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Date
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August 24,
2009
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Agenda
Item No. 11 Roll
Call No. 09- Communication No.
09-601 Submitted by: Jeb E. Brewer, P.E. City
Engineer |
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AGENDA HEADING:
Approving
and authorizing the execution of an amendment to the agreement between the City
of
SYNOPSIS:
Recommend
Council approval of the amendment to the agreement between
the City of Des Moines and the owners of the property at 1235 Davis
Avenue, Trelen J.
Wilson and Linda L. Bender, regarding construction of improvements to mitigate
severe soil erosion and landslides that occurred near
FISCAL IMPACT:
Amount: $157,067 Total Estimated Project Cost
Funding
Source:
2009-2010 CIP, Page
Storm-4, City-wide Storm Water Utility Projects, STE057, various funding being:
- $87,055.50
in Federal funds from the USDA-NRCS EWP Program Funds for 75% of
construction contract costs, not to exceed $88,350, per Agreement No.
69-6114-9-49.
- $9,285.92
in Federal funds for design and inspection costs from the USDA-NRCS EWP
Program Funds (maximum 8% of construction contract costs, not to exceed
$9,424) per Agreement No. 69-6114-9-49.
- $25,000
in Jump Start Funds from the adjacent property owner, as per existing
agreement with property owners Trelen Wilson and
Linda Bender.
·
$25,000 in private
contributions from the adjacent property owner, as per this agreement with the
property owners.
- $10,725.58 in Storm Water Utility funds from STE057, plus any
change orders or overages
ADDITIONAL INFORMATION:
During and subsequent to the heavy rains and
flooding in June 2008, severe soil erosion and landslides occurred near
The USDA-NRCS EWP Program funding calculation has been
revised and is now figured on the estimated construction cost ($117,800.00)
rather than the estimated project cost ($157,067.00) that included matching
funds. This revision was made by
USDA-NRCS after initially offering the City an agreement that would have
covered the entire construction cost of $117,800.00, which agreement was
approved by the City Council on June 8, 2009 (Roll Call No. 09-1005), but
thereafter deemed void by the USDA-NRCS. The revised EWP Agreement now covers
$88,350.00 of construction cost and $9,424.00 of design and administrative
costs for the project, and thus has created a shortfall of funding from the
USDA-NRCS for this project. A revised
USDA-NRCS Agreement was approved by the City Council on August 10, 2009,
subject to the approval of this Amendment to the Agreement with the property
owners at 1235 Davis Avenue. On August
10, 2009, the City Council also authorized bids for the 1235 Davis Avenue Soil
Stabilization project. No contract will
be awarded until the USDA-NRCS Agreement and this Amendment to the Property
Owner Agreement are approved and executed by all parties.
The amendment to the agreement between the City of
PREVIOUS COUNCIL ACTION(S):
Date:
August 10, 2009
Roll
Call Number: 09-1415
Action: Approving execution of revised United States Department of Agriculture (USDA) Natural Resources Conservation Service (NRCS) Project Agreement for the Emergency Watershed Protection Program and Operation and Maintenance Agreement for 1235 Davis Avenue Soil Stabilization. (Council Communication No. 09-581
) Moved by Hensley to adopt. Motion Carried 7-0.Action: Approving and authorizing the execution
of an agreement with Steven C. Wallace and Alyce A.
Wallace regarding 1706 Pennsylvania Avenue and to acquire necessary property
interests. (Council
Communication No. 09-108) Moved by Hensley to adopt. Motion carried 7-0.
Action: Authorization to submit grant application to U.S. Department
of Agriculture Emergency Watershed Protection Program for soil erosion prevention
and repair projects related to 2008 heavy rains and flooding. (Council
Communication No. 08-577) Moved
by Hensley to adopt. Motion Carried 7-0.
BOARD/COMMISSION
ACTION(S): NONE