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Cost Share - 2007 - Planning Assistance Between The US Army Corps Of Engineers /City Of Eagle - 11/20/2007 COST SHARING AGREEMENT FOR PLANNING ASSISTANCE BETWEEN THE U S. ARMY CORPS OF ENGINEERS AND THE CITY OF EAGLE, IDAHO l1f THIS AGREEMENT, entered into this 26 -day of fJl.:.A/kBL--L , 2007, by and between the United States of America (hereinafter called the "Government"), represented by the Walla Walla District Engineer, and the City of Eagle, Idaho (hereinafter called the "Sponsor"). WITNESSETH, that WHEREAS, the Congress has authorized the Corps of Engineers in Section 22 of the Water Resources Development Act of 1974 (Public Law 93-251) as amended, to assist the States and Indian Tribes in the preparation of comprehensive plans for the development, utilization, and conservation of water and related land resources; and WHEREAS, Section 319 of the Water Resources Development Act of 1990 (Public Law 101-640), and codified at 42 USC 1962d-16, authorized the Government to collect from non-federal entities fees for the purpose of recovering fifty (50) percent of the cost of the program, and WHEAREAS, Section 208 of the Water Resources Development Act of 1992 amendment, included a provision to allow the Government to accept in-kind services from the study sponsor in an amount not to exceed fifty (50) percent of the sponsor's cost share; and WHEREAS, the Sponsor has reviewed the State's comprehensive water plans and identified the need for the planning assistance as described in a Scope of Work, attached to this agreement as Appendix A; and WHEREAS, the Sponsor has the authority and capability to furnish the performance and cooperation hereinafter set forth and is willing to participate in study cost-sharing and financing in accordance with the terms of this agreement; NOW THEREFORE, the parties agree as follows: 1. The Government, using funds contributed by the Sponsor and appropriated by the Congress, shall expeditiously prosecute and complete a floodplain study for Dry Creek, estimated to be completed within six months from the time that funds are available, substantially in compliance with the Scope of Work, dated November 8, 2007, attached as Appendix A and incorporated herin by reference, and in conformity with applicable Federal laws and regulations and generally acceptable standards of engineering practice. 2. The total cost of the planning study is estimated to be $126,900, as specified in the cost estimate attached as Appendix B. The Government shall contribute fifty (50) percent of all study costs, which is currently estimated to be $63,450. The Sponsor shall contribute $58,450 in cash and an estimated $5,000 as in-kind service work. Prior to any work being performed, the Sponsor agrees to provide required funds for Fiscal Year 2008 in the amount of $58,450 to the Government. The Sponsor shall make the full amount available to: Finance and Accounting Officer, USAED, Walla Walla 201 North 3rd Avenue Walla Walla, Washington 99362 Any sponsor funding not spent shall be deobligated and returned to the Sponsor. Upon request of the Sponsor, the Government shall provide satisfactory evidence of the completed work or services to the Sponsor. 3. No Federal funds may be used to meet the local Sponsor share of study costs, including the funding of the sponsor's in-kind costs, under this Agreement unless the expenditure of such funds is expressly authorized by statute as verified by the granting agency. 4. The Government, subject to and using funds appropriated by the Congress of the United States and using funds provided by the City of Eagle, Idaho, shall expeditiously prepare a planning study in accordance with the scope defined in Appendix A. In the event the Government identifies a need for additional funds, the Government will notify the Sponsor to determine a plan of action for obtaining additional funds or reducing the scope. 5. IN KIND SERVICES: The sponsor may contribute fifty (50) percent of the sponsor costs as in-kind labor, which is documented in Appendix B of this agreement. Under the current scope, the Sponsor in-kind contribution is anticipated to be $5,000. 6. As a condition precedent to a party bringing suit in the United States court of competent jurisdiction, for breach of this agreement, that party must first notify the other party in writing of the nature of the purported breach and seek in good faith to resolve the dispute through negotiation. If the parties cannot resolve the dispute through negotiation, they may agree to a mutually acceptable method of non-binding alternative dispute resolution with a qualified third party acceptable to both parties. The parties shall each pay 50 percent of any costs for the services provided by such a third party as such costs are incurred costs (subject to availability of Corps appropriations). Such costs shall not be included in Study Costs. The existence of a dispute shall not excuse the parties from performance pursuant to this Agreement. 7. This agreement may be terminated at any time by either party if either party fails to fulfill its obligations under this agreement. The District Engineer shall terminate this 2 agreement or suspend future performance under this agreement unless he/she determines that continuation of the work is in the interest of the United States. 8. In the event that anyone or more of the provisions of this agreement is found to be invalid, illegal, or unenforceable, by a United States court of competent jurisdiction, the validity of the remaining provisions shall not in any way be affected or impaired and shall continue in effect until the agreement is completed. 9. This agreement shall become effective upon the signature of both parties. For the City of Eagle: For the U. S. Army Corps of Engineers: By: A4 tfI--- Lieutenant Colonel nthony J. Hofmann Title: District Commander Date: :-rtfaLJL/0L'-;Z(') ,:k:2c7l / Date: 2, tJf-e- f/'") 3 CERTIFICATE OF AUTHORITY I, ~stfIJ E7. ~70AJ , do hereby certify that I am the principal legal officer of the CITY OF EAGLE, IDAHO, that the CITY OF EAGLE is a legally constituted public body with full authority and legal capability to perform the terms of the Agreement between the Department of the Army and the CITY OF EAGLE, in connection with the Planning and Design Activities associated with the Dry Creek Floodplain Study, and to pay damages in accordance with the terms of this Agreement, if necessary, in the event of the failure to perform, as required by Section 221 of Public Law 91-611 (42 U.S.C. 1962d-5b), and that the persons who have executed this Agreement on behalf of the CITY OF EAGLE, have acted within their statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this 20 {J- day of N~ 2007. - ~ City of Eagle, Idaho 4 CERTIFICATION REGARDING LOBBYING The undersigned certifies, to the best of his or her knowledge and belief that: (1) No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. (2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form- LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. DATE: 5 Appendix A Dry Creek Floodplain Study Eagle, Idaho Scope of Work November 8, 2007 Backqround The City of Eagle, Idaho requested assistance from the US Army Corps of Engineers, Walla Walla District for a floodplain study on Dry Creek as it runs through the City. This study will be prepared under Section 22 of the Water Resources Development Act of 1974, as amended. This program provides authority for the Corps to provide planning assistance to states and tribes. The Planning Assistance to States (PAS) Program allows the Corps to use its technical planning expertise to supplement and support state and Indian tribe efforts to undertake broad, statewide, comprehensive water resources planning. Scooe The study will involve a floodplain study of Dry Creek upstream from Floating Feather Road to Beacon Light Road in the City of Eagle, Idaho. The Corps will prepare 22 valley sections, two profiles and five bridge details and associated channel section transect surveys needed for hydraulic analysis of this section of Dry Creek, using an existing Corps survey contract. The City will provide assignable rights-of-entry to the Corps for access needed to complete the required field survey work. The Corps Hydrology staff will develop open channel hydraulics for an approximate 2-mile reach. No new hydrology will be developed. The new study will blend in with existing upstream and downstream studies. Hydraulics will include 1%, 0.2% profiles and f1oodway. The study could be submitted by the City to FEMA for map revision. Estimated cost is $126,900. A detailed estimate is provided in Appendix B. The study is estimated to be complete in 6 months from receipt of sponsor funds. A schedule is provided in Appendix C. 6 Appendix B Dry Creek Floodplain Study Eagle, Idaho Cost Estimate Obtain survey data Survey 22 valley sections, two profiles, and five bridge detail and associated channel section transect surveys A-E prime contractor A-E photogrammetric firm Corps Contracting Division Corps contract administration Subtotal- surveys 41,000 31,000 1,000 6,000 $79,000 Obtain rights of entry for survey crew, coordination with landowners City - in-kind $5,000 Hydraulic analysis Develop open channel hydraulics for an approximate 2-mile reach from Floating Feather Road to Beacon Light Road with an estimated 22 cross sections and 5 bridge sections. The new study will be blended in with existing upstream and downstream studies. Hydraulics will include 1 %, 0.2% profiles and f1oodway. Hydraulic engineer, GS-12 Hydrologic technician, GS-08 Supervision Vehicle for site visit Per diem Reprographics Subtotal Hydraulic analysis 300 hrs @$92/hr 60 hrs @ $63/hr 24 hrs @$112/hr 3 days @$60/day 3 days @$128/day 27,600 3,780 2,688 180 384 300 $34,932 Project management/agreement development Project manager 16 hrs @123/hr $1,968 $120,900 $6,000 $126,900 $63,450 $63,450 $5,000 $58,450 Subtotal Contingency - 5% TOTAL Federal share = 50% Non-Federal share = 50% Non-Federal work in kind Non-Federal cash 7 Appendix C Dry Creek Floodplain Study Eagle, Idaho Proposed Schedule The study will commence upon the signing of the PAS agreement and the delivery of funds to the Walla Walla District Corps. The study is anticipated to be complete in June 2008. 8 20 Dee 2007 4 Jan 2008 25 Jan 2008 10 Mar 2008 31 Mar 2008 4 Jul 2008 17 Jul 2008 31 Jul 2008 DEPARTMENT OF THE ARMY WALLA WALLA DISTRICT, CORPS OF ENGINEERS 201 NORTH THIRD AVENUE WALLA WALLA, WASHINGTON 99362-1876 f' ! : RECEIVED & FILEij . CITY OF EAGLE REPLY TO ATTENTION OF JAN 0 7 2008 .t:jje: I 1Route to: "'-'-".'--.--,--",,--,~~,.,,-- January 4, 2008 Mr. Mike Mongelli City of Eagle PO Box 1520 Eagle, Idaho 83616 ~ Dear Mr. Mongelli, I am enclosing two original copies of the signed Cost Sharing Agreement for planning assistance between the City of Eagle and the Corps of Engineers for your records. This agreement was signed by the Corps on December 26,2007. Upon receipt of the City's cost share of $58,450, the Corps can begin working with City staff on the agreed upon scope of work for the Dry Creek floodplain study. As stated in the agreement, the check should be made out to: Finance and Accounting Officer, USAED, Walla Walla 201 North 3rd Avenue Walla Walla, WA 99362 If you have any questions, please do not hesitate to call me at 208-345-2065. t\ltl~tLv ~~tG? Debbie Willis Project Manager Enclosure Printed on @ Recycled Paper