — Insured shall maintain professional liability insurance as follows: $1,000,000 - Each Claim Limit $2,000,000 - Aggregate Limit Professional Liability coverage may be provided through an endorsement to the Commercial General Liability policy, or a separate policy specific to Professional E&O. Either is acceptable if coverage meets all other requirements. Coverage shall be written on a claims-made basis, and maintained for the duration of the contractual agreement and for five (5) years following completion of services provided. The policy shall contain a retroactive date prior or equal to the Effective Date of the Agreement or the first date of services to be performed, whichever is earlier. An annual certificate of insurance shall be submitted to City to evidence coverage. (2) GENERAL INSURANCE REQUIREMENTS a. Certificates of insurance evidencing that Insured has obtained all required insurance shall be attached to Agreement concurrent with its execution. Any failure to attach the required insurance documentation hereto shall not constitute a waiver of the insurance requirements. b. Applicable policies shall be endorsed to name City as an Additional Insured, as its interests may appear, and must afford the City the benefit of any defense provided by the policy. The term City shall include its employees, officers, officials, and agents as respects the contracted services. Applicable policies shall each be endorsed with a waiver of subrogation in favor of City with respect to the Project. c. Certificate(s) of insurance shall document that insurance coverage limits specified in this Agreement are provided under applicable policies documented thereon. Insured's insurance policy(s) shall be endorsed to provide that said insurance is primary protection and any self-funded or CFW Standard Insurance Requirements Page 2 of 3 Rev. 5.04.21 commercial coverage maintained by City shall not be called upon to contribute to loss recovery. Insured's liability shall not be limited to the specified amounts of insurance required herein. d. Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. City must approve in writing any alternative coverage for it to be accepted. e. A minimum of thirty (30) days' notice of cancellation or material change in coverage shall be provided to City. A ten (10)days'notice shall be acceptable in the event of non-payment of premium. f. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A:VII or equivalent measure of financial strength and solvency as determined by the City's Risk Management division. g. Any deductible or self-insured retention in excess of $25,000 that would change or alter the requirements herein is subject to approval in writing by City, if coverage is not provided on a first-dollar basis. City, at its sole discretion,may consentto alternative coverage maintained through insurance pools or risk retention groups. Dedicated financial resources or letters of credit may also be acceptable to City. h. In the course of the Agreement, Insured shall report, in a timely manner, to City's Risk Management Department with additional notice to the Contract Compliance Manager, any known loss or occurrence which could give rise to a liability claim or lawsuit against City or which could result in a property loss. i. City shall be entitled, upon its request and without incurring expense, to review Insured's insurance policies including endorsements thereto and, at City's discretion, Insured may be required to provide proof of insurance premium payments. j. Lines of coverage, other than Professional Liability, underwritten on a claims- made basis, shall contain a retroactive date coincident with or priorto the date of this Agreement. The certificate of insurance shall state both the retroactive date and that the coverage is claims-made. k. Coverages, whether written on an occurrence or claims-made basis, shall be maintained without interruption nor restrictive modification or changes from date of commencement of the Project until final payment and termination of any coverage required to be maintained after final payments. I. City shall not be responsible for the direct payment of any insurance premiums required by Agreement. m. Subcontractors of Insured shall be required by Insured to maintain the same or reasonably equivalent insurance coverage as required for Insured. Upon City's request, Insured shall provide City with documentation thereof. CFW Standard Insurance Requirements Page 3 of 3 Rev. 5.04.21 CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART It is understood and agreed as follows: I. WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury caused in whole or in part by your acts or omissions, or the acts or omissions of those acting on your behalf: A. in the performance of your ongoing operations subject to such written contract;or B. in the performance of your work subject to such written contract, but only with respect to bodily injury or property damage included in the products-completed operations hazard, and only if: 1. the written contract requires you to provide the additional insured such coverage; and 2. this coverage part provides such coverage. II. But if the written contract requires: A. additional insured coverage under the 11-85 edition, 10-93 edition, or 10-01 edition of CG2010, or under the 10- 01 edition of CG2037; or B. additional insured coverage with "arising out of language; or C. additional insured coverage to the greatest extent permissible by law; then paragraph I.above is deleted in its entirety and replaced by the following: WHO IS AN INSURED is amended to include as an Insured any person or organization whom you are required by written contract to add as an additional insured on this coverage part, but only with respect to liability for bodily injury, property damage or personal and advertising injury arising out of your work that is subject to such written contract. III. Subject always to the terms and conditions of this policy, including the limits of insurance, the Insurer will not provide such additional insured with: A. coverage broader than required by the written contract;or B. a higher limit of insurance than required by the written contract. N IV. The insurance granted by this endorsement to the additional insured does not apply to bodily injury, property damage, or personal and advertising injury arising out of: A. the rendering of, or the failure to render, any professional architectural, engineering, or surveying services, including: 1. the preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders or drawings and specifications; and 2. supervisory, inspection, architectural or engineering activities;or B. any premises or work for which the additional insured is specifically listed as an additional insured on another endorsement attached to this coverage part. V. Under COMMERCIAL GENERAL LIABILITY CONDITIONS, the Condition entitled Other Insurance is amended to add the following,which supersedes any provision to the contrary in this Condition or elsewhere in this coverage part: CNA75079XX(10-16) Policy No: 7012316633 Page 1 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/28/2021 Insured Name: PAPE DAWSON CONSULTING ENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Blanket Additional Insured - Owners, Lessees or Contractors - with Products-Completed Operations Coverage Endorsement Primary and Noncontributory Insurance With respect to other insurance available to the additional insured under which the additional insured is a named insured,this insurance is primary to and will not seek contribution from such other insurance, provided that a written contract requires the insurance provided by this policy to be: 1. primary and non-contributing with other insurance available to the additional insured; or 2. primary and to not seek contribution from any other insurance available to the additional insured. But except as specified above, this insurance will be excess of all other insurance available to the additional insured. VI. Solely with respect to the insurance granted by this endorsement,the section entitled COMMERCIAL GENERAL LIABILITY CONDITIONS is amended as follows: The Condition entitled Duties In The Event of Occurrence, Offense, Claim or Suit is amended with the addition of the following: Any additional insured pursuant to this endorsement will as soon as practicable: 1. give the Insurer written notice of any claim, or any occurrence or offense which may result in a claim; 2. send the Insurer copies of all legal papers received, and otherwise cooperate with the Insurer in the investigation, defense, or settlement of the claim; and 3. make available any other insurance, and tender the defense and indemnity of any claim to any other insurer or self-insurer, whose policy or program applies to a loss that the Insurer covers under this coverage part. However, if the written contract requires this insurance to be primary and non-contributory, this paragraph 3. does not apply to insurance on which the additional insured is a named insured. The Insurer has no duty to defend or indemnify an additional insured under this endorsement until the Insurer receives written notice of a claim from the additional insured. VII. Solely with respect to the insurance granted by this endorsement,the section entitled DEFINITIONS is amended to add the following definition: Written contract means a written contract or written agreement that requires you to make a person or organization an additional insured on this coverage part, provided the contract or agreement: A. is currently in effect or becomes effective during the term of this policy;and B. was executed prior to: 1. the bodily injury or property damage;or 2. the offense that caused the personal and advertising injury; for which the additional insured seeks coverage. Any coverage granted by this endorsement shall apply solely to the extent permissible by law. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. CNA75079XX(10-16) Policy No: 7012316633 Page 2 of 2 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/28/2021 Insured Name: PAPE DAWSON CONSULTING ENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA CNA PARAMOUNT Waiver of Transfer of Rights of Recovery Against Others to the Insurer Endorsement This endorsement modifies insurance provided under the following: COMMERCIAL GENERAL LIABILITY COVERAGE PART PRODUCTS/COMPLETED OPERATIONS LIABILITY COVERAGE PART SCHEDULE Name Of Person Or Organization: ANY PERSON OR ORGANIZATION WHOM THE NAMED INSURED HAS AGREED IN WRITING IN A CONTRACT OR AGREEMENT TO WAIVE SUCH RIGHTS OF RECOVERY, BUT ONLY IF SUCH CONTRACT OR AGREEMENT: 1 .IS IN EFFECT OR BECOMES EFFECTIVE DURING THE TERM OF THIS COVERAGE PART; AND 2 .WAS EXECUTED PRIOR TO THE BODILY INJURY, PROPERTY DAMAGE OR PERSONAL AND ADVERTISING INJURY GIVING RISE TO THE CLAIM. (Information required to complete this Schedule, if not shown above, will be shown in the Declarations.) Under COMMERCIAL GENERAL LIABILITY CONDITIONS, it is understood and agreed that the condition entitled Transfer Of Rights Of Recovery Against Others To Us is amended by the addition of the following: With respect to the person or organization shown in the Schedule above, the Insurer waives any right of recovery the Insurer may have against such person or organization because of payments the Insurer makes for injury or damage arising out of the Named Insured's ongoing operations or your work included in the products-completed operations hazard. All other terms and conditions of the Policy remain unchanged. This endorsement, which forms a part of and is for attachment to the Policy issued by the designated Insurers, takes effect on the effective date of said Policy at the hour stated in said Policy, unless another effective date is shown below, and expires concurrently with said Policy. N CNA75008XX(10-16) Policy No: 7012316633 Page 1 of 1 Endorsement No: CONTINENTAL CASUALTY COMPANY Effective Date: 02/28/2021 Insured Name: PAPE DAWSON CONSULTING ENGINEERS, INC. Copyright CNA All Rights Reserved. Includes copyrighted material of Insurance Services Office,Inc.,with its permission. CNA Business Auto Policy Policy Endorsement DESIGNATED INSURED • • COVERED AUTOSCOVERAGE THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by this endorsement. This endorsement identifies person(s) or organization(s) who are "insureds" for Covered Autos Liability Coverage under the Who Is An Insured provision of the Coverage Form. This endorsement does not alter coverage provided in the Coverage Form. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: PAPE DAWSON CONSULTING ENGINEERS, INC. Endorsement Effective Date: SCHEDULE Name Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION THAT THE NAMED INSURED IS OBLIGATED TO PROVIDE INSURANCE WHERE REQUIRED BY A WRITTEN CONTRACT OR AGREEMENT IS AN INSURED,BUT ONLY WITH RESPECT TO LEGAL RESPONSIBILITY FOR ACTS OR OMISSIONS OF A PERSON/ORGANIZATION FOR WHOM LIABILITY COVERAGE IS AFFORDED UNDER THIS POLICY Information required to complete this Schedule, if not shown above, will be shown in the Declarations. Each person or organization shown in the Schedule is an "insured" for Covered Autos Liability Coverage, but only to the extent that person or organization qualifies as an "insured" under the Who Is An Insured provision contained in Paragraph A.1. of Section II - Covered Autos Liability Coverage in the Business Auto and Motor Carrier Coverage Forms and Paragraph D.2. of Section I - Covered Autos Coverages of the Auto Dealers Coverage Form. Form No: CA 20 48 10 13 Policy No:7012296190 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 02/28/202 Endorsement No: Policy Page: Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 °Copyright Insurance Services Office, Inc., 2011 Business Auto Policy Policy Endorsement WAIVER OF TRANSFER OF RIGHTS OF RECOVERY AGAINST OTHERS TO OF SUBROGATION) THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY. This endorsement modifies insurance provided under the following: AUTO DEALERS COVERAGE FORM BUSINESS AUTO COVERAGE FORM MOTOR CARRIER COVERAGE FORM With respect to coverage provided by this endorsement, the provisions of the Coverage Form apply unless modified by the endorsement. This endorsement changes the policy effective on the inception date of the policy unless another date is indicated below. Named Insured: PAPE DAWSON CONSULTING ENGINEERS, INC. Endorsement Effective Date: SCHEDULE Name(s) Of Person(s) Or Organization(s): ANY PERSON OR ORGANIZATION FOR WHOM OR WHICH YOU ARE REQUIRED BY WRITTEN CONTRACT OR AGREEMENT TO OBTAIN THIS WAIVER FROM US. YOU MUST AGREE TO THAT REQUIREMENT PRIOR TO LOSS. Information required to complete this Schedule, if not shown above, will be shown in the Declarations. The Transfer Of Rights Of Recovery Against Others To Us condition does not apply to the person(s) or organization(s) shown in the Schedule, but only to the extent that subrogation is waived prior to the "accident" or the "loss" under a contract with that person or organization. Form No: CA 04 44 10 13 Policy No: 7012296190 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date: 02/28/2021 Endorsement No: Policy Page: Underwriting Company: National Fire Insurance Company of Hartford, 151 N Franklin St, Chicago, IL 60606 °Copyright Insurance Services Office, Inc., 2011 CNA Workers Compensation And Employers Liability Insurance Policy Endorsement ITEXAS WAIVER OF OUR RIGHT TO RECOVER FROM OTHERS ENDORSEMENT This endorsement applies only to the insurance provided by the policy because Texas is shown in Item 3.A. of the Information Page. We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule, but this waiver applies only with respect to bodily injury arising out of the operations described in the Schedule where you are required by a written contract to obtain this waiver from us. This endorsement shall not operate directly or indirectly to benefit anyone not named in the Schedule. The premium for this endorsement is shown in the Schedule. Schedule 1. Specific Waiver Name of person or organization X❑ Blanket Waiver Any person or organization for whom the Named Insured has agreed by written contract to furnish this waiver. 2. Operations: All Texas Operations 3. Premium: The premium charge for this endorsement shall be 2% percent of the premium developed on payroll in connection with work performed for the above person(s) or organization(s) arising out of the operations described. 4. Advance Premium: Refer to Schedule of Operations All other terms and conditions of the policy remain unchanged. This endorsement, which forms a part of and is for attachment to the policy issued by the designated Insurers, takes effect on the Policy Effective Date of said policy at the hour stated in said policy, unless another effective date (the Endorsement Effective Date) is shown below, and expires concurrently with said policy unless another expiration date is shown below. Form No: WC 42 03 04 B (06-2014) Policy No: 7012316647 Endorsement Effective Date: Endorsement Expiration Date: Policy Effective Date:02/28/2021 Endorsement No: Policy Page: Underwriting Company: Valley Forge Insurance Company, 151 N Franklin St, Chicago, IL 60606 ©Copyright 2014 National Council on Compensation Insurance, Inc. All Rights Reserved. City of Fort Worth, Texas Mayor and Council Communication DATE: 08/10/21 M&C FILE NUMBER: M&C 21-0550 LOG NAME: 20FLOOD RISK MAP UPDATES SUPP APPROP SUBJECT (ALL)Authorize Execution of a Professional Services Agreement with Pape-Dawson Engineers, Inc. in the Amount of$380,665.00 to Update and Improve Flood Risk Mapping Products, Adopt Attached Appropriation Ordinances, and Amend the Fiscal Years 2021-2025 Capital Improvement Program RECOMMENDATION: It is recommended that the City Council: 1. Authorize execution of a professional services agreement with Pape-Dawson Engineers, Inc. in an amount not to exceed$380,665.00 for the Floodplain Management program project(City Project No. P00045)to update and improve flood risk mapping products; 2. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Utility Fund in an amount up to$380,665.00, from available funds, for the purpose of transferring to the Stormwater Capital Projects Fund and reducing net position by the same amount; 3. Adopt the attached appropriation ordinance increasing estimated receipts and appropriations in the Stormwater Capital Projects Fund in the amount of$380,665.00,transferred from available funds in the Stormwater Utility Fund, for the purpose of funding the Floodplain Management program project(City Project No. P00045); and 4. Amend the Fiscal Years 2021-2025 Capital Improvement Program. DISCUSSION: The purpose of this Mayor and Council Communication(M&C) is to authorize execution of a professional services agreement with Pape- Dawson Engineers, Inc. in an amount not to exceed$380,665.00 to update and improve flood risk mapping products utilized by City staff and external customers. These improved products will help City staff more effectively plan flood mitigation projects and mitigate potential adverse drainage impact from private development. Additionally they will provide external users with more accurate information for making property purchase/development decisions and implementing flood protection measures on existing properties. Primary components of the effort include: • Refining flood risk boundaries from existing evaluations • Developing flood risk maps based on more frequent rain events vs. only the 100 year event • Updating topographic data used to assess flood risk • Developing public/stakeholder educational components to explain the benefits of the products to various end users, and to provide instructions and guidance for use In May 2018,the Transportation and Public Works Department(TPW), Stormwater Management Division, published a Request for Qualifications (RFQ)for various engineering consulting services. Based on the results of the RFQ, Pape-Dawson Engineers, Inc.was selected as the most qualified consultant to perform this work effort. The cost of each task order will be based on the actual hours worked at agreed-upon hourly rates. The total cost of all task orders performed will not exceed$380,665.00. Staff considers the proposed hourly rates to be fair and reasonable for the scope of services proposed. Funding for this project was not included in the Fiscal Years 2021-2025 Capital Improvement Program(CIP)due to these flood risk mapping updates will be drawn from surplus reserve funds in the Stormwater Utility Fund and the surplus reserve amount was not finalized until after the CIP was approved. This action in this M&C will amend the Fiscal Years 2021-2025 Capital Improvement Program as approved in connection with Ordinance 24446-09-2020. Business Equity-Pape-Dawson Engineers, Inc. is in compliance with the City"s Business Equity Ordinance by committing to 5%participation on this project. The City"s Business Equity goal on this project is 5%. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are currently available in the Stormwater Utility Fund and upon approval of the above recommendations and adoption of the attached appropriation ordinances, funds will be available in the Stormwater Capital Projects Fund for the Floodplain Management programmable project. Prior to any expenditure being incurred,the Transportation&Public Works Department has the responsibility to validate the availability of funds. Submitted for City Manager's Office W. Dana Burghdoff 8018 Originating Business Unit Head: William Johnson 7801 Additional Information Contact: Clair Davis 5981