Common use of Flooding Clause in Contracts

Flooding. TxDOT understands that transportation infrastructure is integrated into the overall drainage pattern of a project and its surrounding areas. A primary objective of the NHHIP is to construct a resilient highway system that functions during extreme weather events. In the event that the National Oceanic and Atmospheric Administration (NOAA) publishes a subsequent version to Atlas 14 for the integration of future climate projections, TxDOT will take actions that will use such updates to inform the final design should they be published prior to completion of design activities as stated below. Another key objective is to improve the status quo by reducing flooding in the project area. TxDOT has and will continue to work closely with the City of Houston and Harris County Flood Control District to develop partnerships that will leverage the roles and responsibilities, as well as the resources, of each entity to deliver beneficial drainage improvements throughout the overall drainage system, prioritizing areas that are most vulnerable to flooding. Prior to completing final design for each segment of the NHHIP, TxDOT will use Atlas 14 rainfall data to complete drainage studies. Such drainage studies will rely on the state of practice HEC-RAS 2D model approach. In the event NOAA publishes a subsequent version to Atlas 14 to account for variations in climate conditions, TxDOT will incorporate such updates into individual NHHIP projects that have not exceeded the 30% detailed design phase. Consistent with item (a) above, TxDOT will perform a detailed drainage study for Segment 1 prior to the final design for Segment 1 and submit it to FHWA with the first Progress Report due after finalization of the study under Article VI of this VRA. Before submittal to the Texas Transportation Commission for consideration, FHWA must review and approve any and all Final Requests for Proposal for Design-Build Contract, which include the specifications that would control the design parameters once the design-build contract is executed. For any portion of the NHHIP that is delivered by design-build method, TxDOT will require design-build contractors to abide by the same drainage design criteria that TxDOT will require for design-bid-build projects, in order to reduce the latitude of design-build contractors to deviate from drainage design parameters. As may be requested by Harris County Flood Control District (HCFCD) and mutually agreed upon by HCFCD and TxDOT, TxDOT will transfer maintenance responsibilities of certain drainage basins and channels to HCFCD within the State’s right-of-way. As may be requested by HCFCD and mutually agreed upon by HCFCD and TxDOT, TxDOT will enter into funding, design, and construction, operations, and maintenance agreements for HCFCD to build and maintain drainage basins that would have a broader regional drainage benefit and would supplement and not impair the planned NHHIP drainage improvement. Contingent upon TxDOT receiving the necessary FHWA approvals for the NHHIP and upon mutual agreement between TxDOT and the City of Houston , TxDOT will enter into an Advanced Funding Agreement with the City in which TxDOT will provide $20 million to the City for the design and construction of the north canal project. TxDOT will fund, design and construct its alternative for the south canal. Upon mutual agreement between TxDOT and the City, TxDOT would enter into the necessary agreements to permit the City to modify TxDOT’s alternative for the south canal. TxDOT will collaborate with HCFCD as the NHHIP drainage improvements are being designed so that TxDOT can accommodate future planned improvements to be implemented by HCFCD. TxDOT will collaborate with HCFCD to identify locations to evaluate the design and construction of bridges in a manner that would accommodate improvements to the drainage channel while taking upstream and downstream channel impacts into consideration. TxDOT will collaborate with HCFCD and other governmental entities for the planning, design, construction, operations and maintenance of trails on the upper banks of the bayous that are crossed by the NHHIP (see Exhibit A). TxDOT will design, fund and construct trails that are within the State’s right of way for the NHHIP and such trails would be operated and maintained by a third-party governmental entity and would not impair the primary drainage function of the bayous. TxDOT will collaborate with HCFCD to develop a process in which one party performs a peer review of the other party’s proposed drainage improvement projects in instances where one party’s drainage design interfaces and influences the other party’s drainage design.

Flooding. TxDOT understands that transportation infrastructure is integrated into the overall drainage pattern of a project and its surrounding areas. A primary objective of the NHHIP is to construct a resilient highway system that functions during extreme weather events. In the event that the National Oceanic and Atmospheric Administration (NOAA) publishes a subsequent version to Atlas 14 for the integration of future climate projections, TxDOT will take actions that will use such updates to inform the final design should they be published prior to completion of design activities as stated below. Another key objective is to improve the status quo by reducing flooding in the project area. TxDOT has and will continue to work closely with the City of Houston and Harris County Flood Control District to develop partnerships that will leverage the roles and responsibilities, as well as the resources, of each entity to deliver beneficial drainage improvements throughout the overall drainage system, prioritizing areas that are most vulnerable to flooding. . a) Prior to completing final design for each segment of the NHHIP, TxDOT will use Atlas 14 rainfall data to complete drainage studies. Such drainage studies will rely on the state of practice HEC-RAS 2D model approach. In the event NOAA publishes a subsequent version to Atlas 14 to account for variations in climate conditions, TxDOT will incorporate such updates into individual NHHIP projects that have not exceeded the 30% detailed design phase. . b) Consistent with item (a) above, TxDOT will perform a detailed drainage study for Segment 1 prior to the final design for Segment 1 and submit it to FHWA with the first Progress Report due after finalization of the study under Article VI of this VRA. . c) Before submittal to the Texas Transportation Commission for consideration, FHWA must review and approve any and all Final Requests for Proposal for Design-Build Contract, which include the specifications that would control the design parameters once the design-build contract is executed. . d) For any portion of the NHHIP that is delivered by design-build method, TxDOT will require design-build contractors to abide by the same drainage design criteria that TxDOT will require for design-bid-build projects, in order to reduce the latitude of design-build contractors to deviate from drainage design parameters. . e) As may be requested by Harris County Flood Control District (HCFCD) and mutually agreed upon by HCFCD and TxDOT, TxDOT will transfer maintenance responsibilities of certain drainage basins and channels to HCFCD within the State’s right-of-way. . f) As may be requested by HCFCD and mutually agreed upon by HCFCD and TxDOT, TxDOT will enter into funding, design, and construction, operations, and maintenance agreements for HCFCD to build and maintain drainage basins that would have a broader regional drainage benefit and would supplement and not impair the planned NHHIP drainage improvement. . g) Contingent upon TxDOT receiving the necessary FHWA approvals for the NHHIP and upon mutual agreement between TxDOT and the City of Houston , TxDOT will enter into an Advanced Funding Agreement with the City in which TxDOT will provide $20 million to the City for the design and construction of the north canal project. . h) TxDOT will fund, design and construct its alternative for the south canal. Upon mutual agreement between TxDOT and the City, TxDOT would enter into the necessary agreements to permit the City to modify TxDOT’s alternative for the south canal. . i) TxDOT will collaborate with HCFCD as the NHHIP drainage improvements are being designed so that TxDOT can accommodate future planned improvements to be implemented by HCFCD. . j) TxDOT will collaborate with HCFCD to identify locations to evaluate the design and construction of bridges in a manner that would accommodate improvements to the drainage channel while taking upstream and downstream channel impacts into consideration. . k) TxDOT will collaborate with HCFCD and other governmental entities for the planning, design, construction, operations and maintenance of trails on the upper banks of the bayous that are crossed by the NHHIP (see Exhibit A). TxDOT will design, fund and construct trails that are within the State’s right of way for the NHHIP and such trails would be operated and maintained by a third-party governmental entity and would not impair the primary drainage function of the bayous. . l) TxDOT will collaborate with HCFCD to develop a process in which one party performs a peer review of the other party’s proposed drainage improvement projects in instances where one party’s drainage design interfaces and influences the other party’s drainage design.design.‌

Flooding. TxDOT understands that transportation infrastructure is integrated into the overall drainage pattern of a project and its surrounding areas. A primary objective of the NHHIP is to construct a resilient highway system that functions during extreme weather events. In the event that the National Oceanic and Atmospheric Administration (NOAA) publishes a subsequent version to Atlas 14 for the integration of future climate projections, TxDOT will take actions that will use such updates to inform the final design should they be published prior to completion of design activities as stated below. Another key objective is to improve the status quo by reducing flooding in the project area. TxDOT has and will continue to work closely with the City of Houston and Harris ▇▇▇▇▇▇ County Flood Control District to develop partnerships that will leverage the roles and responsibilities, as well as the resources, of each entity to deliver beneficial drainage improvements throughout the overall drainage system, prioritizing areas that are most vulnerable to flooding. . a) Prior to completing final design for each segment of the NHHIP, TxDOT will use Atlas 14 rainfall data to complete drainage studies. Such drainage studies will rely on the state of practice HEC-RAS 2D model approach. In the event NOAA publishes a subsequent version to Atlas 14 to account for variations in climate conditions, TxDOT will incorporate such updates into individual NHHIP projects that have not exceeded the 30% detailed design phase. . b) Consistent with item (a) above, TxDOT will perform a detailed drainage study for Segment 1 prior to the final design for Segment 1 and submit it to FHWA with the first Progress Report due after finalization of the study under Article VI of this VRA. . c) Before submittal to the Texas Transportation Commission for consideration, FHWA must review and approve any and all Final Requests for Proposal for Design-Build Contract, which include the specifications that would control the design parameters once the design-build contract is executed. . d) For any portion of the NHHIP that is delivered by design-build method, TxDOT will require design-build contractors to abide by the same drainage design criteria that TxDOT will require for design-bid-build projects, in order to reduce the latitude of design-build contractors to deviate from drainage design parameters. . e) As may be requested by Harris ▇▇▇▇▇▇ County Flood Control District (HCFCD) and mutually agreed upon by HCFCD and TxDOT, TxDOT will transfer maintenance responsibilities of certain drainage basins and channels to HCFCD within the State’s right-of-way. . f) As may be requested by HCFCD and mutually agreed upon by HCFCD and TxDOT, TxDOT will enter into funding, design, and construction, operations, and maintenance agreements for HCFCD to build and maintain drainage basins that would have a broader regional drainage benefit and would supplement and not impair the planned NHHIP drainage improvement. . g) Contingent upon TxDOT receiving the necessary FHWA approvals for the NHHIP and upon mutual agreement between TxDOT and the City of Houston , TxDOT will enter into an Advanced Funding Agreement with the City in which TxDOT will provide $20 million to the City for the design and construction of the north canal project. . h) TxDOT will fund, design and construct its alternative for the south canal. Upon mutual agreement between TxDOT and the City, TxDOT would enter into the necessary agreements to permit the City to modify TxDOT’s alternative for the south canal. . i) TxDOT will collaborate with HCFCD as the NHHIP drainage improvements are being designed so that TxDOT can accommodate future planned improvements to be implemented by HCFCD. . j) TxDOT will collaborate with HCFCD to identify locations to evaluate the design and construction of bridges in a manner that would accommodate improvements to the drainage channel while taking upstream and downstream channel impacts into consideration. . k) TxDOT will collaborate with HCFCD and other governmental entities for the planning, design, construction, operations and maintenance of trails on the upper banks of the bayous that are crossed by the NHHIP (see Exhibit A). TxDOT will design, fund and construct trails that are within the State’s right of way for the NHHIP and such trails would be operated and maintained by a third-party governmental entity and would not impair the primary drainage function of the bayous. . l) TxDOT will collaborate with HCFCD to develop a process in which one party performs a peer review of the other party’s proposed drainage improvement projects in instances where one party’s drainage design interfaces and influences the other party’s drainage design.