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Home My WebLink AboutContract 48505 CITY SECRETARYL CONTRACT NO. STATE OF TEXAS TWDB Contract No. 1600012041 COUNTY OF TRAVIS Flood Protection CITY OF FORT WORTH THIS Contract, (hereinafter "CONTRACT"), between the Texas Water Development Board (hereinafter "TWDB") and the CITY OF FORT WORTH (hereinafter "CONTRACTOR"), is composed of two parts, SECTION I - SPECIFIC CONDITIONS AND EXCEPTIONS TO THE STANDARD AGREEMENT and SECTION 11 - STANDARD AGREEMENT. SECTION I - SPECIFIC CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT ARTICLE I DEFINITIONS For the purposes of this CONTRACT, the following terms or phrases shall have the meaning ascribed therewith: 1. TWDB—The Texas Water Development Board, or its designated representative 2. CONTRACTOR—CITY OF FORT WORTH 3. EXECUTIVE ADMINISTRATOR—The Executive Administrator of the TWDB or a designated representative 4. PARTICIPANT(S)—N/A 5. REQUIRED INTERLOCAL AGREEMENT(S)—N/A OFFICIAL RECORD CITY SECRETARY 6. TWDB APPROVAL DATE—August 25, 2016 FT.WORTH, TX 7. PROJECT—An early warning system and flood response plan for the PLANNING AREA 8. PLANNING AREA—Flood prone watersheds within Extra-Territorial Jurisdiction and City Limits of Fort Worth. The project area is more specifically defined in Exhibit A (the original grant application). 9. DEADLINE FOR CONTRACT EXECUTION—January 25, 2017 10. CONTRACT INITIATION DATE—August 25, 2016 3q Q 11 . INSTALLATION DEADLINE—December 31, 2017 Q N - TWDB Contract No. 1600012041 O Section 1,Page 1 of 2 12. FINAL REPORT-the report(s) or report that combines the Early Warning System Report and the Local Flood Response Plan for the PROJECT 13. PROJECT COMPLETION DATE—December 31, 2017 14. EXPIRATION DATE—August 31, 2019 15. TOTAL COSTS—$632,309.00 16. TWDB SHARE OF THE TOTAL COSTS —the lesser of$247,378.00 or 39.12 percent of the total costs. 17. LOCAL SHARE OF THE TOTAL COSTS—$350,000.00 in cash and $34,931.00 in in-kind contributions or 60.88 percent of the total costs. 18. PAYMENT REQUEST SCHEDULE—Quarterly 19. OTHER SPECIAL CONDITIONS AND EXCEPTIONS TO STANDARD AGREEMENT OF THIS CONTRACT— TWDB Contract No. 1600012041 Section 1,Page 2 of 2 SECTION II - STANDARD AGREEMENT ARTICLE I RECITALS Whereas, the CONTRACTOR applied to the TWDB, Austin, Texas, for a planning grant to develop an early warning system/local flood response plan and/or flood protection plan ; Whereas, the CONTRACTOR and PARTICIPANT will commit cash and/or in-kind services to pay for the LOCAL SHARE OF THE TOTAL COSTS of this planning project; Whereas, the CONTRACTOR is the entity who will act as administrator of the TWDB's planning grant and will be responsible for the execution of this CONTRACT; Whereas, on the TWDB APPROVAL DATE, the Texas Water Development Board approved the CONTRACTOR's application for financial assistance; Now,therefore, the TWDB and the CONTRACTOR, agree as follows: ARTICLE II PROJECT DESCRIPTION AND SERVICES TO BE PERFORMED 1. The TWDB enters into this CONTRACT under the authority provided by House Bill 1, Rider 3, Acts of the 84th Texas Legislature, Trusteed Programs Within the Office of the Governor, and the December 10, 2015 Memorandum of Understanding (MOU) Between the Office of the Governor and the TWDB; EXHIBIT A, ORIGINAL GRANT APPLICATION; EXHIBIT B, SCOPE OF WORK; EXHIBIT C, TASK AND EXPENSE BUDGETS; EXHIBIT D, Guidelines For Authors Submitting Contract Reports To The Texas Water Development Board, and EXHIBIT E, TWDB Guidelines For a Progress Report which are incorporated herein and made a permanent part of this CONTRACT; and this CONTRACT. 2. The CONTRACTOR will conduct the PROJECT for the PLANNING AREA, as delineated and described in EXHIBIT A, according to the Scope of Work contained in EXHIBIT B. 3. The CONTRACTOR shall establish formal, direct, and continuous liaisons with all community leaders, cities, counties, councils of governments, river authorities, and all applicable state agencies, districts, federal agencies, including the appropriate project directors of the U.S. Army Corps of Engineers, and other governmental entities having flood response, mitigation, or protection responsibility within the PROJECT AREA for the purpose of coordinating the scope of work with existing studies, plans, or activities and for the purpose of providing the best information to,support the PROJECT. The CONTRACTOR is responsible for soliciting comments from the general public as to the content and objective of the PROJECT. 4. The CONTRACTOR shall coordinate the PROJECT with existing plans and policies of the entities listed above and all other affected entities. TWDB Contract No. 1600012041 Section 11,Page I of 16 5. The CONTRACTOR shall hold public meetings with the PARTICIPANTS, consultants, local entities, the TWDB, and any interested patties, to describe the PROJECT and to solicit input and comments from the affected public. Public meetings must be conducted in accordance with the Texas Open Meetings Act and held as determined by the CONTRACTOR and TWDB but at a minimum, at the commencement of the study, near the mid-point of the study, and upon completion of the FINAL REPORT. ARTICLE III CONTRACT TERM, SCHEDULE, REPORTS,AND OTHER PRODUCTS 1. The CONTRACTOR has until the DEADLINE FOR CONTRACT EXECUTION to execute this CONTRACT and to provide acceptable evidence of any REQUIRED INTERLOCAL AGREEMENTS and evidence of the CONTRACTOR's ability to provide the LOCAL SHARE OF THE TOTAL COSTS, if applicable, to the EXECUTIVE ADMINISTRATOR for approval or the TWDB's SHARE OF THE TOTAL COSTS will be rescinded. 2. The term of this CONTRACT begins and the CONTRACTOR begins performing its obligations hereunder on the CONTRACT INITIATION DATE and ends on the EXPIRATION DATE. Delivery of an acceptable FINAL REPORT for the PROJECT no later than the EXPIRATION DATE constitutes completion of the terms of this CONTRACT. 3. A progress report, including results to date, must be provided to the EXECUTIVE ADMINISTRATOR according to the PAYMENT REQUEST SCHEDULE throughout the project. Special interim reports on special topics and/or results will be provided as appropriate. Instructions for the progress report are shown in EXHIBIT E, TWDB GUIDELINES FOR A PROGRESS REPORT. 4. The CONTRACTOR will complete the PROJECT consisting of the following: A. EARLY WARNING SYSTEM (1) Installation Standards - The CONTRACTOR shall follow industry standards and best practices to ensure that the early warning systems installation(s) is/are performed properly no later than the INSTALLATION DEADLINE, that maintenance is performed regularly and that the equipment is kept in good working order. (2) Recordkeeping- The CONTRACTOR shall keep and maintain records relating to the necessity for and the use of the equipment to further the purposes of this CONTRACT. The CONTRACTOR shall be liable for any damage to and loss of such equipment if such damage or loss is due to CONTRACTOR negligence or deliberate misuse. (3) Installation Period - The CONTRACTOR shall install the early warning TWDB Contract No. 1600012041 Section 11,Page 2 of 16 systems and data collection gages and make them operational no later than the INSTALLATION DEADLINE proposed in this PROJECT. (4) Data Quality- The CONTRACTOR shall coordinate equipment and data standards or collection protocols to match existing state or national data collection efforts to insure consistency and compatibility with existing flood warning and forecasting efforts across the state. The TWDB can facilitate this effort. (5) Data ReportingPeriod -After the Installation Period, early warning systems must be maintained by the CONTRACTOR for a minimum of a five-year period. Data must be reported to a publicly accessible website or delivered to the TWDB or other coordinated entity for use in providing information on flood conditions. Data collected as part of this PROJECT must be maintained and made available to the TWDB and other public service entities throughout the project period and for as long as the equipment is operational. Annual data reports summarizing the data served by the system are due within 30 days of the following dates: a. August 31, 2018 b. August 31, 2019 C. August 31, 2020 d. August 31, 2021 e. August 31, 2022 (6) Data Accessibility- Data must be reported to a publicly accessible website or delivered to the TWDB for use in providing information on flood conditions. Data collected as part of this PROJECT must be made available to the TWDB and other public service entities throughout the project period and for as long as the equipment is operational. (7) Draft Report- The draft Early Warning System Report must be submitted to the EXECUTIVE ADMINISTRATOR for review and comment no later than the PROJECT COMPLETION DATE. Information in the report should include at a minimum: a. Communities and/or entities involved in formulating the system plan, including dates of contact; b. Public comment; C. Types of equipment installed or proposed equipment; d. Location(s) of equipment placement or proposed equipment; e. Scheduled maintenance of equipment or proposed equipment; and f. Scheduled monitoring of equipment or proposed equipment. (8) Early Termination - If this CONTRACT is terminated for any reason prior to satisfactory performance of CONTRACTOR work or the completion of the PROJECT,then the TWDB may require the return of purchased equipment to the TWDB or may allow the CONTRACTOR to reimburse the TWDB and TWDB Contract No. 1600012041 Section II,Page 3 of 16 maintain ownership of the equipment. Upon delivery of the FINAL REPORT,the CONTRACTOR may maintain ownership of the equipment. B. LOCAL FLOOD RESPONSE PLAN (1) Plan Coordination - The CONTRACTOR shall document all necessary coordination with other communities/entities including dates of contact and submit the list with the Local Flood Response Plan to TWDB. (2) Plan Rehearsal - The Local Flood Response Plan must be rehearsed or simulated to ensure it is viable. Any changes to the PROJECT should be notated in the Local Flood Response Plan to the TWDB. (3) Hazard Mitigation Planning- Local Flood Response Plan must be incorporated into a community's Hazard Mitigation Plan and submitted to the Texas Department of Emergency Management. Local Flood Response Plans must credit the TWDB, and the CONTRACTOR shall notify the TWDB of the status of this task in the FINAL REPORT. (4) Draft Report - The draft Local Flood Response Plan must be submitted to the EXECUTIVE ADMINISTRATOR for review and comment no later than the PROJECT COMPLETION DATE. Information in the report should include at a minimum: a. Communities and/or entities involved in formulating the plan, including dates of contact; b. Public comment; c. Date(s) of rehearsal(s) or simulation(s); d. Dates of future rehearsal(s) or simulation(s) as needed; and e. Date Hazard Mitigation Plan was or will be submitted to Texas Department of Emergency Management. 5. The CONTRACTOR shall complete a DRAFT REPORT according to the guidance given by type of PROJECT as provided in Article III Section 4. DRAFT REPORTS must include an Executive Summary, an Introduction describing the project or research performed; a Methodology section to describe any materials, procedures, or models used; Results to describe any analyses, activities, or data collected, Conclusions of the PROJECT, and Recommendations as appropriate. DRAFT REPORTS must include a Table of Contents, List of Figures, List of Tables, a List of References, and any other pertinent information such as the scope of work or other diagrams, graphics, or tables to explain the procedures and results of the study. The DRAFT REPORT also must include an electronic copy of any computer programs, maps, or models along with any manuals or sample data set(s) developed under the terms of this CONTRACT. The CONTRACTOR shall deliver four(4) double-sided copies and one electronic copy(one in Portable Document Format (PDF) and one in Microsoft Word format) of the DRAFT REPORT to the EXECUTIVE ADMINISTRATOR no later than the PROJECT COMPLETION DATE. All DRAFT REPORTS must be prepared according to TWDB Contract No. 1600012041 Section ll,Page 4 of 16 EXHIBIT D, Guidelines For Authors Submitting Contract Reports To The Texas Water Development Board. After a 45-day review period, the EXECUTIVE ADMINISTRATOR will return review comments to the CONTRACTOR. 6. The CONTRACTOR must consider incorporating comments from the EXECUTIVE ADMINISTRATOR and other commentors on all draft deliverables into the FINAL REPORT. The CONTRACTOR shall include a copy of the EXECUTIVE ADMINISTRATOR's comments in the FINAL REPORT. The CONTRACTOR shall submit one (1) electronic copy of the entire FINAL REPORT in Portable Document Format(PDF) and seven (7) bound double-sided copies of the FINAL REPORT to the EXECUTIVE ADMINISTRATOR no later than the EXPIRATION DATE. The CONTRACTOR shall submit one (1) electronic copy of any computer programs or models and an operations manual developed under the terms of this CONTRACT. In compliance with Texas Administrative Code, Title 1, Part 10, Chapters 206 and 213 (related to Accessibility and Usability of State Web Sites), the digital copy of the FINAL REPORT must comply with the requirements and standards specified in statute. After a 30-day review period,the EXECUTIVE ADMINISTRATOR will either accept or reject the FINAL REPORT. If the FINAL REPORT is rejected, the rejection letter sent to the CONTRACTOR will state the reasons for rejection and the steps the CONTRACTOR needs to take to have the FINAL REPORT accepted and the retainage released. An extension of the CONTRACT will be prepared if necessary to allow time for the CONTRACTOR to resubmit the FINAL REPORT. 7. The EXECUTIVE ADMINISTRATOR can extend the PROJECT COMPLETION DATE and the EXPIRATION DATE upon written approval. The CONTRACTOR shall notify the EXECUTIVE ADMINISTRATOR in writing within ten (10) working days prior to the COMPLETION DATE or thirty(30) days prior to the EXPIRATION DATE that the CONTRACTOR is requesting an extension to the respective dates. ARTICLE IV COMPENSATION, REIMBURSEMENT AND REPAYMENT 1. The TWDB agrees to compensate and reimburse the CONTRACTOR in a total amount not to exceed the TWDB's SHARE OF THE TOTAL COSTS for costs incurred and paid by the CONTRACTOR pursuant to performance of this CONTRACT. The CONTRACTOR will contribute local matching funds, if applicable, in sources and amounts defined as the LOCAL SHARE OF THE TOTAL COSTS. The TWDB will reimburse the CONTRACTOR for ninety percent (90%) of the TWDB's share of each invoice pending the CONTRACTOR's performance, completion of the PROJECT, and written acceptance of said PROJECT by the EXECUTIVE ADMINISTRATOR, at which time the TWDB will pay the retained ten percent(10%)to the CONTRACTOR. 2. The CONTRACTOR shall submit payment requests and documentation for reimbursement billing according to the PAYMENT REQUEST SCHEDULE and in accordance with the approved task and expense budgets contained in EXHIBIT C of this CONTRACT. The CONTRACTOR has budget flexibility within task and expense budget categories to the extent that the resulting change in amount in any one task or TWDB Contract No. 1600012041 Section II,Page 5 of 16 expense category does not exceed 35% of the total amount for the task or category as authorized by this CONTRACT. Larger deviations shall require approval by the EXECUTIVE ADMINISTRATOR or designee which will be documented through an Approved Budget Memorandum to the TWDB contract file. The CONTRACTOR will be required to provide written explanation for the overage and reallocation of the task and expense amounts. For all reimbursement requests, including any subcontractor's expenses, the EXECUTIVE ADMINISTRATOR must have determined that the REQUIRED INTERLOCAL AGREEMENT(S) and contracts or agreements between the CONTRACTOR and the subcontractors are consistent with the terms of this CONTRACT. The CONTRACTOR is fully responsible for paying all charges by subcontractors prior to reimbursement by the TWDB. 3. The CONTRACTOR and its subcontractors shall maintain satisfactory financial accounting documents and records, including copies of invoices and receipts, and shall make them available for examination and audit by the EXECUTIVE ADMINISTRATOR. Accounting by the CONTRACTOR and its subcontractors shall be in a manner consistent with Generally Accepted Accounting Principles (GAAP). By executing this CONTRACT, the CONTRACTOR accepts the authority of the State Auditor's Office, under direction of the legislative audit committee, to conduct audits and investigations in connection with any and all state funds received pursuant to this CONTRACT. The CONTRACTOR shall comply with and cooperate in any such investigation or audit. The CONTRACTOR agrees to provide the State Auditor with access to any information the State Auditor considers relevant to the investigation or audit. The CONTRACTOR also agrees to include a provision in any subcontracts related to this contract that requires the subcontractors to submit to audits and investigation by the State Auditor's Office in connection with any and all state funds received pursuant to the subcontracts. The CONTRACTOR shall submit a signed and completed payment request using the current spreadsheet located at: www.tNvdb.texas.,-ov/about/contract admin/index.asp along with a progress report as described in Section 11, Article 111, Paragraph 3. To obtain reimbursement for the TWDB'S SHARE OF THE TOTAL COSTS, CONTRACTOR shall also submit the following documentation of TOTAL COSTS for the reporting period to the EXECUTIVE ADMINISTRATOR, even if the TOTAL COSTS for the reporting period are zero: A. A completed "Current Reimbursement Worksheet" Payment Request Checklist tab, or an invoice which includes the following information: (1) TWDB Contract Number; (2) Billing period; beginning (date)to ending(date); (3) Total Expenses for this period; (4) Total In-kind services, if applicable; (5) Less Local Share of the total COSTS for the billing period, if applicable; TWDB Contract No. 1600012041 Section II, Page 6 of 16 (6) Total TWDB's share of the total COSTS for the billing period; (7) Total costs to be reimbursed by the TWDB for the billing period; and (8) Certification, signed by the CONTRACTOR authorized representative, that the expenses submitted for the billing period are a true and correct representation of amounts paid for work performed directly related to this CONTRACT. B. Using the "Current Reimbursement" Worksheet, post all expenses for the period on the Invoice Ledger tab and Task Ledger tab for direct expenses incurred by the CONTRACTOR. (1) Salaries and Wages, Fringe, Overhead, and Profit. (2) Other Expenses: Copies of detailed, itemized invoices/receipts for other expenses (credit card summary receipts or statements are not acceptable). (3) Travel Expenses: Names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however,to travel expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2015, Article IX, Part 5, as amended or superceded. Receipts required for lodging; as well as copies of invoices or tickets for transportation costs or, if not available, names, dates, and points of travel of individuals. C. Using the "Current Reimbursement" Worksheet, post all expenses for the period on the Invoice Ledger tab and Task Ledger tab for direct expenses incurred by all subcontractors. (1) Salaries and Wages, Fringe, Overhead, and Profit. (2) Other Expenses: Copies of detailed, itemized invoices/receipts for other expenses (credit card summary receipts or statements are not acceptable). (3) Travel Expenses: Names, dates, work locations, time periods at work locations, itemization of subsistence expenses of each employee, limited, however,to travel expenses authorized for state employees by the General Appropriations Act, Tex. Leg. Regular Session, 2015, Article IX, Part 5, as amended or superceded. Receipts required for lodging; as well as copies of invoices or tickets for transportation costs or, if not available, names, dates, and points of travel of individuals. 4. Reimbursement Requests that lack required documentation will be denied or partially paid if deficiencies are not resolved within ten (10) business days. Denied Reimbursement Requests or eligible expenses that were short paid must be resubmitted by the CONTRACTOR with the required documentation to be reconsidered for reimbursement. If for some reason the reimbursement request cannot be processed due to the need for an amendment to the CONTRACT, the CONTRACTOR will be required to resubmit the Payment Request Checklist dated after the execution of the amendment. 5. The CONTRACTOR is responsible for any food or entertainment expenses incurred by its own organization or that of its subcontractors, outside that of eligible travel expenses authorized and approved by the State of Texas under this CONTRACT. TWDB Contract No. 1600012041 Section II,Page 7 of 16 6. The CONTRACTOR is responsible for submitting any final payment request and documentation for reimbursement, along with a request to release any retained funds, no later than 60 days following the EXPIRATION DATE. Failure to submit a timely final payment request may result in the release of the retained funds to the CONTRACTOR and a lapse and closure of any other remaining funding under this CONTRACT. ARTICLE V INTELLECTUAL PROPERTY: OWNERSHIP, PUBLICATION, AND ACKNOWLEGEMENT I. For purposes of this Article, "CONTRACTOR Works" are work products developed by the CONTRACTOR and subcontractors using funds provided under this CONTRACT or otherwise rendered in or related to the performance in whole or part of this CONTRACT, including but not limited to reports, drafts of reports, or other material, data, drawings, studies, analyses, notes, plans, computer programs and codes, or other work products, whether final or intermediate. A. It is agreed that all CONTRACTOR Works are-the joint property of the TWDB and the CONTRACTOR. B. The parties hereby agree that, if recognized as such by applicable law, the CONTRACTOR Works are intended to and shall be works-made-for-hire with joint ownership between the TWDB and the CONTRACTOR as such works are created in whole or part. C. If the CONTRACTOR Works do not qualify as works-made-for-hire under applicable law, the CONTRACTOR hereby conveys co-ownership of such works to the TWDB as they are created in whole or part. If present conveyance is ineffective under applicable law, the CONTRACTOR agree to convey a co- ownership interest of the CONTRACTOR Works to the TWDB after creation in whole or part of such works, and to provide written documentation of such conveyance upon request by the TWDB. 2. The TWDB and the CONTRACTOR acknowledge that the copyright in and to copyrightable CONTRACTOR Works subsists upon creation of the CONTRACTOR Works and its fixing in any tangible medium. The CONTRACTOR or the TWDB may register the copyrights to such Works jointly in the names of the CONTRACTOR and the TWDB. 3. The TWDB and the CONTRACTOR each have full and unrestricted rights to use CONTRACTOR Works with No Compensation Obligation. TWDB Contract No. 1600012041 Section I1,Page 8 of 16 4. For purposes of this Article, "Subcontractor Works" include all work product developed in whole or part by or on behalf of subcontractors engaged by the CONTRACTOR to perform work for or on behalf of any CONTRACTOR under this CONTRACT (or by the subcontractor's subcontractors hereunder, and so on). The CONTRACTOR shall secure in writing from any subcontractor so engaged: A. Unlimited, unrestricted, perpetual, irrevocable, royalty-free rights of the TWDB and, if desired, of the CONTRACTOR to access and receive, and to use, any and all technical or other data or information developed in or resulting from the performance of services under such engagement, with No Compensation Obligation; and either B. Assignment by the subcontractors to the TWDB and, if desired by them,jointly to the CONTRACTOR of ownership (or joint ownership with the subcontractors) of all Subcontractor Works, with No Compensation Obligation; or C. Subcontractors must grant a non-exclusive, unrestricted, unlimited, perpetual, irrevocable,world-wide, royalty-free license to the TWDB and, if desired by them, the CONTRACTOR may use any and all Subcontractor Works, including the right to sublicense use to third parties, with No Compensation Obligation. 5. "Use" of a work product, whether CONTRACTOR Works, Subcontractor Works or otherwise, means and includes., without limitation hereby, any lawful use, copying or dissemination of the work product, or any lawful development, use, copying or dissemination of derivative works of the work product, in any media or forms, whether now known or later existing. 6. "No Compensation Obligation" means there is no obligation on the part of one co-owner or licensee of a work, whether CONTRACTOR Works, Subcontractor Works or otherwise, to compensate other co-owners, licensees or licensors of the work for any use of the work by the using co-owner or licensee, including but not limited to compensation for or in the form of. royalties; co-owner or licensee accounting; sharing of revenues or profits among co-owners, licensees or licensors; or any other form of compensation to the other co-owners, licensees or licensors on account of any use of the work. 7. "Dissemination" includes, without limitation hereby, any and all manner of: physical distribution; publication; broadcast; electronic transmission; internet streaming; posting on the Internet or World Wide Web; or any other form of communication, transmission, distribution, sending or providing, in any forms or formats, and in or using any media, whether now known or later existing. 8. The TWDB has an unlimited, unrestricted, perpetual, irrevocable, non-exclusive royalty- free right to access and receive in usable form and format, and to use all technical or other data or information developed by the CONTRACTOR and subcontractors in, or otherwise resulting from, the performance of services under this CONTRACT. 9. No unauthorized patents. The CONTRACTOR Works and Subcontractor Works or other work product developed or created in the performance of this CONTRACT or otherwise TWDB Contract No. 1600012041 Section 1I,Page 9 of 16 using funds provided hereunder must not be patented by the CONTRACTOR or subcontractors unless the Executive Administrator consents in writing to submission of an application for patent on such works; and provided that, unless otherwise agreed in writing: A. Any application made for patent must include and name the TWDB and, as applicable and desired by them,the CONTRACTOR as co-owners of the patented work; B. No patent granted will in any way limit, or be used by the CONTRACTOR or subcontractors to limit or bar the TWDB's rights hereunder to access and receive in useable form and format, and right to use, any and all technical or other data or information developed in or resulting from performance pursuant to this CONTRACT or the use of funds provided hereunder; and C. The TWDB and, if applicable,the CONTRACTOR shall have no compensation obligation to any other co-owners or licensees of any such patented work, unless otherwise expressly agreed in writing. 10. The CONTRACTOR shall include terms and conditions in all contracts or other engagement agreements with any subcontractors as are necessary to secure these rights and protections for the TWDB; and shall require that their subcontractors include similar such terms and conditions in any contracts or other engagements with their subcontractors. For the purposes of this section, "subcontractors" includes independent contractors (including consultants) and employees working outside the course and scope of employment. 11. Any work products subject to a TWDB copyright or joint copyright and produced or developed by the CONTRACTOR or their subcontractors pursuant to this CONTRACT or using any funding provided by the TWDB may be reproduced in any media, forms or formats by the TWDB or the CONTRACTOR at their own cost, and be disseminated in any medium, format or form by any party at its sole cost and in its sole discretion. The CONTRACTOR may utilize such work products as they may deem appropriate, including dissemination of such work products or parts thereof under their own name, provided that any TWDB copyright is noted on the materials. 12. The CONTRACTOR agrees to acknowledge the TWDB in any news releases or other publications relating to the work performed under this CONTRACT. ARTICLE VI AMENDMENT, TERMINATION, AND STOP ORDERS 1. This CONTRACT may be altered or amended by mutual written consent or terminated by the EXECUTIVE ADMINISTRATOR at any time by written notice to the CONTRACTOR. Upon receipt of such termination notice, the CONTRACTOR 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 CONTRACTOR shall submit a statement showing in detail the work performed under this CONTRACT to TWDB Contract No. 1600012041 Section 1I,Page 10 of 16 the date of termination. The TWDB shall then pay the CONTRACTOR promptly that proportion of the prescribed fee, which applies to the work, actually performed under this CONTRACT, less all payments that have been previously made. Thereupon, copies of all work accomplished under this CONTRACT shall be delivered to the TWDB. 2. The EXECUTIVE ADMINISTRATOR may issue a Stop Work Order to the CONTRACTOR at any time. Upon receipt of such order, the CONTRACTOR shall discontinue all work under this CONTRACT and cancel all orders pursuant to this CONTRACT, unless the order directs otherwise. If the EXECUTIVE ADMINISTRATOR does not issue a Restart Order within 60 days after receipt by the CONTRACTOR of the Stop Work Order, the CONTRACTOR shall regard this- CONTRACT terminated in accordance with the foregoing provisions. ARTICLE VII SUBCONTRACTS Each subcontract entered into to perform required work under this CONTRACT must contain the following provisions: 1. A clause that states that the parties shall not construe this SUBCONTRACT and Agreement as creating any debt by or on behalf of the State of Texas and the TWDB, and all obligations of the State of Texas are subject to the availability of funds. To the extent the performance of this SUBCONTRACT transcends the biennium in which this SUBCONTRACT is entered into, this SUBCONTRACT is specifically contingent upon the continued authority of the TWDB and appropriations therefore. 2. A detailed budget estimate with specific cost details for each task or specific item of work to be performed by the subcontractor and for each category of reimbursable expenses; 3. A clause stating that the subcontract is subject to audit by the Texas State Auditor's Office and requiring the subcontractor to cooperate with any request for information from the Texas State Auditor, as further described in Article X, Section 1, Paragraph D hereof, 4. A clause stating that payments under the subcontract are contingent upon the appropriation of funds by the Texas Legislature, as further described in Article X, Section 1, Paragraph A hereof; 5. A clause stating that data, materials and work papers, in any media, that are gathered, compiled, adapted for use or generated by the subcontractor or the CONTRACTOR become data, materials and work owned by the TWDB and that subcontractor has no proprietary rights in such data, materials and work papers, except as further described in Article V hereof; TWDB Contract No. 1600012041 Section II,Page 1 I of 16 6. A clause stating that subcontractor shall keep timely and accurate books and records of accounts according to generally acceptable accounting principles as further described in Article X, Section 2, Paragraph G; 7. A clause stating that subcontractor is solely responsible for securing all required licenses and permits from local, state and federal governmental entities and that subcontractor is solely responsible for obtaining sufficient insurance in accordance with the general standards and practices of the industry or governmental entity; and 8. A clause stating that subcontractor is an independent contractor and that the TWDB shall have no liability resulting from any failure of subcontractor that results in breach of CONTRACT, property damage, personal injury or death. ARTICLE VIII LICENSES, PERMIT, AND INSURANCE 1. For the purpose of this CONTRACT, the CONTRACTOR will be considered an independent contractor and therefore solely responsible for liability resulting from negligent acts or omissions. The CONTRACTOR shall obtain all necessary insurance, in the judgment of the CONTRACTOR,to protect themselves, the TWDB, and employees and officials of the TWDB from liability arising out of this CONTRACT. 2. The CONTRACTOR shall be solely and entirely responsible for procuring all appropriate licenses and permits,which may be required by any competent authority for the CONTRACTOR to perform the subject work. 3. Indemnification. The CONTRACTOR shall indemnify and hold the TWDB and the State of Texas harmless, to the extent the CONTRACTOR may do so in accordance with state law, from any and all losses, damages, liability, or claims therefore, on account of personal injury, death, or property damage of any nature whatsoever caused by the CONTRACTOR, arising out of the activities and work conducted pursuant to this CONTRACT. The CONTRACTOR is solely responsible for liability arising out of its negligent acts or omissions during the performance of this CONTRACT. This agreement does not create any third party cause of action and the CONTRACTOR does not waive any immunity available under state law. ARTICLE IX SEVERABILITY Should any one or more provisions of this CONTRACT be held to be null, void, voidable, or for any reason whatsoever, of no force and effect, such provision(s) 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. TWDB Contract No. 1600012041 Section 11,Page 12 of 16 ARTICLE X GENERAL TERMS AND CONDITIONS 1. GENERAL TERMS A. No Debt Against the State. This CONTRACT does not create any debt by or on behalf of the State of Texas and the TWDB. The TWDB's obligations under this CONTRACT are contingent upon the availability of appropriated funds and the continued legal authority of the TWDB to enter into this CONTRACT. B. Independent Contractor. Both parties hereto, in the performance of this CONTRACT, shall act in an individual capacity and not as agents, employees, partners,joint ventures or associates of one another. The employees or agents of one party shall not be deemed or construed to be the employees or agents of the other party for any purposes whatsoever. C. Procurement Laws. The CONTRACTOR shall comply with applicable State of Texas procurement laws, rules and policies, including but not limited to competitive bidding and the Professional Services Procurement Act, Government Code, Chapter 2254, relating to contracting with persons whose services are within the scope of practice of. accountants, architects, landscape architects, land surveyors, medical doctors, optometrists, professional engineers, real estate appraisers, professional nurses, and certified public accountants. D. Right to Audit. The CONTRACTOR and its subcontractors shall maintain all financial accounting documents and records, including copies of all invoices and receipts for expenditures, relating to the work under this CONTRACT. The CONTRACTOR shall make such documents and records available for examination and audit by the Executive Administrator or any other authorized entity of the State of Texas. The CONTRACTOR's financial accounting documents and records shall be kept and maintained in accordance with generally accepted accounting principles. By executing this CONTRACT, the CONTRACTOR accepts the authority of the Texas State Auditor's Office to conduct audits and investigations in connection with all state funds received pursuant to this CONTRACT. The CONTRACTOR shall comply with directives from the Texas State Auditor and shall cooperate in any such investigation or audit. The CONTRACTOR agrees to provide the Texas State Auditor with access to any information the Texas State Auditor considers relevant to the investigation or audit. The CONTRACTOR also agrees to include a provision in any subcontract related to this CONTRACT that requires the subcontractor to submit to audits and investigation by the State Auditor's Office in connection with all state funds received pursuant to the subcontract. E. Force Maieure. Unless otherwise provided, neither the CONTRACTOR nor the TWDB nor any agency of the State of Texas, shall be liable to the other for any delay in, or failure of performance, of a requirement contained in this CONTRACT caused by force majeure. The existence of such causes of delay or TWDB Contract No. 1600012041 Section II;Page 13 of 16 failure shall extend the period of performance until after the causes of delay or failure have been removed provided the non-performing party exercises all reasonable due diligence to perform. Force majeure is defined as acts of God, war, strike, fires, explosions, or other causes that are beyond the reasonable control of either party and that by exercise of due foresight such party could not reasonably have been expected to avoid, and which, by the exercise of all reasonable due diligence, such party is unable to overcome. Each party must inform the other in writing with proof of receipt within five (5) business days of the existence of such force majeure or otherwise waive this right as a defense. 2. STANDARDS OF PERFORMANCE A. Personnel. The CONTRACTOR shall assign only qualified personnel to perform the services required under this CONTRACT. The CONTRACTOR shall be responsible for ensuring that any subcontractor utilized shall also assign only qualified personnel. Qualified personnel are persons who are properly licensed to perform the work and who have sufficient knowledge, skills and ability to perform the tasks and services required herein according to the standards of performance and care for their trade or profession. B. Professional Standards. The CONTRACTOR shall provide the services and deliverables in accordance with applicable professional standards. The CONTRACTOR represents and warrants that he is authorized to acquire subcontractors with the requisite qualifications, experience, personnel and other resources to perform in the manner required by this CONTRACT. C. Antitrust. The CONTRACTOR represents and warrants that neither the CONTRACTOR nor any firm, corporation, partnership, or institution represented by the CONTRACTOR, or anyone acting for such firm, corporation, partnership, or institution has (1)violated the antitrust laws of the State of Texas under the Texas Business & Commerce Code, Chapter 15, of the federal antitrust laws; or (2) communicated directly or indirectly the proposal resulting in this CONTRACT to any competitor or other person engaged in such line of business during the procurement process for this CONTRACT. D. Conflict of Interest. The CONTRACTOR represents and warrants that CONTRACTOR has no actual or potential conflicts of interest in providing the deliverables required by this CONTRACT to the State of Texas and the TWDB. The CONTRACTOR represents that the provision of services under this CONTRACT will not create an appearance of impropriety. The CONTRACTOR also represents and warrants that, during the term of this CONTRACT, the CONTRACTOR will immediately notify the TWDB, in writing, of any potential conflict of interest that could adversely affect the TWDB by creating the appearance of a conflict of interest. TWDB Contract No. 1600012041 Section II,Page 14 of 16 The CONTRACTOR represents and warrants that neither the CONTRACTOR nor any person or entity that will participate financially in this CONTRACT has received compensation from the TWDB or any agency of the State of Texas for participation in the preparation of specifications for this CONTRACT. The CONTRACTOR represents and warrants that he has not given, offered to give, and does not intend to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to any public servant in connection with this CONTRACT. E. Proprietary and Confidential Information. The CONTRACTOR warrants and represents that any information that is proprietary or confidential, and is received by the CONTRACTOR from the TWDB or any governmental entity, shall not be disclosed to third parties without the written consent of the TWDB or applicable governmental entity, whose consent shall not be unreasonably withheld. F. Public Information Act. The CONTRACTOR acknowledges and agrees that all documents, in any media, generated in the performance of work conducted under this CONTRACT are subject to public disclosure under the Public Information Act, Government Code, Chapter 552. The CONTRACTOR shall produce all documents upon request of the TWDB within two (2) business days when the documents are required to comply with a request for information under the Public Information Act. G. Accurate and Timely Record Keeping. The CONTRACTOR warrants and represents that CONTRACTOR will keep timely, accurate and honest books and records relating to the work performed and the payments received under this CONTRACT according to generally accepted accounting standards. Further, the CONTRACTOR agrees that the CONTRACTOR will create such books and records at or about the time the transaction reflected in the books and records occurs. H. Dispute Resolution. The CONTRACTOR and the TWDB agree to make a good faith effort to resolve any dispute relating to the work required under this CONTRACT through negotiation and mediation as provided by Texas Government Code, Chapter 2260 relating to resolution of certain contract claims against the state. The CONTRACTOR and the TWDB further agree that they shall attempt to use any method of alternative dispute resolution mutually agreed upon to resolve any dispute arising under this CONTRACT if this CONTRACT is not subject to Chapter 2260. I. Contract Administration. The TWDB shall designate a project manager for this CONTRACT. The project manager will serve as the point of contact between the TWDB and the CONTRACTOR. The TWDB's project manager shall supervise the TWDB's review of the CONTRACTOR's technical work, deliverables, draft reports, the FINAL REPORT, payment requests, schedules, financial and budget administration, and similar matters. The project manager does not have any TWDB Contract No. 1600012041 Section 1I,Page 15 of 16 express or implied authority to vary the terms of the CONTRACT, amend the CONTRACT in any way or waive strict performance of the terms or conditions of the CONTRACT. ARTICLE XI CORRESPONDENCE All correspondence between the parties shall be made to the following addresses: For the TWDB: For the CONTRACTOR: Contract Issues: Contract Issues: Texas Water Development Board Ranjan S. Muttiah, P.E. Attention: Contract Administration City of Fort Worth—Storm Water Management Div. P.O. Box 13231 1000 Throckmorton Street Austin,Texas 78711-3231 Fort Worth, Texas 76102 Email: contracts(c7r tAdb.texas.gov Email: ranjan.muttiahtd?fortworthtexas.ggov Payment Request Submission: Payment Request Submission: Texas Water Development Board Sadie J. Ishmael Attention: Accounts Payable Storm Management Division P.O. Box 13231 City of Fort Worth Austin, Texas 78711-3231 1000 Throckmorton Street Email: invoice(c.twdb.texas.gov Fort Worth, Texas 76102 Email: sadie.isllmaelLgUortworthtexas.gov Physical Address: Stephen F. Austin State Office Building Physical Address: 1700 N. Congress Avenue City Hall OFFICIAL RECORD Austin, Texas 78701 1000 Throckmorton Street CITY SECRETARY Fort Worth, Texas 76102 FT.WORTH,TX IN WITNESS WHEREOF the parties have caused this CONTRACT to be dulvLecuted in multiple originals. T S WATER DEVELOPMENT BOARD CITY F FORT WORTH eff a e Jesu J. Chapa Exe t v dministrator Assistant City Manager Date: �O `( � Date: 27i �p ap ° p Q � APPROVEDA TO FORM AND LEGALITY � $ DBt t No. 1600012041 AaesW by: � ��°�o bS Page 16 of 16 CITY ATTORNEY Matyayse , City Secre EXHIBIT A ORIGINAL GRANT APPLICATION TWDB Contract No.1600012041 Exhibit A,Page I of 17 FORTWORTH June 14, 2016 Dear Mr. Mace: We are pleased that the Texas Water Development Board (Board) is initiating the much needed funding of$21VI worth of grants for flood warning and flood protection planning in the State. The City of Fort Worth is no stranger to flash flooding and has lost 17 residents since 1986. I'm submitting the included grant application, in furtherance of our efforts to strengthen the existing flood warning system to keep our residents safe from flooding. The City is requesting funding for$247,378,00 and will match with $384,931.00, a 60%City match. The personnel leading this effort have extensive experience and are highly capable of accomplishing the specified tasks in the grant application. The Mayor and Council (M&C) governing body of the City of Fort Worth authorized this application as shown in the attached M&C Ordinance No. 22243-2016. We look forward to working with the Board to accomplish the goals of this grant application. Sincerely, GrSi , P.E. As ist t Director,TPW/Stormwater TRANSPORTATION AND PUBLIC WORKS DEPARTMENT STORM NATER MANAGEMENT THE CITY OF FORT WORTH * 1000 THROCKMORTON STREET * FORT WORTH,TEXAS 76102 817-�%-'3� * Fj�,by-�92-2433 on ract 0 2 41 �M Printed on recycled paper Exhibit A,Page 2 of(7 I. GENERAL INFORMATION 1. Legal name of applicant: City of Fort Worth 2. Participating political subdivisions: City of Fort Worth 3. Official representative: Greg Simmons, Assistant Director, Storm Water Management Division, Transportation and Public Works Department, 1000 Throckmorton Street, Fort Worth, TX 76102 Phone: 817-392-7852; Fax: 817-392-2433; Email: Gregory.Simmons@fortworthtexas.gov 4. Total project cost: $632,309.00 5. Total grant funds requested from the TWDB: $247,378.00 6. Applicant cash contribution to the study: $ 350,000.00 7. Source of cash contribution: Stormwater Utility Fund 8. Applicant in-kind services contribution: $ 34,931.00 1 TWDB Contract 1600012041 Exhibit A,Page 3 of 17 II. PLANNING/PROJECT INFORMATION 9. Watersheds for Flood Protection Needs: This project proposal is applicable to flood prone watersheds within Extra-Territorial Jurisdiction (ETJ) and City Limits of Fort Worth. 10. Project Area for Economically Disadvantaged: The project proposal is not targeted for areas with economically disadvantaged. 11. The purpose of the project: There are two purposes: (a) enhance an early warning system, and (b) develop a flood response plan. 12. Severity of the existing or potential flood hazard: The City of Fort Worth is primarily vulnerable to flooding from rapidly occurring flash flood events that affect its neighborhoods. Development from increased impervious cover has decreased lag times from watersheds and contributed to increased peak flows along small streams and areas with undersized storm drains. The inner city areas, particularly older neighborhoods built in 1920s and 1930s within Loop 820, are especially vulnerable due to severely undersized drainage systems. Periodic flash floods over the past 15 years have flooded many hundreds of homes, businesses and churches, many on multiple occasions. Additionally, there have been 17 fatalities since 1986 within the City of Fort Worth from vehicles entering high water over roadways along small streams. The City undertook a Roadway Flood Hazard Assessment to review over 700 locations, of which 285 were identified for detailed inspection and hazard scoring. The City now has a High-Water Warning System (HWWS) at the 51 most hazardous crossings, set to trigger flashers when the water is rapidly rising or about to overtop a roadway. Notification is sent to the base station, triggering email alerts to emergency responders. Although several of the most dangerous road crossings have been re-constructed to higher safety standards in the past ten years, future funding is lagging for additional crossing projects. Given current funding outlook for limited capital construction, flood warning will become an even more important tool in flood safety. 13. Scope of Work(6 page limit): Attached at end of application. 14. How will the Project Reduce Loss of Life? Due to Fort Worth's geography, most streams and drainage sheds are relatively small and travel only a short distance before reaching either the Clear Fork or West Fork Trinity River. Prior studies have determined that stream gauging cannot give adequate advance warning when flash flooding is occurring. Further, rainfall from thunderstorms is quite variable based on where individual cells pop up and how long they linger in a 2 TWDB Contract 1600012041 Exhibit A,Page 4 of 17 16. Schedule Assumed contract date 10/1/2016 Milestone dates 10/15/2016 10/31/2016 11/30/2016 1/31/2016 2/28/2017 3/15/2017 3/31/2017 5/31/2017 7/31/2017 8/1/2017 8/31/2017 Project Kick-off First Public Meeting Task 1:Flood sensing for reliability Task 1.1:Id.Critical water level gaging sites Task 1.2:Id.Critical rain gaging sites Task 1.3:Install water level&rain gages Task 2:Flood Warning Software(City cash cost-share) Task 2.1:Develop requirements and advertise Task 2.2:Purchase software&contract with vendor Task 2.3:Install and train City staff 1! Second Public Meeting Task 3:Flood Response Planning/EAP Task 3.1:Conceptual(early draft)EAP plan Task 3.2:Storm intensities by storm sewer-sheds Task 3.3:Develop EAP&coordinate Third Public Meeting Task 3.4:Draft&Final report to TWDB 17. Budget by Task: TASK DESCRIPTION AMOUNT 1 Water level and Rain Sensing for Reliability and Resilience $287,496.00 2 Advanced Flood Warning Software $273,904.00 3 Flood Response Plan $70,909.00 TOTAL $632,309.00 18. Expense Budget by Category CATEGORY AMOUNT Salaries & Wages (City match)* $24,948.00 Fringe (City match), 32% $7,983.00 Travel (City match) $2,000.00 Consulting Services contract (City match) $100,000.00 Flood Warning Software (City cash match) $250,000.00 Water level and rain gaging (TWDB funds) $247,378.00 Overhead NA Profit N/A TOTAL $632,309.00 *Salaries and wages are based on mid-point of City's salary schedule for FY2016. 19. Qualifications and Direct Experience of Project Staff: Ranjan S. Muttiah, Ph.D., P.E., CFM, Senior Professional Engineer, will serve as the City's project manager for this project. Supporting City staff includes Cannon Henry, P.E., CFM, Senior Professional Engineer over Field Engineering (including maintenance of existing HWW system); Steven Eubanks, P.E., CFM, Chief Stormwater Engineer; Chris Johnson, P.E., CFM, Engineering Manager, and Elizabeth Young, GISP, GIS/IT Manager. City will fund consultant to provide dedicated professional services through entirety of this project. 4 TWDB Contract 1600012041 Exhibit A,Page 6 of 17 certain area, so that it is impossible to predict which neighborhoods are most prone to localized flooding in any individual rainfall event. By comprehensive rainfall capture from an extensive rain gage network and developing proper calibration and triggers, emergency responders can be notified to prepare and respond with better lead times. This in turn allows for barricades to be installed and emergency vehicles to be mobilized in the most flood affected neighborhoods in advance of the events. Improved lead-times from forecasts are being made through technological advances in atmospheric modeling and remote sensing/radar detection. The City of Fort Worth participates in the Collaborative Adaptive Sensing of Atmosphere (CASA) radar network, and also collaborates with the National Weather Service(NWS) to enhance forecasting capabilities. Real-time rainfall information, plus flood depth information from the City's existing High-Water Warning (HWWS) sites is being shared with the City's partner agencies (TRWD, USACE, School Districts) in order to further enhance their warnings and flood response. On-going collaborative flood warning efforts with other cities in the metroplex will be enhanced through data sharing efforts. Rainfall data as well as flood depth at HWW sites can be used to improve rainfall estimates from radar(CASA and NWS-NEXRAD) measurements, as well as the City's own triggers. These can also be used to enhance the City's Flood Response/Emergency Action Plan (EAP) to ensure better coordination among City and external agency personnel, and to assist with long-term flood control planning. All of these efforts together will contribute to reduced loss of life both in an immediate flood event and in mitigation planning. Rainfall and flood depth information along with rainfall forecasts (from external partners) will be made available for the general public through social media alerts and on a dedicated webserver. The public can directly act on this information by seeking higher ground, avoiding hazardous crossings, and emergency responders can determine evacuations in the extreme cases. It's also anticipated that third party app developers will use the data to develop targeted applications such as alternate traffic routing in mapping apps for cell phones. The CASA team is deploying additional gages and is using "citizen science" for residents to report flooding on cell phone apps, and applied for a National Science Foundation grant for traffic re-routing app development which will be tested in the DFW metroplex. 15. How will the Project Reduce Loss of Property? The faster response time for emergency personnel (especially when combined with Reverse 911 notification) will allow citizens to move vehicles, personal property out of harm's way and install sandbags around property, as opposed to the current situation when citizens discover flooding as it is already occurring on their property. Reliability of high water detection and triggering of alerts, including activating sirens when needed, and flashers is critical to positive perception of the functionality of the system. 3 TWDB Contract 1600012041 Exhibit A,Page 5 or 17 Dr. Muttiah has nearly 25 years of experience as manager, leader, and team-member in national,Texas, and urban water resources projects: among them, team member of Soil & Water Asessment Tool (SWAT) watershed hydrology model at Texas A&M/USDA-ARS, USDA-NRCS national hydrologic modeling for RCRA act/Farm Bill/CRP program, 10/12- digit sub-watersheds for Texas, Edwards recharge improvement through brush management, irrigation efficiency improvement in the High Plains and Lower Rio Grande Valley, and flood studies and flood control projects. Since joining City of Fort Worth's SWM/TPW Department in 2011, he was project manager of City's watershed H&H flood studies (FEMA LOMR revisions) for nearly 40 different studies and consultant contracts, and is the water quality technical lead. He held research and teaching appointments at Texas A&M University,TCU, and UT-Arlington. Dr. Muttiah has published in peer reviewed journals with 4,700 citations from 51 publications (researchgate.net statistics) and has presented his work at many professional society and water conferences. In his current capacity, he will be leading City of Fort Worth's effort to improve the reliability of the HWWS sensing and flood warning system. Mr. Henry has worked in the City of Fort Worth's Stormwater Management Engineering Division since its existence in 2006. He currently serves as the City's lead storm water Senior Professional Engineer over maintenance programs for storm water infrastructure. In his role, he manages and oversees small capital project design and construction activities, supports and oversees storm water related drainage complaints and investigations, manages the City's low-water crossing alert system, and provides general engineering support for the City's Stormwater Operation and Maintenance Division. Mr. Henry, has recently acted as Project Engineer for the expansion of the City's low-water crossing alert system, which currently includes over 730 various alert sensors that provide real-time weather information to staff and other entities within and surrounding the Fort Worth area. On this project Mr. Henry will be responsible for the maintenance of equipment. Mr. Eubanks has worked in the City's Stormwater program since 1999. He has overseen new development review, capital project management, flooding and drainage complaint investigations, and engineering assistance for maintenance projects. He assisted in the development of the City's Stormwater Utility and the 2006 Fort Worth Storm Water Management Design Manual and most recently oversaw development of the City's Stormwater Master Plan. Mr. Eubanks currently serves as Co-chairman of the Texas Floodplain Management Association's Stormwater Committee and was named Engineer of the Year by TSPE Fort Worth Chapter in 2016. On this project, Mr. Eubanks will actively participate in selecting new gaging sites, provide historical understanding of flooding, assess flooding at crossings, and determine rainfall triggers by flood prone drainage-sheds. Chris Johnson, P.E., CFM, is the City's Stormwater Utility Engineering Manager, responsible for planning, capital project development, and oversight of the City's High Water Warning System. Mr. Johnson has 32 years of flood hazard reduction experience, including storm water master planning, hydrologic and hydraulic modeling, flood hazard 5 TWDB Contract 1600012041 Exhibit A,Page 7 of 17 mapping, dam safety, and emergency action plan preparation. Mr.Johnson's role will be to provide management oversight, allocate resources, and serve as a technical advisor to the project team. Elizabeth Young, Elizabeth Young, GISP has been part of the City's Storm Water Management Division since 2009 and brings 22 years of GIS experience and 10 years of IT Management to the team, Mrs.Young was brought on board to direct the GIS Inventory and Assessment Project which mapped and assessed the condition of over 300,000 assets. As IT Manger, she oversees technology initiatives including the implementation of a work order/asset management system and a new High Water Warning System. She also has oversight for Storm Water commercial billing. Mrs. Young currently sits on the Accela Advisory Council and has recently completed her Lean Six Sigma Certification. Mrs. Young will actively participate in selecting, installing and QA/QC of the flood warning software, lead coordination with the City's IT Dept., and provide GIS/IT support for this project. 20. Method of Monitoring Project Progress: Each of the tasks in this project has specified deliverables by deadline. The project manager will be responsible for ensuring tasks are completed by the deadline. Periodic progress and review meetings will be held with key project personnel. Meeting minutes identifying decisions made and outstanding action items will be prepared and distributed to participants. Schedules will be specified in contracts with vendors and consultants, and invoices monitored for compliance of deliverables. The vendor contracts will specify 24/7 availability. The actual performance of the flood warning system obviously is rainfall-dependent. Widely accepted QA/QC procedures will be followed to calibrate the rainfall and water level sensors, and problems will be rectified immediately. The TWDB project manager will be kept informed of project progress and will be encouraged to attend project meetings. III. WRITTEN ASSSURANCES 21. The Stormwater Management Division of the Transportation and Public Works Department (TPW) is responsible for planning and executing flooding related projects in the City of Fort Worth as authorized by City Ordinance No. 16781. 22.The City of Fort Worth participates in the National Flood Insurance Program (NFIP) and has the NFIP community member number 480596. 23. The proposed project does not duplicate existing projects. 6 TWDB Contract 1600012041 Exhibit A,Page 8 of 17 RESOLUTION 24. Expense budget by category for the detailed scope of work by tasks: City salaries based on mid-point of FY2016 salary schedule Personnel Total Hours Cost Item Task 1 Rain and water level gaging Task 1.1 Sr. PE,Engr. Manager,Engr.Tech 24 $1,255 Task 1.2 Sr. PE,Engr.Tech 40 $1,962 Task 1.3 Sr. PE,Engr.Tech 164 $5,901 Equipment including installation TWDB cost share $247,378 Travel City match $1,000 Consultant services City match $30,000 Task-1 total $287,496 Task 2 Advanced Flood Warning Software Task 2.1 Sr PE,Engr. Manager,Engr.Tech 24 $1,283 Task 2.2 Sr PE,Engr Tech,IT Analyst 28 $1,073 Task 2.3 Sr PE,Engr Tech,IT Analyst 38 $1,549 Consultant services City match $20,000 Software purchase City match $250,000 Task-2 total $273,905 Task 3 Flood Response Planning Task 3.1 Sr PE,Engr.Tech,Engr. Manager 16 $918 Task 3.2 Sr. PE,Engr.Tech 160 $9,495 Task 3.3 Sr. PE,Engr.Tech 140 $8,240 Task 3.4 Sr. PE 20 $1,256 Consultant services City match $50,000 Travel City match 1000 Task-3 total $70,909 ALL TASKS $632,309 City match% 60.9 25. Authorization for the grant application from the governing body of the City of Fort Worth is attached to the cover letter. 7 TWDB Contract 1600012041 Exhibit A,Page 9 of 17 (Question 13) SCOPE OF WORK The City of Fort Worth has invested in a flood alert system with flashers at 51 hazardous road crossings. The system also provides early warning to Stormwater Maintenance and emergency personnel of impending flood levels at these crossings. The main thrust of this funding request is to make this sensing and alert system more reliable and resilient: existing low-water crossings at selected sites will be supplemented with additional gaging using more flood resilient bubbler sensors, sophisticated software will cross-validate and error check measurements from sensors, and the rain network will be enhanced and expanded to more accurately capture intensity and spatial variability of severe storms. A highly reliable gaging network and communication system that reduces false signals is critical to the effective deployment of emergency personnel and the response of residents during flood emergencies. TWDB funds are being requested to partially fund the sensing network while the City of Fort Worth will provide match through purchase of flood warning software, funding of consultant services, and City staff time on the project. Enhancing the current HWWS sensors and software will create better situational awareness for City and external partners, allow better integration of weather and flooding information with forecasting and weather monitoring tools being development by external partners (NWS, CASA team), and improve the response of emergency personnel. Background The City partners with a number of agencies involved in flood warning and forecasting: the National Weather Service (NWS) Fort Worth Weather Field Office (WFO) receives gage data collected by City of Fort Worth, and Tarrant Regional Water District (TRWD) and USACE coordinates with the City on lake levels and releases. The NWS WFO collects and distributes precipitation data from its own weather stations at the Texas Motor Speedway, Meacham and Dallas/Fort Worth airports. Weather and flood forecasts issued by the NWS are received and passed onto relevant City personnel by the City's Office of Emergency Management (OEM). The City at this time does not have a "real-time" flood forecasting capabilities and relies on the NWS flood forecasts which are regional in nature (river basin scale). This project proposes to directly use rainfall intensities and rainfall corrected radar for forecasting at flood prone drainage- sheds/storm sewer-sheds. The starting point for this proposal is the City's High Water Warning System (HWWS). The system consists of stage gages at 51 low water crossings, 5 lake levels monitors, and 2 dedicated weather stations. Of the 51 sites, 38 sites have rain gages. The specific attributes of many of these crossings are: a). low levels of flood frequency service; b). poor visibility of hazard; c). high traffic volume at peak hours; d). past fatality and/or rescues at crossing; e). downstream threat, and f). length of traffic detour. Warning flashers are automatically turned on when rising flood waters exeeed a pre-defined threshold level; nominally, the current threshold levels are set at 1' below low-chord of crossing. Threshold settings are based on past experience that provide a reasonable lead time for emergency personnel to get barricades in place to close off crossings. Since a crossing is monitored by a single pressure transducer (PT), failure of the sensor either due to problems at the sensor itself or with communication to the server and flood warning software can lead to false detects and response. The PT transducer 8 TWDB Contract 1600012041 Exhibit A,Page 10 of 17 circuit that senses differential pressure is located within the sensor head, and the cable that attaches the transducer to the data controller can be easily damaged by flowing debris. The bubbler sensors also measure water levels based on differential pressure, however, the pressure sensing circuitry and data logger are located away from flooding in flood proofed housing; water pressure is communicated from the stream bottom via a pressurized air-tube. While there's some likelihood of debris damage to the tube, it is easily replaced and less prone to false readings due to sensing from the bottom of the stream. Supplementing existing gages with additional water level sensors and cross-validating measurements using flood warning software provides a much higher level of reliability and resilience from failure than using a single PT sensor to drive alerts. Due to excessive budget of installing supplemental sensors at all HWWS sites, it's proposed to install 10 bubbler sensors at the most vulnerable sites for this project. After the evaluation from this project, the City will supplement method to the entire HWWS at a later time. The HWWS uses tipping bucket sensors to measure rainfall and is generally well suited for flood warning purposes (precision to 0.04"). An AECOM study contracted by the City found that adequate coverage of rainfall patterns for the City required 30 rain gages in addition to the existing 38 rain gaging sites. Due to the importance of rainfall, 20 new rain gaging sites (2 tipping buckets at each footprint) will be identified from AECOM's recommendation and gaged for this project. The rapid refresh (X-band every 5 minutes) CASA radar has pre-programmed rainfall rate calibration parameters that are being refined for the Dallas-Fort Worth metroplex. Due to the extreme nature of flood events, relying on a single rain gage (with appropriate measures to capture rain during intense storms) at a site has been shown prone to rainfall capture problems for heavy rainfall events. In addition to reliability of measurement, placement of additional rain gages at pre-selected sites will allow for better comparison and calibration of CASA and NEXRAD rainfall rates. Commercial and NWS forecasts (e.g. NWS High Resolution Rapid Refresh , HRRR products) place considerable value on rainfall corrected radar measurements for their forecasts. The rainfall data and rainfall-corrected radar data will be used by this project team to develop threshold flood intensities by drainage-sheds. The HWWS uses the Automated Local Evaluation in Real Time (ALERT) protocol, using VHF radios and a single repeater to transmit to the base station located at the South Holly Water Treatment Plant. A repeater is located at the top of Burnett Plaza Building and functions to receive signals from sites that do have a reliable communication link to the base station, and passes signals along to the base station. The equipment used in the existing HWWS is supplied by High Sierra Electronics, Inc. and DataWise is the software that is used to monitor the sensors and issue alerts. The ALERT protocol is an event-driven, real-time, one-way transmission system with small data payload: the system consumes low amounts of power, notification to the receiver station takes place as the event occurs, and the system is relatively low-cost. The short comings of the ALERT system are that it is prone to high rates of lost and erroneous data because the event 9 TWDB Contract 1600012041 Exhibit A,Page I I of 17 transmission can lead to data collisions (on average about a 30-35%fail rate), and scaling to a larger sensing network leads to larger messaging sizing and thereby even more data collisions. The ALERT2 protocol has addressed many of the limitations of the ALERT system. The new gaging sites funded through this project will be phased in through ALERT 2. Request of this grant are summarized below: System component Existing (City), Number TWDB request, Number Water level Pressure transducers,51 Bubbler sensors, 10 at existing sites Rain gage Tipping bucket, 38 Tipping bucket, 60(20 at existing sites, and 20 new sites) Communication protocol ALERT ALERT 2 Software Datawise v7.5-10 Future Software to be determined & purchased by City Since the founding of the Stormwater Utility 10 years ago, the City has invested heavily in watershed and open channel (HEC-HMS, HEC-RAS) and urban runoff models (EPA-SWMM, INFOWORKS, ICM, & XP-SWMM) and mapping of storm water assets in GIS. The Level Of Service (LOS) of hazardous crossings and drainage-sheds have been assessed either with open channel and runoff models. The City also recently developed a City-wide high water map at 100' resolution using the ICM model. The City will use the modeling results, past experience of flooding and on-going data-mining efforts (City is contracting consultant services as separate effort from this project) to relate rainfall intensities to flooding potential at drainage-sheds and at specific low-water crossings. For this project: a consultant will be selected by City staff involved in this project and will follow City's solicitation and selection requirements. Consultant services will be provided as City's cost-share. Project Tasks Staff level project meetings will be held about once every 2 weeks and intensified depending on achievement of deliverables. Three public meetings will be held as shown on the schedule. Task 1: Water level and Rain Sensing for reliability and resilience Flood hydraulics at road crossings is often complex, and head conditions can significantly alter the dynamics of flood flows up-stream and downstream of crossings. The current level sensing used by Fort Worth is dependent on debris free flood flows water levels are sensed by pressure transducers (PT tubes). The objective of this task is to investigate, and appropriately place additional sensors (bubbler sensors), at specific sites that are part of the current HWWS sites. A primary finding from this task will be whether having different sensor types (bubbler sensor) sensing at appropriate downstream or upstream locations provides better reliability and 10 TWDB Contract 1600012041 Exhibit A,Page 12 of 17 resiliency of water level measurements at low-water crossings. Sites for the bubbler sensors will be selected based on history of false signals, sites that are prone to occurrence of debris in flow, and complexity of up-stream/down-stream hydraulic conditions. No new sites (beyond existing low-water crossings)for flood water levels is planned through this grant application. This project will supplement current rain gage sites which have one rain gage per site with an additional rain gage. As mentioned earlier, severe storms are inadequately captured by a single rain gage. Due to the importance of rainfall, 20 new rain gaging sites using ALERT2 will be identified and gaged for this project. The locations for the new sites will be based on: availability of City right-of-way or participation from private entities, criticality of location (locations at storm sewer-shed divides to catch storm frontal movements will be preferred), obstruction clearance, height(high buildings in the downtown), and security at site to prevent vandalism etc. Specific sub-tasks are given below: Task 1.1: Identify 10 critical flood prone low-water crossings at which to install additional upstream/downstream gages with bubbler type sensors. Deliverable: Sub-set of low-water crossings for supplemental gaging. Milestone date: 11/30/2016. Task 1.2: Identify critical sites for installation of dedicated rain gages. Past AECOM study for rain gages will be used as basis for expansion of the rain gage network to 20 new sites, and installation of additional 20 rain gages at existing sites for validation. Deliverable: Map and locations for new rain gaging sites. Milestone date: 11/30/2016. Task 1.3: Install the sensors, and ALERT2 communication system. Calibrate and validate stream and rain measurements, and determine benefit of upstream/downstream gaging with cross-validation. Deliverable: successful installation and testing of equipment Milestone date: 1/31/2017. Task 2: Advanced Flood Warning Software Acquisition The City currently uses the Datawise software (v7.5 and v10) tied to a server to receive and monitor the HWWS gages. Some of the limitations of the Datawise software were found to be: lack of local administrative control capabilities, difficulty of testing HWWS with simulated input, lack of user friendliness, and difficulty of group communication settings. Datawise will be phased out and replaced with new software as City's cost-share for this project. The following software requirements will be evaluated: (1) Capability to ingest data via one-way (ALERT) and two-way communication (ALERT2) (2) Control of external devices and alert generation (3) Monitoring, analyzing, and error checking of data in real-time (4) Display of data and sensor status on maps and in user defined format (5) Data import and export in wide variety of formats (APIs, XML etc.), including mapping applications 11 TWDB Contract 1600012041 Exhibit A,Page 13 of 17 (6) Remote access and viewing (e.g., on cell phone app) (7) Data mining (8) Programmability for cross-validation, and building "intelligence" in sensing network (9) Strong data back-up capabilities (10) 24/7 support The hardware (server), and technical support for software will be provided for this project at City's cost. The total estimated external costs (excluding staff time) is$250,000. Specific sub- tasks are given below: Task 2.1: Develop software requirements, and advertise call for flood warning software. Deliverable: RFQ for flood warning software to be advertised and selected as per City procurement requirements. Milestone date: 1/31/2017. Task 2.2: Procure software satisfying City requirements. Deliverable: Purchase and contract with software vendor. Milestone date: 1/31/2017. Task 2.3: Install software and train City staff on software usage. Perform early testing of rainfall intensity thresholds by drainage-sheds and LOS of crossings. Deliverable: Installation and testing of flood warning software. Milestone date: 3/31/2017. Task 3: Flood Response Planning (here called Emergency Action Plan, EAP) City staff and consultant will be engaged in development of an EAP. The goal of a Flood EAP is to prepare a defined set of actions based on flood trigger events and help remove as much "chaos" as possible prior to, during, and following a flood emergency. The EAP will consist of the following main elements. 1. Planning a. Identification of flood hazards and risks to people and property. This effort will be undertaken by storm drainage-sheds by critical infra-structure (roadway crossings, critical facilities etc.) by flooding rainfall intensities. b. Develop desired actions: pre-staging actions (neighborhood alerts, personnel etc.) at hazardous areas from step (a). c. Document clearly assigned roles and responsibilities: previous effort at master planning which identified the "connectivity" between agencies and personnel during flood events will be used to document and vet this document through the City's emergency response community. The document will use unambiguous language, and develop a communication plan. d. Provide flood preparedness and actions education for the public: make data available to public via website, text alerts, social media data rainfall intensities and flooding levels of service at hazardous sites by storm sewer-shed from step (a). 12 TWDB Contract 1600012041 Exhibit A,Page 14 of 17 2. Operations a. Provide periodic training for O&M staff:The O&M document for the existing system will be updated for the improvements made through this project effort. b. Staffing and monitoring: Holistically organize and update the City's existing on-call lists and emergency 0&M procedures, exchange updated on-call lists between relevant City departments and external partners (NWS,TRWD, USACE), and ensure City's OEM has flood support personnel (Flood Operations Engineer, FOE) and resources during emergencies. c. Flood Operations:The FOE in coordination with OEM escalates level of response and readiness of flood response staff, following procedures in the Flood EAP. Deviations from the EAP will be documented and discussed during post-flood assessments. 3. Post-Flood a. Flood forensics: police, fire department, and SWM field maintenance flood response reports are compiled and appropriate level of SWM staff investigation is determined, low-water crossings and flasher/warning response to flood events are investigated, and performance of critical Stormwater capital assets in impacted areas (storm drain lines and culverts) are investigated, a flood characterization report (nature of flood event, consequences, and response) is generated for high intensity storms. b. Update of Flood EAP:The Flood EAP is updated and broadcast to relevant City staff based on lessons learned, communication among staff is intensified depending on flood event. c. Maintain Flood Response database: A dedicated database for flooding and response is updated with the event and response. Specific sub-tasks are given below: Task 3.1: Develop EAP plan as outlined above; coordinate with emergency response stakeholders. Milestone date: 2/28/2017. Task 3.2: Identify critical rainfall intensities by storm sewer-sheds. Program threshold rainfall intensities in flood warning software for alerts. Stormwater division's past watershed hydrology& hydraulics models, historical observations by staff, the city- wide Innovyze ICM hydraulic model at 100 feet grids, among other models, observations and data will be used for this task. Deliverable: City-wide map of flood intensities by drainage/storm sewer-sheds. Milestone date: 5/31/2017. Task 3.3: Refine and finalize EAP. Deliverable: EAP document. Milestone date: 7/31/2107 Task 3A Write final report of project findings for the benefit of other communities and project deliverable to TWDB. Deliverable: Final project report. Milestone date: 8/31/2017 13 TWDB Contract 1600012041 Exhibit A,Page 15 of 17 M&C Review Page 1 of 2 CITY COUNCIL 'AGENDA FORTWORT{I COUNCIL ACTION: Approved on 6/7/2016 -Ordinance No. 22243-06-2016 REFERENCE ** 20SWM TWDB FLOOD DATE: 6/7/2016 NO.: G-18750 LOG NAME: GRANT APPLICATION CODE: G TYPE: CONSENT PUBLIC NO HEARING: SUBJECT: Authorize Application for and, if Awarded, Acceptance of a Grant from the Texas Water Development Board in the Amount of$247,378.00 for a Flood Warning Grant with a Cash and In-Kind Services Match in the Amount Up to$384,931.00 for a Total Amount of $632,309.00, Approve Execution of All Applicable Grant Contracts and Adopt Appropriation Ordinance (ALL COUNCIL DISTRICTS) RECOMMENDATION: It is recommended that the City Council: 1. Authorize the application to the Texas Water Development Board for a Flood Warning Grant in the amount of$247,378.00 with a cash and in-kind service match in the amount up to$384,931.00 for a total amount of$632,309.00; 2. Authorize the execution of all applicable grant contracts; 3. Authorize the use of$350,000.00 as a cash match and $34,931.00 as in-kind match from the Stormwater Utility Fund for this grant; and, 4. Adopt the attached appropriations ordinance increasing estimated receipts and appropriations in the Grants Operating State Fund in the amount of$632,309.00. DISCUSSION: A grant application to the Texas Water Development Board (TWDB) is being submitted for funding the development of a flood warning system. The grant will be used to develop a Flood Response Plan and augment the City's existing High Water Warning System (HWWS) at flood prone low-water crossings with additional water level sensors, and expand the City's rain gaging network to better capture rainfall data from severe storms. This effort will improve the reliability and resiliency of the HWWS, and response of City personnel and the public to severe flood events. The project duration will be from date of award to December 31, 2017. Due to the cash match not being appropriated until Fiscal Year 2017, no expenditures will be authorized until October 1, 2016. Authorization of this M&C will enable: 1. The Storm Water Management(SWM) division of the Transportation and Public Works (TPW) Department to apply for the TWDB grant; 2. SWM/TPW to enter into a contract with the TWDB upon award of grant; and 3. Confirmation of the City's intent to commit local matching funds in cash and in-kind services estimated in the amount of$384,931.00. A $350,000.00 cash match for this grant is included in the SWM/TPW Fiscal Year 2017 CIP budget request. In-kind services will make up the balance of the City matching funds. The program serves ALL COUNCIL DISTRICTS. This contract will be with a governmental entity, state agency or public institution of higher education: Texas Water Development Board. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that upon award of the above recommendations, receipt of the grant and TWDB Contract 1600012041 Exhibit A,Page 16 of 17 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22373&councildate=6/7/2016 6/13/2016 M&C Review Page 2 of 2 adoption of the attached appropriation ordinance, Stormwater funding for the match will be submitted in the Stormwater Fiscal Year(FY) 2017 operating budget and the grant appropriations will be made available in the Fiscal Year 2017 operating budget, as appropriated in the Grant Operating State Fund. The Transportation and Public Works Department will be-responsible for the collection and deposit of funds due to the City. Prior to expenditure being made, the Transportation and Public Works Department has the responsibility to validate the availability of funds. TO Fund Department Account Project Program Activity Budget Reference# Amount ID ID Year Chartfield 2 21002 02004104341OXX XXXXXX 992093 $247,378.0 21002 0200410 4952001 XXXXXX 992093 $350,000.00 21002 0200410 4640950 11 XXXXXX _ 992093 _ $34,931.0 21002 0200410 5VARIOU 1 XXXXXX 9920XX I $597,378.00 21002 0200410 5119950 3 XXXXXX 9920XX $34,931.0 FROM Fund Department I Account Project Program Activity Budget ; Reference# Amount ID I ID Year Chartfield 2 5200_2_ 0200431 1 590010 1 P00015 2017 _ $250,000.0 52002 0200431 —j 590010 P00046 ( 2017 $100,000.00 Submitted for City Manager's Office by: Jay Chapa (5804) Originating Department Head: Douglas Wiersig (7801) Additional Information Contact: Ranjan S. Muttiah (7919) ATTACHMENTS 20SWM TWDB FLOOD GRANT APPLICATION 21002 AO16.docx TWDB CFWgrant20l6.pdf TWDB Contract 1600012041 Exhibit A,Page 17 of 17 http://apps.cfwnet.org/council_packet/mc_review.asp?ID=22373&councildate=6/7/2016 6/13/2016 EXHIBIT B SCOPE OF WORK Project meetings will be held about once every 2 weeks, subject to intensification depending on complexity of task and timely achievement of deliverables. Public meetings will be held at beginning (by 1/31/2017), mid-point(by 5/31/2017), and end stages of project(by 11/30/2017). Task 1: Water level and Rain/Weather Gaging for reliability and resilience Task 1.1: Identify up to 10 critical flood prone low-water crossings at which to install additional upstream/downstream water level gages. Anticipated completion: 1/31/2017. Task 1.2: Identify up to 20 existing low-water crossing sites to install rain/weather gages. Anticipated completion: 1/31/2017. Task 1.3: Identify critical sites for installation of dedicated rain/weather gages at up to 20 new sites. Anticipated completion: 1/31/2017. Task 1.4: Install equipment, calibrate and validate gaging sites: Anticipated completion: 9/29/2017. Task 2: Advanced Flood Warning Software Acquisition Task 2.1: Develop software requirements, and advertise for flood warning software. Anticipated Completion: 1/31/2017. Task 2.2: Procure software satisfying City requirements. Anticipated completion: 4/28/2017. Task 2.3: Install software, and train City staff on software usage. Anticipated completion: 8/31/2017. Task 3: Flood Response Plan (FRP) Task 3.1: Develop conceptual level FRP plan for City needs. Anticipated completion: 4/28/2017. Task 3.2: Coordinate with relevant stakeholders, evaluate, and refine FRP plan. Anticipated completion: 7/31/2017. Task 3.3: Incorporate FRP in Local Hazard Mitigation Plan, and submit FRP to the Texas Department of Emergency Management(TxDEM) and TWDB. Anticipated completion: 11/31/2107. Task 3.4: Final Reports to TWDB. Anticipated completion: 12/29/2017. TWDB Contract No. 1600012041 Exhibit B,Page 1 of I EXHIBIT C TASK AND EXPENSE BUDGETS TASK BUDGET TASK DESCRIPTION AMOUNT 1 Water level and Rain Sensing for Reliability and $287,496.00 Resilience 2 Advanced Flood Warning Software 273,904.00 3 Flood Response Plan 70,909.00 TOTAL $632,309.00 EXPENSE BUDGET CATEGORY CONTRACTOR Salaries & Wagesl $24,948.00 Fringe 7,983.00 Travel3 2,000.00 Subcontract Services 100,000.00 Equipment 247,378.00 Other Expenses` 250,000.00 Overheads 0.00 Profit 0.00 TOTAL $632,309.00 Salaries and Waees is defined as the cost of salaries of engineers,draftsmen,stenographers,surveymen,clerks,laborers,etc., for time directly chargeable to this CONTRACT. 2 EdM is defined as the cost of social security contributions,unemployment,excise,and payroll taxes,workers'compensation insurance,retirement benefits,medical and insurance benefits,sick leave,vacation,and holiday pay applicable thereto. 3 Travel is limited to the maximum amounts authorized for state employees by the General Appropriations Act,Tex. Leg. Regular Session,2015,Article IX,Part 5,as amended or superseded 4 Other Expenses is defined to include expendable supplies,communications,reproduction,postage,and costs of public meetings directly chargeable to this CONTRACT. 5 Overhead is defined as the costs incurred in maintaining a place of business and performing professional services similar to those specified in this CONTRACT. TWDB Contract No. 1600012041 Exhibit C,Page 1 of 1 EXHIBIT D GUIDELINES FOR AUTHORS SUBMITTING CONTRACT REPORTS TO THE TEXAS WATER DEVELOPMENT BOARD 1.0 Introduction The purpose of this document is to describe the required format of contract reports submitted to the Texas Water Development Board (TWDB). Our reason for standardizing the format of contract reports is to provide our customers a consistent, and therefore familiar, format for contract reports (which we post online for public access). Another reason for standardizing the format is so that we can more easily turn a contract report into a TWDB numbered report if we so choose. Remember that your report will not only be seen by TWDB staff, but also by any person interested in the results of your study. A professional and high quality report will reflect well on you, your employer, and the TWDB. Available upon request, we will provide a Microsoft Word template (used to write these instructions)that gives the fonts, spacing, and other specifications for the headings and text of the report. Please follow this template as closely as possible. 2.0 Formatting your report The TWDB format is designed for simplicity. For example, we use Times New Roman for all text. We use 12 point, single-spaced text, left justification for paragraph text, 18 point bold for first-level headings, and 14 point bold for second-level headings. Page numbers are centered at the bottom of the page. Other than page numbers, please refrain from adding content to the document header or footer. Page setup should use one-inch margins on all four sides. 2.1 Text The best way to format your document is to use the styles described and embedded in the template document(Authors_Template.dot) that is available on request from the TWDB. To use the Authors_Template.dot file, open it in Word (make sure *.dot is listed under Files of type) and save it as a .doc file. Advanced users can add the .dot file to their computers as a template. Make sure the formatting bar is on the desktop (to open, go to View4Toolbars 4Formatting) or,to view all of the formatting at once, go to Format4Styles and Formatting and select Available Styles from the dropdown box at the bottom of the window. The formatting in the template document provides styles (such as font type, spacing, and indents) for each piece of your report. Each style is named to describe what it should be used for(for example, style names include Chapter Title, Body Text, Heading 1, References, and Figure or Table Caption). As you add to your report, use the dropdown list on the Formatting Toolbar or the list in the Styles and Formatting window to adjust the text to the correct style. The Authors_Template.dot file shows and lists the specifications for each style. 2.LI Title Give your report a title that gives the reader an idea of the topic of your report but is not terribly long. In addition to the general subject(for example, "Droughts"), you may include a few additional words to describe a place, methodology, or other detail focused on throughout the paper(for example, "Droughts in the High Plains of Texas" or"Evaluating the effects of drought using groundwater flow modeling"). Please capitalize only the first letter of each word except `minor' words such as `and' and 'of.Never use all caps. Use headings to help the reader follow you through the main sections of your report and to TWDB Contract No. 1600012041 Exhibit D,Page I of 8 EXHIBIT E TWDB GUIDELINES FOR A PROGRESS REPORT Texas Water Development Board Contractors are required by their contracts to provide Progress Reports according to the "Payment Request Schedule' The progress report should contain the following standard elements: Date: Date the memo is sent To: Name and position of the reader From: Name and position of the writer Subject: TWDB Contract Number and the period that this report covers (i.e. Progress Report 09/01/11 — 11/30/11) Work Completed: (The next section of a progress report explains what work has been done during the reporting period by Scope of Work task. Speck the dates of the reporting period and use active voice verbs to report progress made) For Example.- Task xample.Task 1: Completed 3 draft chapters and all appendices. Met with sub consultants on their chapters Task 2: Completed sample collection throughout river reach. Task 3: No work completed in reporting period. Problems: If the reader is likely to be interested in the glitches you have encountered along the way, mention the problems you have encountered and explain how you have solved them. If there are problems you have not yet been able to solve, explain your strategy for solving them and give tell the reader when you think you will have them solved. TWDB Contract No. 1600012041 Exhibit E,Page I of I Initial head{feet MSL} Less than 1,000 1,000-2,000 * 2,000-3,000 + 3,000-4,000 `' Y' . • 4,000-5,000 • More than 5,000 N 0 50 100 miles Figure 3. Initial hydraulic heads used in model simulations for layer 1. Note the use of grayscale shading to show differences. TWDB Contract No. 1600012041 Exhibit D,Page 8 of 8 f i tiFLFdfdT F1 YYB� S�-� .} >- 4 CL N t1L L g LECN "MALV' f FE I� TON a .� °"� Houston JE Beau- _ f mont AC A \ \ Galveston ATA' t / :S 1 ' A6Ai H.; f FN IDAk } r N tA-- "4E5- ---ErO Corpus Christi 0 25 50 miles A ,. 1 Brownsville faa�t- l�! Figure 2. A sample subject area map, giving the reader enough information to understand the location being discussed in this conference. For map figures, be sure to include a north arrow to orient the reader, a scale, and, if needed, a submap that places the figure in greater geographic context. Be sure that text is readable and that any citations listed on the figure or in the figure caption are included in the reference list. Font size should never be less than 6 pt. TWDB Contract No. 1600012041 Exhibit D,Page 7 of 8 500 Comal Springs Discharge 450 p400 -_ Pumping capped at 450,000 acre-feet per year 0 N 350 a 300 250 Phase 1 v 200 - Phase 2, .8 150 100 Phase 3 � LL 50 Bifurcated permits 0 �f 1930 1935 1940 1945 1950 1955 1960 1965 1970 1975 1980 1985 1990 Year Figure 1. A sample figure showing only the information needed to help the reader understand the data. Font size for figure callouts or labels should never be less than 6 point. TWDB Contract No. 1600012041 Exhibit D,Page 6 of 8 9.0 Examples of references Arroyo, J. A., and Mullican, III, W. F., 2004, Desalination: in Mace, R. E., Angle, E. S., and Mullican, W. F., II1, editors, Aquifers of the Edwards Plateau: Texas Water Development Board Report 360, p. 293-302. Bates, R. L., and Jackson, J. A., 1984, Dictionary of geological terms: Anchor Press/Doubleday, Garden City,New York, 571 p. Blandford, T. N., Blazer, D. J., Calhoun, K. C., Dutton,A. R.,Naing, T., Reedy, R. C., and Scanlon, B. R., 2003, Groundwater availability of the southern Ogallala aquifer in Texas and New Mexico— Numerical simulations through 2050: contract report by Daniel B. Stephens and Associates, Inc., and the Bureau of Economic Geology, The University of Texas at Austin to the Texas Water Development Board, variably paginated. Fenneman,N. M., 1931, Physiography of Western United States (1st edition): New York, McGraw-Hill, 534 p. Hubert, M., 1999, Senate Bill 1—The first big bold step toward meeting Texas's future water needs: Texas Tech Law Review, v. 30, no. 1, p. 53-70. Kunianski, E. L., 1989, Precipitation, streamflow, and baseflow in West-Central Texas, December 1974 through March 1977: U. S. Geological Survey Water-Resources Investigations Report 89-4208, 2 sheets. Mace, R. E., Chowdhury, A. H., Anaya, R., and Way, S.-C., 2000, A numerical groundwater flow model of the Upper and Middle Trinity aquifer, Hill Country area: Texas Water Development Board Open File Report 00-02, 62 p. Maclay, R. W., and Land, L. F., 1988, Simulation of flow in the Edwards aquifer, San Antonio Region, Texas, and refinements of storage and flow concepts: U. S. Geological Survey Water-Supply Paper 2336, 48 p. For more examples of references, see p. 239-241 of"Suggestions to Authors of the Reports of the United States Geological Survey" at http://www.nwrc.usgs.gov/lib/lib—sta.html. TWDB Contract No. 1600012041 Exhibit D,Page 5 of 8 author followed by "and others" and the year. For example: the end of the Jurassic Period occurred approximately 145.5 million years ago (Gradstein and others, 2004). 4.2 References All sources that are cited within the report should be listed at the end of the paper under the heading References. The references should follow the guidelines in"Suggestions to Authors of the Reports of the United States Geological Survey" (Hansen, 1991). These are available online at http://www.nwrc.usgs.gov/lib/lib_sta.html (a link to the chapter"Preparing references for Survey reports,"p. 234-241, is found here). Several examples of complete reference citations are listed at the end of these guidelines. Be sure that any citations that appear in tables or figures are included in the reference list. Also, before submitting the report, please check that all the citations in the report are included in the reference list and all references in the reference list are cited in the report. If at all possible, avoid web- based citations. These materials are often transient and therefore useless to future readers. 5.0 Submitting your report Before you submit your report, proofread it. Look for spelling and grammatical errors. Also, check to see that you have structured the headings, paragraphs, and sentences in your paper so that it is easy to follow and understand (imagine you are a reader who does not already know the information you are presenting!). 6.0 Conclusions Following the instructions above and providing accurate and readable text, tables, figures, and citations will help to make your report useful to readers. Scientists may read your report, as well as water planners, utility providers, and interested citizens. If your report successfully conveys accurate scientific information and explanations to these readers, we can help to create more informed decisions about the use, development, and management of water in the state. 7.0 Acknowledgments Be sure to acknowledge the people and entities that assisted you in your study and report. For example: We would like to thank the Keck Geology Consortium, the American Society of Civil Engineers, and the Texas Bar CLE for providing examples to use in developing these guidelines. In addition, we appreciate Mike Parcher for providing information on how to create publication-quality graphics, Shirley Wade for creating the data used in sample Figure 1, and Ian Jones for providing sample Figure 3. 8.0 References Gradstein, F.M., J.G. Ogg, and A.G. Smith, eds., 2005, A geologic time scale 2004: Cambridge, Cambridge University Press, 610 p. Hansen, W.R., ed., 1991, Suggestions to authors of the reports of the United States Geological Survey (7th ed.): Washington, D.C., U.S. Government Printing Office, 289 p. Tufte, E. R., 1983, The visual display of quantitative information: Cheshire, C.T., Graphics Press, 197 p. Tufte, E. R., 1990, Envisioning information: Cheshire, C.T., Graphics Press, 126 p. Tufte, E. R., 1997, Visual explanations: Cheshire, C.T., Graphics Press, 156 p. TWDB Contract No. 1600012041 Exhibit D,Page 4 of 8 Figures and photographs should be in grayscale. Color greatly adds to the cost of printing, so we are trying to keep it to a minimum. Also remember that your report may be photocopied, scanned, or downloaded and printed in black and white. For this reason, you should use symbols or patterns, or make sure that colors print as different shades in black and white. All interval or ratio data (data measuring continuous phenomena, with each color representing an equal interval) need to be displayed in a graded scale of a single color(Figure 3). This way your figures will be useful even as a photocopy. If you need help with your graphics or have questions, please contact the TWDB graphics department at (512)936-0129. 2.2.3 Using other people's graphics Figures and photographs (and tables) need to be your own unless you have written permission from the publisher that allows us to reprint them (we will need a copy of this permission for our records). Avoid using any figures or photographs taken off the Internet or from newspapers or magazines—these sources are difficult to cite, and it is often time-consuming and expensive to gain permission to reproduce them. 2.3 Tables Tables should be created in Microsoft Word (see Table 1). Tables should include a minimal amount of outlining or bold font to emphasize headings, totals, or other important points. Tables should be numbered separately from figures, and captions should appear above the text of the table. Table 1: A sample table. Note caption above table. Table text heading* Table text 1940 1950 1960 1970 1980 1990 2000 %GW Table text 15 441 340 926 196 522 83 97.4 Table text 64 944 626 173 356 171 516 99.9 Total 79 1385 966 1099 552 693 599 * A footnote should look like this using 10 point Times New Roman. %GW=percent groundwater Be sure to describe any abbreviations or symbols, and, unlike in this table, be sure to note the units! 3.0 Units Measurements should be in English units. Metric units may be included in parentheses after the English units. All units of geologic time should conform to the most recent geologic timescale (Gradstein and others, 2004). A summary of this timescale is available from the International Commission on Stratigraphy's website at http://stratigraphy.org/chus.pdf. 4.0 Citations and references It is important to give credit where credit is due. Therefore, be sure to use the appropriate citations and include references in your paper. 4.1 In-text citations Each piece of information you use in your report that comes from an outside source must be cited within the text using the author's last name and the year of publication. If there are two authors, list the last name of each followed by the year, and if there are more than two authors, list the last name of the first TWDB Contract No. 1 6000 1204 1 Exhibit D,Page 3 of 8 make it easier for readers to skim through your report to find sections that might be the most interesting or useful to them. The text of the report should include an executive summary and sections outlined in 4.4 of Attachment 1. Headings for up to five levels of subdivision are provided in the template; however, we suggest not using more than three or four levels of subdivision except where absolutely necessary. Please avoid stacked headings (for example, a Heading 1 followed immediately by a Heading 2), and capitalize only the first letter of headings or words where appropriate—never use all caps. 2.2 Figures and photographs To publish professional-looking graphics,we need all originals to be saved at 300 dots-per-inch (dpi) and in grayscale, if possible, or in the CMYK color format if color is necessary. Excessive use of color, especially color graphics that do not also work in grayscale, will prevent us from publishing your report as a TWDB numbered report (color reproduction costs can be prohibitive). Preferred file formats for your original graphics are Adobe Illustrator(.ai), Photoshop (.psd), EPS with .tiff preview, .jpg, .png, or .tiff files. Refrain from using low resolution .jpg or .gif files. Internet images at 72 dpi are unacceptable for use in reports. All graphics shall be submitted in two forms: 1. Inserted into the Microsoft Word document before you submit your report. Ideally, inserted graphics should be centered on the page. Format the picture to downsize to 6 inches wide if necessary. Please do not upsize a graphic in Word. 2. Saved in one of the formats listed above. 2.2.1 Other graphics specifications It is easiest to design your figures separately and add them in after the text of your report is more or less complete. Graphics should remain within the 1-inch page margins of the template (6.5 inches maximum graphic width). Be sure that the graphics (as well as tables) are numbered in the same order that they are mentioned in the text. Figures should appear embedded in the report after being called out in the text. Also, remember to include a caption for each graphic in Word, not as part of the graphic. We are not able to edit or format figure captions that are part of the figure. For figures and photographs, the caption should appear below the graphic. For tables, the caption should appear above. 2.2.2 Creating publication-quality graphics When designing a graphic, make sure that the graphic (1) emphasizes the important information and does not show unnecessary data, lines, or labels; (2) includes the needed support material for the reader to understand what you are showing; and (3) is readable (see Figures 1 and 2 for examples). Edward R. Tufte's books on presenting information (Tufte, 1983; 1990; 1997) are great references on good graphic design. Figures 1 through 3 are examples of properly formatted, easy to understand graphics. Do not include fonts that are less than 6 points. For good-looking graphics, the resolution needs to be high enough to provide a clear image at the size you make them within the report. In general, 300 dpi will make a clear image-200 dpi is a minimum. Try to create your figures at the same size they will be in the report, as resizing them in Word greatly reduces image quality. Photographs taken with at least a two-megapixel camera(if using digital) and with good contrast will make the best images. Save the original, and then adjust color levels and size in a renamed image copy. Print a draft copy of your report to double-check that your figures and photographs have clear lines and show all the features that you want them to have. TW DB Contract No. 1600012041 Exhibit D,Page 2 of 8