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HomeMy WebLinkAboutContract 55219 CSC No.55219 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR PROFESSIONAL SERVICES This AGREEMENT is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Ecosystem Planning and Restoration (EPR), authorized to do business in Texas ("Consultant"), for a PROJECT generally described as: Cumulative Development and Flood Storage Impact Assessment. Article I Scope of Services (1) Consultant hereby agrees to perform the professional services set forth in the Scope of Services attached hereto as Attachment "A". These services shall be performed in connection with Cumulative Development and Flood Storage Impact Assessment. (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 II Compensation Consultant shall be compensated an amount up to $75,000 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 'W'. 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. 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 III Term Unless terminated pursuant to Article VIII herein, this Agreement shall be for a term beginning on the effective date, as described below, and shall continue until the expiration of the funds or completion of the subject matter contemplated herein, whichever occurs first. City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:11.07.17 Page 1 of 9 FT.WORTH, TX Article IV 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 the work to be performed hereunder and of all persons performing same, and shall be solely responsible for the acts and omissions of its officers, agents, employees, contractors and subcontractors. The doctrine of respondeat 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 V Professional Competence and Indemnification (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. (2) THE CONSULTANT, AT NO COST TO THE CITY, AGREES TO DEFEND, INDEMNIFY AND HOLD THE CITY, ITS OFFICERS, AGENTS SERVANTS AND EMPLOYEES, HARMLESS AGAINST ANY AND ALL CLAIMS, LAWSUITS, ACTIONS, COSTS AND EXPENSES OF ANY KIND, INCLUDING, BUT NOT LIMITED TO, THOSE FOR PROPERTY DAMAGE OR LOSS (INCLUDING ALLEGED DAMAGE OR LOSS TO CONSULTANT'S BUSINESS AND ANY RESULTING LOST PROFITS) AND/OR PERSONAL INJURY, INCLUDING DEATH, THAT MAY RELATE TO, ARISE OUT OF OR BE OCCASIONED BY CONSULTANT'S BREACH OF (i) ANY OF THE TERMS OR PROVISIONS OF THIS AGREEMENT OR (ii) ANY NEGLIGENT ACT OR OMISSION OR INTENTIONAL MISCONDUCT OF CONSULTANT, ITS OFFICERS, AGENTS, ASSOCIATES, EMPLOYEES, CONTRACTORS (OTHER THAN THE CITI9 OR SUBCONTRACTORS, RELATED TO THE PERFORMANCE OR NON- PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. Article VI Insurance (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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 2 of 9 Commercial General Liability $1,000,000 each occurrence $2,000,000 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 (2) Additional Insurance Requirements a. Except for employer's liability insurance coverage under Consultant's worker's compensation insurance policy, the City, its officers, employees and servants shall be endorsed as an additional insured on Consultant's insurance policies. b. Certificates of insurance shall be attached to this Agreement prior to its execution. c. Any failure on part of the City to attach the required insurance documentation hereto 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, andler FnateFial GhaRge in policy terms or coverage. A ten days notice shall be acceptable in the event of non-payment of premium. e. 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. f. 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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 3 of 9 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. I. Upon the request of City, Consultant shall provide complete copies of all insurance policies required by these Agreement documents. Article VII 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. Article VIII Termination of Contract (1) a. City may terminate this Agreement for its convenience on 30 days' written notice to Consultant. b. 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 the nonperforming party does not commence correction of such nonperformance within 5 days' written notice or thereafter fails to diligently complete the correction. (2) If City chooses to terminate this Agreement, 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 II of this Agreement and Exhibit "B" attached hereto and incorporated herein. (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. City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 4 of 9 Article IX Right to Audit (1) 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. (2) 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 sub-consultant, involving transactions to the subcontract, and further, that City shall have access during normal working hours to all sub- consultant 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 sub-consultant reasonable advance notice of intended audit. (3) Consultant and sub-consultants 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. Article X Minority Business and Small Business Enterprise (MBE)(SBE) Participation In accordance with the City's Business Diversity goals (Chapter 20, Article X of the City's Code of Ordinances a/k/a Ordinance No. 20020-12-2011, as amended), the City has goals for the participation of minority business enterprises and/or small business enterprises in City contracts. Consultant acknowledges the MBE and SBE goals established for this Agreement and its accepted written commitment to MBE and SBE participation. 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 from participating in City contracts for a period of time of not less than three (3) years. Article XI 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 misunderstanding or ignorance City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 5 of 9 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 XII Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees who perform work under this Agreement, including completing the Employment Eligibility Verification Form (1-9). Upon request by City, Consultant shall provide City with copies of all 1-9 forms and supporting eligibility documentation for each employee who performs work under this Agreement. Consultant shall adhere to all Federal and State laws as well as establish appropriate procedures and controls so that no services will be performed by any Consultant employee who is not legally eligible to perform such services. CONSULTANT SHALL INDEMNIFY CITY AND HOLD CITY HARMLESS FROM ANY PENALTIES, LIABILITIES, OR LOSSES DUE TO VIOLATIONS OF THIS PARAGRAPH BY CONSULTANT, CONSULTANT'S EMPLOYEES, SUBCONTRACTORS, AGENTS, OR LICENSEES. City, upon written notice to Consultant, shall have the right to immediately terminate this Agreement for violations of this provision by Consultant. Article XIII 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, 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 XIV 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 XV 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 6 of 9 Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVI Notices Notices to be provided hereunder shall be sufficient if forwarded to the other Party by hand-delivery or via U.S. Postal Service certified mail return receipt requested, postage prepaid, to the address of the other Party shown below: City of Fort Worth Attn: Clair Davis Transportation and Public Works 200 Texas Street Fort Worth, Texas 76102 Consultant: Ecosystem Planning and Restoration (EPR) Attn: Clarence H. Kaiser III 17575 N. Eldridge Pkwy, Bldg C Tomball, TX 77377 Article XVII Prohibition On Contracts With Companies Boycotting Israel Consultant acknowledges that in accordance with Chapter 2271 of the Texas Government Code, the City is prohibited from entering into a contract with a company for goods or services unless the contract contains a written verification from the company that it: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. The terms "boycott Israel" and "company" shall have the meanings ascribed to those terms in Section 808.001 of the Texas Government Code. By signing this contract, Consultant certifies that Consultant's signature provides written verification to the City that Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. Article XVIII 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 City of Fort Worth,Texas Standard Agreement for Professional Services Revision Date:11.07.17 Page 7 of 9 Article XIX Attachments, Schedules and 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. The following attachments and schedules are hereby made a part of this Agreement: Attachment A-Scope of Services Attachment B— Compensation Attachment C-Amendments to Standard Agreement for Engineering Services Attachment D - Project Schedule Attachment E - Location Map Duly executed by each party's designated representative to be effective on the date subscribed by the City's designated Assistant City Manager. BY: BY: CITY OF FORT WORTH CONSULTANT Ecosystem Planning and Restoration (EPR) Dana Burghdoff(Jan 28,20 9:23C5 Dana Burghdoff Clarence H. Kaiser III Assistant City Manager Principals,, 'fin Date: Jan 28,2021 Date: �� "► v`� APPROVAL RECOMMENDED: IJJ.n_L__ By: William Johnw (Jan26,202113:02 CST) William M. Johnson Director, Transportation & Public Works City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:11.07.17 Page 8 of 9 FT.WORTH, TX Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting Form 1295 No. requirements. M&C No.: Clair Davis, P.E., CFM M&C Date: Floodplain Administrator APPROVED AS TO FORM AND LEGALITY ATTEST: p��aF°FoRr'aa dd fseaqp� rr t. C� o g a By: Mack(Jan 27,202118:03 CS77 or Ronald P.Gonzales(Jan 8,202110:11 CST) 0 a* d 77 Douglas W. Black Mary J. Kayser ��� 0°°°°°°°°°°° p a��Ex4 Assistant City Attorney City Secretary City of Fort worth,Texas OFFICIAL RECORD Standard Agreement for Professional Services CITY SECRETARY Revision Date:11.07.17 Page 9 of 9 FT.WORTH, TX ATTACHMENT "A" Scope for Engineering Design Related Services for Storm Water Improvements Projects The scope set forth herein defines the work to be performed by the ENGINEER in completing the project. Both the CITY and ENGINEER have attempted to clearly define the work to be performed and address the needs of the Project. Under this scope, "ENGINEER" is expanded to include any sub-consultant, including surveyor, employed or contracted by the ENGINEER. OBJECTIVE Ecosystem Planning & Restoration (ENGINEER) has been tasked with analyzing the cumulative impacts within a watershed by studying changes to peak flood flows and runoff volumes over time due to changes in land use and valley storage due to allowable encroachments within the floodplain. Changes in land use and losses in valley storage within the White's Branch watershed will be analyzed using the latest versions of HEC-HMS and HEC-RAS hydrologic and hydraulic modeling software. WORK TO BE PERFORMED Cumulative Impacts Analysis—White's Branch (SWS-084) Task 1. Data Collection and Review Task 2. Limited Field Verification Task 3. Watershed Evaluation Task 4. Existing Watershed Condition Modeling Task 5. Impact Analysis Task 6. Significance of Impacts Evaluation & Recommendations Task 7. Impact Assessment Report Task 8. Project Administration and Meetings TASK 1. DATA COLLECTION AND REVIEW ENGINEER will work with the City to identify relevant existing data needed for the watershed evaluation and impact analyses. Data will include, but is not limited to: • Current and historic data such as hydrologic and hydraulic models, watershed maps and hydraulic work maps, topographic data, LiDAR, and aerial photography • Available historic and current rain gauge and/or rainfall data • Historic flood data, such as high-water marks/inundation maps/photos • Local flood hazard mapping • Available drainage reports for existing developments • Current regulatory models and supporting documentation • Erosion Hazard mapping, geology and soils reports City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 1 of 9 • Water Quality information • GIS database of CITY infrastructure such as roads, utilities, storm drain systems, bridges and culverts, detention/retention facilities • GIS database for parcel and land use, zoning • Documented flooding/erosion complaints, such as 411 calls and other known problem areas and repetitive maintenance areas • Historic and current CITY development and stormwater guidelines • Repetitive loss data, water rescue logs, and recorded deaths due to flooding The data collected a will be catalogued and reviewed, and data gaps will be identified. ASSUMPTIONS • All necessary data will be loaded by CITY onto a portable storage device provided by ENGINEER. Data not included on the storage device is available for download on the CITY website. DELIVERABLES A. Data catalog of the files in digital Excel and PDF format that will document the files to be reviewed for use in the Watershed Evaluation (Task 3)and Impact Analysis (Task 5). This will be included as an attachment in the Impact Assessment Report TASK 2. LIMITED FIELD VERIFICATION. Limited field verification will be conducted to clarify drainage patterns and other key items identified in Task 1 to inform the watershed evaluation. The field verification will be limited to windshield surveys and areas where access is not hindered. Field notes and photos will be documented. ASSUMPTIONS • Personnel and Vehicle Identification: When conducting site visits to the project location, the ENGINEER or any of its sub-consultants shall carry readily visible information identifying the name of the company and the company representative. • Out of town travel costs are not included in the scope and fee. TASK 3. WATERSHED EVALUATION. As described in our methodology in Attachment A, watershed variables will be evaluated to determine the impacts of urbanization on the White Branch Basin. Baseline Conditions Model Development ENGINEER will develop pre-development hydrologic and hydraulic watershed condition models to establish the baseline conditions based on the information collected from Task 1 City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 2 of 9 and Task 2. The purpose of the baseline models is to estimate the watershed condition prior to urban development and establish historic flow patterns, peak flows, and stream conditions to the extent possible. The year that is selected as the baseline condition will be determined based on the historic data collected and available to develop the model. The design criteria used for the baseline conditions will be based on the City development criteria for the baseline year. A range of flow events will be modeled including the return frequencies discussed and agreed upon during the kickoff meeting. The most current versions of HEC- HMS and HEC-RAS hydrologic and hydraulic modeling software will be used to establish baseline conditions. The model results will be reviewed and accepted by City staff before proceeding with the sensitivity analysis. Sensitivity Analyses As described in our methodology in Attachment A, a sensitivity analyses will be conducted on selected model variables and combination scenarios. The goal of the sensitivity analysis is to identify what variables have the most influence on peak flows and runoff volume to assist with the evaluation of the effectiveness of the current design guidelines. A range of flow events will be modeled including the return frequencies agreed upon during the project kickoff meeting to compare to the baseline conditions. Hydrologic Modeling — ENGINEER will develop up to ten (10) models using HEC-HMS to test the sensitivity of the selected variables and various combinations. Hydraulic Modeling — ENGINEER will develop hydraulic models using HEC-RAS in conjunction with the hydrologic models to assess flow volume changes. These models will also be used as part o f the Impact Assessment(Task 5). Where available, existing models will be used to inform the hydraulic modeling scenarios. Scenario Exhibits—ENGINEER will prepare GIS exhibits of the modeling scenario results. These exhibits will also include sub-basin delineation, streamlines, and land use. Floodplain mapping will also be provided for the baseline pre-development condition. Response Matrix— ENGINEER will develop a response matrix to document the results of the sensitivity modeling to compare with the results of the baseline condition models. This matrix will assist with evaluating the effectiveness of the current design guidelines in offsetting impacts due to development. ASSUMPTIONS • All Hydrologic and Hydraulic calculations shall conform to the current CITY iSWM Criteria Manual. • CITY will review Task 3 deliverables and ENGINEER will meet with CITY to discuss results and next steps. DELIVERABLES A. Catalog of models and scenarios in Excel format to accompany digital models. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 3 of 9 B. Exhibits for Scenarios in PDF format. C. Response Matrix in Excel and PDF formats. TASK 4. EXISTING WATERSHED CONDITION MODELING ENGINEER will review the existing FEMA regulatory hydrologic and hydraulic models to evaluate how well they represent the existing conditions and current development practices, and how future conditions are reflected in the modeling. The existing models will be revised as needed to capture development activities currently not accounted for in the modeling as described in our methodology (State of the Watershed) in Attachment A. A range of flow events will be modeled for comparison purposes. Detention/Retention — ENGINEER will estimate basin storage using available drainage reports and studies to estimate the detention/retention currently provided within the White Branch Basin. These estimates will be incorporated in the hydrologic model. Valley Storage— ENGINEER will incorporate unaccounted for valley storage using into the hydraulic model using HEC-RAS models. Where appropriate, models developed as part of the sensitivity analyses will be utilized. Floodplain Mapping — ENGINEER will map the floodplain based on the existing conditions model. Comparison of Results— ENGINEER will develop a comparison table to document the differences between the current regulatory model outputs and the existing conditions modeling outputs. Results will also be compared to the baseline conditions and the sensitivity analysis results. Results that will be compared may include peak flow, flow volumes, peak flow timing, water surface elevations, velocities, shear stress, and flood inundation (top widths). ASSUMPTIONS • All Hydrologic and Hydraulic calculations shall conform to the current CITY iSWM Criteria Manual. DELIVERABLES A. Existing Condition models in digital format. B. Detention/Retention summary and calculations in Excel format. C. Valley Storage summary in Excel format D. Comparison of Results Table in digital format City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 4 of 9 TASK 5. IMPACT ANALYSIS. ENGINEER will quantify the magnitude of the potential negative impacts of urbanization within the White Branch Basin in terms of flood risk and threats to public and private property,stream stability, and water quality as described in our methodology in Attachment A. A desktop assessment using GIS tools will be conducted for assessment areas within the White Branch Basin and determine the correlation between watershed response and flood risks. Assessment Reaches/Areas delineation — ENGINEER will divide the basin into assessment reaches and/or areas to assess impacts. The reaches or areas will be determined based on the results of Tasks 3 and 4. Areas that once had open channel flow but are now piped in storm drains will be identified as evaluation areas. Existing open channels will be identified as reaches. Risk Factors and Scoring—ENGINEER will assign a risk factor for each threat variable for a given assessment reach/area. Risk factors will be based on a scale to be determined based on discussions with the City. An overall, weighted risk factor will be used to assign a score for each assessment reach/area. Scores will reflect the relative magnitude of negative impacts to an assessment reach/area due to urbanization. Assessment reaches/areas will be scored for each of the modeled flow events(1-yr, 2-yr, 5-yr, 25-yr, 50-yr, and 100-yr return frequencies). Watershed Exhibits—ENGINEER will prepare exhibits to depict the various risk factors and scoring for each of the modeled flow events. ASSUMPTIONS • CITY will review Task 5 deliverables and ENGINEER will meet with CITY to discuss results and next steps. DELIVERABLES A. Watershed Exhibits depicting the results of the Impact Analysis in PDF format. B. GIS database containing the threat variable, risk factors and scoring. TASK 6. SIGNIFICANCE OF IMPACTS EVALUATION & RECOMMENDATIONS. Using the results of the Impact Analysis, ENGINEER will work with the City to determine what would be considered a significant impact that would warrant changes to the current design guidelines. ENGINEER will evaluate what potential changes to the current design guidelines would reduce the negative impacts within the watershed for future development. Additionally, ENGINEER will evaluate what measures could be implemented to reduce impacts from future development within the watershed. DELIVERABLES A. Table summarizing `significant' impacts, potential change to guidelines, and measures to address existing flooding issues. The table describing the findings of City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 5 of 9 reduced valley storage should include but not be limited to including the criteria below: Modeling Modeling Modeling Modeling Findings Findings Findings Findings Based on pre- Based on Based on pre- Based on development post- development post- conditions— development conditions— development has valley conditions— has valley conditions— storage where valley storage where valley storage has storage has (Baseline been reduced (Baseline been reduced Scenario) by Scenario) by development development as as 5 year event Determined 100 year Determined by Case event by Case Study Study Evaluation Evaluation (Existing (Existing Conditions Conditions Scenario ) Scenario ) 5 year event 100 year event Volume of Valley Storage provided (reaches) Acres of inundation Depth range of inundation on private properties Average increased private property inundation depth City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 6 of 9 Maximum increased private property inundation depth Depth range of inundation in roads Average increased road inundation depth Maximum increased road inundation depth Average Time of Concentratio n Number of flood prone properties Number of flood prone properties with increased flood risk (deeper inundation depths) Overall volume of runoff of the drainage basin Overall Erosion Risk Rating City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 7 of 9 Overall Water Quality Rating Report will include a table comparing modeling findings to actual reported flood incident information The report will also include a table of actual reported flood incidents in the case study area since 2000. This information will be provided by the city. Reported Flooding Type Count Structure Vehicle Rescue Property Other FEMA Classified Repetitive Loss Structure TASK 7. IMPACT ASSESSMENT REPORT. ENGINEER will prepare a report that explains the concern, documents the methodology to explain how the case study was performed and the findings of the Impact Analysis. The report will document the effectiveness of the current regulations and development guidelines and recommendations of changes that could reduce impacts from future development and its impact on valley storage. ASSUMPTIONS • CITY will review Task 7 deliverables and ENGINEER will meet with CITY to discuss results and conclusions and then ENGINEER will revise and finalize the report. City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 8 of 9 • Modeling developed as part of this project is not for the purposes of FEMA submittals DELIVERABLES A. Report and supporting documentation, including Attachments and Exhibits B. Digital data for all tasks TASK B. PROJECT ADMINISTRATION AND MEETINGS. ENGINEER will provide general project administration including effort to coordinate the City, invoice for work, and other administrative efforts related to executing this contract. Additionally, ENGINEER will attend up to five (5)—one (1) hour meetings, including a kick- off meeting with the City. These meetings are assumed to be conference calls due to the current COVID-19 safety protocols. ASSUMPTION • Attend a project kickoff meeting with CITY staff and other consulting firm to confirm and clarify scope, understand CITY objectives, and ensure modeling parameters and results will meet CITY requirements. • Additional detail pertaining to project administration and communication will be provided in the Work Plan. • Conduct and document project update meetings with CITY Project Manager as outlined in the Work Plan. • Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. • Prepare and submit monthly progress reports in the format provided by the respective CITY Department. • Prepare and submit baseline Project Schedule initially, and Project Schedule updates with a schedule narrative monthly, as required in Attachment D to this Standard Agreement and according to the City of Fort Worth's Schedule Guidance Document. DELIVERABLES A. Workplan including the final project schedule. B. Meeting summaries with action items C. Monthly invoices D. Monthly progress reports E. Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes City of Fort Worth,Texas Attachment A PMO Release Date:07/23/2012 Page 9 of 9 ATTACHMENT B COMPENSATION Design Services for Cumulative Impacts Analysis—White's Branch City Project No. SWS-084 Lump Sum Project I. Compensation A. The ENGINEER shall be compensated a total lump sum fee of $75,000 as summarized in Exhibit B-1 — Engineer Invoice and Section IV—Summary of Total Project Fees. The total lump sum fee shall be considered full compensation for the services described in Attachment A, including all labor materials, supplies, and equipment necessary to deliver the services. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. Partial payment shall be made to the ENGINEER monthly upon City's approval of an invoice prepared and submitted by the ENGINEER in the format and including content as presented in Exhibit B-1, Progress Reports as required in item III. of this Attachment B, and Schedule as required in Attachment D to this Agreement. B. The estimated current physical percent complete as required on the invoice shall be calculated from the progress schedule as required in Attachment D to this Standard Agreement and according to the current version of the City of Fort Worth's Schedule Guidance Document. C. The cumulative sum of such monthly partial fee payments shall not exceed the total current project budget including all approved Amendments. D. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department — Stormwater Management Division monthly progress reports and schedules in the format required by the City. City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 1 of 5 B-1 ATTACHMENT B COMPENSATION IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant Ecosystem Planning & $75,000 100 Restoration Proposed MBE/SBE Sub-Consultants Non-MBE/SBE Consultants TOTAL $ 75 000 100% Project Number& Name Total Fee MBE/SBE Fee MBE/SBE SWS-084 Cumulative Impacts Analysis $ 75,000 $ 0 0 % —White's Branch City MBE/SBE Goal = 0 % Consultant Committed Goal = 0 % City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 2 of 5 B-2 2 � 2 � � ) � - � k k .0 / k CL § k � © ( V - ° q § � § o « d | ° k � - ; 0 %) 21a §� ( « « k �§ > ®� ! 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"1.5 `r® 0 \)§/ ATTACHMENT B COMPENSATION EPR Ecosystem Planning and Restoration 17575 North Eldridge Parkway Building C Tomball,TX 77377 832-399-3400 City of Fort Worth Transportation and Public Works Department Stormwater Management Division 1000 Throckmorton Street, Room G14a Invoice number XX (DATE) Date (DATE) Fort Worth,Texas XXXXX Project SATOOXX_Cumulative Impacts Analysis-White's Services Provided Through [date to date] Branch Contract Percent Description Amount Complete Prior Billed Total Billed Current Billed Task 1:Cumulative Impacts Analysis 75,000.00 0.00 0.00 0.00 0.00 Total 75,000.00 0.00 0.00 0.00 0.00 Invoice total 0.00 Approved by: Lora K. Birney Office Administrator Net 30 City of Fort Worth Invoice number EPR-XXXX Invoice date(Date) Page 1 of 1 City of Fort Worth,Texas Attachment B PMO Official Release Date:8.09.2012 Page 4 of 5 B-4 ATTACHMENT "C" CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Professional Services for Cumulative Impacts Analysis—White's Branch City Project No. SWS-084 Strike "material change"from Article VI — Insurance, Part (2) d. City of Fort Worth,Texas Attachment C PMO Release Date:05.19.2010 Page 1 of 1 FORT WORTH ATTACHMENT "D" PROJECT SCHEDULE A. ENGINEER Project Schedule Development ENGINEER shall prepare a project schedule for the services to be provided in fulfilling the requirements of the Agreement and encompassing the Scope of Work defined in Attachment A to the Agreement. ENGINEER shall prepare and maintain project schedule throughout the life of the project as defined in the Agreement in compliance with the City's Specification 00 31 15 entitled Engineer Project Schedule. ENGINEER's project schedule will follow the Critical Path Methodology (CPM) for planned sequencing of the work activity and timing of the work. B. Schedule "Tier" Selection City has identified three "Tier" levels for project schedules as defined in City's Specification 00 31 15, to align with the size and complexity of the project as a basis for schedule development. City's Project Manager will determine the "Tier' level for the ENGINEER's project schedule as part of the negotiation of the Agreement. C. Project Baseline Schedule ENGINEER will produce an initial project schedule and submit as a "baseline" for review and acceptance by City's Project Manager as defined in City's Specification 00 31 15 which will be referred to as the Project Baseline Schedule. Updates to the baseline schedule follow the requirements of City's Specification 00 31 15. D. Project Progress Schedule ENGINEER will provide to the City, monthly updates to their project schedule indicating progress of the Work in compliance with the requirements of City's Specification 00 31 15 and said schedule will be referred to as the Project Progress Schedule. E. Master Project Schedule City will develop and maintain a master project schedule for the overall project. ENGINEER's project baseline and progress schedule submittals will be an integral part of the development and updating process of City's Master Project Schedule. City of Fort Worth,Texas Attachment D Revision Date:07.20.2018 Page 1 of 1 z ya Pil au!�l�upe�d �^' phlg sl,, '..� ►n Lt1 V 2 v! 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