HomeMy WebLinkAboutRFP - P1044 CONSULTING ENGINEERING SERVICESRequest for Proposal
Fort Collins Utilities
Consulting Engineering Services
West Orchard Detention Pond and Storm Drainage Improvement Project
and
Future Stormwater Facilities
Minor Capital Improvements
RFP P1044
PROPOSAL DATE: 3:00 p.m. (our clock) November 6, 2006
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
Proposal Number P1044
West Orchard Detention Pond and Plum Channel Improvement Project
And
Future Minor Capital Stormwater Projects
The City of Fort Collins is seeking proposals from firms for consulting engineering services.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our
clock), November 6, 2006. Proposal No. P1044. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Mark Taylor,
P.E. (970) 221-6700.
Questions regarding proposals submittal or process should be directed to Senior Buyer, Opal F. Dick,
CPPO (970) 221-6775.
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Request for Proposal
Fort Collins Utilities
Consulting Engineering Services
West Orchard Detention Pond and Storm Drainage Improvement Project
and
Future Stormwater Facilities
Minor Capital Improvements
RFP P1044
PROPOSAL DATE: 3:00 p.m. (our clock) November 6, 2006
Administrative Services
Purchasing Divison
215 North Mason Street y 2nd Floor y P.O. Box 580 y Fort Collins, CO 80522-0580 y (970) 221-6775 y Fax (970) 221-6707 www.fcgov.com
REQUEST FOR PROPOSAL
Proposal Number P1044
West Orchard Detention Pond and Plum Channel Improvement Project
And
Future Minor Capital Stormwater Projects
The City of Fort Collins is seeking proposals from firms for consulting engineering services.
Written proposals, five (5) will be received at the City of Fort Collins' Purchasing Division, 215 North
Mason St., 2nd floor, Fort Collins, Colorado 80524. Proposals will be received before 3:00 p.m. (our
clock), November 6, 2006. Proposal No. P1044. If delivered, they are to be sent to 215 North Mason
Street, 2nd Floor, Fort Collins, Colorado 80524. If mailed, the address is P.O. Box 580, Fort Collins,
80522-0580.
Questions concerning the scope of the project should be directed to Project Manager Mark Taylor,
P.E. (970) 221-6700.
Questions regarding proposals submittal or process should be directed to Senior Buyer, Opal F. Dick,
CPPO (970) 221-6775.
1. Download the Proposal/Bid from the BuySpeed Webpage,
https://secure2.fcgov.com/bso/login.jsp
2. Come by Purchasing at 215 North Mason St., 2nd floor, Fort Collins, and request a
copy of the Bid.
Sales Prohibited/Conflict of Interest: No officer, employee, or member of City Council, shall have a
financial interest in the sale to the City of any real or personal property, equipment, material, supplies
or services where such officer or employee exercises directly or indirectly any decision-making
authority concerning such sale or any supervisory authority over the services to be rendered. This
rule also applies to subcontracts with the City. Soliciting or accepting any gift, gratuity favor,
entertainment, kickback or any items of monetary value from any person who has or is seeking to do
business with the City of Fort Collins is prohibited.
Collusive or sham proposals: Any proposal deemed to be collusive or a sham proposal will be
rejected and reported to authorities as such. Your authorized signature of this proposal assures that
such proposal is genuine and is not a collusive or sham proposal.
The City of Fort Collins reserves the right to reject any and all proposals and to waive any
irregularities or informalities.
Sincerely,
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
2/9/00
Request for Proposals
For
Consulting Engineering Services
West Orchard Detention Pond and Plum Channel Improvement Project
And
Future Minor Capital Stormwater Projects
P1044
I) Purpose
A) West Orchard Detention Pond and Plum Channel Improvement Project
The City of Fort Collins is soliciting proposals from qualified consultants for a final design
of the West Orchard Detention Pond and Plum Channel Improvement Project. The
project involves the design of the West Orchard Detention Pond, and the storm drain
between The Scenic Views Pond and the West Orchard Pond, and between the West
Orchard Pond and Kimball Road. The project, as described in the Canal Importation
Basin Master Plan, will provide 100-year protection from flooding in the area generally
located around Orchard Place and West of Kimball Road.
B) Future Projects
Possible design and construction services contracts for stormwater capital improvement
projects and other stormwater related engineering services may be awarded. Future
projects will generally be managed by the City of Fort Collins Utilities and may involve a
cooperative effort between other city departments. The intent of this RFP is to award
engineering services contract that may be renewed annually for a period not-to-exceed
five years.
II) Scope of Services
A) West Orchard Detention Pond and Plum Channel Improvement Project
1) A final design for the West Orchard Detention Pond, a storm drain between the
Scenic Views Pond and the West Orchard Pond, and a storm drain between the
West Orchard Pond and Kimball Road is required.
2) Tasks for The Project design include, but are not limited to surveying, mapping,
geotechnical explorations and reports, detailed utility locates, P&P sheets with
photobase, hydrologic and hydraulic modeling, floodplain mapping, and design
reports.
3) Project Notice-to-Proceed will be in January 2007 with design completion expected
by summer 2007.
4) The Canal Importation Basin Master Drainage Plan prepared by Anderson
Consulting Engineers is available at the City of Fort Collins’ Utility Services Center
for review.
2/9/00
B) Future Projects
The City of Fort Collins is divided into 13 drainage basins, plus the Poudre River, for
stormwater management purposes. Numerous stormwater projects are required
throughout the city. The projects typically require data collection, alternative
evaluation, and design and cost estimation. In some instances, landscaping design,
right-of-way descriptions and environmental enhancement may be required. Other
projects will be related to the operation of the Utility such as: research and
recommendations on design criteria and construction materials, development plan
modeling review, masterplan studies, floodplain studies and updating basin models.
The Fort Collins Utilities utilizes GIS technology to store, retrieve and manipulate
technical information such as floodplain mapping and master plan information.
Technical and project information is also being displayed on our web site in order to
keep citizens informed. The Professional will be required at times to provide products
compatible with the City’s GIS and web site. The Professional will be required to
prepare the scope of work for each project based upon an initial consultation with the
assigned City Representative. Projects typically are short term in duration and/or
high priority. It may require a rapid response from the Professional in order to meet
the Utility’s schedule without compromising on-going project schedules.
1) The following paragraphs include descriptions of several types of projects the City
anticipates to be completed with Work Orders issued under this contract.
a. Hydrologic and Hydraulic Modeling The Utility typically updates the current
basin models to reflect constructed facilities, provide more detail in an area of
interest, or to correct deficiencies in the original models. These studies are
typically restricted to model and mapping updates and possibly revisions to
proposed master plan improvements but are not considered full master plan
updates. These updates would involve researching any potential physical
changes, modifying the existing model, debugging, and providing full
documentation for the work. Field verification work may be required. The
Professional must have the expertise to use UDSWMM, HEC-2, HEC-RAS,
EXTRAN/EPASWMM, HY-8 and similar hydrologic and hydraulic models.
b. Floodplain Modeling Studies (including CLOMRs and LOMRs) The Utility
and other City departments periodically require floodplain studies to show the
effect of proposed projects on regulated floodplains and verify floodplain criteria
is met. Attachment 1, “Guidelines for Submitting Floodplain Modeling Reports to
the City of Fort Collins”, is used to assist in the development and review of
floodplain modeling reports. These guidelines are not an attempt to replace the
FEMA requirements for submitting CLOMRs and LOMRs, but are offered to
assist in the City’s review of both FEMA-designated floodplain projects and City-
designated floodplain projects. FEMA-designated floodplains include: Dry Creek,
the Poudre River, Boxelder, Cooper Slough, and Spring Creek. City-designated
floodplains include: Old Town, West Vine, Fossil Creek, Canal Importation, Mail
Creek, McClelland’s and Foothills, or any of the smaller channels defined in the
City’s Master Plans. A floodplain modeling report for changing a FEMA-
designated floodplain must address compliance with the FEMA requirements for
the project. This includes federal regulations published in 44 CFR Part 65 on
technical submittal requirements for a Letter of Map Revision.
2/9/00
c. Stormwater Quality: Design, Monitoring, Management Plans The Utility is
also involved with the management of stormwater quality and habitat. Services
may include design of water quality management plans, specific on-site
treatment methods, and evaluation of existing and potential habitat. The design
and management of water quality monitoring facilities may also be required.
d. Bank Stability Studies With increased urbanization, problem areas have
developed which require studying the geomorphologic and bank stability aspects
of channels, creeks, and ditches to determine the most feasible solutions to the
associated erosion problems or delineate erosion buffer limits, and designate
minimum setbacks for development. These studies include documentation of
historic channel characteristics, soil type and gradation, and sediment transport
processes.
e. Localized Drainage Problems (Minor Capital Projects) Numerous developed
areas throughout the City experience localized flooding during storm events
which are outside of the regional improvements proposed in the Master Plans.
Depending on the situation, the enlargement of detention ponds, installation of
new storm sewer pipe, inlets, swales, and outfalls may be required, as well as
hydrologic and hydraulic modeling and design. Investigation of existing utilities,
surveying of affected areas, and assisting in the citizen participation in these
projects is critical to successful implementation. Some field inspection may also
be required during construction.
f. New Development Modeling Review The Utility currently completes the
review of all new development plans in-house with the occasional aid of outside
Professionals to review the larger time-consuming hydrologic and hydraulic
models. The primary goal is to provide a more timely turn around, so the
Professional will need to provide immediate action with a two to three week
review and in some cases even faster. The Professional must have the expertise
to accurately review UDSWMM, HEC2, EXTRAN/EPASWMM, HY-8 and similar
hydrologic and hydraulic models. The proposal should cover a quality control
program and how conflict of interest will be handled
III) General Project Requirements for the Project and Future Work
A) All drawings will be AutoCAD (Version 2005) generated, ink on mylar. “As-Constructed”
drawings will be provided to the City on CD’s at the completion of each project. Provide
“As-Constructed” stamped, original mylars at the completion of the project to become the
property of the City of Fort Collins.
B) Prepare construction contract documents and specifications using the City of Fort Collins
Standard Technical Specifications in CSI format and City of Fort Collins modified EJCDC
General Conditions and standard front end documents.
C) Identify all easements or properties required for construction of the project and prepare
all legal descriptions and exhibits needed by City staff in acquiring these easements
and/or properties.
2/9/00
D) All known existing utilities and structures will be identified, located and shown
horizontally and vertically, in relationship to the proposed improvements.
E) All applications for permits will be prepared by the consultant.
F) Provide construction administration, submittal review and continuous full time field
inspection of most projects, to be determined at the time of contract negotiations.
Resident Project Representative duties must be performed with experienced and
qualified personnel approved by the Utilities.
G) Provide all surveying required for the design of the project and baseline control for
contractor use during construction.
H) Provide all geotechnical services required for the design process and for testing during
construction of the project.
I) Provide detailed written monthly progress reports throughout the duration of the design
and construction of all work detailing project progress, hours used, percent complete,
schedule, and any out of contract scope items. These progress reports will be part of the
billing submitted monthly.
J) Provide alternative analyses where requested by the Project Manager.
K) Provide hydraulic and hydrologic modeling conducted in association with the design and
development of the project, as well as a discussion of assumptions and results in report
format.
L) The consultant should be proficient in HY-8, EXTRAN/EPASWMM, HEC-RAS,
UDSWMM/MODSWMM, HEC-1, and other similar hydraulic and hydrologic models,
particularly those accepted by the City of Fort Collins.
M) Should floodplain studies be conducted, provide floodplain reports developed in
accordance with the City of Fort Collins “Guidelines for Submitting Floodplain Modeling
Reports” dated May 16, 2001. Also, submit floodplain and floodway boundaries and
associated information (i.e., BFEs and cross-sections) as GIS layers in accordance with
City of Fort Collins GIS standards.
IV) Conferences
During the progress of the work, the Professional shall confer with the City as necessary to
ensure that the work will meet with the City’s approval. The City will designate a City
Representative for each project Work Order. The Professional shall meet with the City
Representative at intervals to review the progress of the work and shall be required to
submit brief monthly progress reports to the City Representative. On a yearly basis, the
Professional will submit a summary of all work orders and their status to the City.
V) Method of Payment
The Professional shall receive payments for satisfactorily completed work based on verified
progress in the following manner: The cost of the work completed shall be paid to the
Professional each month following the submittal of a bill by the Professional indicating the
percentage of that work that has been completed by task and including a brief progress
report. A retainage of10% may be withheld until completion and final acceptance of the
2/9/00
project. All bills submitted by the Professional shall be directed to the City Representative
for review and authorization of payment.
VI) Time Schedule
Total project time will be determined as part of each project’s Work Order.
VII) Instructions to Consultants
A) Submittal Requirements
Qualified consultants interested in performing the work described in this request for
proposals should submit a minimum of the following information to the City.
1) A statement of your understanding and assumptions of the required engineering and
environmental services.
2) Qualifications of your firm and staff proposed to perform the work on this project.
This should include resumes of staff and any recommendation/commendation letters
received for past projects.
3) A list of similar projects completed in the last five years.
4) Provide a scope of work, including your approach to the project, and an engineering
cost estimate for the West Orchard Detention Pond and Plum Channel Improvement
Project design effort as envisioned by your firm. Include a cost break down of hourly
rates and number of hours assigned for each task of work for all personnel and sub-
consultants. Final scope of work and cost to be negotiated after the selection is
completed.
5) References from at least three other projects with similar requirements that have
been completed within the past five years and that have involved the staff proposed
to work on this project.
6) Limit the total length of your proposal to a maximum of 40 pages (excluding covers
and dividers). The Director of Purchasing and Risk Management may reject
proposals received that are longer than 40 pages in length.
7) Submit a total of five (5) copies of your proposal.
8) Proposals must be received no later than 3:00 p.m. (our clock), November 6, 2006
to:
City of Fort Collins – Purchasing and Risk Management Division
215 North Mason Street
P.O. Box 580
Fort Collins, CO 80522
2/9/00
B) Contacts
1) Questions related to procedures should be directed to:
City of Fort Collins Utilities
Opal Dick, CPPO – Senior Buyer
700 Wood Street
P.O. Box 580
Fort Collins, CO 80522
(970) 221-6775
2) You are encouraged to contact the project manager with any questions related to the
scope of work or project in general.
MAIN CONTACT:
Mark Taylor, P.E.- Project Manager
City of Fort Collins Utilities
700 Wood Street
P.O. Box 580
Fort Collins, CO 80522
970-221-6809
VIII) Selection Criteria and Method
The City of Fort Collins’ Capital Project Management Control System Manual prescribes the
consultant selection and criteria. This document is available for review at the Purchasing
and Risk Management Office
IX) Terms and Conditions
The payment for services, as described under the Scope of Services, shall be based upon
hourly rates as outlined in the submitted cost schedule/estimate. The submitted cost
estimate shall establish a “not to exceed” amount for the contract. Any changes in scope to
the original contract will be treated as a negotiated change order to the contract.
X) Contract Term
December 1, 2006 until November 31, 2007, with the option of the City of Fort Collins to
extend the contract for additional one year periods not to exceed four (4) additional one year
periods.
2/9/00
REVIEW AND ASSESSMENT
Professional firms will be evaluated on the following criteria. These criteria will be the basis for
review of the written proposals and interview session.
The rating scale shall be from 1 to 5, with 1 being a poor rating, 3 being an average rating, and
5 being an outstanding rating.
WEIGHTING
FACTOR
QUALIFICATION STANDARD
2.0
Scope of Proposal
Does the proposal show an understanding of the
project objective, methodology to be used and
results that are desired from the project?
2.0
Assigned Personnel
Do the persons who will be working on the project
have the necessary skills? Are sufficient people of
the requisite skills assigned to the project?
1.0
Availability
Can the work be completed in the necessary time?
Can the target start and completion dates be met?
Are other qualified personnel available to assist in
meeting the project schedule if required? Is the
project team available to attend meetings as
required by the Scope of Work?
1.0
Motivation
Is the firm interested and are they capable of doing
the work in the required time frame?
2.0
Cost and
Work Hours
Do the proposed cost and work hours compare
favorably with the project Manager's estimate? Are
the work hours presented reasonable for the effort
required in each project task or phase?
2.0
Firm Capability
Does the firm have the support capabilities the
assigned personnel require? Has the firm done
previous projects of this type and scope?
Reference evaluation (Top Ranked Firm)
2/9/00
The project Manager will check references using the following criteria. The evaluation
rankings will be labeled Satisfactory/Unsatisfactory.
QUALIFICATION STANDARD
Overall Performance
Would you hire this Professional again? Did
they show the skills required by this project?
Timetable
Was the original Scope of Work completed
within the specified time? Were interim
deadlines met in a timely manner?
Completeness
Was the Professional responsive to client
needs; did the Professional anticipate
problems? Were problems solved quickly and
effectively?
Budget
Was the original Scope of Work completed
within the project budget?
Job Knowledge
a) If a study, did it meet the Scope of Work?
b) If Professional administered a construction
contract, was the project functional upon
completion and did it operate properly?
Were problems corrected quickly and
effectively?
2/9/00
PROFESSIONAL SERVICES AGREEMENT
WORK ORDER TYPE
THIS AGREEMENT made and entered into the day and year set forth below by and
between THE CITY OF FORT COLLINS, COLORADO, a Municipal Corporation, hereinafter
referred to as the "City" and , [insert either a corporation, a partnership or an individual, doing
business as , hereinafter referred to as "Professional".
WITNESSETH:
In consideration of the mutual covenants and obligations herein expressed, it is agreed by
and between the parties hereto as follows:
1. Scope of Services. The Professional agrees to provide services in accordance with
any project Work Orders for (RFP or project name), issued by the City. A blank sample of a work
order is attached hereto as Exhibit "A", consisting of one (1) page and is incorporated herein by this
reference. No Work Order shall exceed $ . The City reserves the right to independently bid
any project rather than issuing a Work Order to the Professional for the same pursuant to this
Agreement.
2. The Work Schedule. The services to be performed pursuant to this Agreement shall
be performed in accordance with the Work Schedule stated on each Work Order.
3. Time of Commencement and Completion of Services. The services to be performed
pursuant to this Agreement shall be initiated as specified on each Work Order. Time is of the
essence. Any extensions of any time limit must be agreed upon in writing by the parties hereto.
4. Contract Period. This Agreement shall commence December 1, 2006, and shall
continue in full force and effect until November 31, 2007, unless sooner terminated as herein
provided. In addition, at the option of the City, the Agreement may be extended for additional one
year periods not to exceed four (4) additional one year periods. Renewals and pricing changes
shall be negotiated by and agreed to by both parties. The Denver Boulder Greeley CPIU published
by the Colorado State Planning and Budget Office will be used as a guide. Written notice of
renewal shall be provided to the Service Provider and mailed no later than ninety (90) days prior to
contract end.
5. Early Termination by City/Notice. Notwithstanding the time periods contained herein,
the City may terminate this Agreement at any time without cause by providing written notice of
termination to the Professional. Such notice shall be delivered at least fifteen (15) days prior to the
termination date contained in said notice unless otherwise agreed in writing by the parties. All
notices provided under this agreement shall be effective when mailed, postage prepaid and sent to
the following address:
Professional:
City
With copy to
In the event of any such early termination by the City, the Professional shall be paid for services
rendered prior to the date of termination subject only to the satisfactory performance of the
Professional's obligations under this Agreement. Such payment shall be the Professional's sole
right and remedy for such termination.
6. Design, Project Insurance and Insurance Responsibility. The Professional shall be
responsible for the professional quality, technical accuracy, timely completion and the coordination
of all services rendered by the Professional, including but not limited to designs, plans, reports,
specifications, and drawings and shall, without additional compensation, promptly remedy and
correct any errors, omissions, or other deficiencies. The Professional shall indemnify, save and
hold harmless the City its officers and employees, in accordance with Colorado law, from all
damages whatsoever claimed by third parties against the City and for the City's costs and
reasonable attorneys fees arising directly or indirectly out of the Professional's negligent
performance of any of the services furnished under this Agreement. The Professional shall
maintain commercial general liability insurance in the amount of $500,000 combined single limits,
and errors and omissions insurance in the amount of .
7. Compensation. In consideration of services to be performed pursuant to this
Agreement, the City agrees to pay Professional on a time and reimbursable direct cost basis
designated in Exhibit "B", consisting of ( ) page(s), attached hereto and incorporated
herein by this reference. At the election of the City, each Work Order may contain a maximum fee,
which shall be negotiated by the parties hereto for each such Work Order. Monthly partial
payments based upon the Professional's billings and itemized statements are permissible. The
amounts of all such partial payments shall be based upon the Professional's City-verified progress
in completing the services to be performed pursuant to the Work Order and upon approval of the
Professional's direct reimbursable expenses. Final payment shall be made following acceptance of
the work by the City. Upon final payment, all designs, plans, reports, specifications, drawings, and
other services rendered by the Professional shall become the sole property of the City.
8. City Representative. The City will designate, prior to commencement of work, its
project representative who shall make, within the scope of his or her authority, all necessary and
proper decisions with reference to the project. All requests for contract interpretations, change
orders, and other clarification or instruction shall be directed to the City Representative.
9. Project Drawings. Upon conclusion of the project and before final payment, the
Professional shall provide the City with reproducible drawings of the project containing accurate
information on the project as constructed. Drawings shall be of archival, prepared on stable mylar
base material using a non-fading process to provide for long storage and high quality reproduction.
"CD" disc of the as-built drawings shall also be submitted to the owner in and AutoCAD version no
older then the established city standard.
10. Monthly Report. Commencing thirty (30) days after Notice to Proceed is given on
any Work Order and every thirty days thereafter, Professional is required to provide the City
Representative with a written report of the status of the work with respect to the Work Order, Work
Schedule and other material information. Failure to provide any required monthly report may, at the
option of the City, suspend the processing of any partial payment request.
11. Independent Contractor. The services to be performed by Professional are those of
an independent contractor and not of an employee of the City of Fort Collins. The City shall not be
responsible for withholding any portion of Professional's compensation hereunder for the payment
of FICA, Workers' Compensation, other taxes or benefits or for any other purpose.
12. Personal Services. It is understood that the City enters into this Agreement based
on the special abilities of the Professional and that this Agreement shall be considered as an
agreement for personal services. Accordingly, the Professional shall neither assign any
responsibilities nor delegate any duties arising under this Agreement without the prior written
consent of the City.
13. Acceptance Not Waiver. The City's approval of drawings, designs, plans,
specifications, reports, and incidental work or materials furnished hereunder shall not in any way
relieve the Professional of responsibility for the quality or technical accuracy of the work. The City's
approval or acceptance of, or payment for, any of the services shall not be construed to operate as
a waiver of any rights or benefits provided to the City under this Agreement.
14. Default. Each and every term and condition hereof shall be deemed to be a material
element of this Agreement. In the event either party should fail or refuse to perform according to
the terms of this agreement, such party may be declared in default.
15. Remedies. In the event a party has been declared in default, such defaulting party
shall be allowed a period of ten (10) days within which to cure said default. In the event the default
remains uncorrected, the party declaring default may elect to (a) terminate the Agreement and seek
damages; (b) treat the Agreement as continuing and require specific performance; or (c) avail
himself of any other remedy at law or equity. If the non-defaulting party commences legal or
equitable actions against the defaulting party, the defaulting party shall be liable to the
non-defaulting party for the non-defaulting party's reasonable attorney fees and costs incurred
because of the default.
16. Binding Effect. This writing, together with the exhibits hereto, constitutes the entire
agreement between the parties and shall be binding upon said parties, their officers, employees,
agents and assigns and shall inure to the benefit of the respective survivors, heirs, personal
representatives, successors and assigns of said parties.
17. Law/Severability. The laws of the State of Colorado shall govern the construction,
interpretation, execution and enforcement of this Agreement. In the event any provision of this
Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such
holding shall not invalidate or render unenforceable any other provision of this Agreement.
18. Prohibition Against Employing Illegal Aliens. This paragraph shall apply to all
Contractors whose performance of work under this Agreement does not involve the delivery of a
specific end product other than reports that are merely incidental to the performance of said work.
Pursuant to Section 8-17.5-101, C.R.S., et. seq., Contractor represents and agrees that:
A. As of the date of this Agreement:
1. Contractor does not knowingly employ or contract with an illegal alien; and
2. Contractor has participated or attempted to participate in the basic pilot
employment verification program created in Public Law 208, 104th Congress,
as amended, and expanded in Public Law 156, 108th Congress, as amended,
administered by the United States Department of Homeland Security (the
“Basic Pilot Program”) in order to verify that Contractor does not employ any
illegal aliens.
B. Contractor shall not knowingly employ or contract with an illegal alien to perform
works under this Agreement or enter into a contract with a subcontractor that fails
to certify to Contractor that the subcontractor shall not knowingly employ or
contract with an illegal alien to perform work under this Agreement.
C. Contractor shall continue to apply to participate in the Basic Pilot Program and
shall in writing verify same every three (3) calendar months thereafter, until
Contractor is accepted or the public contract for services has been completed,
whichever is earlier. The requirements of this section shall not be required or
effective if the Basic Pilot Program is discontinued.
D. Contractor is prohibited from using Basic Pilot Program procedures to undertake
pre-employment screening of job applicants while this Agreement is being
performed.
E. If Contractor obtains actual knowledge that a subcontractor performing work
under this Agreement knowingly employs or contracts with an illegal alien,
Contractor shall:
1. Notify such subcontractor and the City within three days that Contractor has
actual knowledge that the subcontractor is employing or contracting with an
illegal alien; and
2. Terminate the subcontract with the subcontractor if within three days of
receiving the notice required pursuant to this section the subcontractor does
not cease employing or contracting with the illegal alien; except that
Contractor shall not terminate the contract with the subcontractor if during
such three days the subcontractor provides information to establish that the
subcontractor has not knowingly employed or contracted with an illegal alien.
F. Contractor shall comply with any reasonable request by the Colorado Department
of Labor and Employment (the “Department”) made in the course of an
investigation that the Department undertakes or is undertaking pursuant to the
authority established in Subsection 8-17.5-102 (5), C.R.S.
G. If Contractor violates any provision of this Agreement pertaining to the duties
imposed by Subsection 8-17.5-102, C.R.S. the City may terminate this
Agreement. If this Agreement is so terminated, Contractor shall be liable for actual
and consequential damages to the City arising out of Contractor’s violation of
Subsection 8-17.5-102, C.R.S.
H. The City will notify the Office of the Secretary of State if Contractor violates this
provision of this Agreement and the City terminates the Agreement for such
breach.
19. Special Provisions. Special provisions or conditions relating to the services to be
performed pursuant to this Agreement are set forth in Exhibit "C", consisting of ( )
page(s), attached hereto and incorporated herein by this reference.
THE CITY OF FORT COLLINS, COLORADO
By: _________________________________
James B. O'Neill II, CPPO, FNIGP
Director of Purchasing & Risk Management
Date: ______________________________
[Insert Professional's name] or
[Insert Partnership Name] or
[Insert individual's name]
Doing business as ____ [insert name of business]
ATTEST:
_________________________________
City Clerk
APPROVED AS TO FORM:
________________________________
Assistant City Attorney
By: _________________________________
Title: _______________________________
CORPORATE PRESIDENT OR VICE PRESIDENT
Date: _______________________________
ATTEST:
_________________________________ (Corporate Seal)
Corporate Secretary
EXHIBIT "A"
WORK ORDER FORM
PURSUANT TO AN AGREEMENT BETWEEN
THE CITY OF FORT COLLINS
AND
______________________
DATED: _____________
Work Order Number: _____________________________________________________________________
Purchase Order Number: __________________________________________________________________
Project Title: ____________________________________________________________________
Commencement Date: ___________________________________________________________________
Completion Date: ________________________________________________________________________
Maximum Fee: (time and reimbursable direct costs):_____________________________________________
Project Description: ______________________________________________________________________
_______________________________________________________________________________________
Scope of Services: _______________________________________________________________________
_______________________________________________________________________________________
Professional agrees to perform the services
identified above and on the attached forms in
accordance with the terms and conditions
contained herein and in the Professional
Services Agreement between the parties. In
the event of a conflict between or ambiguity in
the terms of the Professional Services
Agreement and this work order (including the
attached forms) the Professional Services
Agreement shall control.
The attached forms consisting of Exhibits _, _,
_, consisting of ___ (_) pages are hereby
accepted and incorporated herein, by this
reference, and Notice to Proceed is hereby
given.
cc: Purchasing
Professional:
By: ___________________________________
Date: _________________________________
City of Fort Collins
Submitted By: ___________________________
Project Manager
Date: ___________________________
Reviewed by: ___________________________
Senior Utility Engineer
Date: ___________________________
Approved by: ___________________________
Utilities General Manager
Date: ___________________________
Approved by: ___________________________
Director of Purchasing & Risk Management
(if over $30,000.)
Date: __________________________
Updated July 26, 2005
ATTACHMENT 1
Guidelines for Submitting Floodplain Modeling Reports
to the City of Fort Collins
These guidelines are to be used to assist in the development and review of floodplain
modeling reports. By establishing these guidelines, the City hopes to streamline the review
process and give consultants a framework of expectations that need to be met in order to
gain approval for a project. These guidelines are not an attempt to replace the FEMA
requirements for submitting CLOMRs and LOMRs, but are offered to assist in the City’s
review of both FEMA Basin floodplain projects and City Basin floodplain projects. FEMA
Basin floodplains include: Dry Creek, the Poudre River, Boxelder, Cooper Slough, and
Spring Creek floodplains. City Basin floodplains include: Old Town, West Vine, Canal
Importation, Fossil Creek, Mail Creek, McClelland’s Channel, and Foothills floodplains. If a
variance is being requested, please see Chapter 10 of the City Code for specific
requirements.
A floodplain modeling report is required to ensure the property being developed meets all
local and FEMA floodplain regulations, upstream or downstream properties are not
adversely impacted, sufficient channel conveyance capacity is maintained, and the channel
will be stable. The Floodplain Modeling Report should be a separate document from the
Drainage Report.
Floodplain modeling reports are required when:
1. Attempting to develop in a designated floodway and thus needing to meet the no-
rise criteria. (See Chapter 10 of City Code for allowed development in the
floodway and no-rise certification requirements.)
2. Attempting to develop in the Poudre River Product 6 Corridor and must show no
increase in the Product Corridor. (See Chapter 10 of City Code for allowed
development in the Product 6 Corridor.)
3. Attempting to develop in a FEMA Basin floodplain that does not have a floodway
and thus a 0.5 ft. floodway must be established.
4. Conditional Letter of Map Revision (CLOMR) and Letter of Map Revision (LOMR)
submittals, including channel modifications, corrected effective conditions,
changes in the floodway or changes in base flood elevations.
5. Changes to City Basin floodplains including channel modifications, corrected
effective conditions, changes in the floodway or changes in base flood
elevations.
6. Other unique special hazard projects.
The effort necessary for a floodplain modeling report is dependent on the amount of
information previously generated, the type of project being proposed, the potential for impact
on adjacent properties, the magnitude of flow in the channel, the size of the area affected,
the need for channel stabilization, and the sediment transport and geomorphologic aspects
of the stream.
In addition, for the City to participate in the FEMA administered National Flood Insurance
Program (NFIP), the City must have a floodplain management program that complies with
FEMA requirements. A floodplain modeling report for changing a FEMA Basin floodplain
must address compliance with the FEMA requirements for the project. This includes federal
regulations published in 44 CFR Part 65 on technical submittal requirements for a Letter of
Map Revision.
Initial Meeting
An initial meeting concerning the proposed project is required with the City’s Floodplain
Administrator and Master Planning Engineer before any modeling work begins. This allows
the consultant and the City to discuss the project, the required approach, models to be used,
available mapping, etc. The City is also willing to meet with the consultant during the
analysis phase to discuss any questions that may arise. This will hopefully assist in a
streamlined analysis and City review process.
General Report Outline
The following is considered to be the minimum information necessary to be included
in the text of any floodplain modeling report submitted to the City. Each item listed
should be addressed. If the item is not applicable, please simply state “not
applicable.” Specific projects may require additional information.
Chapter 1 – Background
I. Project Area Description
Floodplain – name, description, FIS map panel #, date of FIS, etc.
City Stormwater Basin – state applicable master plan, date
Location – nearby streets
Characteristics of study area – vegetation, channel planform, banks, channel
stability, etc.
Map of area – vicinity map
II. Flooding History – Describe basin as well as site-specific flooding history, if
information is available. The City of Fort Collins website,
http://fcgov.com/stormwater/flood-history.php, has a brief description of historic
flooding for each one of the basins and can be used as a reference. The City also
has high water mark information (photos and field forms) for many areas impacted by
the 1997 flood that can be used for site-specific information. Property owners are
also a good reference for site-specific information.
III. Previous Studies – discuss any previous Master Planning reports, Master Plan
updates, Flood Insurance Studies, Map Revisions, other pertinent development
reports, etc.
IV. Project Description – describe all aspects of the project in detail. Describe the land-
use (i.e., commercial, residential, and/or critical facility – school, hospital, nursing
home, gas station, quick lube, police station, fire station, hazardous materials
storage, etc.).
Chapter 2 – Analysis
I. Purpose and Scope - Describe the purpose and scope of the study. List all tasks
associated with the analysis.
II. Methods and Approach - Describe methods/approach for modeling all conditions.
Duplicate effective – use the exact parameters that are included in the
model.
Corrected effective – Explain why a corrected effective model is needed and the
techniques used. A meeting with the City upon completion of this model run is required.
Existing condition – Explain the purpose of the existing condition model and why it is
needed, as well as the differences between it and the corrected/duplicate condition.
Proposed project - Explain how the proposed project is incorporated into the model.
Include an explanation of all modeling techniques that have changed from the effective
model.
Definitions of duplicate effective, corrected effective, existing condition, and
proposed project conditions are included at the back of these guidelines.
III. Vertical Datum - Use City’s current Vertical Control based on NGVD 1929 without the
1984 correction (July 14, 2003). Please state benchmark number used, its
approximate location and the elevation of that benchmark on the City’s datum.
IV. Models Used – Discuss the model version, date of model, ,etc. Discuss the
hydrology including the model used, from where it was obtained, any modifications to
the model, provide a copy of the SWMM output in the appendix; discuss the
discharges to be used in the hydraulic model. Correlate the location of the
discharges developed in SWMM to the cross-sections at which they will be applied in
the hydraulic model (i.e., HEC-2 or HEC-RAS) and provide a drawing/figure with
cross-sections. Also include a discussion on the starting water surface elevation
used in the hydraulic analysis.
V. Additional Cross-Sections– If the proposed project is between cross-sections, then
cross-sections will need to be added to accurately reflect the proposed project (i.e.
new buildings, bridge, etc.). New cross-sections should be added to the corrected
effective model if a corrected effective model is created for other reasons (i.e. better
topographic mapping or correcting errors in original modeling). If a corrected
effective model is not done, then the WSEL for the new cross-section for the
effective condition can be interpolated. There should be a WSEL for all cross-
sections for both the effective or corrected effective condition and proposed project
condition unless the project prohibits determining a WSEL at a particular cross-
section. Discuss methods and include all WSELs (modeled or interpolated) in the
results.
VI. Changes in Modeling Parameters and Why Changed - Discuss any changes in
modeling parameters and explain why they were changed. (i.e. n-values,
encroachments, contraction/expansion coefficients, etc.)
VII. Compensatory Storage – This may apply in non-conveyance floodway areas to show
that water displaced by the project is not impacting upstream or downstream
property owners. Explain how compensatory storage is calculated.
VIII. Discharges and Modeled Frequencies
A. Discharges- Provide a table showing discharges for 10, 50, 100, and 500-
year flows at all cross-sections. Include a table for existing and modified
discharges if applicable. (This is for documentation purposes only.)
B. Frequencies - The frequencies to be modeled are as follows: 100-year at a
minimum, 500-year if the project is a critical facility, and 10- and 50-year if it
is determined there is a downstream impact caused by the project.
Chapter 3 - Results/Discussion
I. Effective vs. Duplicate Effective Condition
A. Text - Compare the two conditions even if there is no change.
B. Tables – Include a table (or multiple tables if necessary) within the text
comparing WSELs between effective and duplicate effective models (WSELs
should be rounded to the nearest 0.1 ft), floodway, velocities for all cross-
sections not just published cross-sections, and include a column with the
calculated difference in WSEL between effective and duplicate effective
models (i.e., Floodway Data Table). See FIS for example of format – HEC-2
Summary Table 200 or FIA Table 1.
C. Model Input and Output – Include a copy of the duplicate effective model
input and output in Appendix A (both hydrologic and hydraulic models).
D. Figures - Include for the duplicate effective condition, water surface profiles
and cross-section plots for all cross-sections in the study area in Appendix A.
E. Maps – Include a copy of the effective condition map (Master Plan or FEMA
Work Map) in back pocket of report. Map should be 24” x 36” or similar size
based on original mapping (1inch = 400 ft. minimum). Include the following
information on the map when producing new maps:
• Topographic contours (existing contours)
• Spot elevations used to develop cross-sections
• Floodplain and floodway delineations
• All cross-sections shown in hydraulic model (at least one cross-section
upstream and downstream of the affected area) with cross-section
numbering
• Base flood elevations (rounded to nearest foot)
• Property boundaries
• All structures and roads including names of roads
• Stream names
• Vertical datum, benchmark number, and elevation used
• Scale and north arrow
II. Duplicate Effective vs. Corrected Effective Condition
A. Text - Compare the two conditions and explain the differences.
B. Tables – Include a table (or multiple tables if necessary) within the text
comparing WSELs between duplicate effective and corrected effective
models (WSELs should be rounded to the nearest 0.1 ft), floodway, velocities
for all cross-sections not just published cross-sections, and include a column
with the calculated difference in WSEL between effective and duplicate
effective models (i.e., Floodway Data Table).
Also, if cross-sections were added as part of the corrected effective condition,
an interpolated WSEL (or pull the WSEL off the profile if developed) should
be included for the same cross-section in the duplicate effective model. See
FIS for example of format – HEC-2 Summary Table 200 or FIA Table 1.
Tables can be located in the appendices if referenced in the text.
C. Model Input and Output – Include a copy of the corrected effective model
input and output in Appendix B (both hydrologic and hydraulic models as
appropriate). An echo of the input and the individual cross-section output
display should be included in the output printout and electronic file.
D. Figures - Include for the corrected effective condition, water surface profiles
and cross-section plots for all cross-sections in the study area in Appendix B.
E. Maps – Include a copy of the corrected effective condition in back pocket of
report. Map should be 24” x 36” or similar size based on original mapping
(1inch = 400 ft. minimum). Include the following information on the map when
producing new maps:
• Topographic contours (existing contours – use the more detailed
topographic data if that is the reason for doing a corrected effective
model)
• Spot elevations used to develop cross-sections
• Floodplain and floodway delineations
• All cross-sections shown in hydraulic model (at least one cross-section
upstream and downstream of the affected area) with cross-section
numbering
• Base flood elevations (rounded to nearest foot)
• Property boundaries
• All structures and roads including names of roads
• Stream names
• Vertical datum, benchmark number, and elevation used
• Scale and north arrow
III. Duplicate Effective vs. Existing Conditions or Corrected Effective Condition vs.
Existing Conditions
A. Text - Compare the two conditions and explain the differences.
B. Tables – Include a table (or multiple tables if necessary) within the text
comparing WSELs between duplicate effective/corrected effective model and
the existing conditions model (WSELs should be rounded to the nearest 0.1
ft), floodway, velocities for all cross-sections not just published cross-
sections, and include a column with the calculated difference in WSEL
between effective and duplicate effective models (i.e., Floodway Data Table).
Also, if cross-sections were added as part of the existing condition, an
interpolated WSEL (or pull the WSEL off the profile if developed) should be
included for the same cross-section in the duplicate/corrected effective
model. See FIS for example of format – HEC-2 Summary Table 200 or FIA
Table 1. Tables can be located in the appendices if referenced in the text.
C. Model Input and Output – Include a copy of the existing conditions model
input and output in Appendix C (both hydrologic and hydraulic models as
appropriate). An echo of the input and the individual cross-section output
display should be included in the output printout and electronic file.
D. Figures - Include for the existing condition, water surface profiles and cross-
section plots for all cross-sections in the study area in Appendix C.
E. Maps – Include a copy of the existing condition in back pocket of report. Map
should be 24” x 36” or similar size based on original mapping (1 inch = 400
feet minimum). Include the following information on the map when producing
new maps:
• Topographic contours (existing contours)
• Spot elevations used to develop cross-sections
• Floodplain and floodway delineations
• All cross-sections shown in hydraulic model (at least one cross-section
upstream and downstream of the affected area) with cross-section
numbering
• Base flood elevations (rounded to nearest foot)
• Property boundaries
• All structures and roads including names of roads
• Stream names
• Vertical datum, benchmark number, and elevation used
• Scale and north arrow
IV. Existing Conditions vs. Proposed Project or Corrected Effective vs. Proposed Project
or Duplicate Effective vs. Proposed Project
A. Text - Compare the two conditions and explain the differences.
B. Tables – Include a table (or multiple tables if necessary) within the text
comparing WSELs between duplicate effective/corrected effective/existing
conditions and proposed project models (WSELs should be rounded to the
nearest 0.1 ft), floodway, velocities for all cross-sections not just published
cross-sections, and include a column with the calculated difference in WSEL
between effective and duplicate models (i.e., Floodway Data Table).
Also, if cross-sections were added as part of the proposed condition, an
interpolated WSEL (or pull the WSEL off the profile if developed) should be
included for the same cross-section in the duplicate/corrected/existing
condition model. See FIS for example of format – HEC-2 Summary Table
200 or FIA Table 1. Tables can be located in the appendices if referenced in
the text.
C. Model Input and Output – Include a copy of the proposed project model input
and output in Appendix D (both hydrologic and hydraulic models as
appropriate). An echo of the input and the individual cross-section output
display should be included in the output printout and electronic file.
D. Figures - Include for the proposed project condition, plots of the water surface
profiles and cross-section for all cross-sections in the study area in Appendix
D.
E. Maps – Include a copy of the proposed project condition in back pocket of
report. Map should be 24” x 36” or similar size based on original mapping
(1inch = 400 ft. minimum). Include the following information on the map when
producing new maps:
• Topographic contours (proposed contours)
• Spot elevations used to develop cross-sections
• Floodplain and floodway delineations
• All cross-sections shown in hydraulic model (at least one cross-section
upstream and downstream of the affected area) with cross-section
numbering
• Base flood elevations (rounded to nearest foot)
• Property boundaries
• Proposed project
• All structures and roads including names of roads
• Minimum opening elevation for proposed structures or any potentially
impacted structures
• Stream names
• Vertical datum, benchmark number, and elevation used
• Scale and north arrow
Digital Files for Changes to the Floodplain Mapping - If there are changes to
the floodplain as a result of the project or as a result of a corrected effective
condition, then a digital copy (ARC/INFO or AutoCAD) of the floodplain map
must be produced that ties in with the existing digital floodplain map.
III. Emergency Response/Worst-Case Scenario - What is the worst-case scenario for
this project and surrounding areas (emergency response component). If the project
includes a bridge, assume the bridge is completely blocked, and answer in your best
judgement “Where does the water go?”. This should include, at a minimum, a
qualitative analysis if a quantitative analysis can not be provided. Each project will
need to be evaluated by City staff to determine if there are any emergency response
or worst-case scenario questions that need to be answered.
IV. Changes in WSEL - Any changes in WSEL for both BFE (without floodway) and with
floodway (if applicable) for any frequency storm that is modeled should be discussed
in the text. Best interpretation of why the change is occurring should also be
discussed. Also confirm that any rise is allowable per the regulations.
V. Floodway – Does this floodplain have a mapped floodway? If modifying a FEMA
floodway, either a 0-rise criteria must be met and there are no changes to the
floodplain or floodway boundaries or a CLOMR must be submitted to FEMA. If there
is no floodway mapped, then a 0.5 ft. rise floodway must be established. If modifying
a City Basin floodway, any impacts to upstream or downstream property owners will
require easements. Does the project meet this criteria? Please document the
notification and that easements were obtained.
VI. Impact on Structures - There cannot be any increase in WSEL on structures in the
100-year FEMA Basin floodplain if modifying a FEMA floodway. Any impact to a
structure in a City Basin floodplain when the floodway is modified, will require an
easement from the impacted property owner. Please provide a copy of the
notification and the easements that were obtained.
VII. Upstream or Downstream Impacts to Properties- Are there any upstream or
downstream impacts to other properties? (Applies when modifying the floodway) If
so, property owners must be notified and easements obtained. Please document the
notification and that easements were obtained.
VIII. Mitigation - Are there any mitigation measures being incorporated in the project?
Please describe.
IX. Floodproofing - If floodproofing a building, describe and show drawings of
floodproofing technique, catalog cuts, manufacturer specs, etc. and include any
necessary calculations. If the floodproofing is not permanent (i.e. requires human
intervention) describe: Where will closures, shields, etc. be stored? Whose
responsibility is it to insure closure? What kind of maintenance is required? Please
prepare a brief emergency response plan. (See Chapter 10 of City Code for
complete floodproofing documentation requirements).
X. Bed and Bank Stabilization – Describe any bed and bank stabilization measures that
were used in the project (i.e., riprap, drop structures, grade control, bank protection
fabric, etc.). Sediment transport and/or fluvial geomorphologic analyses may be
required.
XI. Compliance with Criteria - Is all criteria being met? – elevation, floodproofing, critical
facilities, tie-in of upstream and downstream WSEL, no impact to structures in FEMA
floodplains when modifying a floodway, easements from all affected property owners
in FEMA and City Basin floodplains, floodway criteria, street criteria, blockage
criteria, etc.
APPENDICES
Appendix A – Duplicate Effective Condition
• Model Input/Output (HEC and SWMM with cross-sections and schematic/basin
maps).
• Water Surface Profiles
• Cross-Section Plots
Appendix B – Corrected Effective Condition (if applicable)
• Model Input/Output (HEC and SWMM with cross-sections and schematic/basin
maps), HEC output should include the individual cross-section output display and
an echo of the input.
• Water Surface Profiles
• Cross-Section Plots
Appendix C – Existing Condition (if applicable)
• Model Input/Output (HEC and SWMM with cross-sections and schematic/basin
maps), HEC output should include the individual cross-section output display and
an echo of the input.
• Water Surface Profiles
• Cross-Section Plots
Appendix D – Proposed Project Condition
• Model Input/Output (HEC and SWMM with cross-sections and schematic/basin
maps), HEC output should include the individual cross-section output display and
an echo of the input.
• Water Surface Profiles
• Cross-Section Plots
Back Pocket of Report
• All Maps 24” X 36” (duplicate effective, corrected effective, existing, and
proposed project – as applicable). Maps should use the following color coding
whenever possible:
• 500-year floodplain = green
• moderate risk 100-year floodplain (<1 ft. sheet flow) = green
• high risk 100-year floodplain = light blue
• floodway = dark blue
• Product 6 Corridor = red
• Computer disks with all models (HEC, SWMM, Extran, Digital Floodplain Map,
etc.)
Additional Requirements
FEMA Submittals
The City of Fort Collins is required to make submittals for floodplain map revisions to FEMA
for projects which propose floodway revisions, changes in the BFE, or changes using a
corrected effective model. As part of the Floodplain Modeling report submittal to the City,
the applicant will submit all appropriate FEMA submittal forms for review. Once the
floodplain modeling report is approved by the City, the City will sign the FEMA submittal
application and produce a cover-letter to go along with the FEMA submittal. It is the
responsibility of the applicant to mail the submittal package to FEMA and ensure the proper
FEMA application fees are mailed and received by FEMA.
Overlot grading or other construction cannot begin in the floodway until a CLOMR is issued
by FEMA. Any other work done in the flood fringe prior to the issuance of the CLOMR is
done at the applicant’s risk of possibly needing to make changes based on FEMA’s
comments.
The LOMR submittal is required immediately after a project is completed. The floodplain
modeling report should be revised to include as-built information. A complete submittal
package is required to be reviewed by the City. Once the floodplain modeling report is
approved by the City, the City will sign the FEMA submittal application and produce a cover-
letter to go along with the FEMA submittal. It is the responsibility of the applicant to mail the
submittal package to FEMA and to ensure that the proper FEMA application fees are mailed
and received by FEMA. Remember the FEMA maps are not changed until the LOMR is
issued by FEMA.
Floodplain Use Permit
A floodplain use permit is required for any work done in the floodplain. A floodplain use
permit must be submitted and approved prior to the start of construction. Please see
Chapter 10 of City Code for floodplain use permit requirements.
Definitions
CLOMR – Conditional Letter of Map Revision, required by FEMA to gain approval for a
project before construction.
LOMR – Letter of Map Revision, required by FEMA to change the Flood Insurance Rate
Maps based on a completed project or new updated information.
Effective Model – The model that is currently in use by the City and/or FEMA and from
which the published values have been obtained.
Duplicate Effective Model – This model is developed by the consultant from running the
effective model on the consultant’s computer without any changes to the effective
modeling parameters (i.e. n-values, encroachments, expansion/contraction coefficients,
topography, etc.). There should be no differences between the effective model and the
duplicate effective model results. This will ensure that this is the correct version of the
model. If there are discrepancies, the consultant must contact the City to determine if
the discrepancies are valid and if so, provide explanations of the differences in the report
text.
Corrected Effective Model – This model builds on the duplicate effective model and
includes only those changes for which there were errors in the modeling of the effective
condition or if better (i.e. more detailed) topographic mapping is available. Changes as a
result of the proposed project should not be included in the model. However, if cross-
sections need to be added for the proposed project model in order to accurately
represent the proposed project, then these cross-sections should be added to the
corrected effective model. A corrected effective model that is approved by either the
City or FEMA becomes the new effective model (base-line condition). Therefore, the
proposed project will be compared to the corrected effective model to determine
compliance with criteria.
Existing Conditions Model – This model builds on either the duplicate effective model or
the corrected effective model and includes only those changes that have occurred due to
man since the date of the Effective Model. These changes are not part of the proposed
project. However, if cross-sections need to be added for the proposed project model in
order to accurately represent the proposed project, then these cross-sections should be
added to the existing condition model. An existing condition model that is approved by
either the City or FEMA becomes the new effective model (base-line condition).
Therefore, the proposed project will be compared to the existing condition model to
determine compliance with criteria.
Proposed Project Model – The model that incorporates all changes due to the proposed
project. This includes any new structures, bridges, streets, culverts, parking lots, berms,
etc.; modeling parameter changes, grading changes, etc.