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HomeMy WebLinkAboutCost Share Grant FY23 Sunnyside Creek Improvements - Cont. No. 1062 - 4.1.2024WATER QUALITY INITIATIVE Urban Conservation Demonstration Projects CONTRACT NUMBER: Project Name: Contract Effective Date: Project Completion Date: Award Amount: Urban24WQ1-003 Sunnyside Creek Watershed Water Quality Wet Pond March 15, 2024 December 31, 2025 $400,000.00 COST -SHARE GRANT CONTRACT ("Contract") BETWEEN IOWA DEPARTMENT OF AGRICULTURE AND LAND STEWARDSHIP (IDALS) Wallace State Office Building 502 East 911' St. Des Moines, Iowa 50319 IDALS Contact Person: Paul Miller Phone: (515) 281-5833 AND City of Waterloo ("GRANTEE") 715 Mulberry Street Waterloo, IA 50703 Grantee Contact Person: Wayne Castle Phone: (319) 291-4312 Grantee ID Number: (federal identification t) : 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: 1 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 December 31, 2025. 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 Iater 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 terns 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 2 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 $400,000. 3 4.10 USE OF LOGOS AND SIGNAGE. The Grantee will be required to include the Cleanwaterlowa.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." 4 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 Infrastructure 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. 5 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 Iicensed 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' 6 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 IDALSduties 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 7 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 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. 8 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 other wise 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, 9 IN WITNESS WHEREOF, the parties hereto have caused this Contract to be executed as of the latest date stated below, FOR GRANTEE: City of Waterloo QCzeaW i 9-tar( romar SHINED Signature Quentin Hart, Mayor 4/1/2024 I / Print Name/Title Date FOR IDALS: Gt/f7T— q, Grant Menke, Deputy Secretary -Agriculture Date 10 Exhibit A WATER QUALITY INITIATIVE TARGETED DEMONSTRATION WATERSHED PROJECTS APPLICATION FOR FUNDING ASSISTANCE lowa Department of Agriculture & Land Stewardship 1. Project Title: Sunnyside Creek Watershed Water Quality Wet Pond Applicant Entity: City of Waterloo Contact Person: Wayne Castle, Assistant City Engineer Address: 715 Mulberry Street, Waterloo, IA 50703 Phone: (319) 291-4312 E-mail. wayne.; astle©waterloo-ia.org Authorized Representative Signature: 2. List the name, location, and the importance of the surface water that will benefit from this project: The project is located along Sunnyside Creek, near the upstream end of Sunnyside Creek, between US Highway 20 and Van Miller Way (formerly San Marnan Drive), just east of 4th Street in Waterloo, IA. The overall watershed is composed of approximately 2.4 square miles at its confluence with Black Hawk Creek in Waterloo, IA. The proposed water quality wet pond project will provide water quality treatment for approximately 375 acres of this watershed, which ties into Black Hawk Creek and ultimately into the Cedar River. The Cedar River and Black Hawk Creek are classified as primary streams by the IDNR, with use designations Al (Recreation: Primary Contact), Class BWW1 (Aquatic Life: Warm Water Type 1) and Class HH (Human Health). The goal is to provide water quality improvements upstream of these primary streams, as well as provide water quality benefits and a recreational/viewing area for current and future developments within the project watershed. 3. Include a listing of project partners at the time of full -application: • City of Waterloo, Iowa • SRF Sponsored Project #WRR21-011 4. Provide a total budget summary, utilizing form shown here: IDALS Request Applicant Contributions Partner Contributions Total Budget March 15, 2024 - June 30, 2024 $200,000 $400,000 $200,000 $800,000 July 1, 2024 - June 30, 2025 $200,000 $1,253,000 $847,000 $2,300,000 July 1, 2025 - December 31, 2025 $0.00 $0.00 $0.00 $0.00 overall $400,000 $1,653,000 $1,047,000 $3,100,000 Executive Summary (max 125 words): The City is designing a 14-acre water quality wet pond within the Sunnyside Creek Watershed. This watershed directly connects to Black Hawk Creek and the Cedar River, both of which have designated water quality concerns (bacteria, erosion, sedimentation, loss of habitat, etc.). The proposed project will treat approximately 375 acres of existing/future urban development while reducing outflows by greater than 60% up to the 100-year event. This project is partially being funded by SRF Sponsored Project funding and has completed a SRF 60% plan review, with a 90% submittal anticipated in February 2024. The wet pond design is following ISWMM criteria (which is above and beyond current city criteria) and will include a deep - water pond, wetlands, multi -staged outlet and a walking trail around the perimeter. IDALS Water Quality Initiative Urban Conservation Projects 1 Pre -Application Narrative The overall Sunnyside Creek Watershed is approximately 2.4 square miles (1,540 acres) at the confluence of Black Hawk Creek. The focus of the main water quality project will be on the upper portion of the watershed, from approximately Westchester Drive to southeast of Highway 20, which accounts for approximately 375 acres of the overall watershed. The City will also be completing a bank stabilization/stream restoration project immediately downstream from the proposed water quality project. This project will be completed as part of the City's efforts to provide water quality improvements throughout the City and will be funded by the City. A drainage area delineation map is included with this submittal with the project watershed shown with a red delineation line. The existing Sunnyside Project Watershed consists of a mix of single-family residential, multiple -family residential, commercial, industrial, agricultural and highly developable land. According to NRCS soil mapping information, the existing soils are classified as Types B and C Soils for the developed and undeveloped land within the watershed, which typically indicates moderately low to moderate infiltration rates. The project watershed has a steeper topography than the downstream portion of the watershed (5-10%), which leads to higher velocities and erosion during rainfall events. The future land use in this area (for portions not currently developed) is zoned for multi -family and single-family residential and light commercial. Development has already begun in the watershed south of Highway 20 and is anticipated to continue around the proposed water quality basin over the next few years. Based on the current and future development planned for this area, the City pinpointed the low-lying area along Sunnyside Creek between Highway 20 and Van Miller Way as an ideal location for implementing a large-scale regional water quality improvement project. This was further reinforced while reviewing the existing topography which provides a natural low point of collection, ideal for developing a water quality wet pond. The proposed regional water quality wet pond is currently under preliminary design and will meet the requirements of ISWMM section 9.11 and the unified sizing criteria. The regional water quality wet pond preliminary design provides approximately 885,622 cf of water quality treatment volume which is more than the estimated water quality volume (based on future land use) of 864,258 cf. This treatment volume is accounted for in the permanent pool of the wet pond which has a normal ponding volume of 1,771,245 cf. The proposed design will include two pretreatment forebays which provide 133,286 cf of treatment volume which is approximately 47,000 cf more than the required treatment amount. The proposed pond will also incorporate wetlands into the basin footprint and will provide a net gain of approximately 1.37 acres. The anticipated benefits of the regional water quality wet pond, in conjunction with the streambank stabilization, are described below. Project Goals and Benefits The City of Waterloo Engineering staff have identified the following goals and project benefits associated with the water quality wet pond within the Sunnyside Watershed. These include: ■ Reduction of sediment loads and total runoff (through infiltration and detention) from urban and rural areas. Reduce the amount of phosphorus, nitrates and nitrites within City storm water flows. Reduce the Sediment Loads and Total Runoff (through infiltration and detention) From Urban and Rural Areas Much of the sediment in urban and rural storm water flows come from the following: 1.) Erosion from unstable streambanks and high stream velocities. 2.) Erosion from flooding that commonly exceeds the channel protection volume of a stream. 3.) Unregulated developments and connections into the storm sewer system (developments constructed prior to City of Waterloo Water Quality Standards). 4.) Dirt and sand traced and deposited onto pavements. IDALS Water Quality Initiative 2 Urban Conservation Projects The proposed water quality wet pond will provide a permanent pool with the capacity to treat 375 acres of existing and future development while also providing infiltration in the proposed wetland areas. The wet pond will also include a staged outlet reducing flooding and erosive forces/velocities downstream which can lead to excessive erosion and sedimentation. Benefits: The City worked with Josh Balk of the lowa DNR to determine preliminary pollutant reduction estimates based on the proposed design. According to the Iowa DNR Pollutant Reduction Calculator and the current land use, it is estimated that the water quality wet pond would reduce sediment loadings along the Sunnyside Creek by approximately 417 tons of sediment each year. The wet ponds flow reduction will also help reduce the frequency of sanitary sewer overflows (SSOs) in the Sunnyside Watershed which will aid in reducing bacterial loading and potential downstream fish kills and health concerns associated with SSOs that have been noted by the City and property owners in recent years. Reduce the Amounts of Phosphorus, Nitrates and Nitrites Within City Storm Water Flows The City of Waterloo Water Works is charged with providing drinking water to the City. Their mission is to "provide adequate quantities of high -quality water to the citizens of Waterloo for domestic, industrial and fire protection purposes at the most reasonable cost." To do this, the Waterloo Water Works uses 14 wells that are strategically located within the City limits, many near the Cedar River or its tributaries. These wells tend to be shallow and are influenced by the waters of the Cedar River. High concentrations of phosphorus, nitrates or nitrites in the Cedar River will migrate into the drinking water wells that supply potable water to Waterloo residents. High nitrate levels have been detected in some of these drinking water wells in the past ten years. Therefore, reducing phosphorus, nitrate and nitrite levels in the City's storm water flows not only conforms to the State of Iowa's nutrient reduction plan, but also helps to protect the drinking water for the residents of Waterloo. Benefits: According to the Iowa DNR Pollutant Reduction Calculator and the current land use, it is estimated that the water quality wet pond would reduce approximately 543 pounds of phosphorus and 815 pounds of nitrogen from entering Sunnyside Creek and ultimately the Cedar River. Evaluation Criteria, Education and Future Improvements The City is fully committed to implementing and maintaining sustainable water quality practices described above within the Sunnyside Creek Watershed. The City employs two full-time storm water specialists that will review the project during construction and until vegetation is fully established. After project completion, the City's Public Works staff will be responsible for completing routine maintenance operations such as trash pick-up, mowing, re -seeding, debris and sediment removal. Funding for Tong -term maintenance of implemented practices will be through a storm water utility fee that generates revenue dedicated for maintenance costs and implementation of other storm water/water quality practices. The City is planning to utilize the wet pond as a teaching device, as well as a featured practice to show developers and residents the impact water quality practices can provide from both a practical and recreational standpoint. After project completion, the finished construction will be posted with informational signage and the pond will be accessible through the use of a walking trail around the perimeter. The pond will also provide additional recreational activities as the design depths support fish habitat. Signs located at the project site will detail the type of project that was installed, the benefits of the project to water quality and the sponsors of the project. The City of Waterloo Engineering staff has recently implemented this requirement for water quality improvement projects throughout the City. The City will also plan a press release to be submitted to the local newspaper for public awareness during and after construction of the project. A description of the practice and pictures of the installation will be included on the City of Waterloo's website under their NEWS category. Ribbon cutting ceremonies are anticipated for the proposed project to help publicize the water quality benefits and the use of IDALS funding. As awareness of water quality practices grows, the City would like to continue further channel improvements downstream of Westchester Drive while also looking at other watersheds throughout the City to implement water quality practices. IDALS Water Quality Initiative 3 Urban Conservation Projects Full -Application Narrative The water quality wet pond is currently in the final stages of the design process and has completed Iowa DNR and IDALS technical reviews for the concept, 30% design and 60% design. The 90%/pre-bid plans and specifications have also been completed and will be submitted to the Iowa DNR and IDALS for review and comment in February 2024. A copy of the 90%/Pre-bid plans are included with this application. The construction plans provide an overview of the size and scale of the project which includes multiple water quality practices (wetlands, wet pond, staged outlet and streambank stabilization) that will work together to reduce sediment and nutrient loading within the watershed while also providing improved wildlife habitat and flood resiliency as discussed in the pre -application narrative. The proposed water quality wet pond design will include two pre-treatment forebays that will provide 133,285 cf of storage which is over 47,000 cf more than what is required by the ISWMM as discussed in the pre -application narrative. The main forebay will include flexamat for slope protection at the connection point between the forebay and the wet pond. This is a unique vegetated concrete block style matting that combines the benefits of hard armoring and native vegetation. The water quality wet pond design will be the same as what was discussed in the pre -application narrative and will have a deep -water permanent pond that will have a normal ponding volume of 1,771,245 cf. This pond will provide water quality treatment for the entire future land use for the 375-acre drainage area. The pond was designed to have, at a minimum, two times the capacity of the required water quality volume of 864,258 per the ISWMM. These calculations were completed utilizing the IDALS "Design Review Checklist for Wet Detention Ponds". The design team has coordinated with IDALS technical staff throughout the design and construction of the project. As discussed in the pre -application narrative, the City sees a fantastic opportunity to use this project as a demonstration/teaching area and informational signage is included in the project plans. This signage will be included at various locations within the basin area. The water quality wet pond will be owned and maintained by the City of Waterloo. The area will be accessible to the public who will have the opportunity to enjoy the natural recreational area and learn about the benefits of the water quality features. Project Timeline and Permitting This project is a large-scale project and coordination has been ongoing with the U.S. Army Corps of Engineers (USAGE), Iowa DNR and IDALS throughout the design process. The project is currently nearing the 90%/pre- bid submittal phase which is planned for the middle of February 2024. After the 90% review comments are received and incorporated into the plans, the project is anticipated to go out to bid in the late spring/early summer with construction taking place in the summer/fall of 2024. The major project components would likely be completed by the winter of 2024. Regulatory permitting has been ongoing throughout the design process and the majority of permits for project construction have been obtained. A listing of the required permits and status are provided below: • Section 404 — Bank Stabilization — USAGE Permit received 6/27/2023 • Section 404 — Wet Pond Construction — USACE Permit review ongoing — Anticipated by April 2024 • Iowa DNR Flood Plain Management and Dam Safety Section • Flood Plain — Permit not required (DNR correspondence 7/12/23) • Dam Safety Section — Permit not required (DNR correspondence 5/26/23) • NPDES General Permit Number 2 — Will be obtained prior to project construction IDALS Water Quality Initiative 4 Urban Conservation Projects Protect Partners The City of Waterloo is the project applicant and will be the main project partner. They anticipate funding approximately $1,653,000 of the estimated $3,100,000 project total. They will also be responsible for completing long-term maintenance of the water quality practices after project completion. This will be funded through the City of Waterloo's storm water utility fee. The City of Waterloo is also receiving SRF sponsored water quality project funding for approximately $1,047,000. Additional project partners that will not be contributing monetary funding have provided letters of support for the project. These include the Black Hawk County Soil & Water Conservation District as well as Galactic Development Corporation and the Sunnyside Country Club who will be providing temporary and/or permanent easements/acquisitions for project construction. Copies of the letters of support are included for reference. IDALS Water Quality Initiative 5 Urban Conservation Projects Provide a description of each practice utilizing the format shown here (Table will not count towards the four page narrative maximum): Practice #1: (provide name and description of practice) Water Quality Wet Pond IDALS: (IDALS budget contribution to practice) $400,000 TOTAL: (Includes applicant, partner, and IDALS contributions) $2,700,000 Practice Details: (provide a general description of the location including drainage area to practice size ratio, water• quality volume calculations, design status, permits required, and current permit status) Water quality wet pond will be placed at the upstream end of Sunnyside Creek and has been designed according to the ISWMM section 9.11. The overall drainage area is 375 acres. The preliminary design has been completed through the 60% level with the 90% level to be submitted for review in February 2024. The proposed design includes (1,770,000 cf ofponding volume which equates to 885,000 cf of WQv) and 133,000 cf of pre-treatment volume. The required WQv per the ISWMM is 864,258 cf for the main pond and 86,426 cf of pre-treatment volume. The USACE, Iowa DNR Floodplain and Dam Safety Section have provided a permitting or indicated that permitting is not required for the proposed project. Practice #2: (provide name and description of practice) Streatnbanlr Stabilization Design IDALS: (IDALS budget contribution to practice) 50.00 TOTAL: (Includes applicant, partner, and IDALS contributions) $400,000 Practice Details: (provide a general description of the location including drainage area to practice size ratio, water quality volume calculations, design status, permits required, and current permit .status) The streambank stabilization design has been completed through the 60% level with the 90% submittal planned for February 2024. The design is in accordance with the Iowa River Restoration Toolbox and will encompass approximately 950' of existing Sunnyside Creek Channel immediately downstream of the proposed wet pond. The design includes sloping back and benching of the existing banks as well as Turf Reinforcement Mat stabilization. The USACE and DNR have review and approved the proposed project design. Practice #3: (provide name and description of practice) IDALS: (IDALS budget contribution to practice) TOTAL: (Includes applicant, partner•, and IDALS contributions) Practice Details: (provide a general description of the location including drainage area to practice size ratio, water quality volume calculations, design status, permits required, and current permit status) 6 BLACK I-IAWK SOIL & WATER CONSERVATION DISTRICT 2950 SOUTHLAND DRIVE WATERLOO, IOWA 50701 319-296-3262 August 30, 2021 Lee Wagner State Revolving Fund Coordinator Iowa Department of Natural Resources 401 SW 7th Street, Suite M Des Moines, Iowa 50309 Dear Mr. Wagner, The Black Hawk Soil and Water Conservation District is writing to express our support for the City of Waterloo's State Revolving Fund Sponsored Projects application. The goals set forth in this application align with the mission of our district, "through wise conservation planning ...environmental protection of our precious resources in both urban and rural sectors." The City of Waterloo's continued efforts to improve water quality here in the impaired Middle Cedar Watershed exemplifies our targeted approach to conservation implementation. The installation of stormwater wetlands, detention structures, streambank stabilization, and other conservation practices have all proven to be effective ways to mitigate flooding and ensure cleaner water for citizens. We are excited for the ongoing efforts that the city is pursuing to implement conservation and improve water quality here in the Cedar Valley. These conservation practices not only benefit the community in pollutant load and stormwater reduction, but also create opportunities for local residents, businesses, and landowners to view conservation in action, which can encourage further adoption by landowners. We have witnessed similar accumulating effects with initiatives conducted by our own Dry Run Creek Watershed Improvement Project and Miller Creek Water Quality Improvement Project. These new BMPs will only serve to complement and compound these local endeavors. We look forward to partnering with the City of Waterloo on these conservation efforts and are fully supportive of their proposal. Thank you for your time and consideration. Best Regards, G.M. "Jeri" Thornsberry, Chair Black Hawk Soil and Water Conservation District LETTER or SUPPORT Lee Wagner State Revolving Fund Coordinator Iowa Department of Natural Resources 401 SW 7 th Street, Suite M Des Moines, IA 50309 DATE: 09/01/2021 RE: Clean Water SRF Water Resource Restoration Sponsored Projects Sunnyside Creek Water Quality Improvements Letter of Support —1600 Olympic Dr., Waterloo, Iowa To Whom it May Concern: Please accept this letter of support for the Sunnyside Creek Water quality Improvements Project (the Project hereafter). The Project has been developed through a partnership with the community, Iowa DNR, Black Hawk Soil and Water Conservation and City leaders. The Project will construct a storm water quality and detention basin along with channel improvements for Sunnyside Creek. When reconstructed, the Project will improve water quality and reduce erosion and sedimentation. We are in support of the Sunnyside Creek Water Quality Improvements Project. This project entails acquiring temporary and permanent easements on our property located along Sunnyside Creek, Thank you for your consideration of this project. Tammy Green General Manager Sunnyside Country Club 1600 Olympic Dr, Waterloo, Iowa 50701 TammvCsunnysidecountryclub.com 319-234-1707 ext. 11 Galactic Development Corp 215 E 4th Street Waterloo, Iowa 50703 Lee Wagner State Revolving Fund Coordinator Iowa Department of Natural Resources 401 SW 7th Street, Suite M Des Moines, IA 50309 DATE: September 1, 2021 RE: Clean Water SRF Water Resource Restoration Sponsored Projects Sunnyside Creek Water Quality Improvements Letter of Support —Galactic Development Corp, 215 E 4th Street, Waterloo, Iowa 50703 To Whom it May Concern: Please accept this letter of support for the Sunnyside Creek Water Quality Improvements Project (the Project hereafter). The Project has been developed through a partnership with the community, Iowa DNR, Black Hawk Soil and Water Conservation and City leaders. The Project will construct a storm water quality and detention basin along with channel improvements for Sunnyside Creek. When reconstructed, the Project will improve water quality and reduce erosion and sedimentation. We are in support of the Sunnyside Creek Water Quality Improvements Project. This project entails acquiring temporary easements and acquisition of a portion of our property located south of San Marnan Drive and east of W. 4th Street. Thank you for your consideration of this project. Sincer_ lJ James E Walsh, Jr. President Jim.walsh@vgm.com C: David Deeds City of Waterloo Engineering �WESTGHESTER DR, 40 Stream: • I Restoration Area ...—� EX:1rXe: - B- i1 C ' 7 D.A. = 0.48 SM, 307 Acres Proposed Water Quality Wet Pond Location CPS D.A. = 0.24 SM 154 Acres CP5C D.A. = 0.043 SM 28 Acres FLU Single/Multi-Family Residential Light Commercial FLU - Single/Multi-Family Residential PME1,101,0 Orr MCOM CP5B D.A. = 0.12 SM 74 Acres CP5A D.A. = 0.063 SM 40 Acres i .111,441013F STACEY WITS 222 wn.FWO Ia 5U161d6u ia4Tv2a0i LEGEND • Modeling S.P. Locations FEMA Zone A Floodplain (Approximate) 200 FIGURE 1 OVERALL SUNNYSIDE WATERSHED DRAINAGE DELINEATION MAP Fabruory?=4 60580939 Van Miler Way Proposed -ROW xcess Fill Area • nitar Tie Proposed Sanitary"'- to Existing Manhole.... \oreuay • AECOM Tie Proposed 5anita+y to Exinstiog Manhole Figure 1 Preliminary Basin Layout One Pond With Sanitary Replacement SunnyakJ We[ Pond C7ry Or Waterloo p.bn.ory 2024 60680939 Exhibit B Budget Com onent '4 ,. total I DM4\11 iv y/, - ' ! oca atch ` Amount , A4'0b x-u-Ktr(0) It 'raE ,es (list & number)' _; ,, et Pond i $2,700,000 $400,000 $2,300,000 Local, Partners $ $ $ $ $ $ $ $ $ $ $ $ t�> $ $ $ WailFLi'1xSif_K)rix xi WO $ $ $ ']_��0Ml _ LS5 $2,700,000 $400,000 $2,300,000