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Home My WebLink About2009 04 27 Consent 200 Natural Resources Conservation Service (NRCS) Project Agreement Restoration of Waterways Damaged During Tropical Storm FayCOMMISSION AGENDA ITEM 200 Apri127, 2009 Meeting CONSENT X INFORMATIONAL PUBLIC HEARING REGU AR MGR /DEPT ,~~~~~ uthorization REQUEST: Public Works Department - Stormwater Division requests approval to execute Amendment No. 2 to the Project Agreement with the Natural Resources Conservation Service (MRCS) for the restoration of City waterways damaged during Tropical Storm Fay PURPOSE: The purpose of this agenda item is to request approval to execute Amendment No. 2 to the Project Agreement with the Natural Resources Conservation Service (MRCS) for the restoration of City waterways damaged during Tropical Storm Fay CONSIDERATIONS: • At the January 12, 2009 City Commission meeting, the Commission provided authorization to enter into a Project Agreement with the Natural Resources Conservation Service (MRCS) for restoration of City waterways damaged during Tropical Storm Fay. At the February 9, 2009 City Commission meeting, the Commission approved Amendment #1 to the Project Agreement, which increased the maximum construction cost to $400,000. • At the March 23, 2009 City Commission meeting, the Commission provided authorization to enter into contractual agreements for construction of the project with two contractors (CFE and ESI) in the total amount of $190,924.17, with a project contingency of up to $209,075.83. The construction contracts have been awarded and work is expected to be underway before Apri130, 2009. • This agenda item requests approval of Amendment #2 to the NRCS Project Agreement, which decreases the maximum construction cost by $180,000 from $400,000 to a new total of $220,000. This decrease was requested by NRCS based on the low bid prices and NRCS's need to re-allocate funds to other projects. Having the maximum construction cost at $220,000 reduces the project contingency from $209,075.83 to $29,075.83 which should 042709_COMM_Consent 200 NRCS Project_Agreement Amendment 2 Apri127, 2009 Consent Item 200 Page 2 of 2 still be sufficient for this project. NRCS has agreed that they will work with the City to provide additional funds above the proposed maximum of $220,000 if necessary due to any unforeseen changes during construction. Amendment #2 also increases the amount of in- kind technical services (consulting design fees) eligible for federal reimbursement from 7.5% to 12.5% of the actual cost of construction. PROJECT COSTS AND FUNDING: After Amendment #2, the total construction cost for the five projects listed above is up to $220,000. NRCS will fund 75% of the construction cost, or up to $165,000, and the City will be responsible for the remaining 25%, or up to $55,000. The City portion is funded by the Stormwater Utility Fund, as previously approved by the City Commission at the March 23, 2009 meeting. The updated project costs and funding sources are summarized as follows: Phase Cost Funding Source NRCS City Design $30,000 $27,500 $2,500 Construction $220,000 $165,000 $55,000 Total $250,000 $192,500 $57,500 RECOMMENDATION: Staff recommends the City Commission authorize the City Manager to execute Amendment No. 2 to the Project Agreement with Natural Resources Conservation Service for the restoration of City waterways damaged during Tropical Storm Fay, and decrease the project contingency from $209,075.83 to $29,075.83. ATTACHMENTS: 1. Amendment No. 2 to NRCS Project Agreement COMMISSION ACTION: AMENDMENT N0.2 To PROJECT AGREEMENT 69-4209-9-1705 Between CITY OF WINTER SPRINGS And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from Tropical Storm Fay. This amends the Project Agreement 69-4209-9-1705 between the above parties relative to the Tropical Storm Fay Emergency Watershed Protection Project. Clause A is amended to decrease the estimated construction cost by $180,000.00 and to read as follows: A. It is agreed that the following described works of improvement is to be constructed at an estimated cost not to exceed $220,000.00 Location Description DSR No. Bear Creek Stabilize eroded areas to prevent erosion and WS-SEM-OOIFAY remove debris to prevent flooding. Gee Creek Stabilize eroded areas to prevent erosion and WS-SEM-002FAY remove debris to prevent flooding. Clause B.8 is amended to increase the maximum value of in-kind technical services that will be reimbursed to the Sponsor from not to exceed 7.5 percent to not to exceed 12.5 percent and to read as follows: Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, inspect work performed, certify the completed work, and prepare as-built drawings). The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 12.5 percent of the actual eligible construction cost from contracts for constructing the emergency watershed protection measures described in Section A and in accordance with Section B.5 and B.6 of this agreement. Costs for in-kind technical services utilized for Sponsor in-kind construction services are not eligible for reimbursement. Clause C.2 is amended to increase the NRCS' reimbursement for the Sponsor in-kind technical services from not to exceed 7.5 percent to not to exceed 12.5 percent of the actual cost of constructing the emergency watershed protection measures and to read as follows. 2. Provide the value of the Sponsor in-kind technical services not to exceed 12.5 percent of the actual eligible construction cost from contracts for constructing the works of improvement described in Section A and computed as described in B.8. All other provisions of the Agreement remain unchanged. REMAINDER OF PAGE IS INTENTIONALLY BLANK 1 of 2 APPROVED: CITY OF WINTER SPRINGS By: _ Title: This Action is authorized at an official meeting of the on the day of , 2009 at State of Florida. Date: (Signature) Date: UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE By: Carlos Suarez Title: State Conservationist Date: Reviewed By: Lynn Merrill Title: Contracting Officer Date: 2 of 2 united 9fates Kle t Of Ayrienle n o NRCS Natural Resources Conservation Service Florida State Office 2614 NW 43rd Street Gainesville, Fl- 32606 RECEIVED MAY 12 2009 CITY OF WINTER SPRINGS OFFICE aI i%gM6WK FX 352-338-9578 www.tt.nres.usda.gov May 11, 2009 Brian Field, P.E. City Engineer City of Winter Springs 1126 East State Road 434 Winter Springs, Florida 32708-2799 RE: Project Agreement No. 69-4209-9-1705, Amendment No. 2 Dear Mr. Field: Enclosed is one (1) fully executed original copy of Amendment No. 2 to Project Agreement No. 69-4209-9-1705 between the City of Winter Springs and NRCS relative to the Emergency Watershed Protection Program. If you have any questions, please do not hesitate to call me at 352-338-9557. Sincerely, Jesse T. Wilson State Conservation Engineer Enclosure cc: Carlos Suarez, State Conservationist, Gainesville, Florida Bruce Hawkins, ASTC Administration, Gainesville, Florida Lynn Merrill, Contracting Officer, Gainesville, Florida Jeff White, Area Conservationist, Palmetto, Florida David Millard, District Conservationist, Cocoa Beach, Florida w/enclosure Elwyn Cooper, Project Engineer, Gainesville, Florida w/enclosure Helping People Help the Land M Equal OWw ally ProM w and Enq"w AMENDMENT NO.2 To PROJECT AGREEMENT 69-4209-9-1705 Between CITY OF WINTER SPRINGS And The UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION SERVICE RE: Emergency Watershed Protection project resulting from Tropical Storm Fay. This amends the Project Agreement 69-4209-9-1705 between the above parties relative to the Tropical Storm Fay Emergency Watershed Protection Project. Clause A is amended to decrease the estimated construction cost by $180,000.00 and to read as follows: A. It is agreed that the following described works of improvement is to be constructed at an estimated cost not to exceed $220,000.00 Location Description DSR No. Bear Creek Stabilize eroded areas to prevent erosion and WS-SEM-001FAY remove debris to prevent flooding. Gee Creek Stabilize eroded areas to prevent erosion and WS-SEM-002FAY remove debris to prevent flooding. Clause B.8 is amended to increase the maximum value of in-kind technical services that will be reimbursed to the Sponsor from not to exceed 7.5 percent to not to exceed 12.5 percent and to read as follows: 5. Provide in-kind technical services (survey the site, design the project, develop engineering plans and specifications, let and administer contracts, inspect work performed, certify the completed work, and prepare as-built drawings). The maximum value of in-kind technical services that will be reimbursed to the Sponsor will not exceed 12.5 percent of the actual eligible construction cost from contracts for constructing the emergency watershed protection measures described in Section A and in accordance with Section B.5 and B.6 of this agreement. Costs for in-kind technical services utilized for Sponsor in-kind construction services are not eligible for reimbursement. Clause C.2 is amended to increase the NRCS' reimbursement for the Sponsor in-kind technical services from not to exceed 7.5 percent to not to exceed 12.5 percent of the actual cost of constructing the emergency watershed protection measures and to read as follows. 2. Provide the value of the Sponsor in-kind technical services not to exceed 12.5 percent of the actual eligible construction cost from contracts for constructing the works of improvement described in Section A and computed as described in B.B. All other provisions of the Agreement remain unchanged. REMAINDER OF PAGE IS INTENTIONALLY BLANK 1 of 2 APPROVED: CITY OF WINTER SPRINGS By: Kevin L. Smith Title: City Manager Date: 4/30/09 This Action is authorized at an official meeting of the City Commission on the 27th day of April 2009 at Winter Springs, Florida State of Florida. Date: -74 a o/0 ? (Sign e) UNITED STATES DEPARTMENT OF AGRICULTURE NATURAL RESOURCES CONSERVATION By: Carlos Suarez Title: State Conservationist Date: "8- SERVICE r Reviewed By: errill Title: Contracting Off& r Date: S-. -) d 2 of 2