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Item 4C Memo Item 4C Page 1 of 3 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. Item 4C Page 2 of 3 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. Item 4C Page 3 of 3 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 TRN4898 NCTCOG and City of Southlake Page 1 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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. TRN4898 NCTCOG and City of Southlake Page 2 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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. TRN4898 NCTCOG and City of Southlake Page 3 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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. TRN4898 NCTCOG and City of Southlake Page 4 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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. TRN4898 NCTCOG and City of Southlake Page 5 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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 TRN4898 NCTCOG and City of Southlake Page 6 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity APPENDIX A SCOPE OF SERVICES TRN4898 NCTCOG and City of Southlake Page 7 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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. TRN4898 NCTCOG and City of Southlake Page 8 2017-2018 Blue-Green-Grey Application for New Ideas Funding Opportunity 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.