HomeMy WebLinkAbout2020-04-06-J01K Library Stormwater Improvements_Water Quality Initiative Cost-Share GrantAGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: April 6, 2020
AGENDA ITEM:Consideration of approval of a resolution approving Water Quality
Initiative Cost-Share Grant Contract between Iowa Department of
Agriculture and Land Stewardship and the City of Waukee [Waukee
Public Library Stormwater Improvement Project, Contract No.
Urban20WQI-006]
FORMAT:Resolution
SYNOPSIS INCLUDING PRO & CON: The City of Waukee applied for and was awarded a
$100,000 grant through the Iowa Department of Agriculture and Land
Stewardship (IDALS) Water Quality Initiative (WQI) Urban Conservation
Project program. This grant will go towards the Waukee Public Library
Stormwater Improvements project currently scheduled to start
construction in 2020 with a completion in 2021. This grant will go
towards two components of the overall project, the bioretention cells and
informational signage for the many different Stormwater Best
Management Practices that are a part of the improvement project.
FISCAL IMPACT INCLUDING COST/BENEFIT ANALYSIS: Waukee will receive
$100,000 to be applied to the Waukee Public Library Stormwater
Improvement project.
COMMISSION/BOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT: Staff recommends approval of the WQI contract with
IDALS.
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. WQI Urban Conservation Demonstration Projects Cost-Share Grant
Contract
PREPARED BY:Beth Richardson
REVIEWED BY:Rudy Koester RK
PUBLIC NOTICE INFORMATION –
NAME OF PUBLICATION:
DATE OF PUBLICATION:
J1K
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING WATER QUALITY INITIATIVE COST-SHARE GRANT CONTRACT
BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND
STEWARDSHIP AND THE CITY OF WAUKEE
[WAUKEE PUBLIC LIBRARY STORMWATER IMPROVEMENT PROJECT,
CONTRACT NO. URBAN20WQI-006]
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 Iowa Department of Agriculture and Land Stewardship (IDALS) has
awarded $100,000.00 to the City of Waukee as part of the Water Quality Initiative Program
for the Waukee Public Library Stormwater Improvement Project; AND,
WHEREAS, IDALS has provided a Cost-Share Grant Contract relative to this grant award.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session
this 6th day of April, 2020, that a Water Quality Initiative Cost-Share Grant Contract between
Iowa Department of Agriculture and Land Stewardship and the City of Waukee [Waukee
Public Library Stormwater Improvement Project, Contract No. Urban20WQI-006] is hereby
approved and accepted.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
Ben Sinclair
1
WATER QUALITY INITIATIVE
Urban Conservation Demonstration Projects
CONTRACT NUMBER: Urban20WQI-006
Project Name: Waukee Public Library Stormwater Improvements
Contract Effective Date: April 1, 2020
Project Completion Date: June 30, 2021
Award Amount: $100,000.00
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) 978-7920
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, Grantee has submitted an application to the Iowa Department of Agriculture and
Land Stewardship requesting assistance to help finance such a project; and,
WHEREAS, IDALS has determined Grantee’s proposed project meets the requirements
established for participation in the Water Quality Initiative Program.
NOW, THEREFORE, in consideration of the mutual promises, covenants, and contracts
contained herein, IDALS and Grantee agree as follows:
2
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 in its Water Quality Initiative Program
Application, 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 June 30, 2021. 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), and the terms and conditions of
this Contract. A copy of Grantee's Application 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
to be paid to the Grantee by IDALS for Project activities shall conform to the budget as presented in
3
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 its Application 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 and
such other procedures as may be specified by IDALS. 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 $100,000.00.
4
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.”
5
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 Water Quality Initiative 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.
5.5 USE OF GRANT FUNDS FOR EQUIPMENT AND NON-CONSUMABLE
SUPPLIES. The use of grant funds through this contract is permitted for the purchase of equipment
and non-consumable supplies, subject to all of the following conditions:
a)All purchases for which reimbursement will be requested must be approved by IDALS prior
to any expense being incurred by Grantee. Failure to adhere to this condition will result in
forfeiture of all claims for reimbursement for the item(s) in question.
b)In no instance will the reimbursement rate for an item purchased in this category exceed fifty
percent (50%) of the documented cost of the item. Furthermore, no other source of state
funding may be used to provide the non-IDALS share of expense for the item.
6
c)If at any point prior to completion of the project, a piece of equipment or non-consumable
supply item is sold, liquidated, or transferred for use outside of the project, full and immediate
repayment of grant proceeds used to purchase the item by the Grantee to IDALS will be
required.
d)Recurring expenses associated with operation and maintenance of such equipment shall be the
sole responsibility of the Grantee.
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.
6.3 Grantee hereby agrees to use Award proceeds only for the Project and the activities described
in the approved Water Quality Initiative Application.
6.4 The Application 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’
7
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
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
8
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.
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’s 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.
9
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.
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.
10
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:
/ /
Julie Kenney, Deputy Secretary of Agriculture Date
805 University Ave., Waukee, IA 50263
515-978-7920 • Waukee.org
February 7, 2020
Iowa Department of Agriculture and Land Stewardship
Division of Soil Conservation and Water Quality
c/o Paul Miller
502 East 9th Street
Des Moines, IA 50319
Dear Mr. Miller,
We are pleased to submit a full application for a water quality improvement project in the City
of Waukee, Iowa for the Water Quality Initiative – Urban Conservation Projects funding
opportunity through the Iowa Department of Agriculture and Land Stewardship.
The water quality improvement project is located at the Waukee Public Library on Warrior Lane
in Waukee. With a variety of practices incorporated and in close proximity to schools and other
public buildings, the project offers a prime opportunity for engagement and education of the
public regarding the importance and benefits of the urban conservation practices installed. If
you have any questions regarding the material submitted in this application, please feel free to
contact me by phone or email.
We appreciate and thank you for your consideration and look forward to improving the water
quality within Waukee and the State of Iowa.
Respectfully,
Rudy Koester, P.E.
Public Works Director
City of Waukee
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
City of Waukee Urban Water Quality Improvements
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Full-Application Cover Sheet
General Project Information
Project Title: Waukee Public Library Stormwater Improvements
Applicant Entity: City of Waukee, Iowa
Contact Person: Rudy Koester
Address: 805 University Avenue, Waukee, Iowa 50263
Phone: (515) 978-7920
Email: rkoester@waukee.org
Authorized Representative Signature:
Executive Summary
This project will incorporate a variety of stormwater quality conservation practices into the Waukee
Public Library parking lot expansion project and the City of Waukee’s Warrior Lane widening project.
The project will address water quality for the site, as well as areas from the neighboring church and
residential lots that shed water onto the library site. Each of these practices will reduce stormwater
runoff and provide water quality treatment, aesthetic appeal, and create habitat in a highly urbanized
area. With close proximity to a public library, a middle school, and a church, this project offers a prime
opportunity for engagement and education of the public regarding the importance and benefits of the
installed best management practices (BMPs).
Name, location, and importance of the surface water
The project will discharge into the unnamed tributary to Sugar Creek, near the intersection of Warrior
Lane and University Avenue in Waukee. Sugar Creek extends through the southern portion of Waukee
and into West Des Moines, where it connects to the Raccoon River.
The unnamed tributary to Sugar Creek has areas with deep, incised, unstable banks, and is fed by both
urban and rural runoff. As one of the Des Moines Metro’s fastest growing cities, Waukee continues to
expand and develop. This growth will inevitably lead to greater urbanization of the tributary’s watershed
and reduction of its natural flood plain, further exacerbating the degradation of the channel.
Several undeveloped residential lots and one occupied house are located along the banks of the
channel immediately downstream of the planned project. As property development in Waukee
continues, more houses and businesses will likely be located along the banks of the channel. These
factors make bank stability along this tributary a shared interest between the landowners, developers,
and the City.
Project Partners
State Revolving Fund (SRF)
Budget Summary
IDALS Request Applicant
Contributions
Partner
Contributions
Total Budget
April 1, 2020 -June 30, 2020
July 1, 2020 – June 30, 2021 $100,000 $1.1M $900,000 $2.100M
Overall $100,000 $1.1M $900,000 $2.100M
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Narrative
Practices
Biocells, permeable pavers, and a wet retention pond will be installed on the library and church
properties to improve water quality. The biocells and pavers will treat runoff originating from the library,
church, and surrounding residential properties. A wet retention pond will achieve water quality and
channel protection goals for stormwater from the adjacent public roads and middle school. The
attached exhibits show the placement of the practices within the project site and their respective
drainage areas.
Benefits
The primary benefits of this project will be improved water quality and reduction of stormwater runoff
volumes and flows in high-frequency storms. As reported in the Iowa Storm Water Management
Manual (ISWMM), the 1.25” depth rain event accounts for approximately 90% of the storms in the state
of Iowa during a given year. Runoff from these small storms is key to the formation of downstream
channels. This project will greatly reduce runoff from the connected areas, reducing the frequent
hydraulic load on the unnamed tributary to Sugar Creek, downstream of the site. This reduced loading
will help to decrease the degradation of the channel banks.
The bioretention cells will capture runoff, filter it through an amended soil matrix, and allow it to infiltrate
into and percolate through decompacted insitu soils. This process will remove nutrients transferred to
the runoff by fertilizers, animal waste, detergents, and vegetative debris, as well as oil and grease,
heavy metals, sediment, bacteria, and other pollutants common to urban environments. These
practices will also provide recharge of the natural groundwater table beyond what is normally achieved
in highly urbanized areas.
The permeable pavers will provide a similar benefit to the bioretention cells. Runoff from the library
parking lot will filter through the pavers into a rock storage chamber below. This process removes
pollutants from the stormwater, reduces peak flows, and allows water to infiltrate into the groundwater
table. These benefits make pavers stand out against standard asphalt or concrete paving, which
generate large amounts of runoff, laden with sediments, oils, and other debris.
The stormwater retention pond will replace an existing dry detention basin on the Library’s property.
According to ISWMM, wet detention basins provide significantly higher reductions in suspended solids,
nitrogen, phosphorus, and heavy metals when compared to dry detention basins. The pond will treat
and attenuate stormwater runoff, delivering it to the unnamed tributary in a cleaner condition and at a
slower rate than is currently achieved.
The benefits from this project will have an impact in urban and rural settings. The aesthetic appeal of
the installed practices will benefit the users of the library, as well as those who visit the adjacent church
and middle school. As water quality becomes more and more of a relevant issue in Iowa, the
educational opportunities provided by this project align directly with the educational goals of the public
library, the middle school, and IDALS. The water quality, water quantity, and bank stability benefits will
be realized not only by the landowners immediately downstream of the site, but they will also provide
value to downstream landowners in rural portions of the tributary and Sugar Creek. As channel forming
flows are reduced and restored towards their natural levels, bank erosion and migration will be reduced.
Runoff volume and flow reduction will also reduce the use of floodplain in agricultural areas along Sugar
Creek.
Planning and Implementation
Development of the plans and specifications is following the SRF Sponsored Project schedule. IDALS
and SRF are currently reviewing the 90% plans. The project is projected to be let for bidding in April or
May, and construction is expected to begin no later than June. Construction of utilities and hardscapes
is expected to be completed by December 2020. Landscaping and final establishment will most likely
be completed in the spring or early summer of 2021. All activities will be complete by June 30, 2021.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Permits
Three permits will be required prior to the start of construction. An application to the DNR for a permit to
extend the sanitary sewer is in the process of being completed. A COSESCO permit and a NPDES
General Permit No. 2 will also be required. These permits will be obtained prior to commencement of
construction.
Future Phases
This project involves the reconstruction and widening of Warrior Lane from Marshall Drive to University
Avenue. As part of this project, the drainage area to the retention pond is planned to be increased and
will better replicate the pre-development drainage pattern. Directing flows into the retention pond will
allow for treatment of additional runoff that is currently discharged directly into the tributary. The City of
Waukee recognizes the benefits of managing the quality and quantity of water that it contributes to
downstream users and is dedicating land and money to improve these factors. Furthermore, future
sidewalks and a trail connection will direct pedestrian traffic next to the stormwater BMPs, where users
can observe the practices and engage with interpretive signage.
Evaluation
Stormwater modeling has been used to determine estimated runoff volume and flow rates from before
and after construction of the improvements. These models show that the permeable pavers and
bioretention cells meet the unified sizing criteria for the 1.25” Water Quality event, and retention pond
meets the Water Quality and Channel Protection Volume criteria.
The City will explore opportunities to partner with the Waukee Community School District to incorporate
the project into the school’s curriculum. Students would have the opportunity to study the social,
ecological, and economic benefits of Green Infrastructure. Science teachers would also work with
students and relevant professionals to provide testing of parameters upstream and downstream of the
practices, in order to better evaluate flow and pollutant reduction. Social and educational impacts will
be gauged through public surveys and discussions with library and school staff. City staff will further
gauge public opinion and interest by interacting on social media.
City staff will also evaluate the practices as they maintain them. By having several different practices in
the same location, the City will be better positioned to identify advantages and drawbacks of each. This
will help the City to determine which practices to recommend on future public and private projects.
Education and Information
Signage and other interpretive elements will be placed next to the bioretention cells, pavers, and
stormwater retention pond, as well as inside of the library. These elements will identify the practices
and describe how their respective water quality and water quantity management traits benefit the
community. Trails and sidewalks are planned as part of this project, providing high visibility and
opportunity to draw attention to the practices. These efforts will mesh perfectly with the City of
Waukee’s promotion of best management practices on residential properties through the metro-wide
rain campaign. The signage will help to illustrate what the city has done on the library and church sites,
and ways that residents can be involved in doing their part to promote water quality.
Furthermore, the City of Waukee frequently uses social media to inform the public of what is going on
within the City. These updates cover a wide variety of topics including updates on the latest
recreational opportunities, the latest construction projects, and other pertinent city news. This project,
particularly with its location at the Library, will certainly be a part of that outreach to the community. The
updates will focus on communicating the purpose and benefits of the water quality BMPs to the public.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Education and Information Continued
Additionally, as the City of Waukee continues to prioritize preserving and improving water quality,
Waukee is in need of a show piece project for City staff and developers who wish to build within city
limits. With quality design, a thorough maintenance plan, and exceptional support from the City, this
project will serve as a prime example of what properly implemented green infrastructure looks like. City
staff will be able to practice maintaining a variety of BMPs in a consolidated space, and City planning
and engineering staff will be able to direct developers and designers to the site for examples of how
water quality measures can be achieved.
The library staff have expressed strong support for this project and are excited for the benefits and
opportunities that it will create. A letter of support signed by the Library Director is attached.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Practice Descriptions
Practice #1: (provide name and description of practice)
Bio Retention Cells:
Bioretention cells will be used to capture, treat, and store runoff
from approximately 10.0 acres. Each biocell will include a rock
chamber, a subdrain, and a modified soil mix. The cells will be
planted with native vegetation, specifically selected to survive
in wet and dry conditions. The bioretention cells will be
designed in accordance with the guidelines outlined in Chapter
5 of the Iowa Stormwater Management Manual.
IDALS: (IDALS contribution to
practice)
$80,000
TOTAL: (Applicant and partner
budget contributions to practice)
$300,000
Practice Details: (provide a general description of the location, design status, permits
required, and current permit status)
Fourteen bioretention cells are planned to be installed as part of the Waukee Public Library parking
lot expansion project. Twelve of these cells will be located on the library’s property, one will be on
both sides of the property line between the library and the church, and one will be located entirely on
the church’s property. Biocells on the church’s property will be .located within permanent easements,
in order that city staff can access them and complete recommended maintenance.
The design of these cells is currently being reviewed by IDALS and SRF staff as part of the 90%
design submittal for the overall project. Ongoing review by and discussions with City, IDALS, and
SRF staff ensure that the project will be implemented, and the ultimate design will be effective at
meeting all stakeholder goals.
Construction is anticipated to start in June 2020, with the goal to be complete in the 2020 calendar
year. If necessary, planting and final establishment may be completed in the spring and early
summer of 2021, with completion no later than June 30, 2021. Measures will be taken to protect the
bio-retention media until final establishment has been achieved.
Since the project will disturb more than one acre inside of city limits, COSESCO and NPDES No. 2
permits will be required for construction. These permits will be acquired when a construction start
date is determined. A DNR sanitary sewer extension permit is also required. An application for the
permit has been sent to the DNR.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Practice #2: (provide name and description of practice)
Permeable Pavers:
Permeable pavers will be installed in the bays of the parking lot
and will capture, treat, and store runoff from approximately 0.5
acres of paved surfaces. Each section of pavers will include a
rock chamber and a subdrain. Subdrain from each of the paver
areas will convey water into the storage banks beneath the
biocells in the parking islands, forming a treatment train. The
permeable paver systems will be designed in accordance with
the guidelines outlined in Chapter 10 of the Iowa Stormwater
Management Manual.
IDALS: (IDALS contribution to
practice)
$0
TOTAL: (Applicant and partner
budget contributions to practice)
$300,000
Practice Details: (provide a general description of the location, design status, permits
required, and current permit status)
Approximately 13,000 square feet of permeable pavers are planned to be installed as part of the
Waukee Public Library parking lot expansion project.
The design of the pavers is currently being reviewed by IDALS and SRF staff as part of the 90%
design submittal for the overall project. Ongoing review by and discussions with City, IDALS, and
SRF staff ensure that the project will be implemented, and the ultimate design will be effective at
meeting all stakeholder goals.
Construction is anticipated to start in June 2020, with the goal to be complete in the 2020 calendar
year. Measures will be taken to protect the pavers until final establishment has been achieved.
Since the project will disturb more than one acre inside of city limits, COSESCO and NPDES No. 2
permits will be required for construction. These permits will be acquired when a construction start
date is determined. A DNR sanitary sewer extension permit is also required. An application for the
permit has been sent to the DNR.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Practice #3: (provide name and description of practice)
Wet Retention Pond:
The retention pond will capture, treat, and store runoff from
approximately 20 acres of developed land. The pond will
manage the water quality and channel protection volumes, and
a multi-stage outlet structure will allow for routing of larger
storms. The retention pond will be designed in accordance
with the guidelines outlined in Chapter 9 of the Iowa
Stormwater Management Manual.
IDALS: (IDALS contribution to
practice)
$0
TOTAL: (Applicant and partner
budget contributions to practice)
$250,000
Practice Details: (provide a general description of the location, design status, permits
required, and current permit status)
A 153,000 cubic-foot retention pond is planned to be installed as part of the Waukee Public Library
parking lot expansion project.
The design of the pond is currently being reviewed by IDALS and SRF staff as part of the 90% design
submittal for the overall project. Ongoing review by and discussions with City, IDALS, and SRF staff
ensure that the project will be implemented, and the ultimate design will be effective at meeting all
stakeholder goals.
Construction is anticipated to start in June 2020, with the goal to be complete in the 2020 calendar
year. If necessary, planting and final establishment may be completed in the spring and early
summer of 2021, with completion no later than June 30, 2021. Measures will be taken to protect the
pond from sediment and excessive erosion until final establishment has been achieved.
Since the project will disturb more than one acre inside of city limits, COSESCO and NPDES No. 2
permits will be required for construction. These permits will be acquired when a construction start
date is determined. A DNR sanitary sewer extension permit is also required. An application for the
permit has been sent to the DNR.
Water Quality Initiative-Urban Conservation Projects Full-Application February 7, 2020
Practice #4: (provide name and description of practice)
Signage and Interpretation:
The consultants will work with the library and city staff to
develop a system of interpretive elements that communicate
the water quality needs, goals, and function of the installed
BMPs to library visitors.
IDALS: (IDALS contribution to
practice)
$20,000
TOTAL: (Applicant and partner
budget contributions to practice)
$0
Practice Details: (provide a general description of the location, design status, permits
required, and current permit status)
The consultants will work with the library and city staff to develop interpretive elements that describe
the water quality needs, goals, and function of the BMPs installed, as well as highlight funding
partners and stakeholders, and possibly provide suggestions for the public to improve water
conservation on their own properties. An effort will be made to create interpretive features that make
these concepts accessible to a wide age range and broad audience. The proximity to the local
primary schools and public trail system provides increased educational opportunities at this location.
The interpretive elements may take the form of illustrated signage but may also include artistic
elements woven into the stormwater infrastructure that help identify a space or site feature as part of
the treatment train, and help visitors connect the dots on how water is collected, conveyed, and
cleaned on site. See similar examples below.
Interpretive opportunities will be explored by the consultant and owner during the remaining SRF
Sponsored Project design phase. These aspects will be included in the site construction project and/
or potentially bid separately, for installation concurrent with or immediately after the stormwater BMP
project.
Exhibit B Budget
Component Total
IDALS/
WQI
Local Match
Amount Match Source(s)
Practices (list & number)
1.Bioretention Cells $300,000 $80,000 $220,000 Local, Partner
2.Permeable Pavers $300,000 $0 $300,000 Local, Partner
3.Wet Pond $250,000 $0 $250,000 Local, Partner
4.Information/Education $20,000 $20,000 $0
5.$ $ $
6.$ $ $
(add lines as needed) $ $ $
TOTALS $870,000 $100,000 $770,000