Fort Walton Beach Council agenda — 01-11-05 - regular — reading text

remains along some of these drainages and must be removed. Discussion: Shortly after the hurricane, the City received information from the Natural Resources Conservation Service (NRCS), a division of the Unites States Department of Agriculture, regarding grant funding opportunities for local government agencies for emergency watershed protection measures. These measures consist of storm debris related cleanup such as removal and disposal of trees, logs, stumps, brush, blockages, and rubbish from waterways and drainages. Mr. Darryl Williams of the local NRCS office in Crestview met with City personnel to explain the program and tour the heaviest damaged drainages within our City. After touring the damaged areas, Mr. Williams agreed that the areas surveyed would qualify for Federal funding and arranged for a return visit with an engineer from theil:District office to quantify the costs for remediation. The NRCS provided the City with cost estimates for debris removal from three area drainages: the Ferry Road Park area, theSleepy Oaks Road drainage, and the Coral Ditch system. The attached Project Agreement from the NRCS details these areas and the associated work requited to restore the areas to their pre- storm condition. As indicated in the agreement, the total estimated cost for restoration work is $ 81, 300. Emergency Watershed Protection Program grants through the NRCS are based on a 75/ 25 funding formula. Upon execution of the agreement, the NRCS will agree to fund 750/ of the total cost 0 81, 300), while the City will be responsible for the remaining 250/ for an aggregate total not to 0 exceed $ 108,400. The City' s required match of $27, 100 willlikely be offset by in-kind contributions such as designing the project, developing specifications, administering the contracts, providing limited labor, and providing inspection services. In the event that a. cash contribution is required to make up the City' s 250/ match, Staff will fund this contribution 0 through the City' s disaster reserve fund. Prior staffmg this issue for Council action, Staff forwarded all documentation to the City to Attorney, Ms. Toni Craig, for legal review and comment. The NRCS Project Agreement requires documentation from the City' s legal counsel as to land rights/ ownership for the areas identified in the agreement. Ms. Craig reviewed the appropriate documentation with Engineering Division personnel and provided the assurance certification as required. A copy of this documentation is attached with this report. Recommendation: Staff requests City Council authorization for the City Manager to accept the Proj ect Agreement with the Natural Resources Conservation Service (NRCS) for storm debris related within cleanup City drainages, enter into the necessary agreement( s) with the NRCS, and implement the work program as outlined in the proposal. 6- 0~ Date I/~ / os- irector Date Reviewed and Concur: Joyce Shanahan, City Manager Date Attachments: 1. United States Department of Agriculture NRCS Project Agreement 2. City Attorney - Letter of Opinion 2  STATE: Florida PROJECT: 5043 AGREENIENT NO.: 69- 4209- 5- 1670 UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE PROJECT AGREEMENT LOCALLY LED CONTRACTING THIS AGREEMENT is hereby entered into by and between the City ofFt.Walton Beach hereinafter called the Sponsor; and the Natural Resources Conservation Service, United States Department of Agriculture, hereinafter called NRCS. WITNESSETH THAT: WHEREAS, under the provisions of Section 216 of Public Law 81- 516, Emergency Watershed Protection Program, and Title IV of the Agricultural Credit Act of 1978, Public Law 95- 334, NRCS is authorized to assist the Sponsor in relieving hazards created by natural disasters that cause a sudden impairment of a watershed, and . WHEREAS, NRCS and the Sponsor agree to install emergency watershed protection damages created by Hurricane Ivan. . measures to relieve hazards and NOW, THEREFORE, in consideration of the premises and of the several promises to be faithfully performed by the parties hereto as set forth, the Sponsor and NRCS do hereby agree as follows: A. It is agreed that the following- described work is to be constructed at an estimated cost not to exceed $ 81, 300. Location Description DSR No. Ferry Road Park Debris removal to prevent flooding OK- OOII Sleepy. Oaks Road Debris removal to prevent flooding OK- 0041 Coral Ditch Debris removal to prevent flooding OK-0071 B. THE SPONSOR WILL: 1. Provide for accomplishment of the works of improvement described in Section A and provide for their completion within 180' days from the time that this agreement is executed and a notice to proceed is received. The Sponsor will provide NRCS a copy of any solicitation (Invitation for Bids, Request for Quotations, etc.), bid abstract, and awarded contract, or other basis of cost and accomplishment. 2. 0 of the actual cost of Provide cash contribution for any portion of the required 250/ constructing the emergency watershed protection measures described in Section A not provided by in-kind contribution described in B. 3. 1 3. Provide in-kind contribution ( design the project, develop specifications and drawings, let and administer contracts, provide construction materials, labor, equipment, and inspect work performed). The Sponsor shall obtain concurrence from NRCS for all in- kind construction services performed for the works of improvement. The maximum value of in-kind contribution will not exceed 25 percent of the actual cost of constructing the emergency watershed protection measures described in Section A. Actual cost of construction will consist of contracts awarded to contractors plus eligible Sponsor in-kind contributions of labor, materials and equipment. The Sponsor will provide records to support costs incurred by the Sponsor equal to the amount of the in- kind contribution reimbursed. 4. Accept all [ mancial and other responsibility for excess costs resulting from their failure to obtain or their delay in obtaining adequate land and water rights, permits, and licenses needed for the work described in Section A. 5. Provide certification ( signed NRCS- ADS- 78) that real property rights have been obtained for works of improvement described in Section A supported by an attorney' s opinion attached thereto. Certification shall be provided to NRCS prior to solicitation for installation of the works of improvement. 6. Take reasonable and necessary actions, including legal action, if required, to dispose of any and all contractual and administrative issues arising out of the contract( s) awarded under this agreement to include but not be limited to, disputes, claims, protests of award, source evaluation, and litigation that may result from the project, and bringing suit to collect from the contractor any moneys due in connection with the contract. Any monies collected will be distributed to the parties in the same ratio as contributions are made. 7. Comply with the requirements of the provisions included in Attachment A to this agreement. If applicable, complete the attached " Clean Air and Water Certification" included in Attachment A. 8. Hold a pre- design conference with the Sponsor, Sponsor' s design engineer, and NRCS. The design conference shall set forth design parameters concurred by both the Sponsor and NRCS. 9. Prepare a design, construction specifications, and drawings in accordance with standard engineering principles, design parameters set forth in the pre- design conference, and consideration ofNRCS review comments. One set of the final plans, specifications and Quality Assurance Plan shall be submitted to NRCS for review and concurrence prior to commence of work. The final construction plans and specifications plan shall be signed and sealed approved by a Professional Engineer registered in the State of Florida prior to submittal to NRCS. 10. Prior to commencement of work, prepare a Quality Assurance Plan ( QAP). The QAP shall outline technical and