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Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Department of the Army/U.S. Army Corps of EngineersCity of Dubuque City Council Meeting Consent Items # 015. Copyrighted November 6, 2023 ITEM TITLE: Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Department of the Army/U.S. Army Corps of Engineers SUMMARY: City Manager recommending City Council approval to amend the agreement with the U. S. Department of the Army for the U. S. Army Corps of Engineers (USACE) to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project and give authorization to the Mayor to execute Amendment No. 1. RESOLUTION Authorizing the execution of Amendment No. 1 to Agreement with the Department of the Army to collaborate on stabilization and protection of the force main along the Mississippi River SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description Type MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Amendment No. 1 Supporting Documentation THE C Dubuque DUj!BQTE WAWca 914 Masterpiece on the Mississippi YP pp aoo�•o 13 zai7*20*�oi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Department of the Army/U.S. Army Corps of Engineers DATE: November 1, 2023 City Engineer Gus Psihoyos is recommending City Council approval to amend the agreement with the U. S. Department of the Army for the U. S. Army Corps of Engineers (USACE) to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project and give authorization to the Mayor to execute Amendment No. 1. The repair of the sanitary sewer force main joints is estimated to cost approximately $75,000.00. Funding for the joint repairs will be from the FY23 budget appropriation in the amount of $1,933,352.05 for Force Main Stabilization (Project 5581500014). I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 vij�� Mic ael C. Van Milligen MCVM:sv Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Jenny Larson, Chief Financial Officer Arielle Swift, Public Works Director Teri Goodmann, Director of Strategic Partnerships Bob Schiesl, Assistant City Engineer Steve Sampson Brown, Project Manager Deron Muehring, Civil Engineer THE CITY OF Dubuque DUB E Akl•Ameriu Cily w.11 II iece on the Mississippi Masterpiece pp �oo�.zv� 2-2013 zoi7*2019aig TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Force Main Stabilization Project, Amendment No. 1 to Agreement with the U.S. Department of the Army/U.S. Army Corps of Engineers DATE: October 28, 2023 INTRODUCTION The purpose of this memorandum is to seek authorization to amend the agreement with the U. S. Department of the Army for the U. S. Army Corps of Engineers (USACE) to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project. BACKGROUND The City's 42-inch diameter sanitary sewer force main was constructed in 1977 with about 3,000 feet located along the banks of the Mississippi. It carries approximately 65 percent (65%) of the City's daily average flows to the Water and Resource Recovery Center. Over the years, erosion of the banks of the Mississippi have reduced the ground cover (and protection) to the point where the pipe is showing in a few places. Because the flow is under pressure, if the force main was to be ruptured, it would result in the discharge of thousands of gallons of untreated wastewater directly into the Mississippi. In February of 2021, the City adopted Resolution 41-21 authorizing entering into an agreement with the US Department of the Army for the USACE to proceed with a planning and design analysis to identify and evaluate alternatives and a recommendation of a coordinated and implementable solution for the Force Main Stabilization Project. In March of 2022, the USACE completed its Final Feasibility Report for the Dubuque Forced Sewer Main identifying improvements to stabilize and protect the City 42-inch force main. The recommended improvements involve the placement of approximately 3,000 linear feet of riprap revetment on the eroding bank of the Mississippi to resist erosive forces and protect the City's sanitary sewer force main. Section 14 of the Flood Control Act of 1946 (Section 14) authorizes the USACE to undertake construction, repair, restoration, and modification of emergency streambank and shoreline protection projects. In March of 2022, the design and construction of the sanitary sewer Force Main Stabilization Project was approved by the Commander for Rock Island District of the USACE in accordance with a Project Partnership Agreement provided by the USACE. Per the Agreement, the estimated cost of the project was $5,216,000, with the USACE's share projected to be $3,390,400 and the City share projected to be $1,825,600. In December of 2022, the City Council adopted Resolution 368-22 authorizing the City to enter into an agreement with the US Department of the Army for the USACE to design and contract the improvements associated with the City's sanitary sewer Force Main Stabilization Project. In August of 2023, the City Council authorized the mayor to send a letter to the U.S. Department of the Army requesting that the sanitary sewer joint repairs are included as part of the Force Main Stabilization Project. DISCUSSION The USACE is working to complete the 65% construction plans and contract documents for the Sanitary Sewer Force Mains Stabilization Project (the "Project"). City staff members have been afforded the opportunity to review the plans and provide input. As part of that process, the condition of exposed sewer joints was discussed. The consensus was that it would be prudent to make any necessary repairs to those joints as part of the Project. However, because the sanitary sewer joint repairs fall outside the scope of the USACE work, the cost of the joint repairs would be entirely the City's responsibility. To include the joint repairs in the contract for the Sanitary Sewer Force Mains Stabilization Project, the agreement with the U.S. Department of the Army must be amended. The USACE has provided the City with Amendment No. 1 to the agreement for the City's consideration. RECOMMENDATION I recommend execution of Amendment No. 1 to the agreement between the U.S. Department of the Army and the City to include the sanitary sewer joint repairs as part of the Force Main Stabilization Project. BUDGET IMPACT The repair of the sanitary sewer force main joints is estimated to cost approximately $75,000.00. Funding for the joint repairs will be from the FY23 budget appropriation in the amount of $1,933,352.05 for Force Main Stabilization (Project 5581500014). ACTION TO BE TAKEN I respectfully request authorization for the mayor to execute Amendment No. 1 to the agreement between the U.S. Department of the Army and the City to include sanitary sewer joint repairs as part of the Force Main Stabilization Project. Attach. Prepared by Deron Muehring Cc: Crenna Brumwell, City Attorney Jenny Larson, Chief Financial Officer Arielle Swift, Public Works Director Teri Goodman, Director of Strategic Partnerships Bob Schiesl, Assistant City Engineer Steve Sampson Brown, Project Manager Deron Muehring, Civil Engineer 2 Prepared by Deron Muehring Civil Engineer, 50 W. 13" St Dubuque, 1A 52001 (563) 589-4276 Return to Adrienne N. Breitfelder, City Clerk, 50 W. 131h St., Dubuque, IA 52001, (563) 589-4100 RESOLUTION NO. 362-23 AUTHORIZING THE EXECUTION OF AMENDMENT NO. 1 TO AGREEMENT WITH THE DEPARTMENT OF THE ARMY TO COLLABORATE ON STABILIZATION AND PROTECTION OF THE FORCE MAIN ALONG THE MISSISSIPPI RIVER WHEREAS, the City recognizes the need to stabilize and protect the City's sanitary sewer force main that runs along the Mississippi River; and WHEREAS, the Continuing Authorities Program— Section 14 of the 1946 Flood Control Act authorizes the protection of the Forced Sewer Main for the City, Iowa; and WHEREAS, the Water Resources Development Act of 1986, Public Law 99-662, as amended (33 U.S.C. 2215(a)), specifies the cost -sharing requirements; and WHEREAS, in December of 2022, the City entered into an agreement with the U. S. Department of the Army that authorizes the U. S. Army Corps of Engineers to proceed with designing and constructing the Force Main Stabilization Project; and WHEREAS, the City sent a letter to the U. S. Department of the Army requesting to include the design and repair of sanitary sewer force main joints as part of the Force Main Stabilization Project; and WHEREAS, the U. S. Department of the Army has provided Amendment No. 1 to the agreement that includes the sanitary sewer joint repairs as part of the project; and WHEREAS, it is in the best interest of the City to execute Amendment No. 1 to the agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: The Mayor is hereby authorized and directed to sign Amendment No. 1 to the agreement with the U. S. Department of the Army for the Force Main Stabilization Project. Passed, approved and adopted this 6th day of November 2023. Brad M. Cayf6aqK, Mayor Attest: Adrienne N. Breeelder, City Clerk AMENDMENT NO. 1 TO THE AGREEMENT BETWEEN THE DEPARTMENT OF THE ARMY AND CITY OF DUBUQUE, IOWA FOR THE CITY OF DUBUQUE FORCED SEWER MAIN, MISSISSIPPI RIVER, DUBUQUE COUNTY, IOWA THIS AMENDMENT NO. 1 is entered into this 21 day of November , 2023 , by and between the Department of the Army (hereinafter the "Government"), represented by the District Commander, Rock Island District (hereinafter the "District Commander"), and the City of Dubuque, Iowa (hereinafter the "Non-Federal Sponsor"), represented by its Mayor. WITNESSETH, THAT: WHEREAS, on 16 December 2022, the Government and the Non-Federal Sponsor executed a Project Partnership Agreement (Agreement) for the construction of the City of Dubuque Forced Sewer Main -Section 14 Project (hereinafter the "Project", as defined in Article I.A. of this Agreement) was approved by the Commander for Rock Island District on March 16, 2022; and WHEREAS, the parties wish to amend the Agreement to provide for "additional work" to be completed on behalf of the Non-Federal Sponsor as requested by the City of Dubuque in writing on 31 July 2023; and WHEREAS, Section 14 of the Flood Control Act of 1946, as amended (33 U.S.C. 701 r) (hereinafter "Section 14"), authorizes the Secretary to undertake construction, repair, restoration, and modification of emergency streambank and shoreline protection projects not specifically authorized by Congress to prevent damages to highways, bridge approaches, and public works, churches, hospitals, schools, and other non-profit public services; and WHEREAS, the Government and the Non-Federal Sponsor have the full authority and capability to perform in accordance with the terms of this Agreement and acknowledge that Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C. 1962d-5b ), provides that this Agreement shall be enforceable in the appropriate district court of the United States. NOW, THEREFORE, the Government and the Non-Federal Sponsor agree to the terms of Amendment No. 1 to the Agreement as provided herein. 1 The word "and" is deleted from the end of the fourth WHEREAS clause and insert the following WHEREAS clause after the fourth WHEREAS clause: WHEREAS, 33 U.S.C. 701 h authorizes the Government to undertake, at the Non -Federal Sponsor's full expense, additional work while the Government is carrying out the Project; and" 2. The last sentence in Article I.C. is amended to read as follows: The term does not include any costs for construction, repair, restoration, relocation, or modification of the facility to be protected; operation, maintenance, repair, rehabilitation, or replacement; HTRW cleanup and response; dispute resolution; participation by the Government and Non -Federal Sponsor in the Project Coordination Team to discuss significant issues and actions; audits; betterments; additional work; or the Non -Federal Sponsor's cost of negotiating this Agreement." 3. Article I is amended to add paragraph L as follows: L. The term "additional work" means items of work related to, but not cost shared as a part of, the Project that the Government will undertake on the Non -Federal Sponsor's behalf while the Government is carrying out the Project, with the Non -Federal Sponsor responsible for all costs and any liabilities associated with such work." 4. The first sentence in Article 11.1. is amended as follows: The Non -Federal Sponsor may request in writing that the Government perform betterments or additional work on the Non -Federal Sponsor's behalf." 5. The next to last sentence in Article VI.A. is amended to read as follows: Costs for betterments are projected to be $0 (Zero) and costs for additional work are projected to be $75,000." 6. The first sentence in Article VI.F. is amended to read as follows: If the Government agrees to acquire or perform, as applicable, real property interests, placement area improvements, relocations, additional work, or betterments on the Non -Federal Sponsor's behalf, the Government shall provide written notice to the Non -Federal Sponsor of the amount of funds required to cover such costs." 7. All other terms and conditions of the Agreement remain unchanged. 2 IN WITNESS WHEREOF, the parties hereto have executed this Amendment No. 1 to the Agreement, which shall become effective upon the date it is signed by the District Engineer. DEPARTMENT OF THE ARMY 9V Jesse T. Curry Colonel, U.S. ARMY Commander & District Engineer DATE: CITY OF DUBUQUE, IOWA BY: Brad M. Ca a h Mayor, City of Dubuque, Iowa DATE: Noyem1,-)c 3 21NOV2023 NON-FEDERAL SPONSOR'S SELF -CERTIFICATION OF FINANCIAL CAPABILITY FOR AGREEMENTS I, , do hereby certify that I am the Chief Financial Officer of the City of Dubuque (the "Non -Federal Sponsor"); that I am aware of the financial obligations of the Non -Federal Sponsor for the City of Dubuque Forced Sewer Main - Section 14 Project; and that the Non -Federal Sponsor has the financial capability to satisfy the Non -Federal Sponsor's obligations under the Project Partnership Agreement, as amended. IN WITNESS WHEREOF, I have made and executed this certification this day of , BY: q,-z, Jenny Larson Chief Financial Officer CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, CONTINUING AUTHORITIES PROGRAM SECTION 14, EMERGENCY STREAMBANK PROTECTION, FORCED SEWER MAIN PROJECT AMENDED FUNDS ALLOCATION TABLE Federal and Non -Federal Schedule of Costs ($1,000s) Other NFS NFS FY TPC LERRD Contributions Construction NFS Cash Total Federal Add. Work)* FY23 615.65 0 0 0 342.65 342.65 273 FY24 4,675.35 118 75 5,098 1,364.95 1,557.95 3,117.4 Total 1 $5,291 1 $118 1 $75 1 $5,098 100% 1 $1,707.6 1,900.6 3,390.4 Additional work is for work to be performed by the federal government on behalf of the Sponsor. CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA, CONTINUING AUTHORITIES PROGRAM SECTION 14, EMERGENCY STREAMBANK PROTECTION, FORCED SEWER MAIN PROJECT AMENDED FUNDS ALLOCATION TABLE Federal and Non -Federal Schedule of Costs ($1,000s) Other NFS NFS FY TPC LERRD Contributions Construction % NFS Cash Total Federal Add. Work)* FY23 $615.65 $0 $0 $0 $342.65 $342.65 $273 FY24 $4,675.35 $118 $75 $5,098 $1,364.95 $1,557.95 $3,117.4 Total 1 $5,291 1 $118 1 $75 1 $5,098 100% 1 $1,707.6 $1,900.6 $3,390.4 * Additional work is for work to be performed by the federal government on behalf of the Sponsor.