HomeMy WebLinkAboutAgenda - 11-04-1996 - 9d ORANGECOUNTY
BOARD OF COMMISSIONERS
ACTION AGENDA ITEM ABSTRACT
Meeting Date: November 4, 1996
Action Agenda
Item # q-d
SUBJECT: Use of USDA Natural Resources Conservation Service's Emergency Watershed Protection
Program to remove of hurricane debris from County's rivers, streams and waterways
DEPARTMENT: County Manager PUBLIC HEARING: Yes No
ATTACHMENT(S): BUDGET AMENDMENT: Yes No
NRCD Packet, Federal Contracting for EWP INFORMATION CONTACT:
NRCD Packet, Local Contracting for EWP County Engineer Extension 2303
State cost share memo
TELEPHONE NUMBERS:
Hillsborough - 732-8181
Durham - 688-7331
Mebane - 227-2031
Chapel Hill - 967-9251/968-4501
PURPOSE: To provide information to the BOCC about the US Department of Agriculture's Emergency
Watershed Protection Program and its potential to assist in clearing storm debris from the
County's waterways and to solicit the Board's instruction regarding pursuit of this
debris removal process.
BACKGROUND: One of the least apparent or appreciated aspects of hurricane damage is the disruption
of normal instream flow patterns of rivers, streams, waterways, etc., that have been
obstructed by fallen trees and associated debris. Generally these obstructions, as
they he across stream channels and flood plains, function as dams and cause
abnormally high upstream water levels during even minor storm events. In
urbanized areas, where it is common to find homes and other buildings located
within the normal flood plain areas of waterways, frequent flooding becomes a
problems. In rural areas, flooding of occupied buildings is usually less of a problem,
though flooding of lowland crop and pasture areas may become something of a
nuisance. In both rural and urbanized areas, storm debris often collects at and blocks
roadway culverts and bridges. Storm water may then flow over the top of and across
roads and driveways, causing extremely hazardous driving conditions or destroying
roadway surfaces, embankments or shoulders.
2 •
In the immediate aftermath of hurricane Fran, it was initially assumed that the US
Army Corps of Engineers would to be the federal agency that would provide all
debris removal assistance to the state and local governments. However, the Natural
Resource Conservation Service (MRCS -formerly the Soil Conservation Service
[SCS]) of the US Department of Agriculture(USDA) operates an ongoing program
to fund repair or remediation activities necessary to address stream channel damage
caused by storms, floods, etc. This program, the Emergency Watershed Protection
Program(EWP), has been designated by the federal government as the sole
instrument for its assistance to state and local governments in addressing debris
removal from streams and waterways.
The procedure for obtaining NRCS/EWP assistance begins with a letter requesting
the assistance. The NRCS then begins helping the local government (sponsor)
identify and quantify the level of assistance required. Engineers from the NRCS
evaluate the each area where debris removal is proposed to develop priority ratings
which are assigned on a state or regional basis. Highest priorities are assigned to
those areas where potential flooding poses the greatest threat of loss of life, inhabited
buildings, or public and private infrastructure. Once NRCS assistance has been
requested and NRCS engineers have evaluated a debris removal project or projects
as essential, the sponsor is responsible, at minimum, for: 1)obtaining legal right-of-
entry documentation; 2)guaranteeing that it has and will contribute funds equal to
twenty-five percent of the project cost and 3)providing local coordination of debris
removal efforts. According to NRCS officials, the state has committed to providing
the twenty-five percent local share on a reimbursement basis(a copy of the memo
confirming state reimbursement is attached).
The NRCS provides three levels of service in the EWP process. The first level is
one in which the local sponsor is responsible for preparing all project plans and
specifications, for all bidding and contract award activities, project administration
and inspection, etc. NRCS basically evaluates and prioritizes sites and provides
seventy-five percent of the funding for approved debris removal sites. NRCS must
also evaluate and approve local procurement procedures. In its second level of
service, the NRCS prepares all bid documents, provides all project inspection,
prepares bid packages, etc. The local sponsor accepts bids, awards contracts and
provides contract administration. The sponsor also makes direct payment to
contractor(s)with NRCS reimbursing seventy-five percent of project costs (see
attached NRCS information packet for locally contracted projects). In its third
level of service, the NRCS handles all aspects of the project (with the exceptions of
Right-of-Entry Agreements and local coordination) and bills the local sponsor for its
twenty-five percent share(see attached MRCS information packet for federally
contracted projects).
3
To date, Orange County staff have received less than ten requests for assistance with
debris removal from streams. According to those requesting this assistance, only
two situations(South Fork of the Little River and the Eno River in Hillsborough) are
thought to represent any potential flooding threat to occupied buildings. One area
may represent a potential hazard for flooding a residential driveway. With the
exception of the Little River and Eno River areas, all other requests for assistance
involve potential blockages on intermittent streams. Outside of the Chapel
Hill/Carrboro urban areas, there has been no attempt to evaluate the potential for
flooding of the NCDOT maintained primary and secondary roadway system.
If the BOCC determines that Orange County will participate in the EWP program,
County staff will immediately begin the process of identifying and mapping potential
EWP project sites (MRCS has set deadlines of 11/17/96 for requests to participate in
the program and 11/22/96 for submission of all prerequisites except Rights-of-Entry).
This information will then be submitted to the state office of NRCS for review.
NRCS engineers will then make field inspections of each proposed project site to
evaluate and prioritize the site. Once a site is assigned a priority sufficiently high to
assure that it will be funded, the process of preparing construction, contract and bid
documents and bidding will move forward.
RECOMMENDATION: The Administration recommends that the BOCC:
• approve the County's participation in the EWP program using the Federal
Contracting Option
• authorize the Chair to sign, on behalf of the BOCC, the official"Request
for Assistance"
• authorize the Chair to sign, on behalf of the BOCC, the official
"Appointment of Liaison" letters designating the County Engineer as the
liaison;
• authorize the Chair to sign, on behalf of the BOCC, the official letter of
assurance of availability and commitment of twenty-five percent local
(County)funding share
• direct staff to: 1) draft, for the Chair's approval and execution, the letters
designated above; and 2)proceed with the EWP site identification,
coordination and mitigation process as required.
OCT-23-96 WED 04:38 PM USDA NRCS FAX NO, 919 873 2155 P. 4
OCi-21-96 kt02t 3:4Z PtI -
North Carolina Department of Crone Control and Public Safety
Division of Emergency Management
James S. Hunt Jr., Governor FEMA-1 134-DR-NC Richard H. Moore, Secretary
Disaster Field Office
3109 North Capitol Blvd
Raleigh,NC 27604
Memorandum
To: Local Jurisdictions in the Declared Counties
From: James L. Self, Deputy State Coordinating Office
Date: October 18, 1996
Re: Funding available through the Natural Resources Conservation
Service (NRCS) for Stream Clearance
This memorandum is to notify all local jurisdictions in the area affected by
Hurricane Fran that the Natural Resources Conservation Service (NRCS) has
funds available for stream clearance. Supplemental funding has been secured
for the Emergency Watershed Protection(EWP) Program to provide, on a
prioritized basis, money to clear streams where the storm-related debris has
caused or wiii cause flooding to homes and businesses.
The Emergency Watershed Protection (EWP) Program is cost shared with
funding coming from 75%federal and 25% non-federal sources. The State of
North Carolina will pay the 25% non-federal share and procedures outlining the
reimbursement mechanism which will be used for the 25% share will be
forwarded to Interested jurisdictions. If you have any questions conceming the
State of North Carolina's support of this program, you can telephone me at(91 a)
713-0464.
JLS:kbt
116 West Jones street•Raleigh,Nortis Carolina 27603-1335•Telephone(919)733-3867
An&lual Oppatm ity IAMmadve Actioa Employer
OCT 23 ' 96 14:57 919 873 2155 PAGE. 002
• 5
USDA-NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION PROGRAM
PREREQUISITES
For
Project Agreements With Sponsors for FEDERAL Contracting
ITEM RESP REQUIREMENT
1. Request for Sponsors Letter of request for assistance
assistance to State Conservationist. State
Exhibit 1 cause and type of damage,
availability of 25% cost-share, and
responsibility for landrights.
2 . Appointment of Sponsors Copy of appointment letter listing
liaison duties and responsibilities.
Exhibit 2
3 . Form SCS-AS-78 Sponsors Certification that adequate land
Exhibit 3 and water rights, permits (i.e. ,
404, Sediment & Erosion Control) ,
and licenses needed for the works
of improvement have been obtained.
Exigency - Requirement for
Attorney's Opinion may be waived.
Nonexigency - Attach Attorney's
Opinion.
4. Determination that Sponsors Certification that Sponsor cost-
sufficient funds share funds are available.
are available
Exhibit 2 NRCS Certification from Asst. State
Conservationist (Programs) that
NRCS cost-share funds are
available.
5. Operation and Sponsors Provide signed agreement for
Maintenance Agreement approval by State Conservationist.
with O&M Plan attached
Exhibit 4 Requirement for O&M Agreement may
be waived by Asst. State
Conservationist (Programs) for
certain works of improvement.
6. Quality Assurance NRCS Technical specialist responsible
Plan for planning the work and preparing
Exhibit 5 specs develops the plan, secures
appropriate staff concurrence, and
provides original to Contracting
Officer for approval.
PREREQUISITES 6
For
Project Agreements With Sponsors for FEDERAL Contracting
ITEM RESP. REQUIREMENT
7. Specifications, NRCS Adequate copies to Contracting
drawings, cost est. , Officer for inclusion in Invitation
performance time est. , for Bids, Request for Quotes, etc.
and technical Special
Provisions
8. Invitation for Bids, NRCS To ensure contract award for
Request for Quotes, performance of exigency work within
etc. ready 30 days and nonexigency work within
220 days.
NOTES:
7
EYHIBZT 1
Cleveland Soil and Water Conservation District
124-1 South Post Road - Shelby, North Carolina 28150
May 12, 1989
Bobbye J. Jones
State Conservationist
(v 0.}L,,r Conservation Service
Suite 205, 4405 Bland Road
Raleigh, N.C. 3� 27609
Dear Mr. Jones:
We request Federal assistance under provisions of Section 403, Agricultural
Credit Act of 1978, to restore stream flow capacity on Knob Creek and tributary
caused by storms of May 5, 1989. A description of the disaster is as follows:
Tornado damage caused stream blockages which as created an
exigency condition around road and highway bridges and on
cropland, continued exigency conditions will exist until
stream blockages are removed to allow full capacity flow
to the effected streams.
This work is needed to safeguard lives and property from an imminent hazard of
floodwater and erosion.
We understand, as sponsors of an emergency watershed protection project, our
responsibilities will include acquiring landrights and permits needed to
construct, and if required, to operate and maintain the proposed measures.
The names and addresses of the contact persons in our organization are as
follows:
A
Chairman, Cleveland SWCD
28150
124-1 South Post Rd. , Shelby, N. C.
cc: Tom Wetmore
Jim Boggs
CONSERVATION DEVELOPMENT • SELF GOVERNMENT
8
EXHIBIT 2
LETTERHEAD
Natural Resources Conservation Service
Suite 205
4405 Bland Road
Raleigh, NC 27609
Reference Emergency Watershed Protection work in
County as a result of damages caused by Hurricane Fran in
September, 1996. The following certification is made toward our
cooperative effort in establishing a project agreement for
emergency repair work:
The County Board of Commissioners has the
necessary funds required for our portion of the cost of
installation of the works of improvement. These monies
include the 25% cost-share and any administrative costs
associated with the project.
Also, attached is a copy of an apointment letter to
to serve as the liaison between the Board of Commissioners
and the Natural Resources Conservation Service.
On behalf of the Board of Commissioners, I would like to thank
you and the representatives from the Natural Resources
Conservation Service for your efforts to help us conserve our
natural resources.
If I can be of further assistance, please contact me.
Sincerely.
Name
Chairperson
9
LETTERHEAD
Mr. Dan J. Jones
P.O. Box 67
Boiling Springs, NC 28017
Dear Mr. Jones:
At an official meeting of the Board of Commissioners, on October,
1996, you were designated as the liaison between the County and
the Natural Resources Conservation Service.
You are hereby apointed with full authority to act for the Board
of Commissioners in arranging for and administering the terms and
conditions of the project agreement for Emergency Watershed
Protection work in Watershed as a
result of damages caused by Hurricane Fran in September, 1996.
Enclosed is a copy of the project agreement for the works of
improvement. You should be come thoroughly familiar with its
terms and conditions in order to carry out your duties and
responsibilities as liaison.
You will work closely with the Contracting Officer, Contracting
Officer Representative, Inspectors, and other representatives of
the Natural Resources Conservation Service in performing your
duties. These duties include, but are not necessarily limited
to, the following:
LIST DUTIES AND RESPONSIBILITIES THE SPONSORS ASSIGN TO
THE LIAISON
Sincerely,
Name
Chairperson
10
. - EXHIBIT' 3
U.S.[)*pertinent of Agriculture SCS•A.DS
soil Conserretion sernce 3
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
A. PURPOSE — This form is to be used by sponsor(s) to provide the assurances to the Sou Conservatic
Service of the U.S. Department of Agriculture which is required in connection with the installation
project measures which involve Federal financial assistance furnished by the Soil Conservation Service.
B. PROJECT MEASURES COVERED —
Name of project Finar.gEnL1/ WatarchPd 2r tprtinn - Knnh rroak Watarchad
Identity of improvement or development nahri c ramnva 1 frnm cal ar•tad rha nnol c
Location Site I - Teal Road: Sit 2 - racar-RAlwond Road' vita i _ rarnontori
Grove Church Road, all being in Cleveland County, North Carolina
C. REAL PROPERTY ACQUISITION ASSURANCE—
T ids assurance applies if real property interests were acquired for the installation of project measure
and/or if persons, businesses, or farm operations were displaced as a result of such installation: and th
assurance was not previously provided for in the watershed,project measure,or other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have con
piled, to the extent practicable under State law, with the requirements of the Uniform Relocation Assi.
Lance and Real Property Acquisition Policies Act(42 U.S.C. 46014655), as implemented in 7 C.F.R. Pa-
21. Any exceptions taken from the real property acquisition requirements under the authority of 4
U.S.C. 4655 because of State law have been or is hereby furnished to the Soil Conservation Service alon
with the opinion of the Chief Legal-Officer of the State containing a full discussion of the facts an,
law involved.
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS —
The undersigned sponsor(s) hereby assures that adequate real property rights and interests, water right
if applicable, permits and licenses required by Federal, State, and local law, ordinance or regulation
and related actions have been taken to obtain the legal right to install, operate, maintain, and inspect th
above-described project measures, except for structures or improvements that are to be removed. re
located, modified, or salvaged before and/or during the installation process.
This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or othe
consequences in the event the real property rights are found to be inadequate during the installario:
process.
Furthermore, this assurance is supported by an attorney's opinion attached hereto that c-.-dries tha
an examination of the real property instruments and files was made and they were found to provid
adequate title, right. permission and authority for the purposes for which the property was acquired.
11
YELTON. FARFOUR & MCCARTNEY, P.A.
ATTORNEYS AT LAW
PROFESSIONAL MALL
211 SOUTH WASHINGTON STREET
SHELBY. NORTH CAROLINA 28150
ROBERT W. YELTON MAILING AOORESS
LESUE A F'ARFOUR. JR. P. O. BOX 1329
CHARLES E MCCARTNEY. JR. SHELBY. N. C. 25131.1329
MEMORANDUM TELEPHONE
(704) 152.7715
TO: Mr. Sam Jenkins , Chairman
Cleveland Soil and Water Conservation District
FROM: Robert W. Yelton, Cleveland County Attorney G'Ltc/
SUBJECT: Certification of Title to Property Allocated to the
Cleveland Soil and Water Conservation District for
Emergency Repair Work on Knob Creek and Tributary
DATE: May 18, 1989
In accordance with your recent request, this certifies that the
proposed project is located within the boundaries or property covered
by permits obtained from the affected landowners . It is my opinion
that the Cleveland Soil and Water Conservation District has obtained
all necessary land rights to perform the emergency works of improve-
ment.
Please let me know if I can be of further assistance regarding
this matter.
12
EXHIBIT 4
OPERATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made on —1)CL"_-J...$___ 19^$S___, is between
the Soil Conservation Service, United States Department of
Agriculture , hereinafter referred to as SCS, and the Cleveland Soil
and Water Conservation District, hereinafter referred to as District.
The District and SCS agree to carry out the terms of this
agreement for the operation and maintenance of the practices in the
State of North Carolina. The practices covered by this agreement are
identified as follows :
Debris removal from selected channels in the Knob Creek
Watershed , Cleveland County , North Carolina, under the
Emergency Watershed Protection Program.
I . GENERAL
A. The District will :
1 . Be responsible for operating and performing, or having
performed , all needed maintenance of practices , as
determined by either SCS or the District, without cost to
SCS.
2. Obtain prior SCS approval of all plans , designs, and
specifications for maintenance work deviating from the
Operation and Maintenance (0&M) Plan , and of plans and
specifications for any alteration to the practice <s) .
3. Notify SCS of any agreement to be entered into with
other parties for the operation and maintenance of all or
any part of the project practice <s) , and provide SCS with a
copy of the agreement after it has been assigned by the
District and the other party .
4. Provide SCS personnel the right of free access to the
project practice <s) at any reasonable time for the purpose
of carrying out the terms of the agreement.
B. SCS will , upon request of the District and to the extent
that its resources permit, provide consultive assistance in the
operation , maintenance , and replacement of practices .
II . OPERATION AND MAINTENANCE PLAN <O&M Plan)
An 0&M Plan for each practice included in this agreement is
attached to and becomes a part of this agreement.
III . INSPECTION AND REPORTS
A. The District will inspect the practices) as specified in
the 0&M Plan .
1
13
B. SCS, or Federal land—administering agency , may inspect the
practices? at any reasonable time during the period covered by
this agreement. At the discretion of the State Conservationist,
SCS personnel may assist the District in inspections .
C. A written report will be made of each inspection and
provided to others as outlined in the 0&M Plan .
IV. TIME AND RESPONSIBILITY
The District ' s responsibility for operation and maintenance
begins when a practice is partially installed or completed and
accepted by the District, or is determined complete by SCS. This
responsibility shall continue until the expiration of the measure
life of all the installed project practices . This does not
relieve the District ' s liability , which continues throughout the
life of the measure or until is modified to remove potential loss
of life or property .
V. RECORDS
The District will maintain in a centralized location a record of
all inspections and significant actions taken , cost of
performance , and completion date with respect to operation and
maintenance . SCS may inspect these records at any reasonable
time during the term of the agreement.
CLEVELAND SOIL 8r WATER CONSERVATION DISTRICT
By .
Title:
Date :
This action was authorized at an official meeting of the District on
// 19 ��' , at
A t t e s t: T i t l e :" >r—z -- '
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By
Title :_ State Conservationist
Date : ..511��Sg
2
14
OPERATION AND MAINTENANCE PLAN
Knob Creek Watershed
Cleveland County
Emergency Watershed Protection
A. General
1. This Operation and Maintenance (0&M) Plan applies to exigency emergency
watershed protection work to be performed at the following sites in the
Knob Creek Watershed:
(a) Site 1 -- Teal Road
(b) Site 2 -- Casar-Belwood Road
(c) Site 3 -- Carpenter's Grove Church Road
2. The work is sponsored by the Cleveland Soil and Water Conservation District
(SWCD) . All 0&M is the sole responsibility of the SWCD.
3. The SWCD will provide funds for all 0&M expenses. 0&M will begin at the
completion of the installation of the works of improvement and will remain
in effect for one (1) year.
B. Operating Plan
1. Anticipated items for O&M necessary to maintain natural prestorm conditions
include, but are not limited to, removal of tree breakage from within the
channel . These items will be performed to maintain stream channel capacity
for approximately 2100 linear feet at Site 1, 1600 linear feet at Site 2,
and 1700 linear feet at Site 3.
C. Performing 0&M
0&M activities will be carried out by the following types of inspection:
1 . Informal Surveillance
2. Special Inspections
3. Final Inspection
0. Inspections Schedule
1. Informal surveillance will be performed on a continuous basis as needed.
2. Special Inspections will be performed after any major storm.
3. Final Inspection will be performed one year after completion of the
installation of the works of improvement.
15
E. Violations
The SWCD is required to comply with the conditions set forth in this 0&M Plan.
Failure to comply will result in the SWCD being required to reimburse the
Federal Government for the financial assistance provided by SCS.
F. Reports
The SWCD will provide copies of all inspection reports to SCS. Reports of
maintenance problems identified by informal surveillance will be provided to
SCS as soon as these problems are identified.
16
ES.OIIBIT 5
QUALITY ASSURA14CE PLA14
EM%RGENCY WATERSHED PROTECTION WORK
KNOB CREEK WATERSHED
CLEVELAND COUNTY, N.C.
(1) ITEMS OF WORK
Approximately 5,500 linear Ft. of channels have been damaged by
tornados. The work to be performed is in three different separate
reaches and will be performed by three separate procurements, one
purchase order for each reach of channel. The work to be inspected
includes the removal of down trees, debris and other obstructions from
the channels and the seeding of all disturbed areas.
(2) TIMING
It is anticipated that this work will be performed starting on about
May 24 and all work should be completed by June 23, 1989. Maximum
work week will be 6 days per week 10 hours per day.
(3) SKILLS NEED TO PERFORM INSPECTION
Contracting Officer
The inspector and representative should be thoroughly
familiar with contracting procedures, and heavy equipment construction
relating to debris removal from streams, stream obstruction removal,
seed, and streambank stabilization.
(4) STAFF-HOURS
It is anticipated that this work will require about 20 days of the
inspector's time and about 15 days time for theJeFLIMIZU representa-
tive. Contracting Officer
(5) EQUIPMENT AND FACILITIES
The equipment needed for this work will be a vehicle, flagging and
marking ribbon and paint, and normal supplies. All of the equipment
and materials needed are presently available in the field office.
(6) PERSONNEL
The following personnel have the knowledge and skills required to
perform this work:
JIM BOGGS Contracting Officer Representative
JERRY PATE Construction Inspection
The above named people, through experience and training, possess the
required knowledge and skills to perform this work.
r 17
(7) AVAILABILITY
Jim Boggs and Jerry Pate will be available to perform the needed
inspection work.^*The Area Conservationist certified their availabil-
ity on May 12, 1989.
^—NOTE: Add signature block for Area Conservationist if no previous
certification has been provided.
APPROVAL OF CO-DETERMINERS
`S�b OJState Conservation Engineer
Harry J. GlWhon
�G Asst. State Conservationist (Admin)
Dennis L-fBerkstresser
INSPECTION STAFFING PLAN APPROVAL
Contracting Officer
Bobbye Jones sl/G /89
18
USDA-NATURAL RESOURCES CONSERVATION SERVICE
EMERGENCY WATERSHED PROTECTION
PREREQUISITES
For
Project Agreements With Sponsors for LOCAL Contracting
ITEM RESP REQUIREMENT
1. Request for Sponsors Letter of request for assistance to
assistance State Conservationist. State cause
Exhibit 1 and type of damage, availability of
25% cost-share, and responsibility
for landrights.
2. Procurement Sponsors Request use of NRCS standards,
Standards documents and procedures. Or
Exhibit 2 request use of Sponsor standard,
documents and procedures Standards
- NRCS must review and approve
Sponsor procedures.
3 . Assistance in Sponsors Request NRCS assistance to prepare
preparation and and reproduce solicitation and
reproduction contract documents.
Exhibit 2
4. Appoint Contracting Sponsors Copy of each appointment letter
Officer and Alternate to NRCS listing duties and
Exhibit 3 responsibilities.
5. Form SCS-AS-78 Sponsors Certification that adequate land
Exhibit 4 and water rights, permits (i.e. ,
404, Sediment & Erosion Control) ,
and licenses needed for the works
of improvement have been obtained.
Exigency - Requirement for
Attorney's Opinion may be waived.
Nonexigency - Attach Attorney's
Opinion.
6. Determination that Sponsors Certification that Sponsor cost-
sufficient funds share funds are available.
are available
Exhibit 2 NRCS Certification from Asst. State
Conservationist (Programs) that
NRCS cost-share funds are
available.
7. Operation and Sponsors Provide signed agreement for
Maintenance Agreement approval by State Conservationist.
with O&M Plan attached
Exhibit 5 Requirement for O&M Agreement may
be waived by Asst. State
Conservationist (Programs) for
certain works of improvement.
19
Page 2
PREREQUISITES
For
Project Agreements With Sponsors for LOCAL Contracting
ITEM RESP. REQUIREMENT
8. Inspection Staffing NRCS Technical specialist responsible
Plan for planning the work and preparing
Exhibit 6 specs develops the plan, secures
appropriate staff concurrence, and
provides original to Contracting
Officer for approval.
9. Liquidated damages Request for NRCS to include amount
Local: $ Sponsors of behalf of Sponsors regarding
Exhibit 2 recovery of damages from the
NRCS: $ NRCS contractor.
10. Specifications, NRCS Adequate copies to Admin/Contract
drawings, cost est. , Staff for inclusion in Invitation
performance time est. , for Bids, Request for Quotes, etc.
and technical Special
Provisions
11. Invitation for Bids, NRCS To ensure contract award for
Request for Quotes, performance of exigency work within
etc. ready 30 days and nonexigency work within
220 days.
12. Plan of Operations Sponsors Plan detailing equipment,
- when specific items personnel, materials, schedule of
of work are performed installation, etc. to Asst. State
using one of the Conservationist (Programs) for
following methods: approval. Plan is an attachment to
- Force Account the Project Agreement.
- Performance of Work
- Division of Work
13. In-kind credit Sponsors Request to perform certain items of
work for credit toward local cost-
share.
NOTES:
20 .
EYHIBIT 1
Cleveland Soil and Water Conservation District
124-1 South Post Road - Shelby, North Carolina 28150
May 12, 1989
Bobbye J. Jones
State Conservationist
Said Conservation Service
Suite ZOS, 4405 Bland Road
Raleigh, N.C. XXNKM 27609
Dear Mr. Jones:
We request Federal assistance under provisions of Section 403, Agricultural
Credit Act of 1978, to restore stream flow capacity on Knob Creek and tributary
caused by storms of May 5, 1989. A description of the disaster is as follows:
Tornado damage caused stream blockages which as created an
exigency condition around road and highway bridges and on
cropland, continued exigency conditions will exist until
stream blockages are removed to allow full capacity flow
to the effected streams.
This work is needed to safeguard lives and property from an imminent hazard of
floodwater and erosion.
We understand, as sponsors of an emergency watershed protection project, our
responsibilities will include acquiring landrights and permits needed to
construct, and if required, to operate and maintain the proposed measures.
The names and addresses of the contact persons in our organization are as
follows:
A
Chairman, Cleveland SWCO
28150
124-1 South Post Rd. , Shelby, N. C.
cc: Tom Wetmore
Jim Boggs
CONSERVATION - DEVELOPMENT - SELF-GOVERNMENT
21
EXHIBIT 2
LETTERHEAD
Natural Resources Conservation Service
Suite 205
4405 Bland Road
Raleigh, NC 27609
Reference Emergency Watershed Protection work in
County as a result of damages caused by Hurricane Fran in
September, 1996. The following certifications and requests are
made toward our cooperative effort in establishing a project
agreement for emergency repair work:
1. The County Board of Commissioners requests
that the procurement standards, procedures, and
exhibits contained in the Natural Resources
Conservation Service regulations for contracts, grants,
and cooperative agreements be used in connection with
contracts.
2. Due to our limited resources in this regard, the
County Board of Commissioners requests the Natural
Resources Conservation Service to assist us in
preparing and reproducing solicitations and contractual
documents to be issued by the Board of Commissioners.
3. The Board of Commissioners desires that $ .00 be
considered as its portion of liquidated damages from
the contract.
4. The County Board of Commissioners has the
necessary funds required for our portion of the cost of
installation of the works of improvement. These monies
include the 25% cost-share and any administrative costs
associated with the project.
On behalf of the Board of Commissioners, I would like to thank
you and the representatives from the Natural Resources
Conservation Service for your efforts to help us conserve our
natural resources.
If I can be of further assistance, please contact me.
Sincerely.
Name
Chairperson
Note: Change reference to SCS and SA0 to
NRCS where appropriate E:�iIBIT 3
22
LETTERHEAD
Date
Mr. Dan J. Jones
P.O. Box 67
Boiling Springs, NC 28017
Dear Mr. Jones:
At an official meeting of the Board of Supervisors, Cleveland Soil and
water Conservation District, on May 11, 1989, you were designated
Contracting Officer. You are hereby appointed with full authority to
act for the District in arranging for, awarding, and administering a
contract for Emergency Watershed repair work in Knob Creek Watershed.
Enclosed is a copy of the project agreement for the works of
improvement. You should become thoroughly familiar with its terms and
conditions in order to carry out your duties as Contracting officer.
You will work closely with the State Administrative Officer (SAO) , the
Government Representative (GR) , and other representatives of the Soil
Conservation Service (SCS) in performing your duties. These duties
include, but are not necessarily limited to, the following:
1. Prepare the Notice to Prospective Bidders and the Invitation
for Bids and release them after obtaining the written approval of the
SAO on the format and contents.
2 . Receive, protect, and open bids. Determine the low qualified
bidder. In making this determination, you will evaluate the bidder's
experience, equipment, financial status, and existing work
commitments.
3 . Submit the low bidder's file and an abstract of all bids
received together with your recommendation to the SAO for written
approval, prior to award.
4. Award the contract and give appropriate notices.
5. Obtain the approval of the SAO before accepting the
performance and payment bonds and issuing the Notice to Proceed.
6. Require the contractor to furnish a list of all proposed
subcontractors and the extent of work to be done by each prior to
commencement of work by any subcontractor. Obtain the concurrence of
the SAO before giving your approval of any subcontractor.
2 - 23
7. Require the contractor to furnish a complete construction
schedule for your approval as required by the Invitation for Bids.
Require revised schedules as needed to ensure completion of work in
accordance with established contract performance time. Obtain the
concurrence of the GR before approving the construction schedule or
revisions thereto.
8 . Require the contractor to perform in accordance with the
approved construction schedule.
9 . Obtain the concurrence of the SAO before approving the
contractor's workweek or any changes in the workweek.
10. Determine that all work is being performed in accordance with
contractual requirements and all required certifications are promptly
furnished.
11. When circumstances so justify, waive the materials
certification after obtaining the written approval of the SAO.
12 . See that the contractor complies with the accident prevention
and safety measures clause in the contract and obtain written
concurrence of the SAO before approving a waiver or an adaptation of
any of the safety provisions.
13 . As necessary, issue written contract modifications and
suspend and resume work orders, including those recommended by SCS.
Obtain prior approval of the SAO for all contract modifications and
prior approval of the GR for all suspend and resume work orders.
14. Obtain the written approval of the SAO before making a final
decision on any dispute arising under the contract.
15. See that the contractor is paid in accordance with the
provision of the contract. Prepare Form SF-270, Request for Advance
or Reimbursement. sign the form on behalf of the District and submit
it to SCS for payment of SCS's share of the costs.
16. Make timely decisions on contractual matters and take
appropriate action.
17 . Where conditions justify, declare the contract in default and
terminate his/her right to proceed after obtaining the written
approval of the SAO.
18 . Make all records dealing with the awarding and administering
of the contract available for review by authorized representative of
the Federal Government. Place all records in District controlled
storage for possible audit.
3 - 24 .
19. Make arrangements for final inspection of the competed wor'.,
of improvement and work jointly with SCS in conducting the final
inspection.
20. Notify the contractor of acceptance of the job after
obtaining the written concurrence of the SAO.
21. Upon completion and acceptance of all work, obtain a writt
release from the contractor of all claims against the District ari=
under and by virtue of the contract. Amounts of claims specificall
excepted by the contractor are to be st forth in the release.
Very Truly Yours,
Samuel A. Jenkins, Chairman
Cleveland SWCD
LETTERHEAD 25
Date
Mr. Kenneth R. Martin
P.O. Box 40
Shelby, NC 28018
Dear Mr. Martin:
At an official meeting of the Board of Supervisors, Cleveland Soil and
Water Conservation District, on May 11, 1989, you were designated
Alternate Contracting Officer. You are hereby appointed with full
authority to act for the District in arranging for, awarding, and
administering a contract for Emergency Watershed repair work in Knob
Creek Watershed.
Enclosed is a copy of the project agreement for the works of
improvement. You should become thoroughly familiar with its terms and
conditions in order to carry out your duties as Alternate Contracting
officer.
You will work closely with the State Administrative Officer (SAO) , the
Government Representative (GR) , and other representatives of the Soil
Conservation Service (SCS) in performing your duties. These duties
include, but are not necessarily limited to, the following:
1. Prepare the Notice to Prospective Bidders and the Invitation
for Bids and release them after obtaining the written approval of the
SAO on the format and contents.
2 . Receive, protect, and open bids. Determine the low qualified
bidder. In making this determination, you will evaluate the bidder's
experience, equipment, financial status, and existing work
commitments.
3 . Submit the low bidder's file and an abstract of all bids
received together with your recommendation to the SAO for written
approval, prior to award.
4 . Award the contract and give appropriate notices.
5. Obtain the approval of the SAO before accepting the
performance and payment bonds and issuing the Notice to Proceed.
6. Require the contractor to furnish a list of all proposed
subcontractors and the extent of work to be done by each prior to
commencement of work by any subcontractor. Obtain the concurrence of
the SAO before giving your approval of any subcontractor.
26
2 -
7 . Require the contractor to furnish a complete construction
schedule for your approval as required by the Invitation for Bids.
Require revised schedules as needed to ensure completion of work in
accordance with established contract performance time. Obtain the
concurrence of the GR before approving the construction schedule or
revisions thereto.
8 . Require the contractor to perform in accordance with the
approved construction schedule.
9 . Obtain the concurrence of the SAO before approving the
contractor's workweek or any changes in the workweek.
10. Determine that all work is being performed in accordance with
contractual requirements and all required certifications are promptly
furnished.
il. When circumstances so justify, waive the materials
certification after obtaining the written approval of the SAO.
12 . See that the contractor complies with the accident prevention
and safety measures clause in the contract and obtain written
concurrence of the SAO before approving a waiver or an adaptation of
any of the safety provisions.
13 . As necessary, issue written contract modifications and
suspend and resume work orders, including those recommended by SCS.
Obtain prior approval of the SAO for all contract modifications and
prior approval of the GR for all suspend and resume work orders.
14 . Obtain the written approval of the SAO before making a final
decision on any dispute arising under the contract.
15. See that the contractor is paid in accordance with the
provision of the contract. Prepare Form SF-270, Request for Advance
or Reimbursement. sign the form on behalf of the District and submit
it to SCS for payment of SCS's share of the costs.
16. Make timely decisions on contractual matters and take
appropriate action.
17. Where conditions justify, declare the contract in default and
terminate his/her right to proceed after obtaining the written
approval of the SAO.
18. Make all records dealing with the awarding and administering
of the contract available for review by authorized representative of
the Federal Government. Place all records in District controlled
storage for possible audit.
19. Make arrangements for final inspection of the competed works
of improvement and work jointly with SCS in conducting the final
inspection.
27
- 3 -
20. Notify the contractor of acceptance of the job after
obtaining the written concurrence of the SAO.
21. Upon completion and acceptance of all work, obtain a written
release from the contractor of all claims against the District arising
under and by virtue of the contract. Amounts of claims specifically
excepted by the contractor are to be st forth in the release.
Very Truly Yours,
Samuel A. Jenkins . Chairman
Cleveland SWCD
28 .
EYHIBIT' 4
U.S.Dtpersmont of Agriculture scs•n.os
Sail comer ation Ser"Ce '•
ASSURANCES RELATING TO
REAL PROPERTY ACQUISITION
A. PURPOSE — This form is to be used by sponsor(s) to provide the assurances to the Soil Conservatic
Service of the U.S. Department of Agriculture which is required in connection with the installation
project measures which involve Federal financial assistance furnished by the Soil Conservation Service.
B. PROJECT MEASURES COVERED —
Name of project Fm=C7a y WatorehM Prnfioc-tinn - Knnh rrook Watorcha�
Identity of improvement or development nphri c ramnval fr m eal ar+odi ha nnal e
Location Site l - TAgl Road• Site 2 - -acar-RPlwnnd Road- eita I - (arnpntorfe:
Grove Church Road, all being in Cleveland County, North Carolina
C. - REAL PROPERTY ACQUISITION ASSURANCE—
This assurance applies if real property interests were acquired for the installation of project measures
and/or if persons, businesses, or farm operations were displaced as a result of such installation: and thi
assurance was not previously provided for in the watershed, project measure,or other type of plan.
If this assurance was not previously provided, the undersigned sponsor(s) hereby assures they have coir,
piled, to the extent practicable under State law, with the requirements of the Uniform Relocation Assis
tance and Real Property Acquisition Policies Act(42 U.S.C. 4601-4633), as implemented in 7 C.F.R. Par
21. Any exceptions taken from the real property acquisition requirements under the authority of 4*
U.S.C. 4653 because of State law have been or is hereby furnished to the Soil Conservation Service aloe.:
with the opinion of the Chief Legal-Officer of the State containing a full discussion of the facts an:
law involved.
D. ASSURANCE OF ADEQUACY OF REAL PROPERTY RIGHTS —
The undersigned sponsor(s) hereby assures that adequate real property rights and interne, water right.
if applicable, permits and licenses required by Federal, State, and local law, ordinance or regulation.
and related actions have been taken to obtain the legal right to install, operate, maintain. and inspect the
above-described project measures, except for structures or improvements that are to be removed. re
located, modified, or salvaged before and/or during the installation process.
This assurance is given with the knowledge that sponsor(s) are responsible for any excess costs or oche
consequences in the event the real property rights are found to be inadequate during the installatic
process.
Furthermore, this assurance is supported by an attorney's opinion attached hereto that certifies tha
an examination of the real property instruments and files was made and they were found to provid:
adequate title, right. permission and authority for the purposes for which the property was acquired.
29
If any of the reel property right- ,r interests were obtained by condemn_ _in (eminent domain) proceedings.
sponsorts) further assure and agree to proscute the proceedings to a final conclusion and pay such damages
as awarded by the court.
Cleveland Soil and Water Conservation This action authorized
(Name of span= Di s ri ct at an official meeting of Cleveland Soil and Water
By Conservation District on 11th
• Chairman
Title: day of May 19 89
Date: --r — at Shelby
State of North C4rol i nA--\
Attest: -..- I
c )
This action authorized
aq�°t s4°'W) at an official meeting of
By- on
Title: day of
Date: at
State of
Attest:
(Tote)
30
YELTON, FARFOUR & MCCARTNEY. P.A.
ATTORNEYS AT LAW
PROFESSIONAL MALL
211 SOUTH WASHINGTON STREET
SHELBY. NORTH CAROLINA 29150
ROBERT W. YELTON MAILING AOORESS
LESUE A- FARFOLIR. JR. P. O. BOX 1329
CMARLE9 E. MCCARTNEY, JR. SHELBY. N. C, 20131-1329
MEMOR AFD UM rELEPMONE
(70A) A82.7716
TO: Mr. Sam Jenkins , Chairman
Cleveland Soil and Water Conservation District
FROM: Robert W. Yelton, Cleveland County Attorney
SUBJECT: Certification of Title to Property Allocated to the
Cleveland Soil and Water Conservation District for
Emergency Repair Work on Knob Creek and Tributary
DATE: May 18, 1989
In accordance with your recent request, this certifies that the
proposed project is located within the boundaries or property covered
by permits obtained from the affected landowners. It is my opinion
that the Cleveland Soil and Water Conservation District has obtained
all necessary land rights to perform the emergency works of improve-
ment.
Please let me know if I can be of further assistance regarding
this matter.
31
EXHIBIT S
OPERATION AND MAINTENANCE AGREEMENT
THIS AGREEMENT, made on is between
the Soil Conservation Service, United States Department of
Agriculture , hereinafter referred to as SCS, and the Cleveland Soil
and Water Conservation District, hereinafter referred to as District.
The District and SCS agree to carry out the terms of this
agreement for the operation and maintenance of the practices in the
State of North Carolina. The practices covered by this agreement are
identified as follows :
Debris removal from selected channel <L+ in the Knob Creek
Watershed , Cleveland County , North Carolina, under the
Emergency Watershed Protection Program.
I . GENERAL
A. The District will :
1 . Be responsible for operating and performing , or having
performed, all needed maintenance of practices , as
determined by either SCS or the District, without cost to
SCS.
2. Obtain prior SCS approval of all plans , designs , and
specifications for maintenance work deviating from the
Operation and Maintenance (0&M) Plan , and of plans and
specifications for any alteration to the practice (s) .
3. Notify SCS of any agreement to be entered into with
other parties for the operation and maintenance of all or
any part of the project practices> , and provide SCS with a
copy of the agreement after it has been assigned by the
District and the other party .
4. Provide SCS personnel the right of free access to the
project practice (s) at any reasonable time for the purpose
of carrying out the terms of the agreement.
B. SCS will , upon request of the District and to the extent
that its resources permit, provide consultive assistance in the
operation , maintenance , and replacement of practices .
II . OPERATION AND MAINTENANCE PLAN (0&M Plan>
An 0&M Plan for each practice included in this agreement is
attached to and becomes a part of this agreement.
III . INSPECTION AND REPORTS
A. The District will inspect the practice (s> as specified in
the 0&M Plan .
1 --
32
S . SCS, or Federal land—administering agency , may inspect the
practice (s) at any reasonable time during the period covered by
this agreement. At the discretion of the State Conservationist,
SCS personnel may assist the District in inspections .
C. A written report will be made of each inspection and
provided to others as outlined in the 0&M Plan .
IV. TIME AND RESPONSIBILITY
The District ' s responsibility for operation and maintenance
begins when a practice is partially installed or completed and
accepted by the District, or is determined complete by SCS. This
responsibility shall continue until the expiration of the measure
life of all the installed project practices . This does not
relieve the District ' s liability , which continues throughout the
life of the measure or until is modified to remove potential loss
of life or property .
V. RECORDS
The District will maintain in a centralized location a record of
all inspections and significant actions taken , cost of
performance , and completion date with respect to operation and
maintenance . SCS may inspect these records at any reasonable
time during the term of the agreement.
CLEVELAND SOIL 8 WATER CONSERVATION DISTRICT
By . '6 2�.�
Title :l T�A d
kop-
�.
Date : r_
This action was authorized at an official meeting of the District on
// 19 at
Attest: s.. Title : T�
UNITED STATES DEPARTMENT OF AGRICULTURE
SOIL CONSERVATION SERVICE
By : `
Title : State Conservationist
Date : SAY .09
2
33
OPERATION AND MAINTENANCE PLAN
Knob Creek Watershed
Cleveland County
Emergency Watershed Protection
A. General
1. This Operation and Maintenance (0&M) Plan applies to exigency emergency
watershed protection work to be performed at the following sites in the
Knob Creek Watershed:
(a) Site 1 -- Teal Road
(b) Site 2 -- Casar-Belwood Road
(c) Site 3 -- Carpenter's Grove Church Road
2. The work is sponsored by the Cleveland Soil and Water Conservation District
(SWCD) . All 0&M is the sole responsibility of the SWCO.
3. The SWCO will provide funds for all 0&M expenses. 0&M will begin at the
completion of the installation of the works of improvement and will remain
in effect for one (1) year.
B. Operating Plan
1. Anticipated items for 0&M necessary to maintain natural prestorm conditions
include, but are not limited to, removal of tree breakage from within the
channel . These items will be performed to maintain stream channel capacity
for approximately 2100 linear feet at Site 1, 1600 linear feet at Site 2,
and 1700 linear feet at Site 3.
C. Performing 0&M
0&M activities will be carried out by the following types of inspection:
1 . Informal Surveillance _
2. Special Inspections
3. Final Inspection
D. Inspections Schedule
1. Informal surveillance will be performed on a continuous basis as needed.
2. Special Inspections will be performed after any major storm.
3. Final Inspection will be performed one year after completion of the
installation of the works of improvement.
34
E. Violations
The SWCD is required to comply with the conditions set forth in this 0&M Plan.
Failure to comply will result in the SWCD being required to reimburse the
Federal Government for the financial assistance provided by SCS.
F. Reports
The SWCD will provide copies of all inspection reports to SCS. Reports of
maintenance problems identified by informal surveillance will be provided to
SCS as soon as these problems are identified.
35
EXHIBIT 6
INSPECTION STAFFING PLAN
EMERGENCY WATERSHED PROTECTION WORK
KNOB CREEK WATERSHED
CLEVELAND COUNTY, N.C.
(1) ITEMS OF WORK
Approximately 5,500 linear Ft. of channels have been damaged by
tornados. The work to be performed is in three different separate
reaches and will be performed by three separate procurements, one
purchase order for each reach of channel. The work to be inspected
includes the removal of down trees, debris and other obstructions from
the channels and the seeding of all disturbed areas.
(2) TIMING
It is anticipated that this work will be performed starting on about
May 24 and all work should be completed by June 23, 1989. Maximum
work week will be 6 days per week 10 hours per day.
(3) SKILLS NEED TO PERFORM INSPECTION
The inspector and government representative should be thoroughly
familiar with contracting procedures, and heavy equipment construction
relating to debris removal from streams, stream obstruction removal,
seed, and streambank stabilization.
(4) STAFF-HOURS
It is anticipated that this work will require about 20 days of the
inspector's time and about 15 days time for the government representa-
tive.
(5) EQUIPMENT AND FACILITIES
The equipment needed for this work will be a vehicle, flagging and
marking ribbon and paint, and normal supplies. All of the equipment
and materials needed are presently available in the field office.
(6) PERSONNEL
The following personnel have the knowledge and skills required to
perform this work:
JIM BOGGS Government Representative
JERRY PATE Construction Inspection
The above named people, through experience and training, possess the
required knowledge and skills to perform this work.
36
(7) AVAILABILITY
Jim Boggs and Jerry Pate will be available to perform the needed
inspection work.*I'The Area Conservationist certified their availabil-
ity on May 12, 1989.
*NOTE: Add signature block for Area Conservationist if no previous
certification has been provided.
APPROVAL OF CO-DETERMINERS
`S L�b 0 /State Conservation Engineer
Harry J. Gil on
Vke_,� /G State Administrative Officer
Dennis L-r'Berkstresser
INSPECTION STAFFING PLAN APPROVAL
L>r/• ��,•:.. State Conservationist
Bobbye Jones
OPTIONAL FORM 99(7.90)
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Fax 9/q � �. Fax e
NSN 7540-01-317-7368 5099-101 GENERAL SERVICES ADMINISTRATION