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HomeMy WebLinkAboutContract 60531City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 1 of 9 CITY OF FORT WORTH, TEXAS STANDARD AGREEMENT FOR GENERAL PROFESSIONAL SERVICES This agreement (“Agreement”) is between the City of Fort Worth, a Texas home-rule municipality ("City"), and Woolpert, Inc. authorized to do business in Texas (“Consultant”), for a project generally described as: Erosion Risk Mapping (“Project”) – Project No. CPN 105094. Article I Scope of Services (1) Consultant hereby agrees to perform professional services as set forth in this Agreement and the Scope of Services, attached hereto as Attachment “A” (“Services”). These Services shall be performed in connection with the Project. (2) Additional services, if any, will be memorialized by an amendment to this Agreement. (3) All reports, whether partial or complete, prepared under this Agreement, including any original drawings or documents, whether furnished by City, its officers, agents, employees, consultants, or contractors, or prepared by Consultant, shall be or become the property of City, and shall be furnished to the City, prior to or at the time such services are completed, or upon termination or expiration of Agreement. Article II Compensation Consultant shall be compensated an amount up to $553,230.00 (“Contract Amount”) in accordance with the Fee Schedule shown in Attachment “B”. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for anything related to, performed, or furnished by Consultant in connection with Services for which payment is made, including any act or omission of City in connection with such Services. Article III Term Time is of the essence. The term of this Agreement shall commence on the Effective Date and shall continue until the expiration of the funds or completion of the subject matter pursuant to the schedule, whichever occurs first, unless terminated in accordance with the terms of this City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 2 of 9 Agreement. Unless specifically otherwise amended, the original term shall not exceed five years from the original effective date. Article IV Independent Contractor Consultant shall operate hereunder as an independent contractor and not as an officer, agent, servant, or employee of 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 Work performed by Consultant shall be performed in accordance with the standard of care ordinarily exercised by members of the same profession and comply in all aspects with all applicable local, state and federal laws and with all applicable, standards, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant’s work or work product 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 performance of the Services. Article VI Indemnification CONSULTANT, AT NO COST TO THE CITY, AGREES TO INDEMNIFY AND HOLD 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 CITY) OR SUBCONTRACTORS RELATED TO THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT. THIS SECTION SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT. City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 3 of 9 Article VII Insurance Consultant shall not commence work under this Agreement until it has obtained all insurance required under Attachment F and City has approved such insurance. Article VIII Force Majeure City and Consultant shall exercise their best efforts to meet their respective duties and obligations as set forth in this Agreement, but shall not be held liable for any delay or omission in performance due to force majeure or other causes beyond their reasonable control, including, but not limited to: acts of the public enemy, fires, strikes, lockouts, natural disasters, epidemics/pandemics, wars, riots, material or labor restrictions by any governmental authority and/or any other similar causes. Article IX Transfer or Assignment Consultant, its lawful successors and assigns, shall not assign, sublet or transfer any interest in this Agreement without prior written consent of City. Article X Termination of Contract (1) City may terminate this Agreement for convenience by providing written notice to Consultant at least 30-days prior to the date of termination, unless Consultant agrees in writing to an earlier termination date. (2) Either City or Consultant may terminate this Agreement for cause if either party fails to substantially perform, through no fault of the other and the nonperforming party does not commence correction of such nonperformance within 5 days after receipt of written notice or thereafter fails to diligently pursue the correction to completion. (3) If City chooses to terminate this Agreement, upon receipt of notice of termination by Consultant, Consultant shall discontinue Services on the date such termination is effective. City shall compensate Consultant for such services rendered based upon Article II of this Agreement and in accordance with Exhibit “B”. Article XI Right to Audit (1) Consultant agrees that City shall, until the expiration of three (3) years after final payment under Agreement, have access to and the right to examine any directly pertinent books, documents, papers and records of Consultant involving transactions relating to Agreement. Consultant agrees that City shall have access during normal City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 4 of 9 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 subcontractor agrees that 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 subcontractor(s), involving transactions to the subcontract, and further, that City shall have access during normal working hours to all subcontractor 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 subcontractor reasonable advance notice of intended audit. (3) Consultant and subcontractor(s) agree to photocopy such documents as may be requested by City. 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 XII Business Equity Participation City has goals for the full and equitable participation of minority business and/or women business enterprises in City contracts greater than $100,000. In accordance with City’s Business Equity Ordinance No. 25165-10-2021 (replacing Ordinance No. 24534-11-2020, as codified in Chapter 20, Article X of the City’s Code of Ordinances, as amended, and any relevant policy or guidance documents), Consultant acknowledges the MBE and WBE goals established for Agreement and its execution of this Agreement is Consultant’s written commitment to meet the prescribed MBE and WBE participation goals. Any misrepresentation of facts (other than a negligent misrepresentation) and/or the commission of fraud by Consultant may result in the termination of Agreement and debarment from participating in City contracts for a period of time of not less than three (3) years. Article XIII 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 Agreement and the work hereunder, and shall observe and comply with all orders, laws ordinances and regulations which may exist or may be enacted later by governing bodies having jurisdiction or authority for such enactment. No plea of misunderstanding or ignorance thereof shall be considered. 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 or its subcontractor(s). City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 5 of 9 Article XIV Immigration Nationality Act Consultant shall verify the identity and employment eligibility of its employees and employees of all subcontractor(s) who perform work under Agreement, including completing the Employment Eligibility Verification Form (I-9). Upon request by City, Consultant shall provide City with copies of all I-9 forms and supporting eligibility documentation for each employee who performs work under 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 Agreement for violations of this provision by Consultant. Article XV Venue and Jurisdiction If any action, whether real or asserted, at law or in equity, arises on the basis of any provision of 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. Agreement shall be construed in accordance with the laws of the State of Texas. Article XVI Contract Construction/No Waiver The parties acknowledge that each Party and, if it so chooses, its counsel, have reviewed and revised Agreement and that the normal rule of contract construction, to the effect that any ambiguities are to be resolved against the drafting party, must not be employed in the interpretation of Agreement or any amendments or exhibits hereto. The failure of City or Consultant to insist upon the performance of any term or provision of this Agreement or to exercise any right granted herein shall not constitute a waiver of City's or Consultant’s respective right to insist upon appropriate performance or to assert any such right on any future occasion. Article XVII Severability The provisions of Agreement are severable, and if any word, phrase, clause, sentence, paragraph, section or other part of Agreement or the application thereof to any person or circumstance shall ever be held by any court of competent jurisdiction to be invalid or City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 6 of 9 unconstitutional for any reason, the remainder of Agreement and the application of such word, phrase, clause, sentence, paragraph, section, or other part of Agreement to other persons or circumstances shall not be affected thereby and Agreement shall be construed as if such invalid or unconstitutional portion had never been contained therein. Article XVIII Notices Notices regarding Articles IX or X are to be provided 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: Ranjan S. Muttiah Stormwater Management, TPW 1000 Throckmorton Street Fort Worth, Texas 76102 Consultant: Woolpert, Inc. Attn: J. P. Johns, PE 11750 Katy Fwy., Suite 1260 Houston, TX 77079 All other notices may be provided as described above or via electronic means. Article XIX Prohibition On Contracts With Companies Boycotting Israel Consultant, unless a sole proprietor, acknowledges that in accordance with Chapter 2271 of the Texas Government Code, if Consultant has 10 or more full time-employees and the contract value is $100,000 or more, 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 if Chapter 2271, Texas Government Code applies, Consultant: (1) does not boycott Israel; and (2) will not boycott Israel during the term of the contract. City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 7 of 9 Article XX Prohibition on Boycotting Energy Companies Consultant acknowledges that in accordance with Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more, which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of the contract. The terms “boycott energy company” and “company” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 13, § 2). To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant: (1) does not boycott energy companies; and (2) will not boycott energy companies during the term of this Agreement. Article XXI Prohibition on Discrimination Against Firearm and Ammunition Industries Consultant acknowledges that except as otherwise provided by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1), the City is prohibited from entering into a contract for goods or services that has a value of $100,000 or more which will be paid wholly or partly from public funds of the City, with a company (with 10 or more full-time employees) unless the contract contains a written verification from the company that it: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate during the term of the contract against a firearm entity or firearm trade association. The terms “discriminate,” “firearm entity” and “firearm trade association” have the meaning ascribed to those terms by Chapter 2274 of the Texas Government Code (as added by Acts 2021, 87th Leg., R.S., S.B. 19, § 1).To the extent that Chapter 2274 of the Government Code is applicable to this Agreement, by signing this Agreement, Consultant certifies that Consultant’s signature provides written verification to the City that Consultant: (1) does not have a practice, policy, guidance, or directive that discriminates against a firearm entity or firearm trade association; and (2) will not discriminate against a firearm entity or firearm trade association during the term of this Agreement. Article XXII 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 Agreement. City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 8 of 9 11/06/2023 Article XXIII 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 Agreement: Attachment A - Scope of Services Attachment B – Compensation Attachment C - Changes to Agreement Attachment D - Project Schedule Attachment E - Location Map Attachment F – Insurance Requirements Duly executed by each party’s designated representative to be effective on the date subscribed by the City’s designated Assistant City Manager. BY: CITY OF FORT WORTH BY: CONSULTANT William Johnson Assistant City Manager Date:__________________ Woolpert, Inc. J.P. Johns, PE Vice President Date:____________________________ ATTEST: Jannette Goodall City Secretary APPROVAL RECOMMENDED: By: Lauren Prieur Director, Transportation & Public Works City of Fort Worth, Texas Erosion Risk Mapping Standard Agreement for Professional Services CPN 105094 Revision Date: November 23, 2021 Page 9 of 9 APPROVED AS TO FORM AND LEGALITY By: Douglas W Black Sr. Assistant City Attorney Form 1295 No.: 2023-1072489 M&C No.:_______________________ M&C Date: 10/31/2023 Contract Compliance Manager: By signing, I acknowledge that I am the person responsible for the monitoring and administration of this contract, including ensuring all performance and reporting requirements. ______________________________ Ranjan S. Muttiah, Senior Professional Engineer City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 1 of 10 1 ATTACHMENT “A” Scope for Engineering Related Services for the Development of City-Wide Erosion Risk Mapping 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 Urban streambank erosion refers to the process by which the banks of streams or rivers located in urban areas are degraded and eroded over time. This erosion can be caused by a range of factors, including increased water flow due to stormwater runoff, altered stream channels, and changes in land use within the watershed. The effects of urban streambank erosion can be significant, including the loss of valuable land and damage to infrastructure such as bridges and roads. The City of Fort Worth is interested in minimizing these effects by developing stream setback zones for the streams and significant tributaries throughout the City that are under jurisdiction of the City. The City of Fort Worth selected Woolpert to map city creeks with erosion setback zones by implementing a “locally appropriate” methodology. WORK TO BE PERFORMED Year – 1 Duration of task order: 365 Days Area of coverage: Streams within the City limits of City of Fort Worth The following task orders are contemplated under this contract. Specific task orders, in coordination with the City’s Project Manager (PM), involving scope and not-to-exceed budget specific to each task order will be developed and issued prior to commencement of work. TASK 1 PROJECT MANAGEMENT ENGINEER will manage the work outlined in this scope to ensure efficient and effective use of ENGINEER’s and CITY’s time and resources. ENGINEER will manage change, communicate effectively, coordinate internally and externally as needed, and proactively address issues with the CITY’s Project Manager and others as necessary to make progress on the work. Task 1.1 Managing the Team Lead, manage and direct design team activities Ensure quality control is practiced in performance of the work Communicate internally among team members Task and allocate team resources City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 2 of 10 2 Task 1.2 Communications and Reporting Attend a project kickoff with CITY staff to confirm and clarify scope, understand CITY objectives. Conduct and document weekly/bi-weekly project update virtual meetings with CITY Project Manager. Conduct review meetings with the CITY at the end of each Task. Conduct and document weekly project team meetings. Prepare invoices, in accordance with Attachment B to this Standard Agreement and submit monthly in the format requested by the CITY. 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. Coordinate with other agencies and entities as necessary for the successful completion of the project. 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. ASSUMPTIONS 40 (weekly in the first phase of the project, as needed after that) project update virtual meetings with CITY Project Manager 3 in-person project update meeting with the City Project Manager 52 internal project team meetings TASK 2 – DATA COLLECTION AND GAP ANALYSIS Task 2.1 Data Collection In coordination with City officials collect project relevant City maintained data to include, but not limited to: - Available LiDAR datasets - Available Mobile LiDAR data - Historical topographic data - High resolution aerial imagery (present and historical) - Planning and zoning information - Stormwater infrastructure inventory (outfall locations) - Stream control structure inventory - FEMA effective floodplain & FIS channel profile - City future flood risk data - Soil survey data City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 3 of 10 3 -Geology maps - City maintenance & customer complaint records for erosion - Past CIP projects for erosion control - Geo-tech boring from CIP projects - HEC-HMS, HEC-RAS, ICM models from past H&H studies - Rainfall records - History of floods - Wetland inventory - Watershed boundary - Land Use / Land Cover - Base data such as city boundary, parcels, streets - Other relevant data Task 2.2 Review collected data in Tasks 2.1 and 2.2 and conduct a quality analysis. Task 2.3 Perform data gap analysis, identify alternative data sources for areas with lack of data, such as, stream sections covered by dense canopy. Task 2.4 Data integration, including georeferencing, format conversion. Task 2.5 Data processing and feature extraction, including slope analysis and drainage area delineation. ASSUMPTIONS The CITY will provide field staff to conduct limited field visits for purpose of confirm/validating LiDAR and aerial imagery TASK 3 – STREAM & CHANNEL BANK DELINEATION Using the information collected in Task 3, the ENGINEER will apply the following geospatial methods to approximate stream centerlines and stream left and right bank locations, as well as identifiable scour holes at major outfalls. Task 3.1 LiDAR Derivatives 3.1.1 Low Elevation Determination The ENGINEER will utilize the LiDAR point cloud to determine the lowest elevation of the channels. This will be achieved by analyzing the ground classified points in an automated fashion with a manual review/QC to ensure accuracy. These will be z- enabled polyline features, with every vertex having a height value. 3.1.2 Water Detection The ENGINEER will run an automated process on the LiDAR point cloud that detects the presence of water to create the drainage polygon features. If a channel is too narrow or obscured to detect water, a polygon will not be created. A digital elevation model (DEM) will be built, and a manual review/QC is then performed to ensure that the resulting polygons accurately capture the water’s edge on both banks. These will be z-enabled features, with every vertex having a height value. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 4 of 10 4 3.1.3 Slope Analysis The ENGINEER will utilize the LiDAR point cloud and an automated approach to calculate the slope of the banks adjacent to the hydro polygon features extracted. A slope analysis of the DEM will also provide insight to where the toe and top delineation exists. Where channels are too narrow/obscured to identify water to delineate a polygon, the slope will be measured from the polyline indicating the lowest elevation of the channel. A manual review/QC will be performed to determine if there are any banks that cannot be accurately depicted using these methods. Those areas will be marked for further review by the Stereo Compilation team. 3.1.4 High Elevation Determination The ENGINEER will analyze the LiDAR point cloud as well as the DEM to determine the highest elevation of the banks surrounding the channels. This will result in a z-enabled polyline for each bank of each stream in which every vertex will have an elevation value. 3.1.5 Quality Control The ENGINEER will compile all extracted data into final deliverable formats and perform QC checks to ensure that all features are logically placed and are a cohesive dataset. Note: in any instance where the LiDAR point cloud or DEM is not sufficient to extract any of the features listed above, a traditional stereo compilation approach will be used to fill in the gaps. Please note that there may be slight differences between the LiDAR and Imagery if they were not simultaneously co-collected. Task 3.2 Traditional Stereo Compilation Method 3.2.1 Slope Detection Using stereo models and aerial triangulation results, the 6-inch imagery and LiDAR ground points, will provide the compilers a 3D view of the images, allowing features to be seen with respective elevation values. Compilers will stereoscopically collect streams (double line and single) toe and top of slopes as defined above. The elevation of the derived vertices will match adjacent LiDAR points when present. If the toe of slope is not at the river's edge, it will be collected as Figure 1 and 2 depicts. 3.2.2 Data Compilation ENGINEER will compile all extracted data into final deliverable formats and perform QC checks to ensure that all features are logically placed and are a cohesive dataset. This method will be used on both 2015 and 2019 datasets for the pilot area described below. If features are not visible in the imagery, the obscured area polygon will be used to represent that area. Task 3.3 Drainage Polygon – Imagery Analysis Utilizing the orthophotos from the various acquisition years, the double line stream, defined by the presence of visible water with be extracted. This is a 2D product intended to show how the water moved through the channels over the years. The delineation of the water features will represent the presence of water only at the time of acquisition. Thus, ephemeral streams that were dry at the time of acquisition will not be depicted in this analysis. This data is intended to serve as a complementary product to the LiDAR and Stereo derivatives as the source data is not guaranteed to match the other input datasets. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 5 of 10 5 Figure 1: Blue- edge of water polygon, Gold- toe of slope, Pink- top of bank Figure 2: Blue- edge of water polygon, Gold- toe of slope, Pink- top of bank City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 6 of 10 6 Figure 3: Artificial path Task 3.4 Cross Section Profiles Utilizing the HEC-RAS automated cross-section tool and the stream and high bank alignments developed tin Tasks 4.1 to 4.3, the ENGINEER will develop cross-section profiles for both the 2015 and 2019 LiDAR data sets. Cross-section will be cut at approximately 100-ft intervals. Additional cross-sections will be cut if necessary to define abrupt changes in the sinuosity of the channel. A QC of the cross-section will be performed within HEC-RAS to confirm bank locations seem reasonable. Task 3.5 Sinuosity Determination The ENGINEER will develop a GIS algorithm that calculates the level of sinuosity for the stream and left and right channel banks. The algorithm will calculate the radius of curvature along each vertex of the bank lines by using the least-squares method for best-fitting upstream and downstream bank locations to a circle. ASSUMPTIONS The level of effort is considering the delivery of the below products for named channels up to 63 linear miles Drainage polygons will only be extracted when the water feature is large enough / identifiable within the LiDAR or imagery Toe will only be extracted when the channelization is large enough / definable in the LiDAR; otherwise, the artificial path will represent the toe as the lowest elevation within the channel City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 7 of 10 7 Feature extraction from both LiDAR and imagery will be limited to the visibility – features that are obstructed will not be extracted, rather represented by the obscured area polygons The above Input Data Sources will be provided prior to project kick off TASK 4 – DEVELOP STREAM BED AND BANK CUT ALGORITHMS In coordination with the CITY Project Manager, the ENGINEER will develop a method to estimate stream bed and bank cut erosion rate that is appropriate for the City. Developing stream bed and bank erosion algorithms is a multi-step process that takes into account the major contributing factors to erosion in streams and rivers. The three most important variables that will be focused on are the soils and rock types, current and future flow regimes, and existing and past stream geometry. Task 4.1 Evaluate Existing Data The data collected in Task 2 will be scrutinized for suitability for developing the erosion and setback algorithms to be used for the mapping portion of the project. In addition to the GIS coverages, data on the physical characteristics of the stream or river, such as, flow rate records and models, vegetated cover, and information on the stream's past behavior, such as historic erosion rates and channel migration will be evaluated. Drainage area and percent imperviousness will be used to plot against the 2-year flow. Task 4.2 Develop Erosion Equations Develop equations that describe the processes of stream bed and bank erosion using the gathered data. Development of algorithms to determine channel erosivity will include use of equations used in the erosion and sediment control industry. Such equations include USDA’s slope stability charts, the Hoffmans scour equations, the Briaud method of observation of meander movement (OMM) method, Lane’s principle for the D50 sediment yield, USDA’s channel threshold equations, and others. The result of using the equations and principles is a prediction of stream degradation as expressed as channel widening rate in units per year. Past erosion rates and future changes in CN and imperviousness are important factors in the prediction as well as soil and rock type data. Task 4.3 Field verification This task involves some minimum field visits where there are gaps in the previously gathered data. Field visits will include verification of soil types, D50 of bed material samples, investigation of rock type at the toes of channels (marl, limestone, shale, etc.), channel dimensions, and actively occurring channel bank erosion. Most, if not all, of these visits will be performed from road crossings generally driving east-west since rock layer formations generally run north-south. The number of field visits will be based on heterogeneity of rock for the reach, but the level of effort will be time-based. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 8 of 10 8 Task 4.4 Validate the Equations A series of validation tests will be conducted in selected stream segments to validate the equations by comparing their predictions to observed erosion rates in the streams or rivers. This will ensure that the equations are accurate and reliable. Top-of-bank and toe-of-bank migration analysis results from the cross-section profile comparisons between the 2015 and 2019 LiDAR as well as historical aerial imagery will be used to aid in model calibration. Task 4.5 Develop the Algorithms Once the equations have been validated, they will be used to develop algorithms to predict the erosion rates in the streams in the City over time. The City will determine the desired time intervals (e.g. 10, 30, 50-years) to be predicted. These algorithms will take into account changes in the physical characteristics of the stream, such as changes in flow rate or sediment load. The algorithm will use the equations to determine bank locations along each cross-section for different periods of time in the future. These points will have a safety factor applied and then the points will be connected along the terrain between cross-sections to create the setback polygons. Task 4.6 Pilot Segment Tests The ENGINEER in coordination with the CITY Project Manager will identify one named stream for purpose of a pilot (test) study. The pilot study will be limited to approximately 3 miles of stream section. The purpose of the pilot study is to test the approach outlined in Tasks 4 and 5 before implementing it city wide. The stream segments will have different erosion processes; one with slope instability based on soil types and the other with bank cutting based on rock type. The stream segments that have historical records related to stream bed and bank erosion, as well as have validated H&H models will be selected by the City and the project team to act as pilot test segments for the algorithms. A past condition and date will be used as a starting point based on historical observations and records. Simulations of the algorithms will be run from those conditions to current conditions and the calculated erosion rates will be compared to the observed erosion rates. If necessary, the algorithms will be calibrated to the results of the pilot study. ASSUMPTIONS The City will provide Q2 data The City will provide regression line of Q2 versus impervious cover and drainage area data The City will provide master plot for Sycamore or Henrietta Creek (whichever is chosen). City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 9 of 10 9 TASK 5 – DEVELOP SCOUR HOLE ALGORITHMS (Scour algorithms will be developed in the second task order) TASK 6 – DEVELOP STREAM SETBACKS (25%) After successfully validating the methodology to define approximate stream setback limits (Task 4), the ENGINEER will coordinate with the CITY project manager in developing in applying this method to 25% of the city streams (63 miles). Task 6.1 Workflow Routines The ENGINEER will develop workflow and program routines to apply algorithms programmatically to City wide streams. Task 6.2 Establish Setback Coverages The ENGINEER will establish setback coverages for the selected time intervals. This task involves taking the points along cross-sections developed in Task 4 and creating setback polygons. A polygon layer for each future period (i.e., 10 years, 20 years, 30 years, etc.) will be created by intersecting the setback points’ elevations for each time period with the DEM. The line where the two elevations intersect will be the setback line. Task 6.3 Quality Assurance and Quality Control The ENGINEER will perform QA/QC of the preliminary setback estimates and refine the setbacks, as needed. Task 6.4 Prepare Study Report The ENGINEER will develop a comprehensive study report documenting the methodologies applies, assumptions made, and results of the analysis. ASSUMPTIONS The stream set back will be limited to up to 63 miles along named streams within the city limits as chosen by the City. City of Fort Worth, Texas Attachment A PMO Release Date: 07/23/2012 Page 10 of 10 10 Deliverables of this task order: TASK 1 PROJECT MANAGEMENT Meeting summaries with action items Monthly invoices Monthly progress reports Baseline design schedule Monthly schedule updates with schedule narrative describing any current or anticipated schedule changes TASK 2 – DATA COLLECTION AND GAP ANALYSIS None TASK 3 – STREAM & CHANNEL BANK DELINEATION Two (2) Esri File Geodatabase one for 2015 and one for 2019 with the following: Artificial path Drainage Polygons Toe of Slope Top of Slope (Bank) Obscured Areas One (1) Esri File Geodatabase with feature classes representing the various orthoimagery collected (2015, 2019, 2021) of the following: Drainage Polygons (x3) TASK 4 – DEVELOP STREAM BED AND BANK CUT ALGORITHMS Technical memorandum documenting the development of algorithms and the pilot study findings. TASK 5 – DEVELOP SCOUR HOLE ALGORITHMS None TASK 6 – DEVELOP STREAM SETBACKS (25%) An electronic geodatabase to include any maps, as well as tabular and/or spatial information used or developed for the study, and new data files produced describing the City’s stream setback. Draft report documenting the methodologies used in the study and results of the analysis. Final report documenting the methodologies used in the study and results of the analysis. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 1 of 4 B-1 Design Services for Fort Worth Erosion Risk Mapping City Project No. 105094 Time and Materials with Rate Schedule Project I. Compensation A. The ENGINEER shall be compensated for personnel time, non-labor expenses, and subcontract expenses in performing services enumerated in Attachment A as follows: i.Personnel Time. Personnel time shall be compensated based upon hours worked directly in performing the PROJECT multiplied by the appropriate Labor Category Rate for the ENGINEER’s team member performing the work. Labor Category Rate as presented in the rate schedule table below is the rate for each labor category performing the work and includes all direct salaries, overhead, and profit. Labor Category 2023-24 Rate ($/hour) 2024-25 Rate ($/hour) Project Principal 435 452 Project Director 350 364 Project Manager 230 239 Subject Matter Expert 350 364 Senior GIS Prof. 195 203 GIS Analyst 135 140 Senior Engineer 270 281 Project Engineer 200 208 Engineer-In-Training 150 156 Geotech PE 200 208 Field Tech EIT 100 104 Sr. Field Tech 150 156 Business Manager 90 94 ii. Non-Labor Expenses. Non-labor expenses shall be reimbursed as Direct Expenses at invoice or internal office cost. Direct Expenses (non-labor) include, but are not limited to, mileage, travel and lodging expenses, mail, supplies, printing and reproduction services, other direct expenses associated with delivery of the work; plus applicable sales, use, value added, business transfer, gross receipts, or other similar taxes. iii. Subcontract Expenses. Subcontract expenses and outside services shall be reimbursed at cost to ENGINEER plus a markup of ten percent (10%). ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 2 of 4 B-2 iv. Budgets. ENGINEER will make reasonable efforts to complete the work within the budget and will keep the City informed of progress toward that end so that the budget or work effort can be adjusted if found necessary. ENGINEER is not obligated to incur costs beyond the indicated budgets, as may be adjusted, nor is the City obligated to pay ENGINEER beyond these limits. If ENGINEER projects, in the course of providing the necessary services, that the PROJECT cost presented in Article 2 of this Agreement will be exceeded, whether by change in scope of the project, increased costs or other conditions, the ENGINEER shall immediately report such fact to the City and, if so instructed by the City, shall suspend all work hereunder. When any budget has been increased, ENGINEER’s excess costs expended prior to such increase will be allowable to the same extent as if such costs had been incurred after the approved increase. B. The ENGINEER shall be paid monthly payments as described in Section II - Method of Payment. II. Method of Payment A. The ENGINEER shall be paid by the City based upon an invoice created on the basis of statements prepared from the books and records of account of the ENGINEER, based on the actual hours and costs expended by the ENGINEER in performing the work. B. Each invoice shall be verified as to its accuracy and compliance with the terms of this Agreement by an officer of the ENGINEER. C. ENGINEER shall prepare and submit invoices in the format and including content as presented in Exhibit B-1. D. Payment of invoices will be subject to certification by the City that such work has been performed. III. Progress Reports A. The ENGINEER shall prepare and submit to the designated representative of the Transportation and Public Works Department monthly progress reports and schedules in the format required by the City. ATTACHMENT B COMPENSATION City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 3 of 4 B-3 IV. Summary of Total Project Fees Firm Primary Responsibility Fee Amount % Prime Consultant $553,230 95% Woolpert, Inc. Proposed MWBE Sub-Consultants HVJ North Texas – Chelliah Consultant, Inc. $28,000 5% Non-MWBE Consultants TOTAL $___553,230___ 100% Project Number & Name Total Fee MWBE Fee MWBE % Fort Worth Stream Setback $__553,230______ $__28,000___ ___5___% City MWBE Goal = 5% Consultant Committed Goal = 95 % EXHIBIT “B-1” ENGINEER INVOICE (Supplement to Attachment B) City of Fort Worth, Texas Attachment B Revised Date: 12/9/2022 Page 4 of 4 B-4 Insert required invoice format following this page, including negotiated total budget and allocations of budgets across desired work types and work phases. City of Fort Worth, Texas Attachment C PMO Release Date: 05.19.2010 Page 1 of 1 ATTACHMENT “C” CHANGES AND AMENDMENTS TO STANDARD AGREEMENT Engineering Related Services for the Development of City-Wide Erosion Risk Mapping City Project No. 105094 Article II Compensation Consultant shall be compensated an amount up to $553,230.00 (“Contract Amount”) in accordance with the Fee Schedule shown in Attachment “B”. Payment shall be considered full compensation for all labor (including all benefits, overhead and markups), materials, supplies, and equipment necessary to complete the Services. Consultant shall provide monthly invoices to City. Payments for services rendered shall be made in accordance with the Texas Prompt Payment Act (Texas Government Code Ch. 2251). Acceptance by Consultant of said payment shall release City from all claims or liabilities under this Agreement for those Services, performed, or furnished by Consultant for which payment is made, including any act or omission of City in connection with such Services. Article V Professional Competence Work performed by Consultant shall be performed in accordance with the standard of care ordinarily exercised by members of the same profession and applicable local, state and federal laws, codes, rules and/or regulations promulgated by local, state and national boards, bureaus and agencies. Approval to proceed by City of Consultant’s work or work product 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 performance of the Services. City of Fort Worth, Texas Attachment D Revision Date: 07.20.2018 Page 1 of 1 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. 11/10/23. 11:53 AM CITY COUNCIL AGENDA Create New From This M8�C DATE: 10/31/2023 REFERENCE NO.: **M&C 23- 0943 CODE: C TYPE: CONSENT PUBLIC HEARING: 20EROSION RISK MAPPING M&C Review LOG NAME: NO �'0 RT �'4`� RT I I ��_ SUBJECT: (ALL) Authorize Execution of a Professional Services Agreement with Woolpert Inc., in the Amount of $553,230.00 for Erosion Risk Mapping with an Option to Renew for an Additional Year RECOMMENDATION: It is recommended that the City Council authorize execution of a Professional Services Agreement with Woolpert Inc., in the amount of $553,230.00 for Erosion Risk Mapping with an option to renew for an additional year. DISCUSSION: On November 12th, 2019, City Council approved Mayor and Council Communication (M&C) 19-0300 to develop a scientifically valid methodology to identify areas of the City along creeks that are experiencing or likely to experience erosion from stormwater runoff. Following completion of that effort, staff intends to apply the methodology to map erosion risk by setbacks for creeks citywide. Erosion setbacks will be determined by the expected erosion of creek banks over the next 30 to 50 years. The developed setback methodology will use high resolution elevation points collected by Laser Detection and Ranging (LiDAR) systems by creek cross-sections to determine creek bank features and appropriate setbacks based on creek bank erosion rates. The results from this project will guide the technical criteria for a Stormwater Management Program Erosion Policy that was identified as Level 1 priority by the Stormwater Management Program Master Plan which was adopted by City Council in 2018. The setback information will be used to help warn and communicate erosion risk to private property owners and developers as well as inform potential improvement and maintenance needs. This policy and future stakeholder engagement may be used to update city development ordinances and regulations and develop potential erosion setback criteria to protect property owners and development from current and future projected erosion risk along creeks. A Request for Qualifications (RFQ) for a variety of drainage engineering services was published in the Fort Worth Star-Telegram on July 29, 2021 and on August 5, 2021. Among the 17 firms that responded to the High Precision Survey and Geomorphic Services areas, Woolpert Inc. was selected for their engineering experience and qualifications based upon the advertised scoring criteria. This Indefinite Delivery Indefinite Quantity (ID/IQ) not-to-exceed contract will be performed by task orders for an initial one (1) year term, with an option to renew for an additional year. Staff considers the fee to be fair and reasonable for the contemplated scope of services. Funding is budgeted in the TPW Dept Highway & Streets Department's Stormwater Capital Projects Fund for the purpose of funding the Erosion Risk Mapping project, as appropriated. M/WBE Office-Woolpert Inc. is in compliance with the City's Business Equity Ordinance by committing to 5\% MWBE participation on this project. The City's MWBE goal on this project is 5\%. FISCAL INFORMATION/CERTIFICATION: The Director of Finance certifies that funds are available in the current capital budgets, as previously appropriated, in the Stormwater Capital Projects Fund for the Erosion Risk Mapping project to support the approval of the recommendation and execution of the agreement. Prior to any apps.cfwnet.org/council_packeUmc_review.asp?I D=31569&councildate=10/31 /2023 1 /2 11/10/23, 11:53 AM M&C Review expenditure being incurred, the Transportation & Public Works Department has the responsibility to validate the availability of funds. Fund I Department I Account Project I Program Activity I Budget I Reference # Amount ID ID Year (Chartfield 2) OM Fund De artment Account Pro'ect Pro ram Activit Bud et Reference # Amount p ID I� ID I g � Year I(Chartfield 2) Submitted for City Manager's Office by_ Originating Department Head: Additional Information Contact: William Johnson (5806) Lauren Prieur (6035) Monty Hall (8662) ATTACHMENTS 20EROSION RISK MAPPING FID (1).xlsx (CFW Internal) 20EROSION RISK MAPPING funds availability,pdf (CFW Internal) 230913 Comp Memo 105094 Erosion Risk Mapping Signed Al.pdf (CFW Internal) Woolpert 1295 Certificate ErosionRiskMapping,pdf (CFW Internal) apps.cfwnet.org/council_packeUmc_review.asp?ID=31569&councildate=10/31/2023 2/2 FORTWORTH �� Routing and Transmittal Slip TPW Stormwater Manaaemen1 DOCUMENT TITLE: Erosion Risk Mapping M8�C:23-0943 CPN:105094 CSO DOC Remarks: Purpose of this contract is to develop the technical criteria for erosion setbacks for creeks in the City. The deliverables will assist riparian protection policies, potential erosion setback standards in development, and to help determine situations that might require City involvement in erosion problems. The contract was approved by M&C (attached to contract) on 10/31 and has been reviewed by the Legal Department (Doug Black). DEPARTMENT INITIALS DATE 1. Ranjan Muttiah �W-PM F.,'� Nov 14, Zo2s 2. Stephen Nichols-SWM Prog Mgr. TPW- Initial S� No�z7,2oz3 3. JenniferM. Dyke, Asst. Dir TPW- Initial gmD Nov27,zo23 4. Lauren Prieur Dir. TPW- Signature ?� No�z�,zoz3 5. Dou Black Legal- Signature � No�z7,zoz3 6. William Johnson CMO-Signature No�2s,2o23 7. Ron Gonzales Approver �� No�2s,2o�3 8. Jan n ette Goodall CSO- Signature —� Nov 28, 2023 9. Allison Tidwell Form Filler c� Nov 28, 2023 DOCUMENTS FOR CITY MANAGER'S SIGNATURE: All documents received from any and all City Departments requesting City Manager's signature for approval MUST BE ROUTED TO THE APPROPRIATE ACM for approval first. Once the ACM has signed the routing slip, David will review and take the next steps. NEEDS TO BE NOTARIZED: ❑ Yes X No RUSH: ❑ Yes X No SAME DAY: ❑ Yes X No NEXT DAY: ❑ Yes X No ROUTING TO CSO: X Yes ❑ No Action Reguired: ❑ As Requested ❑ For Your Information X Signature/Routing and or Recording ❑ Comment ❑ File ❑ Attach Signature, Initial and Notary Tabs