HomeMy WebLinkAboutIowa Department of Natural Resources-12/14/2015 (Permeable Pavement Proj)Neese return tnls copy 50:
City Clerk & Finance Dept,
715 Mulberry St.
Waterloo, IA 50703
ENVIRONMENTALLY BENEFICIAL ALLEY PERMEABLE PAVEMENT
PROJECT AGREEMENT
I. Implementation of an Environmentally Beneficial Project
as Satisfaction for State Penalty
A. Under Paragraph 41.b of the Consent Decree in United States of America and State of
Iowa v. City of Waterloo, Civil Action No. 6:15-cv-02087-LRR, Doc. 3-1, filed October 26,
2015 (N.D. Iowa) (hereinafter "Consent Decree"), the City of Waterloo ("Waterloo") agreed, in
satisfaction of the State's $136,000 share of the penalty, to undertake an environmentally
beneficial project ("EBP") that is authorized and approved by the State as meeting the criteria set
forth in Appendix 3 of the Consent Decree. Waterloo submitted an EBP to the State providing
for the Alley Permeable Pavement Project ("AP3"), as set forth in a document titled
"Environmentally Beneficial Project for the U.S. & State of Iowa v. City of Waterloo Consent
Decree Civil Action No. 6:15-cv-02087-LRR filed October 26th, 2015 (Rev. 0 — Nov. 4th, 2015).
By E-mail dated November 18, 2015, from Jacob Larson to John Hall, the State set forth its
determination that it accepts the project under the terms of the Consent Decree.
B. Accordingly, the State of Iowa and Waterloo agree that Waterloo shall implement the
AP3 in accordance with the requirements and schedule set forth herein.
C. Waterloo shall fund the AP3 for a total funding of $136,000 or such higher amount as the
City, subject to its sole discretion, deems appropriate.
D. Waterloo may use contractors or consultants in planning and implementing the AP3.
E. With regard to the AP3, Waterloo certifies the truth and accuracy of each of the
following:
a. That the cost information for AP3 is a good faith estimate of the cost to
implement the AP3;
b. That, as of the date of executing this Agreement, Waterloo is not required to
perform or develop the AP3 by any federal, state, or local law or regulation and is not required to
perform or develop the AP3 by agreement, grant, or as injunctive relief awarded in any other
action in any forum; and
c. The AP3 is not materially related to any remedial or mitigation measures
undertaken by the City to address the violations alleged in this enforcement action.
F. Quarterly Report: During the time Waterloo implements the AP3, it shall submit
quarterly reports to the Iowa Department of Natural Resources ("IDNR") and the Iowa Attorney
General's Office describing the status of Waterloo's compliance or non-compliance with the
schedule and, if applicable, the reasons for non-compliance. IDNR shall give a reasonable
period of time to correct any deficiencies or non-compliance. Waterloo shall submit quarterly
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reports beginning thirty (30) Days after the first full three month period following the Effective
Date of this Agreement, and thirty (30) Days after each subsequent three month period thereafter
until completion of the AP3.
G. AP3 Completion Report: Within thirty (30) Days after completion of the AP3 in
accordance with paragraph II.C, below, Waterloo shall submit an AP3 Completion Report to
IDNR. The AP3 Completion Report shall contain all of the following information:
a. A detailed description of the AP3 as implemented.
b. An itemized list of all eligible AP3 costs expended.
c. Certification that the AP3 has been implemented pursuant to the provisions of this
Agreement.
H. Notwithstanding any provision to the contrary, IDNR and Waterloo may agree to
additional time to complete the AP3. Any agreement to provide additional time shall be made in
writing and agreed upon by both parties.
I. Disputes concerning satisfactory performance of the AP3 and the amount of eligible AP3
costs may be resolved under Section XII (Dispute Resolution) of the Consent Decree.
J. Each submission required under this Section shall be signed by an official with
knowledge of the AP3 and shall bear the certification language set forth in Paragraph 96 of the
Consent Decree.
K. Public statements or representations made by Waterloo regarding the AP3 shall expressly
state that the project was funded pursuant to a consent decree resolving a civil action brought by
the Iowa Attorney General's Office on behalf of the State of Iowa to enforce Iowa's
environmental laws contained in Iowa Code chapter.
II. AP3
A. Background
Under the AP3, Waterloo will use a permeable pavement solution to enhance the condition of an
alley within the city of Waterloo, adding infrastructure resilience which will protect the urban
environment and obtain additional public health objectives. The Parties agree that permeable
pavement is an effective means of pollutant discharge reduction. According to data in the Iowa
Stormwater Management Manual, permeable pavement can reduce Total Suspended Solids by up
to 95%, Total Phosphorus by up to 65%, Total Nitrates by up to 85%, and Metals by up to 99%.
As such, this project is expected to ultimately improve the overall condition of the City of
Waterloo's ecosystem.
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B. Scope of the AP3
1. Under the AP3, Waterloo will replace the existing alley located between Jefferson Street
and Commercial Street, from West 5th Street to West 6th Street with a permeable
pavement solution subject to paragraph B.4, below. The selected alley, if fully paved,
would require roughly 6,000 square foot of pavement installation.
2. The City may rely on its professional judgment, including that of its contractors, in
designing the AP3.
a. Information from the NRCS Web Soil Survey indicates that underlying soils consist
primarily of sand, coarse sand, and gravelly sand. Given this, it is unlikely that
infiltration rates would be an issue. Nevertheless, soil borings will be completed as
part of the design process which will yield a more accurate picture of underlying soils
and depth to bedrock.
b. The design process will include an assessment of the volume of water to be treated
given the contributing watershed. This information will be used to determine the
depth of the rock chamber needed to hold the 'first flush', which will impact where the
bottom of the rock chamber will lie along the soil profile.
c. The AP3, subject to the City's professional judgment may include an impermeable
liner beneath the entire rock chamber.
3. As part of the AP3 project, the City will purchase a vacuum attachment that could be
used with the city's existing machinery to provide for intermittent 'deep cleaning of the
AP3 area.
4. The initial cost estimate for the project is $141,500 plus the cost of the vacuum
attachment identified above. As such, the cost of the completing paving of the whole
alley is anticipated to exceed $136,000. While nothing in the Consent Decree or this
Agreement requires Waterloo to expend funds for the AP3 beyond $136,000, Waterloo
subject to its sole discretion is not precluded from expending additional funds to
complete paving of the 6,000 sq. feet of the alley or to undertake such additional work as
it deems appropriate.
5. In the event that the AP3 costs (including the cost of the vacuum attachment) is less than
$136,000, the City shall pay the difference to the State as a civil penalty within thirty (30)
days of submission of the AP3 Completion Report in accordance with the procedures set
forth in Paragraph 41(b)(iii) of the Consent Decree.
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C. Schedule
As this would be the first installation of its kind by the City of Waterloo, it is anticipated that
there may be unforeseen issues that arise during the bidding, design and construction phase of
the project. Consequently, due to the inherent uncertainties i executing the AP3, Waterloo may,
for good cause, request adjustments to this schedule including possible additional time to
complete same. IDNR's agreement to time adjustments, if applicable, shall not be unreasonably
withheld.
1.
Selection Process and Award Contract*
60 days after both Parties sign
this Agreement.
2.
Design of AP3
60 days after Award of
Contract
3.
Bid Letting
6 Weeks after completion of
design
4.
Commence Construction of AP3
60 days after completion of
Design or as soon as weather
conditions reasonably allow
for construction, whichever is
later.
5.
Complete** AP3
90 days after commencing
construction
6.
Purchase vacuum attachment
180 days after Award of
Contract
*Waterloo reserves its rights to reject any and all bids in response to the RFP, after consultation with
IDNR. In such case Waterloo shall consult with IDNR on Waterloo's future action concerning the AP3.
Future action may include but not be limited to rebidding the AP3. If the AP3 is rebid or the plan
modified, then an additional 120 days is automatically provided.
** Completion of the AP3 is based upon the expenditure of $136,000 or completion of the
paving of the 6,000 square foot alley, whichever occurs first.
D. Effective Date of Agreement
This Agreement shall become effective upon the date it is signed by Waterloo and IDNR. IDNR
shall promptly send a copy of the Agreement to Waterloo upon execution.
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DATED
Mayor
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703
(319) 291-4301
1-) , /S-
DAT
SDAT D N TACK
Public Services Manager
Iowa Dept. of Natural Resources
Wallace Building
502 East 91h Street
Des Moines, IA 50319