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` *Cts LETTER OF AGREEMENT
�N BETWEEN THE DEPARTMENT OF THE ARMY
AND
CITY OF FORT WORTH
FOR
FLOODPLAIN MANAGEMENT SERVICES
Base Flood Elevations for selected Fort Worth Floodway Sumps
THIS LETTER OF AGREEMENT is entered into this day of
b Cw- , 2017, by and between the Department o the Army (hereinafter
called the "Gov rnment"), represented by the U.S. Army Engineer, Southwestern
Division, and the City of Fort Worth (hereinafter called the "Non-Federal Sponsor"),
represented by the Assistant City Manager, Jesus J. Chapa, collectively referred to as
the "Parties."
WITNESSETH, THAT:
WHEREAS, Section 206 of the Flood Control Act of 1960, 33 U.S.C. § 709a (as
amended) authorizes the Secretary of the Army, acting through the Chief of Engineers,
to compile and disseminate information on floods and flood damages and to provide
engineering advice in planning to ameliorate the flood hazard to Federal and non-
Federal interests, referred to as the "Flood Plain Management Services Program;" and
to collect from Federal agencies and private persons fees for the purpose of recovering
the cost of providing the requested services and to accept funds voluntarily contributed
by state, regional, or local governments for the purpose of expanding the scope of the
services requested by the entities; and
WHEREAS, the Government and the Non-Federal Sponsor have the full
authority and capability to perform as hereinafter set forth and intend to cooperate with
the terms of this Letter of Agreement ("LOA").
NOW, THEREFORE, the Parties agree to the following:
1. The Government, using funds contributed by the Non-Federal Sponsor, shall use its
best efforts to expeditiously complete the Base Flood Elevations for selected Fort Worth
Floodway Sumps ("Floodplain Services") in compliance with the Scope of Work
attached as Exhibit A, in conformity with applicable federal laws and regulations, and
mutually acceptable standards of engineering practice.
2. The total cost of the Floodplain Services estimated for this LOA is $100,000. As of
the effective date of this LOA, $0.00 of Federal funds is currently projected to be
available for the Floodplain Services. The total cost to the Non-Federal Sponsor is
limited to $100,000. The Non-Federal Sponsor shall voluntarily contribute in cash 100
percent of the estimated costs of the Floodplain Services; provided that the Government
shall not obligate any cash contribution by the Non-Federal Sponsor toward costs of the
Floodplain Services until such cash contribution has actually been made available to it
by the Non-Federal Sponsor.
OFFICIAL.RECORD
CITY SECRETARY
FT.WORTNj TX
3. Within thirty (30) days after the effective date of this LOA, the Non-Federal Sponsor
agrees to provide a cashier or certified check(s) or an Electronic Funds Transfer in
accordance with procedures established by the Government in the amount of $100,000.
Payments shall be made payable to FOA, USAED, Fort Worth District. No Floodplain
Services shall be commenced until payment in the full amount of$100,000 is received.
Payments by the Non-Federal Sponsor may be sent to "FAO, USAED, Fort Worth
District" to the US Army Corps of Engineers Finance Center, CEFC-AD-C-EROC M2,
5722 Integrity Drive, Millington, TN 38054-5005, or by providing an Electronic Funds
Transfer of such required funds in accordance with procedures established by the
Government.
4. No later than 120 days after the LOA is executed, and quarterly thereafter for as long
as this agreement remains in effect, the Government will provide the Non-Federal
Sponsor with an updated budget estimate of costs, including any proposed changes in
the level of staffing. The Government's budget estimate, which is included in the Scope
of Work attached as Exhibit A and incorporated herein by reference, will be revised
quarterly to reflect estimated costs by mutual agreement of the Parties without
necessitating a formal revision or amendment to this LOA; provided, the revisions do
not result in an increase in the total funding amount specified in paragraph 2.
5. If at any time the Government forecasts its actual costs for providing the agreed upon
level of service will exceed the amount of funds available, the Government will promptly
notify the Non-Federal Sponsor of the additional funds needed to complete the work
under this LOA. The Non-Federal Sponsor will either initiate an amendment to this LOA
to increase the funding amount, agree to a reduced level of service, or direct termination
of work under this LOA pursuant to paragraph 8.
6. The Government will carry over any unobligated funds from year to year, or will return
such unobligated funds if this LOA is terminated.
7. The Government and the Non-Federal sponsor shall keep books, records,
documents, and other evidence pertaining to costs and expenses incurred pursuant to
this LOA to the extent and in such detail as will properly reflect total costs for the
Floodplain Services. The Government and the Non-Federal Sponsor shall maintain
such items for a minimum of three years after completion of services and resolution of
any claims and shall make available at their offices at reasonable times such items for
inspection and audit by authorized representatives of the Parties to this LOA.
8. Upon thirty (30) days written notice, either Party may terminate or suspend
performance of future Floodplain Services without penalty. Upon such notice, the
Government will stop performance of the Floodplain Services under the LOA
immediately. If the Floodplain Services are terminated, the LOA shall terminate within
sixty (60) days after the completion of the final accounting as provided in paragraph 9.
9. Within ninety (90) days upon completion of the Floodplain Services in Exhibit A or
notice of early termination of this LOA pursuant to paragraph 8 above, whichever occurs
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first, the Government shall prepare a final accounting of the costs of the Floodplain
Services, which shall display: (1) funds provided by the Non-Federal Sponsor, and (2)
disbursements by the Government of those funds. Within thirty (30) days after the final
accounting, the Government shall return to the Non-Federal Sponsor any funds
advanced in excess of the actual costs as then known. Such an accounting shall in no
way limit the Non-Federal Sponsor's duty in accordance with Paragraph 13 to pay for
any costs, such as contract claims or other liability, which may become known after the
final accounting.
10. This LOA shall not affect any pre-existing or independent relationships or obligations
between the Non-Federal Sponsor and the Government. The provisions of this LOA
which require performance after the expiration or termination of this LOA shall remain in
force notwithstanding the expiration or termination of this LOA.
11. This LOA and all documents and actions pursuant to it shall be governed by the
applicable statutes, regulations, directives, and procedures of the United States. Unless
otherwise required by law, all contract work undertaken by the Government shall be
governed by applicable Federal regulations, policies, and procedures unless specified
otherwise. The authority of the Non-Federal Sponsor to enter into this LOA shall be
governed by applicable Texas law.
12. All claims and disputes by third party contractors arising under or relating to
contracts awarded by the Government shall be resolved in accordance with Federal law
and the terms of the individual contract. The Government shall have dispute resolution
authority for these claims; shall be responsible for handling all litigation involving
disputes and appeals; and for coordinating with the Department of Justice as
appropriate. The Government shall notify the Non-Federal Sponsor of any such litigation
and afford the Non-Federal Sponsor an opportunity to review and comment on the
litigation proceedings and any resulting settlement negotiations.
13. If liability of any kind is imposed on the United States relating to the Government's
provision of goods or services under this LOA, except for liability based upon the
Government's or its contractor's negligence or other fault, the Non-Federal Sponsor
shall remain responsible as the program component for providing such funds as are
necessary to discharge the liability,,and all related costs. Notwithstanding the above,
this LOA does not confer any liability upon the Non-Federal Sponsor for claims payable
by the Government under the Federal Tort Claims Act. Provided further that nothing in
this LOA is intended or will be construed to create any rights or remedies for any third
party and no third party is intended to be a beneficiary of this LOA.
14. Before any Party to this LOA may bring suit in any court concerning any issues
relating to this LOA, such Party must first seek in good faith to resolve the issue through
negotiation or other form of non-binding alternate dispute resolution mutually acceptable
to the Parties.
3
15. The Non-Federal Sponsor shall hold and save the Government free from all
damages arising from the activities of this LOA, except for damages due to the fault or
negligence of the Government or its contractors.
16. In the event that any of the provisions of this LOA are found to be invalid, illegal, or
unenforceable by a court of competent jurisdiction, the validity of the remaining
provisions shall not in anyway be affected or impaired, and the remaining provisions
shall continue in effect until the LOA is completed.
17. In the exercise of the Non-Federal Sponsor's rights and obligations under this LOA,
the Non-Federal Sponsor agrees to comply with all applicable Federal and State laws
and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Pub. L.
No. 88-352) and Department of Defense Directive 5500.11 issued pursuant thereto and
published in 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled
"Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or
Conducted by the Government."
18. The Floodplain Services, including any guides, pamphlets, supporting studies, and
reports, as well as non-Corps publications furnished by the U.S. Army Corps of
Engineers, Headquarters, shall be disseminated or made available to Federal, state,
area-wide, and local planning agencies, libraries, universities, clearing houses, and
others, as appropriate, and shall not be considered proprietary.
19. The Parties may modify this LOA by written amendment, signed by the Parties.
20. The project manager for the Government is Juli Ansay, who can be reached at (817)
886-1563. The project manager for the Non-Federal Sponsor is Clair Davis, who can be
reached at (817) 392-5981. The project manager for either party may be changed by
written notice to the other party without necessitating a formal revision or amendment to
this LOA. All notices, correspondence, or other documents required by this LOA shall be
delivered or mailed to the following addresses:
For the Government:
For the Non-Federal Sponsor:
4
IN WITNESS WHEREOF, the Parties have executed this LOA that shall become
effective upon the date it is signed by the Division Engineer.
BY C BY > �
ALVIN C. NUDSON II Jesus J. Chapa
Colonel, EN Assistant City Manager
Commanding City of Fort Worth
DATE: 16 Pb� /7 DATE:
by.
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'Lclyse'r, city
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OFFICIAL RECORD
CITY SECRETARY
FT.WORTH,TX
CERTIFICATE OF AUTHORITY
I, Douglas W. Black, do hereby certify that I am a Senior Assistant City Attorney
of the City of Fort Worth, that the City of Fort Worth is a legally constituted public body
with full authority and legal capability to perform the terms of the Agreement between
the Department of the Army and the City of Fort Worth in connection with the Base
Flood Elevations for selected Fort Worth Floodway Sumps, and to pay damages, if
necessary, in the event of the failure to perform in accordance with the terms of this
Agreement and that the persons who have executed this Agreement on behalf of the
City of Fort Worth have acted within their statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of_44AotA,
4?ak—�
Douglas W. Black
Senior Assistant City Attorney
City of Fort Worth
OFFICIAL RECORD
CITY SECRETARY
6 FT.WORTH,TX
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the
undersigned, 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 the awarding of any
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.
(2) 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, the undersigned shall complete and submit Standard Form-
LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included in
the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all
subrecipients shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by 31, U.S.C. 1352.
Any person who fails to file the required certification shall be subject to a civil penalty of
not less than $10,000 and not more than $100,000 for each such failure.
Jesus J. Chapa
Assistant City Manager
City of Fort Worth
DATE: ;2
OFFICIAL RECORD
CITY SECRETARY
FT. WART"v TX
EXHIBIT A
SCOPE OF WORK
BLUF: This analysis will benefit USACE, the Tarrant Regional Water District (local
sponsor), and the City of Fort Worth (jurisdictional entity) in maintaining a safe
environment for the Fort Worth Floodway. A better understanding of where
encroachments and development have occurred will be gained. Base Flood
Elevations will be determined so that encroachments in the sump areas will be
regulated as part of the Flood Insurance Program in the future.
Purpose
The purpose of this work is to develop new Base Flood Elevations (BFEs) for selected
sumps in the city of Fort Worth, TX. This information will be used to update floodplain
maps of the sumps and submit that information to the Federal Emergency
Management Agency (FEMA).
Background
The Fort Worth Floodway is a system of levees constructed by the US Army Corps of
Engineers Fort Worth District (FWD) in the early 1950's. As a part of this
construction, sumps were constructed for local interior drainage behind the levees.
Tarrant Regional Water District (TRWD) is the levee sponsor and operates and
maintains the levees and sumps. Along with the FWD, the TRWD performs
inspections and evaluates the levees for performance according to the latest USACE
criteria. The sumps to be studied as part of this work plan are all located within the
city of Fort Worth. The Dallas— Fort Worth metropolitan area has experienced rapid
growth and population is currently projected to double from 6.5 million to 13 million
by the year 2060. Encroachment of development is a significant problem in the
vicinity of the sumps and the current FEMA Flood Insurance Rate Maps do not have
Base Flood Elevations (BFEs), rather the sumps are mapped as Zone A
(approximate). These encroachments into the sump areas are a threat to safe
operation of the levee system. Information from this study will be used to determine
BFEs for the sumps.
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Proposed Analysis
Analysis will be performed for selected sumps in the City of Fort Worth. The sumps
are listed in priority order below.
➢ Crestwood (11W, 13W)
➢ Howards Branch (18C)
➢ Brookside Annex (10W, 12W)
➢ Greenway Addition (28, 29, 30)
➢ Waterworks Levee (19C, 20C, 21 C)
➢ Remaining Clear Fork sumps (17C, 22C, 23C, 24C)
➢ Remaining West Fork sumps (1W, 2W, 3W, 4W, 5W, 6W, 7W, 8W, 9W)
➢ Bailey Industrial (16W, 25C)
➢ Sump 26
➢ Sump 31
The City of Fort Worth will provide topographic mapping developed by the Texas
Water Development Board. This mapping is commonly referred to as TNRIS lidar
mapping and the mapping used for this study will be circa 2009 or later if available to
the City. The City of Fort Worth will also provide the engineering plans for the storm
drainage system in the various sumps. Operating plans for the sluice gates will be
obtained from TRWD if not readily available in the FWD files.
Hydrologic modeling for the sumps will be done using HEC-Hydrologic Modeling
System (HEC-HMS) and a full range of annual exceedance probabilities will be
analyzed including the 50%, 20%, 10%, 4%, 2%, 1%, and 0.2% annual chance
exceedance (ACE) which correspond to the 2, 5, 10, 25, 50, 100 and 500 year flood
events. Drainage areas will be delineated based on storm drain systems which
convey runoff directly to the sump areas and for drainage areas that produce
overflow into the sumps. Rainfall depths will be derived from Technical Paper 40 and
Hydro 35. Snyder's unit hydrograph methodology, with SWF regional adaptations
will be used.
In order to properly assess the capacity of the existing storm drain outfalls to the
river, coincident river tailwater elevations will be established. The establishment of
the appropriate riverine tailwater elevations relative in time to the periods of passage
of sump inflows through the sluice structures is important in understanding how the
tailwater elevation affects both the starting point at which stored flood waters can
begin to be at least partially drained as well as the effectiveness with which outflow
can be passed for a given differential head. The CDC/CWMS hydraulic model for the
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Clear Fork and West Fork of the Trinity River run as an unsteady model will be used.
Deliverables
The deliverables for this study will be:
• Geo-referenced hydrologic model with discharges developed for the 50%, 20%,
10%, 4%, 2%, 1% and 0.2% ACE events
• Geo-referenced floodplain delineations for the 1% and 0.2% ACE events
• Base Flood Elevations for the 1% ACE event
These deliverables will be used to update the FEMA Flood Insurance Rate Maps for
each of the sumps studied.
Study Costs
The cost to obtain and set up the TNRIS lidar data is a one-time cost and is estimated
at $1000. The cost per sump study is approximately $20,000. The following five
sump groups will be analyzed for a total cost $100,000:
➢ Crestwood (11 W, 13W)
➢ Howards Branch (18C)
➢ Brookside Annex (10W, 12W)
➢ Greenway Addition (28, 29, 30)
➢ Waterworks Levee (19C, 20C, 21 C)
If additional funds become available, additional sumps will be studied at a cost of
$20,000 per sump study as shown in the following priority order:
➢ Remaining Clear Fork sumps (17C, 22C, 23C, 24C)
➢ Remaining West Fork sumps (1W, 2W, 3W, 4W, 5W, 6W, 7W, 8W, 9W)
➢ Bailey Industrial (16W, 25C)
➢ Sump 26
➢ Sump 31
10
CERTIFICATION OF LEGAL REVIEW
The Letter of Agreement between the Department of the Army and the City of Fort Worth,
Texas for the Base Flood Elevations for selected Fort Worth Floodway Sumps for floodplain
management services has been reviewed by the Office of Counsel, USACE, Fort Worth District,
Fort Worth, Texas and is legally sufficient.
dbYTALBOT.KATHARI TALBOL.KATHARIN
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Date:2017.02.161354:54-06'00'
Assistant District Counsel
City of Fort Worth, Texas
Mayor and Council Communication
COUNCIL ACTION: Approved on 11/1/2016
DATE: Tuesday, November 1, 2016 REFERENCE NO.: **C-27981
LOG NAME: 20SW CORPS OF ENGINEERS SUMP FLOODPLAIN ANALYSIS
SUBJECT:
Authorize Letter of Agreement for the U.S. Army Corps of Engineers in the Amount of$100,000.00 to
Analyze Sump Floodplains (COUNCIL DISTRICTS 2, 3, 7, 8 and 9)
RECOMMENDATION:
It is recommended that the City Council authorize the Letter of Agreement with the U.S. Army Corps of
Engineers in the amount of$100,000.00 for developing detailed flood elevations in unstudied sump
floodplain locations across the City.
DISCUSSION:
The purpose of this Mayor and Council Communication (M&C) is to recommend authorization of the
professional services outlined in the Letter of Agreement with the U.S. Army Corps of Engineers (USACE),
and transfer of funds in the amount of$100,000.00 to USACE to perform the specified engineering
services.
The services to be provided are necessary to establish detailed base flood elevations for each of the sump
areas to facilitate development, provide accurate flood insurance premiums, and assist with flood risk
estimates. Unstudied sump floodplains along both the Clear Fork and West Fork Trinity Rivers will be
updated through this program. USACE prepared limited detail studies for the sump areas over 50 years
ago. Those studies lack the detail required for flood insurance purposes. USACE is authorized to assist
the City of Fort Worth through the Flood Control Act of 1960, and updating the existing studies is the most
efficient process for developing the improved flood risk zones.
M/WBE Office: A waiver of the goal for MBE/SBE subcontracting requirements was requested by the
Department and approved by the MWBE Office, in accordance with the M/WBE or BDE Ordinance,
because the purchase of goods or services from source(s) where subcontracting or supplier opportunities
are negligible.
The program serves COUNCIL DISTRICTS 2, 3, 7, 8 and 9.
This contract will be with a governmental entity, state agency or public institution of higher education: U.S.
Army Corps of Engineers.
FISCAL INFORMATION /CERTIFICATION:
The Director of Finance certifies that upon approval of the above recommendation, funds will be available
in the current capital budget, as appropriated of the Stormwater Capital Projects Fund (52002), for this
expenditure.
Logname: 20SW CORPS OF ENGINEERS SUMP FLOODPLAIN ANALYSIS Page 1 of 2
FUND IDENTIFIERS (FIDs):
TO
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
52002 020E431 5330500 XXXXXX 100087 2016 $100,000.00
FROM
Fund Department Account Project ProgramActivity Budget Reference # Amount
ID ID Year Chartfield 2
1 52002 020E431 533500 XXXXXX 100087 2016 $100,000.00
CERTIFICATIONS:
Submitted for City Manager's Office bV: Jay Chapa (5804)
Originating Department Head: Douglas Wiersig (7801)
Clair Davis (5981)
Additional Information Contact: Lisa Biggs (2446)
ATTACHMENTS
1. City of Fort Worth Final LOA Sumps 29Aug2016.pdf (Public)
2. Departmental Waiver for Business Diversity Ordinance - USACE SUMP STUDY LOA-SIGNED.pd
(CFW Internal)
3. FIDS- 20SW CORPS OF ENGINEERS.xlsx (CFW Internal)
4. Ft Worth Sumps OC certification signed.pdf (Public)
5. USACE Sump Study Workmap.pdf (Public)
Logname: 20SW CORPS OF ENGINEERS SUMP FLOODPLAIN ANALYSIS Page 2 of 2