HomeMy WebLinkAboutContract 32863 C,1i Y SECPE-rARY� ,-,r,
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TRAC-T No.
,ON
FY 2003 EDI-SPECIAL PROJECT
GRANT NO. 8-03-SP-TX-0768
SUB-GRANTEE AGREEMENT BETWEEN
THE CITY OF FORT WORTH AND TARRANT REGIONAL WATER DISTRICT
T AGREEMENT is made and entered into this the day of
2005, by and between the CITY OF FORT WORTH, a home rule
municipal corporation of the State of Texas, located within Tarrant, Denton and Wise Counties,
Texas (hereinafter referred to as the "City") and the TARRANT REGIONAL WATER
DISTRICT, organized under Chapter 51 of the Texas Water Code (hereinafter referred to as
"District").
WHEREAS, on June 3, 2003, the Fort Worth City Council adopted the Trinity River
Vision Master Plan as a guide for future development along the Trinity River and its major
tributaries;
WHEREAS, the master plan recommends altering the flow of the Trinity River at the
confluence of the Clear and West Forks near the downtown of Fort Worth in order to provide
flood protection and to control the flow of the Trinity River so as to allow greater public access
to the river to create an urban waterfront environment;
WHEREAS,the urban waterfront improvements will include a bypass channel, greenbelt
dedication, ecosystem improvements, and pedestrian connections from the Cultural
District/Trinity Park area to the Historic Stockyards and northside neighborhoods and to Heritage
Park and Downtown Fort Worth;
WHEREAS, the proposed waterfront, development will reduce central-city flooding
threats, especially the "sump areas"that still remain in the 100-year flood plain area;
WHEREAS, the City of Fort Worth, Tarrant County Commissioners Court, Tarrant
Regional Water District Board, Streams and Valleys, Inc. have all endorsed the urban waterfront
concept;
WHEREAS, the urban waterfront concept has been further defined in a 2004 consultant
study entitled The Trinity Uptown Plan;
WHEREAS, during the fiscal year 2003) federal appropriations process, the City of Fort
Worth received an Economic Development Initiative (EDI) Special Project earmark from the
U.S. Department of Housing and Urban Development (HUD) in the amount of $804,735 to
support the first phase preliminary design of the urban waterfront improvements for the Trinity
River Vision project--
WHEREAS, the Tarrant Regional Water District, proposed to contract with an
appropriate consultant to prepare the first phase preliminary design with the City of Fort Worth
administering the grant funds;
WHEREAS, the Tarrant Regional Water District contracted with a team of engineering
firms, led by Camp Dresser & McKee, Inc. to design the proposed urban waterfront
improvements;
NOW THEREFORE, in consideration of the mutual covenants herein expressed, the
parties agree as follows:
1. Scope of Services:
a. The project shall be known as the Trinity River Vision Urban Waterfront Project
(Project). The District will prepare first phase preliminary urban design activities for the
Project to include the following:
a. The design of road and utility improvements;
b. The design of pedestrian pavement/vertical retaining wall;
c. The design of tree grates and trees;
d. The design of benches, drinking fountains, and informative signs-, and
e. The design of aquatic life shade and habitat improvements.
b. The District shall provide the services and activities delineated in Exhibit "A" in
accordance with Exhibit "B", the HUD Economic Development Initiative (EDI) Special
Projects Grant, 2003 EDI-Special Project No. B-03-SP-TX-0768 Grant Agreement.
(Grant) and in accordance with the Agreement between Tarrant Regional Water District
and Camp Dresser&McKee, Inc., attached as Exhibit"C."
c. The City will monitor the performance of the District against the goals and performance
standard required by the Grant. District's compliance with the Grant shall be determined
by the City. If action to correct such noncompliance with the-bi-atit is not taken by
District within a reasonable period of time after being notified in writing by the City,
contract suspension or termination procedures will be initiated.
2. Compensation and Method of Payment
a. As a condition of the grant, City will not draw down grant funds until the City has
received and approved any certifications and disclosures required by 24 CFR 87.100
concerning lobbying and by 24 CFR 24.510(b) regarding ineligibility, suspension and
debarment and any other conditions listed in the Grant, and compliance with all HUD
regulations as outlined in the HUD grant agreement.
K The City will not draw down grant funds for payment to the District until the City and the
District have executed a sub-grantee agreement.
c. City will disburse Grant funds in an amount up to $804,735.00 to District on a
reimbursement basis for approved expenses.
d. The City will initiate drawing down grant funds folio-vvinor receipt from the District of. (1)
District's formal written request for funds, (2) a written statement of costs by the line
item budget, (3) supporting documentation to include but not limited to invoices,
products or deliverables to be reimbursed from the HUD EDI grant funds, and (4') written
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documentation of MWBE involvement by the line item budget. Reimbursement for the
payment of eligible expenses -,hall be made against the line item budget and in
accordance with the Grant requirements.
e. District agrees to utilize all disbursed Grant funds for the benefit of the Project and agrees
that funds will be expended in accordance with the Grant. District may not increase line
item amounts in the approved Grant budget without prior written approval of the City and
HUD.
f. It is understood that the total cost for the operation of this Project under the 2003 EDI
Grant is $804,735.00 and that District will obtain any other necessary funds in excess of
the 2003 EDI Grant from other funding sources. District will notify the City promptly of
any additional funding it receives in relation to the activities described in the 2003 EDI
Grant budget for the Project and City reserves the right to seek a budget amendment from
1 U in such instances.
g. District will not commingle the 2003 EDI Grant monies with any other funds in any
manner that would prevent City from readily identifying Project expenditures.
3. Reporting Procedures
a. City is required to submit to HUD a progress report every six months after the effective
date of the Grant Agreement consisting of a narrative of work accomplished during the
reporting period and a completed HUD Financial Status Report—Form 269A.
b. District shall submit financial and progress reports to the City by the 15th day of the
fourth month (April) and the tenth month (October) during the calendar year until the
grant is officially closed-out. Progress reports must contain the information required
under Article IV of the Grant Agreement (Exhibit "B") as applicable including a
comparison of actual accomplishments to the objectives indicated, in the Grant
application, the reasons for slippage if established objectives were not met, and additional
pertinent information including explanation of significant costs overruns.
c. District agrees that if HUD requires any additional information or increased frequency of
reporting by the City as described in the Grant Agreement, District shall cooperate with
the City to comply with HUD's request.
4. Applicable Laws
a. Federal
District agrees to comply with Article I of the Grant Agreement (Exhibit "B"), including,
but not limited to, the folloNving laws and the regulations issued thereunder as they are
currently written or are hereafter amended during performance of this contract:
• Title VI of the Civil Rights Act of 1964 (4211 U.S.C. 20004) (nondiscrimination in
Federally Assisted Programs) and implementing regulations issued at 24 CFR Part
I.
• The Age Discrimination in Employment Act of 1975 (42 U.S.C. 6101-07) and
implementing regulations at 24 CFR Part 146, and the prohibitions against
discrimination against handicapped individuals under section 504 of the
Rehabilitations Act of 1973 (29 U.S.C, 794) and implementing regulations at 24
CFR Part 8.
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• The requirements of 24 CFR 5.105(a) regarding equal opportunity as well as the
I 11A
requirements of Executive Order 1 1 11--T6 (Equal Employ.-nent ('111pportim-l-L.Y)
, and the
implementing regulations issued at 41 CFR Chapter 60.
• For those grants funding construction covered by 24 CFR 135, the requirements
of section 3 of the Housing and Urban Development Act of 1968, (12 U.S.C.
1701u) which requires that economic opportunities generated by certain HUD
financial assistance shall, to the greatest extent feasible, be given to low and very
low income persons and to businesses that provide economic opportunities for
these persons.
• The requirements of the Executive Orders 11625 and 12432 (concerning Minority
Business Enterprise) and 12138 (concerning Women's Business Enterprise).
District must make efforts to encourage the use of minority and women's business
enterprises in connection with grant funded activities.
• Fair Housing Act (42 U.S.C. 3601-20) and implementing regulations at 24 CFR
Part 100; Executive Order 11063 (Equal Opportunity in Housing) and
implementing regulations at 24 CFR Part 107.
b. Other Laws
District covenants and agrees that its officers, members, agents, employees program
participants and subcontractors shall abide by and comply with all other laws, federal,
state and local, relevant to the performance of this contract, including all ordinances, rules
and regulations of the City of Fort Worth and the Housing and Community Development
Act of 1974 (Pub. L. 93-383, 885 Stat. 633) as amended, and all regulations pertaining
thereto. District further promises and agrees that it has read, and is familiar with, terms and
conditions of the Grant under which funds are granted and that it will fully comply with
same. It is agreed and understood that, if City calls the attention of District to any such
violation on the part of District or any of its officers, members, agents, employees,
program participants or subcontractor, then District shall immediately desist from and
correct such violation.
This Agreement will be subject to all applicable federal, state and local laws, ordinances,
rules and regulations, including, but not limited to, all provisions of the City's Charter
and ordinances, as amended.
5. Nondiscrimination
District, in the execution, performance or attempted performance of this contract and
agreement, will not unlwvtully discriminate against any person or persons because of sex,
race, religion, age, disability, color or national origin, nor will District permit its officers,
members, agents, employees, subcontractors or program participants to engage in such
discrimination.
In accordance with the policy of the Executive Branch of the federal government, District
covenants that neither it nor any of its officers, members, agents, employees, program
participants or subcontractors, vOule engaged in performing this contract, shall, in connection
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with the employment, advancement or discharge of employees or in connection with the terms,
conditions or privileges of their employment, discriminate against persons because of their age
employment, Z:�
except on the basis of bona fide occupational qualification, retirement plan or statutory
requirement.
District further covenants that neither it nor its officers, members, agents, employees,
subcontractors, program participants, or persons acting on their behalf, shall specify, in
solicitations or advertisements for employees to work on this contract, a maximum age limit
for such employment unless the specified maximum age limit is based upon a bona fide
occupational qualification,retirement plan or statutory requirement.
In accordance with the provisions of the Americans With Disabilities Act of 1990 ("ADA"),
District warrants that it and any and all of its subcontractors will not unlawfully discriminate on
the basis of disability in the provision of services to the general public, nor in the availability,
terms and/or conditions of employment for applicants for employment with District, or
employees of District or any of its subcontractors. District warrants it will fully comply with
ADA's provisions and any other applicable federal, state and local laws concerning disability
and will defend, indemnify and hold City harmless against any claims or allegations asserted
by third parties or subcontractors against City arising out of District's and/or its subcontractors'
alleged failure to comply with the above-referenced laws concerning disability discrimination
in the performance of this agreement.
This agreement is made and entered into with reference specifically to the ordinances
codified and District covenants and agrees that its officers, members, agents, employees,
program participants and subcontractors shall abide by and comply with all other laws,
federal, state and local, relevant to the performance of this contract, including all ordinances,
rules and regulations of the City of Fort Worth and the Housing and Community Development
Act of 1974 (Pub. L. 93-383, 885 Stat. 633) as amended, and all applicable regulations.
District further promises and agrees that it has read, and is familiar with, terms and conditions
of the Grant under which finds are granted and that it will fully comply with same. It is agreed
and understood that, if City calls the attention of District to any such violation on the part of
District or any of its officers, members, agents, employees, program participants or
subcontractors,then District shall immediately desist from and correct such violation.
6. Prohibition Against Interest
No member, officer or employee of City or its designees or agents; no member of the
governing body of the locality in which the Program is situated; and no other public official of
such locality or localities, who exercises any functions or responsibilities with respect to the
Program funded hereunder during his or her tenure or for one year thereafter, shall have any
interest, direct or indirect, in any contract or subcontract, or the proceeds thereof. for work to
be performed hereunder. District shall incorporate, or cause to be incorporated, like language
prohibiting such interest in all contracts and subcontracts hereunder.
No member, officer, employee, or program participant of District or its subcontractors shall
have a financial interest, direct or indirect, in this contract or the monies transferred hereunder
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or be financially interested, directly or indirectly, in the sale to District of any land, materials,
supplies or services purchased with any finds transferred hereunder. except on behalf of
District, as an officer, employee, member or program participant. Any willful violation of this
paragraph with the knowledge, expressed or implied, of District or its subcontractors shall
render this contract voidable by the City of Fort Worth.
7. Minority and Women Business Enterprise Commitment
District agrees to abide by the City of Fort Worth's Ordinance to involve Minority and
Women Business Enterprises (MWBEs) in all phases of its procurement practices related to
this Agreement and to provide them an equal opportunity to compete for contracts for
construction, provision of professional services, purchase of equipment and supplies and
provision of other services required by District under this Agreement. Therefore, District
agrees to incorporate City Ordinance No. 15530, and all amendments or successor ordinances
thereto, into all contracts and will farther require all persons or entities with whom it
contracts for work to be performed pursuant to contracts related to this Agreement to comply
with said Ordinance.
District acknowledges that City has established a goal of 5% for this preliminary first phase
urban design activities.
8. Non-Assignment
District will not assign any or all of its rights or responsibilities under this contract without
the prior written approval of City. Any purported assignment without such approval will be a
breach of this contract and void in all respects.
9. Independent Contractor
a. District shall operate hereunder as an independent contractor and not as an officer, agent,
servant or employee of City. District shall have exclusive control of, and the exclusive
right to control, the details of the work and services performed hereunder, and all persons
performing same, and shall be solely responsible for the acts and omissions of its officers,
members, agents, servants, employees, subcontractors, program Participants, licensees or
invitee. The doctrine of respondeat superior shall not apply as between City and District,
its officers, members, agents, servants, employees, subcontractors, program participants,
licensees or invitees, and nothing herein shall be construed as creating a partnership or
joint enterprise between City and District. It is expressly understood and agreed that no
officer, member, agent, employee, subcontractor, licensee or invitee of the District, nor any
program participant hereunder, is in the paid service of City and that City does not have
the legal right to control the details of the tasks performed hereunder by District, its
officers, members, agents, employees, subcontractors, program participants, licensees or
invitees.
b. City shall in no way nor under any circumstances be responsible for any property
belonging to District, its officers, members, agents, employees, subcontractors, pros
6
participants, licensees or invitees, which may be lost, stolen, destroyed or in any way
damaged; and District, to the extent permitted by law, hereby indentimifies and holds
harmless City and its officers, agents, and employees from and against any and all claims or
suits.
10. Termination
In addition to, and not in substitution for, other provisions of this Agreement regarding the
provision of public services with Grant funds, pursuant to Title I of the Housing and
Community Development Act of 1974, as amended, it is expressly understood and agreed by
and between the parties hereto that this agreement is wholly conditioned upon the actual
receipt by City of Federal Grant funds; that all monies distributed to District hereunder shall
be exclusively from Federal monies received under said grant and not from any monies of
City; and that if such Rinds under said grant are not timely forthcoming, in whole or in part,
City may, at its sole discretion, terminate this contract and agreement and City shall not be
liable for payment for any work or services performed by District under or in connection with
this contract.
City may terminate this contract whenever such termination is determined to be in the best
interest of City, in event of District's default, inability or failure to perform or to comply with
any of the terms herein, or for other good cause.
The parties acknowledge that Grant Rinds paid hereunder are intended to provide only partial
funding for District's preliminary first phase urban design activities for the Project. If non-
Grant funds are not forthcoming to District, to additionally fund the preliminary first phase
urban design activities, during the contract term, City may terminate this contract.
Grant funds provided hereunder may not be used as collateral for loans to District to defray
program operation expenses, and any attempted use of Grant funds for this purpose will
result in termination of this contract by City.
Termination will be effected by written notice to District, specifying the portions of the
contract affected and the effective date of termination. Upon District's receipt of such
termination notice, District will: Stop work under the contract on the date and to the extent
specified by City; cease expenditures of Grant monies, except as necessary for completion of
the portions of the contract not terminated; and terminate all orders and contracts to the
extent that they relate to terminated portions of the contract.
City will have no responsibility or liability for District's additional expenditures or actions not
covered by the 2003 EDI Grant.
11. Certification Regarding Lobbying
a. The undersigned representative of District hereby certifies, to the best of his or her
knowledge and belief, that: No federal appropriated funds have been paid or will be paid,by
C,
or on behalf of District, to any person for influencing or attempting to influence an officer or
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employee of any agency, a member of Congress, an officer or employee of Congress or an
employee of a member of Congress in connection with'the awarding o1farty federal contract,
the making of any federal grant, the making of any federal loan, the entering into of any
cooperative agreement and the extension, continuation, renewal, amendment, or
modification of any federal contract, grant, loan or cooperative agreement. District shall
require that the language of this certification be included in all subcontracts or
agreements involving the expenditure of federal funds.
b. If any funds other than federal appropriated funds have been paid or will be paid to any
person for influencing or attempting to influence an officer or employee of any agency, a
member of Congress, an officer or employee of Congress, or an employee of a member
of Congress in connection with this federal contract, grant, loan or cooperative
agreement, District shall complete and submit HUD's "Standard Form-LLL, Disclosure
Form to Report Lobbying," in accordance with its instructions.
12. Records
If required by the Housing and Urban Development Department, Tarrant Regional Water
District agrees that the City will have the right to audit the financial and business records of the
District that relate to the EDI Grant (collectively "Records") at any time during the Term of
this Agreement and for one (1) year thereafter in order to determine compliance with this
Agreement. Throughout the Term of this Agreement and for one (1) year thereafter, the
District shall make all Records available to the City at a location in the City acceptable to both
parties following reasonable advance notice by the City and shall otherwise cooperate fully
with the City during any audit. Notwithstanding anything to the contrary herein, this Section
14 shall survive expiration or earlier termination of this Agreement.
13. Miscellaneous Provisions
All written notices called for or required by this Agreement shall be addressed to the following,
or such other party or address as either party designates in writing, by certified mail, postage
prepaid, or by hand delivery:
City of Fort Worth,Planning Department
Attn: Patrina Newton
1000 Throckmorton Street
Fort Worth, Texas 76102
Tarrant Regional Water District
Attn:
800 E. Northside Drive
Fort Worth, Texas 76102
It is understood that by execution of this Agreement, the City does not waive or surrender
any of it governmental powers.
8
Captions and headings used in this Agreement are for reference purposes only and shall not be
deemed a part of this Agreement.
All terms of this contract shall apply to any and all subcontractors of District who are in any
way paid with Grant funds or who perform any work in connection with District's program.
The provisions of this agreement are severable, and, if for any reason a clause, sentence,
paragraph or other part of this agreement shall be determined to be invalid by a court or federal
or state agency, board or commission having jurisdiction over the subject matter thereof, such
invalidity shall not affect other provisions which can be given effect without the invalid
provision.
The failure of the City to insist upon the performance of any term or provision of this
agreement or to exercise any right herein conferred shall not be construed as a waiver or
relinquishment to any extent of City's right to assert or rely upon any such term or right on
any future occasion.
This Agreement shall be construed in accordance with the laws of the State of Texas. If any
action, whether real or asserted, at law or in equity, arises on the basis of any provision of
this Agreement, venue for such action shall lie in state courts located in Tarrant County,
Texas or the United States District Court for the Northern District of Texas — Fort Worth
Division.
This written instrument and the exhibits attached hereto, which are incorporated by reference
and made a part of this contract for all purposes, constitute the entire agreement between the
parties hereto concerning the work and services to be performed hereunder, and any prior or
contemporaneous, oral or written agreement which purports to vary from the terms hereof
shall be void. Any amendments to the terms of this contract must be in writing and must be
approved by each party to this contract. The following attachments are hereby made a part of
this Agreement:
Exhibit"A"- Scope of Services (consisting of one (1)total pages)
Exhibit"B"- City Secretary Contract No. 29557- FY 2003 EDI Special Grant Project
Grant Agreement and attachments (consisting of thirteen(13) total pages)
Z:�
Exhibit"C"- Standard Agreement and attachments between Tarrant Regional Water
District and Camp Dresser &McKee,, Inc. (consisting of fifty-nine (59)
total pages)
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F
IN W s ontract in Fort-
ITNESS WHEREOF, the parties have executed Lour co Of t1l
Worth, Tarrant County, Texas, this L-Sib day of 'k, . 2005.
CITY OF FORT WORTH TARRANT REGIONAL WATER
DISTRICT
1000 Throckmorton Street PO Box 4508
Fort Worth, Texas 76102 Fort Worth, Texas 7616470508
t—N
By: B
kAssistant City Manager' 4ames A O
General Manager
ATTEST: APPROVED AS TO FORM AND
LEGALITY-
By: By:_
CA, i� �
City Secretar en BrunimA', S-taff Attorney
Tarrant Regional Water District
APPROVED AS TO FORM
AND LEGALITY:
B
Assistant City Attorney
"41 . .. . .
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[ X E HI
� BIT
Trinity River Vision Project: Preliminary Design of Urban Waterfront
Scope of Service
Item Estimated Cos
Design of Road and Utility $193,403
Improvements:
Design of Pedestrian Pavement/Vertical
Retaining Wall: $238,679
Design of Tree Grates and Trees: $192,884
Design of Benches, Drinking Fountains,
and Informative Signs: $4,730
Design of Aquatic Life Shade and Habitat
Improvements: $71,093
Project Administration: $103,946
Total: $804,735
EXHIBIT
C' rT
A t5
CITY S '
09ONTREACTt4O7y4AL-1 B
FY 2003 EDI-SPECIAL PRO-W-,CT NO. B-03-SP-TX-076.8
GRANT AGREE-TVIENT
This Grant Agreement between the Department of Housing and Urban
Development (HUD) and City of Fort Worth (the Grantee) is made pursuant to the
authority of Public Law 108-7 (the FY 2003 Appropriations Act for HUD and other
agencies) and House Report 108-10 (the Conference Report on the Appropriations Act).
The amount shown below is 99.35% of the amount specified in the Conference Report
because of a .65%rescission mandated in the Act. The Grantee's application package, as
may be amended by the provisions of this Grant Agreement, is hereby incorporated into
this Agreement, is hereby incorporated into this Agreement.
In reliance upon and in consideration of the mutual representations and obligations
hereunder, HUD and the Grantee agree as follows:
Subject to the provisions of the Grant Agreement, HUD will make grant funds in
the amount of$804,735 available to the Grantee.
The Grantee agrees to abide by the following:
ARTICLE I. HUD Requirements.
The Grantee agrees to comply with the following requirements for which HUD
has enforcement responsibility.
A. The grant funds will only be used for activities described in the application,
which is incorporated by reference and made part of this Agreement as may
be modified by Article VIII(A) of this Grant Agreement.
B. EQUAL OPPORTUNITY REQUIREMENTS
The grant funds must be made available in accordance with the following:
I For projects involving housing, the requirements of the Fair Housing
Act(42 U.S.C. 3601-20) and implementing regulations at 24 CFR
Part 100; Executive Order 11063 (Equal Opportunity in Housing)
and implementing regulations at 24 CFR Part 107.
2. The requirements of Title VI of the Civil Rights Act of 1964
(42 U.S.C. 20004) (Nondiscrimination in Federally Assisted
Programs) and implementing regulations issued at 24 CFR Part 1.
3. The prohibitions against discrimination on the basis of age under
the Age Discrimination Act of 1975 (42 U.S-C, 6101-07) and
i-mplementing regulations at 24 CFR Part 146, and the prohibitia
against discrimination against handicapped individuals under set
504 of the Rehabilitation Act or 1973 (29 U.S.C. 794) and
implementing regulations at 24 CFR Part S.
4 L
9 1
-UD
4. The requirements of 24 CFR 5.105(a)regarding equal opportunity
as well as the requirements of Executive Order 11246 (Equal
Employment Opportunity) and the implementing regulations issued
at 41 CFR Chapter 60.
5. For those grants funding construction covered by 24 CFR 135, the
requirements of section 3 of the Housing and Urban Development
Act of 1968, (12 U.S.C. 1701u)which requires that economic
opportunities generated by certain HUD financial assistance shall
to the greatest extent feasible,be given to low- and very low-income
persons and to businesses that provide economic opportunities for
these persons.
6. The requirements of Executive Orders 11625 and 12432
(concerning Minority Business Enterprise), and 12138
(concerning Women's Business Enterprise). Consistent with
HUD's responsibilities under these Orders, the Grantee must make
efforts to encourage the use of minority and women's business
enterprises in connection with grant funded activities. See 24 CFR
Part 85.36(e) , which describes actions to be taken by the Grantee to
assure that minority business enterprises and women business
enterprises are used when possible in the procurement of property
and services.
7. Where applicable, Grantee shall maintain records of its efforts to
comply with the requirements cited in Paragraphs 5 and 6 above.
C. ENVIRONMENTAL REVIEW REQUIREMENTS.
1. If the Grantee is a unit of general local government, a State, an Indian
Tribe, or an Alaskan Native Village, the Grantee agrees to assume all of
the "responsibilities for environmental review and decision- making and
actions, as specified and required in regulations issued by the Secretary
pursuant to the Multifamily Housing Property Disposition Reform Act of
1994 and published in 24 CFR Part 58.
2. If the Grantee is a housing authority, redevelopment agency,
academic institution, hospital, or other non-profit organization, the
Grantee shall request the unit of general local government, Indian
Tribe, or Alaskan Native Village, within which the project is located and
which exercises land use responsibility, to assume all of the
responsibilities for environmental review and decision-making as
specified in paragraph C.1 above, and the Grantee shall carry out all of the
responsibilities of a recipient under 24 CFR Part 58.
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D. Administrative requirements of OMB Circular A-133 "Audits of States,
Local governments and Non-Profit Organizations."
E. For State and Local Governments, the Administrative requirements of
24 CFR Part 85, including the procurement requirements of 24 CFR Part
85.36, and the requirements of OMB Circular A-87 regarding Cost
Principles for State and Local Governments. For Non-Profits, the
Administrative requirements of 24 CFR Part 84, including the procurement
requirements of 24 CFR Part 84.40, and OMB Circular A-122 regarding
Cost Principles for Non-Profit Institutions. For Institutions of Higher
Education the applicable OMB Circular regarding Cost Principles is A-21.
F. The regulations at 24 CFR Part 87,related to lobbying, including the
requirement that the Grantee obtain certifications and disclosures from
all covered persons.
G. Restrictions on participation by ineligible, debarred or suspended persons
or entities as described in Executive Order 12549 and at CFR 24 Part
5.105(c).
H. The Uniform Relocation Act as implemented by regulations at 49 CFR
Part 24.
I. The Grantee will comply with all accessibility requirements under section
504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing
regulations at 24 CFR Part 8,where applicable.
ARTICLE 11. Conditions Precedent to Draw Down.
The Grantee may not draw down grant funds until the following actions have taken place:
A. The Grantee has received and approved any certifications and disclosures
required by 24 CFR 87.100 concerning lobbying and by 24 CFR 24.510(b)
regarding ineligibility, suspension and debarment.
B. Any other conditions listed in Article VII ( C) of this Grant Agreement.
ARTICLE M. Draw Downs.
A. A request by the Grantee to draw down grant funds under the Voice
Response Access system or any other payment system constitutes a
representation by the Grantee that it and all participating parties are
complying with the terms of this Grant Agreement.
'k
B. The Grantee will be paid on an advance basis provided that the Gr
rinnimizes the time elapsing between transfer of the grant funds an
p mesa.7"Tj ,!7,
disbursement for project purposes and otherwise follows the requir T-
of 24 CFR Part 85 or Part 84 and Treasury Circular 1075 (31 CFR 0
C. Before the Grant Agreement is signed, the Grantee may incur cost for activities
which are exempt from environmental review under 24 CFR Part 58 and may
charge the costs to the giant. Funds provided by this grant however, may not be
used for reimbursement of expenses incurred prior to the enactment of The Act
authorizing these funds on February 20,2003.
ARTICLE IV. Progress Reports.
A. The Grantee shall submit to the Grant Officer a progress report every six months
after the effective date of the Grant Agreement. Progress reports shall consist of
(1) a narrative of work accomplished during the reporting period and (2) a
completed Financial Status Report -Form 269 A.
HUD may require additional information or increased frequency of reporting as
described in Article VII ( C ).
B. The performance reports must contain the information required under 24
CFR Part 85.40(b) (2) or 24 CFR Part 84.51(a), as applicable including a
comparison of actual accomplishment to the objectives indicated in the
approved application, the reasons for slippage if established objectives were not
met, and additional pertinent information including explanation of significant cost
overruns.
C. No grant drawdowns will be approved for projects with overdue progress
reports.
ARTICLE V. Project Close-out.
A. The grantee shall submit to the Grant Officer a written request to close-out the
grant 30 days after the grantee has drawn down all funds and completed the
activities described in the application, as may be amended. The final report shall
consist of (1) a narrative of all work accomplished during the project period and
(2) a completed Financial Status Report -Form 269 A covering the entire project
period.
HUD will then send the Close-out Agreement and Close-out Certification to the
Grantee. At HUD's option,the Grantee may delay initiation of project close-out
until the resolution of any HUD monitoring findings. If HUD exercises this
option the Grantee must promptly resolve the findings.
B. The Grantee recognizes that the close-out process may entail a review by
HUD to determine compliance with the Grant Agreement by the Grantee
and all participating parties. The Grantee agrees to cooperate with any
review in any way possible, including making available records requested
by HUD ani the project for on-site HM inspection.
1E,
Ci 01,
C. The Grantee shall,Pr 0 vide to HUD the following documentation:
1. A Certification of Project Completion.
2. A Grant Close-out Agreement.
3. A final financial report giving the amount and types of project costs
charged to the grant(that meet the allowability and allocability
requirements of OMB Circular A-122,A-87 or A-21 as applicable,
including the"necessary and reasonable"standard); a certification of
the costs; and the amounts and sources of other project funds.
4. A final performance report providing a comparison of actual
accomplishments with each of the project commitments and
objectives in the approved application, the reasons for slippage
if established objectives were not met and additional pertinent
information including explanation of significant cost overruns.
D. The Grantee agrees that the grant funds are allowable only to the extent that
the project costs, meeting the standard of OMB Circular A-122,A-87 or
A-21 as applicable_, equal the grant amount plus other sources of project'
funds provided.
E. When HUD has determined that the grant funds are allowable,
the activities were completed as described by the Grant Agreement,
and all Federal requirements were satisfied, HUD and the Grantee
will sign the Close-out Agreement and Close-out Certificate.
E. The Close-out Agreement will include the Grantee's Agreement to abide
by any continuing federal requirements.
ARTICLE VI. Default.
A default under this Grant Agreement shall consist of using grant funds for a
purpose other than as authorized by this Agreement, any noncompliance with legislative,
regulatory, or other requirements applicable to the Agreement, any other material breach
of this Agreement, or any material misrepresentation in the application submissions.
ARTICLE V11. Additional Provisions.
A. Project Description. The project is as described in the application with the following
changes: NONE
B, Changes or Clarification to the Application Related to Participating Parties:
The Administrative Agent if any:
A
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C. Special Conditions:
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NO'NE
U.S. Department of Housing City of Fort North
and Urban Development
Charles Boswell
Authonzed Si afore Authorized Signature
Donald P. Mains Assistant City Manager
DAS for Economic Development Title
Date Date
ATTESTED BY
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APP WASTOFORMAWLMAITTY.-
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U.S. Department of Housing
Assistance Award/Amendment and Urban Development
Office of Administration L t
I.Assistance Instrument 2.Type of—A.ti.n _
Cooperative Agreement nX Grant LAJ F-_� Award U 'Amendment
of this Action 3.Instrument Number 4.Amendment Number 5.Effective Date of Number
5-Effective D�
4,Amendment Number
B-03-SP-TX-0768 _7
7.Name and Address of Recipient 18.HUD Administering Office
City of Fort Worth CPD,ED] Special Project Division
451 7th Street, SW, Rm 7146
_ Clt� ManMer''-0 Washington, DC 20410-7000
, rockmb
1000 n Avenue Trldlfoeor
Fort Worth,TX 76102
EIN:75-6000528
8a.Name of Administrator �]8b.Telephone Number
10. Recipient Project Manager 9.HUD Government Technical Representative
Charles - Boswel 1 Vernessa Whitfield 202-708-3773,Extension: 4655
1.Assistance Arrangement 12.Payment Method 11 HUD Payment Office
ElCost Reimbursement Treasury Check Reimbursement Chief Financial Officier
Cost Sharing Advance Check
Fixed Price 0 Automated Clearinghouse
14.Assistance Amount 15.HUD Accounting and Apropriation Data
Previous HUD Amount 15a.Appropriation Number 15b.Reservation Number
HUD Amount this Action $804,735.00 86 3/5 0162 EID 03
Total HUD Amount $804,735.00 Amount Previously Obligated
Recipient Amount Obligation by this Action $804,735.00
Total Instrument Amount $804,735.001 Total Obligation $804,735.00
16.Description
For waterfront facilities construction for-the Trinity River Visions project.
This Award consists of the following i,tems which are appended to and hereby made part"of this.Award:
(A) Cover Page HUD 1044
(B) Grant Agreement
Special Conditions:
Please contact Jack Pipkin HUD Area Environmental Officer at 817-978-5985, concerning
environmental review. NO FUNDS may be drawdrawn prior to environmental release of funds
approval.
Recipient is required to sign and return three(3)copies of 18 Recipient is not required to sign this document.
1 0
this document to-the HUD Administering Office- I
19, Recipient(By Name): 120.HUD(By Name).-
Charles Boswell 1 Donald P. Main,
Plignature&Title, 'Date: Signature and Title. jDate,
D L-r Econoirdo Dere,CT
Previous Editions are Obsolete U 1044(8,190)
i t
'Jul, nd Pool<2210,17
City of Fort Worth; Texas
ND r and council 4zommunication
DATE I REFERENCE NUMBER LOG NAME PAGE
8126/03 8126/03 G-14071 22TRINITY RIVER I of 2
SUBJECT AUTHORIZATION TO APPLY R AND ACCEPT AN ECONOMIC DEVELOPMENT"
INITIATIVE (EDI) SPECIAL PROJECT GRANT FOR THE TRINITY RIVER VISION
WATERFRONT FACILITIES CONSTRUCTION PROJECT, AND ADOPT THE
ATTACHED APPROPRIATION ORDINANCE
RECOMMENDATION:
It is recommended that the City Council:
1. Authorize the City Manager to apply fo aid-accept an Economic Development Initiative (EDI)
Special Project grant in the amount o $804,735 fr6m the U.S. Department of Housing and Urban
A
Development (HUD) for the Trinity River Vision Waterfront Facilities Construction project; and
2. Authorize the City Manager to execute a grant agreement with HUD to fund the Trinity River Vision
Waterfront Facilities Construction project; and
3. Adopt the attached appropriation ordinance increasing the estimated receipts and appropriations in
the Grants Fund by $804,735 upon receipt of the grant.
DISCUSSION:
On June 3, 2003, the City Council adopted the Trinity River Vision Master Plan as a guide for future
development along the Trinity River and its major tributaries. The Tarrant Regional Water District
(TRWD), in cooperation with Streams and Valleys, Inc., the U.S. Army Corps of Engineers, and the City
of Fort Worth, led the effort to prepare the master plan.
The master plan recommends altering the flow of the Trinity River at the confluence of the Clear and
West Forks.near downtown. The purpose of this project is to control the flow of the Trinity River so as
to allow greater public access to the river and to create an urban waterfront environment. The
proposed waterfront development will also r reduce,central-city flooding threats, especially the 'sump
areas" that still remain in the 100-year flood plain area. The waterfront concept has been endorsed by
the City Council, the Tarrant County Commissioners Court, the TRWD board, and Streams and Valleys,
Inc.
During the FY2003 federal appropriations process, the City received an EDI Special Project earmark in
the amount of $804,735 to support the design of the first phase of the proposed urban waterfront
improvements. The EDI funds do not have a matching requirement. The TRWD proposes to contract
with an appropriate consultant to prepare the design. The Planning Department will administer the
grant funds.
This project is located in COUNCIL DISTRICTS 2 and 9.
City of Fort Worth, Texas
or and Council Communication
DATE REFERENCE NUMBER LOG NAME PAGE
8/26103 G-14071 I 22TRINITY RIVER I 2of2
SUBJECT AUTHORIZATION TO APPLY FOR AND ACCEPT AN ECONOMIC DEVELOPMENT
INITIATIVE (EDI) SPECIAL PROJECT GRANT FOR THE TRINITY RIVER VISION
WATERFRONT FACILITIES CONSTRUCTION PROJECT, AND ADOPT THE
ATTACHED APPROPRIATION ORDINANCE
FISCAL INFORMATION/CERTIFICATION:
The Finance Director certifies that upon approval of the above recommendations, receipt of the grant
and adoption of the attached appropriation ordinance, funds will be available in the current operating
budget,-as appropriated, of the Grants Fund.
RZ:r
Submitted for City'vlanager's FUND ACCOUNT CENTER AINIOLINT CITY SECRETARY
Office by: (to)
3)GR76 451727 022206874000 $804,735.00
Richard Zavala(Acting) 6183 3) GR76 5(various) 022206874010 $804,735.00
Originating Department Head:
Fern =do Costa 8042 (from) APPROVED 08/26/03
ORD.# 15658
Additional Information Contact:
Patrina Newton 8068
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Ordinance No /
AN ORDINANCE INCREASING ESTIMATED RECEIPTS AND
APPROPRIATIONS IN THE GRANTS FUND IN THE AMOUNT OF $804'735.00.
UPON RECEIPT OF THE GRANT FROM THE U. S. DEPARTMENT OF
HOUSING AND URBAN DEVELOPK@ENT, FOR THE PURPOSE OF FUNDING
TRINITY RIVER VISION WATERFRONT FACILITIES CONSTRUCTION
PROJECT; MAKING THIS ORDINANCE CUMULATIVE OF PRIOR
ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE
DATE.
'
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT VVDRTH,
TEXAS:
SECTION 1.
That in addition to those amounts allocated to the various City departments forFiscal Year 2002-
2003 in the Budget of the City Manager, thee shall also be increased estimated receipts and
U.S.appropriations in the Grants Fund in the amount of($_E_0'_4,7ii3 , upon receipt of the grant from the
Department of Housing and mma / Development, for the purpose ur funding the Trinity River
Vision Waterfront Facilities Construction Project.
SECTION 2.
That should any portion, section or part of a section of this ordinance be declared invalid.
inoperative or void for any reason by a court of competent jurisdiction, such deciskm, opinion or
judgment shall in no way impair the remaining portiona, senUona, or parts of sections of this
ordinance,which said remaining provisions shall be and remain in full force and effect.
SECTION 3.
That this ordinance shall be cumulative of Ordinance No' 15184 and all other ordinances and
appropriations amending the same except in those instances where the provisions of this ordinance
are in direct conflict with such other ordinances and appropriations, 1n which instance said
conflicting provisions of said prior ordinances and appropriations are hereby expressly repealed.
`
SECTION 4.
This ordinance shall take effect upon adoption.
A VED AS TO FORM AND LEGALITY.-
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ADOPTED AND EFFECTIVE:
L03
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City of Fort Worth, Texas
Waterfront Facilities Construction for the Trinity River Vision Project
(B-03-SP-TX-0768)
Project Narrative
The City of Fort Worth seeks $804,735 in Economic Development Initiative (EDI)
funds to prepare the design of the first phase of a proposed urban waterfront. The
proposed urban waterfront is one of the recommendations from the Trinity River
Vision Master Plan ("TRV Master Plan") described below.
Proposed Improvements
The urban waterfront improvements, estimated to cost $15 million, include: design
and construction of increased water surface area, greenbelt dedication, aquatic
restoration, habitat restoration, and pedestrian connections from the Cultural
District/Trinity park area to the Historic Stockyards and northside neighborhoods,
and to Heritage Park and Downtown Fort Worth.
The first phase of the waterfront design includes: road and utility improvements to
accommodate waterfront construction; installing pedestrian pavement adjacent to
the water's edge with a vertical retaining wall; installing tree grates and trees within
the waterfront pavement; installing amenities such as benches, drinking fountains,
and informative signs; and undertaking shade and habitat improvements for the fish
and other aquatic life in the Trinity River.
The TRV Master Plan recommends altering the flow of the Trinity River at the
confluence of the Clear and West Forks near Downtown by creating a bypass
channel to handle flood flows and to create a quiescent river in the Central City
segment of the Trinity River, which is adjacent to Downtown. The bypass channel
and quiescent river will result in greater public access to the river and facilitate the
development of an urban waterfront environment.
The proposed urban waterfront development accomplishes several major objectives.
The bypass channel will reduce central city flooding threats, especially the "sump
areas" that still remain in the 100-year floodplain. The bypass channel can restore
flood protection back to the mandated Standard Project Flood +4 foot criteria, which
has now been compromised due to substantial urbanization in the Trinity River
watershed upstream of Fort Worth. The urban waterfront will serve as a focal point
for recreational users along other parts of the Trinity River as well as link the Historic
Stockyards and near north neighborhoods with Downtown and the Cultural District.
The Fort Worth City Council, the Tarrant County Commissioners Court, the Tarrant
Regional Water District board, and Streams and Valleys, Inc. have endorsed the
urban waterfront concept,
Economic Impact
Ten waterfront zones have been identified for redevelopment. Approximately 850
acres of area could then transition to higher density mixed use developments
Waterfront Facilities Construction for the Trinity River Vision Project(B-03-SP-TX-0768)
Project Narrative
Page 2
bringing people back to the central city to live, work, play, and learn. All of the
zones, except the historic Samuels Avenue zone are seen as higher density
developments with 6 to 20+ story buildings encouraged. This would allow for
continued growth of downtown Fort Worth. Much of the subject area is
underdeveloped or vacant parcels that were once industrial uses now becoming
obsolete with newer technologies and suburban industrial parks.
The 40-year build out is estimated to be about 9,980,000 square feet of taxable
properties that would be valued at $1.3 billion, This generates substantial ad
valorem, sales tax, and other revenues to the City of Fort Worth, Fort Worth
Independent School District, Tarrant Regional Water District, and Tarrant County
jurisdictions. It allows the great momentum created by the last 15 years of
Downtown renaissance to continue for at least another half century.
This revenue base coupled with federal and state funds from flood control, economic
and community development, transportation, environmental restoration,
environmental clean-up ("brownfields"), and recreational sources would appear to
make the whole Trinity River Vision feasible to be implemented over a 10 to 20 year
period. The overall project can be developed in phases, so that funding can be
spread out over several budget cycles for the various governmental bodies.
Trinity River Vision Master Plan and Central City Economic Feasibility Study
On June 3, 2003, the City Council adopted the Trinity River Vision Master Plan as a
guide for future development along the Trinity River and its major tributaries. The
Tarrant Regional Water District, in cooperation with Streams and Valleys, Inc., the
U.S. Army Corps of Engineers, and the City of Fort Worth, led the effort to prepare
the master plan. As part of the planning process, a team of consultants
recommended re-channeling the Trinity River in the Central City segment, which is
adjacent to the Downtown area, to address flooding issues and potential
redevelopment of this area.
Based on the TRV Master Plan recommendation, the Tarrant Regional Water District
commissioned a second scope of work on the feasibility of a bypass channel in the
Central City segment of the Trinity River. Completed in April 2003, the Central City
Economic Feasibility study outlines the redevelopment potential of the Central City
segment that could occur by installing a bypass channel.
Funding
During the FY 2003 federal appropriations process, the City received an Economic
Development Initiative (EDI) - Special Project earmark in the amount of $804,735 to
support the design of the first phase of the proposed urban waterfront improvements.
The Tarrant Regional Water District proposes to contract with an appropriate
consultant to prepare the design. The design is estimated to begin Fall 2003 and
continue over an 18-month period ending Spring 2005. The City of Fort Worth will
administer the grant funds.
,F
City of Fort Worth, Texas
Waterfront Facilities Construction for the Trinity River Vision Project
(B-03-SP-TX-0768)
Budget
First Phase of Waterfront Design
Item Estimated Cost
Road and Utility Improvements: $200,000
Pedestrian Pavement with a Vertical
Retaining Wall: $250,000
Tree Grates and Trees: $250,000
Benches, Drinking Fountains, and
Informative Signs: $4,735
Aquatic Life Shade and Habitat
Improvements: $100,000
Total: $804,735
� ,r
City of Fort Worth, Texas
Trinity River Vision Project: Preliminary Design of Urban Waterfront
(B-03-SP-TX-0768)
Budget Amendment
February 2005
First Phase Design
Item Estimated Cost
Design of Road and Utility $193,403
Improvements:
Design of Pedestrian Pavement/Vertical
Retaining Wall: $238,679
Design of Tree Grates and Trees: $192,884
Design of Benches, Drinking Fountains,
and Informative Signs: $4,730
Design of Aquatic Life Shade and Habitat
Improvements: $71,093
Project Administration: $103,946
Total: $804,735
EXHIBIT
TARRANT REGIONAL WATER DISTRICT C
STANDARD AGREEMENT FOR ENGINEERING SERVICES
This AGREEMENT is between Tarrant Regional Water District (the "DISTRICT"), and
Camp Dresser & McKee Inc., 777 Taylor Street Suite 1050, Fort Worth, Texas 76102 (the
"ENGINEER"), for a PROJECT generally described as: Preliminary Engineering Design to
support the U.S. Army Corps of Engineers (USACE) Feasibility Study and Environmental
Impact Statement for the Fort Worth Trinity Point Project.
Article I
Scope of Services
The Scope of Services is set forth in Attachment A.
Article 2
Compensation
Compensation to the ENGINEER will be paid in accordance with Attachment B. The
ENGINEER's compensation will not exceed $7,128,000.00 without written approval.
Article 3
Terms of Payment
Payments to the ENGINEER will be made as follows:
A. Invoice and Payment
(1) Monthly invoices will be issued by the ENGINEER for all work performed under this
AGREEMENT. Invoices are due and payable within 30 days of receipt.
(2) The ENGINEER shall provide the DISTRICT sufficient documentation to reasonably
substantiate the invoices.
(3) Upon completion of services enumerated in Article 1, the final payment of any
balance will be due within 30 days of receipt of the final invoice.
(4) In the event of a disputed or contested billing, only that portion so contested will be
withheld from payment, and the undisputed portion will be paid. The DISTRICT will
exercise reasonableness in contesting any bill or portion thereof. No interest will
accrue on any contested portion of the billing until mutually resolved except as
provided for in A. 5. below.
(5) If the DISTRICT fails to make payment in full to ENGINEER for billings contested in
good faith within 60 days of the original due date, the ENGINEER may, after giving
7 days written notice to DISTRICT, suspend services under this AGREEMENT until
paid in full, including interest at the rate of ten percent (10%) per annum. In the
event of suspension of services, the ENGINEER shall have no liability to DISTRICT
for delays or damages caused the DISTRICT because of such suspension of
services,
Article 4
Obligations of the Engineer
Amendments to Article 4, if any, are included in Attachment A.
A. General
The ENGINEER will serve as the DISTRICT's professional engineering representative
under this AGREEMENT, providing professional engineering consultation and advice and
furnishing customary services incidental thereto.
B. Standard of Care
The standard of care applicable to the ENGINEER's services will be the degree of skill and
diligence normally employed in the State of Texas by professional engineers or consultants
performing the same or similar services at the time such services are performed.
C. Subsurface Investigations
(1) The ENGINEER shall advise the DISTRICT with regard to the necessity for
subcontract work such as special surveys, tests, test borings, or other
subsurface investigations in connection with design and engineering work to be
performed hereunder. The ENGINEER shall also advise the DISTRICT
concerning the results of same. The DISTRICT shall pay for such surveys,
tests, and investigations, unless otherwise specified in Attachment B.
(2) In soils, foundation, groundwater, and other subsurface investigations, the
actual characteristics may vary significantly between successive test points and
sample intervals and at locations other than where observations, exploration,
and investigations have been made. Because of the inherent uncertainties in
subsurface evaluations, changed or unanticipated underground conditions may
occur that could affect the total PROJECT cost and/or execution. These
conditions and cost/execution effects are not the responsibility of the
ENGINEER.
D. Preparation of Engineering Drawings
The ENGINEER will provide to the DISTRICT original drawings of all plans on reproducible
sheets, or as otherwise approved by DISTRICT, which shall become the property of the
DISTRICT. DISTRICT may use such drawings in any manner it desires; provided,
however, that the ENGINEER shall not be liable for the use of such drawings for any
project other than the project described herein,
E. Engineer's Personnel at Construction Site
(1) The presence or duties of the ENGINEER's personnel at a construction site,
whether as on-site representatives or otherwise, do not make the ENGINEER or its
personnel in any way responsible for those duties that belong to the DISTRICT
and/or the DISTRICT's construction contractors or other entities, and do not relieve
the construction contractors or any other entity of their obligations, duties, and
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responsibilities, including, but not limited to, all construction methods, DeanS,&pChO' UGs` sequences, and pn]CedVFGS necessary for coordinating and -~Ap|edn»a/| portions of the COOStnUCt/OD work in accordance with the C0Ot[8Ct --CUDeOs 8Ud any health or safety precautions required by such cOOSt[uCtiOD '`^h The ENG|NEE < and its personnel have no authority to exercise any control uver any construction CODt[8ctOr or other entity or their employees in Con-ou-n with their
work Or any health O[safety precautions.
(2) Except t0 the extent of specific site visits eXp[8n3|y detailed and Set forth in
Attachment A' the ENGINEER or its p8C3ODne| 3h@/| have no obUg8b0D or
responsibility to visit the CQDStru[tiOO Site to beC0rOO familiar with the pnDgm8So Or
gUa|ih/ of the completed work OD the PROJECT or to determine, in
— �Oner3|'
if the
vOFk on the PROJECT is being performed in 8 D3DDer indicating that the PRCJECT` when oODp|etBd` will be in accordance with the Contract Documents,
nor anything in the Contract D8oUneOtS Or the agreement between DISTRICT ENGINEER be construed as requiring ENGINEER to make -' h@uStiVo or continUoUs 0n-Site inspections t0 di000V8[ latent defects in the work orotherwise
check the quality or quantity of the work OD the PROJECT. If, for any [883OD' the ENG/NEER ShOU/d D8k8 on-site ObSGFV8tiODs, On the basis of such OOSit8
ObSO[v8tiODS` if any, the ENGINEER shall endeavor to keep the DISTRICT informed
of any deviation from the Contract D0CUO8DtS cODir° to the 8CtU8| DOtiCS of
ENGINEER the PROJECT.
/5\ When pn]fe3SiOD8/ certification Of performance or Ch8/8CtehStiCG Of materials,
Scope Of Services, the EN(3/NEERshall beOntiUedtO rely upon such Ce[ti�C8tiODt"
establish mO@teh8|S` systems or equipment and' pe�D0n8noO criteria to be required
in the Contract DOCU[D8DtS. "
F. Opinions of Probable Cost, Financial Considerations, and Schedules
(1} The ENGINEER Gh8|/ provide opinions of probable oOStS based OD the CU[ReDt
available information at the time of preparation, in accordance with Attachment A.
C2\ In providing opinions Of cost, Un8nc/u| on8|ySeS` eQODODliC fe8SibU/b/ projections,
'8Dd 8ChOdU/8S for the PROJECT, the ENGINEER has no control over cost Orprice
Of labor and materials; unknown or latent conditions of existing
equipment or
structures that may affect operation or rR8int9O8Dce costs; bidding pnQcHdur8s and market conditions; time Or quality Ofperformance by third parties;qUaUtv' type, DgU8geD8Dt, or direction of np�r�UDgpersonnel; and other economic
and Oper8bOD8{ factors that may materially affect the u!UnlaCe PROJECT cost or
schedule, Therefore, the ENGINEER makes no warranty that the E)IST�}/(�T's
actual PROJECT costs, �M8Ocia/ aspects` economic feasibility,. orsChedU|es will not
vary from the EzN(�!yJEE�[�'s Opin/Ons, analyses, projections, or'esUnlabes.
G. Construction Progress Payments
F?8o0nlmendab@ns by the ENGINEER to the DISTRICT for periodic construction progress
payments to the cQnStRJ[t/nn contractor will be based on the ENG|NEER^s knowledge,
information, and belief from selective sampling and observation that the VVo'~ has to the point indicated. Such recommendations d o not represent
that
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continuous or detailed examinations have been made by the ENGINEER to ascertain that
the construction contractor has completed the work iD exact accordance with the Contract
Documents; that the final work will be acceptable in all respects; that the ENGINEER has
made an examination to ascertain how or for what purpose the construction contractor has
used the moneys paid; that title to any of the work, n00ter/e|3. Or equipment has passed 0z
the DISTRICT free and clear Vfliens, da/rDs, s8CUrib/ interests, or encumbrances; or that
there are not other matters at issue between the DISTRICT and the construction contractor
that affect the amount that should bepaid.
H. Record Drawings
Record drawings, if required, will be prepared, in part, OD the basis of information nODlpUed
and furnished by others, and may not always represent the exact location, type of various
COrnpOnent3' or 8X@Ct rn8OneF in which the PROJECT was finally constructed. The
ENGINEER i3 not responsible for any errors or omissions in the iOfO[Dl8t/oO from others
that are incorporated into the record d[8vviOQs.
1' Right tmAudit
(1) ENGINEER 8gF8e3 that the DISTRICT shall, UDd| the gXp/rGt/OD of three (3) years
after final payment under this contract, have access tO and the right tO examine and
photocopy any directly pertinent books, dOnUDleDtS, papers, and FeCOndG of the
ENGINEER involving transactions relating to this COOtn8Ct. ENGINEER agrees that
the DISTRICT Gh8U have 8Coe3s during nOrDl@| vvo[k/Og hOUFS to all necessary
ENGINEER facilities and shall be provided adequate and appropriate workspace in
order to mJDdU[t audits in COnnp/janCe with the pnJvi3iOOS Of this section. The
DISTRICT shall give ENGINEER reasonable advance notice Of intended audits.
(2) ENGINEER further agrees to include in all its sub consultant agreements hereunder
8 provision to the effect that the Sub C0nSU|t8nt agrees that the DISTRICT 3hG||.
UOt// the expiration of three (3) years after final payment under the GUbcOnt[8Ct'
have 8CCeS3 to and the right to GX80iOe and photocopy any directly pertinent
boohS, dOcV[DeO[S. papers and R»COFd3 Of such sub COD3U/t8OL /OVO|YiDg
transactions [O|8UDg to the SVbnODtr8Ct. and hJr1her, that the DISTRICT shall have
8nceSS during normal working hours to sub CoDSu/t8Dt facilities, and Sh8U be
provided adequate and appropriate work 3p8ne. in order to conduct 8Udib] in
ConnpU8D0e with the provisions of this article together with 3ubS0ntiOO (3) hereof.
DISTRICT shall give sub consultant reasonable advance notice of intended audits.
(3) ENGINEER and sub consultant agree UJ photocopy such dOcUrDeD1s as may be
requested by the DISTRICT. The DISTRICT agrees tO reimburse ENGINEER and
sub consultant for the cost of Copies at the rate published in the Texas
Administrative Code in effect as of the time copying is performed,
J. ENG/NEER,s Insurance
(1) Insurance coverage and hrD/1s:
ENGINEER shall provide to the [}ISTR/CTcert|ficate/G\ of insurance documenting policies
of the fo||UvV/ng coverage at rn/OimUrn Un1(ts. which are 10 be in effect prior 10
commencement of work onthePROJECT-
(a) Commercial General Liability Insurance covering claims for Injuries to
members of the public or damage to property of oikers arising out of any
covered act or omission of the ENGINEER, or any of its employees, agents
or subcontractors.
$1,000,000 each occurrence
$1,000,000 aggregate
(b) Comprehensive Automobile and Vehicle Liability Insurance covering
claims for injuries to members of the public and/or damages to property of
others arising from use of motor vehicles, including on-site and off-site
operations, and owned, non-owned or hired vehicles. Coverage shall be on
any vehicle used in the course of the PROJECT.
$1,000,000 combined single limits (or reasonably equivalent limits of
coverage if written on a split limits basis)
(c) Workers' Compensation and Employers' Liability Insurance as follows:
Coverage A: Statutory limits
Coverage B: $100,000 each accident
$500,000 disease - policy limit
$100,000 disease - each employee
(d) Professional Liability Insurance
$1,000,000 per occurrence and in aggregate.
(2) Certificates of insurance evidencing that the ENGINEER has obtained all required
insurance shall be delivered to the DISTRICT prior to ENGINEER proceeding with
the PROJECT.
(a) Applicable policies shall be endorsed to name the DISTRICT an Additional
Insured thereon, as its interests may appear. The term DISTRICT shall
include its employees, officers, officials, agents, and volunteers as respects
the contracted services.
(b) Certificate(s) of insurance shall document that insurance coverage specified
according to items section J. (1) and J. (2) of this AGREEMENT are
provided under applicable policies documented thereon.
(c) Any failure on part of the DISTRICT to request required insurance
documentation shall not constitute a waiver of the insurance requirements,
(d) A minimum of thirty (30') days notice of cancellation, non-renewal or material
change in coverage shall be provided to the DISTRICT, Ten (10) days
notice shall be acceptable in the event of non-payment of premium. Such
terms shall be endorsed onto ENGINEER's insurance policies. Notice shall
be sent to Mr. David Marshall, the District's Engineering Services Manager,
Tarrant Regional Water District, P.O. Box 4508, Fort Worth, Texas 7164-
05013.
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(e) Insurers for all policies [DuS{ be authorized to do business in the State Of
Texas and be approved by the DISTRICT; 8Rd. such /D3Vner3 Sh8U be
acceptable to the DISTRICT in terms Of their financial strength and
solvency.
/0 Deductible /irnitS. or self-insured retentions, affecting insurance required
herein may be acceptable to the DISTRICT at its sole discretion; and, in UGU
of traditional iDSur8OC8, any alternative coverage maintained through
iOSUr@nC8 pOO/5 or risk [et8DdVn groups must be also approved. Dedicated
fin8DCi8| resources Or letters of credit may also be acceptable to the
DISTRICT.
(g) Applicable policies Sh8// each be 8DdVns8d with 8 waiver ofsubrogation in
favor Of the DISTRICT as respects the PROJECT.
(h) The DISTRICT Sh8|/ be RDUU8d, UpOD its request and without incurring
expense, to review the ENGINEER'S insurance policies including
endorsements thereto and, at the DISTRICT'S discretion, the ENGINEER
may be required to provide proof nf insurance premium payments.
(i) The CO[nDl8nja/ GeD8[8| Liability insurance policy shall have RO exclusions
by endorsements unless such are approved by the DISTRICT.
0)
The DISTRICT shall not be r8SpVDSib|S for the direct payment Of any
insurance pr8UliUOlS required by this AGREEMENT. It is UDdenStOOd that
insurance cost /San allowable component ofENG|NEER'Soverhead.
(k) All insurance [8qUiF8d 8h8// be written VD an OuCurr8Dcm basis in order to be
approved by the DISTRICT.
(1) Sub uODSV|t8ntS to the ENGINEER Sh8U be required by the ENGINEER b}
maintain the same Or reasonably equivalent insurance coverage aSrequired
for the ENGINEER. When iDSU[3DCe coverage is DO8iDt8iD8d by sub
consultants, ENGINEER shall provide DISTRICT with documentation thereof
on 8 certificate Of insurance. Notwithstanding anything to the contrary
contained h8o0/D, in the event 8 sub consultant's insurance [QVRF8g8 is
C8nC8|ed or terminated, such C8Oce/|aUOD or termination Sh8U not constitute
a breach by ENGINEER Of the AGREEMENT.
K. Independent Consultant
The ENGINEER agrees to perform all services as an independent consultant and not as a
subcontractor, agent, 0[employee oil the DISTRICT.
L. Disclosure
The ENGINEER acknowledges t3 the DISTRICT that it has made hJU disclosure in writing
of any existing conflicts Of interest or potential conflicts Of inteKBst, including personal
financial interest, direct or indirect, in property abutting the pnOpOsed �zF<(�JE{�T and
business re|abonsNps with abutting property Om/Aen$. The ENGINEER further
acknowledges that it will make disclosure in writing of any conflicts of interest, which
develop subsequent to the signing of this contract and prior to final payment under the
contract.
M. Asbestos or Hazardous Substances
(1) Not applicable.
N. Permitting Authorities - Design Changes
If permitting authorities require design changes so as to comply with published design
criteria and/or current engineering practice standards which the ENGINEER should have
been aware of at the time this AGREEMENT was executed, the ENGINEER shall revise
plans and specifications, as required, at its own cost and expense. However, if design
changes are required due to the changes in the permitting authorities' published design
criteria and/or practice standards criteria which are published after the date of this
AGREEMENT which the ENGINEER could not have been reasonably aware of, the
ENGINEER shall notify the DISTRICT of such changes and an adjustment in
compensation will be made through an amendment to this AGREEMENT.
Article 5
Obligations of the District
Amendments to Article 5, if any, are included in Attachment A.
A. District-Furnished Data
The DISTRICT will make available to the ENGINEER all technical data in the DISTRICT's
possession relating to the ENGINEER's services on the PROJECT. The ENGINEER may
rely upon the accuracy, timeliness, and completeness of the information provided by the
DISTRICT.
B. Access to Facilities and Property
The DISTRICT will make its facilities accessible to the ENGINEER as required for the
ENGINEER's performance of its services and will provide labor and safety equipment as
required by the ENGINEER for such access. The DISTRICT will perform, at no cost to the
ENGINEER, such tests of equipment, machinery, pipelines, and other components of the
DISTRICT's facilities as may be required in connection with the ENGINEER's services.
The DISTRICT will be responsible for all acts of the DISTRICT's personnel,
C. Advertisements, Permits, And Access
Unless otherwise agreed to in the Scope of Services, the DISTRICT will obtain, arrange,
and pay for all advertisements for bids; permits and licenses required by local, state, or
federal authorities; and land, easements, rights-of-way, and access necessary for the
ENGINEER's services or PROJECT construction.
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D. Timely Review
The DISTRICT will examine the ENGINEER's studies, reports, sketches, drawings,
specifications, proposals, and other documents; obtain advice of an attorney, insurance
counselor, accountant, auditor, bond and financial advisors, and other consultants as the
DISTRICT deems appropriate; and render in writing decisions required by the DISTRICT in
a timely manner in accordance with the project schedule in Attachment C.
E. Prompt Notice
The DISTRICT will give prompt written notice to the ENGINEER whenever DISTRICT
observes or becomes aware of any development that affects the scope or timing of the
,ENGINEER's services or of any defect in the work of the ENGINEER or construction
contractors.
F. Asbestos or Hazardous Substances Indemnification
(1) Not applicable.
G. Contractor Indemnification and Claims
The DISTRICT agrees to include in all construction contracts the provisions of Article 4.E.
regarding the ENGINEER's Personnel at Construction Site, and provisions providing
contractor indemnification of the DISTRICT and the ENGINEER for contractor's
negligence.
H. Contractor Claims and Third-Party Beneficiaries
(1) The DISTRICT agrees to include the following clause in all contracts with
construction contractors and equipment or materials suppliers:
Contractors, subcontractors and equipment and materials
suppliers on the PROJECT, or their sureties, shall maintain no
direct action against the ENGINEER, its officers, employees, and
subcontractors, for any claim arising out of, in connection with, or
resulting from the engineering services performed. Only the
DISTRICT will be the beneficiary of any undertaking by the
ENGINEER.
(2) This AGREEMENT gives no rights or benefits to anyone other than the DISTRICT
and the ENGINEER and there are no third-party beneficiaries,
(3) The' DISTRICT will include in each agreement it enters into with any other entity or
person regarding the PROJECT a provision that such entity or person shall have no
third-party beneficiary rights under this Agreement.
(4) Nothing contained in this section 5.H. shall be construed as a waiver of any right of the
DISTRICT to bring a claim against ENGINEER.
1. District's Insurance
(1) The DISTRICT in its discretion may maintain property insurance on certain pre-
existing structures associated with the PROJECT.
(2) The DISTRICT will ensure that Builders Risk/installation insurance, if any, is
maintained at the replacement cost value of the PROJECT. The DISTRICT may
provide ENGINEER a copy of the policy or documentation of such on a certificate of
insurance.
(3) The DISTRICT will specify that the Builders Risk/installation insurance, if any, shall
be comprehensive in coverage appropriate to the PROJECT risks.
J. Litigation Assistance
The Scope of Services does not include costs of the ENGINEER for required or requested
assistance to support, prepare, document, bring, defend, or assist in litigation undertaken
or defended by the DISTRICT. In the event DISTRICT requests such services of the
ENGINEER, this AGREEMENT shall be amended or a separate agreement will be
negotiated between the parties.
K. Changes
The DISTRICT may make or approve changes within the general Scope of Services in this
AGREEMENT. If such changes affect the ENGINEER's cost of or time required for
performance of the services, an equitable adjustment will be made through an amendment
to this AGREEMENT with appropriate DISTRICT approval.
Article 6
General Legal Provisions
Amendments to Article 6, if any, are included in Attachment A.
A. Authorization to Proceed
ENGINEER shall be authorized to proceed with this AGREEMENT upon receipt of a written
Notice to Proceed from the DISTRICT.
B. Reuse of Project Documents
All designs, drawings, specifications, documents, and other work products of the
ENGINEER, whether in hard copy or in electronic form, are instruments of service for this
PROJECT, whether the PROJECT is completed or not. Reuse, change, or alteration by
the DISTRICT or by others acting through or on behalf of the DISTRICT of any such
instruments of service without the written permission of the ENGINEER will be at the
DISTRICT's sole risk. The final designs, drawings, specifications and documents shall be
owned by the DISTRICT. Notwithstanding any other provision of this AGREEMENT, all of
ENGINEER's pre-existing or proprietary computer programs, software, information or
materials developed by ENGINEER outside of this AGREEMENT shall be the exclusive
property of ENGINEER-
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C. Force Majeun*
The ENGINEER is not responsible for damages or delay in performance caused by acts of
God, strikes, lockouts, accidents, or other events beyond the control of the ENGINEER.
D. Termination
(1) This AGREEMENT may be terminated only bythe DISTRICT for convenience VO3U
days written notice. This AGREEMENT may be terminated by either the DISTRICT
or the ENGINEER for C8USe if either party fails substantially to perform through no
fault of the other and does not couU[OenC8 correction of such noO-p8rfn[nl8DOe
within 5 days of written notice and diligently complete the correction thereafter.
(2} If this AGREEMENT is terminated for the convenience Of the DISTRICT, the
ENGINEER will be paid for termination expenses @sfollows:
(G) Cost of reproduction of partial or complete studies, plans, specifications or
other forms-VfENG/NEER'S work product;
/b\ Out-of-pocket expenses for purchasing storage containers, nOiorOfi|nl'
8|8otrnn|c data fi|8S. and other data storage supplies or services;
/C\ The time requirements for the ENGINEER's personnel to document the work
under way 8t the time the D|Sl-R|CT's h3rDiOabVO for convenience so that
the work effort is suitable for long time storage.
/3\ Prior to proceeding with tmrOiD8UVO services, the ENGINEER will submit to the
DISTRICT an itemized st8t8D18Ot of all t8rrDiO8tiVO 0Xp8nS8S. The DISTRICT'S
approval will be obtained in VYhUDg prior to proceeding with termination services.
E. Suspension, Delay, or Interruption to Work
The DISTRICT may suspend, de/8y. Or interrupt the services of the ENGINEER for the
convenience of the [)/STFl/ClF. In the event of such suspension, delay, or interruption, an
equitable adjustment in the PF{[)JECT's sChedu|8, m][nrDitOOeO{ and cost of the
ENGINEER's personnel and subcontractors, and ENGINEER's compensation will be made.
F. Indemnification
(1) The ENGINEER agrees to indemnify and defend the DISTRICT from any loss, cost,
or expense claimed by third parties for property damage and bodily injury, iOdUdinQ
death, caused solely by the negligence or willful misconduct of the ENGINEER, its
employees, 0ffice[s, and subcontractors in connection with the PROJECT.
(2) |f the negligence or willful misconduct Of both the ENGINEER and the DISTRICT (or
a person identified above for whom each is liable) is B cause of such damage or
injury, the loss, cost, or expense shall be shared between the ENGINEER and the
DISTRICT iO proportion tO their relative degrees Ofnegligence or willful misconduct
as determined pursuant to Texas Civil Practice and Remedies Code, Section
33.011(4) K/ernon Supplement 1996).
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G. Assignment
Neither party will assign all or any part of this AGREEMENT without the prior written
consent of the other party.
H. Interpretation
Limitations on liability and indemnities in this AGREEMENT are business understandings
between the parties and shall apply to all the different theories of recovery, including
breach of contract or warranty, tort including negligence, strict or statutory liability, or any
other cause of action, except for willful misconduct or gross negligence. "Parties" means
the DISTRICT and the ENGINEER, and their officers, employees, agents, and
subcontractors.
1. Jurisdiction
The law of the State of Texas shall govern the validity of this AGREEMENT, its
interpretation and performance, and any other claims related to it. The venue for any
litigation related to this AGREEMENT shall be Tarrant County, Texas.
J. Alternative Dispute Resolution
(1) All claims, disputes, and other matters in question between the DISTRICT and
ENGINEER arising out of, or in connection with this AGREEMENT or the
PROJECT, or any breach of any obligation or duty of DISTRICT or ENGINEER
hereunder, will be submitted to mediation. If mediation is unsuccessful, the claim,
dispute or other matter in question shall be submitted to arbitration if both parties
acting reasonably agree that the amount of the dispute is likely to be less than
$50,000, exclusive of attorney's fees, costs and expenses. Arbitration shall be in
accordance with the Construction Industry Arbitration Rules of the American
Arbitration Association or other applicable rules of the Association then in effect.
Any award rendered by the arbitrators less than $50,000, exclusive of attorneys'
fees, costs and expenses, will be final, judgment may be entered thereon in any
court having jurisdiction, and will not be subject to appeal or modification except to
the extent permitted by Sections 10 and 11 of the Federal Arbitration Act (9 U.S.C.
Sections 10 and 11).
(2) Any award greater than $50,000, exclusive of attorneys' fees, costs and expenses
may be litigated by either party on a de novo basis. The award shall become final
ninety (90) days from the date same is issued. If litigation is filed by either party
within said ninety (90) day period, the award shall become null and void and shall
not be used by either party for any purpose in the litigation.
K. Severability and Survival
If any of the provisions contained in this AGREEMENT are held for any reason to be
invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability
will not affect any other provision, and this AGREEMENT shall be construed as if such
invalid, illegal, or unenforceable provision had never been contained herein. Articles 5.F.,
6.B., 6,D., 6.1 _ 6.1., and 6.J, shall survive termination of this AGREEMENT for any cause.
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L. Observe and Comply
ENGINEER shall at all brn8S observe and comply with all federal and State /8vvS and
regulations and with all city ondiD8DCeS and negU|8hODS which in any vv8y a88Cf this
AGREEMENT and the work hereunder, and shall observe and comply with all orders, /8vYs
ordinances and regulations which may exist Or may be enacted later bygoverning bOd|�-~
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having jurisdiction or authority for suoenactment. NQ plea of misunderstanding enactment.
or
ignorance thereof shall be considered. ENGINEER agrees to d8fBnd, indemnify and h�O-hanD|eSS DISTRICT and all 0f its officers, agents and employees from and against all
claims Or liability arising out Of the violation Of any such order, law, ordinance, 0rregulation,
whether itbeby itself or its employees.
Article
Attachments, Schedules, and Signatures
This AGREEMENT, including its attachments and schedules, constitute the entire AGREEMENT,
supersedes all prior written Or oral understandings, and may only be Changed by a vvhtt8D
amendment executed by both parties. The following attachments and schedules are hereby made
a part of this AGREEMENT:
Attachment A- (consisting Of forty-eight (4O) total pages)
Attachment B- (consisting of two (2) total pages)
Attachment C- (consisting of one (1) page)
Dated this day nf , 2004.
ATTEST: TARRANT REGIONAL WATER DISTRICT
By:
James M. Oliver
General Manager
APPROVED ASTO FORM AND
LEGALITY
Ken Brummett
Staff Attorney, Tarrant Regional
Water District
ATTEST: Camp Dresser& McKee Inc.
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ATTACHMENT A
TO
ENGINEERING SERVICES AGREEMENT
BETWEEN
TARRANT REGIONAL WATER DISTRICT
AND
CAMP DRESSER & McKEE,INC.
SCOPE OF SERVICES
FOR
Central City,l'rripitir
Project Description
The Tarrant Regional Water District(TRWD)has participated with the North Central
Texas Council of Governments, the United States Army Corps of Engineers (USACE)
and the City of Fort Worth in addressing flooding,recreation, and water quality
challenges as part of the Upper Trinity River Feasibility Study since 1987. In 2000, the
TRWD Board of Directors authorized participation in a Project Study Plan (PSP) titled
"Multi-Purpose Reevaluation of the Clear and West Forks of Trinity River Project Study
Plan". Community stakeholders recommended to TRWD and the USACE a
modification to the PSP scope of work to include a detailed evaluation of flood channel
improvements in the"Central City" segment of the Clear Fork and West Fork of the
Trinity River in late 2001. The tasks for the project relate to the feasibility of long-term
measures to:
■ reduce flood damages;
• improve water quality;
■ provide stream bank protection and erosion control;and
■ implement a framework to protect the river and the adjacent lands.
A subsequent feasibility study recommended creating a bypass channel to handle flood
flows and to create a quiescent river segment on the Trinity adjacent to downtown Fort
Worth. The quiescent river segment would begin at the confluence of the Clear Fork
and the West Fork of the Trinih, River to just upstrearn (South) of the Northside Drive
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April 20, 2004 A-1
Bridge. This area is within the Central City river segment of the Trinity River Vision
Master Plan.
The following scope of services for th Z Trinity Point Project AJ further develop the
' Trinity design o p
Central City concept and result in preliminary design o project. Urban designers
are currently refining the concepts associated with the project in collaboration with
technical and engineering input. The USACE is assisting in the evaluation of the project
and will produce an Environmental impact Statement for the project and will
collaborate/review elements of the project related to flood control, ecosystem
restoration, and recreation.
The preliminary engineering design effort outlined herein will provide the technical
documentation and cost estimates for the locally preferred alternative. CDM will work
with the USACE to support the feasibility analysis of the locally preferred plan.
April 20,2004 A-2
Task 1.0- Conceptual Civil Design
This task will provide a 35 percent concept design level as mutually agreed to with the
USACE.
Relevant USACE, Texas Department of Transportation(TxDOT) and City of Fort Worth
policies and guidance that were considered in developing this scope of services include:
■ EM 1110-2-1913, Design and Construction of Levees;
• EMIIIO-2-2701,Vertical Lift Gates;
■ EM 1110-2-2902,Conduits,Culverts and Pipes;
■ TxDOT Roadway Design Manual;
■ TxDOT Bridge Development Manual;and
■ City of Fort Worth Drainage, Water, and Sanitary Sewer Criteria and Design
Manuals.
Task 1.1 - Survey
1.1.1 Data Collection-ENGINEER will compile existing utility,roadway,
bridge and "as-built" infrastructure data under this task. Data will
include above and below ground public utility information. Private
utility data within the project boundary will also be requested and
compiled.
1.1.1.1 Field-Field surveys will not be conducted under this task. Existing
aerial topographic survey information will be utilized. Spot surveys
of critical infrastructure components will be conducted as needed.
1.1.1.2 Aerial-Existing aerial survey within the project area will be
reviewed to determine the adequacy of existing survey for project
preliminary design.
1.1.13 Existing System Mapping- Existing mapping will be collected and
used to plan future improvements and to supplement the project
surveys.
1,1,2 ENGINEER will prepare a project topographic base map from existing
data and serve as the reference for project design and preparation of
future construction documents.
DELIVERABLE: The result of Task 1.1 will be a consolidated CADD database of
existing topographic information,infrastructure,and utility,information. A
tecilmical memorandum will also be prepared, detailing additional data collection for
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April 20,2004 A-3
specific elements required for 65% completion,including recommendations for
subsequent specific investigations and/or field surveys.
Task 1.2- Streets and Roadways
1.2.1 ENGINEER will meet with the Fort Worth District of the Texas
Department of Transportation to determine applicable requirements for
City and/or State roadways.
1.2.2 ENGINEER will meet with the City of Fort Worth Department of
Transportation and Public Works to define the standard street sections
and to gather input for the re-alignment of impacted streets.
1.2.3 ENGINEER will prepare conceptual horizontal alignments and engineer's
estimates for the reconstruction of major streets impacted by the project.
DELIVERABLE: The result of Task 1.2 will be a technical memorandum discussing
alternatives and options for impacted major streets. Conceptual horizontal
alignments and typical street sections for the reconstruction of portions of major
streets impacted within the project limits will also be provided.
Task 1.3- Bridges
1.3.1 ENGINEER will develop and analyze profile grade options for bridge
approaches. Three bridge crossings will be considered:Main Street,
Henderson Street w/ grade separation, and White Settlement Road.
1.3.2 ENGINEER will develop conceptual framework for each bridge crossing,
including: embankment materials,ADA requirements,span length,
bridge cross-section,pier locations,impacts to adjacent properties, and
type of structure,concept plan view and profile grade
rendering/drawing.
1.3.3 ENGINEER will coordinate improvements with the City of Fort Worth,
TxDOT,FW&W Railroad, and the Urban Design Team.
1.14 ENGINEER will develop preliminary cost estimates.
DELIVERABLE- The result of Task 1.3 will be a technical memorandum evaluating
the engineering considerations and impacts of the conceptual bridge design,
including exhibits showing preliminary vertical alignment, discussion of major
issues and costs for new bridges spanning the proposed channel. Consideration will
be given to pedestrian access,earthen and walled approaches.
Task 1.4- Rail
1,4.1 ENGINEER will determine dhe feasibility and cost associated with the
relocation of the existing Fort Worth&Westem rail hnes.
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1.4.1.1 Develop a conceptual alignment of the existing Fort Worth&Western
relocating the existing Fort Worth &Western RR from approximately 5th
Street to Central Avenue.
1.4-1.2 Determine the required amount of equivalent car storage to be included
in the realignment.
1.4.1.3 Determine right-of-way and bridge requirements for the relocation.
1.42 ENGINEER will identify impacts to existing customers.
1.4.3 ENGINEER will develop a planning level cost estimate for the construction
of the proposed realignment.
DELIVERABLE:The result of Task 1.4 will be a technical memorandum discussing
the technical feasibility, considerations,impacts, and costs of a railroad realignment.
Task 1.5- Utilities
1.5.1 ENGINEER will identify the utilities within the project area impacted by
construction of the new channel and will coordinate with the affected
agencies to identify relocation,reconstruction,and or abandonment
requirements.Public utilities to be included in this task include:
1.5.1.1 Potable Water-Identify major potable water transmission lines
impacted by the project. Meet with the City to determine future
transmission lines, or increased capacity projects through the project
area.
1.5.1.2 Sanitary Sewer-Identify major sanitary interceptor sewer lines
impacted by the project. Determine the feasibility of relocation and
meet with the City to determine future requirements through the
project area.
1.5.1.3 Storm Drainage -Obtain existing drainage information including
available Drainage Area Maps (DAM),and storm sewer system
drawings. Prepare an overall DAM of the project area noting the
existing and proposed conditions,
1,5.1.4 Other Utilities-ENGINEER will contact other franchise utilities and
obtain information on existing utilities within the project area.
Identify major lines impacted by the project and meet with the
respective utility to determine alternative realignments. Utilities to be
contacted include,but are not limited to: Natural Gas, Electric,
Telecommunications,and Local Cable.
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DELIVERABLE: The result of Task 1.5 will be a technical memorandum on
conceptual utility impacts, special considerations and levee crossings,proposed
relocations/realignments, exhibits and costs.
Task 1.6- Pump Stations
1.6.1 ENGINEER will evaluate the requirements for a pumping facility to
transport storm water from within the area bounded by the West Fork
Trinity River and the new flood channel.
1.6.1.1 Based upon the revised Drainage Area Map,provide a Capacity
Analysis on initial and build-out conditions.
1.6.1.2 Prepare preliminary concepts for the Storm Water Pumping Facility.
DELIVERABLE: The result of Task 1.6 will be a technical memorandum discussing the
need, and if required additional studies,or preliminary concepts and costs for storm
water pump station.
Task 1.7- Dam and Control Structures
1.7.1 ENGINEER will coordinate with the Urban Design Team to determine
the preferred location and configuration of the water control structures to
manage Trinity River flows through the project area.
1.7.2 ENGINEER will assess locations, design water elevations,valley storage
impacts,architecture considerations and functionality.
1.7.3 ENGINEER will assess operational considerations will include hydraulic
requirements,aesthetics,reliability,and USACE requirements.
DELIVERABLE: The result of Task 1.7 will be a technical memorandum discussing
hydraulic requirements,water elevations, aesthetics, types of gates and reliability,and
USACE requirements. Conceptual designs for dams and control structures will also be
developed. Structures to be considered include: Samuels Avenue Dam, Henderson
Flood Gate,Northside Flood Gate,and West Fork Flood Gate.
Task 1.8-General Earthwork
L8.1 ENGINEER will provide initial cut and fill calculations based upon the
initial channel alignments and existing topographic information.
1,8-2 ENGINEER will provide initial levee sections based upon preliminary
geotechirical investigations, and hydraulic requirements.
1.3.3 Recommendations in the 65% H&H effort will be used to determine the
approximate amount of valley storage compensation which will be
replaced on a 1:1 basis. ENGINEER will review preliminary locations
suitable for use as roditigation areas.
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1.8.4 ENGINEER will evaluate reuse of excavated materials within the project
area,potential disposal sites, transportation isaues,emviroruoental
concerns, and ecnuocnicconsiderations.
1.8.5 ENGINEER will calculate earthwork volumes required for the mitigation
and prepare exhibits with recommended locations and prehzoivary
volumes.
DELIVERABLE: The result of Task 1.8 will be preliminary estimates of earthwork
associated with conceptual designs. f\ hec}ndcuIznecuozmadocuvvidzexbihitsid g
potential mitigation sites for valley storage,potential locations,constraints,
requirements,and pre costs. Identification of potential spoils areas for excess
materials will also be included. General typical levee sections which will be used to
deterniine earthwork prelinrinary volumes and lin-tits,will also be provided.
Task 1.9- Earth Retention Structures
1.9.1 Based upon the 65% Hydraulic Model and Concept Development Plan,
ENGINEER will determine those areas which will require special
consideration due to channel velocities,spatial limitations, developed
land use,oT erosion control. Measures which may be considered include:
retaining walls,dock walls, revetments, and other similar structures.
1.9.2 ENGINEER will coordinate with the Urban Design Team on the concept
design for hard edge treatments within the new channel. Treatments are
assumed tobesplit level retaining walls.
DELIVERABLE: The result of Task I.9 will 6ea technical memorandum ooconceptual
earth retention structures,locations, design requirements, and preliminary costs.
Task 1.1O- Real Estate Coordination
1.I0.I ENGINEER will assist the IRWD and DBACE with the coordination of
ri�6tofacceasfozbd�aldutacoUe��oouodinvestigations.
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I]O.2 ENGINEER will develop a base parcel exhibit based upon TAD maps
showing the locations and number of properties impacted by the project.
DELIVERABLE: The result o{Task I.lO will provide ongoing assistance and
coordination with real estate issues and tasks including Geotechnical investigations,
Corps of Engineers Right of Entry requirements,City of Fort Worth, Right ofWay
locations,parcel information, and base map information.
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Task 2.0-Preliminary Civil Design
This task will provide a 65 percent preliminary design level as mutually agreed to with
the USACE.
Relevant USACE,Texas Department of Transportation(TxDOT) and City of Fort Worth
policies and guidance that were considered in developing this scope of services include:
■EM 1110-2-1913, Design and Construction of Levees.-
n EM I I I 0-2-2701,Vertical Lift Gates;
■EM 1110-2-2902, Conduits, Culvert and Pipes;
nTxDOT Roadway Design Manual;
■TxDOT Bridge Development Manual;and
■City of Fort Worth Drainage, Water, and Sanitary Sewer Criteria and Design
Manuals.
Task 2.1 - Survey
2.1.1 Data Collection-As necessary beyond that identified in Task 1.1, the
ENGINEER will refine existing utility and"as-built" infrastructure data.
2.1.1.1 Field Survey-Additional field surveys will be conducted,as required,
under this task at selected locations to supplement and confirm aerial
topographic survey,and locate critical infrastructure components.
2.1.1.2 Existing System Mapping-Additional existing mapping will be
collected and used to plan and supplement the project surveys if
needed.
2.2.1 Topographic Mapping-The base topographic map for the project will be
updated and refined as needed by ENGINEER.
2.2.2 Easements- ENGINEER will determine and recommend the locations and
size of temporary and permanent easements for construction-,
construction staging, and maintenance.
DELAIERABLE- The results of Task 2.1 will provide a base project file including a
topographic map denoting existing contour information,supplemental field survey
data gathered during the preliminary design,utility locations, referenced as-built
information gathered during the preliminary investigation phase, bench mark
information, data base reference files used for control to construct hydraulic models
and easement recommendations.
cm April 20,2004 A-8
Task 2.2-Streets and Roadways
2.2.1 ENGINEER will develop preliminary horizontal and vertical alignments
for relocated streets.
2.2.2 ENGINEER will prepare roadway drainage schematics denoting
recommended drainage revisions associated with the various street
realignments.
2.2.3 ENGINEER will prepare an overall street implementation layout
,denoting initial street reconstruction, and temporary improvement
required until full development is implemented. Provide
recommendations for temporary improvements.
2.2.4 ENGINEER will develop a traffic control plan for temporary traffic
routing during construction of the new channel. Plan to be coordinated
with appropriate City and State agencies.
2.2.5 Based upon the preliminary street and roadway realignments and
temporary improvements, ENGINEER will provide updated estimated
construction costs for impacted streets.
DELIVERABLE: The results of Task 2.2 will provide preliminary horizontal and vertical
alignments for the reconstruction for those portions of streets impacted within the
project limits. Delineation of drainage improvements required by the various roadway
revisions will also be provided. A technical memorandum discussing the general
sequence for improvements, temporary roadway bypasses and/or rail crossings and
associated costs will be prepared.
Task 2.3- Bridges
2.3.1 ENGINEER will refine and further develop the options for bridge
approaches and bridge structures.Three bridge crossings will be
considered:Main Street,Henderson Street w/ grade separation,and
White Settlement Road.
2.3.2 ENGINEER will develop preliminary designs for each bridge crossing,
including embankment materials,ADA,span length,pier locations,
impacts to adjacent properties,and type of structure.
2.3.3 ENGINEER will coordinate improvements with the Cih,of Fort Worth,
TxDOT,FW&W Railroad,and the Urban Design Team.'
2.3.4 ENGINEER will develop preliminary design quantities and cost
estimates.
DELIVERABLE: The results of Task 23 will provide preliminary horizontal and vertical
alignments, typical bridge sections, pier locations,prelinunary designs, and proposed
cm April 20,2004 A-9
cross sections for new bridges spanning the proposed channel. A technical
memorandum discussing the proposed sequencing and construction cost estimate for
each bridge will be prepared. Plan view drawings and renderings will also be provided
with the technical memorandum.
Task 2-4- Utilities
2.4.1 ENGINEER will define major construction or service issues based upon
discussions with the affected agencies concerning relocation,
reconstruction, and/or abandonment.
2.4.2 Utility Relocation Plans-ENGINEER will prepare preliminary designs
including plan and profile for the relocation,abandonment,or
replacement public utilities.
2.4.2.1 Potable Water-Prepare preliminary design of major potable water
transmission lines impacted by the project. Meet with the City to
determine future transmission lines,or increased capacity projects
through the project area.
2.4.2.2 Sanitary Sewer- Prepare preliminary design of major sanitary
interceptor sewer lines impacted by the project. Coordinate with the
City on currently planned or anticipated projects.
2.4.2.3 Storm Drainage-Prepare preliminary design of required drainage
improvements,update Drainage Area Maps, and coordinate drainage
improvements with roadway and street improvements.
2.4.2.4 Service Area Requirements-Based upon the preferred development
plan and conceptual economic development densities,prepare a
preliminary assessment of future capacity of public utilities to service
the project area.
2.4.3 Other Utilities- Based upon discussions with the franchise utilities,
ENGINEER will develop a preliminary relocation design for major lines
impacted by the project. Utilities to be contacted include but are not
limited to: Natural Gas, Electric,Telecommunications,and Local Cable.
DELIVERABLE:The results of Task 2.4 will provide pre linunary designs for proposed
utility relocations',reahgnments,levee crossings,additional perimeter public utilities
required to service the project, and incorporation of future utility improvements
furnished by the City. Preliminary designs to include a preliminary design report,as
well as plan and profile views for relocations and lines terminated by the channel
improvements,general cross sections, sequencing of proposed improvements,and
preliminary cost estimates,
cm April 20,2004 A-101
Task 2.5 -Pump Stations
2.5.1 Wastewater Pumping Facility-If required, ENGINEER will prepare a
preliminary design for a pumping facility to convey waste water collected
from within the area bounded by the West Fork Trinity River and the
new bypass channel.
2.5.2 Storm water Pumping Facility-ENGINEER will prepare a preliminary
design for a pumping facility to transport storm water from within the
area bounded by the West Fork Trinity River and the new bypass
channel.
DELIVERABLE: The results of Task 2.5 will provide preliminary designs for required
storm and/or sanitary sewer pumping station(s) to service the project area. Preliminary
design to include a preliminary design report,including design assumptions,sizing
parameters and criteria,preliminary layouts,equipment recommendations, and
preliminary cost estimates.
Task 2.6- Dam and Control Structures
2.6.1 ENGINEER will prepare a preliminary design for the Samuels Avenue
Dam,and determine the preferred location and control gate
configuration. Prepare plan and cross-sectional views for the proposed
spillway,impoundment structure and gate mechanism.
2.6.2 ENGINEER will prepare a preliminary design for the main flood control
gates to isolate the old channel. Prepare plan and cross-sectional views of
the gate mechanism,gate structure,and levee connection.
2.6.3 ENGINEER will develop an initial operating control strategy based upon
hydraulic modeling results,allowable water surface variations,and
control range of selected spillway mechanism.
DELIVERABLE: The results of Task 2.6 will provide preliminary designs consisting of
proposed gate geometry,control structure cross sections,embankment profiles,plan
views,control gate configurations,available data on similar gate structures,operating
systems,recommendations for any final design investigations and discussion of USACE
requirements. The anticipated control structures include:Samuels Avenue Dam,
Henderson Flood Gate,Northside Flood Gate,and West Fork Flood Gate.
Task 2.7- General Earthwork
2,11.1 Based upon the final channel alignment,ENGINEER will determine the
cut and fill volumes for the channel excavation and levee construction.
2.7.2 Levee Design- ENGINEER will provide preliminary levee design and
cross sections based upon geotechnical investigations'.urban design,and
hydraulic requirements,
CM April 20,2004 A-11
2.7.3 ENGINEER will coordinate with the geotechnical investigation and
environmental review on excavation procedures,staging,or special
remediation,which may be required due to contaminants expected to be
encountered.
2.7.4 Based upon the final hydraulic calculations, ENGINEER will determine
the approximate amount of valley storage necessary for compensation on
a 1:1 basis. Analyze preliminary locations suitable for use as mitigation
areas.
2.7.5 ENGINEER will evaluate reuse of excavated materials within the project
area, potential disposal sites., transportation issues,environmental
concerns, and economic considerations.
2.7.6 ENGINEER will calculate the required earthwork volumes required for
valley storage mitigation and prepare exhibits with recommended
locations and preliminary volumes.
DELIVERABLE: The results of Task 2.7 will provide estimated earthwork cut,fill, and
haul-off(import) volumes. Electronic files of existing and proposed surfaces,used in the
calculation of earthwork volumes associated with the new channel alignment and valley
Storage mitigation requirements,will also be provided. Earthwork calculations will
include cut,fill and spoil/borrow volumes. Plan views of the project channel alignment
and structures with geometric control,contour information, and selected cross-sections
will also be provided. A technical memorandum will be prepared;including exhibits
identifying sites for potential hazardous materials mitigation,valley storage
replacement,and spoils/borrow (if required). Evaluation of potential (spoils/borrow)
sites based on economic,environmental and cost factors will also be provided.
Task 2.8- Earth Retention Structures
2.8.1 ENGINEER will develop preliminary designs for retaining wall
structures within the bypass channel. Retaining wall configuration,
height, and aesthetic design will be coordinated with the urban design
2.8.2 ENGINEER will provide a preliminary design for areas that will require
special consideration due to channel velocities,spatial limitations,
developed land use,or erosion control. Measures which may be
considered include additional retaining walls, revetments, or other
measures.
DELIVERABLE- The results of Task 2.8 will provide preliminary designs for retaining
walls,revetments, or erosion control measures which are required as part of the channel
improvements. The base hydraulic model will be used to determine those areas where
additional retention or erosion control improvements may be required.
Cm
April 20,2004 A-12
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Task 29- Real Estate Coordination
29] ENGINEER will assist tbeIDWZ)andDSACEvridzdzecoordiouti000f
access for initial data collection and tnv /yti investigations.
�a ooa.
2.92 ENGINEER will develop a base parcel exhibit based upon TAD maps
showing the locations and number o[properties impacted 6vdbeproject.
2.9.3 ENGINEER will assist with recommendations onRiv�t-o�\��a
Right-of-Way
acquisition/abandonment.
DELIVERABLE: The results o[Task 2.9 will provide ongoing assistance and
coordinadmu with real estate issues and tasks including investigations,Corps of
Engineers Right of Entry requirements,detailed design information gathering,
recommended Right-of Way locations,Iiobt-o�l�ayabaodoz�zezzt parcel iub�ooutio�
and base zuapioforznation' -
CM April 20,2004 A-13
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Task 3.0-Hydrology and Hydraulics
The following were considered in developing this scope of services:
■ Develop design data such as dimensions,elevations and layout for facility elements
including bypass channel, channel levees, darns,gates,and interior drainage facilities;
■ Verify that proposed facilities meet regulatory design and performance requirements
and prepare preliminary design of needed mitigation facilities;
■ Prepare and verify an operating strategy for the proposed facility; and
■ Relevant and appropriate USACE policies and guidance will be the basis of work
performed under this scope of services.
This scope of services will provide a final model of the Locally Preferred Plan (LPP) and
then support the concept and preliminary design.
Task 3.1 - Establish Existing and Revised Existing Conditions Models
3.1.1 ENGINEER will define design criteria and regulatory requirements in
conjunction with USACE.
3.1.2 ENGINEER will establish existing conditions flows and obtain USACE
concurrence.
3.1.3 ENGINEER will establish existing conditions hydraulic model and obtain
USACE concurrence.
3.1.4 ENGINEER will establish revised existing model that would include additional
refinements (such as additional cross-sections and revised bridges) to the existing
conditions model to facilitate subsequent analyses.
DELIVERABLE: The result of Task 3.1 will be a technical memorandum describing the
hydrology and hydraulics assessment approach for the project and existing and revised
existing models.
Task 3.2-Establish and Refine Future Conditions Model (65 percent model)
For up to three alternatives, the following will be accomplished with USACE review and
concurrence,
3.2.1 ENGINEER will define revised hydrology and model flows.
3.2.2 ENGINEER will develop preliminary design of bypass channel, darns,
gates and levees and represent them in HEC-RAS.
3,x.3 ENGINEER will refine system config-aration that satisfies design criteria,-
finalize channel size,levee height and gate sizes.
cm April 20,2004 A-14
3.2.4 ENGINEER will determine mitigation storage requirements and develop
preliminary design.
3.2.5 ENGINEER will complete 65 percent model and submit to USACE for review.
DELIVERABLE: The result of Task 3.2 will be a future conditions model and a technical
memorandum describing the results.
Task 3.3-Establish Model of Locally Preferred Plan (LPP)
3.3.1 ENGINEER will coordinate with the Urban Design Team and other disciplines
(civil, geotechnical,structural,environmental) to establish the preferred
configuration.
3.3.2 ENGINEER will represent preferred configurations in hydraulic model as the
locally preferred plan (LPP) and provide to USACE for review.
3.3.3 ENGINEER will revise model based on USACE comments.
DELIVERABLE: The result of Task 3.3 will be a model of the locally preferred plan and
a technical memorandum describing the results.
Task 3.4-Additional H/H Design Issues
3.4.1 ENGINEER will conduct geomorphologic analysis and define proposed channel
cross-section.
3.4.2 ENGINEER will conduct bed stability and scour analysis and design proposed
mitigation measures.
3.4.3 ENGINEER will assess sediment flushing needs and capabilities.
3.4.4 ENGINEER will evaluate interior flood hydrology and determine sizes of
appropriate storage, conveyance and pumping facilities.
DELIVERABLE: The result of Task 3.4 will be a refined model of the locally preferred
plan, additional models for scour and sediment transport, and models necessary for
evaluating interior drainage. Technical memorandums describing the results of scour
and sediment transport analyses and a memorandum describing interior drainage
analyses and recommendations will also be provided.
Task 3.5- Establish Operating Characteristics
35.1 ENGINEER will use dynamic modeling to identify operating procedures for
darns,gates, and other operable structures for full range of event frequencies
including normal flow (October mean),2-,5--, 1(l-, 25-,50-,and 100--year and
Standard Project Flood (SPF)flows.
3,15.2 ENGINEER will verify performance using final model.
cm April 20,2004 A-15
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DELIVERABLE' The results nf Task 3.5 will include u refined model of the
- � locally
preferred-_m_�naod��clu�c�. �� "^"" """ d==`^^uu � the operati ng
zg
characteristics and recommendations.
Task 3.6 -Model Refinement and Design Development
3.6.1 ENGINEER will respond togenozetz'�changes that arise during the development
of the 65 percent preliminary project design.
3.6.2 ENGINEER will coordinate with D5ACEuoo�rn�icant�o--- changes.
DELIVERABLE: The results ul Task 3.6 will include a refined model nf the loculb'
preferred]plmuand a technical ozeozozandocodescribing the zefinez�eobs. '
Cm April 20,2004 A-16
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Task 4.0- Geotechnical Design
This task will provide u35 percent concept design level as mutually agreed tm with the
lJSA/CE.
Relevant USACE, Texas Department of and City of��Wo��
policies and 'daocethat mrereconsidered izd thtoacopeofservices inuclode:
nB&{IIIO-Z-l9I3, Engineering&cI}esign: [)eoigmofCuuotrocd000fLeveeo;
nEMIlIO-I-l8O4,GeotechnicalInvestigations;
xII&YlIl0-2-l906, Laboratory Soil Testing;and
nEM 1110-2-2300,Earth &Rock-Filled Dams General Design&Construction
Considerations.
Task 4.1 - Conceptual Gcotecbzical Design B5percent)
Significant information from the Phase IGeotechnical Investigation ia not expected to
available uL the time the 35 percent deliverable iodue. The technical memorandum
deliverables will be developed based mz existing and available site information and data.
Note that the conceptual recommendations and cost estimates provided will be qualified
based on the amount and quality of available information and data. If sufficient
information and data are not available,oorecommendations will bemade.
hi developing the scope of services for dris task,it was considered that the USACE will
prepare field logs and laboratory test results sheets for submittals.
4.1.1 ENGINEER will evaluate foundation support options for the bridge
abutments for planning and conceptual cost estimating for the proposed
Main Street,Henderson Street,and White Settlement Road bridges.
4.1.2 Dam and Control Structures
4].2.I Site Suitability- BNGIhJEBRwUIevalomhetbeauitzbUitvoftbe
sites selected for the proposed dam and three flood gates. The
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sites will be evaluated tu determine i[any factors such as
settlement,stability,and seepage including under seepage can be
identified that would preclude the construction ofthe dam and
flood gates.
4.122 General[)esiguCoucepta-ENGINEBIlnil review and/or
develop design concepts for typical dam sections and slopes. 'Me
design concepts are for planning and cost estimating for the
following: Samuels Dam,Henderson Flood Gate,Northside
Flood Gate, and West Fork Flood Gate.
cm April 20,2004 A-17
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4.1.3 Bypass Channel and Levees
4.1.3.1 Alignment Suitability-ENGINEER will evaluate the suitability of
materials for use io the construction of the bypass channel
alignment. Significant factors that might affect the design will be
identified. Factors will include settlement,stability,internal and
under seepage.
4.1.12 Conceptual Design - ENGINEER will provide concept design
recommendations for the bypass channel and levees. Conceptual
slope angles will be provided for the channel and the levees.
Possible levee section alternatives will beconsidered. Suitability
of soils from the proposed channel excavations will beevaluated
for use bu the levees and the Samuels Avenue Dam. The design
concepts will be developed for use bu planning and cost
estimating.
4.1.4 Earth Retention Structures
4.1.4.1 Design Concepts-ENGINEBDwillevaluute the suitability and
provide design concepts for earth retention structures. Erosion
control will bcconsidered. Measures which may beconsidered
include:retaining walls,dock wnllsoevetments,andothersimilar
zncasozeu.
DELIVERABLES: The results of Task 4.1 include:
n Technical Memorandum evaluating bridge abutment foundation support,providing
conceptual foundation support options and cost estimates for the conceptual design.
The general geology and the available subsurface conditions encountered during the
Phase IGeoteclnnical Investigation will be discussed. Ibzeebridgecrouu' will be
considered:Main Street,Henderson Street,and White Settlement Road.
n Technical Memorandum discussing the bypass channel,bzcloJing the suitability o/
materials for use iaconstruction. Factors that might affect the design will be
identified. The general geology and the subsurface conditions encountered during
the Phase I Geotechnical Investigation (that is, the available information and data;the
Phase I Investigation im not expected to be complete mt the time o/the J5% submittal)
will be discussed. Provide conceptual designs including slope angles and typical
levees sections.
a Technical memorandum no conceptual earth retention structures,which will beused
tn provide information for the development of conceptual costs.
Task 4.2-Preliminary GmotecbnlcaIDesign
421 Bridges
4.2.1.1 ENGINEER will evaluate site conditions at three proposed bridge
locations.
4.2.1.2 ENGINEER will evaluate foundation support options for the
bridge abutments for final design and cost estimating for the
proposed Main Street,Henderson Street, and White Settlement
Road bridges.
4.2.2 Dam and Control Structures
4.2.2.1 ENGINEER will evaluate sites for the proposed dam and three
flood gates. Evaluations will address settlement,bearing capacity,
stability, and seepage including under seepage.
4.2.2.2 ENGINEER will provide geotechnical recommendations for dam
sections,control (flood) gate structures,slopes,and associated
features. The recommendations are for final design and cost
estimating for the following: Samuels Avenue Dam, Henderson
Flood Gate,Northside Flood Gate,and West Fork Flood Gate.
4.2.3 Bypass Channel and Levees
4.2.3.1 ENGINEER will evaluate site conditions along the proposed
bypass channel alignment. Settlement,stability,internal and
under seepage will be evaluated.
4.2.3.2 ENGINEER will provide geotechnical recommendations for the
bypass channel and levees for final design and cost estimating.
Slope angles (for stability),and compaction and seepage control
requirements will be provided for the channel and the levees.
Levee section alternatives will be recommended. Suitability of
soils from the proposed channel excavations will be evaluated for
use in the levees.
4.2.4 Earth Retention Structures
42.4.1 ENGINEER will provide geotechnical criteria for the design of
earth retention structures, Erosion control will be addressed as
appropriate. Structural types may include: retaining walls, dock
walls,revetments,and other structures.
DELIVERABLES. The results of Task 4.2 include-
Technical Memorandum evaluating bridge abutment foundation support,providing
foundation support options and cost estimates for final design. The general geology
and the subsurface conditions encountered during the Phase I and 11 Geotecbnical
cm Apri120,2004 A-19
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Investigations will be discussed. Three bridge crossings will be considered: Main
Street, Henderson Street, and White Settlement Boad.
w Technical Memorandum discussing site conditions for a dam and three flood gates.
Stability,bearing capacity,settlement,and seepage will be addressed for the dam and
control structures. Final geotechnicaI design recommendations will be made for dam
sections,control (flood) gate structures,slopes, and dam features for final design and
cost estimating. The general geology and the subsurface conditions encountered
during the Phase I and DGentecboical Investigations will bediscussed. Structures to
l»c considered include: Samuels Avenue Dam,Henderson Flood Gate,Nortbside
Flood Gate,and West Fork Flood Gate.
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Technical Memorandum discussing the site conditions along the bypass channel
alignment. The general geology and the subsurface conditions encountered duzing
the Phase I and DGeotechnicmJ Investigations will bediscussed. Design
recommendations will be made for levee section(cross-sections) alternatives,slope
angles, and earthwork for final design and cost estimating.
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Technical memorandum providing geoteclunicul criteria for earth retention structures,
which will be used for final design and cost estimates.
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Task 5.0 Environmental
This task will provide a 35 percent concept design level as to with the
[J5AJ�E. - agreed
Significant information from the Phase I Environmental Investigation io not expected to
available ut the time the 35 percent deliverable isdue. The technical oueoxorandnzo
deliverables will be developed based mn existing and available site information and data.
Relevant USA[B,Texas Commission uo Environmental Quality (TCE0,� 'ud���
BmfVYorbbpolicies and 'daocethat p/ereconsidered ioo developing this' scope of
services include:
n EM}IIO-2-l9IS, Engineering& Design: Design of Construction ofLevees.
The following were also considered bu developing dheacopeofnezviceo6ortbiatuuk:
�
It is understood that access to most individual properties will likely not be permitted
within the 35 percent and b5 percent delivery schedules. For this reason, the
environmental assessment and remediation will not be performed in accordance with
typical regulatory practice such us the development of Phase I and l[and uo
appropriate Phase III environmental assessments. The entire IrioitvDeuDgozuent
Project vv�lbe assessed and zezoediutedaoa single project.
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w It is understood that the bypass channel will be excavated along with soils that may
exceed applicable regulatory standards. The regulatory exceeding soils will be
b
disposed of/I\within the earthen levees, (2)buaSobUeI}landfill, �AiouSubd8eI}
laud�����be��t���o�h��eCbaz�dono��s 'l' which
ever isappropriate. Groundwater that is encountered during the bypass channel
excavation and exceeds applicable regulatory standards will have to be treated in
accordance with NPIlE5orP(JTWrequirements. Also,buildings uk`n�dbebynaas
cbcozuclabguooeotv��lhave tnbedeznolsbed and any asbestos and - on-site�^
hazardous uzute�ulmniDhave tobeappropriately disposed. These im - mwin be
addressed based upon the available information and data.
� TbeUSACE will prepare the sampling and analyses plan (SAM, the health and oafe�
p� (H�'�d �m���g w�cm�����ox��. '
Task 5.1 - Conceptual Environmental Design (35 percent)
5J.I ENGINEER will screen the environmental database search results iodetermine
which properties located along the proposed channel re-routing corridor are
unlikely tn have recognized euviroznmeotulcuodidouo (RECs). [Jodertbiotask,
ENGINEER will further identify those properties that have potential for site
contamination and those properties that are knV-,vnbooz have a potential iohave
RE[s.
CM April 20,2004 A-21
5.1.2 ENGINEER will review USAGE Phase I ESA database search findings.
5.1.3 ENGINEER will conduct research at TCEQ Central Records to determine current
status of identified REC sites.
5.1.4 ENGINEER will generate map of sites of environmental concern and those sites
that are considered to hold environmental liabilities.
5.1.5 ENGINEER will evaluate the groundwater quality along the proposed bypass
channel alignment for planning and conceptual cost estimating. Existing and
available information and data will be reviewed for this purpose. Based on this
information, ENGINEER will estimate the degree of the groundwater problem
and its potential impact on the Trinity Realignment Project. No quantitative
estimates of the amount of contaminated groundwater will be made.
5.1.6 ENGINEER will evaluate the potential for soil contamination along the proposed
bypass channel alignment. This evaluation will be based upon the on the
information, data,and the type of facilities along the proposed alignment. No
quantitative estimates of contaminated soil volumes will be made.
DELIVERABLE: The results of Task 5.1 will include:
■ Technical Memorandum summarizing the existing and available information
and data along the proposed bypass channel alignment. Maps indicating sites of
environmental concern will be included. Potential environmental impacts will
be identified.
■ Technical Memorandum evaluating the groundwater quality along the proposed
bypass channel alignment,and discussing the impact of the groundwater
contamination.
■ Technical Memorandum discussing the type of soil contamination that can be
expected to occur along the proposed bypass channel alignment.
Task 5.2-Preliminary Environmental Design (65 percent)
5.2.1 ENGINEER will review existing and available environmental information and
data along the proposed bypass channel alignment. ENGINEER will perform
environmental investigations (Phase I and 11)in conjunction with geotechrucal
investigations along the proposed alignment. The collected information and data
will be evaluated with respect to its impact on the project.
5.2.21 ENGINEER will evaluate the groundwater quality along the proposed bypass
channel alignment for planning and preliminary cost estimating. Existing and
available information and data will be reviewed for this purpose. Groundwater
monitoring wells will be installed as allowed by TCEQ and samples N-vill be
collected for analytical to-sting in co,[j nc-cn with e geotechr cal
-1 w t,i th
April 20,2004 A-22
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investigations. Geotechnical investigations will provide information for
tbe nitude of tatua� eteztbee��u�zo �� D�ncd� o �
on the information obtained,ENGINEER will estimate the degree nfthe
groundwater problem and its potential impact nntbe'[zinityIleabgnzuent
Project. 0o quantitative estimates cftbmazoonntofcoutaozinatedgrnuudwaber
will Demade.
52.3 ENGINEER will evaluate the potential for soil contamination along the proposed
6ynous channel alignment. Environmental soil samples will be obtained at
selected locations along the bypass-channel a6jZnzncoton accessible properties ,
for analytical hesttugd i the Phase I and Dinvestigations. The evaluation
will be based upon the on available information, data, and the type of facilities,
and the results of environmental investigations (Phase I and ID along the
proposed alignment. yJo quantitative estimates of contaminated soil volumes
will bemade.
[)ELT\7BDf\BLE: The results ofTask 52 will include:
� Technical Memorandum summarizing existing and available information and
data,and the results of Phase I and 11 environmental investigations along the
proposed bypass channel alignment. I'oteotiaIezoiconznenhali adnvviUbe
identified.
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Technical Memorandum evaluating the groundwater quality along the proposed
bypass channel alignment and discussing the impact ofthcgrcundwatez
contamination. The general magnitude of groundwater seeping into the
excavations and the possible need for groundwater treatment will be discussed.
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Technical Memorandum discussing type contamination
expected to occur along the proposed bypass channel alignment. A general
understanding will be provided for what soils may be acceptable for use inthe
project levees and earthwork,and what soils will have to be disposed of off-site.
Various potential means ofoff-site disposal will lediscussed.
Cm Apri120,2004 A-23
Task 6.0- Conceptual Structural Design
This task will provide a 25 percent concept design level as mutually agreed to with the
USACE.
Relevant USACE policies and guidance that were considered in developing this scope of
services include:
• ER 1110-2-1156, Dam Safety-Organization,Responsibilities, and Activities;
■ EM 1110-2-2300, Earth&Rock-Fill Dams General Design&Construction
Considerations;
■ EM 1110-2-2701,Vertical Lift Gates;
■ EM 1110-2-2703, Lock Gates and Operating Equipment;
■ EM 1110-2-2502,Retaining and Flood Walls;
■ EM 1110-2-2000,Standard Practice for Concrete for Civil Works Structures;
■ EM 1110-2-2007,Structural Design of Concrete Lined Flood Control Channels;and
■ EM 1110-2-2104,Strength Design for Reinforced-Concrete Hydraulic Structures.
Task 6.1 -Flood Control Structures
6.1.1 ENGINEER will develop concepts and alternatives for the main control
structures.
6.1.2 ENGINEER will define general structural requirements based upon
available information.
6.1.3 ENGINEER will coordinate with the geotechnical engineer to establish
general suitability of the sites relative to bearing capacity,settlement,
seepage,and slope stability.
6.1.4 ENGINEER will provide a screening analysis of applicable gate controls
structures for the proposed dam structure.
6.1,5 ENGINEER will provide general cross-sections of anticipated structures:
Samuels Avenue Dam,Northside Control Structure, Henderson Control
Structure, and West Fork Control Structure.
DELIVERABLE: The results of Task 6.1 will include:
■ Technical memorandum discussing structural desigm criteria,requirements, and
general special considerations,
CM April 20,2004 A-24
■ Technical Memorandum discussing the operational criteria, types,and
recommendation for control gates.
■ Conceptual sections for the Samuels Avenue Dam.
Task 6.2-Flood and Retaining Walls
6.2.1 ENGINEER will develop concepts and alternatives for flood and
retaining wall structures.
6.2.2 ENGINEER will coordinate with the geotechnical engineer to establish
feasibility of flood and retaining wall alternatives.
6.2.3 ENGINEER will define general structural requirements based upon
available information.
6.2.4 ENGINEER will develop design criteria to be used during the
preliminary design phase.
6.2.5 ENGINEER will provide general cross-sections of anticipated structures.
DELIVERABLE: The results of Task 6.2 will include a technical memorandum defining
the design basis,including a discussion of design criteria, design procedures,materials,
and stability considerations for the design of retaining walls and conceptual and typical
sections proposed for retaining walls.
Task 6.3-Bridges
6.3.1 ENGINEER will participate in design workshop with the Urban Design
Team and incorporate aesthetic ideas into structure planning.
6.3.2 ENGINEER will provide consultation as needed on proposed bridge
structures: Main Street Bridge,Henderson Street Bridge,White
Settlement Road, and FW&W Railroad.
DELIVERABLE: The result of Task 6.3 will be a technical memorandum discussing
special considerations,constraints, and requirements.
Task 6.4-Pumping Facilities
6.4.1 ENGINEER will coordinate with geotechnical engineer to determine
general foundation and structural suitability of the sites based upon
available information.
DELIVERABLE- The result of Task 6.4 will be a technical memorandum defining the
design basis,including a discussion of design criteria, and any special considerations.
cm April 20,2004 A-25
Task 7.0-Preliminar y Structur4j_.Desi�rl
This task-will provide a 65 percent preliminary design level as mutually agreed to with
the USACE.
Relevant USACE policies and guidance that were considered in developing this scope of
services include:
■ ER 1110-2-1156, Dam Safety -Organization,Responsibilities, and Activities;
■ EM 1110-2-2300, Earth &Rock-Fill Dams General Design &Construction
Considerations;
■ EM 1110-2-2701,Vertical Lift Gates;
■ EM 1110-2-2702, Design of Spillway Tainter Gates;
■ EM 1110-2-2703, Lock Gates and Operating Equipment,
■ EM 1110-2-2502,Retaining and Flood Walls;
■ EM 1110-2-2000,Standard Practice for Concrete for Civil Works Structures;
■ EM 1110-2-2007,Structural Design of Concrete Lined Flood Control Channels;and
■ EM 1110-2-2104,Strength Design for Reinforced-Concrete Hydraulic Structures.
Task 7.1 -Flood Control Structures
7.1.1 ENGINEER will evaluate applicable control gate and isolation gate types
and mechanisms and structural requirements.
7.1.1.1 ENGINEER will provide recommendations for control gate
configuration and operation.
7.1.1.2 ENGINEER will provide recommendations for isolation gate type and
configuration.
7.1.2 ENGINEER will incorporate foundation requirements (bearing capacity,
settlement,seepage,and slope stability as appropriate) into the design
based upon geotechnical information and requirements of specific control
and isolation gates.
7.1.3 ENGINEER will provide pre linimary design of foundation layouts-and
structural components.
7.1,4 ENGINEER will provide general sections and plan layouts of anticipated
structures,- Samuels Avenue Dane,Northside Control Structure,
Henderson Control Structure, and West Fork Control Structure.
CM April 20,2004 A-26
7.1.5 ENGINEER will'coordinate with geotechnical to provide design
recommendations on backfill materials, equipment and compaction
requirements, and construction considerations.
DELIVERABLES: The results of Task 7.1 include preliminary designs for control and
isolation gate geometry,control structure cross sections, embankment profiles,plan
views,control gate configurations,and discussion of USACE requirements.
Task 7.2-Flood and Retaining Walls
7.2.1 ENGINEER will develop preliminary design of foundation requirements
based upon allowable bearing capacity,settlement,slope stability,
hydraulic and seepage requirements and lateral earth pressures.
7.2.2 ENGINEER will provide general sections and plan layouts of anticipated
structures.
7.2.3 ENGINEER will determine general foundation and structural
requirements based upon available information.
7.2.4 ENGINEER will provide design recommendations on backfill materials,
and construction.
7.2.5 ENGINEER will provide general cross-sections of anticipated structures.
DELIVERABLES: The results of Task 7.2 include preliminary designs consisting of
design requirements,calculations, and criteria,structure cross sections,foundations,
backfill requirements, gate structures,operating systems,recommendations for final
design and discussion of USAGE requirements.
Task 7.3-Bridges
7.3.1 ENGINEER will provide consultation as needed on proposed
foundations and bridge structures including: Main Street Bridge,
Henderson Street Bridge,White Settlement Road,and FW&W Railroad.
DELIVERABLES: The results of Task 7.3 include preliminary designs defining the
design basis,a discussion of design criteria,drawing showing typical cross-section,span
lengths,pier locations and depths, design procedures,materials,and embankments.
Task 7.4-Pumping Facilities
7.4.1 ENGINEER will deter general foundation and structural
requirements based upon preliminary sizing and location plan.
7.4.2 ENGINEER will provide design recommendations on backfill materials,
and construction considerations.
CDA� April 20,2004 A-27
DELIVERABLES: The results of Task 7.4 include preliminary designs consisting of
proposed geometry,cross sections, and recommendations for final design.
Task 7.5-Miscellaneous Structures
7.5.1 ENGINEER will provide input into foundation and structural
requirements for miscellaneous structures as required.
DELIVERABLES: The results of Task 7.5 include preliminary designs consisting of
proposed geometry,cross sections, and recommendations for final design.
Cm Apri120,2004 A-28
Task 8.0-Ecosystems and Permitting
The following considerations were made in developing the scope of services for this
task:
■ Ecosystem restoration may exist both within the inu-nediate project boundaries of the
Trinity Point project or within the larger Central City project boundaries defined by
the USACE.
■ Ecosystem restoration will include aquatic,riparian,wetland, and upland habitats.
Task 8.1 -Existing Ecosystem Data Collection and Characterization
8.1.1 Existing Federal Ecosystem Data/Characterizations for Project Area
ENGINEER will collect existing ecosystem information from federal
sources (USACE,USFWS, USEPA) relevant to the Project. Data will be
compiled in GIS format where possible.
8.1.2 Existing State/Local Ecosystem Data/Characterizations for Project Area
ENGINEER will collect existing ecosystem information from state and
local sources (City of Fort Worth,TCEQ,TRWD,TRA)relevant to the
Project. Data will be compiled in GIS format where possible.
8.1.3 Identification of Current Habitat Locations
ENGINEER will collect habitat characteristics information relative to any
endangered species characteristics associated with the Project.
8.1.4 Existing Endangered Species Data/Characteristics
ENGINEER will characterize existing ecosystem information relative to
any endangered species characteristics associated with the Project.
8.1.5 Known Opportunities/Preferences for Ecosystem Restoration
ENGINEER will characterize known opportunities for ecosystem
restoration within the project area.
DELIVERABLE: The result of Task 8.1 will be a technical memorandum describing the
data collected, discussion of endangered species issues (if any),and discussion of known
opportunities for ecosystem restoration. In addition this task will produce data for the
project GIS.
Task 8.2- Ecosystem Restoration Analyses
82.1 Definition of Alternatives for Ecosystem Restoration
wf�
April 20,2004 A-29
ENGINEER will develop up to four alternatives for ecosystem restoration
with the Project area.
8.2.2 Alternatives Analysis
ENGINEER will analyze alternatives for ecosystem restoration relative to
federal criteria,local preferences,cost, and operation and maintenance
implications.
8.2.3 Recommendations for Ecosystem Restoration
ENGINEER will make recommendations for ecosystem restoration with
in the project area.
DELIVERABLE: The result of Task 8.2 will be a technical memorandum describing the
analyses of ecosystem restoration alternatives and presenting recommendations for
ecosystem improvements. In addition, this task will produce data for the project GIS.
Task 8.3- Ecosystem Restoration Preliminary Design
8.3.1 Ecosystem Restoration Preliminary Design
ENGINEER will develop preliminary design drawings and descriptions
for the following classes of ecosystem improvements in the Project area:
• Aquatic Habitat Design;
• Riparian Habitat Design;
• Wetland Habitat Design;and
■ Upland Habitat Design.
8.3.2 Constructability,Operation and Maintenance, and Cost Estimates for
Restoration Preliminary Design
ENGINEER will define the elements of constructability, operation and
maintenance,and cost associated with the preliminary design of
ecosystem restoration elements.
DELIVERABLE: The result of Task 8.3 will be a technical memorandum and drawings
(plans and profiles) describing the preliminary design of ecosystem restoration
elements.
Task 8.4-Water Quality Assessments
8.4.1 ENGINEER will conduct technical interviews and collect data necessary
to review existing information regarding water quality characteristics -
within the Central City project area. The interviews will review project
goals, regulatory and other constraints, and previous project information.
8.4.2 ENGINEER will determine any additional water quality analyses
necessary in order to reach conclusion on the preferred configuration of
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cm April 0, 0o4 3
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the project as well as the procedures necessary to complete the
determination based on analysis results.
8.4.3 ENGINEER will assess the water quality characteristics of the waterway
configuration alternatives and make recommendations for the following:
Ability to meet State of Texas water quality standards for applicable
designated uses including the maintenance of dissolved oxygen and
fecal coliform standards;
■ Nutrient impacts;
■ Sediment impacts;and
■ Total dissolved solids impacts.
8.4.4 ENGINEER will identify and assess alternatives for water quality
management for the waterway associated with the project and will make
recommendations for the following:
■ Ability to meet State of Texas water quality standards for applicable
designated uses including the maintenance of dissolved oxygen and
fecal coliform standards.
■ Assess water quality issues associated with make-up water sources
and make recommendations. This will include an assessment of
nutrient cycles expected within the lake(s) and determination of the
need for nutrient removal from make-up water sources.
■ Assess sedimentation associated with periodic inundations.
■ Nutrient balance and associated design and management needs. If
nutrient levels require management, this effort will include
determining the capital improvements that can economically lower
nutrient levels. If wetland treatment facilities are required, size the
wetlands and determine their optimum location and function.
DELIVERABLE: The result of Task 8.4 will be two technical memorandums, one
describing the anticipated water quality characteristics of the project,and one describing
recommended improvements necessary for water quality. In addition,this task will
produce data for the project GIS.
Task 8.5 -Water Rights Impact Assessment and Recommendations
8.5.1 ENGINEER will assess the impact of the project on local water rights.
8.5.2 ENGINEER will identify and assess alternatives for mitigating any water
rights impacts.
CDI� Apri120,2004 A-31
DELIVERABLE: The result of Task 8.5 will be a technical memorandum describing
anticipated water rights impacts of the project and recommendations for r-nit-1-ating any
impact. Y
Task 8.6- Permitting
8.6.1 ENGINEER will produce information necessary to support water rights,
water quality,water control,and environmental permitting at the state
level.
8.6.2 ENGINEER will coordinate with state and federal agencies as necessary
to support permitting of the project.
DELIVERABLE: The result of Task 8.6 will be a technical memorandum describing all
permits associated with the project,how permitting requirements impact design
considerations, and recommendations for obtaining necessary permits.
CM April 20,2004 A-32
Task 9.0- Information/Data Management
The following were considered in the developing the scope of services for this task:
■ Multiple parties will need access to project information in whole or in part including
TRWD, USACE,consultants and project stakeholders;
■ Project information must be secure and provide for a variety of security
arrangements.-
■ All GIS information will be compatible with ESRI ArcGIS formats (geodatabase,
coverage or shape file);and
■ All CARD information must be compatible with both MicroStation and AutoCAD
environments.
Task 9.1- Requirements Analysis
9.1.1 ENGINEER will work with key project participants to review existing
and desired information management(IM)functionality for the project.
This will include assessment of TRWD and USACE existing systems (e.g.,
TRWD Hummingbird document management system and USACE
project management system).
9.1.2 ENGINEER will develop alternatives for project data management, assess
those alternatives, and make recommendations as to the optimal data
management approaches given project needs and funding. This will
include:
■ DMS content and retrieval mechanisms;
■ DMS maintenance mechanisms;
■ DMS standards-file storage structure,naming conventions, etc;
■ GIS setup-platform,software packages, third party applications, etc;
■ GIS standards-coordinate systems, accuracy,etc;and
■ GIS content and plans.
DELIVERABLE- The result of Task 9.1 will be a technical memorandum describing the
data management alternatives and recommendation for document management and GIS
data management activities.
CDI� April 20,2004 A-33
Task 9.2-Document Management
9.2.1 ENGINEER will establish an electronic document management system to
control and archive program correspondence and documents that
includes the following characteristics: established in a secure
environment,regular data backup and portable to TRWD upon project
completion.
9.2.2 ENGINEER will provide infrastructure necessary to operate the
document management system in a secure and Windows-compatible
environment.
9.2.3 ENGINEER will maintain a single hard copy of critical documents and
provide to TRWD as requested and upon project completion.
9.2.4 ENGINEER will establish document management policies and
procedures and will disseminate those to project participants.
DELIVERABLE: The result of Task 9.2 will be a document management system with
project data and information.
Task 9.3-Project Study Area GIS Database
9.3.1 ENGINEER will develop a project study area GIS database to maintain
geographically based information critical to project execution.
9.3.2 ENGINEER will make recommendation for reconciliation of competing
data sources in collaboration with TRWD, USAGE,and/or appropriate
project participants.
1
9.3.3 ENGINEER will maintain the GIS database during the duration of the
project.
9.3.4 ENGINEER will make recommendations regarding the long-term
maintenance of the GIS database.
DELIVERABLE: The result of Task 9.3 will be a project GIS database with project data
and information.
Task 9.4-Web-Based Project Management Tool
9.4.1 ENGINEER will provide a web-based project collaboration system that is
accessible via the Internet by project participants and that exists in a
secure and Windows-compatible environment.
9.4.2 ENGINEER will establish and operate an appropriate project calendar
application accessible by key project participants in a secure and
Windows-compatible envirorunent.
Cm April 20,2004 A-34
9.4.3 ENGINEER will provide up to 22 hours of training in use of program
management tools.
DELIVERABLE: The result of Task 9.4 will be implementation of a web-based
project management tool.
April 20,2004 A-3
Task 10.0- Cost Estimation
Relevant USACE policies and guidance that were considered in developing the scope of
services for this task include:
■ER 1110-2-1302, Civil Works Cost Engineering
Task 10.1 - Update Concept Cost Data (35 percent)
10.1.1 ENGINEER will provide support and update initial cost database for
project components. Input to discrete project costs,including the
construction method, assumptions used, technical and design data
available, and construction schedule. The current project cost estimate
will be updated as additional information and cost data are developed
during the concept phase. Assumptions used, and the technical/design
data available will be documented
Task Deliverables: Updated project cost estimate based on available data.
Task 10.2- Develop Construction Cost Estimates (65 percent)
10.2.1 ENGINEER will develop construction cost estimates using USACE's
Micro Computer-Aided Cost Engineering System(MCACES) and
formatted in accordance with the Civil Works Breakdown Structure. A
cost estimate shall be prepared based upon the 65% overall plan
completion and will contain a narrative identifying markups,
contingencies,project assumptions,quantities and any calculations to
support the quantity determination. Specific components of the cost
estimate shall include the following:
10.2.1.2 Construction features. Costs will be developed for construction
activities associated with the project. Descriptive statements on
methods of construction,material sources and prices,type of
required equipment, access,haul distances,production rates,
placement procedures, environmental restrictions, crew sizes and
labor rates, dewatering,job conditions will be documented in the
estimate.
1 .2.1.3 Engineering and design. Costs will be developed for activities
associated with the engineering, and design effort necessary for
preparation of individual construction contracts,
10.2.1,E Construction management. Costs will be developed for
construction management activities from pre-award requirements
through final contract closeout.
cm April 20,2004 A-36
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IO2J.5 Price escalation. The construction estimate shall be escalated uo
appropriate with the cost data sources that are used to the
estimate. -
Task Deliverables: Project construction cost estimates using lJS/10E'a Micro Computer-
Aided Cost Engineering Svybezn (M[ACES) andfocmudedivaccozdaocevvidbdbeCb/il
Works Breakdown Structure. Descriptive statements on methods of construction
material sources and prices, type of required equipment, acccss,lzaoddiotaoceo,
production rates,placement procedures,envirorunental restrictions,crew sizes and
labor rates, dpvvaterbng,contingencies,project aosoznptioom construction management,
quantities and any calculations ho support the quantity determination.
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cm April 20,2004 A-37
Task 11.0- O&M Assessments
The following were considered in the development of the operation and maintenance
scope of work:
■ Operation and maintenance elements will include those elements necessary for
maintaining flood control aspects as defined by the USACE.
■ Beyond federal requirements, operation and maintenance elements will include those
elements necessary to maintain the project as a public asset.
■ Expected annual costs for operation and maintenance and means for funding such
costs are needed.
Task 11.1 - Existing O&M Characteristics
11.1.1 ENGINEER will assess existing floodway operations and maintenance
issues associated with the system including at a minimum,frequency of
maintenance,means of maintenance,means of operations, and costs of
operation and maintenance.
DELIVERABLE: The result of Task 11.1 will be a technical memorandum describing the
existing operations and maintenance characteristics.
Task 11.2-Assessment of O&M Needs
11.2.1 At a level sufficient for decision-making on a the locally preferred plan,
ENGINEER will assess the operations and maintenance characteristics of
the project configuration for the following:
■ Required operations and monitoring activities including water
quality monitoring,water quality management,aquatic plant
management, etc.
■ Required routine operations and maintenance associated with
systems for water circulation, aeration,gates, structures,levees,
and/or sediment removal.
■ Required flood recovery maintenance including sediment and
debris removal,structural inspection and repairs,and landscape
management.
11,22 For each of the floodway configuration alternatives, ENGINEER will
provide a detailed assessment of the operations and maintenance costs
associated with each for inclusion in the decision making process.
cm April 20,2004 A-38
11.2.3 ENGINEER will assess and make recommendations regarding the
operation and maintenance requirements of the locally preferred plan
r -
including the following:
■ Required water quality operations and monitoring activities
including water quality monitoring, aquatic plant management,
etc.
■ Required maintenance with respect to downstream impacts of
gates, such as flood warning system and sediment loads.
■ Required day-to-day operations and maintenance associated with
systems for water circulation, aeration, and/or sediment removal
■ Other necessary day-to-day operations and maintenance.
■ Required flood recovery maintenance including sediment and
debris removal,structural inspection and repairs,and landscape
management.
■ Required operations and maintenance associated with systems for
water circulation,aeration, gates,structures,levee system, and/or
sediment removal.
■ Required operations and maintenance associated with floatables
management.
■ Costs associated with operations and maintenance activities.
DELIVERABLE: The result of Task 11.2 will be draft and final technical memorandums
describing the recommended operations and maintenance activities and costs.
cm April 20,2004 A-39
Task 12.0- Construction Procedures
Task 12.1 -Project Delivery Analysis
12.1.1 Coordination- ENGINEER will identify and coordinate with all entities
involved in implementing the project. Communication,coordination,
permit, and contracting protocols will be identified and established.
121.2 Feasibility Issues - ENGINEER will identify construction feasibility issues
which could have a significant impact on the construction of the project
and identify mitigation measures.
12.1.3 Construction Capacity Analysis-ENGINEER will evaluate the applicable
contractors and other major projects within the metropolitan area.
Categorize capacity for use in developing contract scopes to assure
opportunities for contractors of various sizes to participate in the
construction of the project.
12.1.4 Construction Costs- Using the construction cost estimates prepared
under Task 10, ENGINEER will identify the estimated probable
construction costs for each individual construction package.
12.1.5 Cash Flow-ENGINEER will assess the funding sources of the agencies
involved in constructing the project to determine constraints and
coordinate with development of the master construction schedule.
12.1.6 Construction Sequence-ENGINEER will identify and recommend a
preferred construction sequence for the project.
12-1.7 Minimization of Impacts-ENGINEER will identify impacts of the
proposed construction on effected neighborhoods, traffic and pedestrian
ways,and infrastructure. Identify means of minin-tizing adverse impacts.
12.1.8 Contract Packages and Schedules-ENGINEER will evaluate contract
delivery methods available to each of the involved agencies.Identify
funding and lead agency responsible for each construction contract.
Identify,and describe individual construction contract packages and
identify optimum project phasing or sequencing to provide best value
and minimize adverse impacts.
Task Deliverables: The result of Task 121 will be a draft and final project delivery
analysis technical memorandums identifying recommended project sequencing and
scopes for individual construction contracts to complete the project.
Task 12.2-Project Sequencing
12.2.1 Master Construction Schedule-ENGINEER will develop a master
construction schedule for the project in a CPM format,
cm April 20,2004 A-40
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12.2.2 Temporary Facilities - BNGDNBBBwill identify major temporary facilities
roadways,nLUidem etc] required foroonotozcti000ftbe
project and provide recommended contracting and sequencing.
Task Deliverables: The result of Task I2.2 will bea master project cooatrnctimnsdbedule,
from bidding through project closeout,incorporating individual construction contracts
and associated cash flow and perorit procurement. The schedule will be developed bo
j
ItiozavezaP3oz2�irzoao8�Pi Project Professional t
oe s format.
Task 12.3-Water Control
12.3.I Water Control Plan- ENGINEER will develop u plan for control and
management of water during construction of the project.
12.3.2 Design Parameters- ENGINEER will identify in conjunction with
regulatory agencies, thedeuignDorozuetersfortecoporazycootzo1ofvvoher
and/or potential remediud000{groundwater during construction V6the
project.
12.3.3 Temporary Control Structures-ENGINEER will identify temporary
water control structure design criteria for use during construction of the
project.
Task[)e1b/erah}eo'Ibenesu1to�Iom�l23vviDbeatecbnicalnzenzo�auduzoideo�fv�`
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required water control measures,including technical specifications and details for
incorporation into the individual construction contracts.
Task 22-4-Protection ofthe Environment
ENGINEER will identify measures to minimize adverse impacts on environmental
resources. Appropriate construction constraints will be identified for incorporation bm
the final designaudcoostrocdonpackagem'
12.4.1 Erosion Control
12.4.2 Surface Waters
12.4.3 Land Resources
12.4.4 Biological Ileamorcem
12,4.5 Air Quality
12,4.6 Noise
12.4.7 Traffic and Pedestrian Ways
Task Deliverables-The result of Task 12.4 will be a technical memorandum identifying
recommended procedures and constraints to miztimize adverse impact of construction
operations on the eozirmznoental resources o{the project area.
cm ApH120,2004 A-41
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Task 12.5- Coordination Between Construction Contracts
I2.5I (�oznznoz�ca�oou�d(�onzdin�duuIg�n ENGINEER_ op
recommended conu000i aboomodcoordinodonpzotocola1ozcuoozoeot
construction contracts.
Task Deliverables: The result of Task 12.5 will be a coordination and con-ununication
protocol document.
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CM April 20,2004 A-42
Task 13.0-Project Management
Relevant USACE and CDM policies and guidance that were considered in developing
this scope of services include:
■ ER 1105-2-100,Guidance for Conducting Civil Works Planning Studies;
• EP 1105-2-10,Six Steps to a Civil Works Project;
■ ER 1165-2-119,Modifications to Completed Projects; and
■ CDM QMP-1.
Task 13.1 -Prepare Project Workplan
At the outset of the project, the ENGINEER will prepare the Project Workplan, a
document to be used by OWNER and ENGINEER in the project,which helps to ensure a
common understanding about what is to be done on the project. Issues to be addressed
in the Project Workplan include:
13.1.1 Project Definition. Describe overall objectives and scope for the Project
and its component projects. Provide overview of the client organization
and key contacts for the Project. Develop the overall Work Breakdown
Structure (WBS) for the Project.
13.1.2 Project Resources. Identify people, tools, and resources required by
ENGINEER to execute the Project. Define overall project organization,
and roles and responsibilities for team members,including boundaries of
authority. Identify specific tools and equipment needed for delivering
the Project.
13.1.3 Project Schedule. Integrate the schedule created in the Central
City/Trinity Point Master Implementation Plan Report, the WBS, the TIF
funding and project delivery schedule,the Corps of Engineers
Environmental Impact Statement into a comprehensive overall schedule
for Project implementation. Identify fixed milestones,if any (e.g.
regulatory deadlines,contractual deadlines,intermediate milestones,
component project delivery milestones,etc.) Identify critical path
activities and/or delivery milestones that Project Delivery Team
members must understand and support.
13.1.4 Project Budget. Develop and input summary of the 2005 Celebration
elements, Preliminary Engineering,Final Design,estimated construction
costs,administrative and land acquisition costs,contingencies and any
other cost elements as required by the Project to ensure on-budget
completion.
cm April 20,2004 A-43
13.1.5 Project Instruction. Define administrative,reporting and coordination
requirements for ENGIINTE ER to function effectively. include time
charging instructions,expense charging guidelines,cost accounting
requirements,records management requirements,financial and project
controls guidelines.
13-1.6 Quality Management Plan. Identify Quality Control/Quality Assurance
(QA/QC) processes to be used in the Project and key personnel to be
involved as Senior Technologists and Reviewers for required work
elements. Identify key QA/QC review milestones and key products
anticipated for such reviews.
13.1.7 Client Service Plan. Develop plan for obtaining continual and specific
feedback from TRWD and other identified stakeholders at pre-defined
milestones. Identify Senior Advisory Team roles and responsibilities as
they relate to Project Delivery Team members and define process for
addressing client feedback consistent with Project and overall client goals.
Define key tasks required to ensure formal and informal feedback from
TRWD (e.g.progress meetings,workshops,formal reviews,etc.)
Incorporate into Project Schedule.
13.1.8 Change Management Plan. Define a process for managing change as the
Project evolves. The Project Manager has the primary responsibility of
managing change using five key steps: 1) identify the change,2) analyze
the effects of the change,3) develop a response strategy,4) communicate
the change to the Project Delivery Team members and TRWD and gain
endorsement for the change,and 5) revise the Work-plan as needed and
monitor performance.
13-1.9 Communications Plan. Define overall communications guidelines and
requirements. Identify documentation and progress reporting
requirements,both internal to the Project Delivery Team and with TRWD.
13.1.10 Closure Plan. Project closure will involve final review and approval of
deliverables;submittal and payment of final Contract invoice: scoping
and negotiation for the next phase(s) of the project,if appropriate: and
archiving of permanent records. TRWD review and endorsement of
work completed along the way and their concurrence on next steps
associated with each task is generally considered as the primary measure
of closure on individual tasks. Any other specific closure requirements
will be defined. All legal and CDM policy requirements regarding
records archival will be adhered to.
Task 13.2-Charter the Team
13.2.1 Using Project Quality Management(PQMM) sessions (using trained
facilitator) ENGINEER will charter the project team by providing.-
cm April 20, 20014 A-44
• Identification of the tasks and activities that require monitoring for
success,;
■ Assignment of responsibilities for the completion of each task;
■ Assignment of responsibilities for monitoring progress;
■ Agreement on what must happen to assure that the project will be a
success;
■ Development of a statement of the mission of the project team;
■ Agreement on schedule;
■ Agreement on the work plan or at least the communication protocol,
■ Agreement on the division of responsibility between stakeholders and
individual assignments;
■ Agreement on the date(s) of follow-up sessions;
■ Disseminate results of PQM sessions;
■ Monitor critical success factors (and other pertinent project quality
indicators) weekly and include in reporting and tracking mechanism;and
■ Develop and implement mechanism to resolve project deficiencies.
Task 13.3-Project Planning and Scheduling
13.3.1 ENGINEER will provide pro-active project planning services that allow
rapid update of the entire project delivery schedule on a regular and
monthly basis,when changes in the completion date of any ongoing
task are detected. Planning will constantly monitor the impact of
changes on the need to meet TRWD project completion goal. Planning
throughout the life of the project will focus on a "three month look-
ahead" of those activities that are active during the next three months.
This will provide the PM with the ability to provide the resources
needed to stay within budget and on schedule. Project planning will
minimize work interruptions and identify and track milestones that are
critical to the project success,
13.3,2 ENGINEER will develop a schedule reporting system whereby
subconsultants will account for,monitor, and manage the progress of
every project task identified in their scope on a monthly basis.
Subconsultants will report their progress electronically to the PM to be
incorporated into the overall project schedule. Reporting will also be
required in their invoicing procedure.
CM Apri120, 2004 A-45
13-3.3 ENGINEER will monitor and manage the overall scheduling o process in
accordance with the requirements of the Project schedule reporting
system.
13-3.4 ENGINEER will establish Primavera Project Planner or Microsoft
Project as the primary scheduling tool.
Task 13.4- Cost Accounting Assistance
13.4.1 ENGINEER will develop a cost accounting framework that captures
project costs that arise from every contributing source, as captured by
the TRWD and partner agencies cost accounting system. Such sources
may include TRWD staff and outside supporting services,project
consultants under contract to TRWD,construction contractors,
inspection and testing services,and specialty equipment suppliers, and
firms or contractors working on component parts of the overall project
that have contracted directly with partner agency organizations.
Task 13.5-Project Reporting
13.5.1 ENGINEER will develop a project reporting system that communicates
project status to TRWD staff and authorized partner agencies and is
available on the project web site. Project status reports will be prepared
on a monthly basis.
13.5.1.1 The reporting system should include the following data within
the report: current contracts and their value assigned to the
project: graphical display of planned project expenditures and
the projected estimate at completion,a tabular display of current
financial data to include budgeted cost of work scheduled,
actual cost of work performed,and the cost variance;critical
issues affecting the project;an analysis of the cost and schedule
variance;a description of the work completed during the
current period;a description of the work planned for the
subsequent period: and a graphic display of the project
schedule.
Task 13.6-Invoice Processing
13.6.1 On a monthly basis,ENGINEER will electronically qollect and review
all subconsultant invoices and contractor payment estimates for
appropriateness of charges.
Task 13.7-Preparation of Board Action Items.
13-7.1 ENGINEER will develop a board action item calendar that defines
deadlines for submitting action itenis to the Board,
L
C04 April 20,2004
13.7.2 ENGINEER will develop,as requested for the Central City/ Trinity
Point project, draft support information and presentation materials
necessary to create TRVVD Board memorandum
Task 13.8 - Organizational Assistance
13.8.1 ENGINEER will assist the TRWD staff and Board in developing a
comprehensive approach to facilitate collaboration between and among
interested co-sponsors of the Central City/ Trinity Point Project.
13.8.2 ENGINEER will assist multi-agency stakeholder group in
establishing/creating the organizational framework.
13.8.2.1 Meet with potential participants to discuss advantages and
disadvantages of various organizational structures.
13.8.2.2 Assist in development of an interlocal agreement,joint powers
agreement,memorandum of understanding,or other written
understanding of the working arrangement between the parties.
13.8.3 ENGINEER will assist in developing policies,procedures, and
operating guidelines for the stakeholder group.
13.8.4 ENGINEER will assist in identifying legislative issues related the
project.
13-8.5 ENGINEER will assist in the provision of staff assistance and/or
liaisons
Task 13.9-Design Standards Review and Coordination
13.9.1 Development Standards Manual. ENGINEER will develop an
electronic Standards Manual,which defines the standards for quality
and product delivery expected for every sub-project involved in the
Project. Selected ENGINEER staff will meet with stakeholders in a
series of workshops (not to exceed three) to discuss expectations for
project quality and to define the specific standards desired for design,
CAD/CAE,and equipment. Following these workshops, a draft
Standards Manual will be prepared and posted on the web site for
stakeholder review. After agreement,has been reached on the contents
of the Manual, one pre-final copy will be posted for a final,cursory
review. Upon its acceptance, the final Manual will be completed and
posted on the web site for all design firms to implement during final
design. The Manual will address such topics as the following:
■ Design Standards;
• Standard Specifications,,
cm April 20,2004 A-47
■ Standard Details,will generally be limited to those standard
details that could apply to more than one Design Firm and has
need to be consistent;and
■ CAD/CAE Standards.
13-9.2 Develop a Project Definition Document for each design package.
ENGINEER will develop an electronic Project Definition Document for
each design package. The Document will define the package by
providing information on elements of the project that have been
developed to date. Such information may include project limits.
Selected PM staff will meet with stakeholder in an initial workshop to
discuss expectations for each design package. Following the initial
workshop,a draft Project Definition Document will be prepared and
posted on the web site for stakeholder review. Following stakeholder
review, a second workshop will be held to discuss stakeholder review
comments. After agreements have been reached on the contents of the
Document one pre-final copy will be posted for a final, cursory review.
Upon its acceptance the final Document will be completed and posted
on the web site for Design Firms to implement. The Document will
address relevant topics for each Package and in total will include the
following:
■ Project layout plan;
■ Landscaping and urban design features; and
■ Preliminary dimensions.
Task 13.10- Strategic Planning
13-10.1 Implementation of the Trinity Point Project is envisioned as a multi-
jurisdictional, 10 to 15 year phased project,supported by a variety of
funding sources. In recognition of the complexity of planning,funding,
and budgeting for such a long-term phased project, ENGINEER win
assist the stakeholders in identifying and coordinating potential
funding sources, and provide input and support for the Trinity Point
Master Implementation Plan. Activities include research and
investigation of potential State and Federal funding support,including
grants and low interest loans- When tasked, ENGINEER will also
investigate and report on public/private partnerships that further the
vision and goals of the project-
Cm April 20,2004 A-48
ATTACHMENT B
TO
ENGINEERING SERVICES AGREEMENT
BETWEEN
TARRANT REGIONAL WATER DISTRICT
AND
CAMP DRESSER & McKEE, INC.
COMPENSATION
Central Cit IT rinity Point Preliminary Engineering Design
I. BASIC ENGINEERING SERVICES
For engineering services provided under Attachment A, the DISTRICT shall pay the
ENGINEER on a Salary Cost Method an amount not to exceed$7,128,000,according to
paragraphs A, B and C below.
A. Labor. The engineer shall be compensated for the services of his personnel on
the basis of Salary Cost times 23 for the time such personnel are directly utilized
on the work.
Salary Cost is defined as the cost of salaries (including sick leave,vacation,and
holiday pay applicable thereto) plus unemployment,excise, and payroll taxes;
and contributions for social security,employment compensation insurance,
retirement benefits,and medical and other insurance benefits.
The salaries of any personnel assigned are subject to reasonable modification by
the ENGINEER throughout the term of this Agreement;however,such
modifications will not affect the upper limit value of this Agreement.
B. Other Incidental Direct Costs. The ENGINEER shall be compensated at his cost
plus 10% for all costs other than salary costs that are incurred pursuant to this
Agreement,but which are not normally included as part of the ENGINEER's
overhead. These costs include, but are not limited to: airfare, automobile rental,
mileage charges,parking, tolls, taxi,meals,lodging, telephone,printing, and
reproduction costs,computers and word processors,postage and mailing costs,
and other miscellaneous costs incurred specifically for this project.
cm B-1
C. 5-ubscOnsultant Services. For all subconsultant services,the ENGINEER shall be
compensated at his actual subconsultant cost plus io?/t,
11. ADDITIONAL SERVICES.
For Additional Services provided outside the scope defined in Attachment A, as
approved by an amendment to this Agreement, the DISTRICT will pay the ENGINEER
for Labor,Other Incidental Direct Costs and Subconsultants on the same basis as
described in Paragraph I of this Attachment B.
CM
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