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HomeMy WebLinkAbout1997 S Planning - Corps of Engineers Drainage Basin Study - Funding Agreement with Town of Chapel Hill —FOR THE PERMANENT AGENDA FILE NORTH CAROLINA AGREEMENT TO UNDERTAKE A U.S. ARMY CORPS OF ENGINEERS PLANNING ASSISTANCE TO STATES PROGRAM JOINTLY WITH THE ORANGE COUNTY TOWN OF CHAPEL HILL,N. C. THIS AGREEMENT is entered into this day of , 1997, by and between the Town of Chapel Hill and the Orange Co nty. Whereas, the Town of Chapel Hill has entered into an agreement with the U. S. Army Corps of Engineers, Wilmington District for a Stormwater management plan of the Morgan Creek and Little Creek watersheds, whereby the Town of Chapel Hill has agreed to "Sponsor"this Planning Assistance to States Program, portions of which lie within Orange County. NOW, THEREFORE, the parties hereby agree as follows: 1. THE PURPOSE OF THE AGREEMENT The Purpose of this agreement is to establish a contractual basis upon which the Town of Chapel Hill will provide services relating to "Sponsoring" a stormwater management plan study by the U.S. Army Corps of Engineers within Orange County. 2. TERM This agreement shall commence at the time when the Town Of Chapel Hill executes an agreement with the U. S. Army Corps of Engineers to "Sponsor" a Stormwater Management Plan and shall terminate at completion of the Plan. 3. SPONSORSHIP OF THE STORMWATER MANAGEMENT PLAN The Town of Chapel Hill agrees to provide"sponsorship" of a Stormwater Management Plan for the portions of the Morgan and Little Creek Drainage Basins in Orange Co. The Drainage Plan shall be conducted by the U.S. Army Corps of Engineers under the "Planning Assistance To States Program" known as Section 22 of the Water Resources Act of 1974. Attached and incorporated by reference is the"PLANNING ASSISTANCE TO STATES PROGRAM, LETTER AGREEMENT BETWEEN CHAPEL HILL, NORTH CAROLINA AND U. S. ARMY CORPS OF ENGINEERS, WILMINGTON DISTRICT FOR STORMWATER MANAGE PLAN" which contains the scope of work to be sponsored by the Town of Chapel Hill. 4. PAYMENT Orange County shall pay to the Town of Chapel Hill $12,500.00 to be provided in two (2) installments of$6,250.00 each. The first installment is due at the time that the Town of Chapel Hill signs the Letter Agreement with the U.S. Army Corps of Engineers. The second installment is due at the completion of phase I of the study and prior to beginning of phase II. Payment may be made by check(s)payable to F &AO,USAED Wilmington and delivered to Chapel Hill. Within thirty days after the Town Of Chapel Hill receives final accounting for this project from the Corps of Engineers, the Town of Chapel Hill shall reimburse Orange County for non-Federal cash contributions that exceed the Orange Counties required share of the total Study cost. 5. ACCESS TO DATA Orange County shall be provided all data and information collected by the U. S. Army Corps of Engineers which is in the possession of the Town of Chapel Hill. 6. AMENDMENTS AND MODIFICATIONS It is understood that by mutual agreement this contract may be modified at any time, but such modification shall not be valid unless in writing and signed by both parties. In witness whereof the parties hereto have duly authorized and caused this agreement to be executed as their official act. OWN C EL LL O GE COUNTY Town Manager � ��EZ ° ounty M ager • `C � C s n Clerk— f oun CleJF Town Attorney �� CAR��'� o t me This instrument has been pre-audited in the manner required by the Local Budget and Fiscal Control Act Finance Officer Finance Officer PLANNING ASSISTANCE TO STATES PROGRAM LETTER AGREEMENT BETWEEN CHAPEL HILL, NORTH CAROLINA AND U. S . ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT FOR STORMWATER MANAGEMENT PLAN 1 PLANNING ASSISTANCE TO STATES PROGRAM LETTER AGREEMENT BETWEEN CHAPEL HILL, NORTH CAROLINA AND U.S. ARMY CORPS OF ENGINEERS WILMINGTON DISTRICT FOR STORMWATER MANAGEMENT PLAN THIS AGREEMENT, entered into this %30)X- day of 1997, by and between the United States of America (hereinafter called the "Government) , represented by the District Engineer executing this Agreement, and Chapel Hill, North Carolina, (hereinafter called the "Sponsor") . WITNESSETH, THAT WHEREAS, Section 22 of the Water Resources Development Act of 1974 (Public Law 93- 251) , as amended, authorizes the Secretary of the Army, acting through the Chief of Engineers, to assist the states in the preparation of comprehensive plans for the development, utilization, and conservation of water and related land resources; and WHEREAS, Section 319 of the Water Resources Development Act of 1990 (Public Law 101- 640) authorizes the Secretary of the Army to collect from non-Federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program established by Section 22; and WHEREAS, the State's Section 22 Coordinator has reviewed the State's comprehensive water plans and identified the need for planning assistance as described in the Scope of Studies (Appendix A) incorporated into this Agreement; and WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the Study cost-sharing and financing in accordance with the terms of this Agreement; NOW THEREFORE, the Parties agree to the following: 1. The Government, subject to the availability of funds, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete the Study, currently estimated to be completed in two phases of 12 months each from the date of this Agreement, substantially in compliance with the Scope of Studies attached as Appendix A and in conformity with applicable Federal laws and regulations. 2. Subject to the availability of funds, the Government and the Sponsor shall each contribute, in cash, fifty (50) percent of the total Study cost, which is currently estimated to be $200,000, to be provided in two installments of $50,000 each for Phases I and II, respectively, as specified in the cost estimate attached as Appendix A, provided that the Government shall not obligate any cash contribution by the Sponsor toward Study costs until such cash contribution has actually been made available to it by the Sponsor. At the time of signing this letter Agreement, the sponsor agrees to provide checks totaling $50, 000 for Phase I, which shall be made payable to F & AO, USAED Wilmington. Upon completion of Phase I and prior to beginning Phase II, the sponsor agrees to provide the balance of $50, 000, to be made payable in the same manner as indicated above. 2 3 . No Federal grant funds may be used to meet the local Sponsor's share of Study costs under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency. 4. Before any Party to this Agreement may bring suit in any court concerning any issues relating to this Agreement, such Party must first seek .in good faith to resolve the issue through negotiation or other form of nonbinding alternative dispute resolution mutually acceptable to the Parties. 5. This Agreement shall terminate at the completion of the Study; provided that, prior to such time and upon thirty (30) days written notice, either party may terminate or suspend this Agreement without penalty. 6. Within ninety (90) days, upon termination or suspension of this Agreement, the Government shall prepare a final accounting of the Study costs, which shall display (1) cash contributions by the Federal Government, (2) cash contributions by the Sponsor, and (3) disbursements by the Government of all funds. Within thirty (30) days after the final accounting, the Government shall, subject to the availability of funds, reimburse the Sponsor for non-Federal cash contributions that exceed the Sponsor's required share of the total Study costs. If there are excess funds remaining after completion of Phase I, the Sponsor may request that excess funds be carried over to Phase II. Within thirty (30) days after the final accounting, the Sponsor shall provide the Government any cash contributions required to meet the Sponsor's required share of the total Study costs. 7. In the event it appears that the total costs of the work subject to the Letter Agreement will exceed $200, 000, the Government will notify the Sponsor in writing. If additional Government and Sponsor funds cannot be obtained, the study will be terminated. 8. The Government and the Sponsor act in an independent capacity in the performance of their respective functions under this Agreement, and neither is to be considered.the officer, agent, or employee of the other. 9. ' In the event that any (one or more) of the provisions of this Agreement is found to be invalid, illegal, or unenforceable, by a court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the Agreement is completed. 10. This Agreement shall become effective upon the signature of both Parties. F R CHAPEL HILL: FOR THE UNITEg STATES: W. Calvin Horton Te ry R. ungbluth Town Manager C lone1 .S. Army Corps of Engineers Chapel Hill, North Carolina Distri Engineer Date: Date: 5dl#117 3 ATTEST: TOWN CLERK TITLE: Approved as to Form: !� Tovvp&ATTORNEY This instrument has been preaudited in the manner required by the Local Government Budget and Fiscal Control Act. ? 2 ANCE DIRECTOR IRECTOR OF ENGINEERING APPENDIX A SCOPE OF STUDY CHAPEL HILL - CARRBORO, NC SECTION 22 STUDY STUDY PURPOSE: The purpose of the study will be to develop a watershed stormwater management plan to assist the Towns of Chapel Hill and Carrboro, NC, Orange Country, NC and the University of North Carolina at Chapel Hill with management of stormwater runoff quantity and quality. This region of North Carolina is growing rapidly and the growth is placing a strain on the existing storm water management facilities in the region creating flooding more frequently. STUDY AREA: The study covers an approximately 60 square mile area of Orange County, NC which includes the Towns of Chapel Hill and Carrboro, NC. The enclosed map shows the general area of the study. There are two major watersheds in the study area both of which begin west of Chapel Hill and Carrboro. The Morgan Creek watershed, which is in the southern portion, covers approximately 60 percent of the study area. The Little Creek watershed covers approximately 40 percent of the area and is in the northern portion of the study area. The lower limits of the study will be the headwaters of B. Everett Jordan Reservoir. SCOPE OF STUDY: The main objective will be to develop a watershed stormwater runoff model, flood boundary and floodway model, and water surface profile model for the streams within the study area which will enable the communities involved to better quantify the volume and quality of stormwater runoff for both present and future land development. The models will be developed using the latest technology for stormwater modeling studies . Field data where possible will be obtained using GPS technology. Data will be developed in a manner such that it can be graphically saved and displayed using the Arc/Info GIS System. WORK ITEMS: The study will include the following general work items for the Morgan Creek, Little Creek, and their tributaries with watersheds of one square mile or greater: 1 . Watershed model: Develop a stormwater runoff model for the streams indicated above. The model will be capable of utilizing input, such as land use, soil types, stream slopes, pollutant loading coefficients, and gradients from a GI.S database to develop the hydrologic parameters necessary for the model output. The model will be developed for both present and, if available, estimated future land use patterns . 4 2 . Water Surface Profile Model. The computer program HEC-RAS will be used to develop water surface profiles and flood boundary and floodway delineations . Valley cross section information will be developed utilizing digitized topographic data and field surveyed stream sections and bridge data. Water Surface profiles will be developed for the 10-, 25-, 50-, 100- and 500-year flood events . Flood boundaries will be developed for the 100- and 500-year events, and floodways will be developed for the 100-year event. Water surface profiles will be developed for both present and future conditions . 3. Flood Reduction Alternatives. Develop conceptual flood reduction alternatives which can be used to make decisions concerning management of stormwater runoff. 4 . Report preparation and training. A technical report will be provided at the end of the study explaining the methodology used to develop the models. Corps of Engineers personnel will assist the local sponsors in the use of any models developed during the study. FUTURE WORK ITEMS: Depending on future funding abilities of both the Corps of Engineers and the local sponsors, the study effort may be expanded to include planning for more comprehensive watershed management. Future work items may include: 1 . Alternatives for flood damage reduction planning a. Flood warning systems b. Comprehensive watershed planning database C. Digitized Flood Plain mapping d. FIS digitized mapping e. GIS mapping for State water plan 2 . Economic Analysis studies Flood hazard evaluation studies 3. Environmental planning Wetland delineation and assessment 4 . Hydrologic/Hydraulic studies a. Hydrologic Modeling for non-point source pollution b. Future retention basin studies 5 Cost Estimate The estimated cost of the work items described above are: Work Item Estimated Cost 1 . Watershed Model $ 54, 000 . 00 2 . Water Surface Profile Modeling $ 53, 000 . 00 3 . Floodway Modeling $ 21, 000. 00 4 . Management Alternatives $ 56, 000 . 00 5. Report Preparation $ 8, 000 . 00 6. Training for Sponsor in model utilization $ 8, 000 . 00 Total Estimated Cost $200, 000 . 00 6 gmg ' ' ,1,1 0A, i.. 1� 1 RAW, AS W �Wirs-Pm'� V It AMC.. . o1 �i� i