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HomeMy WebLinkAboutContract 33315 CITY SECRETARY I� CONTRACT NO. THE STATE OF TEXAS THE COUNTY OF TARRANT BEAR CREEK WATERSHED INTERLOCAL AGREEMENT THIS INTERLOCAL Agreement ("Agreement") is entered into between the North Central Texas Council of Governments ("NCTCOG"), a political subdivision of the State of Texas acting by and through its Executive Board; and the city of Fort Worth , a local government duly incorporated or established under the Constitution and the laws of the State of Texas acting by and through its governing body; and other government entities consenting hereto, WITNESSETH: WHEREAS, Pursuant to the Interlocal Cooperation Act, Chapter 791, Texas Government Code, (the "Act"), cities, counties, special districts and other legally constituted political subdivisions of the State of Texas are authorized to enter into interlocal contracts and agreements with each other regarding governmental functions and services as set forth in the Act; and, WHEREAS, the parties to this Agreement recognize that the Bear Creek Watershed is a unique regional resource in the heart of a growing Metroplex; that local governments and other community organizations are responsible for the overall health, safety, and welfare of their citizens and thus must take the lead as stewards of the watershed; and that the actions of upstream and downstream communities within the watershed directly affect each other; and, WHEREAS, the parties to this Agreement support the pursuit of a COMMON VISION for the Trinity River, which includes objectives of flood damage reduction, transportation, greenway, waste management, conservation, development and other appropriate elements to achieve a safe, clean, enjoyable, natural, and diverse Trinity River. WHEREAS, the parties to this Agreement have been cooperating and intend to continue cooperating with each other, in pursuit of a Bear Creek Project Plan for the Bear Creek Watershed; and, WHEREAS, local government parties are participating members of the National Flood Insurance Program and recognize the importance of accurate floodplain mapping and other tools to assist in making sound development decisions; and, WHEREAS, the parties to this Agreement understand that entering into this Agreement in no way obligates any party to implement any portion of the project, and that separate agreements may be negotiated and executed; NOW, THEREFORE, for and in consideration of the premises and the mutual covenants herein contained, agree and bind them as follows: elf MU ARTICLE 1. — DEFINITIONS For purposes of this Agreement BEAR CREEK WATERSHED — means the area of Tarrant County and Dallas County in which all land drains to Bear Creek, upstream of the point where Bear Creek joins the Trinity River West Fork. The Watershed begins in northern Tarrant County in the southeastern portion of the City of Haslet and continues in a general southeast direction until reaching the Trinity River West Fork in western Dallas County in the City of Irving. The Watershed consists of two sub- watersheds, Big Bear Creek and Little Bear Creek, which join on the Dallas/Fort Worth International Airport property, forming Bear Creek. BEAR CREEK PROJECT PLAN — means the plan that will provide the framework to develop the hydrologic and hydraulic technical data for the Bear Creek Watershed. BEAR CREEK PROJECT COST SHARING — means the arrangement negotiated and executed by the North Central Texas Council of Governments, as Project Plan sponsor and acting on behalf of the participants, each sharing the cost of conducting the project as outlined in the detailed Bear Creek Project Plan. BEAR CREEK WATERSHED COMMITTEE — means the committee that provides technical and policy guidance to NCTCOG regarding the Bear Creek Watershed Project Plan, being comprised of one member and a designated alternate from each of the participating parties. TRINITY RIVER COMMON VISION — means the cooperative management and comprehensive approach taken to create intergovernmental partnerships by NCTCOG and other entities to address flood damage reduction, transportation, greenway, waste management, conservation, development and other appropriate elements to achieve a safe, clean, enjoyable, natural, and diverse Trinity River. ARTICLE 2. — PURPOSE OF AGREEMENT The purpose of this Agreement is to accomplish the following objective: Develop hydrologic and hydraulic technical data to delineate a Bear Creek urbanized 100-year floodplain through Tarrant and Dallas Counties, an effort that is consistent with the objectives of Trinity River COMMON VISION. The Bear Creek Project Plan designed to accomplish these purposes is attached to this Agreement as "Exhibit A." Provide an administrative structure through this Agreement for NCTCOG to execute the Bear Creek Project Plan in association with NCTCOG's consultant, to obtain cost-sharing funds from the participating parties to accomplish the Project Plan, and establish the mechanism to obtain necessary funding and in-kind services from other parties to this Agreement. The Bear Creek Project Cost Sharing is attached to this Agreement as "Exhibit B." ARTICLE 3. —ADMINISTRAIVE AND POLICY STRUCTURE The administrative and policy structure under this Agreement is as follows: A Bear Creek Watershed Committee will provide technical and policy guidance for the cooperative project and make recommendations to NCTCOG; each party that provides funding support to the project, except NCTCOG, will be entitled to appoint one member and a designated alternate to the Bear Creek Watershed Committee. NCTCOG will be the administrative agent under this Agreement, will contract the technical services outlined in Exhibit "A" to NCTCOG's consultant, and will coordinate the work program with the Bear Creek Watershed Committee. Unless modified by the Bear Creek Watershed Committee, each participating party will contribute it's share to NCTCOG for funding and allowable in-kind support as provided in Exhibits "A" and "B." The cost sharing arrangement is based on the percentage of land area within the Bear Creek Watershed and frontage along Big Bear Creek "main stem." Fifty percent of the cost share will be invoiced by NCTCOG upon execution of the Agreement and will be payable within thirty (30) days after receipt, while the remaining cost share will be invoiced upon submittal of the land use data to NCTCOG as outlined in Exhibit "A." This Agreement is recognized as a supplemental level of service, and is not intended to duplicate or diminish the products, assistance, representation, or services received by participating entities through NCTCOG membership. In accordance with the Interlocal Cooperation Act, the parties will make payment for services rendered under this Agreement from available current revenues. ARTICLE 4. — RENEWAL AND AMENDMENTS This Agreement will be effective for one year from the effective date of the Agreement, and will be considered automatically renewed for each succeeding year. A party may withdraw from this Agreement, through a vote of its governing body, provided it has notified the Executive Director of NCTCOG of such action in writing at least 60 days before its intended withdrawal date. Amendments may be made to this Agreement upon the approval of the governing bodies of all parties to this Agreement. ARTICLE 5. —SEPARABILITY CLAUSE If any provision in this Agreement of any application hereof shall be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions and the applications shall not in any way be affected or impaired thereby. ARTICLE 6. —GOVERNING LAW This Agreement shall be construed in accordance with and governed by the laws of the State of Texas. DEFICIT ROD FT. WORTH, TIX. ARTICLE 7. - INDEMNIFICATION It is agreed that no party to this Agreement shall be responsible for the acts of another party to this agreement, and each party participating herein indemnifies, releases and holds all other participating parties harmless for all acts of its own officers, officials, agents and employees acting hereunder, to the full extent permitted by law. ARTICLE 8. - MISCELLANEOUS It is expressly understood and agreed that in the execution of this Agreement, neither the parties to this Agreement nor NCTCOG waive, nor shall be deemed to waive, any immunity or defense that would otherwise be available to each against claims arising in the exercise of governmental powers and functions. The undersigned officers and/or agents are properly authorized to execute this contract on behalf of parties hereto, and each hereby certifies to the other that any necessary resolutions extending such authority have been duly passed and are now in full force and effect. By entering into this Interlocal Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not in signatories hereto. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be duly executed and their respective seals to be hereunto affi nd attested, as f the date and year n d be V'y (Signature) (Sig ture) Marc A. Otis EGcS-H A-n1 A- (Printed Name) Assistant City Manager (Printed Name) CV\eC�vfjye-, D10- ec�o (Title) (Title) 0-:TL' "� GeA -T� co C-4 (Local 6overnment Participant) North Central Texas Council of Governments Date: /o`Z- O A -A°Q' Date: ,tested By: Attachments: Exhibit A- Bear Creek Project Study Plan btarty Hendri Exhibit B - Project Study Cost Sharing Agreement City Secretary AFROVF� TO FORM AAD LEGALITY: _ i�ta:?U, 't•y ' tto?'i1C NO M&C REQUIRED . y ��, fix. Exhibit A: Bear Creek Project Plan Project Objective: NCTCOG will coordinate the development of technical data to delineate a Bear Creek urbanized 100-year floodplain through Tarrant and Dallas County. Halff Associates: $53,000 (Hydrology: $10,335 and Hydraulics/Mapping: $42,665) • The Bear Creek hydrologic and hydraulic (H&H) models being developed for FEMA for the Tarrant County FIS will be the baseline condition models utilized for Tarrant County. • Bear Creek H&H modeling for the Cities of Irving and Grand Prairie will be the baseline condition models utilized for the Dallas County portion of this study. • Hydrologic modeling will cover the entire Bear Creek watershed, including the drainage areas of Big Bear Creek and Little Bear Creek. • Hydraulic modeling and floodplain mapping will be for the Big Bear Creek"main stem" only • Hydrologic loss rates will be updated to represent future land use conditions. The routing and lag times in the existing Bear Creek hydrologic model will remain unchanged for future condition hydrology. • Peak discharges will be computed for the future 100-year frequency event only. • A future 100-year flood profile will be computed utilizing the existing HEC-RAS hydraulic model. Changes will not be made to the existing hydraulic parameters, cross section geometry, and floodway. • The future 100-year floodplain coverages will be mapped in Tarrant and Dallas Counties as the concluding step. NCTCOG: $37,000 (Hydrology: $18.500 and Hydraulics/Mapping: $18,500) • NCTCOG is the primary contractor and will provide overall coordination/management for the project including engaging consultant services. In fulfilling these obligations, NCTCOG will utilize the Bear Creek Watershed Committee for technical and policy guidance. • The future land use plan of each participating community will be complied by NCTCOG and used to develop an acceptable future (2050) land use dataset for the entire watershed. • NCTCOG will assist in the generation and/or presentation of GIS-based maps and graphics for use during meetings. NCTCOG will also provide GIS assistance with respect to the following data layers: digital orthophotography; digital topography; digital elevation models; vector files such as roads and political boundaries; hydrologic features such as streams and watershed boundaries; soils; Census data and demographic data. • NCTCOG will consider accepting specific land use products in the required digit formats from communities as part of their participation for up to 10% of the participant's cost share. Total Project Cost: $90,000 (Hydrology: $28,835 and Hydraulics/Mapping: $61,165) Project Schedule subject to revision by Bear Creek Watershed Committee Month Task 0 Complete Agreement locally and Initiate efforts 2 Compile land use data and hold Committee meeting 4 Committee meeting on progress 6 Committee meeting with consultant update 8 Committee meeting on progress 10 Meeting with sample output for review; FEMA Map integration discussion 12 Incorporate data coverages into flood layers �-,ZR&Jjj �R�� � Exhibit B: Bear Creek Project Cost Sharing Bear Creek Pro'ect Cost Breakdown Jurisdiction Hydrologic Cost Share Hydraulic/Mapping Cost Share Total Cost of Acres in Watershed %of frontage on"main stem"of Big Bear Creek Share Unincorporated Tarrant County 2.53% 2.97% $2,545 Bedford 2.38% 0.00% $685 Colleyville 13.84% 7.36% $8,494 Euless 6.55% 0.00% $1,888 Fort Worth 5.84% 13.27% $9,800 Grand Prairie 4.32% 10.40% $7,610 Grapevine 7.40% 12.71% $9,908 Haslet 0.15% 0.00% $44 Hurst 1.08% 0.00% $312 Irving 9.62% 12.55% $10,450 Keller 15.48% 21.71% $17,745 North Richland Hills 4.70% 0.00% $1,354 Southlake 9.77% 4.77% $5,734 DFW Airport 16.34% 14.25% $13,429 Total $28,835 $61,165 1 $90,000 w ` , U'2 . ��1 Ile j) T c - d o E Wr r t a - ME 40 .. a E a en m o e E u b �o - ,� w F N x y a C CC TS .0 b0 C7 i O C O �+ •� N a I N N v o N N v N o •v, O a+ m z d• d ••�, Op --___ _- --- �Q C •° �04 — W N N b ; O V C N W V < N N O Z m° _ e U £ o a a n 3 Z` c a _ y $ a• li E i''o E E °` O n m EJR E 3 or m Z _ ° W ° -'r3„"., r = E E E" Ox = o J. 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