Loading...
HomeMy WebLinkAboutContract 44147 (2)STATE OF TEXAS § COUNTY OF TARRANT § CITY SECRETARY CONmAcflO. KNOWN ALL BY THESE PRESENTS: .• a a THIS AGREEMENT, entered into by and between the City of Fort Worth, a home -rule municipal corporation situated in Tarrant, Denton, Parker, and Wise Counties, Texas, acting herein by and through its duly authorized Assistant City Manager, hereinafter called the "City", and Michael Baker Jr., Inc., by and through Doug Plasencia, its duly authorized Vice President an independent contractor "Consultant". City and Consultant may be referred to herein _ individually as a Party, or collectively as the Parties. WITNESSETH That for and in consideration of mutual covenants and agreements herein contained, the Parties hereto mutually agree as follows: ARTICLE 1 SERVICES Section 1. Consultant hereby agrees to perform as an independent contractor the services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Mobile LiDAR Project ("Project"). Section 2. Additional services, if any, will be requested in writing by the City. City shall not pay for any work performed by Consultant or its subconsultants, subcontractors and/or suppliers that has not been ordered in writing. It is specifically agreed that Consultant shall not be compensated for any alleged additional work resulting from oral orders of any person. ARTICLE 2 COMPENSATION Consultant shall be compensated in accordance with the Fee Schedule shown in Attachment "B". Payment shall be considered full compensation for all labor, materials, supplies, and equipment necessary to complete the services described in Attachment "A". However the total fee paid by the City shall not exceed a total of Four Hundred Twenty Seven Thousand, Seven Hundred Ninety Eight Dollars ($427,798) unless the City and the Consultant mutually agree upon a fee amount for additional services and amend this Agreement accordingly. The Consultant shall provide monthly invoices to the City. Payment for services rendered shall be due within thirty (30) days of the uncontested performance of the particular services so ordered and receipt by City of Consultant's invoice for payment of same. OFFICIAL RECORD city SECKETMIIY 'Flo WORM, , 02 _05-13 A10 59 IN Acceptance by Consultant of said payment shall operate as and shall release the City from all claims or liabilities under this Agreement for anything related to, done, or furnished in connection with the services for which payment is made, including any act or omission of the City in connection with such services. ARTICLE 3 TERM Unless terminated pursuant to the terms herein, this Agreement shall be for a term of one year beginning upon the date of its execution, or until the completion of the subject matter contemplated herein, whichever occurs first. ARTICLE 4 INDEPENDENT CONTRACTOR Consultant shall operate hereunder as an independent contractor, and not as an officer, agent, servant, or employee of the City. Consultant shall have exclusive control of and the exclusive right to control the details of its work to be performed hereunder and all persons perfoiuiing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondent superior shall not apply as between City and Consultant, its officers, agents, employees, contractors, and subcontractors, and nothing herein shall be construed as creating a partnership or joint venture between City and Consultant. ARTICLE 5 PROFESSIONAL COMPETENCE AND INDEMNIFICATION Section 1 Work performed by Consultant shall comply in all aspects with all applicable local, state and federal laws and with all applicable rules and regulations promulgated by the local, state and national boards, bureaus and agencies. Approval by the City shall not constitute or be deemed to be a release of the responsibility and liability of Consultant or its officers, agents, employees, contractors and subcontractors for the accuracy and competency of its services performed hereunder. Section 2. Subject only to the exceptions provided in Texas Local Government Code Section 271.904, the Consultant shall indemnify, hold harmless, and defend the City against liability for any damage caused by or resulting from an act of negligence, intentional tort, intellectual property infringement, or failure to pay a subcontractor or supplier committed by the Consultant or Consultant's agent, consultant under contract, or another entity over which the Consultant's exercises control. Michael Baker Jr., Inc Page 2 of 18 Contract for Mobile LiDAR Project ARTICLE 6 INSURANCE Section 1. Consultant shall not commence work under this Agreement until it has obtained all insurance required under this Article and the City has approved such insurance, nor shall Consultant allow any subcontractor to commence work on its subcontract until all similar insurance of the subcontractor has been so obtained and approval given by the City; provided, however, Consultant may elect to add any subconsultant as an additional insured under its liability policies. Commercial General Liability $1,000,000 each occurrence $1,000,000 aggregate Automobile Liability $1,000,000 each accident (or reasonably equivalent limits of coverage if written on a split limits basis). Coverage shall be on any vehicle used in the course of the Project. Worker's Compensation Coverage A: statutory limits Coverage B $100,000 each accident $500,000 disease - policy limit $100,000 disease - each employee Professional Liability $1,000,000 each claim $2,000,000 aggregate The retroactive date shall be coincident with or prior to the date of this contract and the certificate of insurance shall state that the coverage is claims -made and the retroactive date. The insurance coverage shall be maintained for the duration of this contract and for five (5) years following completion of the contract (Tail Coverage). This provision shall survive the one year term of this contract. An annual certificate of insurance shall be submitted to the City for each year following completion of this contract. Section 2. Additional Insurance Requirements a Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy and errors and omissions under Consultant's professional liability insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. Michael Baker Jr., Inc Page 3 of 18 Contract for Mobile LiDAR Project b. Certificates of insurance shall be delivered to the TPW Storer Water Management Division, Attention: Don McChesney, 1000 Throckmorton Street, Fort Worth, TX 76102, prior to commencement of work. c. Any failure on part of the City to request required insurance documentation shall not constitute a waiver of the insurance requirements specified herein. d Each insurance policy shall be endorsed to provide the City a minimum thirty days notice of cancellation, non -renewal, and/or material change in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. Insurers must be authorized to do business in the State of Texas and have a current A.M. Best rating of A: VII or equivalent measure of financial strength and solvency. £ Other than worker's compensation insurance, in lieu of traditional insurance, City may consider alternative coverage or risk treatment measures through insurance pools or risk retention groups. The City must approve in writing any alternative coverage. g. Workers' compensation insurance policy(s) covering employees employed on the Project shall be endorsed with a waiver of subrogation providing rights of recovery in favor of the City. h. City shall not be responsible for the direct payment of insurance premium costs for Consultant's insurance. i. Consultant's insurance policies shall each be endorsed to provide that such insurance is primary protection and any self -funded or commercial coverage maintained by City shall not be called upon to contribute to loss recovery. J• In the course of the Agreement, Consultant shall report, in a timely manner, to City's officially designated contract administrator any known loss occurrence which could give rise to a liability claim or lawsuit or which could result in a property loss. k. Consultant's liability shall not be limited to the specified amounts of insurance required herein. 1. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents ARTICLE 7 TRANSFER OR ASSIGNMENT City and Consultant each bind themselves, and their lawful successors and assigns, to this Agreement. Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of the City. Michael Baker Jr., Inc. Page 4 of 18 Contract for Mobile LiDAR Project ARTICLE 8 TERMINATION OF CONTRACT Section 1. City may teiiuinate this Agreement for its convenience on 30 days' written notice. Either the City or the Consultant for cause may terminate this Agreement if either Party fails substantially to perform through no fault of the other and does not commence correction of such nonperformance with 5 days of written notice and diligently complete the correction thereafter. Section 2. If City chooses to terminate this Agreement under Article 8, upon receipt of notice of termination, Consultant shall discontinue services rendered up to the date of such termination and City shall compensate Consultant based upon calculations in Article 2 of this Agreement and Exhibit "B" attached hereto and incorporated herein. Section 3. All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by the City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of the City, and shall be furnished to the City prior to or at the time such services are completed, or upon termination or expiration of this Agreement. ARTICLE 9 RIGHT TO AUDIT (a) Consultant agrees that the City shall, until the expiration of three (3) years after final payment under this Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to this Agreement. Consultant agrees that the City shall have access during normal working hours to all necessary facilities and shall be provided adequate and appropriate workspace in order to conduct audits in compliance with the provisions of this section. City shall give Consultant reasonable advance notice of intended audits. (b) Consultant further agrees to include in all its subcontracts hereunder, a provision to the effect that the subcontracting consultant agrees that the City shall, until the expiration of three (3) years after final payment under the subcontract, have access to and the right to examine any directly pertinent books, documents papers and records of such subconsultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subconsultant facilities, and shall be provided adequate and appropriate work space in order to conduct audits in compliance with the provisions of this article City shall give Consultant and any subconsultant reasonable advance notice of intended audit. (c) Consultant and subconsultants agree to photocopy such documents as may be requested by the City. The City agrees to reimburse Consultant for the cost of copies at the rate published in the Texas Administrative Code in effect as of the time copying is performed. Michael Baker Jr., Inc Page 5 of 18 Contract for Mobile LiDAR Project ARTICLE 10 BUSINESS DIVERSITY ENTERPRISE (BDE) PARTICIPATION In accordance with the City's Business Diversity Enterprise (BDE) Ordinance No. 20020-12-2011, as related to Architectural and Engineering Professional Services, the City has estabhshed goals for the participation of Small Business Enterprises (SBEs) in City contracts. Unless a waiver of M/SBE goals has been authorized by the City, Contractor hereby acknowledges the M/SBE goals established in the Contract Documents for this project and affnns its contractually enforceable agreement to achieve those goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by the Consultant may result in the termination of this Agreement and debarment as set forth in Ordinance No. 20020-12-2011. ARTICLE 11 OBSERVE AND COMPLY Consultant shall at all times observe and comply with all federal, state, and local laws and regulations and with all City ordinances and regulations which in any way affect this Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstandmg or ignorance thereof shall be considered. Consultant agrees to defend, indemnify and hold harmless City and all of its officers, agents and employees from and against all claims or liability arising out of the violation of any such order, law, ordinance, or regulation, whether it be by itself or its employees. ARTICLE 12 VENUE AND JURISDICTION If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of this Agreement, jurisdiction and venue for such action shall lie in state courts located in Tarrant County, Texas or the United States District Court for the Northern District of Texas — Fort Worth Division. This Agreement shall be construed in accordance with the laws of the State of Texas. ARTICLE 13 CONTRACT CONSTRUCTION The Parties acknowledge that each party and, if it so chooses, its counsel have reviewed and revised this Agreement and that the normal rule of construction to the effect that any ambiguities are to be resolved against the drafting party must not be employed in the interpretation of this Agreement or any amendments or exhibits hereto. ARTICLE 14 SEVERABILITY The provisions of this Agreement are severable, and if any word phrase, clause, sentence, paragraph, section or other part of this Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, the remainder of this Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of this Agreement to other persons or circumstances shall not be affected thereby and this Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Michael Baker Jr., Inc Page 6 of 18 Contract for Mobile LiDAR Project ARTICLE 15 NOTICES Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand- dehvery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: If to City: City of Fort Worth Attn: Clair C. Davis P.E., CFM, Floodplain Administrator TPW Storm Water Management Division 1000 Throckmorton Street Fort Worth, Texas 76102 If to Consultant: Michael Baker Jr., Inc Attn: Sarada Kalikivaya, P.E., CFM, Project Manager 101 South Locust Street Suite 300 Denton, TX 76201-6046 ARTICLE 16 HEADINGS The headings contained herein are for the convenience in reference and are not intended to define or limit the scope of any provision of this Agreement ARTICLE 17 COUNTERPARTS This Agreement may be executed in one or more counterparts and each counterpart shall, for all purposes, be deemed an original, but all such counterparts shall together constitute but one and the same instrument. SECTION 18. NON-DISCRIMINATION/EQUAL OPPORTUNITY During the perfoiiiiance of this contract, Consultant shall not discriminate in its employment practices and shall comply with all applicable provisions of Chapter 17, Article III of the Code of the City of Fort Worth. Consultant agrees not to discriminate against any employee or applicant for employment because of because of age, race color, religion, sex, disability, national origin, sexual orientation, transgender gender identity or gender expression in any manner involving employment, including the recruitment of applicants for employment, advertising, hiring, layoff recall, termination of employment, promotion, demotion, transfer, compensation, employment Michael Baker Jr., Inc. Page 7 of 18 Contract for Mobile LiDAR Project classification, training and selection for training or any other terms, conditions or privileges of employment. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, notices setting forth the provisions of the non-discrimination clause. Consultant also agrees that in all solicitations or advertisements for employees placed by or on behalf of this contract, that Contractor is an equal opportunity employer. Notices, advertisements, and solicitations placed in accordance with federal law, rule or regulation shall be deemed sufficient for the purpose of meeting the requirements of this section. (Remainder of Page Intentionally Left Blank) Michael Baker Jr., Inc Page 8 of 18 Contract for Mobile LIDAR Project ATTACHMENT "A" SCOPE OF SERVICES Mobile LiDAR Project Floodplain Project: FP-11-017-PF Michael Baker Jr., Inc. (Baker) is pleased to present this scope of services to the City of Fort Worth for a Mobile Light Detection and Ranging (LiDAR) project to prepare data and products in the areas of concern thereby providing City staff with better tools to assist them in flood mitigation and other related initiatives. There are three (3) study areas (Sunset Acres, Hulen Bend and Lake Worth) as shown in Figure 1. The primary objective within the three study areas is to provide more accurate ground elevations, finished floor elevations and adjacent ground elevations for the structures. This information coupled with the Base Flood Elevations (BFEs) from the recently issued FEMA Flood Insurance Rate Maps (FIRMS) will allow the City to accurately assess the impact of these newly adopted floodplain maps on the individual property owners. Specifically, it will determine which structures are subject to future Letter of Map Amendment (LOMA) processing, and which structures warrant more detailed investigation. Mobile LiDAR technology was chosen because it has been proven to offer time and cost advantages. It provides accurate efficient, cost effective survey -grade data with no public inconvenience. Mobile LiDAR data can fill in gaps from traditional aerial LiDAR, provide additional accuracy in target areas, and supplement previously collected data. It generally does not require accessing private property, and represents a hybrid approach of the traditional methods (aerial LiDAR and field survey) typically used for data collection. The Sunset Acres study area represents several hundred homes that were not previously in the Special Flood Hazard Area (SFHA), but, with the new floodplain maps are now in the SFHA. This change has a significant impact on these residents. Mobile LiDAR data will be used to remap the FEMA floodplains and correct the inaccuracies in existing mapping and allow those residents that should not be mapped in a SFHA to be removed Additionally, for the Hulen Bend study area, the data to be collected is also needed in order to prepare a detailed drainage study. This area has a history of significant flooding Accurate topographic data is needed to develop a thorough analysis of this area. Mobile LiDAR data will be used by the City of Fort Worth to supplement existing low -resolution data to create a more detailed topographic basis for the more robust modeling analysis planned to address the complex flooding problems that have been experienced in Hulen Bend. The Lake Worth study area has several unique challenges. The terrain and tree cover has made it difficult to obtain accurate topographic data using traditional aerial LiDAR. Mobile LiDAR can overcome these difficulties, thereby, providing the Fort Worth Water Department with information needed for assessments of the dam, volumetric determinations of Lake Worth and assistance with proposed improvements, including the perimeter trail. The Baker Team will include the following: Name Burton Johnson Sarada Kalikivaya Stephen Clancy Stephen Clancy Bud Hodgins Company Baker Baker Baker Baker Gorrondona and Associates Role Principal — In — Charge Project Manager Mobile LiDAR Data Collection Mobile LiDAR Data Processing Surveyor (Control Points) Michael Baker Jr., Inc. Contract for Mobile LiDAR Project Page 9 of 18 Study Areas lawny Date. Dec 2.7. 2009 ex aa°Otttofila0aytter- - ro7 .£20to eD91e'"� ; N-;9T2t'04:24 W ele Figure 1 Study Areas The following sections describe the scope of services: 1. SUNSET ACRES STUDY AREA (Figure 2 *7 on Googly' ma9.ry Dalt: De 27.2009 +� '32.44'5S 15`a GTl2413461`W -. Figure 2 - Sunset Acres Study Area Michael Baker Jr., Inc. Contract for Mobile LiDAR Project r,t:9tve la al!' 35541ri Page 10 of 18 Sunset Acres 1.1 - Control Survey 18 control points as shown in Figure 2 will be established using the control survey specifications. 1 2 — LiDAR Collection Baker will utilize their Mobile LiDAR system to collect information along each street identified in Figure 2. The Baker collection staff will make practical efforts to effectively inundate the project area with high density Mobile LiDAR data. Gaps due to laser shadowing from obstructions will be minimized using multiple passes and approaches. 1.3 — LiDAR and Photo Processing The LiDAR data will be constrained to the established control points improving the spatial accuracy of the 3D model (point cloud) of the study area to, approximately, 1 inch vertically. The ground points will then be extracted from the point cloud to create the "bare earth" points used for earthworks and hydraulic modeling A thinning program will be run to reduce the number of points to about a point every foot. These pomts will be triangulated to create the 1 foot digital elevation model compatible with the ESRI software as a deliverable. The thinning process will be run a second time again on the bare earth points and reduced to a point density of 5 feet between points This will also be delivered in ESRI compatible fouuat The 1 foot and the 5 foot points will also be delivered in the form of an X Y & Z file to support almost any terrain modeling application. The full featured point cloud will be colorized to create a LAS 1.2 (Log ASCII Standard) file The Tarrant County Appraisal District parcel boundary shape file will be used to `tile' the point cloud based on parcel boundary extents. The parcel point clouds will be used in the followmg steps: Photo Processing The photo locations from the field collection will be "geo-referenced" with a hyperlink to the photo linage and delivered in an ESRI point shape file The hyperlink will use a "relative path" to support consistent connectivity from the point to the image. The images will be delivered in JPEG format. 1.4 — Elevation Canture The parcel point clouds will be used to populate an ESRI shape file that contains the following fields: A) Parcel ID B) First Floor Elevation (within, approximately, 1 to 3 inches for screening purposes) C) Adjacent Grade Elevation (within, approximately 1 to 3 inches for screening purposes) D) Base Flood Elevation (from latest available DFIRM (Digital Flood Insurance Rate Map) for Tarrant County) 1.5 — Raw Floodnlain Manning Floodplam mapping for the project area will be generated using the 1 foot spacing DEM (Digital Elevation Model) data created for this project and water surface elevations published in the FEMA flood profiles. No smoothing process will be applied. 1.6 — FEMA Floodnlain Manning Floodplain mapping generated in Task 1.5 will be smoothed to meet FEMA specifications. 1.7 — HAZUS Enabled Database A HAZUS enabled database will be provided that is populated from information readily available from three sources: (1) the terrain data collected as a part of the Mobile LiDAR data collection effort, (2) data included for each parcel within the Tarrant County tax records, and (3) the most recent DFIRM for Tarrant County. The ground elevations obtained with the Mobile LiDAR unit will be combined with the DFIRM data cross sections, base flood elevations and floodplain boundaries to create accurate flood depth grids. Michael Baker Jr., Inc. Page 11 of 18 Contract for Mobile LiDAR Project The Mobile LiDAR unit will collect first floor elevations for structures, which are a crucial element for the HAZUS flood analysis. Other attributes like replacement costs, building type or year built will be derived from the assessor's database and converted into HAZUS accepted formats. 2. HULEN BEND STUDY AREA (Figure 3) Hulen Bend thug Oaf♦. Oeg2T 2.1 — Control Survey _Ott a_P9it Wiliat 9 2,3'S77t W oiler73211 Figure 3 — Hulen Bend Study Area 40 control points as shown in Figure 3 will be established using the control survey specifications. 2.2 — LiDAR Collection Baker will utilize their Mobile LiDAR system to collect information along each street identified in Figure 3. The Baker collection staff will make practical efforts to effectively inundate the project area with high density Mobile LiDAR data. Gaps due to laser shadowing from obstructions will be minimized using multiple passes and approaches. 2.3 — LiDAR and Photo Processing The LiDAR data will be constrained to the established control points improving the spatial accuracy of the 3D model (point cloud) of the study area to approximately 1 inch vertically. The ground points will then be extracted from the point cloud to create the "bare earth" points used for earthworks and hydraulic modeling. A thinning program will be run to reduce the number of points to about a point every foot. These points will be triangulated to create the 1 foot digital elevation model compatible with the ESRI software as a deliverable. The thinning process will be run a second time again on the bare earth points and reduced to a point density of 5 feet between points. This will also be delivered in ESRI compatible format. The 1 foot and the 5 foot points will also be delivered in the form of an X, Y & Z file to support almost any terrain modeling application. The full featured point cloud will be colorized to create a LAS 1.2 (Log Michael Baker Jr., Inc. Page 12 of 18 Contract for Mobile LiDAR Project ASCII Standard) file. The Tarrant County Appraisal District parcel boundary shape file will be used to `tile' the point cloud based on parcel boundary extents. The parcel point clouds will be used in the following steps: Photo Processing The photo locations from the field collection will be "geo-referenced" with a hyperlink to the photo image and delivered in an ESRI point shape file The hyperlink will use a "relative path" to support consistent connectivity from the point to the image. The images will be delivered in JPEG format. 2.4 — Elevation Capture The parcel point clouds will be used to populate an ESRI shape file that contains the following fields* A) Parcel ID B) First Floor Elevation (within, approximately, 1 to 3 inches for screening purposes) C) Adjacent Grade Elevation (within, approximately 1 to 3 inches for screening purposes) D) Base Flood Elevation (from latest available DFIRM for Tarrant County) 2.5 — InfoWorks Input Data A digital terrain model will be provided for the study area that is in a foiuiat directly importable into InfoWorks. ESRI's Arc Map 3D will be used to preprocess and create an ESRI TIN (Triangulated Irregular Network) Ground Model. This task includes merging data collected via Mobile LiDAR with readily available aerial LiDAR data previously collected by the City so that the entire watershed, or portion of the watershed to be studied, can be included. 2.6 — HAZUS Enabled Database A HAZUS enabled database will be provided that is populated from information readily available from three sources: (1) the terrain data collected as a part of the Mobile LiDAR data collection effort, (2) data included for each parcel within the Tarrant County tax records, and (3) the most recent DFIRM for Tarrant County. The ground elevations obtained with the Mobile LiDAR unit will be combined with the DFIRM data cross sections, base flood elevations and floodplain boundaries to create accurate flood depth grids. The Mobile LiDAR unit will collect first floor elevations for structures, which are a crucial element for the HAZUS flood analysis. Other attributes like replacement costs building type or year built will be derived from the assessor's database and converted into HAZUS accepted formats. Remainder of Page Intentionally Left Blank Michael Baker Jr., Inc. Page 13 of 18 Contract for Mobile LiDAR Project 3. LAKE WORTH STUDY AREA (Figure 4) Lake Worth Figure 4 — Lake Worth Study Area 3.1 — Control Survey 180 control points as shown in Figure 4 will be established using the control survey specifications. 3.2 — LiDAR Collection Baker will utilize their Mobile LiDAR system to collect information along each street identified in Figure 4. The Baker collection staff will make practical efforts to effectively inundate the project area with high density Mobile LiDAR data. Gaps due to laser shadowing from obstructions will be minimized using multiple passes and approaches. Following land -side collection, the Baker collection staff will mount the Mobile LiDAR unit on a hydrographic survey vessel having a minimal draft. Prior to collection, shallow areas inaccessible to the hydrographic survey vessel will be documented and reviewed with the Fort Worth Project Manager. Baker will adjust existing Aerial LiDAR data to the Mobile LiDAR collection to fill in the gaps. Given that a portion of the project area encompasses NAS JRB Fort Worth, Baker and Fort Worth Project Managers will jointly contact the Naval Air Station to communicate project specifics and to secure access. It is understood that Baker Mobile LiDAR crews have secured access and have collected data on Military Installations following proper communication and logistics protocols. 3.3 — LiDAR and Photo Processing The LiDAR data will be constrained to the established control points improving the spatial accuracy of the 3D model (point cloud) of the study area to, approximately, 1 inch vertically. The ground points will then be extracted from the point cloud to create the "bare earth" points used for earthworks and hydraulic modeling. A thinning program will be run to reduce the number of points to about a point every foot. Michael Baker Jr., Inc. Page 14 of 18 Contract for Mobile LiDAR Project These points will be triangulated to create the 1 foot digital elevation model compatible with the ESRI software as a deliverable. The thinning process will be run a second time again on the bare earth points and reduced to a point density of 5 feet between points This will also be delivered in ESRI compatible format The 1 foot and the 5 foot points will also be delivered in the form of an X, Y & Z file to support most any terrain modeling application. The full featured point cloud will be colorized to create a LAS 1 2 (Log ASCII Standard) file The Tarrant County Appraisal District parcel boundary shape file will be used to "tile' the point cloud based on parcel boundary extents. The parcel point clouds will be used in the following steps: Photo Processing The photo locations from the field collection will be "geo-referenced" with a hyperlink to the photo image and delivered in an ESRI point shape file. The hyperlink will use a "relative path" to support consistent connectivity from the point to the image The images will be delivered in JPEG format. 3.4 — Elevation Capture The parcel point clouds will be used to populate an ESRI shape file that contains the following fields* A) Parcel ID B) First Floor Elevation (within, approximately, 1 to 3 inches for screening purposes) C) Adjacent Grade Elevation (within, approximately 1 to 3 inches for screening purposes) D) Base Flood Elevation (from latest available DFIRM for Tarrant County) 3.5— Boat Ramp Planimetrics and Boat Dock Elevations Using a combination of Mobile LiDAR and Static Scanning, a detailed topographic map of the public boat ramps surrounding Lake Worth will be developed Planimetric features such as parking, docks, signs and utilities will be combined with elevation data to clearly depict the fixed improvements. The resulting topographic map will be delivered in Micro Station DGN (or AutoCAD DWG) and ESRI Shape file format. 3.6 — 594-foot and 600 foot Contour 594-foot and 600-foot contours will be provided, in separate GIS shape files, to accurately represent key jurisdictional and FEMA floodplain boundaries around the lake. 3.7 — HAZUS Enabled Database A HAZUS enabled Database will be provided that is populated from information readily available from three sources: (1) the terrain data collected as a part of the Mobile LiDAR data collection effort, (2) data included for each parcel within the Tarrant County tax records, and (3) the most recent DFIRM for Tarrant County. The ground elevations obtained with the Mobile LiDAR unit will be combined with the DFIRM data cross sections, base flood elevations and floodplain boundaries to create accurate flood depth grids. The Mobile LiDAR unit will collect first floor elevations for structures, which are a crucial element for the HAZUS flood analysis. Other attributes like replacement costs, building type or year built will be derived from the assessor's database and converted into HAZUS accepted formats. 4.0 DELIVERABLES 4.1 — Control Survey CADD and GIS files The bench marks created or used for this project will be delivered in CAD and GIS foiniat. 4.2 — Proiect Photos and GIS files Two high definition digital cameras on the Mobile LiDAR unit will take pictures at a rate of 3 pictures per second. A GIS point file will be delivered with a link to the pictures so that they can be accessed from a GIS map. Michael Baker Jr., Inc. Page 15 of 18 Contract for Mobile LiDAR Project 4.3 — Digital Elevation Models (DEM). Colorized Point Cloud and Contours and Breaklines The data collected will be classified to develop a bare earth surface. These points will be used to create a DEM using 1 foot spacing as well as a second with a 5 foot spacing. The DEMs will be created using the ESRI GIS software in the North Central Texas State Plane Zone 4202 projection with units of US Survey feet in North American Vertical Datum of 1988 (NAVD 88) An ASCII text file containing the X, Y & Z points for the 5 foot grid spacing will also be provided for use in other applications. The point clouds that are collected will be colorized based on the photography and then tiled out into smaller files based on the Tarrant County Appraisal District parcel boundaries shape file This will provide a more manageable data set so that the computer requirements for using the data are lessened. Using the bare -earth DEM, contours will be derived at 1 foot intervals. The resultant contours will be delivered in ESRI Shape file format. Due to the nature of the Hulen Bend site having closed drainage systems, the extra step of delineating breaklines will be performed The process of establishing breaklines allows for controlling the topographic surface behavior caused by curb and gutter systems. The resultant breaklines will be delivered in ESRI Shape file polyline format. 4.4 — Elevation Capture The LiDAR data will be used to identify the first floor elevations as well as the adjacent ground elevations for all structures in the 3 study areas. The data will be delivered in an ESRI shape file that contains the fields for the parcel ID, First Floor Elevation (FFE), Adjacent Grade Elevation (AGE), Base Flood Elevation (BFE), if available, and the date entered This will be used by the City staff in determining the need for LOMAs. See Figure 5 for an example. 4.5 — Raw Floodplain Mapping and FEMA Floodplain Mapping Raw floodplain mapping and FEMA floodplain mapping generated for Sunset Acres will be provided in ESRI shape file formatted to comply with FEMA DFIRM. 4.6 — Detailed Lake Worth Features 4.6.1 - Boat Dock Planimetrics and Boat Dock Elevations Using a combination of Mobile LiDAR and Static Scanning a detailed topographic map of the public boat ramps surrounding Lake Worth will be developed. Planimetric features such as parking, docks, signs and utilities will be combined with elevation data to clearly depict the fixed improvements. The resulting topographic map will be delivered in Micro Station DON (or AutoCAD DWG) and ESRI Shape file format. 4 6 2 - Detailed Dam Survey Similar to the boat ramps, static scanning will be deployed in addition to the Mobile LiDAR A closed traverse will be performed around the dam at the east end of Lake Worth including the flow area from the spillway providing more dense coverage. Planimetric features of fixed improvements and vegetation will be mapped in Micro Station DGN (or AutoCAD DWG) and ESRI Shape file format 4.6.3 - 594-foot and 600 Foot Contour 594-foot and 600-foot contours will be provided, in separate GIS shape files, to accurately represent key jurisdictional and FEMA floodplain boundaries around the lake. Michael Baker Jr., Inc. Page 16 of 18 Contract for Mobile LiDAR Project 5.0 PROJECT MANAGEMENT 5.1 Coordination and Meetings Baker and City staff will have bi-monthly coordination meetings to review the status of the project and deliverables. Any additional meetings will be held on an as -needed basis. 5.2 Proiect Reporting, Management and Invoicing The Baker Project Manager will provide City staff with monthly progress reports and invoices. 5.3 Training The LiDAR data that is captured can be used by multiple departments in various applications. This project provides a new form of information with new ways to analyze and solve old problems Baker will conduct a four hour training session with the City staff on converting the data for use in CADD and GIS. This training will also include instruction on the LP360 software and how to draw cross sections and analyze the data. 6.0 ADDITIONAL SERVICES Baker will provide additional services not explicitly included within this scope of services if deemed necessary and specifically authorized by staff. 'KLONDtKE Legend BFE is above First Floor Elevation BFE is above Adjacent Grade Elevation but Less than First Floor Elevation MR. !Nt aFEasr The elevations shown in the table are to be used for estimation purposes only and not used for enginering. The elevations are based on the NAVD88 datum. Figure 5 — Example of Elevation Capture map Michael Baker Jr., Inc Contract for Mobile LiDAR Project \1f s 0 50 I00 dam Feet Flood Elevation Screening Analysis FORT WORTH Page 17 of 18 NU Gf� IN WITNESS THEREOF, the parties hereto have made and executed this Agreement in multiple originals the day and year first above written, in Fort Worth, Tarrant County, Texas. CITY OF FORT WORTH: Fernando Costa Assistant City Manager Date: 43 RECOMMENDED: Douglas Lis Wiersig, P.E., Directo • MICHAEL BAKER JR., INC. Doug Plasencia, P.E. CFM Vice President Department of Transportation and blic Work APPROVED AS TO FORM AND LEGALITY: ge4 Arthur N. Bashor Assistant City Attorney ATTEST: - Mary J. K a r City Secretary hin00° ri Fi ao° Films n°00 •4\ #e*OR I" septi ooa0000. • o a� % f,\ o 4444 tiriictsr Authorized by M&C C-26019 12/18/2012 Michael Baker Jr., Inc. Contract for Mobile LiDAR Project M OFFICIAL RECORD CITY SECRETARY FT. WORTH, TX 6iammanadermaidnsirriseasseroan. Page 18 of 18 VI&C Review Page 1 of 3 Official site of the City of roil Worth, Texas FORT%MJRTH Crry COUNCIL AGENDA - - _ COUNCIL ACTION: Approved on 12/18/2012 o Ordinance Nos. 20545-12n2012 z 205464i 2.2012 DATE: 12/18/2012 REFERENCE NO.: **C-26019 LOG NAME: 2OMOBILELIDAR CODE.: C TYPT: CONSENT PUDLIC NO HEARING: SUBJECT: Authorize Execution of a Professional Services Agreement with Michael Baker Jr., Inc., in the Amount of $427,798.00 for the Mobile LIDAR Project, Increasing Appropriations in the Stormwater Utility Fund and Decreasing the Available Cash Balance in the Amount of $328,091.00, Authorize Transfer of Funds from the Lake Worth Gas Lease Capital Improvement Fund to the Stormwater Utility Fund, Increasing the Estimated Receipts and Appropriations in the Stormwater Utility Fund in the Amount of $99,707.00 and Adopt Appropriation Ordinances (COUNCIL DISTRICTS 3, 6 and 7) RECOMMENDATION: It is recommended that the City Council: 1. Authorize transfer of funds from the Lake Worth Gas Lease Capital Improvements Fund to the Stormwater Utility Fund in the amount of $99,707.00; 2. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in the Stormwater Utility Fund in the amount of $99,707.00 from available funds; 3. Adopt the attached supplemental appropriation ordinance increasing appropriations in the Stormwater Utility Fund in the amount of $328,091.00 decreasing the available cash balance by the same amount; and 4. Authorize the execution of a professional services Agreement in the amount of $427,798.00 with Michael Baker Jr., Inc., for the Mobile LIDAR Project. DISCUSSION: The professional services Agreement recommended by this Mayor and Council Communication is for the Mobile LIDAR (Light Detection and Ranging) project; a survey data collection and floodplain mapping project that will correct FEMA floodplain mapping errors, resulting in a direct economic benefit to negatively affected property owners. The project will also quantify the number and types of dock and pier structures in Lake Worth, enhance emergency response operations, and develop detailed topographic information to assist in trail and park enhancements around Lake Worth. On September 25, 2009, FEMA updated all of the floodplain maps for the City of Fort Worth. The City is required to use these maps so that affordable flood insurance will continue to be available to our residents, and the premiums will be reflective of the actual risk. Unfortunately, the 2009 floodplain maps included many significant errors, incorrectly placing as many as 500 homes and businesses in the floodplain. The City of Fort Worth is required by federal regulations adopted by our Floodplain Provisions Ordinance to request re -mapping of incorrect FEMA floodplain boundaries when the boundaries are known to be inaccurate. The average cost to a resident of Fort Worth for a flood insurance policy in a floodplain is approximately $950.00 per year. Force -placed flood insurance policies through mortgage companies are frequently two -three times more expensive. The errors in this particular situation could impose as http://apps.cfwnet.org/council packet/mc_review. asp?ID=17764&councildate=12/18/2012 2/4/2013 M&C Review Page 2 of 3 much as $1.4 million in unwarranted flood insurance premiums on Fort Worth property owners. Mobile LiDAR technology will be utilized to quickly and accurately survey each of the project areas to determine to what extent the floodplain must be re -mapped. Contour data generated by the Mobile LiDAR survey will be used to determine accurate boundaries of the FEMA floodplain and finish floor elevations for all insurable structures in the project areas to provide the required proof to FEMA and mortgage companies This project will greatly reduce the amount of staff time required to assist the property owners in this area and establish floodplain maps that are reflective of the actual risk of flooding. Stormwater staff is also coordinating with Water Department to include a survey of dock and pier structures in Lake Worth, as well as developing detailed topographic information for use in park and trail planning. A normal pool elevation contour for Lake Worth will also be created, and emergency response operations will benefit by identifying the most flood -prone areas. The technology will also be evaluated as an alternate method of determining impervious cover for utility rate billing. Finally, the high -resolution elevation data will be used to model existing storm drain systems and feasible improvements in the Hulen Bend project area. The Water Department is funding $99,707.00 for the Lake Worth shoreline survey. The survey of the lake perimeter will include documenting boat dock locations and data to be used during the planning of the trail system. Michael Baker Jr. Inc., proposes to perform this project for a lump -sum fee of $427,798.00. Staff considers this fee to be fair and reasonable for the scope of work proposed, based on the size of the study areas and the deliverables. M/WBE - Michael Baker Jr. Inc., is in compliance with the City's M/WBE Ordinance by committing to 24 percent M/WBE participation. The City's goal on this project is 24 percent. The project is located in COUNCIL DISTRICTS 3, 6 and 7. FISCAL INFORMATION/CERTIFICATION: The Financial Management Services Director certifies that upon approval of the above recommendations and adoption of the attached supplemental appropriation ordinances, funds will be available in the current operating budget as appropriated, of the Stormwater Utility Fund. Upon approval, the available cash balance of the Stormwater Fund will be in compliance with the minimum reserve as outlined in the Financial Management Policy Statements. TO Fund/Account/Centers 2) PE69 531200 0209207 3) PE69 531200 0209207 $99.707.00 $328.091.00 1 2) PE69 472246 0209207 $99.707.00 FROM Fund/Account/Centers 1) C246 538070 60115990100 $99.707.00 2) PE69 531200 0209207 $427.798.00 Submitted for City Manager's Office by: Fernando Costa (6122) Originating Department Head: Douglas W. Wiersig (7801) Additional Information Contact: Clair Davis (5981) ATTACHMENTS http://apps.cfwnet.org/council packet/mc review.asp7ID=17764&councildate=12/18/2012 2/4/2013 M&C Review Page 3 of 3 2OMOBILELIDAR PE69 A013.doc 20MOBILELIDAR PE69 SA013,doc Proiectlimits.pdf http://apps.cfwnet.org/council_packet/mc review.asp?M=17764&councildate-12/18/2012 2/4/2013