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HomeMy Public PortalAboutTybee LOA for GIS Mapping of Stormwater Water Sanitary Sewer System PLANNING ASSISTANCE TO STATES PROGRAM LETTER OF AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF TYBEE ISLAND, GEORGIA PLANNING ASSISTANCE TO STATES AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF TYBEE ISLAND, GEORGIA FOR STORM SEWER SYSTEM, WATER DISTRIBUTION SYSTEM, AND SANITARY SEWER SYSTEM GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING THIS AGREEMENT is entered into this ______ day, of _________, 20__, by and between the Department of the Army (hereinafter the "Government"), represented by the District Engineer executing this Agreement, and the City of Tybee Island, Georgia (hereinafter the "Sponsor"), represented by the Mayor executing the Agreement. WITNESSETH, that WHEREAS, Section 22 of the Water Resources Development Act (“WRDA”)of 1974 (Public Law 93-251), as amended, authorizes the Secretary of the Army, acting through the Chief of Engineers, to assist the States, as therein defined, in the preparation of comprehensive plans for the development, utilization and conservation of water and related resources of drainage basins, watersheds or ecosystems located within the boundaries of such State; WHEREAS, section 319 of the WRDA of 1990 (Public Law 101-640) authorizes the Secretary of the Army to collect fees from States and other non-Federal governmental entities for the purpose of recovering 50 percent of the cost of the program established by WRDA of 1974, Section 22; WHEREAS, the Sponsor has reviewed the State's comprehensive water plans and identified the need for planning assistance as described in the Scope of Work incorporated into this agreement; WHEREAS, the Sponsor has the authority and capability to furnish the cooperation hereinafter set forth and is willing to participate in the study cost-sharing and financing in accordance with the terms of this Agreement; and WHEREAS, Section 208(1) of WRDA of 1992, Public Law 102-580 (codified at 42 U.S.C. Section 1962d-16(b)(2)), authorizes the Sponsor to contribute up to one-half (½) of the non-Federal contribution for preparation of the Scope of Work incorporated into this Agreement by the provision of services, materials, supplies or other in-kind services necessary to prepare the Scope of Work. NOW THEREFORE, the parties agree as follows: ARTICLE I - DEFINITIONS For the purposes of this Agreement: A. The term "Study Costs" shall mean all disbursements by the Government pursuant to this Agreement, from Federal appropriations or from funds made available to the Government by the Sponsor and all negotiated costs of work performed by the Sponsor pursuant to this Agreement. Study Costs shall include, but not be limited to: labor charges; direct costs; overhead expenses; supervision and administration costs; the costs of participation in Study Management and Coordination in accordance with Article IV of this Agreement; the costs of contracts with third parties, including termination or suspension charges; and any termination or suspension costs (ordinarily defined as those costs necessary to terminate ongoing contracts or obligations and to properly safeguard the work already accomplished) associated with this Agreement. B. The term "estimated Study Costs" shall mean the estimated cost of performing the Study as of the effective date of this Agreement, as specified in Article III.A. of this Agreement. C. The term "study period" shall mean the time period for conducting the Study, commencing with the release to the U.S. Army Corps of Engineers Savannah District of initial Federal funds following the execution of this Agreement and ending when the Savannah District provides the planning report to the Sponsor. D. The term “Scope of Work"(SOW) means a description of the work to be performed. The SOW will be attached to this Agreement and not be considered binding on either party and is subject to change by the Government, in consultation with the Sponsor. E. The term "fiscal year" shall mean one fiscal year of the Government. The Government fiscal year begins on October 1 and ends on September 30. F. The term "negotiated costs" shall mean the costs of in-kind services to be provided by the Sponsor in accordance with the SOW. ARTICLE II - OBLIGATIONS OF PARTIES A. The Government, subject to receiving funds appropriated by the Congress of the United States (Congress), using funds and in-kind services provided by the Sponsor and funds appropriated by the Congress, shall expeditiously prosecute and complete the Study, in accordance with the provisions of this Agreement and Federal laws, regulations, and policies. B. In accordance with this Article and Article III.A., III.B. and III.C. of this Agreement, the Sponsor shall contribute cash and in-kind services equal to fifty (50) percent of Study Costs. If agreeable to all parties, in-kind services may comprise fifty (50) percent of the Sponsor’s contributions. The in-kind services to be provided by the Sponsor, the estimated negotiated costs for those services, and the estimated schedule under which those services are to be provided are specified in the Scope of Work. Negotiated costs shall be subject to an audit by the Government to determine reasonableness, allocability, and allowability. C. The Sponsor understands that the schedule of work may require the Sponsor to provide cash or in-kind services at a rate that may result in the Sponsor temporarily diverging from the obligations concerning cash and in-kind services specified in paragraph B. of the Article. Such temporary divergences shall be identified in the quarterly reports provided for in Article III.A. of this Agreement and shall not alter the obligations concerning costs and services specified in paragraph B. of the Article or the obligations concerning payment specified in Article III of this Agreement. D. If, upon the award of any contract or the performance of any in-house work for the Study by the Government, cumulative financial obligations of the Government and the Sponsor would exceed $86,324, the Government and the Sponsor agree to defer award of that and all subsequent contracts, and performance of that and all subsequent in-house work, for the Study until the Government and the Sponsor agree to proceed. Should the Government and the Sponsor require time to arrive at a decision, the Agreement will be suspended in accordance with Article X., for a period of not to exceed six months. In the event the Government and the Sponsor have not reached an agreement to proceed by the end of their 6-month period, the Agreement may be subject to termination in accordance with Article X. E. No Federal funds may be used to meet the Sponsor’s share of Study Costs unless the Federal granting agency verifies in writing that the expenditure of such funds is expressly authorized by statute. F. The award and management of any contract with a third party in furtherance of this Agreement which obligates Federal appropriations shall be exclusively within the control of the Government. The award and management of any contract by the Sponsor with a third party in furtherance of the Agreement which obligates funds of the Sponsor and does not obligate Federal appropriations shall be exclusively within the control of the Sponsor, but shall be subject to applicable Federal laws and regulations. G. Notwithstanding any provision of this Agreement, this Agreement and the Government’s obligations hereunder shall not be effective and will not commence until Federal funds have been appropriated and allocated to the District Engineer, U.S. Army Corps of Engineers Savannah for the implementation of this study. In the event that Federal funds are allocated to the District Engineer for this study after the date that the parties hereto execute this Agreement, the effective date of this Agreement shall be the date that funding approval is provided to the District Engineer. ARTICLE III - METHOD OF PAYMENT A. The Government shall maintain current records of contributions provided by the parties, current projections of Study Costs, current projections of each party's share of Study Costs. At least quarterly, the Government shall provide the Sponsor a report setting forth this information. As of the effective date of this Agreement, estimated Study Costs are $86,324 and the Sponsor’s share of estimated Study Costs is $43,162. In order to meet the Sponsor’s cash payment requirements for its share of estimated Study Costs, the Sponsor must provide a cash contribution currently estimated to be $31,770. The dollar amounts set forth in this Article are based upon the Government's best estimates, which reflect the scope of the study described in the SOW, projected costs, price-level changes, and anticipated inflation. Such cost estimates are subject to adjustment by the Government and are not to be construed as the total financial responsibilities of the Government and the Sponsor. B. The Sponsor shall provide its cash contribution required under Article II.B. of this Agreement in accordance with the following provisions: 1. No later than 30 days prior to the scheduled date for the Government's issuance of the solicitation for the first contract for the Study or for the Government's anticipated first significant in-house expenditure for the Study, the Government shall notify the Sponsor in writing of the funds the Government determines to be required from the Sponsor to meet its share of Study Costs. No later than 15 days thereafter, the Sponsor shall provide the Government the full amount of the required funds by delivering a check payable to "FAO, USACE, Savannah District” to the District Engineer or an Electronic Funds Transfer in accordance with procedures established by the Government. 2. The Government shall draw from the funds provided by the Sponsor such sums as the Government deems necessary to cover the Sponsor’s share of contractual and in-house financial obligations attributable to the Study as they are incurred. 3. In the event the Government determines that the Sponsor must provide additional funds to meet its share of Study Costs, the Government shall so notify the Sponsor in writing. No later than 60 days after receipt of such notice, the Sponsor shall provide the Government with a check or an Electronic Funds Transfer for the full amount of the additional required funds. C. Within 90 days after the conclusion of the Study Period or termination of this Agreement, the Government shall conduct a final accounting of Study Costs, including disbursements by the Government of Federal funds, cash contributions by the Sponsor, and credits for the negotiated costs of the Sponsor, and shall furnish the Sponsor with the results of this accounting. Within 30 days thereafter, the Government, subject to the availability of funds, shall reimburse the Sponsor for the excess, if any, of cash contributions and credits given over its required share of Study Costs, or the Sponsor shall provide the Government any cash contributions required for the Sponsor to meet its required share of Study Costs. ARTICLE IV - STUDY MANAGEMENT AND COORDINATION To provide for consistent and effective communication, the Government’s Project Manager for the Study and the Sponsor’s designated representative shall communicate regularly until the end of the Study Period. ARTICLE V - DISPUTES As a condition precedent to a party bringing any suit 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 nonbinding 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. 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. ARTICLE VI - MAINTENANCE OF RECORDS AND AUDIT A. Within 60 days of the effective date of this Agreement, the Government and the Sponsor shall develop procedures for keeping books, records, documents, and other evidence pertaining to costs and expenses incurred pursuant to this Agreement. These procedures shall incorporate, and apply as appropriate, the standards for financial management systems set forth in the Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments at 32 C.F.R. Section 33.20. The Government and the Sponsor shall maintain such books, records, documents, and other evidence in accordance with these procedures and for a minimum of three years after the period of design and resolution of all relevant claims arising therefrom. To the extent permitted under applicable Federal laws and regulations, the Government and the Sponsor shall each allow the other to inspect such books, documents, records, and other evidence. B. In accordance with 31 U.S.C. Section 7503, the Government may conduct audits in addition to any audit that the Sponsor is required to conduct under the Single Audit Act. Any such Government audits shall be conducted in accordance with Government Auditing Standards and the cost principles in OMB Circular No. A-87 and other applicable cost principles and regulations. The costs of Government audits shall be included in total Study Costs and cost shared in accordance with the provisions of this Agreement. ARTICLE VII - RELATIONSHIP OF PARTIES The Government and the Sponsor act in independent capacities in the performance of their respective rights and obligations under this Agreement, and neither is to be considered the officer, agent, or employee of the other. ARTICLE VIII - OFFICIALS NOT TO BENEFIT No member of or delegate to the Congress, nor any resident commissioner, shall be admitted to any share or part of this Agreement, or to any benefit that may arise therefrom. ARTICLE IX - FEDERAL AND STATE LAWS In the exercise of the Sponsor’s rights and obligations under this Agreement, the Sponsor agrees to comply with all applicable Federal and State laws and regulations, including Section 601 of Title VI of the Civil Rights Act of 1964 (Public Law 88-352) and Department of Defense Directive 5500.11 issued pursuant thereto and published in 32 C.F.R. Part 195, as well as Army Regulations 600-7, entitled "Nondiscrimination on the Basis of Handicap in Programs and Activities Assisted or Conducted by the Department of the Army." ARTICLE X - TERMINATION OR SUSPENSION A. This Agreement shall terminate at the conclusion of the Study Period, and neither the Government nor the Sponsor shall have any further obligations hereunder, except as provided in Article III.C.; provided, that prior to such time and upon 30 days written notice, either party may terminate or suspend this Agreement. In addition, the Government shall terminate this Agreement immediately upon the failure of the parties to extend the study under Article II.D. of the Agreement, or upon failure of the Sponsor to fulfill its obligation under Article III. of this Agreement. In the event that either party elects to terminate this Agreement, both parties shall conclude their activities relating to the Study and proceed to a final accounting in accordance with Article III.C. of this Agreement. Upon termination of this Agreement, all data and information generated as part of the Study shall be made available to both parties. B. Any termination of this Agreement shall not relieve the parties of liability for any obligations previously incurred, including the costs of closing out or transferring any existing contracts. ARTICLE XI – LIMITATION ON GOVERNMENT EXPENDITURE In accordance with Section 22 of WRDA of 1974, as amended, Government financial participation in the cooperative preparation of comprehensive plans for development, utilization, and conservation of water and related resources pursuant to said authority shall be limited to the expenditure of not more than $500,000 in any one year in any one State. IN WITNESS WHEREOF, the parties hereto have executed this Agreement, which, subject to the provisions of Article II.G. of this Agreement, shall become effective upon the date it is signed by the District Engineer for the U.S. Army Corps of Engineers, Savannah District. DEPARTMENT OF THE ARMY CITY OF TYBEE ISLAND, GEORGIA: ______________________ _________________________ MARK S. HELD Jason Buelterman Colonel, US Army Mayor District Engineer City of Tybee Island Savannah District __________ _________ Date Date CERTIFICATE OF AUTHORITY I, ____________________________, do hereby certify that I am the principal legal officer of the City of Tybee Island and that the City of Tybee Island 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 City of Tybee Island in connection with the GIS Mapping Of Water Dependent Infrastructure, and that the person who has executed this Agreement on behalf of the City of Tybee Island has acted within his/her statutory authority. IN WITNESS WHEREOF, I have made and executed this certification this _____ day of ______________________, 2_____. Jason Buelterman Mayor City of Tybee Island SCOPE OF WORK CITY OF TYBEE ISLAND, GA STORM SEWER SYSTEM, WATER DISTRIBUTION SYSTEM, AND SANITARY SEWER SYSTEM GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING Background The City of Tybee Island, GA must develop an inventory and map of: Major outfalls and readily apparent storm water control structures including catch basins and detention basins Water distribution system including mains, fire hydrants, and meter tap locations Sanitary Sewer System including mains, man holes, and service tie points. This Scope of Work (SOW) describes a plan to gather inventory information and prepare mapping of these systems operated by the City of Tybee Island, GA. Scope of Work This SOW includes gathering available record information and converting this information into a geospatially referenced database that will be suitable for use as an inventory of facilities and for mapping purposes. This SOW is intended to provide the City of Tybee Island, GA with a percentage of the inventory data and mapping as required for GIS. The USACE will use data provided by the City of Tybee Island, GA or its designated agent to create GIS layers for the Storm Water, Water Distribution, and Sanitary Sewer systems based on the Spatial Data Standard for Facilities, Infrastructure and Environment (SDSFIE). This effort may be split into multiple phases over multiple fiscal years based on the number of as-built drawings and available funding. Existing aerial photography and/or planimetrics of roads and buildings from Chatham County will be used as the base data for the features to be provided under this project. Tasks Record drawings of each system will be digitally scanned. A digital catalog of the scanned images will be created based on title block information. Storm Water 89 Water Distribution 89 Sanitary Sewer 89 All or a portion of the scanned record drawings will be geo-referenced. Storm Water 89 Water Distribution 89 Sanitary Sewer 89 SDSFIE compliant GIS layers will be created for the following features: Storm Water – 89 Sheets Pipes Manholes Inlets Outfalls Pump Stations Retention Ponds Open channels (ditches) Headwalls Water Distribution – 89 Sheets Water Mains Fire Hydrants Valves Meter Tap Points Meter Location if available without survey Sanitary Sewer – 89 Sheets Sewer Mains Manholes Lift Stations Service tap points Treatment plants Note: The above information will be developed from as-built drawings and no field survey is included. A user’s manual will be prepared detailing procedures used to create the utility data sets and recommended procedures for maintaining the dataset. The USACE will coordinate with city personnel or their approved agent to assure maintenance procedures are in place. Deliverables The USACE will provide all GIS data layers on CD-ROM. The USACE will provide 2 copies of electronic data. The City of Tybee Island, GA will provide a CD with scanned images and an image catalog. COST ESTIMATE CITY OF TYBEE ISLAND, GA STORM SEWER SYSTEM, WATER DISTRIBUTION SYSTEM, AND SANITARY SEWER SYSTEM GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING Task  Cost per Sheet Number of Sheets  Cost       Scan and Index Sheets  $18 89  $1,602       GeoRectify Sheet $110 89  $9,790       Input Storm System into GIS     First 25 % $330 22  $7,343  Remainder  $225 67  $15,019       Input Water System into GIS     First 25 %  $330 22  $7,343  Remainder  $225 67  $15,019       Input Sanitary Sewer into GIS     First 25 %  $330 22  $7,343  Remainder  $225 67  $15,019       Subtotal    $78,476       Project Mgmt, Travel, Reports @10%    $7,848       Total    $86,324   Note: Experience indicates that the first 25 percent of the furnished as-builts will require more man-hours to complete than the last 75 percent. This is reflected in the estimate provided. Cost Sponsor Cash Match Sponsor In-Kind Services Match USACE Services Match   $86,324  $11,392  $31,770  $43,162   SCHEDULE CITY OF TYBEE ISLAND, GA STORM SEWER SYSTEM, WATER DISTRIBUTION SYSTEM, AND SANITARY SEWER SYSTEM GEOGRAPHICAL INFORMATION SYSTEM (GIS) MAPPING This project will begin upon signature approval and receipt of funds of the agreement between the Department of Defense and the City of Tybee Island, GA. Information consisting of record documents will be provided to the USACE within 10 calendar days following signature approval. USACE will provide an online WEB site for review of accuracy and progress of work. This service will be terminated at the completion of the project. The target date for completion will be 18 months from the date of signature approvals and receipt of funding.