HomeMy WebLinkAbout2023-03-20 I01G Cost-Share Grant Contract_IDALS_LWC Headwaters Wetland\AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: March 20, 2023
AGENDA ITEM:Consideration of approval of a resolution approving Cost-Share Grant
Contract between the Iowa Department of Agriculture and Land Stewardship
(IDALS) and the City of Waukee [Little Walnut Creek Headwaters Wetland
& Greenway, Contract No. Urban23ARPA-015]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The project is located at the headwaters of Little Walnut
Creek and will improve the surface water quality for the Walnut Creek watershed. The primary
benefits of the project are improving water quality, reducing downstream channel erosion, aiding in
flood retention and providing residents/visitors access to a passive park amenity.
The City is seeking to transform a floodplain at the headwaters of a major watershed into a high-
quality stormwater asset that will manage new development and provide a community amenity. The
City has developed a strategic plan to utilize the location and natural function of the floodplain, but
also add key urban characteristics such as a multi-staged outlet, sediment forebays, and other elements
from the Iowa Stormwater Management Manual. With a drainage area greater than 900 acres, this
project will serve as a great opportunity to treat the water quality volume and channel protection
volume. This project will also set a great example of implementing best management practices as the
City has recently updated the standards for better stormwater management for new development.
IDALS has determined that the City’s proposed project meets the requirements established for
participation in the Conservation Infrastructure Project through Iowa’s Coronavirus State and Local
Fiscal Recovery Funds from the American Rescue Plan Act (ARPA), Assistance Listing #21.027
(Coronavirus State and Local Fiscal Recovery Funds). The Project must be completed no later than
December 31, 2024 unless an extension is granted by IDALS. This project is in the approved FY
2023-27 and draft FY 2024-28 CIPs with a total budget of $2,520,000.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS:
IDALS Grant $ 300,000
City’s Contribution $2,220,000
Total Budget $2,520,000
RECOMMENDATION: Approve the Resolution.
ATTACHMENTS: I. Resolution
II. Water Quality Initiative Cost-Share Grant Contract
PREPARED BY: Beth Richardson
REVIEWED BY: Rudy Koester RK
I1G
THE CITY OF WAUKEE, IOWA
RESOLUTION 2023-
APPROVING COST-SHARE GRANT CONTRACT BETWEEN THE
IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP (IDALS) AND
THE CITY OF WAUKEE [LITTLE WALNUT CREEK HEADWATERS WETLAND &
GREENWAY, CONTRACT NO. URBAND23ARPA-015]
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the project is located at the headwaters of Little Walnut Creek and will improve the
surface water quality for the Walnut Creek watershed; AND,
WHEREAS, the primary benefits of the project are improving water quality, reducing downstream
channel erosion, aiding in flood retention and providing residents/visitors access to a passive park
amenity; AND,
WHEREAS, IDALS has determined that the City’s proposed project meets the requirements
established for participation in the Conservative Infrastructure Project through Iowa’s Coronavirus
State and Local Fiscal Recovery Funds from the American Rescue Plan Act (ARPA); AND,
WHEREAS, the project must be completed no later than December 31, 2024 unless an extension is
granted by IDALS; AND,
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the Cost-
Share Grant Contract between the Iowa Department of Agriculture and Land Stewardship (IDALS)
and the City of Waukee [Little Walnut Creek Headwaters Wetland & Greenway, Contract No.
Urban23ARPA-015] is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 20th day of March 2023.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman Pierce
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
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WATER QUALITY INITIATIVE
Water Quality Demonstration Projects
CONTRACT NUMBER: Urban23ARPA-015
Project Name: Little Walnut Creek Headwaters Wetland & Greenway
Contract Effective Date: March 15, 2023
Project Completion Date: December 31, 2024
Award Amount: $300,000.00
COST-SHARE GRANT CONTRACT (“Contract”)
BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP
(IDALS)
Wallace State Office Building
502 East 9th St.
Des Moines, Iowa 50319
IDALS Contact Person: Paul Miller Phone: (515) 281-5833
AND City of Waukee (“GRANTEE”)
805 University Avenue
Waukee, IA 50263
Grantee Contact Person: Rudy Koester Phone: (515) 978-7388
Grantee ID Number: (federal identification #) :
WHEREAS, pursuant to Iowa Code section 466B.42, the Water Quality Initiative Program
was established in order to assess and reduce nutrients in the state’s watersheds, including
subwatersheds and regional watersheds, with the goal of establishing and administering projects to
reduce nutrients in surface waters from nonpoint sources in a scientific, reasonable, and cost-effective
manner; and,
WHEREAS, IDALS has determined Grantee’s proposed project meets the requirements established
for participation in the Conservation Infrastructure Project through the Iowa’s Coronavirus State
and Local Fiscal Recovery Funds from the American Rescue Plan Act (ARPA), Assistance Listing
# 21.027 (Coronavirus State and Local Fiscal Recovery Funds)
NOW, THEREFORE, in consideration of the mutual promises, covenants, and contracts
contained herein, IDALS and Grantee agree as follows:
42-6006605
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SECTION 1. PROJECT
“Project” means the detailed description of the work, services, budget and other obligations to be
performed or accomplished by the Grantee as described and, as approved by IDALS and incorporated
as Exhibit A to this Contract.
SECTION 2. PROJECT COMPLETION DEADLINE
The Project must be completed no later than December 31, 2024. An extension may be granted by
IDALS, through an amendment, if a written request showing demonstrable progress toward
completion of the Project is submitted and IDALS determines such an extension is warranted. Any
extension request submitted by the Grantee must be received by IDALS no later than 30 days prior
to expiration of this contract.
SECTION 3. DURATION OF COST-SHARE GRANT CONTRACT
3.1 This Contract shall become effective on the Contract Effective Date and shall remain in effect
as follows:
a)Through Project Period Completion Date. Through the Project Period Completion Date and
for the period of time after Project Completion Date during which IDALS, or its designee,
conducts Project closeout procedures to verify that the Project has been completed in
compliance with the Contract.
b)Until Repayment or Satisfaction of Outstanding Obligation. Until all outstanding amounts
due to IDALS, if any, are received by IDALS, or all outstanding obligations to IDALS are
satisfied in full.
c)Through Contract End Date. Until IDALS, or its designee, has completed Contract closeout
procedures and provided Grantee with written Notice of Final Contract Closeout. This
Contract shall terminate as of the date stated in the written Notice of Final Contract Closeout;
such date shall be the Contract End Date.
3.2 SURVIVAL OF OBLIGATIONS. Section 3.1 shall not abrogate or otherwise effect the
obligations, terms, and conditions that survive beyond the Contract End Date, including but not
limited to the following sections of this Contract: Section 4.4 (Accounting Records), Section 4.5
(Documentation), and Section 4.6 (Conveyance of Project Property).
SECTION 4. TERMS OF CONTRACT
4.1 GRANT. IDALS shall provide a Grant to Grantee up to the Award Amount stated on page 1
of this Contract in order to assist in financing the Project, subject to Iowa Code chapter 466B, IDALS
administrative rules (located at 27 Iowa Admin. Code chapter 16), the Iowa Conservation
Infrastructure Project through ARPA, Assistance Listing # 21.027, and the terms and conditions of
this Contract. A copy of the details describing the Project is an integral part of this Contract and is
marked as Exhibit A and hereby incorporated herein.
4.2 MAXIMUM PAYMENTS. It is expressly understood and agreed that the maximum amounts
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to be paid to the Grantee by IDALS for Project activities shall conform to the budget as presented in
Contract Exhibit B - Project Budget. It is further understood and agreed that the total of all payments
to the Grantee by IDALS for Project activities shall not exceed the Award Amount unless modified
by written amendment of this Contract.
4.3 USE OF FUNDS. The Grantee hereby agrees to construct and operate the Project as described
in Exhibit A, as approved by IDALS, and Exhibit B, Project Budget. Grantee shall maintain the
Project in accordance with the representations in Exhibits A and B during the term of this Contract.
Grantee shall allow IDALS, its internal or external auditors, the Auditor of the State of Iowa, the
Treasurer of the State of Iowa, the Attorney General of the State of Iowa, and the Iowa Division of
Criminal Investigation, to inspect the Project facilities at all reasonable times in order to monitor and
evaluate performance with the terms of this Contract and Iowa law.
4.4 ACCOUNTING RECORDS. Grantee shall maintain its books, records and all other
evidence pertaining to this Contract in accordance with generally accepted accounting principles.
These records shall be available to IDALS, its internal or external auditors, the Auditor of the State
of Iowa, the Treasurer of the State of Iowa, the Attorney General of the State of Iowa, and the Iowa
Division of Criminal Investigation, at all times during the duration of this Contract and any extension
thereof, and for three (3) full years following the Contract End Date.
4.5 DOCUMENTATION. Within 10 days of receipt of a written request from IDALS, Grantee
shall deliver to IDALS: (i) copies of all contracts or documents relating to the Project; (ii) copies of
all invoices, receipts, statements or vouchers relating to the Project; (iii) a list of all unpaid bills in
connection with the Project; and, (iv) budgets and revisions showing estimated Project costs and funds
required at any given time to complete and pay for the Project. Grantee shall be bound by this
requirement from the Effective Date to a date three (3) full years following the Contract End Date.
4.6 CONVEYANCE OF PROJECT PROPERTY. Between the Effective Date and a date three
(3) full years following the Contract End Date, Grantee shall not sell, transfer, convey, assign,
encumber or otherwise dispose of any portion of the Project property as described in Exhibit A
without express written permission of IDALS, which permission may be withheld in the sole
discretion of IDALS.
4.7 INDEPENDENT CONTRACTOR. Grantee’s status shall be that of an independent
contractor. Neither the Grantee, its employees, agents, or any subcontractors performing work or
services for the Grantee are, or shall be deemed to be, employees or agents of the State of Iowa, and
shall not be considered employees of IDALS or the State of Iowa for federal or state tax purposes.
IDALS shall not withhold taxes on behalf of the Grantee unless required to do so by law.
4.8 USE OF THIRD PARTIES. IDALS acknowledges that Grantee may contract with third
parties for the performance of any of the Grantee’s obligations under this Contract. All subcontracts
shall be subject to prior approval by IDALS. Grantee may enter into such contracts to complete the
Project provided that Grantee remains responsible for all services performed under this Contract. All
restrictions, obligations and responsibilities of the Grantee under this Contract shall apply to any
subcontractors retained by Grantee. IDALS shall have the right to request the removal of any
subcontractor from the Project for good cause. Subcontracts shall be submitted to IDALS for approval
before entry into force and effect.
4.9 AWARD AMOUNT, TYPE. This is a cost-share grant award in the amount of $300,000.
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4.10 USE OF LOGOS AND SIGNAGE. The Grantee will be required to include the
CleanwaterIowa.org and the IDALS logo in any marketing and outreach materials developed in
conjunction with the project and funded either with grant proceeds or with matching funds.
4.11 STANDARDS AND SPECIFICATIONS. The practices installed shall comply with Iowa
Stormwater Management Manual (ISWMM) standards and specifications or with USDA Natural
Resources Conservation Service (NRCS) Standards and Specifications, where available.
Practice plans and designs must be approved by an Urban Conservationist assigned by IDALS
following the project review and implementation guidelines established in the Water Quality Initiative
Milestone Checklist prior to proceeding with design finalization or any associated construction
activities.
All practices installed with WQI funds will be subject to IDALS maintenance agreement requirements
to ensure the respective practice(s) will be maintained through its anticipated lifespan. Agreement
durations and requirements are practice specific and should be discussed with the Urban
Conservationist assigned by IDALS.
4.12 PROJECT REPORTING AND TRAINING REQUIREMENTS. A representative of the
Grantee will be required to attend any IDALS identified training events and/or meetings. IDALS will
provide sufficient notification of required training sessions.
In addition, the Grantee is required to submit progress reports periodically during the project to
document activities and progress in conformance with printed report guidance provided by IDALS.
Any failure by a grantee to meet established deadlines for submission of progress reports will result
in immediate suspension of all disbursement of funds to the Grantee, including advance requests and
all reimbursements. This suspension will continue until receipt by IDALS of all outstanding reports
associated with this Contract.
Specifically, Grantee is required to:
a)Provide IDALS with quarterly progress reports within fifteen (15) days after the end of
each quarterly reporting period.
b)Provide a comprehensive final report in conformance with the printed report guidance
provided by IDALS, within 30 days of conclusion of the project.
SECTION 5. RELEASE AND DISBURSEMENT OF FUNDS
5.1 CONDITIONS FOR RELEASE OF FUNDS. No funds shall be released for disbursement
until this Contract has been executed and the Grantee has properly completed each of the following
items:
a)Attendance by at least one representative of the applicant at program orientation offered
by IDALS staff.
b)Completion and submission of form “W-9, Request for Taxpayer Identification Number
and Certification.”
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c)Evidence, acceptable to IDALS or its designee, that acceptable accounting policies and
procedures are in place within 90 days of contract execution by all parties.
5.2 REQUESTS FOR DISBURSEMENT. All disbursements of proceeds shall be subject to
receipt by IDALS of requests for disbursement submitted by Grantee. Requests for disbursement shall
be in a form and content acceptable to IDALS.
Grantee or its designee shall request disbursement by submitting to IDALS or its designee the request
form provided by IDALS (as the same may be modified from time to time by IDALS), which request
form shall itemize Grantee's total allowable expenses, if any. Expenses shall be documented in a
manner acceptable to IDALS or its designee.
IDALS or its designee shall review the request and, if acceptable to IDALS or its designee, make the
appropriate disbursement from the Conservation Infrastructure Project Fund.
The disbursement authorized by IDALS or its designee will be limited to the expected allowable
expenses for the relevant period. Major budget category Practice Costs may deviate by ten (10)
percent by line item without prior approval of the Division, but total expenditures shall not exceed
the total budget amount provided in the project contract.
5.3 SUSPENSION OF DISBURSEMENT. Upon the occurrence of an Event of Default (as
defined in this Contract) by Grantee, IDALS or its designee may suspend payments to Grantee until
such time as the default has been cured to IDALS’ satisfaction. Notwithstanding anything to the
contrary in this Contract, upon a termination of this Contract on account of an Event of Default by
the Grantee, Grantee shall no longer have the right to receive any disbursements after the date of the
Event of Default.
5.4 INVESTMENT OF GRANT FUNDS. In the event grant funds are not immediately utilized,
temporarily idle grant funds held by Grantee may be invested, provided such investments shall be in
accordance with State law, including but not limited to the provisions of Iowa Code chapter 12C
concerning the deposit of public funds. Interest accrued on temporarily idle grant funds held by the
Grantee shall be credited to and expended on the Project prior to the expenditure of other grant
proceeds.
All proceeds remaining, including accrued interest, after all allowable Project costs have been paid
or obligated shall be returned to IDALS within thirty (30) days following the Project Completion
Date. Within ten (10) days of receipt of a written request from IDALS, Grantee shall inform IDALS
in writing of the amount of unexpended grant funds in Grantee's possession or under the Grantee's
control, whether in the form of cash on hand, investments, or otherwise.
SECTION 6. REPRESENTATIONS AND WARRANTIES
Grantee represents and warrants to IDALS as follows:
6.1 Grantee is duly organized, validly existing and in good standing as a recognized legal entity
under Iowa law. Grantee has full and adequate power to own its property and conduct its business as
now conducted, and is duly licensed or qualified and in good standing in each jurisdiction in which
the nature of the business conducted by it or the nature of the property owned or leased by it requires
such licensing or qualifying.
6.2 Grantee has full right and authority to enter into this Contract and the person signing this
Contract on behalf of Grantee has full authority to do so.
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6.3 Grantee hereby agrees to use Award proceeds only for the Project and the activities described
in the approved Exhibits A and B.
6.4 The materials furnished to IDALS by Grantee does not contain any untrue statements of a
material fact or omit a material fact.
6.5 Grantee has received all licenses, permits, and approvals of all Federal, state, local, and foreign
governmental authorities, if any, necessary to conduct its businesses; no investigation or proceeding
which, if adversely determined, could reasonably be expected to result in revocation or denial of any
material license, permit, or approval is pending or, to the knowledge of the Grantee threatened.
6.6 Grantee shall complete the Project by the Project Completion Date.
6.7 All financial statements and related materials concerning the Grantee and the Project provided
to IDALS are true and correct in all material respects and completely and accurately represent the
subject matter thereof as of the Effective Date of the statements and related materials, and no material
adverse change has occurred since that date.
SECTION 7. DEFAULT
7.1 EVENTS OF DEFAULT. The occurrence of any one or more of the following events shall
constitute cause for IDALS to declare Grantee in default of its obligations under this Contract: (i) a
failure of Grantee to complete the Project by the Project Completion Date; (ii) a breach of any other
term of this Contract.
7.2 NOTICE OF DEFAULT, REMEDIES. When IDALS determines that an Event of Default
has occurred and is continuing, IDALS may, by written notice to Grantee: (i) terminate this Grant
Contract and all obligations of IDALS under the Contract as of the date stated in such notice, and (ii)
declare the full amount of Award funds, disbursed, immediately due and payable. Grantee agrees to
pay to IDALS all expenses reasonably incurred or paid by IDALS, including reasonable attorneys’
fees and court costs, in connection with the enforcement of any of the terms of this Grant Contract.
7.3 REPAYMENT OR PENALTY. Upon the happening of any Event of Default, IDALS
reserves the right to terminate this Contract and to require immediate repayment of the full amount
of funds disbursed to Grantee under this Contract.
SECTION 8. TERMINATION
8.1 TERMINATION UPON NOTICE. Following ten (10) days’ written notice, IDALS may
terminate this contract in whole or in part without payment of any penalty or the incurring of any
further obligation to the Grantee. Following termination upon notice, Grantee shall be entitled to
compensation, upon submission of invoices and proper proof of claim, for services provided under
this Contract to IDALS up to and including the date of termination.
8.2 NON-APPROPRIATION. Notwithstanding anything in this contract to the contrary, and
subject to the limitations, conditions and procedures set forth below, IDALS shall have the right to
terminate this contract without penalty by giving thirty (30) days written notice to the Grantee as a
result of any of the following: (1) the legislature or governor fail to appropriate funds sufficient to
allow IDALS to operate as required and to fulfill its obligations under this contract; (2) if funds are
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de-appropriated or not allocated; (3) if IDALS’ authorization to operate is withdrawn or there is a
material alteration in the programs administered by IDALS; and (4) if IDALS’ duties are substantially
modified. In the event of termination of this Contract due to non-appropriation, the exclusive, sole,
and complete remedy of the Grantee shall be payment for services completed prior to termination.
8.3 REMEDIES OF THE GRANTEE IN EVENT OF TERMINATION BY IDALS. In the
event of termination of this Contract for any reason by IDALS, IDALS shall pay only those amounts,
if any, due and owing to the Grantee for services actually rendered up to and including the date of
termination of the Contract and for which IDALS is obligated to pay pursuant to this Contract.
Payment will be made only upon submission of invoices and proper proof of the Grantee’s claim.
This provision in no way limits the remedies available to IDALS under this Contract in the event of
termination.
8.4 THE GRANTEE’S TERMINATION DUTIES. The Grantee, upon receipt of notice of
termination or upon request of IDALS, shall:
8.4.1 Cease work under this Contract and take all necessary or appropriate steps to limit
disbursements and minimize costs, and furnish a report within thirty (30) days of the date of notice
of termination, describing the status of all work under the Contract, including, without limitation,
results accomplished, conclusions resulting therefrom, any other matters IDALS may require.
8.4.2 Comply with the IDALS’s instructions for the timely transfer of any active files and work
product produced by the Grantee under this Contract.
8.4.3 Immediately return to IDALS any payments made by IDALS for services that were not
rendered by Grantee.
SECTION 9. CONFLICT OF INTEREST
Grantee represents, warrants, and covenants that no relationship exists or will exist during the
Contract period between IDALS and Grantee that is a conflict of interest. No employee, officer or
agent of Grantee shall participate in the selection or the award or administration of a subcontract if a
conflict of interest, real or apparent, exists. The provisions of Iowa Code Ch. 68B shall apply to this
Contract. If a conflict of interest is proven to IDALS, IDALS may terminate this Contract, and
Grantee shall be liable for any excess costs to IDALS as a result of the conflict of interest. Grantee
shall establish safeguards to prevent employees, consultants, or members of governing bodies from
using their positions for purposes that are, or give the appearance of being, motivated by the desire
for private gain for themselves or others with whom they have family, business, or other ties. Grantee
shall report any potential, real, or apparent conflict of interest to IDALS.
SECTION 10. INDEMNIFICATION
Grantee shall jointly and severally defend, indemnify and hold IDALS, its successors and assigns,
harmless from and against any liability, loss, damage or expense, including reasonable counsel fees,
which IDALS may incur or sustain by reason of: (a) the failure of Grantee to fully perform and comply
with the terms and obligations of this Contract; (b) Grantee's performance or attempted performance
of this Contract; (c) Grantee's activities with subgrantees and third parties.
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SECTION 11. CONTRACT ADMINISTRATION
11.1 NONASSIGNMENT. This Contract may not be assigned without prior written consent of
IDALS.
11.2 COMPLIANCE WITH THE LAW; NONDISCRIMINATION IN EMPLOYMENT.
The Grantee, its employees, agents, and subcontractors shall not engage in discriminatory
employment practices which are forbidden by federal or state law, executive orders, and rules of the
Iowa Department of Administrative Services. The Grantee, its employees, agents, and
subcontractors shall comply with all applicable federal, state, and local laws, rules, ordinances,
regulations, orders when performing under the Contract, including without limitation, all laws
applicable to the prevention of discrimination in employment (e.g., Iowa Code chapter 216 and
section 19B.7) and the use of targeted small businesses as subcontractors and suppliers. Upon the
State’s written request, the Grantee shall submit to the State a copy of its affirmative action plan,
containing goals and time specifications, and accessibility plans and policies as required under Iowa
Administrative Code chapter 11—121.
The Grantee, its employees, agents and subcontractors shall also comply with all federal, state, and
local laws, including any permitting and licensure requirements, in carrying out the work performed
under this Contract.
In the event Grantee contracts with third parties for the performance of any of the Grantee
obligations under this Contract as set forth in section 4.8, Grantee shall take such steps as necessary
to ensure such third parties are bound by the terms and conditions contained in this section.
Notwithstanding anything in this Contract to the contrary, Grantee failure to fulfill any requirement
set forth in this section shall be regarded as a material breach of this Contract and the State may
cancel, terminate, or suspend, in whole or in part, this Contract. The State may further declare
Grantee ineligible for future state contracts in accordance with authorized procedures or the Grantee
may be subject to other sanctions as provided by law or rule.
If all or a portion of the funding used to pay for the Deliverables is being provided through a grant
from the Federal Government, Grantee acknowledges and agrees that pursuant to applicable federal
laws, regulations, circulars and bulletins, the awarding agency of the Federal Government reserves
certain rights including, without limitation a royalty-free, non-exclusive and irrevocable license to
reproduce, publish or otherwise use, and to authorize others to use, for Federal Government
purposes, the Deliverables developed under this Contract and the copyright in and to such
Deliverables.
11.3 AMENDMENTS. No change, modification, or termination of any of the terms, provisions
or conditions of this Grant Contract shall be effective unless made in writing and signed by both
parties.
11.4 COMPLIANCE WITH LAWS AND REGULATIONS. Grantee shall comply with all
applicable State and federal laws, rules, ordinances, regulations and orders, including those
governing procurement. Grantee declares that it has complied with all federal, state, and local laws
regarding business permits and licenses that may be required to carry out the work to be performed
under this Contract.
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11.5 ACCESS TO RECORDS. Grantee shall permit IDALS or its representatives and the State
Auditor to access and examine, audit, excerpt and transcribe any pertinent books, documents, papers
and records of Grantee relating to orders, invoices, or payments, or any other documentation or
materials pertaining to this Contract. All records of Grantee relating to this Contract shall be
retained for a period of three (3) years following the date of final payment or completion of any
required audit, whichever is later.
11.6 AUDITS. IDALS reserves the right to require an audit of the Grantee’s approved
project and related activities at any time, during or after completion of the project. Any expenses
pertaining to the project as a result of the audit will be an allowable expense under this Contract and
will follow normal disbursement procedures.
11.7 UNALLOWABLE COSTS. If IDALS determines at any time, whether through
monitoring, audit, closeout procedures or other means that Grantee has received Grant funds or
requested disbursement for costs which are unallowable under the terms of this Contract, Grantee
shall immediately repay to IDALS any and all unallowable costs.
11.8 SURVIVAL OF CONTRACT. If any portion of this Contract is held to be invalid or
unenforceable, the remainder shall be valid and enforceable.
11.9 GOVERNING LAW. This Contract shall be interpreted in accordance with the law of the
State of Iowa, and any action relating to the Contract shall only be commenced in the Iowa District
Court for Polk County or the United States District Court for the Southern District of Iowa.
11.10 INTEGRATION. This Contract contains the entire understanding between Grantee and
IDALS relating to this Project and any representations that may have been made before or after the
signing of this Contract, which are not contained herein, are nonbinding, void and of no effect.
Neither of the parties has relied on any such prior representation in entering into this Contract.
SECTION 12. FEDERAL CLAUSES
12.1 DEBARMENT AND SUSPENSION. In order to confirm funding eligibility, the IDALS
reserves the right to verify the Grantee’s compliance status with applicable local, state and federal
statutes and regulations. The Grantee certifies by entering into this Agreement that it is not
presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded
from entering into this Grant by any federal agency or by any department, agency or political
subdivision of the State. If the Grantee receives financial assistance, the offer of funds may be
rescinded if the Grantee is determined to be out of compliance with applicable local, state and
federal regulations.
12.2 BYDR ANTI-LOBBYING AMENDMENT. Grantees that apply or bid for an award
exceeding $100,000 must file the required certification. Each entity certifies to the entity above that
it will not and has not used Federal appropriated funds to pay any person or organization for
influencing or attempting to influence an officer or employee of any agency, a member of Congress,
officer or employee of Congress, or an employee of a member of Congress in connection with
obtaining any Federal contract, grant or any other award covered by 31 U.S.C. 1352. Each entity
must also disclose any lobbying with non-Federal funds that takes place in connection with obtaining
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any Federal award. Such disclosures are forwarded from entity to entity up to the non-Federal award.
12.3 CONTRACT WORK HOURS AND SAFETY STANDARDS ACT. Where applicable,
all contracts awarded by the non-Federal entity in excess of $100,000 that involve the employment of
mechanics or laborers must include a provision for compliance with 40 U.S.C. 3702 and 3704, as
supplemented by Department of Labor regulations (29 CFR Part 5). Under 40 U.S.C. 3702 of the
Act, each contractor must be required to compute the wages of every mechanic and laborer on the
basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible
provided that the worker is compensated at a rate of not less than one and a half times the basic rate
of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C.
3704 are applicable to construction work and provide that no laborer or mechanic must be required to
work in surroundings or under working conditions which are unsanitary, hazardous or dangerous.
These requirements do not apply to the purchases of supplies or materials or articles ordinarily
available on the open market, or contracts for transportation or transmission of intelligence.
12.4 CLEAN AIR ACT (42 U.S.C. 7401-7671Q) AND THE FEDERAL WATER
POLLUTION ACT (33 U.S.C. 1251-1387).Contracts and subgrants of amounts in excess of
$150,000 must contain a provision that requires the non-Federal award to agree to comply with all
applicable standards, orders or regulations issued pursuant to the Clean Air Act (42 U.S.C. 7401-
7671q) and the Federal Water Pollution Control Act as amended (33 U.S.C. 1251-1387). Violations
must be reported to the Federal awarding agency and the Regional Office of the Environmental
Protection Agency (EPA).
12.5 SINGLE AUDIT.A non-federal entity that expends $750,000 or more during the non-
federal entity’s fiscal year in the federal awards must have a single audit conducted, in accordance
with 45 CFR section 75.514 (“Scope of Audit”), except when the entity elects to have a program-
specific audit conducted, in accordance with 45 CFR part 75.501, section (c).
IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the
latest date stated below.
FOR GRANTEE:
City of Waukee
/ /
Signature Print Name/Title Date
FOR IDALS:
/ /
Grant Menke, Deputy Secretary of Agriculture Date
Courtney Clarke, Mayor 03 20 2023
Iowa Department of Agriculture & Land Stewardship
Water Quality Initiative Urban Conservation Projects Pre-Application
Project Title: Little Walnut Creek Headwaters Wetland & Greenway
Applicant Entity: City of Waukee, Iowa
Contact Person: Rudy Koester, Public Works Director ________________________
Address: 805 University Avenue Signature
Waukee, Iowa 50263
Phone & E-mail: (515) 978-7388 rkoester@waukee.org
The project is located at the headwaters of Little Walnut Creek. Improving the surface water
will enhance the quality of life for residents in Waukee and will help water quality that affects
the Walnut Creek watershed. The primary benefits of the project are improving water quality,
reducing downstream channel erosion, and aiding in flood retention.
Project Partners: Iowa Department of Natural Resources, City of Clive, Polk Soil & Water
Conservation District, Des Moines Water Works, Dallas County Conservation Board, Polk County
Public Works, Walnut Creek Watershed Management Authority
Budget Summary:
IDALS Request
Applicant
Contributions
Partner
Contributions Total Budget
March 15, 2023 –
June 30, 2023 $850,000 $850,000
July 1, 2023 –
December 31, 2024 $300,000 $1,350,000 $1,650,000
Overall $300,000 $2,200,000 $2,500,000
Executive Summary:
The City of Waukee is seeking to transform a floodplain at the headwaters of a major
watershed into a high-quality stormwater asset that will manage new development and provide
a community amenity. The City has developed a strategic plan to utilize the location and
natural function of the floodplain, but also add key urban characteristics such as a multi-staged
outlet, sediment forebays, and other elements from the Iowa Stormwater Management
Manual. With a drainage area greater than 900 acres, this project will serve as a great
opportunity to treat the water quality volume and channel protection volume. This project will
also set a great example of implementing best management practices as the City has recently
updated their standards for better stormwater management for new development.
Exhibit A
This property is at the headwaters of Little Walnut Creek and is currently floodplain surrounded
by farmland. The project consists of creating a stormwater wetland and greenway that will
provide water quality benefits for Little Walnut Creek and Walnut Creek and aid in stormwater
detention. The wetland will be created by constructing earthen berms to trap and temporarily
hold water before slowly releasing it. The existing site will be graded to create shallow and
deep pool zones and low and high marsh zones. Forebays will be located at points of
concentrated inflow. Photos of the area are attached.
The primary water quality practices that will be installed with this project are forebays, a multi-
stage outlet, grading modifications to create a wetland, and native plantings. Illustrations of
some of these features are attached. The watershed is approximately 918 acres. It consists
mostly of Nicollet loam, Clarion loam, and Canisteo clay loam soils. The land use is currently
agriculture. A map showing the watershed for the wetland is attached.
The development concept for the area surrounding the proposed wetland is attached. The area
designated for the wetland includes 31.15 acres. It is expected that forebays will provide water
quality volume pretreatment for the adjacent development. The wetland will treat full water
quality volume and channel protection volume from the adjacent development. Larger
detention areas adjacent to the wetland will work in tandem with the wetland to address
overbank flood protection and extreme flood protection for the surrounding residential areas.
This development is scheduled to begin in 2023. The wetland project is included in the City’s
Capital Improvement Plan for 2023 and funds have been budgeted to complete the project
concurrently with the development.
The City’s Northwest Neighborhood Plan is also attached. Most of this conceptual area lies
within the 918-acre wetland watershed. A regional detention pond is envisioned upstream of
the proposed wetland. The regional detention pond is expected to provide full detention for
the surrounding developments including treatment of water quality volume. The wetland will
be designed to work in series with the proposed upstream regional detention pond to provide
necessary water quality treatment and detention for the full watershed. The design will be
refined as planning moves forward.
The project corresponds with goals set in the Walnut Creek WMA Watershed Plan. Problems
identified in the plan include loss of topsoil, streambank erosion, construction site pollution,
pollutant loading and transport, and flooding implications all exacerbated by the way
agricultural and urban uses have changed the character of the watershed. Nutrient and
phosphorus counts are high in the upper reaches of the watershed where agricultural uses
dominate. Bacteria counts and sediment loads provide challenges, along with flooding, in the
lower reaches.
Recent flooding events in the Des Moines metropolitan area, especially along Walnut Creek,
have shown the necessity and benefits of flood retention at the headwaters of the creek.
Regional detention basins have recently been constructed in the vicinity of the project for
Northwest High School, Triumph Park and several residential and commercial developments.
The flood retention at this location will work in conjunction with the nearby regional detention
basins to greatly reduce downstream flooding.
By layering together the management of both small and large storm events, projects like the
Little Walnut Creek headwaters wetland create great examples of implementing the most
impactful projects possible. A newly designed multi-staged outlet will be key to allowing the
wetland to function as a stormwater tool. With water velocities being increased significantly
from impervious areas in the upstream drainage area, many of the pollutants will be flushing
through watershed and will be causing significant downstream erosion. Slowing runoff from
smaller storms will allow improved water quality and stream stability downstream will be able
to be documented.
This area will also be part of an expansion of the greenway running through Waukee along Little
Walnut Creek that will protect the creek and include a recreational trail. Development is
occurring rapidly throughout Waukee and this area of town in particular is growing quickly due
to the new high school. It is very important to protect these waterways before development
expands further. This project will enhance the existing floodplain and will allow wildlife to
continue to thrive in the area.
Benefits of the project will be evaluated with several measures. The most obvious water
quality benefits will be the reduction of streambank erosion and flooding. A preliminary stream
stability study was completed in 2013 as part of the Walnut Creek Watershed Plan, creating a
baseline for stability along Little Walnut Creek. This provides a great opportunity to complete a
follow up assessment after the wetland is created and the greenway continues to expand.
Pollutants, nutrients, phosphorus, bacteria, and sediment levels are also currently being
monitored through a real time sensor network, including one downstream of this project site.
Continued monitoring will document improved water quality and stream health downstream.
The number of people spending time along the wetland and waterway can also be observed to
measure the success in creating recreational opportunities for the community.
The City will be able to educate the public about water quality enhancement with the
construction of this project and public participation will be critical to its success. The proximity
of the project to the new high school will easily allow educational opportunities for students to
learn more about water quality practices. The City will hold an in person or virtual open house
for the general public before construction starts on the project. The open house will be hosted
by the City and be attended by project partners to describe the practices and intent of the City
completing the project. Once the project is complete the City will consider a field day to
showcase the project to residents of Waukee along with all project partners.
If awarded a grant, the City will publish notice of the grant on the City website and all City social
media accounts. Information may also be provided to the Des Moines Register and Dallas
County News. Project signs will be placed at the site noting that the project was created with
the assistance of WQI funds.
Planning and design for the project is well underway. A design contract has been awarded and
initial storm water modeling and wetland sizing calculations have been completed. The
modeling includes the water quality volume, channel protection volume, overbank flood
protection, and extreme flood protection standards for both the existing conditions with
undeveloped offsite pass through flows and the future conditions with full build out of the
watershed and a regional detention basin upstream from the site. Preliminary drainage area
maps, water quality volume calculations, and modeling summaries are attached.
The wetland is sized to meet the Iowa Stormwater Management Manual Standards listed above
for the adjacent subdivision using a multi‐stage outlet. A water quality volume of
approximately 106,000 cubic feet has been calculated for the adjacent subdivision. Forebays
have been preliminary sized to contain 10% of this volume and the permanent pool volume has
been preliminary sized to exceed the full water quality volume. The area needed for this
volume fits well within the existing topography of the area. A mix of B, C, and D soils are
located throughout the watershed. A drawing showing the latest concept based on the initial
design is attached. Nearly 1,931,000 cubic feet of storage is available above the expected
normal pool elevation in the wetland footprint. This volume provides many options for
detention of overbank flood protection and extreme flood protection events for both the
adjacent development and upstream areas.
Design and permitting is expected to continue throughout the spring of 2023 and the project is
expected to be ready for bidding by late summer of 2023. Construction is expected to begin in
fall of 2023 and be completed in 2024. Based on the estimated project scale and limits, the
project appears to qualify for Section 404 Authorization under Regional Permit No. 39: IDALS
Targeted Water Quality Improvement for Created/Restored Wetlands. Such an authorization
will facilitate timely regulatory approval of the project once designed and any necessary
mitigation secured. Should the project impact jurisdictional wetlands, additional compensatory
wetland mitigation may be required, but the intent is to enhance the existing wetlands in lieu of
destroying them.
Partners for the project include the Iowa Department of Natural Resources (IDNR), City of Clive,
Polk Soil & Water Conservation District (PSWCD), Des Moines Water Works (DMWW), Dallas
County Conservation Board (DCCB), Polk County Public Works (PCPW), and Walnut Creek
Watershed Management Authority (WCWMA). IDNR previously awarded a $125,000 REAP
grant for land acquisition for the project although this grant was ultimately used for another
project within the Walnut Creek watershed. The DCCB, PSWCD, WCWMA, City of Clive, and
DMWW will provide support for the project to ensure it meets their strategy of improving
water quality in the watershed. PCPW is providing planning support from Watershed
Management Authority Coordinator John Swanson. PSWCD is providing planning and design
support from urban conservationist Jennifer Welch. Many of the contributions from the
partners will be in planning and design and do not have a set monetary value, but these
contributions are invaluable to the project. Letters of support from the project partners are
attached.
Descriptions of the proposed practices are as follows:
Practice #1: Stormwater Wetland IDALS: $300,000.00
TOTAL: $1,507,000.00
Practice Details: The existing site will be graded to create shallow and deep pool zones and
low and high marsh zones. Forebays will be located at points of concentrated inflow. They
will capture heavier sediment particles from incoming runoff. A multi-stage outlet will be
installed to manage the unified sizing criteria in accordance with the Iowa Stormwater
Management Manual. Native seeding will be planted around the perimeter of the wetland to
create a buffer that will help infiltration into the soil.
Water quality volume for the watershed will be treated by the wetland in conjunction with a
future regional detention basin upstream and with detention basins being constructed for
adjacent residential developments. ISWMM guidance regarding series in practice and inflow
from areas beyond project limits will be followed. The City is working on stormwater
calculations and offsite water conditions with the proposed developments. Current and
future conditions of the offsite areas will be modeled as design proceeds.
Initial permitting requirements of the US Army Corps of Engineers are being evaluated.
Wetland investigation and protected-species review is underway. On-site wetland and
stream impacts that may require compensatory mitigation are being identified. Regional
General Permit 39 is currently being targeted. Discussions with USACE regarding permitting
and mitigation will begin soon.
The preliminary budget for the project is as follows:
Work Item Price
Wetland Construction $1,246,000.00
Signage $10,000.00
Contingency $251,000.00
Construction Subtotal $1,507,000.00
Engineering, Legal, Administrative $293,000.00
Property Acquisition $700,000.00
Total $2,500,000.00
Site Looking West
Site Looking South
Site looking East
Illustrations of a stormwater wetland and a multi-stage outlet
from the Iowa Stormwater Management Manual
Wetland Watershed
Nitrogen Loading in Walnut Creek Watershed
Exhibit B Budget
Component Total
IDALS/
WQI
Local Match
Amount Match Source(s)
Practices (list & number)
1.Stormwater Wetland $1,507,000 $300,000 $1,207,000 Local
2.$ $ $
3.$ $ $
4.$ $ $
5.$ $ $
6.$ $ $
(add lines as needed) $ $ $
TOTALS $1,507,000 $300,000 $1,207,000