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HomeMy WebLinkAboutContract 32863 C,1i Y SECPE-rARY� ,-,r, f_ - J 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 2 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. 3 • 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 4 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 5 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 7 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) 9 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 . .. . . 10 [ 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. PM JKo 5 n- 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 FU, U Ji, W Z , C. Special Conditions: .3, !-Z i- 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 -n--2:L:-a-Mb— r oaitat-;Authori zation e 1G Date APP WASTOFORMAWLMAITTY.- P.* r r „ .... :` tom'' ^' ,-:7 t L - �a1 qf 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 - ' . `. , 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.- � sistantCUy orney � ADOPTED AND EFFECTIVE: L03 ` 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 2 . ^ ^ , ` ^ ^ 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 . . ^ ` ^ . 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. . . ` � . ` ` (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. 7 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- IS . ` ' . ` 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). 10 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. ' . , ` ` ^ 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|�-~ ` 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. 12 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 cm 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 cm 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. ccm� April 20,2004 A-4 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. cm April 20,2004 A-5 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. cm April 20,2004 A-6 . . ` ^ ' ^ 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. o_' 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. cm AprH20,2004 A-7 , 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 � . � ' 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 ^ 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 , . 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 . . ' ` ' � . , 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 ` 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 ^ . . 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 ' 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. � 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. � Technical memorandum providing geoteclunicul criteria for earth retention structures, which will be used for final design and cost estimates. ��� .~~�.~~ April 2O.2OO4 /+20 ' ` . 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. - 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 ` ' . 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. � 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. � 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 a �Z cm April 0, 0o4 3 L Ir J 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 ' ' 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. ' ' 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 ! ` 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�` . � --/_-g 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 ` ' . . ` ^ 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. . � 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 B-2 0 0 C, tii 0 0 fJY .c 04 0 z z In tC Z Z F.. 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