11/04/2021 PLEASE TURN OFF ALL CELL PHONES
AGENDA
WEST MEMPHIS CITY COUNCIL
NOVEMBER 4, 2021
PRAYER:
IPLEDGE OF
ALLEGIANCE: AMERICAN LEGION
CALL TO ORDER:
ROLL CALL:
BID OPENINGS:
MINUTES: APPROVE OR CORRECT MINUTES OF OCTOBER 21,2021
OLD BUSINESS: 3RD READING OF AN ORDINANCE TO REPEAL ORDINANCE 1988,
AS AMENDED, AND ADOPT A NEW COMPREHENSIVE ZONING
TEXT AND ZONING MAP,AND FOR OTHER PURPOSES
2ND READING OF AN ORDINANCE TO REPEAL ORDINANCE
NO.876 OF THE CITY OF WEST MEMPHIS AMENDING SECTION
TWO OF ORDINANCE NO. 372 AND FOR OTHER PURPOSES
2ND READING OF AN ORDINANCE PROVIDING FOR THE LEVY OF
A ONE-FOURTH OF ONE PERCENT (0.25%) SALES AND
USE TAX WITHIN THE CITY OF WEST MEMPHIS,
ARKANSAS; AND PRESCRIBING OTHER MATTERS
PERTAINING THERETO
2"D READING OF AN ORDINANCE CALLING A SPECIAL ELECTION
IN THE CITY OF WEST MEMPHIS, ARKANSAS ON THE QUESTION
OF LEVYING A CITY-WIDE ONE-FOURTH OF ONE PERCENT
(0.25%) SALES AND USE TAX; AND PRESCRIBING OTHER
MATTERS PERTAINING THERETO
2ND READING OF AN ORDINANCE CALLING A SPECIAL ELECTION
IN THE CITY OF WEST MEMPHIS,ARKANSAS ON THE QUESTIONS
OF ISSUING BONDS UNDER AMENDMENT NO. 62 TO THE
CONSTITUTION OF THE STATE OF ARKANSAS FOR THE
PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS
OF CAPITAL IMPROVEMENTS; LEVYING A NEW THREE-FOURTHS
OF ONE PERCENT (0.75%) SALES AND USE TAX FOR THE
PURPOSE OF RETIRING SUCH BONDS; AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO
PAGE 2
WEST MEMPHIS CITY COUNCIL
NOVEMBER 4, 2021
PERMISSION
REQUEST: PERMISSION AUTHORIZING THE MAYOR TO EXECUTE
A PROFESSIONAL SERVICES AGREEMENT WITH HDR
ENGINEERING, INC.FOR ENGINEERING SERVICES AT THE
PORT OF WEST MEMPHIS WITH THIS AGEEMENT HAVING
BEEN APPROVED BY THE WEST MEMPHIS PORT AUTHORITY
AND REFERRED TO CITY COUNCIL. THE AGREEMENT v`
AMOUNT IS $274,400 AND WILL BE PAID FROM THE PORT
AUTHORITY ACCOUNT- (FROM THE OFFICE OF ECONOMIC
DEVELOPMENT- MR. PHILLIP SORRELL)
COMMITTEE
REPORTS:
APPOINTMENTS:
PRESENTATIONS: MAYOR MARCO MCCLENDON
ANNOUNCEMENTS
CITIZENS REQUEST:
ADJOURNMENT: A
MINUTES
WEST MEMPHIS CITY COUNCIL
November 4, 2021
A regular meeting of the West Memphis City Council was held on Thursday, November
4,2021 at 1:00 p.m. in the City Council Chambers at City Hall 205 S. Redding, West
Memphis, Arkansas.
Invocation was given by Councilor Harris, followed by the Pledge of Allegiance led by
Councilor Croom. Mayor Marco McClendon called the meeting to order at 100 p.m.
City Clerk, James Pulliaum called the roll. Those present were Mayor Marco
McClendon, City Treasurer, Charlie Suiter Jr., City Clerk, James Pulliaum Councilors:
Gheric Bruce, Tracy Catt, Wayne Croom, Helen Harris, James Holt, Melanie
Hutchinson, Lorraine Mohammed, Willis Mondy, David Murray, and. Charles
Wheeless. Absent was City Attorney Michael Stephenson. Quorum being present
Mayor, Marco McClendon proceeded with the meeting.
BID OPENING: NONE
MUNUTES: APPROVE OR CORRECT MINUTES OF OCTOBER 21, 2021.
Councilor Catt made the motion, seconded by Councilor Croom to dispense with the
reading of the minutes of October 21, 2021, Council meeting and to approve them as
submitted. Upon voice vote, voting was unanimous to approve.
OLD BUSINESS:
3rd READING OF AN ORDINANCE TO REPEAL ORDINANCE 1988, AS AMENDED,
AND ADOPT A NEW COMPREHENSIVE ZONING TEXT AND ZONING MAP, AND
FOR OTHER PURPOSES
Councilor Catt made the motion, seconded by Councilor Wheeless to table the
ordinance. Upon voice vote voting was unanimous to table the until the next council
IFmeeting on November 18, 2021.
`„ 2nd READING OF AN ORDINANCE TO REPEAL ORDINANCE NO 876 OF THE CITY
OF WEST MEMPHIS AMENDING SECTION TWO OF ORDINANCE NO 372 AND FOR
OTHER PURPOSES
Mayor McClendon read the ordinance by title only for the SECOND time. Councilor
Croom asked for an explanation of the ordinance. Mayor McClendon said the
ordinance is only on its second reading and it is regarding dancing on Broadway.
Mayor McClendon said it will be back on the agenda on November 18, 2021, for them
to vote on it.
Councilor Catt made the motion seconded by Councilor Murray to read the next three
ordinances under old business by title only. Upon voice vote, voting was unanimous.
2ND READING OF AN ORDINANCE PROVIDING FOR THE LEVY OF A ONE -
FOURTH OF ONE PERCENT (.25%) SALES AND USE TAX WITHIN THE CITY OF
WEST MEMPHIS, ARKANSAS; AND PRESCRIBING OTHER MATTERS PERTAINING
THERETO
Mayor McClendon read the ordinance by title only for the SECOND time. The
ordinance will be back on agenda on November 18, 2021, for its third reading.
2ND READING OF AN ORDINANCE CALLING A SPECAL ELECTION IN THE CITY OF
WEST MEMPHIS, ARKANSAS THE QUESTION OF LEVYING A CITY WIDE ONE
FOURTH OF ONE PERCENT (0.25) SALES AND USE TAX; AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO (TABLED OCTOBER 7, 2021)
Mayor McClendon read the ordinance by title only for the SECOND time. The
ordinance will be back on the agenda on November 18, 2021, for its third reading.
2nd READING OF AN ORDINANCE CALLING A SPECIAL ELECTION IN THE CITY
OF WEST MEMPHIS, ARKANSAS ON THE QUESTIONS OF ISSUING BONDS UNDER
AMENDMENT NO. 62 TO THE CONSTITUTION OF THE STATE OF ARKANSAS
FOR THE PURPOSE OF FINANCING ALL OR A PORTION OF THE COSTS OF
CAPITAL IMPROVEMENTS; LEVYING A NEW THREE-FOURTHS OF ONE PERCENT
(0.75%) SALES AND USE TAX FOR THE PURPOSE OF RETIRING SUCH BONDS;
AND PRESCRIBING OTHER MATTERS PERTAINING THERETO
Mayor McClendon read the ordinance by title only for the SECOND time. The
ordinance will be back on the agenda on November 18, 2021, for its third reading.
Mr. Bowman asked for the record if there was a vote to suspend the rules. Councilor
Catt clarified that there was not a vote of the council to suspend the rules and to place
the ordinances on their third reading. Mr. Bowman asked if there could be a vote of
the council for the records with respect to that motion. Mayor McClendon asked for a
roll call vote. City Clerk, James Pulliaum called the roll. The roll call vote was as
follows:
YES: Bruce, Catt, Harris, Holt, Hutchinson, Mohammed, Mondy,
Murray
NO: None
ABSTENTION: Croom, Wheeless
ABSENT: None
Mayor McClendon asked if Councilor Croom, Holt, and Wheeless wanted to change
their vote. Councilor Catt asked that they consider changing their vote to the positive
because normally they do not vote to read an ordinance the second time and that this
was only being done because of the legality of this nature and they are more
comfortable with having that motion approved and they will do the same thing on the
third reading. Councilor Croom said that the seven yes votes were enough for them to
pass it. Mayor McClendon said that with seven councilors yes votes and 3 Councilors
pass votes that they still have enough to pass it. Mayor McClendon said while they
have the option to pass and sometime there might be a conflict of interest and you
would expect someone to abstain from the vote, the people that elected them expect
them to vote yes or no. Councilor Holt changed his vote to yes.
With 8 Yes votes, 0, No votes, 2 abstention votes, and 0 absent votes. The motion for
the record to read the ordinances by title only for the second time passed. The
ordinances will be back on the November 18, 2021, agenda for its third reading.
NEW BUSINESS
Councilor Mohammed made the motion, seconded by Councilor Bruce to read R-1, R-2
by title only. Mayor McClendon asked for a roll call vote. City Clerk James Pulliaum
called the roll. The roll call vote was as follows:
YES: Bruce, Catt, Croom, Harris, Holt, Hutchinson, Mohammed,
Mondy, Murray, Wheeless
NO: None
ABSTENTION: None.
ABSENT: None
With 10 yes votes 0 no votes, 0 Abstention votes, and 0 absent votes the motion to
read R-1 and R-2 by title only passed.
R-1 A RESOLUTION AWARDING "ALL "CITY EMPLOYEES A $2000.00 BONUS
FROM THE CORONAVIRUS AID, RELIEF, AND ECONOMIC SECURITY (CARES
ACT) PANDEMIC RELIEF FUNDS.
Mayor McClendon read the resolution by title only. Councilor Mohammed made the
motion, seconded by Councilor Bruce to approve the resolution. Discussion followed.
Councilor Catt made a motion, seconded by Councilor Holt to amend the resolution to
insert at the mayor's discretion. Councilor Mohammed asked why? Mayor McClendon
responded that there have been employees that have only been employed 3 months or
less and employees that will be leaving within the week and he felt it was not fair to
pay them the same as the employees that worked throughout the pandemic. Councilor
Mohammed was not in agreement with separating the employees from receiving the
pandemic money based on their longevity with the City of West Memphis and felt that
when she drafted the resolution because of the information received at the budget
hearing if there was a concern, they should have disclosed it then especially since the
money is not coming from the city out of the general funds money and it will be paid
out of the Covid money. Councilor Mohammed said the employees that have just
begun working are the ones that need it most. Mayor McClendon said he was not
against giving the city employees the money and he did not make the decision to
decide who should get it or not get it but did feel that it was not fair for the people that
have consistently been at work throughout the entire pandemic to receive the same as
someone that has only be working a brief period. Councilor Catt said he was the one
that made that motion to amend the resolution. Councilor Catt said that he does not
like to make decisions based on the spare of the moment and after looking at all the
information and doing the research on what they have done in the past is why he
made the motion to amend the resolution. Mayor McClendon said it will be up to the
entire council to make the decision on how to disburse the money. There being no
further discussion. Mayor McClendon called for a roll call vote on the motion to amend
the resolution made by Councilor Catt and Councilor Holt. City Clerk James Pulliaum
called the roll. The roll call vote was as follows:
Yes: Catt, Harris, Holt, Mondy
No: Bruce, Croom, Mohammed, Murray, Wheeless
Abstention: Hutchinson
Absent: None
With 4 Yes votes, 5 No votes, 1 Abstention votes and 0 Absent votes the motion to
amend the resolution Failed.
Mayor McClendon asked for a motion on the original motion made by Councilor
Mohammed seconded by Councilor Bruce to approve the resolution as presented.
Discussion followed: Councilor Bruce said he had previously recommended that the
employees receive the money from Covid and would like to see the resolution passed.
Councilor Bruce said he felt all the employees were deserving. He also said that he
thought it was important to have all the information regarding the finances so that
council could make intelligent decisions on how the cities money is spent and asked
council to do the right thing regardless of how long they have been here or if they are
leaving their positions. There being no further discussion. Mayor McClendon called for
a roll call vote. City Clerk, James Pulliaum called the roll. The roll call vote was as
follows to approve the resolution.
Yes: Bruce, Croom, Harris, Holt Hutchinson, Mohammed, Mondy,
111 Murray, Wheeless
No: Catt
Abstention: None
Absent: None
With 9 Yes votes, 1 No vote, 0 Abstention votes, 0 Absent votes the motion to approve
the resolution for all employees to receive the $2,000 dollar bonus Passed. The
resolution was adopted and assigned No. 2260.
R-2 A RESOLUTION APPROVING A REVISION OF THE 2021 BUDGET
Mayor McClendon read the resolution by title only. Councilor Catt provided an
explanation of the resolution. Councilor Catt said that the $3,000.000 million dollars
was received by the city but has not been incorporated into the budget and they need
permission to do that. The $671,000 dollars was not originally budgeted this is the
work that needs to be performed to get a bid packet out and get the bids back to get
the work done for the parks projects that the citizens voted on for the 9,500.000
thousand dollars to give the mayor the authority to pay these funds out and they will
need councils' approval to do so. There being no further discussion. Councilor Croom
made the motion, seconded by Councilor Mohammed to approve the resolution. Mayor
McClendon asked for a roll call vote. City Clerk James Pulliaum called the roll. The roll
call vote was as follows:
Yes: Bruce, Catt, Croom, Harris, Holt, Hutchinson, Mohammed Mondy
Murray Wheeless
No: None
Abstention: None
Absent: None
With 10 Yes votes, 0 No votes, 0 Abstention votes and 0 absent votes the resolution
was approved. The resolution was adopted and assigned No. 2261.
PERMISSION REQUEST:
PERMISSION AUTHORIZING THE MAYOR TO EXECUTE A PROFESSIONAL
SERVICES AGREEMENT WITH HDR ENGINEERING, INC. FOR ENGINEERING
SERVICES AT THE PORT OF WEST MEMPHIS WITH THIS AGREEMENT HAVING
BEEN APPROVED BY THE WEST MEMPHIS PORT AUTHORITY AND REFERRED
TO CITY COUNCIL. THE AGREEMENT AMOUNT IS $274,400 AND WILL BE PAID
FROM THE PORT AUTHORITY ACCOUNT. (FROM THE OFFICE OF ECONOMIC mei
DEVELOPMENT- MR. PHILLIP SORREL)
Councilor Croom made the motion, seconded by Councilor Harris to approve. Upon
voice vote, voting was unanimous to approve.
COMMITTEE REPORTS:
PERSONNEL COMMITTEE: Councilor Hutchinson presented the Personnel
report. The Personnel Committee met on October 13, 2021; the Personnel Committee
discussed the $200.00 dollar vaccination bonus. 230 employees received checks and
to be expecting the next round of checks in the month of November for those that are
eligible. Councilor Hutchinson said all new hires will be told advised of the initiative.
Personnel will be sharing information regarding flu shots sometime in November. East
Arkansas will be administering the shots because of the positive interactions the city
has had with the facility in past years. Departments needing purchasing Covid-19 PPE
supplies will need to order supplies for their departments through the purchasing
agent, Kenneth Johnson. Personnel Director, Janice Coleman informed commission
members that open enrollment will be the second week of December and that it is vital
for personal information to be updated to make the process go smoothly. Bid packets
will go out soon to determine a possible new insurance option and to be looking out for
the announcement from the Voya representative. The committee also discussed the
recipient of the City of West Memphis Employee of the year, Purchasing Agent,
Kenneth Johnson was recognized at the City Council Meeting in October. The Trunk
and Treat event was held on October 28, 2021, from 5-7 p.m. at the Eugene Woods
Civic Center. Councilor Hutchinson said that the event was successful. The
Emergency Management team hosted a fire extinguisher training on October 25, 2021,
at the Eugene Woods Civic Center open to all employees.
ADVERTISING & PROMOTION: Council Member Melanie Hutchinson presented the
Advertising & Promotion report. The Advertising & Promotion Committee met on
October 20, 2021. CVB Director, Jim Jackson presented the commission with the
2022 Budget. The budget was approved by the commission. The commission voted to
present it to the council for their approval. The commission discussed old business.
CVB Director, Jim Jackson said the new warehouse project is still moving forward, it
will be 2,500square feet. And there will be enough room for extra parking spaces that
might be able to be striped. One bid came in for Christmas Decorations the bid was
$48,300.00 by Festive Designs, and decorations will be going up soon. The new
business discussed was considering more people having been vaccinated that the
capacity limits be raised for the Eugene Woods Civic Center and the Civic Auditorium.
The commission voted to raise the capacity to three hundred for the Eugene Woods
Civic Center and five hundred for the Civic Auditorium. CVB Director, proposed that a
concert be held at the Civic Auditorium where those that show their vaccination cards
would be allowed to attend free. The commission proposed and voted on to use up to
$20,000.00 dollars as a raffle/lottery that would be split among twenty people each
receiving $1,000.00 dollars during the celebration/incentive event for those who have
been fully vaccinated by a date that will be determined later by the A & P Commission
POLICE COMMISSION: Councilor Mohammed presented the Police commission
report. The Police Commission met on November 1, 2021, at 12:15 p.m. Chief Pope
gave a narrative of the good news in the WMPD department. Chief Pope reported to the
commission that the suspects that dumped a male body at Mound City Road have
been apprehended by WMPD. He also reported the suspect in the Shell Gas station
shooting was apprehended in Minnesota. The Special Enforcement/Zero tolerance
Unit will have three additional officers from each shift, on Friday, Saturday, and
Sunday working overtime to help combat crime. As a result of efforts of the WMPD
efforts at the time of the report in the previous week there have been twenty-seven
felony arrest; eighteen misdemeanor arrest; and sixty doses of hydrochloride (SP) fifty-
one tablets of ecstasy; sixty-seven grams of ecstasy; fourteen ounces of marijuana; 15
doses of tramadol; 1.5 grams of meth; 5 ounces of cocaine; and much more
confiscated. On October 31,2021, the WMPD Police Department held its first
Halloween Safety Bash. There were over six hundred hamburgers and hot dogs given
out: five hundred goody bags of candy and treats. All food and Candy were donated by
local business, citizens Councilor Mondy and Councilor Mohammed. Chief Pope was
also instrumental in getting the Slingshot Motorcycle Riders from Memphis to
participate in the event. Chief Pope and the WMPD officers and staff and Cadets as
well as Mayor McClendon, City Clerk Pulliaum, Councilor Mohammed, Councilor
Mondy all participated in helping to make the event a success. Mayor McClendon and
Chief Pope presented Lt. Dyke, who retired after 27 years of service, a plaque, and his
service gun.
APPOINTMENTS: None
PRESENTATIONS:
Mayor McClendon recognized the State of Arkansas Work Force Division of West
Memphis for their services rendered in support of the City of West Memphis and
citizens of West Memphis in providing qualified employees to fill positions in various
business in Crittenden County throughout the pandemic.
Mayor McClendon and Chief Pope recognized Lt. Dykes for his 27 years of service,
loyalty and dedication to the City of West Memphis police department and the citizens
of Crittenden County. Mayor McClendon congratulated Lt. Dykes on his retirement.
Chief Pope recognized four divisions for the month of October for their outstanding
performance in helping to resolve and close major crimes. Chief Pope said because of
their efforts they have made substantial arrest and drug seizures. Officer Moses
Walker accepted the award for (SIM) Criminal Justice Division. Captain Presley
accepted the award for the Patrol Division and the officers on the street continuing to
work hard protecting the citizens of West Memphis. Lt. Braddock accepted the award
for the Narcotics Division Drug Task Force. Major Allen accepted the award for the 911
Dispatchers. Officer Greggory Bowman, Officer Ismael Clay and Sgt. Kevin Jordan all
received the life Saving Award for their life saving efforts at the gas Station Shooting
where they helped to save a victim's life. Mayor McClendon thanked all the police
officers and emergency workers for all their demanding work and dedication.
ANNOUNCEMENTS:
City Clerk, James Pulliaum reminded everyone about the Veterans parade that will be
on November 11, 2021, it will start at 10:00 a.m. at the Lehr Arena and will end with a
memorial celebration at the VFW.
CITIZENS REQUEST: NONE
Having no further business to come before the City Council, Councilor Catt made the
motion, seconded by Councilor Mondy to adjourn. Upon voice vote, voting was
unanimous to adjourn. The meeting adjourned at 2:10 p.m.
PASSED and APPROVED this 18TH day of November 2021.
MA CO MCCLE ON, MAYOR
ATTEST
J PULLIAU ITY CLERK
Minutes prepared by, Patricia Lane, Sr. Deputy City Clerk
PERMISSION REQUEST
Permission request authorizing the Mayor to execute a Professional Services Agreement with
HDR Engineering, Inc. for engineering services at the Port of West Memphis with this
Agreement having been approved by the West Memphis Port Authority and referred to City
Council. The Agreement amount is $274,400 and will be paid from the Port Authority account.
Office of Economic Development
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SHORT FORM AGREEMENT BETWEEN OWNER AND
HDR ENGINEERING,INC. FOR PROFESSIONAL SERVICES
THIS AGREEMENT is made as of this day of
, 20 , between WEST MEMPHIS CRITTENDEN COUNTY
PORT AUTHORITY ("OWNER"), with offices at 205 S. Redding Street, West
Memphis,AR 72301, and HDR ENGINEERING, INC.,("ENGINEER"or
"CONSULTANT")for services in connection with the project known as WEST
MEMPHIS PORT HYDRAULIC STUDY("Project");
WHEREAS,OWNER desires to engage ENGINEER to provide professional
engineering,consulting and related services ("Services") in connection with the Project;
and
WHEREAS, ENGINEER desires to render these Services as described in
SECTION I, Scope of Services.
NOW,THEREFORE, OWNER and ENGINEER in consideration of the mutual
covenants contained herein,agree as follows:
SECTION I. SCOPE OF SERVICES
ENGINEER will provide Services for the Project, which consist of the Scope of Services
as outlined on the attached Exhibit A.
SECTION II. TERMS AND CONDITIONS OF ENGINEERING SERVICES
The HDR Engineering, Inc. Terms and Conditions,which are attached hereto in Exhibit
B,are incorporated into this Agreement by this reference as if fully set forth herein.
SECTION III. RESPONSIBILITIES OF OWNER
The OWNER shall provide the information set forth in paragraph 6 of the attached"HDR
Engineering, Inc. Terms and Conditions for Professional Services."
SECTION IV. COMPENSATION
Compensation for ENGINEER'S services under this Agreement shall be on a Lump Sum
basis. The amount of the lump sum is Two Hundred Seventy-four Thousand,Four
Hundred Dollars($274,400).
SECTION V. PERIOD OF SERVICE
Upon receipt of written authorization to proceed, ENGINEER shall perform the services
within the time period(s)described in Exhibit A.
Agreement for Professional Services 1 5/2019
Unless otherwise stated in this Agreement, the rates of compensation for ENGINEER'S
services have been agreed to in anticipation of the orderly and continuous progress of the
project through completion. If any specified dates for the completion of ENGINEER'S
services are exceeded through no fault of the ENGINEER, the time for performance of
those services shall be automatically extended for a period which may be reasonably
required for their completion and all rates, measures and amounts of ENGINEER'S
compensation shall be equitably adjusted.
SECTION VI. SPECIAL PROVISIONS
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day
and year first written above.
WEST MEMPHIS CRITTENDEN COUNTY
PORT AUTHORITY
"OWNER"
BY:
NAME: Marco McClendon
TITLE: Mayor/Chairman
ADDRESS: 205 S. Redding Street
West Memphis, AR 72301
I-IDR ENGINEERING, INC.
"ENGINEER"
BY:
NAME: Ben R. Edelen
TITLE: Sr. Vice President/Area Mgr
ADDRESS: 2517 Sir Barton Way
Lexington, KY 40509
Agreement for Professional Services 2 5/2019
EXHIBIT A
SCOPE OF SERVICES
A
West Memphis Port
Scope of Work
t
I
1'
Project Understanding
There is an existing port at the location shown in Figure 1 that is designed for oil and gas transfers
between the port and vessels operating in the Mississippi River. During flows at or above 1,000,000 cfs
an eddy occurs on the right bank of the River at the port location making access to the port unsafe for
larger vessels. The objective of this work is to identify the source of the flow separation(eddy)at this
location and the root cause in order to facilitate a discussion about the potential range of alternatives for
addressing this condition. This work will be performed in phases with Phase 1 consisting of data
collection and an existing conditions analysis. In addition to the complex hydrodynamics at this location,
the regulatory constraints also need to be defined. Those regulatory constraints will include Section 408
Authorization for potential impacts to a federal project(levees on both sides of the Mississippi River),
and potential Mississippi River navigation structures authorized using USACE Civil works funds, FEMA
floodplain management requirements(44 CFR 60.3),dam safety impacts associated with the state's dam
safety office if applicable(2010 Tennessee Code Annotated(T.C.A.)Title 69,Chapter 11 T.C.A. 69-11,
otherwise known as the Safe Dams Act of 1973),and environmental impacts associated with the Clean
Water Act(Section 404). This scope will focus on the first three regulatory processes(Section 408,
FEMA, and the Safe Dams Act of 1973). Future phases will address other regulatory processes once
alternatives have been identified.
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Figure 1-Project Location—Mississippi River at West Memphis,Arkansas
The Phase 1 results are intended to provide an understanding of the existing condition hydrodynamics
based on an existing conditions analysis and a review of available data and reports that provide evidence
of changes that have occurred over time. This will provide a framework for a discussion about the range
of alternatives that will need to be evaluated in subsequent phases of work.
TASK 1: PROJECT MANAGEMENT
Objective: This task represents the efforts required to administer the project,coordinate with
subcontractors,facilitate coordination meetings with the client and stakeholders,
facilitate coordination of the project team,and project accounting/invoicing.
HDR Activities:
• Accounting/invoicing.
• Client coordination and meeting minutes.
• Team and subcontractor coordination.
• Project Scheduling
• QA/QC(Quality Assurance and Quality Control)
Key Understandings
and Assumptions:
• Notice to proceed will occur on or before November 15,2021
• Field visit will be scheduled approximately two weeks after the NTP.
TASK 2—BATHYMETRIC AND TERRESTRIAL DATA COLLECTION
Objective: Capture the existing conditions bathymetric surface using multibeam data
collection to map the Mississippi River for the reach shown in Figure 1. The
bathymetric data collected as a part of this effort will be merged with the best
available terrestrial data to create a composite terrain surface for use in
developing hydrodynamic models and for future use in developing alternatives.
Survey control will need to be established to correlate the bathymetry data with
vertical and horizontal datums. The bathymetric and control surveys will be
performed by eTrac as subconsultants to HDR.
HDR Activities: Data Collection
• Contract with and coordinate the bathymetric data collection,terrestrial
surveys of the exposed bars, USGS Gage 07032000(Mississippi River at
Memphis,TN)datum monuments and control surveys.
• Collection of classified LAS files from The National Map site for the
terrestrial terrain data from the best available source. Process the classified
LAS data into a terrain surface for the terrestrial data.
• Process the multibeam bathymetric data set into a DEM.
• Creation of a merged terrain surface from the terrestrial and bathymetric
data.
• The USACE will be contacted to confirm the availability of relevant
bathymetric and velocity survey data.
• Perform a field review with the key project team members to review current
site conditions at the port and in the vicinity of the port and analysis reach.
• A data gap analysis will be performed using the collected bathymetry,point
bar survey and terrestrial data for consistency and data gaps that may be
consequential to the modeling effort.
Key Understandings
and Assumptions:
• Existing data and studies performed by others will be readily available
• Terrestrial terrain data will be available as classified LAS files and associated
metadata reports
• It is assumed that the reach identified will be adequate to develop a hydraulic
model that can be adequately validated using data from other sources for
establishment of the downstream boundary condition.
• It is assumed that there will not be any significant data gaps between the
bathymetric and LiDAR data sets.
Meetings/Travel: -Two(2)WebEx or Zoom coordination meetings with the survey and
bathymetric subconsultant.
TASK 3—Collect and Review Existing Site Data
Objective: This task represents the efforts need to collect additional available relevant data
from the USACE, USGS and others needed to help characterize the site
conditions and changes over available history.
HDR Activities: Base Data Processing
• Coordination with USGS for collection of gage history reports for USGS
Gage 07032000(Mississippi River at Memphis,TN),collection of direct
measurement data for evaluation of historic channel changes at the gage
location and compilation of daily flow data not available on the USGS
website.
• The data collected from the USGS will be reviewed and compared to the
bathymetric data to assess changes in the bed profile over time. The USGS
direct measurement data is limited to the period from April 2011 to present.
• A request will be made from FEMA and the USACE for the FEMA effective
model for the Mississippi River and latest operational hydraulic model for
the Mississippi River in this reach. These models will be used to develop a
downstream boundary condition for the modeling effort for this study.
•
• Historic aerial images will be compiled to identify historical changes in the
reach which may be relevant to the behaviors observed
• Process the multibeam bathymetric data set into a DEM for use in RAS
Mapper.
• Creation of a merged terrain surface from the terrestrial and bathymetric data
in RAS Mapper and evaluate the potential data gaps that may warrant
supplemental surveys.
• Evaluation of data gaps and their relevance to the task.
• HEC-RAS models received from FEMA and/or the USACE will be reviewed
to determine level of detail,conditions represented and adequacy for use in
developing boundary conditions for Tasks 3 and 4. In particular the results
will be compared to the USGS gage and input will be reviewed to determine
if the existing there are included in the model.
Key Understandings
and Assumptions:
• Existing data and studies performed by others will be readily available
• It is assumed that there will not be a large data gap between the bathymetric
and terrestrial data sets that will require data augmentation.
Meetings/Travel: -Two(2) WebEx or Zoom coordination meetings with the client and other
agencies supplying data.
-One(1)Field visit with the technical team and PM
TASK 4—2D Hydrodynamic Modeling
Objective: The purpose of this task is to capture the current hydraulic setting for a range of
discharges that considers the unique conditions that exist at this site due to
natural bends in the river and site features. The analysis will include both a two-
dimensional (2D)solution that will allow a more rapid evaluation of alternatives
and a three-dimensional model(Task 4)to explore the importance of vertical
flow patterns that may be important to the understanding of the setting and
influence of proposed mitigation options on hydraulic conditions and sediment
movement. It is anticipated that the 2D model will provide an initial
confirmation of flow patterns in the Port and vicinity during known and
documented flow conditions. The 2D model will provide a confirmation of the
extent of the detailed CFD model and provide boundary conditions for the
detailed CFD model. The 2D model will also be utilized in future Phases of this
effort if necessary. The range of flows will encompass what is required for the
future tasks in this scope(CFD model and River Stability Analysis). Velocity
data collected by USACE will be used to confirm that the model is reasonably
reproducing flow patterns and velocity magnitudes in the Port area.
eTrac Inc.
Technical Proposal
eTrac
HDR—Mississippi River at Memphis
October 18, 2021
II. Vessel Operations and Safety
eTrac maintains a fleet of 18 capable and purpose built hydrographic survey vessels throughout the
contiguous US and Alaska. Of these vessels, approximately 3 are permanently stationed in Houston, TX.
The vessel to be used is the R/V 505.This vessel is designed and has been used extensively for bathymetric
and geophysical surveying in nearshore and offshore environments including work in Alaska, California,
Washington,Texas and Louisiana. R/V 505 can be trailered by road to any location in the country and is
the suggested vessel for the project.
Every effort will be made to survey in all conditions, however if the survey data is compromised or the
Field Manager deems the weather to be creating an unsafe environment,on water operations will pause
until weather conditions permit. A safe working distance will be maintained from any marine
infrastructure to reduce any chance of entanglement of the system.
III. R/V 505
R/V 505 is a 32ft LOA aluminum catamaran survey vessel. The vessel has a dedicated workspace,displays
and mounts for near shore surveying. The specifications are below in Figure 2.
R/V 505
VesselSpedfkatIons
M.. %In MO
Additional Features
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Figure 2:R/V 505 specifications
IV. Operations
-5-
eTrac Inc.
Technical Proposal
eTrac
HDR—Mississippi River at Memphis
October 18, 2021
The multibeam echosounder will be pole mounted. The (optional)vessel based lidar will be mounted to
the vessel frame for shoreline scanning.The(optional)UAV Lidar system is a stand alone unit independent
of the R/V 505.
V. Multibeam Operations
A full coverage multibeam survey will be conducted in the proposed survey area. An R2Sonic 2024
Multibeam Echosounder will be used(Figure 3).The system will be run at 400 kHz with a 100°swath.The
vessel will be positioned with a fully integrated position and motion system receiving corrections from a
local base station and processed using a Smoothed Best Estimate of Trajectory(SBET).
This system will be pole mounted and collected independently of the remaining sensors.
z
Figure 3:R2Sonic 2024 Multibeam Echosounder
VI. Vessel Based Lidar (optional)
The Riegl VZ-400 is a high resolution laser scanning system producing detailed point cloud information for
a variety of purposes. The VZ-400 is vessel mounted to the survey vessel and tightly coupled with the
inertial aided GNSS positioning system for high accuracy results. Survey lines are run parallel to the
shoreline to obtain Lidar information from the vessel vantage.
-6-
eTrac Inc.
eTrac Technical Proposal
HDR—Mississippi River at Memphis
October 18, 2021
it,
1.11!'
Figure 4:Riegl VZ-400 Laser Scanner
VII. Sensor Positioning
The vessel will be positioned with an Applanix POS MV Oceanmaster V5. The POS MV will be used to
acquire position,attitude,and heading information throughout the survey.The POS MV is comprised of a
rack mount processor,dual GPS antenna baseline,and an inertial motion unit.The multibeam system will
be pole mounted with offsets measured from the vessel's reference point.
I I ► .
. i i
Figure 5:Applanix PosMV Oceanmaster
Horizontal and Vertical Control
Conforming to the guidelines set forth in the RFP, all data for the survey will be acquired, processed, and
delivered in the following datums/projections:
Project Units: US Survey Feet
Horizontal Datum: NAD83(2001)
Horizontal Projection: State Plane Coordinate System:TN
-7 -
eTrac Inc.
eTrac Technical Proposal
HDR—Mississippi River at Memphis
i.,„ October 18, 2021
Vertical Datum: NAVD88,Geoid 18
tai
Based on the RFP, a single project benchmark will be established by HDR prior to the bathymetric and
optional shoreline scanning work. Once onsite, eTrac will establish a temporary base station for the
duration of the survey work. The base station will be established on a retrievable point and tied to the
existing project control. eTrac will establish the base station within a 7 mile radius of all survey areas
within the scope. RTK corrections will be utilized throughout the survey via NTRIP client.
In addition to the Real-time Kinematic approach, eTrac further utilizes Post-Processed Kinematic (PPK)
techniques within the data processing pipeline. Once the data is in the office, PosPac MMS software is
used to create a Smoothed Best Estimate of Trajectory (SBET) from the vessel navigation files logged in
the field and the base station corrections data logged at the base station during acquisition.
VIII. Acquisition Approach
eTrac has estimated the amount of time required to complete the survey based on estimated swath
coverage and charted depths within the survey boundary.
Multibeam Survey Acquisition
Multibeam surveylines will be runparallel to the shoreline.All efforts will be made to collect full coverage
I;
i data within the project extents.The shoreward limit of MBES data is estimated to be 6-8ft below waterline
at time of survey. For shallow shoreline work, the Multibeam sonar will be tilted at a 15deg angle to
maximize shallow water data collection.
Shoreline Lidar Acquisition
Shoreline Lidar will be acquired from the same vessel that is performing the Multibeam bathymetry work.
Two lines will be run parallel to the shoreline on each bank of the river.
Local conditions including vessel traffic, current and non adverse weather conditions could influence the
speed at which the survey vessel can travel both in transit and during the survey. The timing suggested
above is an estimate based on previous work in the area.
C. Web GIS Portal (included)
eTrac has developed a product line of web based GIS solutions. These tools have been developed for
clients across eTrac's business sectors including dredge management, utilities clients,asset management
among others.The base GIS tool is customizable to specific client needs including but not limited to:
• Bathymetric Layers • Depth of Burial
• Difference Layers • Measurement tools
• AIS Vessel Traffic • 3D Point Cloud Tools
-8-
kiGIS Web Portals are customizable to client needs and are secure and restricted with user permissions.
eTrac proposes the creation of a Web Based GIS portal for the visualization and storage of hydrographic
services digital data products for the Mississippi River Project.The portal will be live for the duration of
the project acquisition, processing,and delivery of the final product and is included in the survey
service. Pricing for the continuation of the Web GIS Portal after project completion can be discussed
within the current scope or as a separate scope.
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Figure 6:Examples of WEB Based GIS Project Portal
D. Personnel and Experience
eTrac, Inc. is a Small Business established in 2003 as a hydrographic survey, vessel positioning, and
instrumentation firm.eTrac has quickly grown to include over 45 employees over several offices including
San Francisco, Seattle, Anchorage and Houston. The firm has earned a strong reputation among many
sectors of the hydrographic industry including government agencies and private industry.
eTrac's equipment fleet has also grown to include 18 aluminum geophysical survey vessels as well as
t several ultra-portable shallow water survey craft. eTrac is committed to continual reinvestment in
industry leading equipment and knowledgeable staff to complete multibeam, singlebeam, side scan,
magnetometer, sub-bottom, mobile LiDAR, UAV Lidar, and water-level surveys required by our clients.
s)
eTrac Inc.
Technical Proposal
eTrac
HDR—Mississippi River at Memphis
October 18, 2021
Led by professionally licensed land surveyors and ACSM/THSOA certified hydrographers, eTrac's projects
are performed at the highest level of quality and detail that the industry demands.
eTrac is experienced in advanced hydrographic and geophysical data processing with rigorous quality
control routines to ensure that raw sounding data is accurately corrected for vessel attitude,tides, speed
of sound, PPK position solutions, and tow fish position, to name a few. To meet the accuracy and
resolution standards commonly specified for hydrographic surveys, eTrac is committed to analyzing
uncertainty and error associated with synchronizing multiple sensors and following detailed procedures
from pre-survey planning through product delivery.
Personnel assigned to this project will have a combined experience in establishing geodetic control,
multibeam hydrographic survey,and topographic Lidar acquisition and processing.
- 10-
EXHIBIT B
TERMS AND CONDITIONS
HDR Engineering, Inc. Terms and Conditions
for Professional Services
1. STANDARD OF PERFORMANCE beyond those set forth in this Agreement. OWNER agrees to include
The standard of care for all professional engineering,consulting and ENGINEER as an indemnified party in OWNER's construction
related services performed or furnished by ENGINEER and its contracts for the work,which shall protect ENGINEER to the same
employees under this Agreement will be the care and skill ordinarily degree as OWNER. Further,OWNER agrees that ENGINEER shall
used by members of ENGINEER's profession practicing under the be listed as an additional insured under the construction contractor's
same or similar circumstances at the same time and in the same liability insurance policies.
locality. ENGINEER makes no warranties,express or implied,under 5. CONTROLLING LAW
this Agreement or otherwise,in connection with ENGINEER's This Agreement is to be governed by the laws of the State of
services. Arkansas.
2. INSURANCE/INDEMNITY 6. SERVICES AND INFORMATION
ENGINEER agrees to procure and maintain,at its expense,Workers' OWNER will provide all criteria and information pertaining to
Compensation insurance as required by statute;Employer's Liability OWNER's requirements for the project,including design objectives
of$250,000;Automobile Liability insurance of$1,000,000 combined and constraints,space,capacity and performance requirements,
single limit for bodily injury and property damage covering all flexibility and expandability,and any budgetary limitations. OWNER
vehicles,including hired vehicles,owned and non-owned vehicles; will also provide copies of any OWNER-furnished Standard Details,
Commercial General Liability insurance of$1,000,000combined Standard Specifications,or Standard Bidding Documents which are to
single limit for personal injury and property damage;e;and Professional
Liability insurance of$1,000,000 per claim for protection against be incorporated into the project.
claims arising out of the performance of services under this OWNER will furnish the services of soils/geotechnical engineers or
Agreement caused by negligent acts,errors,or omissions for which other consultants that include reports and appropriate professional
ENGINEER is legally liable. If flying an Unmanned Aerial System recommendations when such services are deemed necessary by
(UAS or drone),ENGINEER will procure and maintain aircraft ENGINEER. The OWNER agrees to bear full responsibility for the
unmanned aerial systems insurance of$1,000,000 per occurrence. technical accuracy and content of OWNER-furnished documents and
OWNER shall be made an additional insured on Commercial services.
General and Automobile Liability insurance policies and certificates In performing professional engineering and related services
of insurance will be furnished to the OWNER. ENGINEER agrees to hereunder,it is understood by OWNER that ENGINEER is not
indemnify OWNER for third party personal injury and property engaged in rendering any type of legal,insurance or accounting
damage claims to the extent caused by ENGINEER's negligent acts, services,opinions or advice. Further,it is the OWNER's sole
errors or omissions. However,neither Party to this Agreement shall responsibility to obtain the advice of an attorney,insurance counselor
be liable to the other Party for any special,incidental,indirect,or or accountant to protect the OWNER's legal and financial interests.To
consequential damages(including but not limited to loss of use or that end,the OWNER agrees that OWNER or the OWNER's
opportunity;loss of good will;cost of substitute facilities,goods,or representative will examine all studies,reports,sketches,drawings,
services;cost of capital;and/or fines or penalties),loss of profits or specifications,proposals and other documents,opinions or advice
revenue arising out of,resulting from,or in any way related to the prepared or provided by ENGINEER,and will obtain the advice of an
Project or the Agreement from any cause or causes,including but attorney,insurance counselor or other consultant as the OWNER
not limited to any such damages caused by the negligence,errors deems necessary to protect the OWNER's interests before OWNER
or omissions,strict liability or breach of contract.
takes action or forebears to take action based upon or relying upon
3. OPINIONS OF PROBABLE COST(COST ESTIMATES) the services provided by ENGINEER.
Any opinions of probable project cost or probable construction cost
provided by ENGINEER are made on the basis of information 7. SUCCESSORS,ASSIGNS AND BENEFICIARIES
available to ENGINEER and on the basis of ENGINEER's OWNER and ENGINEER,respectively,bind themselves,their
experience and qualifications,and represents its judgment as an partners,successors,assigns,and legal representatives to the
experienced and qualified professional engineer. However,since covenants of this Agreement. Neither OWNER nor ENGINEER will
ENGINEER has no control over the cost of labor,materials, assign,sublet,or transfer any interest in this Agreement or claims
equipment or services furnished by others,or over the contractor(s') arising therefrom without the written consent of the other.No third
methods of determining prices,or over competitive bidding or market party beneficiaries are intended under this Agreement.
conditions,ENGINEER does not guarantee that proposals,bids or 8. RE-USE OF DOCUMENTS
actual project or construction cost will not vary from opinions ofAll documents,including all reports,drawings,specifications,
probable cost ENGINEER prepares. computer software or other items prepared or furnished by
4. CONSTRUCTION PROCEDURES ENGINEER pursuant to this Agreement,are instruments of service
ENGINEER's observation or monitoring portions of the work with respect to the project. ENGINEER retains ownership of all such
performed under construction contracts shall not relieve the documents. OWNER may retain copies of the documents for its
contractor from its responsibility for performing work in accordance information and reference in connection with the project;however,
with applicable contract documents. ENGINEER shall not control or none of the documents are intended or represented to be suitable for
have charge of,and shall not be responsible for,construction means, reuse by OWNER or others on extensions of the project or on any
methods,techniques,sequences,procedures of construction,health other project. Any reuse without written verification or adaptation by
or safety programs or precautions connected with the work and shall ENGINEER for the specific purpose intended will be at OWNER's sole
not manage,supervise,control or have charge of construction. risk and without liability or legal exposure to ENGINEER,and
ENGINEER shall not be responsible for the acts or omissions of the OWNER will defend,indemnify and hold harmless ENGINEER from
contractor or other parties on the project.ENGINEER shall be all claims,damages,losses and expenses,including attorney's fees,
entitled to review all construction contract documents and to require arising or resulting therefrom. Any such verification or adaptation will
that no provisions extend the duties or liabilities of ENGINEER
1 (5/2020)
Ientitle ENGINEER to further compensation at rates to be agreed
upon by OWNER and ENGINEER. 13. CONTROLLING AGREEMENT
1110 These Terms and Conditions shall take precedence over any
9. TERMINATION OF AGREEMENT inconsistent or contradictory provisions contained in any proposal,
OWNER or ENGINEER may terminate the Agreement,in whole or in contract,purchase order,requisition,notice-to-proceed,or like
part,by giving seven(7)days written notice to the other party. document.
Where the method of payment is"lump sum,"or cost reimbursement,
the final invoice will include all services and expenses associated 14. EQUAL EMPLOYMENT AND NONDISCRIMINATION
with the project up to the effective date of termination. An equitable In connection with the services under this Agreement,ENGINEER
adjustment shall also be made to provide for termination settlement agrees to comply with the applicable provisions of federal and state
costs ENGINEER incurs as a result of commitments that had Equal Employment Opportunity for individuals based on color,
become firm before termination,and for a reasonable profit for religion,sex,or national origin,or disabled veteran,recently
services performed. separated veteran,other protected veteran and armed forces
service medal veteran status,disabilities under provisions of
10. SEVERABILITY executive order 11246,and other employment,statutes and
If any provision of this agreement is held invalid or unenforceable, regulations,as stated in Title 41 Part 60 of the Code of Federal
the remaining provisions shall be valid and binding upon the parties. Regulations§60-1.4(a-f),§60-300.5(a-e),§60-741 (a-e).
One or more waivers by either party of any provision,term or
condition shall not be construed by the other party as a waiver of 15. HAZARDOUS MATERIALS
any subsequent breach of the same provision,term or condition. OWNER represents to ENGINEER that,to the best of its
knowledge,no hazardous materials are present at the project site.
11. INVOICES However,in the event hazardous materials are known to be
ENGINEER will submit monthly invoices for services rendered and present,OWNER represents that to the best of its knowledge it
OWNER will make payments to ENGINEER within thirty(30)days has disclosed to ENGINEER the existence of all such hazardous
of OWNER's receipt of ENGINEER's invoice. materials,including but not limited to asbestos,PCB's,petroleum,
hazardous waste,or radioactive material located at or near the
ENGINEER will retain receipts for reimbursable expenses in general project site,including type,quantity and location of such
accordance with Internal Revenue Service rules pertaining to the hazardous materials. It is acknowledged by both parties that
support of expenditures for income tax purposes.Receipts will be ENGINEER's scope of services do not include services related in
available for inspection by OWNER's auditors upon request. any way to hazardous materials. In the event ENGINEER or any
If OWNER disputes any items in ENGINEER's invoice for any other party encounters undisclosed hazardous materials,
reason,including the lack of supporting documentation,OWNER ENGINEER shall have the obligation to notify OWNER and,to the
may temporarily delete the disputed item and pay the remaining extent required by law or regulation,the appropriate governmental
amount of the invoice. OWNER will promptly notify ENGINEER of officials,and ENGINEER may,at its option and without liability for
the dispute and request clarification and/or correction. After any delay,consequential or any other damages to OWNER,suspend
dispute has been settled,ENGINEER will include the disputed item performance of services on that portion of the project affected by
on a subsequent,regularly scheduled invoice.or on a special hazardous materials until OWNER: (i)retains appropriate
invoice for the disputed item only. specialist consultant(s)or contractor(s)to identify and,as
appropriate,abate,remediate,or remove the hazardous materials;
OWNER recognizes that late payment of invoices results in extra and(ii)warrants that the project site is in full compliance with all
expenses for ENGINEER. ENGINEER retains the right to assess applicable laws and regulations. OWNER acknowledges that
OWNER interest at the rate of one percent(1%)per month,but not ENGINEER is performing professional services for OWNER and
to exceed the maximum rate allowed by law,on invoices which are that ENGINEER is not and shall not be required to become an
not paid within thirty(30)days from the date OWNER receives "arranger,""operator,""generator,"or"transporter"of hazardous
ENGINEER's invoice. In the event undisputed portions of materials,as defined in the Comprehensive Environmental
ENGINEER's invoices are not paid when due,ENGINEER also Response,Compensation,and Liability Act of 1990(CERCLA),
reserves the right,after seven(7)days prior written notice,to which are or may be encountered at or near the project site in
suspend the performance of its services under this Agreement until connection with ENGINEER's services under this Agreement. If
all past due amounts have been paid in full. ENGINEER's services hereunder cannot be performed because of
the existence of hazardous materials,ENGINEER shall be entitled
12. CHANGES to terminate this Agreement for cause on 30 days written notice.
The parties agree that no change or modification to this Agreement, To the fullest extent permitted by law,OWNER shall indemnify
or any attachments hereto,shall have any force or effect unless the and hold harmless ENGINEER,its officers,directors,partners,
change is reduced to writing,dated,and made part of this employees,and subconsultants from and against all costs,losses,
Agreement. The execution of the change shall be authorized and and damages(including but not limited to all fees and charges of
signed in the same manner as this Agreement. Adjustments in the engineers,architects,attorneys,and other professionals,and all
period of services and in compensation shall be in accordance with court or arbitration or other dispute resolution costs)caused by,
applicable paragraphs and sections of this Agreement. Any arising out of or resulting from hazardous materials,provided that
proposed fees by ENGINEER are estimates to perform the services (i)any such cost,loss,or damage is attributable to bodily injury,
required to complete the project as ENGINEER understands it to be sickness,disease,or death,or injury to or destruction of tangible
defined. For those projects involving conceptual or process property(other than completed Work),including the loss of use
development services,activities often are not fully definable in the resulting therefrom,and(ii)nothing in this paragraph shall obligate
initial planning. In any event,as the project progresses,the facts OWNER to indemnify any individual or entity from and against the
developed may dictate a change in the services to be performed, consequences of that individual's or entity's sole negligence or
which may alter the scope. ENGINEER will inform OWNER of such willful misconduct.
to situations so that changes in scope and adjustments to the time of
performance and compensation can be made as required. If such 16. EXECUTION
change,additional services,or suspension of services results in an This Agreement,including the exhibits and schedules made part
increase or decrease in the cost of or time required for performance hereof,constitute the entire Agreement between ENGINEER and
of the services,an equitable adjustment shall be made,and the OWNER,supersedes and controls over all prior written or oral
Agreement modified accordingly. understandings. This Agreement may be amended,supplemented
Terms&Conditions for Professional Services 2 (5/2020)
or modified only by a written instrument duly executed by the cyber security policies and procedures, documentation and training
parties. requirements, continuous monitoring of assets for tampering and
intrusion,periodic evaluation for asset vulnerabilities,implementation
`r 17. ALLOCATION OF RISK p
and update of appropriate technical, physical, and operational
OWNER AND ENGINEER HAVE EVALUATED THE RISKS AND standards, and offline testing of all software/firmware
REWARDS ASSOCIATED WITH THIS PROJECT,INCLUDING patches/updates prior to placing updates into production.
ENGINEER'S FEE RELATIVE TO THE RISKS ASSUMED,AND Additionally, OWNER recognizes and agrees that OT Systems are
AGREE TO ALLOCATE CERTAIN OF THE RISKS,SO,TO THE subject to internal and external breach, compromise, and similar
FULLEST EXTENT PERMITTED BY LAW,THE TOTAL incidents. Security features designed, recommended or assessed
AGGREGATE LIABILITY OF ENGINEER(AND ITS RELATED by ENGINEER are intended to reduce the likelihood that CT
CORPORATIONS,SUBCONSULTANTS AND EMPLOYEES)TO Systems wit be compromised by such incidents. However,
OWNER AND THIRD PARTIES GRANTED RELIANCE IS ENGINEER does not guarantee that OWNER's CT Systems are
LIMITED TO THE LESSER OF$1,000,000 OR ITS FEE,FOR ANY impenetrable and OWNER agrees to waive any claims against
AND ALL INJURIES,DAMAGES,CLAIMS,LOSSES,OR ENGINEER resulting from any such incidents that relate to or affect
EXPENSES(INCLUDING ATTORNEY AND EXPERT FEES) OWNER's OT Systems.
ARISING OUT OF ENGINEER'S SERVICES OR THIS
AGREEMENT REGARDLESS OF CAUSE(S)OR THE THEORY 23.FORCE MAJEURE
OF LIABILITY,INCLUDING NEGLIGENCE,INDEMNITY,OR ENGINEER shall not be responsible for delays caused by factors
OTHER RECOVERY. beyond ENGINEER's reasonable control, including but not limited to
delays because of strikes, lockouts, work slowdowns or stoppages,
18. LITIGATION SUPPORT government ordered industry shutdowns, power or server outages,
In the event ENGINEER is required to respond to a subpoena, acts of nature, widespread infectious disease outbreaks (including,
government inquiry or other legal process related to the services in but not limited to epidemics and pandemics), failure of any
connection with a legal or dispute resolution proceeding to which governmental or other regulatory authority to act in a timely manner,
ENGINEER is not a party,OWNER shall reimburse ENGINEER for failure of the OWNER to furnish timely information or approve or
reasonable costs in responding and compensate ENGINEER al its disapprove of ENGINEER's services or work product, or delays
then standard rates for reasonable time incurred in gathering caused by faulty performance by the OWNER's or by contractors of
information and documents and attending depositions,hearings, any level or any other events or circumstances not within the
and trial. reasonable control of the party affected,whether similar or dissimilar
19. NO THIRD PARTY BENEFICIARIES to any of the foregoing. When such delays beyond ENGINEER's
No third party beneficiaries are intended under this Agreement. In reasonable control occur,the OWNER agrees that ENGINEER shall
the event a reliance letter or certification is required under the not be responsible for damages,nor shall ENGINEER be deemed in
scope of services, the parties agree to use a form that is mutually default of this Agreement,and the parties will negotiate an equitable
acceptable to both parties. adjustment to ENGINEER's schedule and/or compensation if
impacted by the force majeure event or condition.
20. UTILITY LOCATION
~' If underground sampling/testing is to be performed, a local utility
locating service shall be contacted to make arrangements for all
utilities to determine the location of underground utilities. In addition,
OWNER shall notify ENGINEER of the presence and location of any
underground utilities located on the OWNER's property which are
not the responsibility of private/public utilities. ENGINEER shall take
reasonable precautions to avoid damaging underground utilities that
are properly marked. The OWNER agrees to waive any claim
against ENGINEER and will indemnify and hold ENGINEER
harmless from any claim of liability, injury or loss caused by or
allegedly caused by ENGINEER's damaging of underground utilities
that are not properly marked or are not called to ENGINEER's
attention prior to beginning the underground sampling/testing.
21.UNMANNED AERIAL SYSTEMS
If operating UAS, ENGINEER will obtain all permits or exemptions
required by law to operate any UAS included in the services.
ENGINEER's operators have completed the training, certifications
and licensure as required by the applicable jurisdiction in which the
UAS will be operated. OWNER will obtain any necessary
permissions for ENGINEER to operate over private property, and
assist, as necessary, with all other necessary permissions for
operations.
22.OPERATIONAL TECHNOLOGY SYSTEMS
OWNER agrees that the effectiveness of operational technology
systems ("OT Systems") and features designed, recommended or
assessed by ENGINEER are dependent upon OWNER's continued
operation and maintenance of the OT Systems in accordance with all RECEIVED
standards, best practices, laws, and regulations that govern the 'w
operation and maintenance of the OT Systems. OWNER shall be City Cie $ Office
solely responsible for operating and maintaining the OT System in DQt n/1 v7 accordance with applicable industry standards (i.e. ISA, NIST, etc.) �"/
and best practices, which generally include but are not limited to, By
Terms&Conditions for Professional Services 3 (5/2020)
HDR Activities: Hydrodynamic Modeling
• HDR will create a 2D hydrodynamic model (HEC-RAS)along the project
reach based on the channel bathymetry and Terrestrial LiDAR collected in
Task 1. This reach includes one USGS gauge which will be used to validate
the model results.
• The modeling will utilize observed events in the record of different
magnitudes to evaluate the site conditions and for comparison to observed
data. The hydrologic data will be derived from the USGS gage record
available online or as collected in Task 2.
• It is anticipated that the ID hydraulic model (HEC-RAS)that was used to
develop the FEMA mapping for this reach will be readily available from
either FEMA or the USACE. Once received, it will be reviewed for
reasonable fit to the gage data as well and be used to help inform the
downstream boundary condition for the 2D model.
• HDR will develop a 3D model using FLOW3D for the area near the port—
see Task 4.
• The methods,assumptions and results will be summarized in a technical
memorandum.
Key Understandings
and Assumptions:
• Assuming that geometry and condition of spur-dikes in the reach will be
available and will not need to be incorporated into the bathymetry(will be
captured in the terrestrial and/or bathymetric data).
• It is assumed that the existing spur dikes are included in the publicly
available ID hydraulic model for the Mississippi River and that this model
reasonably represents the existing condition within the accuracy needs of the
project.
Meetings/Travel: -One(1)WebEx or Zoom coordination meetings with the project team to review
model findings.
-One(1)WebEx or Zoom coordination meetings with the client and other
stakeholders to review model findings.
TASK 5—CFD Model for Port Reach
Objective: HDR will create a three-dimensional(3-D),computational fluid dynamics(CFD)
model of the Mississippi River near the Port to gain an understanding of the
existing conditions flow pattens and eddies that have caused challenging
navigation conditions. The CFD model will also provide shear stresses,velocity
magnitudes,and depths over the range of flows that will be necessary to derive
stream power, Rouse number,and scour potential for the river stability
evaluation as part of Phase 1. The CFD model will provide context to
conceptualize alternatives and then evaluate them in Phase 2 for effectiveness
and evaluate them for regulatory compliance in Phase 3. The model will be
verified by comparing the results to the USACE velocity measurements as well
as the(2D)model results. It is anticipated that the CFD model will be able to
estimate the direction and magnitude of the flow velocity in the river as well as in
the port.
HDR Activities: CFD Model
• HDR will review the 2D model results,site visit notes,define CFD extents,
extract boundary conditions from the 2D model,and use anecdotal
information and velocity surveys from the Port and the USACE to develop
the model
• Utilize CFD software to create an existing conditions model and geometry.
• Perform mesh sensitivity simulations
• Perform comparison to measured velocities
• Run four existing conditions discharges in quasi-steady state
• Characterize existing hydrodynamics and investigate navigation issues
• Document with graphics
• The methods,assumptions and results will be summarized in a technical
memorandum.
Key Understandings
and Assumptions:
• Mobile bed CFD is not a part of this effort
• It is anticipated that the CFD model and 2D model will differ in the results
that they produce. It is expected but should be able to be explained within
the context of the project.
Meetings/Travel: -One(I) WebEx or Zoom coordination meetings with the project team to review
model findings.
-One(1) WebEx or Zoom coordination meetings with the client and other
stakeholders to review model findings.
TASK 6—River Stability Evaluation
Objective: HDR will perform a river stability evaluation along the project reach. It is
anticipated that the 2D and CFD models will provide necessary hydrodynamic
parameters for the assessment of geomorphic stability thresholds:shear stress,
stream power, Rouse number,and scour potential. Phase I will establish baseline
conditions for subsequent evaluation of potential impacts on the river stability in
Phase 2 alternative analysis.
Bed load movement and overall sediment transport is a function of bed shear
stress. Planform mapping of bed shear typically indicates river reaches
susceptible to increased scour/erosion,where the maximum shear stress exceeds
the critical value for incipient motion of representative bed particles.
Stream power is a major predictor of channel form and dynamics as it quantifies
the amount of fluvial geomorphic work,such as moving sediment on the bed or
along the banks of the river. It is used extensively in models of landscape
evolution and river incision(with relation to lateral channel migration),
particularly for the sand-bed sediment transport regime.
The Rouse number is an important non-dimensional number in fluid dynamics
which determines how sediment will be transported in a flowing fluid(as bed
load,suspended load,or wash load). Planform mapping of the Rouse number is
used to indicate river reaches susceptible to increased deposition,where the
settling velocity of suspended particles exceeds vertical turbulence threshold for
sediment entrainment.
Detailed planform mapping of the above morphologic thresholds(based on
hydrodynamic results and sediment inputs)will be used in rapid characterization
of river stability for a range of frequency flows(1-yr,20-yr,and 100-yr
recurrence interval).
HDR Activities: River Stability Evaluation
• HDR will evaluate basic geomorphic thresholds in the project reach based on
2D and CFD model results.
• Existing studies, USGS direct measurements and bathymetric transects
collected by the USACE during past surveys will be collected within the
project reach to evaluate potential changes that have occurred within the time
frame of available data to serve as a limited assessment of bed changes
• Three existing conditions discharges will be analyzed
• Characterize/map existing river stability parameters
Key Understandings
and Assumptions:
• Mobile bed sediment transport modeling is not a part of this effort.
• Impact on downstream river stability will not be evaluated in Phase 1 but
may be needed in Phase 2 analysis.
• Bed sediment characterization in the project reach will be obtained from
USACE reports.
Meetings/Travel: -One(1)WebEx or Zoom coordination meetings with the client and other
stakeholders to review findings.
TASK 7—USACE SECTION 408 COORDINATION AND FEMA COMPLIANCE
Objective: Conduct coordination activities with the levee sponsors and USACE Memphis
District to identify technical requirements associated with USACE Section 408
approval requirements associated with any port improvements.
HDR Activities: Section 408 Process and State Dam Safety Review
• Coordinate with the client on the design and construction documentation
associated with the original design and in-river and overbank improvements.
• Coordinate with levee sponsors and request information on the levee systems
identified within this Scope of Services.
• Coordinate with USACE and request information on the identified levee
systems and on the Mississippi River navigation system control features
within the bounds of the Project area.
• Coordinate with the Tennessee Division of Water Resources(TDWR)Safe
Dams Program office to request as-built and dam operations information for
the two identified dams within the analysis corridor.
AQencv Coordination
• Prepare for and conduct coordination webinar with levee sponsors.
• Prepare for and conduct coordination with USACE Memphis District via
conference calls.
• Prepare for and conduct one(1)coordination webinar with the TDWR Safe
Dams Program office on the two identified dams within the Project analysis
area.
• Prepare for and conduct one(1)conference call each with the Memphis Park
Commission and the Tennessee Valley Authority (TVA)serving as the
identified dam owners.
• Participate in client webinar presenting results of the draft TM of alternatives
for this project.
Technical Memorandum
• The technical memorandum(TM)will include the findings from the review
of the Section 408 Process and Dam Safety review,the data collected and
considered,describe the levee and navigation structures within the area of the
port,specify USACE civil works requirements for meeting Section 408
authorization standards,and summarize the Section 408 submittal process for
the alternatives described in the Tasks above.
Meetings/Travel: -One(1)webinar with the client.
-One(1)webinar with levee sponsors from two levee systems.
-One(1)webinar with the TWDR Safe Dams Program office.
-One(1)conference call each with the two dam owners.
-Two(2)conference calls with USACE Memphis District.
Task Deliverables: -One(1)draft and one(1)final Civil Works TM.
Key Understandings
and Assumptions: -It is assumed that all client and agency coordination will be conducted via
telephone and other virtual technology platform(s).
-The levee systems to be reviewed as part of this task include the Ensley Levee
System (ELS)on the Mississippi River left bank, Memphis—Nonconnah Levee
System on the Nonconnah Creek right bank(which discharges,and the
Commerce MO—St. Francis River System (Commerce Levee)on the Mississippi
River right bank. Both levee systems were federally authorized and constructed.
The ELS is operated by a non-federal levee sponsor. The Commerce Levee is
operated by the USACE Memphis District. If additional levee systems become
included in these coordination efforts,an Amendment for Additional Services
may be required.
-The dams to be reviewed as part of this task include the following:
• King Riverside Park dam (National Inventory of Dams(NID) ID
TN 15793),owned by the Memphis Park Commission,constructed in
1965.
• Allen Fossil Plant—Ash Disposal Area Perimeter Dike(East)(NID ID
TN15801),owned by the TVA,constructed in 1967.
• The dam review will not include a review of the condition of the dam
system or components.The review will be limited to a qualitative review
of the potential for impacts given any hydraulic or geomorphological
impacts to the downstream outfall of each of the dam outlet works.
-The review of the as-built and design documentation for the levee systems will
focus on how design and as-built standards generally conform to USACE levee
requirements(i.e. Public Law 84-99(PL 84-99))and FEMA levee certification
requirements in accordance with the Title 44 of the Code of Federal Regulations
Section 65.10(44CFR65.10).No determination on compliance with either
program will be finalized in the project documentation.
-It is assumed that no preliminary or final design or Section 408 submittal will be
completed as part of this scope.
-The review of Section 408 submittal impacts associated with the Project
alternatives will be compared against the criteria referenced in USACE
Engineering Circular(EC) 1165-2-220 Policy and Procedural Guidance for
Processing Requests to Alter US Army Corps of Engineers Civil Works Projects
Pursuant to 33 USC 408,effective on September 10,2018.
-USACE approved Engineering and Construction Bulletin(ECB)Number 2019-
1 5 Interim Approach for Risk-Informed Designs for Dam and Levee Projects,
effective on October 8,2019. It is assumed that no risk evaluations will be
completed at this time. Verification with both the levee sponsors and the USACE
Memphis District will be completed to determine whether risk evaluations will
be a submittal requirement during final design.
-USACE approved EC 1165-2-218 USACE Levee Safety Program. At this time,
no formal impacts to Section 408 authorization procedures have been
documented.This assumption will be confirmed with the USACE Memphis
District.
-It is assumed that the TM will be delivered electronically.
Information and
Services Provided
by Others: -Client will provide timely,organized comments on task deliverables.
-Client will provide requested information within a timely manner upon request.
TASK 8—PHASE I WORKSHOP
Objective: This workshop will be conducted at the completion of the technical tasks
associated with the scope described below and report the findings of this effort to
facilitate a discussion of potential alternatives. It is anticipated that this
workshop would include the relevant project team members, Port of West
Memphis and the operators of the impacted port facilities. The objective of the
workshop will be to report the findings of the team with regard to existing
hydraulic and sedimentation conditions as well as the potential constraints
(regulatory,sediment influences and hydraulic influences)of alternatives to be
considered. This will be used to develop a better understanding of the conditions
and constraints. The workshop will then facilitate a discussion about the
potential range of options that could be used to remedy the current constraints
that would be evaluated in the second phase effort.
HDR Activities: River Stability Evaluation
• HDR will facilitate the workshop via teleconference
• The results of the Workshop will be summarized in a technical memorandum
along with a scope and budget estimate required to evaluate the alternatives
identified in the workshop.
Key Understandings
and Assumptions:
• Notice to proceed will occur on or before November 15,2021 in order to
facilitate data collection and field review.
Meetings/Travel: -One(1)WebEx or Zoom coordination meetings with the client and other
stakeholders to review findings.
eTrac Inc.
eTrac Technical Proposal
HDR-Mississippi River at Memphis
•
October 18, 2021
I. Survey Area
The survey area will be focused on an approximate 9 mile length of the Mississippi River in the vicinity of
Memphis,TN. Coverage will be as follows:
• Multibeam line spacing to acquire 200%multibeam coverage.
• Minimum depth will be 6-8ft at time of survey.
• Vessel Based Lidar(optional) will be run on 2 reciprocal shoreline passes per side for a total of 4
lines (40 linear miles)
The 9 mile stretch of river will be located within the boundary shown below in Figure 1:
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lI Figure 1:Survey Area-9 Mile Stretch of Mississippi River at Memphis,TN
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