Item 4C Memo Item 4C
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M E M O R A N D U M
(September 4, 2018)
To: Shana Yelverton, City Manager
From: Rob Cohen, Director of Public Works
Subject: Approve an Interlocal Agreement (ILA) with the North Central
Texas Council of Governments (NCTCOG) for a Blue-Green-
Grey Grant Award in the amount of $50,000
Action
Requested: Approve an Interlocal Agreement (ILA) with the North Central
Texas Council of Governments (NCTCOG) for a Blue-Green-Grey
Grant Award in the amount of $50,000.
Background
Information: On October 4, 2017, the North Central Texas Council of
Governments (NCTCOG) issued a Request for Proposals (RFP) for
the first ever Blue-Green-Grey funding opportunity with a maximum
award of $50,000. The purpose of the program is to achieve
innovative outcomes focused on three specific elements.
Blue-Green-Grey projects are planned from the beginning to
integrate features that protect water quality and water supplies
(“Blue”), incorporate the use of native plants and natural areas
(“Green”) into road-building and other infrastructure (“Grey”). Blue-
Green-Grey projects are designed to protect water resources,
conserve as much as possible of existing natural elements, and
provide quality of life features while building roads and other
infrastructure.
On November 3, 2017, the Public Works Department submitted a
grant application to the NCTCOG for the Burney Lane Biofiltration
Project. The Burney Lane Biofiltration Project is an endeavor
undertaken by a team of five City employees across different
divisions to address stormwater pollution and road infrastructure
within the project area. The Southlake project team consists of
Deputy Director Cristina McMurray, Deputy City Engineer Steve
Anderson, Streets & Drainage Supervisor Joe Walsh, Streets &
Drainage Crew Leader Tarl Plank, and Environmental Coordinator
Ashley Carlisle.
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Trash, fertilizer and pet waste originates from a drainage flume on
Powder River Trail that then travels along Burney Lane to a nearby
body of water. The project aims to reduce environmental pollution
by constructing a modular bioretention/biofiltration system to filter
the stormwater from the drainage flume and thus improve the
quality of the surface water from the outfall, and ultimately prevent
contaminants from entering Grapevine Lake. The Grey element
involves repaving Burney Lane to improve mobility..
On February 8, 2018, the NCTCOG selected Southlake as 1 of 3
award winners out of a total of 53 project proposals. Southlake’s
award in the amount of $50,000 is the highest of the three
recipients.
Over the summer, the team has developed the design for the
biofiltration system, and began collecting and analyzing stormwater
samples for baseline data. The NCTCOG provided the final ILA to
Southlake for City Council approval in July 2018.
Financial
Considerations: The estimated cost for the overall project is $141,700. The
biofiltration system will be funded from the Stormwater Operating
Budget, and the repaving of Burney Lane will be funded with
budgeted Capital Improvement Program (CIP) PMA funds.
The NCTCOG will reimburse the City in the amount of $50,000
upon completion of the project which represents a savings of 35%
of the overall project cost to the City.
Task Cost
Mill and overlay 3,300 linear feet of Burney
Lane
$108,000
Install BioMod System and Filtration Media $30,000
Install 100 feet of storm drainage pipe $3,700
Total Estimated Project Cost $141,700
Strategic Link: This item links to the City’s strategy map relative to the strategic
focus areas of Infrastructure and Partnerships & Volunteerism. The
specific corporate objectives that are met by this item include: (B2)
Collaborate with select partners to implement service solutions and
(F2) Invest to provide & maintain high quality public assets.
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Citizen Input/
Board Review: N/A
Legal Review: None
Alternatives: The City Council may approve or deny this request.
Supporting
Documents: Attachment A: Interlocal Cooperation Agreement with the NCTCOG
Staff
Recommendation: Approve an Interlocal Agreement (ILA) with the North Central
Texas Council of Governments (NCTCOG) for a Blue-Green-Grey
Grant Award in the amount of $50,000.
Staff Contact: Rob Cohen, Director of Public Works
Cristina McMurray, M.P.A, C.P.M, Deputy Director of Public Works
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INTERLOCAL COOPERATION AGREEMENT
Between
THE NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
and
THE CITY OF SOUTHLAKE
for
THE BLUE-GREEN-GREY PROJECTS
WHEREAS, the North Central Texas Council of Governments (NCTCOG) has been designated as
the Metropolitan Planning Organization for the Dallas-Fort Worth Metropolitan Area by the Governor
of Texas in accordance with federal law; and,
WHEREAS, the Regional Transportation Council (RTC), comprised primarily of local elected officials,
is the regional transportation policy body associated with NCTCOG and has been and continues to
be a forum for cooperative decisions on transportation; and,
WHEREAS, it is the goal of the RTC to encourage and provide opportunities to develop innovative
projects and outcomes in the Dallas-Fort Worth Metropolitan Area; and,
WHEREAS, on February 8, 2018, the RTC awarded funding to the City of Southlake under the 2017-
2018 Blue-Green-Grey Application for New Ideas Funding Opportunity; and
WHEREAS, on February 22, 2018, the North Central Texas Council of Governments’ Executive
Board in its capacity as the RTC’s fiduciary agent, authorized NCTCOG to enter into agreements with
local governments for funds awarded by the RTC under the 2017-2018 Blue-Green-Grey Application
for New Ideas Funding Opportunity; and
WHEREAS, the Interlocal Cooperation Act, Chapter 791 of the Texas Government Code provides
authority for the North Central Texas Council of Governments and local governments to enter into this
agreement for the provision of governmental functions and services of mutual interest.
NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained
herein, the parties agree as follows:
ARTICLE 1. PARTIES
1.1 Parties. This Agreement, hereinafter referred to as the “Agreement”, is made and
entered into by and between the North Central Texas Council of Governments,
hereinafter referred to as “NCTCOG”, and City of Southlake, hereinafter referred to as
“LOCAL GOVERNMENT”. The NCTCOG and LOCAL GOVERNMENT may each be
referred to as a “Party”, and may be collectively referred to as “Parties” to this
Agreement.
ARTICLE 2. FUNDING
2.1. Award Amount. The NCTCOG will reimburse the LOCAL GOVERNMENT’s eligible
costs for activities outlined in the Scope of Work (SCOPE) under the conditions in this
Agreement not to exceed the maximum Award Amount of fifty thousand dollars
($50,000). LOCAL GOVERNMENT shall be responsible for any costs in excess of the
maximum Award Amount.
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ARTICLE 3. SCOPE OF WORK
3.1 Scope. The LOCAL GOVERNMENT shall perform the agreed upon SCOPE outlined
in Appendix A of this Agreement.
3.2 Scope of Work Changes. Changes to the SCOPE must be agreed to by both Parties
in writing.
ARTICLE 4. PAYMENTS
4.1 Reimbursement. Reimbursement shall be made only upon completion of established
milestones and deliverables, as outlined in Appendix A. Requests for Reimbursement
should be submitted in LOCAL GOVERNMENT letterhead and should be
accompanied by documentation of completed milestone or deliverable, applicable
receipts, and proof of payment. Any reimbursement under this Agreement shall be
payable only after eligible costs and deliverables are approved by NCTCOG.
NCTCOG will approve payments as soon as practicable, but not later than forty-five
(45) days after a complete Request for Reimbursement has been received, provided
that complete and accurate supporting documentation has been submitted to
NCTCOG. NCTCOG may deem a Request for Reimbursement incomplete if the data
and/or documentation are incomplete or improper, or if the LOCAL GOVERNMENT
fails to submit necessary reports or provide other information requested by the
NCTCOG under the terms of this Agreement. The NCTCOG may reject requests for
reimbursements which fail to demonstrate that costs are eligible for reimbursement
and/or which fail to conform to the requirements of this Agreement.
Costs incurred prior to execution of this Agreement are not be eligible for
reimbursement, unless authorized in a Notice to Proceed.
4.2 Reimbursement Requests. All reimbursement requests prepared by the LOCAL
GOVERNMENT shall be submitted no later than May 31, 2019 to NCTCOG at the e-
mail address below:
North Central Texas Council of Governments
Email: TRgrants@nctcog.org
ARTICLE 5. PROCUREMENT, DESIGN STANDARDS AND CERTIFICATIONS
5.1 Design Guidelines. LOCAL GOVERNMENT agrees to design, build, and maintain the
Project in compliance with standards and procedures established by SPONSOR’S
governing body.
5.2 Inspections. SPONSOR agrees to perform field inspections at appropriate intervals to
be determined by SPONSOR to ensure project compliance with the standards and
procedures established by SPONSOR’S governing body. Copies of such reports shall
be provided to NCTCOG upon request.
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5.3 Certification. As part of any reimbursement request, SPONSOR shall certify to
NCTCOG/RTC that the project meets the standards and procedures established by
SPONSOR’S governing body.
5.4 The SPONSOR shall ensure that all required documents of the INFRASTRUCTURE
PROJECT, including but not limited to insurance certificates, performance or payment
bonds, and required licenses and permits of a SPONSOR or the SPONSOR’S
subcontractors be kept on file, current, and available to the NCTCOG upon request.
Additionally, any relevant performance documents pertaining to the
INFRASTRUCTURE PROJECT, such as correspondence, evaluations, reports
submitted by the subcontractor and/or the SPONSOR’S contract administration team,
payment requests, and copies of invoices shall be provided to the NCTCOG upon
request.
6. TERM, MODIFICATION, AND SEVERABILITY
6.1 Term. This Agreement shall take effect on the date executed by the Parties and shall
remain in effect until it is terminated. LOCAL GOVERNMENT is authorized to proceed
once this Agreement is fully executed.
6.2 Termination. Either Party may terminate this Agreement by giving 30 days written
notice to the other Party. The Parties may terminate this Agreement at any time by
mutual written concurrence. This Agreement shall automatically terminate upon
completion of the project.
6.3 Changed Circumstances. If future federal, State, or local statute, ordinance,
regulation, rule, or action render this Agreement, in whole or in part, illegal, invalid,
unenforceable, or impractical, the parties agree to delete and/or to modify such
portions of the Agreement as are necessary to render it valid, enforceable, and/or
practical. Each section, paragraph, or provision of this Agreement shall be considered
severable, and if, for any reason, any section, paragraph, or provision herein is
determined to be invalid under current or future law, regulation, or rule, such invalidity
shall not impair the operation of or otherwise affect the valid portions of this instrument.
6.4 Severability. In the event any one or more of the provisions contained in this
Agreement shall be for any reason held to be invalid, illegal, or unenforceable in any
respect, such invalidity, illegality, or unenforceability shall not affect any other
provision(s) hereof, and this Agreement shall be revised so as to cure such invalid,
illegal, or unenforceable provision(s) to carry out as near as possible the original intent
of the Parties.
6.5 Assignment. Without the prior written consent of the NCTCOG, the LOCAL
GOVERNMENT may not transfer or assign any rights or duties under or any interest in
this Agreement.
6.6 Amendments. Amendments to this Agreement must be signed by each Party.
ARTICLE 7. MISCELLANEOUS PROVISIONS
7.1 Captions. The captions, headings, and arrangements used in this Agreement are for
convenience only and shall not in any way affect, limit, amplify, or modify its terms and
provisions.
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7.2 Disputes and Remedies. The LOCAL GOVERNMENT and the NCTCOG shall
negotiate in good faith toward resolving any disputes that arise under this Agreement.
This agreement does not limit any remedy or right under law available to a Party to
enforce the terms herein.
7.3 Notice. All notices regarding this Agreement shall be in writing and shall be delivered
to the persons identified below:
NCTCOG
Mailing Address:
Michael Morris, P.E.,
Transportation Director
North Central Texas Council of Governments
P.O. Box 5888
Arlington, Texas 76011
NCTCOG Project Manager
Nathan Drozd
Senior Transportation Planner
North Central Texas Council of Governments
Arlington, Texas 76005-5888
LOCAL GOVERNMENT
Mailing Address: Physical Address:
1950 E. Continental Blvd. 1950 E. Continental Blvd.
Southlake, Texas 76092 Southlake, Texas 76092
7.4 Indemnification. NCTCOG and the LOCAL GOVERNMENT agree that neither party
is an agent, servant, or employee of the other party and agrees it is solely responsible
for its individual acts and deeds as well as the deeds of its contractors, employees,
representatives and agents.
7.5 Force Majeure. It is expressly understood and agreed by the parties to this
Agreement that, if the performance of any provision of this Agreement is delayed by
force majeure, defined as reason of war, civil commotion, act of God, governmental
restriction, regulation or interference, fire, explosion, hurricane, flood, failure of
transportation, court injunction, or any circumstances which are reasonably beyond the
control of the party obligated or permitted under the terms of this Agreement to do or
perform the same, regardless of whether any such circumstance is similar to any of
those enumerated herein, the party so obligated or permitted shall be excused from
doing or performing the same during such period of delay, so that the period of time
applicable to such requirement shall be extended for a period of time equal to the
period of time such party was delayed. Each party must inform the other in writing
within reasonable time of the existence of such force majeure.
7.6 Audits. NCTCOG reserves the right to conduct financial and program monitoring of all
awards to the LOCAL GOVERNMENT and to perform an audit of all records related to
this Agreement. An audit by NCTCOG may encompass an examination of all financial
transactions, all accounts and reports, as well as an evaluation of compliance with the
terms and conditions of this Agreement.
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7.7 Contractual Relationship. It is understood and agreed that the relationship
described in this Agreement between the parties is contractual in nature and is not to
be construed to create a partnership of joint venture or agency relationship between
the parties. Nor shall nay party be liable for any debts incurred by the other party in the
conduct of such other party’s business or functions.
APPENDICES
The following appendices are attached and made part of this Agreement.
Appendix A: Scope of Work
IN WITNESS WHEREOF, the Parties have executed this Agreement. This Agreement becomes
effective on the day the last Party signs.
NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS
Mike Eastland
Executive Director
Date
CITY OF SOUTHLAKE
Acceptance:
Laura Hill
Mayor
Date
Attested by:
__________________________________ ________________________________
Carol Ann Borges, TRMC Date
City Secretary
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APPENDIX A
SCOPE OF SERVICES
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Scope of Services
Task 1: Project Management
The City of Southlake will submit three deliverable-based invoices and progress reports to NCTCOG
in the required format. Progress reports should include work accomplished for each invoice. The
tasks will be:
• Purchase of the Oldcastle Precast BioPod Filtration System (with Limited Notice to Proceed)
• Installation of the BioPod FiltrationSystem and mill and overlay of Burney Lane
• Water quality sampling, project completion, and final report
Electronic Deliverables:
Invoices for selected deliverables and a one-page progress report.
Task 2: Purchase of the BioPod Filtration System
The City of Southlake will purchase the Oldcastle Precast BioPod Filtration System with a Limited
Notice to Proceed from NCTCOG to begin fabrication. The purchase will be specific to the Burney
Lane flume.
Electronic Deliverables:
Invoice for the expedited purchase of the BioPod system for fabrication.
Task 3: Installation of BioPod System and Mill and Overlay of Burney Lane
The City of Southlake will complete the installation and construction for the project in the following
sections:
A. Mill and Overlay of Burney Lane
The City of Southlake shall complete the rehabilitation and overlay of Burney Lane. This portion will
follow all of the City of Southlake’s roadway design criteria and procurement of contractor. The final
product shall improve and repair the existing roadway infrastructure to accommodate the projected
traffic flow.
B. Installation of BioPod System
The City of Southlake will install the BioPod system as part of the Burney Lane rehabilitation project.
The BioPod system will be installed to manufacturer specifications for the stormwater flume
associated with the Burney Lane roadway project and will serve as a functional bio-filtration system.
Electronic Deliverables:
A brief progress report detailing the work completed. The report should include site pictures during
construction and after completion of the project.
Task 4: Water Quality Sampling and Project Completion
The City of Southlake will complete a final project closeout with report and water quality sampling
reports.
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A. Water Quality Sampling (Optional)
Optional water quality sampling will be conducted to assess the performance of the BioPod
system. These tests are optional and dependent on available funds from the total project cost.
Testing will be completed before and after the BioPod system has been installed contingent upon
available resources.
The water quality sampling shall include standard testing for contaminants such as: fecal coliform,
biochemical oxygen demand (BOD), ammonia-nitrogen, total suspended solids (TSS),
organchlorine pesticides, and polychlorinated biphenyls (PCBs).
B. Project Completion
The City of Southlake will complete a final report. This report will cover the project and its relation
to the NCTCOG Blue-Green-Grey Grant initiative:
• Summary of the project and work
• Results of the project (include optional water quality sampling data)
• Lessons learned
• Application to future projects
Electronic Deliverables:
A final invoice and a report detailing the completion of the project.