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R2019-304 2019-12-09RESOLUTION NO. R2019-304 A Resolution of the City Council of the City of Pearland, Texas, authorizing the City Manager or his designee to enter into an Interlocal Agreement with the City of League City for Pearland's contribution of $25,000.00 toward League City's Flood Mitigation Study for Lower Clear Creek. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS: Section 1. That certain Interlocal Agreement by and between the City of Pearland and the City of League City, a copy of which is attached hereto as Exhibit "A" and made a part hereof for all purposes, is hereby authorized and approved. Section 2. That the City Manager or his designee is hereby authorized to execute and the City Secretary to attest an Interlocal Agreement with the City of League City. PASSED, APPROVED and ADOPTED this the 9th day of December, A.D., 2019. ATTEST: MARIA RODRIGUEZ INTERIM CITY SECRETARY APPROVED AS TO FORM: iorf DARRIN M. COKER CITY ATTORNEY TOM REID MAYOR DocuSign Envelope ID: 609D0327-98FC-4A9D-B6EB-2DEEF3AB652B DS nn 11 " V Reviewed by Legal RESOLUTION NO. 2019-147 A RESOLUTION AUTHORIZING AN INTERLOCAL AGREEMENT WITH THE CITY OF FRIENDSWOOD FOR PARTNERSHIP IN THE LOWER CLEAR CREEK AND DICKINSON BAYOU WATERSHED STUDY AND AUTHORIZING FUTURE INTERLOCAL AGREEMENTS WITH ANY ADDITIONAL GOVERNMENTAL ENTITIES OR AGENCIES FOR PARTNERSHIP IN THIS STUDY BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS, as follows: ` Section 1. The City authorizes an interlocal agreement with the City of Friendswood for partnership in the Lower Clear Creek and Dickinson Bayou Watershed Study and authoring future interlocal agreements with any additional governmental entities or agencies for partnership in this Study; and an executed copies these interlocal agreements shall be attached as Exhibit A. Section 2. The City Manager or his designee is authorized to execute all documents necessary to complete this transaction. Section 3. All resolutions and agreements and parts of resolutions and agreements in conflict herewith are hereby repealed to the extent of conflict only. Section 4. It is hereby found and determined that the meeting at which this resolution was passed was open to the public and that advance public notice of the time, place and purpose of said meeting was given as required by law. PASSED AND APPROVED the 10th day of Sq(tejnber, 2019. ATTEST: DIANA STAPP City Secretary APPROVED AS TO FORM: C C NGfnM V. DOAN City Attorney PAT HALI Mayor Page 1 of 1 DocuSign Envelope ID: 609D0327-98FC-4A9D-B6EB-2DEEF3AB652B Exhibit "A" INTERLOCAL AGREEMENT This Agreement, made and entered into by and between the City of Pearland, a home rule municipality incorporated under the laws of the State of Texas (hereinafter, "Pearland,") and the City of League City, a home rule municipality incorporated under the laws of the State of Texas (hereinafter, "League City") RECITALS Whereas, League City is partnering with Harris County Flood Control Division, Galveston County, the United States Army Corps of Engineers and partnering local municipalities to conduct an eighteen (18) month Flood Mitigation Study for Lower Clear Creek (hereinafter, "Study"), from Dixie Farm Road to Galveston Bay, for an estimated cost of $983,400.00; and Whereas, the goal of the Study is to develop a comprehensive flood mitigation plan for the Lower Clear Creek, by identifying vulnerabilities in the watershed then develop and refine concepts to reduce flood risks; and Whereas, Pearland and Brazoria Drainage District No. 4 (hereinafter, "BDD4") developed .a Master Drainage Plan for the tributaries of Clear Creek, including Hickory Slough, Town Ditch, Mary's Creek, Cowart's Creek, and Chigger Creek, within their combined boundaries spending a combined $795,820 for the Plan; and Whereas, Whereas, since 2003 Pearland and BDD4 have invested approximately $52.7 million dollars on regional detention ponds and drainage projects to mitigate flooding within the Clear Creek Watershed; and Whereas, the Study for Lower Clear Creek is expected to identify projects that may have upstream benefits within the jurisdiction of the City of Pearland; and Whereas, this Agreement is entered into pursuant to the authority of the Interlocal Cooperation Act, V.T.C.A. Gov. Code Sec. 791.001 et seq. WITNESSETH NOW THEREFORE, in consideration of the mutual covenants, agreements and benefits to the parties herein named, it is hereby agreed as follows: DocuSign Envelope ID: 609D0327-98FC-4A9D-B6EB-2DEEF3AB652B Exhibit "A" I. Scope of Study The scope of the Study includes the preparation and delivery of the final Study, as described on Exhibit "A" attached hereto. H. League City Responsibilities A. On or before November 4t', 2019, enter into a contract with Freese - Nichols, Inc. to prepare the Study (hereinafter, "Contract"). B. Fund the entirety of the Study by its own means and by separate participation agreements with other participating partners. C. Provide Pearland with monthly progress updates or interim reports regarding the Plan as well as a copy of the Final Plan. D. After obtaining a fully -executed Contract, invoice Pearland for Pearland's Participating Share of the Study costs as defined in Section III below. III. Pearland Responsibilities A. Remit payment of $25,000.00 (' Pearla.nd's Participating Share") to League City within thirty. (30) days of receipt of an invoice from League City. B. Provide the results of the Pearland/BDD4 master Drainage Plan to League City for use in development of the Study. C. Will conduct prompt reviews and comments to any interim reports provided during development of the Study. D. Based on the results of the Study, consider future participation in drainage improvements that provide direct benefits within Pearland. IV. NOTICES A. All notices and communications under this Agreement shall be mailed by certified mail, return receipt requested, or delivered to the City at the following address: City of Pearland 3519 Liberty Drive Pearland, Texas 77493 Attention: City Manager City of League City 300 West Walker St League City, Texas 77573 Attention: City Manager DocuSign Envelope ID. 609D0327-98FC-4A9D-B6EB-2DEEF3AB652B Exhibit "A" V. CURRENT FUNDS AVAILABLE Both parties hereto represent that they have appropriated sufficient funds to satisfy their respective obligations under this Agreement. VI. MISCELLANEOUS A. Both parties agree that nothing herein shall be construed to create any rights in third parties. B. Both parties agree that no party shall have the right to seek indemnification or contribution from any other parry hereto for any losses, costs, expenses, or damages directly or indirectly arising, in whole or part form this Agreement. C. Whenever possible, each provision of this agreement shall be interpreted in such a manner as to be effective and valid under applicable law, but if any section, subsection, paragraph, sentence, clause, phrase, work or portion of this Agreement is, for any reason, held invalid unconstitutional or otherwise unenforceable by any court of competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions thereof. D. The Rights and Obligations of this Agreement shall. not be assigned without prior written consent of the parties. Each person signing below represents that he or she has read this Agreement in its entirety, including any and all attachments and exhibits, understands its terms, is. duly authorized to execute this Agreement on behalf of the parry indicated by his or her name below and agrees on behalf of said party that the party will be bound by these terms. SIGNED and ENTERED his CITY OF LEAGUE CITY day of 2019. DOCUSign Envelope ID: 609D0327-98FC-4A9D-B6EB-2DEEF3AB652B Exhibit "A" Eeuftned by: f�,44FE3917BC441... John Baumgartner, City Manager iI'9flk-TTTed by: LVia" �faPP 43740388A932489... Diana Stapp, City Secretary 7290—,— - Cryst Roan, TMRC, CMC City Secretary Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services — Summary June 17, 2019 �t xti EXHIBIT A GOALS AND OBJECTIVES The goal of this study is to develop a comprehensive flood mitigation plan for the Lower Clear Creek and Dickinson Bayou watersheds. The study will identify vulnerabilities in the watersheds, then develop and refine concepts to reduce flood risk. Study duration is 18 months beginning at notice to proceed. PLANNING AREA The planning area will include the Clear Creek watershed within Galveston County beginning near Dixie Farm Road (Lower Clear Creek Watershed), and the Dickinson Bayou watershed within Galveston County. SCOPE OF SERVICES Project Management & Administration PROJECT MANAGEMENT, COORDINATION AND MEETINGS — This task is essential to ensure efficient project coordination and to achieve mitigation planning project objectives effectively. USACE - will participate in meetings and workshops Phase 1— Discovery and Baselini I. DATA COLLECTION, REVIEW AND BASELINING — Establish baseline conditions for the mitigation plan based on comprehensive data from past flood events and studies within the watershed. USACE-will support data collection efforts including model data and bathymetric survey data II. PLANNING PARTNER ENGAGEMENT — Early engagement of Planning Partners for their support and project participation is critical to project success. USACE - will participate in all stakeholder meetings, coordinating with other Federal agencies and stakeholders as identified to advance project goals. III. EVALUATE FUNDING OPPORTUNITIES FOR ENGINEERING SERVICES - This task will identify alternate funding sources available for engineering services. IV. COMMUNITY ENGAGEMENT—To ensure community input is appropriately included in the analysis, community meetings will be held before beginning the watershed study. Phase 2 - Watershed Study I. DEVELOP HYDROLOGIC MODELS - Develop hydrologic models for the Study Area using available hydrologic data as available to provide an improved baseline condition. II. FLOOD HAZARD ASSESSMENT — With updated hydrologic data, develop hydraulic models and perform flood damage assessment for existing conditions. Exhibit A -Page 1 of 2 Pa9T'age 6 of 16 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services — Summary //��,, June 17, 2019 .L���Ply 11 III. FUTURE FLOOD RISK PLANNING ASSESSMENT — This task projects future developments in the watershed, defining future/potential risks requiring mitigation and basis for potential mitigation projects. IV. WATERSHED STUDY SUMMARY & PROJECT DEFINITION — Aggregate all reports prepared during this phase and set the stage for Phase 3 by defining project goals and evaluation criteria. USACE—willprovide Compound Flooding Analysis, Storm Surge Modeling, Sea Level Rise Input, Technical Assistance & Agency Review and participate in project meetings and workshops. Phase 3 — Proiect(s) Identification DEVELOPMENT OF PRELIMINARY CONCEPTS — Identify potential structural changes along Lower Clear Creek and Dickinson Bayou that have a significant impact on the WSEL. II. REFINEMENT OF ALTERNATIVES — Refine concepts into alternatives. Conduct more detailed H&H evaluation of project alternatives and benefit -cost evaluation to inform project recommendations. III. CONSTRUCTION PROJECT FUNDING OPPORTNITIES — based on developed project alternatives revisit the funding opportunities investigated in previous phases to identify tailored funding sources based on project details. IV. ALTERNATIVE RECOMMENDATION & PRIORITIZATION — based on the results of alternative analysis, H&H analysis, benefit cost analysis and funding opportunity investigation provide a recommendation on the most actionable project(s) for each watershed V. COMMUNITY ENGAGEMENT— Provide feedback on community input received during Phase I and results of the Phase 3 analysis can be shared in community meetings. USACE — will provide Sea Level Rise Input, Technical Assistance & Agency Review, and participate in project meetings and workshops. FUTURE AUTHORIZATION Phase 4: Implementation Plan Phase 5: Project(s) Preliminary Design Phase 6: Project(s) Detailed Design Phase 7: Proiect(s) CM Exhibit A -Page 2 of 2 PagPBge 7 of 16 Background Memo To: Clay Pearson, City Manager From: Trent Epperson, Assista ity Manager CC: Jon Branson, Dep City Manager Matt Buchanan resident Pearland EDC 11/27/2019 To: Mayor and City Council members Upcoming interlocal for consideration to support downstream Clear Creek drainage study. Clay Robert UptoX, Director of Engineering & Capital Projects Date: Nove er 27, 2019 Re: Interlocal Agreement with League City regarding participation in the Lower Clear Creek (Dixie Farm Road to Galveston Bay) Drainage Study In August 2019, the City Manager for League City contacted Pearland staff regarding sharing the cost for drainage studies (Clear Creek and Dickinson Bayou) they planned to embark upon in partnership with the US Army Corps of Engineers, Harris County Flood Control District, Galveston County, City of Friendswood, and City of Dickinson. The original suggested amount from Pearland was for $105,969, based on a pro -rata share of the Clear Creek portion of the study area based on our Pearland share of the entire Clear Creek watershed. After evaluating the project summary, scope of services, and proposed cost distribution (attached), staff met with the City of League City and City of Friendswood to further discuss the request. The following is a summary of our evaluation of the request: • The study limits are Dixie Farm Road to Galveston Bay • The original pro -rata request for funds was based the entire watershed, not the portion of the watershed covered in the study • The purpose of the study is to identify projects outside of ourjurisdiction to reduce flooding impacts outside of our jurisdiction • Between the City of Pearland and Brazoria Drainage District No. 4 (BDD4), we spent $795,820 on a drainage master plan that modeled the following Clear Creek Tributaries: Hickory Slough, Town Ditch, Mary's Creek, Cowart's Creek, and Chigger Creek within our respective boundaries plus Mustang Bayou, which is not a tributary of Clear Creek. The model and associated data is available to League City and their planning partners for use in the modeling of Clear Creek • The City has spent in excess of $52.7M providing 2,640 Acre -Feet of stormwater detention and other drainage improvements since 2003 in our portion of the Clear Creek watershed Pag 1 1 If the study identifies any projects that have enough benefits upstream of Dixie Farm Road to reduce structural flooding in Pearland beyond what will be removed from flooding by the USACE Clear Creek project, the City of Pearland should consider funding our proportionate share of the design, land acquisition and construction of the identified projects. Based on our evaluation of the study's benefits to the City of Pearland, we offered to partner in the amount of $25,000 to ensure our input and inclusion in the study which could provide benefits within Pearland. Current Status Our Legal Department prepared the attached Interlocal Agreement which was reviewed and agreed to by League City. Staff plans to have the Interlocal on the December 9, 2019 City Council Meeting for consideration. Funding will be provided by existing available Drainage Capital Funds. Pag ,4,1,�EA�l� City of League City, TX 300 West Walker r. League City TX 77573 F v -< Text File File Number: 19-0575 Agenda Date: 10/22/2019 Version: 1 Status: New Business In Control: City Council File Type: Agenda Item Agenda Number: 11 B. Title Consider and take action on a resolution authorizing a professional services agreement with Freese & Nichols in the amount of $1,296,900 for the Lower Clear Creek and Dickinson Bayou Watershed Study (DR 1908) (Director of Budget & Project Management) ..Background: Approval of this resolution will authorize the execution of a professional services agreement with Freese & Nichols in the amount of $1,296,900 for the Lower Clear Creek and Dickinson Bayou Watershed Study (DR 1908). In the aftermath of Hurricane Harvey, Council directed staff to lead an effort to develop alternatives to address flooding in the lower Clear Creek/Clear Lake watershed. We recognize this is a regional watershed and overlaps several jurisdictions in the area. We have worked with Freese -Nichols, the Army Corp of Engineers, and other stakeholders to develop a comprehensive scope of services that was originally valued at $1,746,900. USACE planning assistance contribution of $250,000 and Galveston County's $200,000 of in-kind services reduced the original value to $1,296,900. After gathering funding partners for this project, we have secured partnerships from the following: Planning Assistance and In-kind Services: 1. USACE ($250,000) 2. Galveston County ($200,000) Direct Fundine: 1. Galveston County ($153,240) 2. Hams County Flood Control ($416,000) 3. City of Friendswood ($40,220) 4. City of Dickinson ($24,875) 5. City of Webster ($10,000) With the Direct Funding partnerships above, League City's share of the study cost is $652,565. Final agreements with the Army Corp of Engineers, Harris County Flood Control, and Galveston County are pending. Funding has been approved but agreements were not finalized and approved by this council date. We are continuing to work with Pearland, Santa Fe, and Brazoria County to secure additional partnership funding. It is estimated this study will take 18 months to complete from notice to proceed. Attachments: 1. Data Sheet City of League City, TX page I Printed on 1011612019 File Number: 19-0575 2. Proposed Resolution 3. Proposed Agreement 4. Exhibit A - Watershed Study Proposal 5. Exhibit B - Design Submittal Requirements 6. Schedule 7. CIP Project Sheet CONTRACT ORIGINATION: Agreement has been reviewed and approved by City Attorney's office FUNDING {X) Funding in the amount of $1,296,900 is available from Miscellaneous Capital Projects Fund 5015 with expenses charged to project expense string DR 1908 -PLAN DESIGN -DESIGN -TS CASH. Of the total Design Contract $644,335 will be reimbursed by an interlocal agreement with Galveston County ($153,240), Hams County Flood Control ($416,000), City of Friendswood ($40,220), City of Dickinson ($24,875), and the City of Webster ($10,000). Miscellaneous Capital Projects Fund 5015 will be reimbursed once proceeds are received. STRATEGIC PLANNING {x) NOT APPLICABLE APPROVED ���•C.2 ► �L �v( wo 4a/9 /'f� OCT 2 2 2019 CITY COUNCIL CkyOfLaagueCity, TX Page 2 Printed on 1011612019 RESOLUTION NO. 2019-181 A RESOLUTION AUTHORIZING A PROFESSIONAL SERVICES AGREEMENT WITH FREESE & NICHOLS IN THE AMOUNT OF $1,296,900 FOR THE LOWER CLEAR CREEK AND DICKINSON BAYOU WATERSHED STUDY (DR1908) BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS, as follows: Section 1. The City authorizes a professional services agreement with Freese & Nichols in the amount of $1,296,900 for the Lower Clear Creek and Dickinson Bayou Watershed Study (DR1908); and an executed copy of the agreement will be attached as Exhibit A. Section 2. The City Manager or his designee is authorized to execute all documents necessary to complete this transaction. Section 3. All resolutions and agreements and parts of resolutions and agreements in conflict herewith are hereby repealed to the extent of conflict only. Section 4. It is hereby found and determined that the meeting at which this resolution was passed was open to the public and that advance public notice of the time, place and purpose of said meeting was given as required by law. PASSED AND APPROVED the 22nd day of,"ber, 2019. ATTEST: - . �-A DIANA STEP City Secretary - APPROVED AS TO FORM: c C NGIUEM V. DOAN City Attorney PAT HALLISEY Mayor Page 1 of 1 C �eUyue Gi1y PROFESSIONAL SERVICES AGREEMENT (version 9-16-2019) This AGREEMENT ("Agreement's is entered by and between Freese and Nichols, Inc ("Professional"), located at 11200 Broadway St, Suite 2320, Pearland, TX 77584 and the City of League City ("City'D, a home -rule municipality, located at 300 W. Walker St., League City, Texas 77573 on the date set forth below. Terms: 1. Scope of Services: Professional will perform the services as set forth in Exhibit A, which is attached and incorporated herein, and which can be generally described as the Lower Clear Creek and Dickinson Bayou Watershed Study. Services related to design, bid, or construction of a public work shall conform to the requirements set forth in Exhibit B. If there is a conflict between the terms of this Agreement and Exhibits A or B, the terms of this Agreement will prevail. 2. Term and Termination: This Agreement shall commence on November 1, 2019 and shall expire on June 1, 2021 City reserves the right to terminate this Agreement for convenience upon seven 0 days written notice to Professional. Upon such termination, City shall pay Professional, at the rate set out in Exhibit A, for senvices satisfactorily performed up through the date of termination. Notwithstanding any provision in this Agreement to the contrary, City will not be required to pay or reimburse Professional for any services performed or for expenses incurred by Professional after the date of the termination notice that could have been avoided or mitigated by Professional. 3. Compensation: Professional shall be paid for the services as set forth in Exhibit A In no event shall the total compensation exceed $1,296,900 during the term of this Agreement. City shall tender payment (including progress/partial payments) for services only after such services are completed and are deemed to be acceptable under this Agreement, in the sole reasonable discretion of City. Professional must submit to City invoices for all services provided, which invoices must include details and dates of service. Payment by City shall be made within thirty (30) days of receipt of an invoice, except for any portion of the invoiced amount that City disapproves as not compliant under this Agreement, in the sole reasonable discretion of City. If City disapproves any amount submitted for payment by Professional, City shall give Professional specific reasons for disapproval in writing. 4. Insurance: Professional is required during the Contract Term to maintain insurance as set forth below: (a) Comprehensive General Commercial Liability insurance covering bodily injury and property damage, with minimum coverage limits—exclusive of defense costs --0f $1,000,000 per occurrence and $2,000,000 aggregate; (b) Professional Liability (errors and omissions/malpractice) insurance with minimum coverage limits— exclusive of defense costs—of $2,000,000 per occurrence; and (c) If at any point during the Contract Term it is foreseeable that Professional will enter upon City premises: @ Worker's Compensation coverage with statutory limits for the State of Texas, and (i) Commercial Automobile Liability coverage with minimum coverage limits --exclusive of defense costs—of $1,000,000 per occurrence and $2,000,000 aggregate. All policies must contain a waiver of subrogation against City. Comprehensive General Liability and Commercial Automobile Liability policies must name the City as Additional Insured. Professional shall pay all insurance deductibles and deductibles must not exceed $10,000 unless approved in advance by City. Page Iof7 Professional shall provide City Certificates of Insurance evidencing these insurance requirements prior to the start of work. Liquidated Damages: Professional acknowledges that time is of the essence in performing this Agreement. City and Professional (collectively, the "Parties' agree that if Professional is late in performing any service designated as Time Critical on the Scope of Services attached to this Agreement, City will suffer loss, damages, or other harm from Professional's delay. The Parties agree that the amount of loss, damages, or harm likely to be incurred as a result of Professional's delay is incapable or difficult to precisely estimate, and therefore the Parties desire to stipulate the amount of such loss, damages, or harm. Accordingly, Professional shall have deducted from any amounts owed under this Agreement liquidated damages equal to and only to the extend the delay is caused by its negligence, the number of calendar days of the delay (s) times the daily rate, which rate shall be one-tenth of one percent (0.1%) times the compensation shown in the Scope of Services for such Time Critical service. The Parties further agree that: (i) the liquidated damages specified herein are not a penalty but rather bear a reasonable relationslmip to, and is not plainly or grossly disproportionate to, the probable loss likely to be incurred by City as a result of Professional's delay; (ii) one of the reasons for City and Professional to agree to such amounts is the uncertainty and cost of litigation regarding the question of actual damages; and (iii) City and Professional are sophisticated business parties and negotiated this Agreement at arm's length. 6. Independent Professional: Professional is an independent Professional and is not an employee, partner, joint venture, or agent of City. Professional understands and agrees that he/she will not be entitled to any benefits generally available to City employees. Professional shall be responsible for all expenses necessary to carry out the services under this Agreement and shall not be reimbursed by City for such expenses except as otherwise provided in this Agreement. Intellectual Property: This Agreement shall be an Agreement for services and the parties intend and consider any work created as a result of this Agreement, including any and all documentation, images, products or results, to be a work (the "Work") for hire under federal copyright law. Ownership of the Work shall belong to and remain the exclusive property of City. The Work may be edited at any time within City's discretion. If the Work would not be considered a work -for -hire under applicable law, Professional hereby assigns, transfers, and conveys any and all rights, title and interest to City, including without limitation all copyrights, patents, rights of reproduction, rights to ownership, and right to secure registrations, renewals, reissues and extensions thereof. As the sole copyright holder of the Work, City maintains and asserts the rights to use, reproduce, make derivative works from, and/or edit the Work in any form of medium, expression or technology now known or hereafter developed, at any time within City's discretion. Professional shall not sell, disclose or obtain any other compensation for the services provided herein or the Work. If dme Work is one to which the provisions of 17 U.S.C. § 106A apply, Professional hereby waives and appoints City to assert on Professional's behalf Professional's moral rights or any equivalent rights regarding the form or extent of any alteration to the Work (including, without Imitation, removal or destruction) or the making of any derivative works based on the Work, including, without limitation, photographs, drawings or other visual reproductions of the work, in any medium, for City's purposes. 8. Confidentiality: During the course of the services to be provided under this Agreement, Professional may become privy to confidential information of City. Professional agrees to treat as confidential the information or knowledge that becomes known to Professional during performance of this Agreement and to not use, copy, or disclose such information to any third party unless authorized in writing by City. This provision does not restrict the disclosure of any information that is required to be disclosed under applicable law. Professional shall promptly notify City of any misuse or unauthorized disclosure of City's confidential information and upon expiration of this Agreement shall return to City all confidential information in Professional's possession or control. Professional shall further comply with all information security policies of City that may apply and shall not make any press releases, public statements or advertisement referring to the services provided under this Agreement or the engagement of Professional without the prior written approval of City. Page 2 of 7 9. Warranties and Representations: Professional warrants and agrees that Professional shall perform its services and conduct all operations in conformity with all applicable federal, state, and local laws, rules, regulations, and ordinances. For any service performed on premises owned or controlled by City, Professional warrants and agrees that Professional will perform said services in compliance with all City rules, including but not limited to, prohibitions related to tobacco use, alcohol, and other drugs. 10. Licenses/Certifications: Professional represents and warrants that it will obtain and maintain in effect, and pay the cost of, all licenses, permits or certifications that may be necessary for Professional's performance of this Agreement. If Professional is a business entity, Professional warrants, represents, covenants, and agrees that it is duly organized, validly existing and in good standing under the laws of the state of its formation; and is duly authorized and in good standing to conduct business in the State of Texas, that it has all necessary power and has received all necessary approvals to execute and deliver the Agreement and is authorized to execute this Agreement according to its terms on behalf of Professional. 11. Performance/Qualifications: Professional agrees and represents that Professional has the personnel, experience, and knowledge necessary to qualify Professional for the particular duties to be performed under this Agreement. Professional warrants that all services performed under this Agreement shall be performed consistent with generally prevailing professional or industry standards. 12. Conflict of Interest: Professional warrants, represents, and agrees that Professional presently has no interest and shall not acquire any interest, direct or indirect, that would conflict in any manner or degree with Professional's performance of the services hereunder. Professional further warrants and affirms that no relationship or affiliation exists between Professional and City that could be construed as a conflict of interest with regard to this Agreement. 13. INDEMNIFICATION: PROFESSIONAL SHALL INDEMNIFY AND HOLD HARMLESS CITY, AND EACH OF ITS OFFICIALS, OFFICERS, AGENTS AND EMPLOYEES FROM AND AGAINST ALL CLAIMS, ACTIONS, SUITS, DEMANDS, PROCEEDINGS, COSTS, DAMAGES AND LIABILITIES, INCLUDING WITHOUT LIMITATION ATTORNEYS' FEES AND REASONABLE LITIGATION COSTS, ARISING OUT OF, CONNECTED WITH, OR RESULTING FROM ANY ACTS OR OMISSIONS OF PROFESSIONAL OR ANY AGENT, EMPLOYEE, SUBPROFESSIONAL, OR SUPPLIER OF PROFESSIONAL IN THE EXECUTION OR PERFORMANCE OF THIS CONTRACT, TO THE EXTENT THE CLAIM ARISES FROM NEGLIGENCE, WILLFUL ACT, BREACH OF CONTRACT OR VIOLATION OF LAW. 14. Force Majeure: Neither party shall be liable to the other for (i) any delay in performance; (ii) any other breach; (iii) any loss or damage; or (iv) any contribution to or aggravation of any of the foregoing; arising solely from uncontrollable forces such as fire, theft, storm, war, or any other cause that could not have been reasonably avoided by the party's exercise of due diligence. 15. Notices: Any notice given under this Agreement by either party to the other may be effected either by personal delivery in writing or by mail, registered or certified postage prepaid with return receipt requested. Mailed notices shall be addressed to the addresses of the Parties as they appear in the contract. Notices delivered personally shall be deemed communicated at the time of actual receipt. Mailed notices shall be deemed communicated three (3) days after mailing. Page 3of7 16. Texas Family Code Child Support Certification: Pursuant to Section 231.006 of the Texas Family Code, Professional certifies that it is not ineligible to receive the award of or payments under the Agreement and acknowledges that the Agreement may be terminated, and payment may be withheld if this certification is inaccurate. 17. State Auditor: Professional understands that acceptance of funds under the Agreement constitutes acceptance of the authority of the Texas State Auditors Office, or any successor agency (collectively, the "Auditor"), to conduct an audit or investigation in connection with those funds. Professional agrees to cooperate with the Auditor in the conduct of the audit or investigation, including without limitation providing all records requested. Professional will include this provision in all contracts with permitted subprofessionals. 18. Jurisdiction: Any disputes under this Agreement shall be brought in a court of competent jurisdiction in Galveston, Texas and governed by Texas law. 19. Alternative Dispute Resolution: To the extent that Chapter 2260, Texas Government Code, is applicable to this Contract and is not preempted by other applicable law, the dispute resolution process provided for in Chapter 2260 and the related rules adopted by the Texas Attorney General Pursuant to Chapter 2260, shall be used by City and Professional to attempt to resolve any claim for breach of contract made by Professional that cannot be resolved in the ordinary course of business. The Director of Finance of City shall examine Professional's claim and any counterclaim and negotiate with Professional in an effort to resolve such claims. This provision shall not be construed as a waiver by City of its right to seek redress in the courts. 20. Entire Agreement: This Agreement contains the entire understanding between the Parties and supersedes all prior agreements, arrangements, and understanding, oral or written between the Parties relating to this Agreement. This Agreement may not be modified except by mutual written agreement of the Parties executed subsequent to this Agreement. 21. Eligibility to Receive Payment: Professional certifies that, as a matter of state law, it is not ineligible to receive the Agreement and payments pursuant to the Agreement and acknowledges that the Agreement may be terminated, and payment withheld if this representation is inaccurate. 22. Payment of Debt/Delinquency to State: Professional certifies that it is not indebted to the City of League City and is current on all taxes owed to the City of League City. Professional agrees that any payments owing to Professional under the Agreement may be applied directly toward any debt or delinquency that Professional owes the City of League City regardless of when it arises, until such debt or delinquency is paid in full. 23. Products and Materials Produced in Texas: If Professional will provide services under the Agreement, Professional covenants and agrees that in performing its duties and obligations under the Agreement, it will purchase products and materials produced in Texas when such products and materials are available at a price and delivery time comparable to products and materials produced outside of Texas. 24. Risk of Loss: If applicable, all work performed by Professional pursuant to the Agreement will be at Professional's exclusive risk until final and complete acceptance of the work by City. In the case of any loss or damage to the work prior to City's acceptance, bearing such loss or damage will be Professional's responsibility. 25. Publicity: Professional shall not use City's name, logo or likeness in any press release, marketing materials or other public announcement without receiving City's prior written approval. 26. Legal Construction/Severability: In the event that any one or more of the provisions contained in this Agreement shall for any reason be held to be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not affect any other provision, and this Agreement shall be construed as Page 4 of 7 if such invalid, illegal or unenforceable provisions had never been contained in it. To this end, the provisions of this Agreement are declared to be severable. The Parties may mutually agree to renegotiate the Agreement to cure such illegality/invalidity or unconstitutionality if such may be reasonably accomplished. 27. Limitations: The Parties are aware that there are constitutional and statutory limitations on the authority of City to enter into certain terms and conditions of the Agreement, including, but not limited to, those terms and conditions relating to liens on City's property; disclaimers and limitations of warranties; disclaimers and limitations of liability for damages; waivers, disclaimers and limitations of legal rights, remedies, requirements and processes; limitations of periods to bring legal action; granting control of litigation or settlement to another party; liability for acts or omissions of third parties; payment of attorneys' fees; dispute resolution; indemnities; and confidentiality (collectively, the "Limitations'. Any terms and conditions related to the Limitations will not be binding on City except to the extent authorized by the laws and Constitution of the State of Texas. 28. Sovereign Immunity: The Parties agree that neither the execution of the Agreement by City nor any other conduct, action or inaction of any City representative relating to the Agreement constitutes a waiver of sovereign immunity by City. 29. Authority: Professional warrants and represents that Professional has full power and authority to enter into and perform this Agreement and to make the grant of rights contained herein. The person signing on behalf of City represents that he/she has authority to sign this Agreement on behalf of City. 30. Non -Waiver: The Parties specifically agree that neither the occurrence of an event giving rise to a breach of contract claim nor the pendency of a claim constitute grounds for the suspension of performance by Professional. No covenant or condition of this Agreement may be waived except by written consent of the waiving parry. Forbearance or indulgence by one party in any regard whatsoever shall not constitute a waiver of the covenant or condition to be performed by the other party. 31. Prohibition on Boycotting Israel: Pursuant to Section 2270.002 of the Texas Government Code, by executing this Agreement Professional verifies that Professional• (1) does not boycott Israel; and (2) will not boycott Israel during the tern of this Agreement. 32. Prohibition Against Business with Iran, Sudan or Foreign Terrorists Organizations: Professional warrants, covenants, and represents that Professional is not engaged in business with Iran, Sudan, or any company identified on the list referenced in Section 2252.152 of the Texas Government Code. Page 5 of 7 dr Executed on this V vday of CNC6(� . (date to be filled in by City Secretary) FREESE & NICHOLS - "Professional' Freese & Nichols CITY OF LEAGUE CITY — "City" John Baumgartner, City Manager Attest: Diana Stapp, City Secretary Approved as to Form: V� -- � Y fice of the City Attorney Page 6 of 7 Exhibit A Scope of Services/Description of Products/ Payment Schedule (25 number of pages, including this page) See Nest 24 Pages... Page 7 of 7 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 ll�llP C/fy EXHIBIT A INTRODUCTION BACKGROUND In August 2017, Hurricane Harvey struck the Texas coast, bringing a historic amount of rainfall to the Houston region. The storm produced never -before -seen precipitation depths in Galveston, Harris, and Brazoria Counties, as well as surrounding counties. As was the case with most of the watersheds in the region, Clear Creek and Dickinson Bayou experienced widespread flooding, which resulted in significant flood damages in the region. GOALS AND OBJECTIVES The goal of this study is to develop a comprehensive flood mitigation plan for the Lower Clear Creek and Dickinson Bayou watersheds. The study will identify vulnerabilities in the watersheds, then develop and refine concepts to reduce flooding. Concepts may include one or a combination of the following: • Detention Basin(s), • Channel Modification(s), • Channel Maintenance, • Bypass Channel(s) including tunneled options, • Pump Station(s), • Property Buyout(s), and • Others to be identified as part of the study. Once developed, these concepts will be refined and potentially combined into actionable alternatives. The alternatives will be scored and ranked based on their benefit, cost, ability to implement, and community & environmental impacts to yield the most beneficial project(s) for Lower Clear Creek and Dickinson Bayou. PLANNING AREA The planning area will include the Clear Creek watershed within Galveston and Harris Counties beginning near Dixie Farm Road (Lower Clear Creek Watershed), and the Dickinson Bayou watershed within Galveston County. PLANNING PARTNERS There are numerous stakeholders along Lower Clear Creek and Dickinson Bayou, and League City will lead the engagement of partners critical to funding future phases and implementation. League City has entered into an agreement to receive Planning Assistance to States (PAS) funding in the amount of $250,000 from the U.S. Army Corps of Engineers (USACE) under the authority provided by Section 22 of Exhibit A -Page 1 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou i Preliminary Scope of Services June 28, 2019 ,6.11�/E' QY the Water Resources Development Act of 1974 (PL 93-251), as amended. This scope reflects USACE PAS participation in identified scope tasks, and specifically identifies USACE PAS Value Add Services that are not included in the Base Scope. League City has entered into an agreement with Galveston County to receive in kind services from Galveston County in support of this effort. In kind services will be performed by Galveston County's consultant and provided to League City through an existing contract between Galveston County's consultant and the Texas General Land Office (GLO)/Galveston County for flood mitigation planning in mainland Galveston County. In kind services that the Galveston County consultant will perform on behalf of Galveston County are defined as follows: Phase 1 Task I.A Data Collection —The Galveston County consultant completes task for Dickinson Bayou and supports FNI effort on Clear Creek Task IV Community Engagement — The Galveston County consultant participates in planned engagement meetings coordinated by FNI for both Clear Creek and Dickinson Bayou. The Galveston County consultant is not responsible for Tasks A, B, C or D, only attending and responding to comments directly related to the work they are performing as part of this scope. Phase 2 Task I Develop Hydrologic Models — The Galveston County consultant completes task for Dickinson Bayou only, FNI completes task for Clear Creek Task II.A Hydraulic Analysis — The Galveston County consultant completes task for Dickinson Bayou only, FNI completes task for Clear Creek Task 11.13 Model Calibration — The Galveston County consultant completes task for Dickinson Bayou only, FNI completes task for Clear Creek Key Planning Partners include: • United States Army Corps of Engineers (USACE) • City of Friendswood • Harris County Flood Control District • Galveston County Consolidated Drainage District • Galveston County Additional planning partners may include any or all of the following: • Clear Lake Area Council of Cities City of Nassau Bay o City of Clear Lake Shores o City of Seabrook o City of Kemah Exhibit A -Page 2 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services �? l June 28, 2019 16.1a i1e,C/// c City of EI Lago City of Taylor Lake o City of Webster • City of Houston • City of Dickinson • City of Texas City • City of Pasadena • City of Pearland • Brazoria County Precinct 3 • National Aeronautics and Space Administration (NASA) • Houston Galveston Area Council (H -GAC) • Bay Area Houston Economic Partnership (BAHEP) • Texas Department of Transportation (TXDOT) • United States Geological Survey (USGS) • National Weather Service (NWS) River Forecast Center (RFC) FEE STRUCTURE & AMOUNT Fee for professional services included in this scope is lump sum by task, totaling $1,296,900. This total does not include in kind services performed by the Galveston County consultant on behalf of Galveston County in the Dickinson Bayou Watershed. Breakdown of services by watershed area and task are shown in the table below. 61 Dickinson Non Divisible Clear Creek professional t a Task Effort Watershed Bayou Services Total Watershed 0 Project Management & Administration $ 100,000 $ 75,246 $ 25,082 $ 200,328 1 PROJECT MANAGEMENT, COORDINATION AND MEETINGS $ 100,000 $ - $ - $ 100,000 2 COMMUNITY ENGAGEMENT $ - $ 75,246 $ 25,082 $ 100,328 1 Discovery&Baselining $ 22,451 $ 153,395 $ 38,414 $ 214,260 1 DATA COLLECTION, REVIEW AND BASELINING $ - $ 66,846 $ 9,564 $ 76,410 2 PLANNING PARTNER ENGAGEMENT $ - $ 28,191 $ 9,397 $ 37,588 3 EVALUATE FUNDING OPPORTUNITIES FOR ENG SERVICES $ 22,451 $ - $ - $ 22,451 4 COMMUNITY ENGAGEMENT $ - $ 58,358 $ 19,453 $ 77,811 2 Watershed Study $ 51,975 $ 372,853 $ 83,569 $ 508,397 1 DEVELOP HYDROLOGIC MODELS $ - $ 53,203 $ 10,468 $ 63,671 2 FLOOD HAZARD ASSESSMENT $ $ 293,959 $ 55,973 $ 349,932 3 FUTURE FLOOD RISK PLANNING ASSESSMENT $ $ 25,691 $ 17,127 $ 42,818 4 WATERSHED STUDY SUMMARY & PROJECT DEFINITION $ S1,975 $ - $ - $ 51,975 3 Project(s) Identification $ 41,318 $ 211,395 $ 121,203 $ 373,916 1 DEVELOPMENT OF PRELIMINARY CONCEPTS $ - $ 73,922 $ 49,282 $ 123,204 2 REFINEMENT OF ALTERNATIVES $ - $ 78,290 $ 52,193 $ 130,483 3 CONSTRUCTION PROJECT FUNDING OPPORTUNITIES $ 19,488 $ - $ - $ 19,488 4 ALTERNATIVE RECOMMENDATION & PRIORITIZATION $ 21,830 $ - $ - $ 21,830 5 COMMUNITY ENGAGEMENT $ - $ 59,183 $ 19,728 $ 78,911 Total $ 215,745 $ 812,889 $ 268,267 $ 1,296,900 Exhibit A -Page 3 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services 4 June 28, 2019 Z-'<Ote illy PROJECT PHASING & DELIVERABLES To maximize the effectiveness of the study, the effort will be divided into Phases. For all deliverables one (1) electronic copy in a high-resolution PDF will be provided. Initial Authorization • Phase 1: Discovery & Baselining • Phase 2: Watershed Study • Phase 3: Project(s) Identification Future Authorization • Phase 4: Implementation Plan • Phase 5: Project(s) Preliminary Design • Phase 6: Project(s) Detailed Design • Phase 7: Project(s) Construction Management This document includes a detailed proposal for Phases 1 through 3. Scope and fee for Phases 4, 5, 6 and 7 will be developed based on the outcome of Phases 1 through 3 to ensure the effort aligns with the expectations and needs of League City and potential funding partners identified during the study, including the Harris County Flood Control District. SCOPE OF SERVICES Proiect Management & Administration PROJECT MANAGEMENT, COORDINATION AND MEETINGS —This task is essential to ensure efficient project coordination and to achieve mitigation planning project objectives effectively. A. Project Management and Administration — Based on an estimated schedule of 18 months, the Project Manager will be responsible for project management and coordination services consisting of internal team management and subconsultant management, as well as regular communication with League City and the other planning partners. Specific tasks include: 1. Internal project management including task leadership, internal communication, and data management as specified in the Project Management Plan (PMP). 2. Subconsultant management and coordination including contracting, invoicing, review of deliverables, and communication. 3. Administration of the contract, including preparation of invoices and progress reports on monthly basis and requests for authorization as needed. Authorizations will be based on the scope of services and justification will be provided as needed. 4. Provide a schedule indicating tasks, critical dates, and deliverables, and prepare regular updates. Exhibit A -Page 4 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 ,611(11 P/Y B. Kickoff Meeting — Attend the initial planning kickoff meeting to discuss planning goals and objectives, review the project schedule, and discuss deliverables and other relevant items. Meeting will be attended by the Project Manager and a Project Engineer at a minimum. C. Monthly Project Coordination Meetings — Prepare for and attend a monthly project progress meeting with the project team (15 meetings). This includes preparation of the meeting agenda and any necessary meeting materials (maps, documents, etc.). Minutes documenting the discussion will be provided summarizing the discussion and action items. All meetings will be attended by the Project Manager and one (1) additional team member at a minimum. Meeting duration assumed 1 hour. D. Bi -Weekly Conference Calls — Participate in bi-weekly coordination calls with League City. 30 minutes duration assumed. Monthly Project Coordination Meeting supersedes the Bi - Weekly call and both meetings will not be held in the same week. E. City Council/County Commissioner Meetings — Prepare for and attend League City Council Meetings and meetings with Harris County & Galveston County Commissioner(s) and staff (8 meetings). This includes preparation of presentation materials as requested by League City staff. Meeting will be attended by Project Manager and Project Principal/Client Representative at a minimum. Meeting duration assumed 2 hours plus 1 -hour pre -meeting with League City staff. II. COMMUNITY ENGAGEMENT — This task establishes the plan and materials used for community engagement throughout the project. A. Communications Planning and Memo Development - To ensure that the study team remains in lockstep regarding the dissemination of public information, a "Communications Planning Memo" will be developed for internal team coordination, access to public information tools, and consistency in information provided to the public/key stakeholder groups by all study team members. This document will also provide a delivery schedule for public education materials, establish a review process for all information to be publicly distributed, and include a listing of key audiences/stakeholders for the study. This memo will be updated, as necessary, throughout the study. B. Key Messaging/Copywriting - Draft key messaging that will serve as the foundation of all educational/community outreach materials to support public communication for this study. Including the preparation of a key terms glossary, narratives for educational materials providing a general description of the watershed characteristics, history of flooding, intent of the flood mitigation plan, study delivery schedule, and other key topics. Key messaging will be updated throughout the study, as necessary. C. Development of Public Education Tools - Develop public education and engagement tools, including fact sheets, self -mailing comment forms, exhibits, PowerPoint presentations, educational graphics (for presentations, social media websites, etc.), and other tools, such as "Presentation Packages" for small group presentations about the study. These materials Exhibit A -Page 5 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou L Preliminary Scope of Services /? June 28, 2019 '611v,���' Ply will be developed and updated throughout the study, and the frequency of these updates will be determined by the "Communications Planning Memo" described in Task II.A. D. Database - Develop a project specific stakeholder database including elected officials, property owners, residents, business owners, and associated community groups interested/impacted by the project. USACE Participation in Project Management and Administration: o Project Management, Coordination and Meetings ■ USACE will participate in regular monthly and bi-weekly project coordination meetings, key project milestone meetings and workshops, along with all stakeholder meetings that occur during the project duration. USACE may also provide coordination with other Federal agencies and stakeholders as identified to advance project goals. Phase 1— Discovery and Baselining I. DATA COLLECTION, REVIEW AND BASELINING —This task establishes the baseline conditions for the mitigation plan based on comprehensive information collected from various past flood events and studies within the watershed. A. Data Collection — Collect relevant items to be reviewed and utilized for planning. Data Collection for Dickinson Bayou will comply with scope below but will be completed by the Galveston County consultant through existing Texas GLO/Galveston County contract and provided to League City. Data Collection for Clear Creek (Galveston County portion) will be supported by the Galveston County consultant through existing Texas GLO/Galveston County contract and provided to League City. Survey data including bathymetric survey collected by the Galveston County consultant in Dickinson Bayou and Clear Creek shall also be provided to League City. Data includes, but is not limited to: • Terrain Information (Updated LiDAR, available survey data, limited field survey including bridges and culverts) • Gage Information (HCFCD FWS, USGS, etc.) to include rainfall, WSEL, and Discharge (if applicable) • Historical High -Water Marks (HWM) • Existing models for Clear Creek and Dickinson Bayou • Precipitation Data — Multi -sensor Precipitation Estimate (MPE) rainfall from the NWS for three (3) events: e.g. Hurricane Harvey, TS Allison, and Hurricane Alicia. Other relevant events may be substituted based on input from League City and the planning partners. • Gage -Adjusted Radar Rainfall (GARR), for three (3) events to be provided by a subconsultant (Vieux, Inc.) Exhibit A -Page 6 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou / Preliminary Scope of Services ! June 28, 2019 </�—te Oily • Storm Surge Data — Time -series storm surge elevations for the three (3) events will be utilized as the downstream boundary condition of the unsteady hydraulic models. • Historical flood records that can be provided by the planning partners • Sedimentation data and reports for the Clear Creek and Dickinson Bayou Watershed • Available reports detailing previous model development efforts and mitigation planning. • Parcel data from appraisal district • Number of homes, number of lots, acres of land and miles of roadway that are inundated under existing conditions. • Preliminary environmental data along Clear Creek and Dickinson Bayou • Existing and future land use information • Flood complaint information B. Field Reconnaissance Visits — Conduct site visits along the Clear Creek main stem from the confluence with Galveston Bay to Dixie Farm Road and each of the major tributaries up to the Galveston County line to familiarize the project team with the conditions. Visits will also be conducted along Dickinson Bayou and tributaries within Galveston County Boundaries. Site visits will focus on viewing the channel at major roadway crossings to document the conditions at the crossing as well as the channel conditions upstream and downstream. Site visits on tributaries will focus on areas near the confluence of the tributary and the main stem of Lower Clear Creek and Dickinson Bayou. Site visits to Clear Lake and the 2"d Outlet Structure will also be included to verify the configuration is consistent with the modeling. C. Document Field Reconnaissance Visits —Site visits will be documented in a field observation report that includes photographs and notes detailing findings. D. Model Evaluation and Data Review — Review the collected data and leverage the information provided to make recommendations for model updates. Specific tasks include the following: 1. Review all reports provided and determine additional data needs. 2. Evaluate gage information for completeness and period of record as well as comparison to the historical HWM and flood complaint information to determine consistency. 3. Evaluate available H&H models to determine additional model development needs for future phases. 4. Evaluate available terrain information for future modeling and mapping purposes. E. Prepare Model and Data Collection Surnmary Report - Prepare and submit Summary Report documenting data collected and reviewed and model data analyzed. F. Locate Critical Infrastructure — Provide an exhibit and related GIS shapefile that locates critical facilities along Lower Clear Creek, Dickinson Bayou and tributaries in study area. This could include hospitals, government buildings, water and wastewater treatment facilities, police and fire stations, schools, major utility crossings, and others. Exhibit A -Page 7 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services /N June 28, 2019 L ��?? 1ail(f City G. Develop Damage Curves - Using parcel data obtained from the appraisal district, overlay latest LiDAR topography and aerial photography and develop GIS point dataset of structures, and develop estimated structural finished floor elevations based available data including Google StreetView, USACE Federal project studies, or other data accounting for typical slab elevation adjustments. Develop damage curves (flood height versus damage cost) for areas within the Clear Creek and Dickinson Bayou study area. Structural Inventory Data from HCFCD will be used as available. H. Review Ongoing Clear Creek Projects — Review the USACE Clear Creek Federal project. In addition, review planned improvements to Clear Creek as part of the 2018 Harris County Bond Program. FNI will use existing modeling of planned improvements to identify relative WSEL change at Clear Creek & Dixie Farm Road and Clear Creek & Interstate 45 as a result of these improvements. It is assumed that modeling of planned improvements has been completed and will be available for use in this task. I. Prepare Existing and Planned Condition Summary Memo - Prepare and submit brief technical memo for Clear Creek and Dickinson Bayou identifying future projected conditions (including Annual Flood Damage Assessment from USACE report) to Lower Clear Creek study area from planned work on Clear Creek by USACE and HCFCD. J. Existing and Planned Condition Summary Workshop - Meet with League City and the planning partners to discuss the conclusions from the Existing and Planned Condition Summary Memo. Field Reconnaissance Visits and Model and Data Collection Summary Report will also be discussed. Comments will be solicited and addressed. K. Task Deliverables 1. Catalog of Data Collected including name, date, and source of information 2. Field Observation Reports for site visits 3. Summary of reports and data reviewed 4. Existing and Planned Condition Summary Memo 5. Exhibit and GIS Shapefile for critical facilities and infrastructure L. Assumptions 1. Data collection and survey information provided by the Galveston County consultant complies with scope of work and can be used by Consultant without rework. 2. Data collection and survey information will be provided timely by the Galveston County consultant and does not result in schedule delay to this or other work products. USAGE PAS Participation in Phase 1, Task 1: Data Collection, Review and Baselining ■ USACE will provide data collection assistance including but not limited to: previous studies, hydrologic and hydraulic models (including both riverine and Exhibit A -Page 8 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services l June 28, 2019 TE AAS coastal model data), depth -damage curves, survey data, and field reconnaissance. USA CE PAS Value Add Services in Phase 1, Task 1 (Nor Included in Base Scope) Bathymetric Survey ■ USACE will provide bathymetric survey data at key locations in the study area to define channel geometry below normal water surface elevations and identify areas of concern with re -lards to erosion and sedimentation. II. PLANNING PARTNER ENGAGEMENT — Due to the significant number of stakeholders along Clear Creek and Dickinson Bayou, early engagement of Planning Partners for their support and project participation is critical to project success. A. Coordination with Dickinson Bavou and Clear Creek Watershed Steerine Committee — Prepare an agenda item for the January 2020 Steering Committee meetings and all subsequent bi-monthly meetings until scope of work is completed to present the Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou and inform Planning Partners present. Agenda items may include PowerPoint presentation and handouts. Materials presented will be at the direction of League City. Meeting will be attended by the Project Manager at a minimum. B. Coordination Meeting with Planning Partners — Attend up to three (3) meetings per watershed (6 total) with Planning Partners. Meetings may be with individual partners or with multiple partners simultaneously. Meeting agenda will include informing partners on progress, seeking buy -in to publicly and financially support project, seeking available data and project information and other items at direction of League City. Meeting will be held in League City at League City's direction. 1. Prepare a PowerPoint presentation as well as necessary exhibits for the meetings. Draft versions of both the presentations and materials will be provided to League City for review and comments. Make adjustments to the materials based on comments. 2. Participate in one (1) pre -meeting with League City Staff prior to each Coordination Meeting. These meetings are intended to discuss the presentation and exhibit content as well as to review the findings to be presented. C. Task Deliverables 1. Agenda Items and PowerPoint Presentation for Watershed Steering Committee Meetings 2. Presentation, exhibits and agenda for Planning Partner Meetings 3. Planning Partner meeting minutes USACE PAS Participation in Phase 1, Task 2: o Coordination Meeting with Planning Partners Exhibit A -Page 9 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 rcx�s ■ USACE will participate all stakeholder meetings that occur during the project duration. USACE may also provide coordination with other Federal agencies and stakeholders as identified to advance project goals. III. EVALUATE FUNDING OPPORTUNITIES FOR ENGINEERING SERVICES A. Meetings with Potential Funding Partners — Project team shall facilitate and attend meetings with representatives from League City with potential funding partners. Attend up to three (3) meetings. Meeting handouts and agendas will be prepared by team but use of PowerPoint slides (in addition to slides developed for other meetings) is not assumed. B. Preliminary Funding Opportunity Report - Prepare a report outlining possible Federal and State grant and/or loan funding sources available for the preparation of the plan and design of potential resultant projects. Possible Federal sources may include Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Public Assistance (PA) and Flood Mitigation Assistance (FMA) grant programs; U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) programs; and Texas Water Development Board (TWDB) Flood Protection grant program (FP), Clean Water State Revolving Fund (CWSRF) low-interest loan and grant program, and the Texas Water Development Fund (Dfund) loan program. C. Task Deliverables 1. Funding Partner Meeting handouts, exhibit and presentation materials 2. Preliminary Funding Opportunity Report IV. COMMUNITY ENGAGEMENT — To ensure community input is appropriately included in the analysis, community meetings will be held before beginning the watershed study. Four (4) meetings will be held in the project area during this phase. Flood Mitigation Community Engagement for Dickinson Bayou and Clear Creek Watersheds will be led by League City. The Galveston County consultant through existing Texas GLO/Galveston County contract and the USACE Galveston District will be encouraged to participate in planned engagement activities. A. Community Meeting Noticing - Draft and distribute public notices for each community meeting, including: Elected official notices, Stakeholder notices, League City and HCFCD website notice, Social media (i.e. Twitter, Facebook), Media advisories (NewsRouter), Yard signs/Door hangers B. Community Meeting Logistics and Implementation - Coordinate all necessary community meeting resources and infrastructure for the four (4) public meetings, including, but not limited to: 1. Outdoor and indoor directional signage 2. Community meeting equipment, including easels, a microphone/PA system, projector, projection screen, multiple computers, required cables, podium, pens, comment Exhibit A -Page 10 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services IN June 28, 2019 {,#1teCily collection boxes, name badge holders, a digital camera to document the meeting, a digital video camera/and or equipment necessary to livestream the meeting online, and additional tables and chairs (if required by the meeting facility). 3. Printed public information tools as identified above (quantity should exceed anticipated attendance/venue capacity) 4. Identify and secure the community meeting venue 5. Coordinate security and Harris and Galveston County Fire Marshal personnel, as needed C. Public Comment and Community Meeting Documentation 1. Provide responses for public comments received during the stated public comment period in coordination with the Key Planning Partners. 2. Update online tools and materials to convey the end of the comment period. 3. Document community engagement efforts, including public comments and responses related to the bond project, color photographs, electronic links to video files, and examples of public noticing and public information tools prepared to support each meeting. D. Community Engagement Completion Activities 1. Draft a "Thank you" letter to be delivered to each meeting venue, acknowledging their support and assistance. 2. Provide finalized, project -related files to the Key Planning Partners at the close of the community engagement process for each meeting. 3. Participate in a "Community Engagement Close-out" meeting with the Key Planning Partners. E. Assumptions 1. Consultant will provide payment for venue fees, as necessary. 2. Consultant will provide staff for each community meeting. 3. Video production services will not be provided to support the community meetings. 4. Key Planning Partners will provide equipment and personnel to live stream the presentations during each community meeting. S. Key Planning Partners will provide notice of the meeting to governing bodies including League City Council, Harris County Commissioners Court, and Galveston County Commissioners Court. 6. Consultant will be responsible for preparing, mailing, and providing payment for all letter notices. F. Task Deliverabl 1. Four (4) community engagement meetings 2. Responses to comments received 3. "Thank you" letter to each meeting venue, 4. Provide finalized, project -related files to community engagement meetings. the Key Planning Partners documenting Exhibit A -Page 11 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 (W Phase 2 - Watershed Stud DEVELOP HYDROLOGIC MODELS - Develop hydrologic models for the Study Area using available hydrologic data as available to provide an improved baseline condition. Hydrologic Model for Dickinson Bayou will be completed by the Galveston County consultant through existing Texas GLO/Galveston County contract and provided to League City and will comply with scope below. A. Hydrologic Analysis — Separate hydrologic models for Lower Clear Creek and Dickinson Bayou will be created using the USACE HEC -HMS hydrologic model. The model will be developed to utilize consistent precipitation, loss parameters, and hydrograph transform parameters. The available USACE/HCFCD models that include the completed Federal project will be used for future conditions. Existing detailed models provided by HCFCD will not be updated outside of the study area limits. Specific tasks include: 1. Hydrologic Model Development — Develop a comprehensive hydrologic model to be utilized in conjunction with the hydraulic assessment. a. Subdivide or combine drainage areas to ensure adequate computational points and consistency with the existing gage network. Drainage areas within the study area will be delineated such that major changes in discharges are captured at tributary confluence as well as significant hydrologic features such as bridges, culverts, detention basins, major outfalls, and other features. b. Develop hydrologic loss and transform parameters using a consistent methodology. The new hydrology will utilize the Initial and Constant loss method and the Clark UH transform method. HCFCD loss parameters will be utilized for this task. c. Develop precipitation data based on NOAA Atlas 14 rainfall dataset. d. Execute models for the 2-, 5-, 10-, 25-, 50-, 100-, and 500 -year storms along with the three (3) historical events and review/compare the results to the effective discharges and historical gage data (where available) B. Task Deliverables 1. Technical memorandum detailing the methodology, development, and results of the existing conditions modeling effort including related exhibits and results tables 2. HEC -HMS Models 3. GIS data supporting modeling efforts in geodatabase format 4. Supporting parameter calculation spreadsheets or other related files C. Assumptions 1. Hydrologic Model prepared by the Galveston County consultant complies with scope of work and can be used by Consultant without rework. Exhibit A -Page 12 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou / Preliminary Scope of Services L June 28, 2019 <r���e Cily 2. Hydrologic Model is provided timely by the Galveston County consultant and does not result in schedule delay to this or other work products II. FLOOD HAZARD ASSESSMENT — With updated hydrologic data, develop hydraulic models and perform flood damage assessment for existing conditions. A. Hydraulic Analysis Hydraulic Analysis for Dickinson Bayou will be completed by the Galveston County consultant through existing Texas GtO/Galveston County contract and provided to League City and will comply with scope below. Develop unsteady -state 1D/2D HEC -RAS hydraulic models to reflect flood risk on Clear Creek and Dickinson Bayou main stems and major tributaries within Galveston County. Limited detail hydraulic models will be developed based on data provided by cities and 2018 LiDAR for unstudied tributaries. Models will be developed leveraging available data sources as available, including: existing effective steady state models, USACE Federal Study modeling, and existing planning level unsteady modeling. Existing modeling will be leveraged as much as is deemed appropriate. 1. Unsteady State Hydraulic Analysis — Develop unsteady state 1D/2D HEC -RAS models for Lower Clear Creek and Dickinson Bayou within the study area. a. Develop models to reflect most current terrain data and field survey i. Adjust cross section alignments and update elevations from the terrain data. The hydraulic models will be updated using the most recent terrain within the study area. ii. Add bridge and culvert crossings as needed to the models within the study area. These will be based on field survey data where it is available or field observation and measurements if survey data is unavailable. b. Develop model geometry and 2D mesh (where applicable), including roughness values, obstructions, breaklines, and ineffective flow areas as -needed based on site visits, aerial imagery, land use data, and building footprint information. 2D mesh grid cell size will be of sufficient resolution to identify flood risk at the parcel level. c. Using flow data developed in the Hydrologic Analysis task, apply inflow hydrographs to the hydraulic model. Consideration for inflow hydrograph and boundary condition locations will include (at a minimum) roadway crossings where there are currently gages or future potential gage locations, confluences of tributaries, or other locations where there are significant changes in stormwater discharge when inflow hydrographs are applied. d. Execute the models for the 2-, 5-, 10-, 25-, SO-, 100-, and 500 -year storms along with the three (3) historical events and review/compare the data to the effective modeling and HWM data (where available). It is understood that the development Exhibit A -Page 13 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou / Preliminary Scope of Services June 28, 2019 16411,"(ily of the combined unsteady models will require multiple run iterations for each of the streams to construct a stable model. B. Model Calibration Model Calibration for Dickinson Bayou will be completed by the Galveston County consultant through existing Texas GLO/Galveston County contract and provided to League City and L. ill comply with scope below. Utilize the gage data, HWMs, and modeled historical storms to evaluate the validity of the existing conditions hydraulic models and adjust model parameters to achieve consistent results between the models and observed data. 1. Document and compare total volume, peak discharges, hydrograph shape, and calculated WSEL for each of the historical storms in the unsteady hydraulic model vs. the observed gage data at gages and other HWM locations. 2. Document model parameter adjustments required to achieve calibration. C. Flood Hazard Assessment 1. Prepare inundation mapping for the 100- and 500 -year events on Lower Clear Creek and Dickinson Bayou. Mapping will be based on RAS Mapper; no additional editing or cleanup will be performed on the mapping. Depth grids and velocity grids will also be developed. a. Mapping will identify number of homes, number of lots, acres of land and miles of roadway that are inundated during studied design storm events. 2. Prepare water surface profiles for the 2-, 5-, 10-, 25-, 50-, 100-, and 500 -year storms 3. Provide comparison tables of the calculated WSEL to the effective modeling (if applicable) to show the changes and provide a discussion of any significant changes. 4. Determine single -event and expected annual damages for at -risk structures for events up to and including the 500 -year (0.2% annual exceedance probability) storm event. 5. Identify Transportation System Impacts — Determine major roadway accessibility during flood events and evaluate potential evacuation routes. a. Identify major roadways and the extent of the roadway that overtop for the modeled storm events b. Using the modeling and gage information, set critical gage elevations where inundation at nearby road crossings is likely c. Identify evacuation routes along major roads based on frequency of inundation and traffic capacity. d. Consider potential improvements to major roadways that could reduce the risk of inundation and provide a more reliable evacuation route. Recommendations for Exhibit A -Page 14 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 l4 61(_A lw Cijy this task will be limited to identifying crossings that should be raised. Include related exhibits and tables identifying evacuation routes for multiple rainfall frequencies. D. Assumption, 1. Hydraulic Model and Model Calibration prepared by the Galveston County consultant complies with scope of work and can be used by Consultant without rework. 2. Hydraulic Model and Model Calibration is provided timely by the Galveston County consultant and does not result in schedule delay to this or other work products E. Task Deliverables 1. Technical memorandum detailing the methodology, development, calibration, and results of the existing conditions modeling effort including related exhibits and results tables 2. HEC -RAS Models 3. GIS data supporting modeling efforts in geodatabase format 4. Inundation mapping including depth and velocity grids in geodatabase format 5. Gage information for historical storms 6. Supporting parameter calculation spreadsheets or other related files 7. Annual Flood Damage Assessment Technical Memorandum 8. Transportation Impact & Evacuation Route Memorandum III. FUTURE FLOOD RISK PLANNING ASSESSMENT — This task projects future developments in the watershed, defining future/potential risks requiring mitigation and basis for potential mitigation projects. A. Assessment of future growth conditions — Update the existing conditions models developed in Task II to estimate a future condition within the watershed if no new flood mitigation measures were pursued. Future conditions will be estimated by utilizing available population growth projections, and regional growth/development patterns, drainage criteria that has been adopted by appropriate relevant agencies within the watershed, and other information as available. Consideration of the future condition analysis will aid in the evaluation of long-term flood hazard mitigation measures. 1. Freese and Nichols 2017 Land Use Assumptions Report will be used to define future land use conditions within the study area. Convert estimates of future development into gridded data of land use 2. Update hydrologic parameters in the hydrologic model to reflect future conditions. Parameters to be updated include percent impervious, and Tc+R. Modifications will be consistent with drainage criteria adopted by regulatory agencies within the study area 3. Execute HEC -RAS models with future conditions hydrology and update inundation maps for 100- and 500 -year events Exhibit A -Page 15 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 B. Task Deliverables 1. Technical memorandum detailing the methodology, development, and results of the future conditions modeling effort including related exhibits and results tables. 2. Final models 3. GIS data supporting modeling efforts in geodatabase format. 4. Inundation mapping including depth and velocity grids in geodatabase format S. Supporting parameter calculation spreadsheets or other related files. IV. WATERSHED STUDY SUMMARY & PROJECT DEFINITION —This task will aggregate all reports prepared during this phase and set the stage for Phase 3 by defining project goals and evaluation criteria. A. Prepare Summary Report — Summary report will include an executive summary of all of materials prepared during the phase. Appendix will organize all technical memoranda prepared during this phase. B. Watershed Study Summary & Project Definition Workshop — Meet with League City, planning partners and other stakeholders at direction of League City to discuss the conclusions from the Watershed Study Summary Report. Comments will be solicited and addressed. Workshop will also seek to provide project definition by making determinations on the desired level of service (storm event) Clear Creek and Dickinson Bayou flood risk reduction projects should provide in the project area. Included in this discussion will be screening criteria for concept evaluation purposes. Criteria will consider metrics such as hydraulic performance, project cost, design life, annual flood damage reduction, maintenance, feasibility, constructability, public benefit, environmental impact, and public safety. C. Task Deliverables 1. Watershed Study Summary Report 2. Level of Service for Project(s) 3. Screening Criteria USACE PAS Value Add Services in Phase 2 (Not Included in Base Scope): o Compound Flooding Analysis ■ USACE will provide guidance and technical assistance with regards to Compound Flooding Analysis, including probabilistic techniques and historical storm data to determine appropriate boundary conditions for both coastal and riverine analysis. o Storm Surge Modeling • USACE will perform additional storm surge analysis as -needed and/or provide relevant storm surge model data as it is developed for other USACE coastal Exhibit A -Page 16 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou ��//]] Preliminary Scope of Services /; l_N June 28, 2019 �s'��� to 1�� kAAS projects to better inform boundary conditions and potential impacts from coastal storm surge. o Sea Level Rise ■ USACE will provide guidance and relevant data with regards to sea level rise projections and procedures for evaluating potential impacts due to changes in sea level and subsidence. o Technical Assistance & Agency Review ■ USACE will provide technical assistance as -needed including development of updated depth -damage curves, review of project deliverables, and guidance with regards to pertinent USACE engineering criteria. o Meetings ■ USACE will participate in key project milestone meetings and workshops that occur during the project duration. Phase 3 — Project(s) Identification DEVELOPMENT OF PRELIMINARY CONCEPTS — Identify potential structural changes along Lower Clear Creek and Dickinson Bayou that have a significant impact on the WSEL. A. Develop Preliminary Concepts - Develop preliminary concepts to meet requirements of flood risk reduction Project Definition for each watershed, as developed in Phase 2. Unsteady hydraulic models developed in Phase 2 will be used to evaluate potential benefits of conceptual level flood risk reduction projects as defined below. Concept development will include conceptual siting and sizing, order of magnitude cost and adequate detail to evaluate with screening criteria developed. 1. Concepts may include standalone features or integrated solutions including the following: a. Detention Basin(s) — Regional and/or Local b. Channel Modification(s) — Vegetation clearing, de -silting, bank stability, straightening, widening, deepening, bridge modification/removal c. Bypass Channel(s) — new channel to provide additional conveyance, includes underground conduits (tunnels) d. Pump Station(s) — stand alone or in concert with other concepts e. Property Buyout(s) f. Others to be determined later 2. Identify project ROW needs, environmental constraints, utility challenges, and other potential issues that may hinder implementation 3. Prepare conceptual level opinion of project costs. The cost opinions will represent order of magnitude costs consistent with the level of effort and will be based on Freese and Nichols project experience. Exhibit A -Page 17 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 61( (l,!(f' 0/y 4. Prepare Preliminary Concept Technical Memorandum to summarize concept features including all analysis completed as part of this task. Each project identified will be discussed in a separate section. B. Score & Rank Concepts 1. Score concepts based on the screening criteria developed in Phase 2, Task IV.B. 2. Conduct workshop with League City, planning partners and other stakeholders at League City's direction to review concept screening results. Adjust scoring if necessary to reflect input received. 3. Rank the concepts and identify the top tier (three to five) concepts for each watershed for further development as alternatives based upon screening criteria defined in previous task. Alternative development will include more detailed H&H evaluation and benefit -cost evaluation. 4. Prepare Preliminary Concept Scoring Technical Memorandum - Memorandum will summarize scoring and ranking of each preliminary concept. C. Task Deliverables 1. Preliminary Concept Technical Memorandum 2. Preliminary Concept Scoring Technical Memorandum II. REFINEMENT OF ALTERNATIVES — Refine concepts into alternatives. Conduct more detailed H&H evaluation of project alternatives and benefit -cost evaluation to inform project recommendations. A. H&H Analysis — Refine top tier concepts into alternatives. Evaluate the effectiveness of the alternatives (three to five) for each watershed in the unsteady hydraulic models by identifying impacts to flows, WSELs, and inundation limits. Changes in peak flows and WSEL will be evaluated throughout the entire model to ensure no adverse impacts. 1. Identify number of properties removed from floodplain and reductions in flood impacts at critical roadway locations relative to evacuation and emergency responder access. B. Benefit Cost Analvsis 1. Estimate expected annual flood damages for the proposed alternative scenarios for comparison with the existing and future conditions; the analysis will utilize a simplified approach based on single -event damages times expected annual exceedance probability. Damage curves developed as part of Phase 1 will be used. 2. Refine construction costs prepared for preliminary concepts. 3. Perform benefit cost analysis. 4. Prepare memorandum summarizing results of analysis. C. Task Deliverables Exhibit A -Page 18 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou / Preliminary Scope of Services j� June 28, 2019 L1'l!illf' �ily 1. Refined Alternative Benefit Cost Analysis III. CONSTRUCTION PROJECT FUNDING OPPORTNITIES — based on developed project alternatives revisit the funding opportunities investigated in previous phases to identify tailored funding sources based on project details. A. Meetings with Potential Funding Partners — Project team shall facilitate and attend meetings with representatives from League City with potential funding partners. Attend up to three (3) meetings. Meetings handouts and agendas will be prepared by team but use of PowerPoint slides (in addition to slides developed for other meetings) is not assumed. B. Construction Funding Opportunity Report - Prepare a report outlining possible Federal and Texas -state grant and/or loan funding sources available for construction of project(s). Possible Federal sources may include Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP), Public Assistance (PA) and Flood Mitigation Assistance (FMA) grant programs; U.S. Department of Housing and Urban Development (HUD) Community Development Block Grant (CDBG) programs; and Texas Water Development Board (TWDB) Flood Protection grant program (FP), Clean Water State Revolving Fund (CWSRF) low-interest loan and grant program, and the Texas Water Development Fund (Dfund) loan program. C. Task Deliverables 1. Project(s) Alternative Funding Opportunity Report 2. Funding Partner Meeting Handouts and Agendas IV. ALTERNATIVE RECOMMENDATION & PRIORITIZATION — based on the results of alternative analysis, H&H analysis, benefit cost analysis and funding opportunity investigation provide a recommendation to League City and the planning partners on the most actionable project(s) of the alternatives for each watershed advanced from previous task. A. Score & Prioritize Alternatives 1. Score alternatives based on the screening criteria including benefit cost analysis and funding opportunities 2. Conduct workshop with League City, the planning partners and other stakeholders at League City's direction to review alternative prioritization results. Adjust scoring if necessary to reflect input received. B. Prosect Recommendation Report - Prepare report describing projects recommended for preliminary design. Report will include recommended next steps including scope of work for further project development and implementation plan (Phase 4). C. Task Deliverables 1. Project Recommendation Report Exhibit A -Page 19 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services , June 28, 2019 <l�!((' C(/J V. COMMUNITY ENGAGEMENT — To ensure feedback is provided on community input received during Phase I and results of the Phase 3 analysis can be shared, four (4) meetings will be held in the project area towards the end of this phase. A. Community Meeting Noticing - Draft and distribute public notices for each community meeting, including: Elected official notices, Stakeholder notices, League City and HCFCD website notice, Social media (i.e. Twitter, Facebook), Media advisories (NewsRouter), Yard signs/Door hangers B. Community Meeting Logistics and Implementation - Coordinate all necessary community meeting resources and infrastructure for the four (4) public meetings, including, but not limited to: 1. Outdoor and indoor directional signage 2. Community meeting equipment, including easels, a microphone/PA system, projector, projection screen, multiple computers, required cables, podium, pens, comment collection boxes, name badge holders, a digital camera to document the meeting, a digital video camera/and or equipment necessary to livestream the meeting online, and additional tables and chairs (if required by the meeting facility). 3. Printed public information tools as identified above (quantity should exceed anticipated attendance/venue capacity) 4. Identify and secure the community meeting venue 5. Coordinate security and Harris and Galveston County Fire Marshal personnel, as needed C. Public Comment and Communitv Meetine Documentation 1. Provide responses for public comments received during the stated public comment period in coordination with the Key Planning Partners. 2. Update online tools and materials to convey the end of the comment period. 3. Document community engagement efforts, including public comments and responses related to the bond project, color photographs, electronic links to video files, and examples of public noticing and public information tools prepared to support each meeting. D. Community Engagement Completion Activities 1. Draft a "Thank you" letter to be delivered to each meeting venue, acknowledging their support and assistance. 2. Provide finalized, project -related files to the Key Planning Partners at the close of the community engagement process for each meeting. 3. Participate in a "Community Engagement Close-out" meeting with the Key Planning Partners. E. Assumptions 1. Consultant will provide payment for venue fees, as necessary. 2. Consultant will provide staff for each community meeting. 3. Video production services will not be provided to support the community meetings. Exhibit A -Page 20 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 LS'l/�!((' Ply 4. Key Planning Partners will provide equipment and personnel to live stream the presentations during each community meeting. 5. Key Planning Partners will provide notice of the meeting to governing bodies including League City Council, Harris County Commissioners Court, and Galveston County Commissioners Court. 6. Consultant will be responsible for preparing, mailing, and providing payment for all letter notices. F. Task Deliverables 1. Four (4) community engagement meetings 2. Responses to comments received 3. "Thank you" letter to each meeting venue, 4. Provide finalized, project -related files to community engagement meetings. the Key Planning Partners documenting USAGE PAS Value Add Services in Phase 3 (Not Included in Base Scope): o Sea Level Rise ■ USACE will provide guidance and relevant data with regards to sea level rise projections and procedures for evaluating potential impacts due to changes in sea level and subsidence. o Technical Assistance & Agency Review • USACE will provide technical assistance as -needed including development of updated depth -damage curves, review of project deliverables, and guidance with regards to pertinent USACE engineering criteria. o Coordination and Meetings ■ USACE will participate in key project milestone meetings and workshops. USACE may also provide coordination with other Federal agencies and stakeholders as identified to advance project goals. FUTURE AUTHORIZATION Phase 4 — Implementation Plan Phase 5 — Project(s) Preliminary Design Phase 6: Project(s) Detailed Design Exhibit A -Page 21 of 22 Flood Mitigation Plan for Lower Clear Creek & Dickinson Bayou Preliminary Scope of Services June 28, 2019 Phase 7: Proiect(s) Construction Manaeement Exhibit A -Page 22 of 22 FLOOD MITIGATION PLAN FOR LOWER CREEK AND DICKINSON BAYOU cnvinesxurgrwsfry naca "League City, Army Corps plan sweeping flood control study." Dew PmX 1 "More study of much -studied Clear Creek might bring grant funding." "Regional drainage solutions are 5-10 year process." �`'-"_ - , aouurr.euam Houuon HARRIS COUNTY FM 1 71 )Brookside Village fCL P..rr.fro Mlasoud city__. mends wood � :�~ Combined Watershed Area % of Total Clear Creek 1128,5391 c 66% Dickinson J 67,401 ac 34% Leagu "ty Watershed Acres Brazmia Fort Bend Galveston H,Ims Clear Creek 43,205 5,188 25,823 54,3? 34% 4% Dickinson 10,990 0 56,410 0 16% 0 84% 0 20% IA f MINTY �S I f+.............•, i• I I �I✓j. Shoreacres ,'a... ayfo Lake Nlage,�, dM S nicki j gaunt �ti,'- San Leon 1 c n ieaas'fy !i M r - La X \\ ~Hitchcock 1 TEXAS MITIGATION PLAN DEVELOPMENT TIMELINE A RESOLUTION MADE BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS AUTHORIZE AND DIRECT THE CITY MANAGER TO DETERMINE ALTERNATIVES TO IMPROVE DRAINAGE OF ALL WATERWAYS AND TO ENGAGE THE PARTICIPATION OF REGIONAL GOVERNMENTAL ENTITIES THAT WOULD ALSO BENEFIT FROM THIS COMPREHENSIVE PLAN. RESOLUTIONS A RESOLUTION OF THE CLEAR CREEK WATERSHED STEERING COMMITTEE TO EXPRESS ITS SUPPORT FOR A REGIONAL ASSESSMENT OF CONTRIBUTING FACTORS TO AND POSSIBLE SOLUTIONS FOR FLOODING IN THE CLEAR CREEK WATERSHED AND SURROUNDING AREAS. TO CULMINATE WITH THE CREATION OF A LIST OF PROJECTS TO REDUCE FLOODING AND ITS DEVASTATING IMPACTS. A RESOLUTION OF THE DICKINSON BAYOU WATERSHED STEERING COMMITTEE TO EXPRESS ITS SUPPORT FOR A REGIONAL ASSESSMENT OF CONTRIBUTING FACTORS TO AND POSSIBLE SOLUTIONS FOR FLOODING IN THE DICKINSON BAYOU WATERSHED AND SURROUNDING AREAS. TO CULMINATE WITH THE CREATION + OF A LIST OF PROJECTS TO REDUCE'; FLOODING AND ITS DEVASTATING IMPACTS. 10/24/2018 12/12/2018 1/15/2019 1/31/2019 2/12/2019 2/21/2019 3/29/2019 4/23/2019 Initial Meeting g $Coping Meeting with Meeting with Ken Presentation Meeting with Scoping meetingCity g g League between fNl and workshop at Dickinson, Clark and Michael to Clear Creek USACE to discuss i with USACE Council approves pro pp League City to Friendswood League City Hall and Shannon at Watershed nest steps at public assistance discuss potential Webster Galveston County Steering league City Hall to state terms 10/09/2078 project Committee from USACE Council posses resolution to determine alternatives to improve drainage and engage regional partners. ]1/13/2018 1/18/2019 2/02/2019 2/19/2019 2/27/2019 3/22/2019 5/06/2019 1/03/2019 Discuss initial Meeting with Gary Initial Meeting with B Presentation to Scopin meeting g g League City Discuss watershed Final draft scoping Zika and Ellen Maas USACE Galveston scope of work for Dickinson Bayou with USACE Meeting with breakdown Lower Clear Creek review with at HCFCD offii ce strct Di Watersheteerin d Steering Dickinson to participation and Dickinson League City Committee discuss planned Flood control projects A RESOLUTION MADE BY THE CITY COUNCIL OF THE CITY OF LEAGUE CITY, TEXAS AUTHORIZE AND DIRECT THE CITY MANAGER TO DETERMINE ALTERNATIVES TO IMPROVE DRAINAGE OF ALL WATERWAYS AND TO ENGAGE THE PARTICIPATION OF REGIONAL GOVERNMENTAL ENTITIES THAT WOULD ALSO BENEFIT FROM THIS COMPREHENSIVE PLAN. RESOLUTIONS A RESOLUTION OF THE CLEAR CREEK WATERSHED STEERING COMMITTEE TO EXPRESS ITS SUPPORT FOR A REGIONAL ASSESSMENT OF CONTRIBUTING FACTORS TO AND POSSIBLE SOLUTIONS FOR FLOODING IN THE CLEAR CREEK WATERSHED AND SURROUNDING AREAS. TO CULMINATE WITH THE CREATION OF A LIST OF PROJECTS TO REDUCE FLOODING AND ITS DEVASTATING IMPACTS. A RESOLUTION OF THE DICKINSON BAYOU WATERSHED STEERING COMMITTEE TO EXPRESS ITS SUPPORT FOR A REGIONAL ASSESSMENT OF CONTRIBUTING FACTORS TO AND POSSIBLE SOLUTIONS FOR FLOODING IN THE DICKINSON BAYOU WATERSHED AND SURROUNDING AREAS. TO CULMINATE WITH THE CREATION + OF A LIST OF PROJECTS TO REDUCE'; FLOODING AND ITS DEVASTATING IMPACTS.