HomeMy WebLinkAboutREQUEST FOR PROPOSAL (2) CITY OF WATERLOO , IOWA
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Request for Proposal
November 2009
ARCHAEOLOGICAL SERVICES FOR DEMOLITION
ACTIVITIES OF THE HAZARD MITIGATION GRANT
PROGRAM (HMGP) PROPERTY ACQUISITION
PROJECT
City of Waterloo, Iowa
Prepared by
City of Waterloo
Planning and Zoning Department
SECTION I
NOTICE OF REQUEST FOR PROPOSALS
1.0 Receipt and Opening of Proposals
1.0.1 All proposals must be received in a sealed envelope in City Hall (date and time stamped)
by Monday, December 7, 2009 at 4:00 p.m. (our clock), Central Time, in order to be
considered. City Hall is located at 715 Mulberry St, Waterloo, Iowa. Proposals sent
electronically or via facsimile will not be accepted. The mailing container or envelope shall be
plainly marked on the outside with the notation `SEALED RFP FOR ARCHAEOLOGICAL
SERVICES', and the name of the company submitting the proposal.
1.1 RFP Timeline
Name of the Proposal: ARCHAEOLOGICAL SERVICES
Date of Issuance: Monday, November 23, 2009
Deadline for Questions: Monday, December 7, 2009 at 4:00 p.m., Central Time
Deadline for Proposal Submittal: Monday, December 7, 2009 at 4:00 p.m., Central Time
Submit Sealed Proposal to: SEALED RFP FOR ARCHAEOLOGICAL SERVICES
Address exactly as stated- - City Hall
City Clerk's Office
715 Mulberry Street
Waterloo, IA 50703
Method of Submittal: Mail or Overnight Delivery, In Person (No Electronic or Fax Submittals)
Contact Person, Title: Aric Schroeder, City Planner/Project Manager
E-mail Address: aric.schroeder(a7waterloo-ia.orq
Phone/ Fax Numbers: Phone: 319-291-4366 Fax: 319-291-4262
1.2 The City reserves the right to accept or reject any or all proposals and to waive any
informalities or irregularities in proposals if such waiver does not substantially change the offer
or provide a competitive advantage to any Proposer.
1.3 The City is not responsible for delays occasioned by the U.S. Postal Service, the internal mail
delivery system of the City, or any other means of delivery employed by the Proposer.
Similarly, the City is not responsible for, and will not open, any proposal responses that are
received later than the date and time stated above. Late proposals will be retained in the RFP
file, unopened. No responsibility will be attached to any person for premature opening of a
proposal not properly identified.
1.4 Proposals will be opened on Monday, December 7, 2009 at 5:30 pm (our clock) Central Time
in City Hall, 715 Mulberry Street, Waterloo. The main purpose of this opening is to reveal the
name(s) of the Proposer(s), not to serve as a forum for determining the awarded proposal(s).
1.5 Proposals will be evaluated promptly after opening. After an award is made, a proposal
summary will be sent to all companies who submitted a proposal. Proposal results will not be
given over the telephone. Proposals may be withdrawn anytime prior to the scheduled closing
time for receipt of proposals; no proposal may be modified or withdrawn for a period of sixty
(60) calendar days thereafter.
RFP FOR ARCHAEOLOGICAL SERVICES-2009 Page 2 of 12
SECTION II
INSTRUCTIONS TO PROPOSERS
2.0 The Proposal shall include a signature page. A company representative who is authorized to
bind the company will sign on behalf of the company to indicate to the City that you have read
all provisions of the RFP and agree to all terms and conditions, except as provided in
paragraph 2.3 below. The City of Waterloo reserves the right to reject any or all proposals,
and to accept in whole or in part, the proposal, which, in the judgment of the proposal
evaluators, is the most responsive and responsible proposal.
2.1 The Proposer must provide a certificate of professional liability (errors and omissions)
insurance coverage in a minimum amount of$250,000 per claim and $1,000,000 aggregate,
and must maintain such coverage in force at all times during the term of the service
agreement.
2.2 This Request for Proposal does not commit the City to make an award, nor will the City pay
any costs incurred in the preparation and submission of proposals, or costs incurred in making
necessary studies for the preparation of proposals.
2.3 Important Exceptions to Contract Documents - The Proposer shall clearly state in the
submitted proposal any exceptions to, or deviations from, the minimum proposal requirements,
and any exceptions to the terms and conditions of this RFP. Such exceptions or deviations will
be considered in evaluating the proposals. Any exceptions should be noted on the Signature
Page. Companies are cautioned that exceptions taken to this RFP may cause their proposal to
be rejected.
2.4 Incomplete Information - Failure to complete or provide any of the information requested in this
Request for Proposal, including references, and/or additional information as indicated, may
result in disqualification by reason of"non responsiveness".
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 3 of 12
SECTION III
SPECIAL TERMS AND CONDITIONS
3.0 Term of Contract
3.0.1 The initial term of the Contract shall be for twelve (12) months, anticipated to be
January 1, 2010 to December 31, 2010.
3.0.2 The City and the Contractor may renew the original Contract for six (6) month time
periods by mutual agreement. Thirty (30) days notice must be given to renew the
Contract for additional increments.
3.0.3 A Contract, approved by the City Council and signed by the Mayor, shall become the
document that authorizes the Contract to begin, assuming the insurance requirements
have been met. Each section contained herein, any addenda and the response
(Proposal) from the successful bidder shall also be incorporated by reference into the
resulting Contract.
3.0.4 No price escalation will be allowed during the initial term of the Contract. If it is mutually
decided to renew beyond the initial period and the Contractor requests a price
increase, the Contractor shall provide documentation on the requested increase. The
City reserves the right to accept or reject price increases, to negotiate more favorable
terms, or to terminate (or allow to expire) without cost, the future performance of the
Contract.
3.0.5 The total actual expenses shall not exceed the amount allowed by the project Contract,
including any renewal extensions thereof.
3.1 Agreement Forms
3.1.1 After award, the Proposer will be required to enter into a written contract with the City
that is substantially in the form attached hereto as Exhibit "A". If a Proposer intends to
request that the City enter into any different agreement form in connection with the
award of this Contract, the form must be submitted with the proposal for review by the
City's legal counsel during the evaluation of proposals.
3.1.2 Proposers are advised that in the event any such alternate agreement contradicts the
City of Waterloo requirements, the proposal may be rejected due to the contradiction
unless Proposer indicates deletion of such contradicting clauses or acceptance of the
City's form of agreement.
3.1.3 If no agreement form is included with the proposal, no such form will be approved by
the City during the evaluation or award processes, or following award of Contract.
3.2 Terms of Payment
3.2.1 Services authorized under this Contract shall be submitted on a monthly basis and will
be paid upon receipt of an original invoice within thirty (30) days and after services are
delivered and accepted.
3.2.2 For accounting purposes, all invoices shall contain a sufficient level of detail regarding
all services provided and allowable expenses incurred.
3.2.3 All invoices and supporting documentation shall be submitted at the intervals as agreed
upon via US mail to: City of Waterloo Planning and Zoning Department, attn: HMGP
Structural Acquisition Project, 715 Mulberry Street, Waterloo, IA 50703.
3.2.4 City has the right, at its discretion, to deny payment for any work by any Contractor if
the total actual expenses exceed the amount allowed by the project Contract, including
any renewal extensions thereof. The Contractor is not obligated to continue
performance of services under this Agreement or otherwise incur costs in excess of the
total actual expense allowed unless an amendment to the Contract is approved, and
the City notifies the Contractor, in a written amendment, of the City's acceptance of the
revised total actual expense allowed.
RFP FOR ARCHAEOLOGICAL SERVICES-2009 Page 4 of 12
3.2.5 The City may withhold payment for reasons including, but not limited to the following:
unsatisfactory job performance or progress, defective work, disputed work, failure to
comply with material provisions of the Contract, third party claims filed or reasonable
evidence that a claim will be filed or other reasonable cause.
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 5 of 12
SECTION IV
SERVICE REQUIREMENTS
4.0 Background
The City of Waterloo, Iowa, is seeking proposals for archaeological services in connection with
demolition activities for the acquisition of properties under the Hazard Mitigation Grant
Program (HMGP) Property Acquisition Project. The HMGP project involves the purchase and
demolition of properties significantly affected by the flood event of June 2008. The Iowa
Homeland Security and Emergency Management Division (HSEMD) and the Federal
Emergency Management Agency (FEMA) have approved the City of Waterloo's acquisition
project to acquire a total of 74 parcels in the Sans Souci, Riverside and Sherwood Park area.
Of the 74 parcels, 26 parcels have owner-occupied residential structures, 6 parcels have a
total of 9 residential rental structures (two rental structures were vacant), 8 parcels have
vacant residential structures, 1 parcel has a secondary residential structure, 5 parcels have
detached garages, and 28 parcels are vacant. There are no commercial or industrial
properties. All acquisitions are voluntary and sellers have indicated an interest to sell, but can
decline the City's offer. The City of Waterloo's approved Hazard Mitigation Grant Program
(HMGP) Property Acquisition Project Application is on file in the office of the Planning and
Zoning Department, 715 Mulberry Street, Waterloo, Iowa, and may be inspected by any
Proposer prior to submittal of a proposal. The application includes detailed information,
including maps and pictures, of the properties included. A list of addresses, including
adjoining lots, is included as Exhibit "B", and an overview map is included as Exhibit "C".
4.1 Scope of Work
The City of Waterloo is seeking a qualified archaeologist to complete a Phase I Archaeological
Study of the properties to be acquired and to provide monitoring of demolition activities for all
properties that will require monitoring based on the results of the Phase I Archaeological Study.
The services to be performed under this Contract shall consist of the following:
4.1.1 All services must be performed in accordance with all applicable codes and ordinances
of the City of Waterloo, Iowa, accepted standards of the archaeological profession, as
well as all applicable State regulations. All services are to be performed by a person
who meets the Secretary of the Interior's Professional Qualification Standards for
Archeology.
4.1.2 Completion of a Phase I Archaeological Study including all properties identified in the
City of Waterloo's approved Hazard Mitigation Grant Program (HMGP) Property
Acquisition Project Application, and production of all necessary documents or reports
associated with the Phase I Archaeological Study.
4.1.3 Archaeological monitoring and consulting services of demolition activities for any
properties identified in the Phase I Archaeological Study as having findings requiring
demolition monitoring.
4.1.4 Coordinate all archaeological monitoring services with demolition contractors and
relevant City staff.
4.1.5 Ensure all demolitions requiring archaeological monitoring take place in conformity with
all Federal Emergency Management Agency (FEMA) and State Historic Preservation
Office (SHPO) requirements as related to archaeological monitoring of those
demolitions.
RFP FOR ARCHAEOLOGICAL SERVICES-2009 Page 6 of 12
4.1.6 Produce all necessary documents or reports associated with each archaeological
monitoring of the demolitions to demonstrate compliance with the requirements set
forth in the Section 106 letter written by Lois Coulter dated May 13, 2009, the SHPO
letter written by Douglas Jones dated April 8, 2009, and the Phase I Archaeological
Survey letter written by Eric Wieland dated August 8, 2009, a copy of which letters are
included as Exhibit "D".
4.1.7 At the request of the City given with reasonable advance notice, attend meetings of the
City relative to the work set forth in this Agreement.
4.1.8 Provide other services as requested by the City as may be necessary to implement the
HMGP Structural Acquisition Demolition Project.
4.1.9 Provide the above-described monitoring services on an as-needed basis, without
assurance of regularity in the frequency of transactions, the number of transactions
that may be handled concurrently, or the total number of transactions.
4.2 Silence of Specifications — Commercially accepted practices shall apply to any detail not
covered in this specification and to any omission of this specification. Any omission or question
of interpretation of the specification that affects the performance or integrity of the service
being offered shall be addressed in writing and submitted with the Proposal.
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 7 of 12
SECTION V
METHOD OF EVALUATION
5.0 Contract Award -Any Contract award(s) made by the City of Waterloo is subject to prior
approval by the City of Waterloo City Council.
5.0.1 Award of Contract shall be made to the most responsible and responsive proposal from
a Company whose proposal offers the greatest value to the City with regard to the
criteria detailed and the specifications set forth herein. The City may select a Proposer
based on an "all or none" proposal, on individual responses, or as is otherwise deemed
to be in the best interest of the City.
5.1 Proposal Evaluation Criteria - In general, the proposals will be evaluated based on, but not
limited to, the general evaluation criteria stated below and the completeness, clarity and
content of the proposal. The following is a partial list of the criteria that may be used in our
determination of company responsibility and responsiveness:
5.1.1 Qualifications and Experience
5.1.1.1 Years of Experience of Key Personnel
5.1.1.2 Feedback from References
5.1.1.3 Knowledge and experience with property acquisitions involved with federal
and state grants.
5.1.2 Cost Effectiveness
5.1.3 Company Responsiveness to RFP
5.1.3.1 Total scope of services offered
5.1.3.2 Responses to overall proposal and compliance with submission guidelines
5.1.3.3 Proposal presentation (completeness, organization, appearance, etc.)
5.2 Financial terms will not be the sole determining factor in the award. To determine the award
the City will use a proposal evaluation method that will enable the City to award a Contract to
the Proposer offering services and experience that represents the best overall value to the
City.
5.3 Proposal Evaluation Procedures - Proposals will be evaluated by a Proposal Evaluation
Selection Committee (hereinafter referred to as the Committee) using the "Proposal Evaluation
Criteria" as listed above.
5.3.1 Committee members will evaluate each proposal based on their experience and
judgment of how well the proposal addresses the City's requirements. Each
prospective company is assured that any proposal submitted will be evaluated using
the best available information and without any forgone conclusions.
5.3.2 Consideration will also be given to solicited written clarification provided during the
evaluation process and input from staff or other persons judged to have useful
expertise that should be considered in a responsible, fair assessment of the relative
merits of each proposal.
5.3.3 The Committee may arrange interviews and/or conference calls with representatives of
the companies whose proposals are deemed to be within the "competitive range." The
purpose shall be the clarification of any aspect of the proposal that is deemed to have
a material bearing on arriving at a fair determination of which proposal offers the best
overall value. In addition, each Proposer deemed to be within the competitive range
may be invited to submit a "best and final offer" if such seems appropriate under the
clarifications issued to the provisions and specifications of this solicitation.
5.4 A Proposer's submission of a proposal constitutes its acceptance of this evaluation technique
and its recognition and acceptance that subjective judgments will be used by the evaluators in
the evaluation.
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 8 of 12
5.5 Following the evaluation process, the award process is as follows:
5.5.1 The evaluation team shall determine which proposer has submitted the best proposal
using the criteria set forth above, and make its recommendation to the City Council.
5.5.2 The City Council considers a resolution awarding the Contract and authorizing the
Mayor to execute the Contract on behalf of the City. Note, no Contract shall be
deemed to be created and exist, unless and until the City Council adopts a resolution
awarding the Contract and authorizes the Mayor to sign the Contract.
5.5.3 The Mayor executes the Contract.
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 9 of 12
SECTION VI
FINANCIAL AND NON-FINANCIAL PROPOSAL
6.0 Financial Proposal: This portion of the Company's proposal shall include ONLY the proposed
cost.
6.1 Pricing shall be submitted as follows and shall be inclusive of all expenses.
Pease use this exact format tor your Financial Proposal.
6.1.1 Provide a separate fixed cost for each cost input that will determine a final invoice for a
property:
Activity Title Cost
Phase I Archaeological Study $
(lump-sum cost for all properties)
Monitoring of demolition, if required $
(per property cost)
6.2 Non-Financial Proposal: This portion of the proposal may be organized in a format determined
by the Proposer, but should include all materials of the proposal relating to the service
proposed, specifications, requirements, warranty, detailed service plan/timeline, experience,
qualifications of key proposed personnel and other information of a non-financial nature.
Provide a list of each proposed staff member with name, title, and description of work they
would perform.
6.3 The Proposer shall list by name the principal or project manager in your company who will
have direct and continued responsibility for the services provided to the City. This person will
serve as the company's first point-of-contact on all matters dealing with services and the
handling of day-to-day activities through the planning and implementation process. Interested
companies should provide background and qualifications, highlighting experience with similar
projects and demonstrating ways the company provides a high quality of customer service.
6.4 Interested companies should provide an outline for project management and task
implementation. Please note that timely completion of this project is critical.
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 10 of 12
SECTION VII
GENERAL TERMS AND CONDITIONS
1. LANGUAGE,WORDS USED INTERCHANGEABLY- acts, actions, work or other activity done by the
The word CITY refers to the CITY OF WATERLOO, Contractor, its employees, subcontractors or any
IOWA throughout these Instructions and Terms and independent contractors working under the direction of
Conditions. Similarly, PROPOSER refers to the person either the Contractor or subcontractor in the
or company submitting an offer to sell its goods or performance of this Contract.
services to the CITY, and CONTRACTOR refers to the
successful bidder. 8. PROPOSAL REJECTION OR PARTIAL
ACCEPTANCE - The City reserves the right to reject
2. PROPOSER QUALIFICATIONS - No Proposal shall be any or all Proposals. The City further reserves the right
accepted from, and no Contract will be awarded to, any to waive technicalities and formalities in Proposals, as
person, firm or corporation that is in arrears to the City well as to accept in whole or in part such Proposals
upon debt or Contract, that is a defaulter, as surety or where it is deemed advisable in protection of the best
otherwise, upon any obligation to the City, or that is interests of the City.
deemed irresponsible or unreliable by the City. If
requested, Proposers shall be required to submit 9. PROPOSAL CURRENCY/LANGUAGE - All proposal
satisfactory evidence that they have a practical prices shall be shown in US Dollars ($). All prices must
knowledge of the particular supply/service proposal and remain firm for the duration of the Contract regardless of
that they have the necessary financial resources to the exchange rate. All proposal responses must be
provide the proposed supply/service as described in this submitted in English.
Request for Proposal.
10. PAYMENTS - Payments will be made for all
3. SPECIFICATION DEVIATIONS BY THE PROPOSER/ goods/services delivered, inspected and accepted within
OFFEROR-Any deviation from this specification MUST 30 days and on receipt of an original invoice.
be noted in detail, and submitted in writing in the
Proposal. Completed specifications should be attached 11. MODIFICATION, ADDENDA & INTERPRETATIONS -
are Any apparent inconsistencies, or any matter requiring
for any substitutions offered, or when amplifications
specification
explanation or interpretation, must be inquired into by
desirable or necessary.The absence of the
deviation statement and accompanying specifications the Proposer in writing at least 72 hours (excluding
will hold the Proposer strictly accountable to the weekends and holidays) prior to the time set for the
specifications as written herein. Failure to submit this Proposal opening. Any and all such interpretations or
document of specification deviation, if applicable, shall modifications will be in the form of written addenda. All
be grounds for rejection of the item when offered for addenda shall become part of the Contract documents
delivery. If specifications or descriptive papers are and shall be acknowledged and dated on the signature
submitted with Proposals, the Proposer's name should page.
be clearly shown on each document. 12. LAWS AND REGULATIONS - All applicable State of
4. COLLUSIVE PROPOSAL - The Proposer certifies that Iowa and federal laws, ordinances, licenses and
the proposal submitted by said Proposer is done so regulations of a governmental body having jurisdiction
shall apply to the award throughout as the case may be,
without any previous understanding, agreement or
connection with any person, firm, or corporation making and are incorporated here by reference.
a proposal for the same Contract, without prior 13. SUBCONTRACTING - No portion of this Proposal may
knowledge of competitive prices, and it is, in all be subcontracted without the prior written approval by
respects. fair, without outside control, collusion, fraud or the City.
otherwise illegal action.
5. SPECIFICATION CHANGES, ADDITIONS AND 14. ELECTRONIC SUBMITTAL Telegraphic and/or
DELETIONS -All changes in Proposal documents shall proposal offers sent by electronic devices(e.g. facsimile
be through written addendum. Verbal information machines) are not acceptable and will be rejected upon
obtained otherwise will NOT be considered in awarding receipt. Proposing firms will be expected to allow
of Proposals. adequate time for delivery of their proposal either by
airfreight, postal service,or other means.
6. PROPOSAL CHANGES - Proposals, amendments 15. CANCELLATION-Either party may cancel the award in
thereto, or withdrawal requests received after the time the event that a petition, either voluntary or involuntary,
advertised for Proposal opening, will be void regardless is filed to declare the other party bankrupt or insolvent or
of when they were mailed. in the event that such party makes an assignment for
7. HOLD HARMLESS AGREEMENT - The Contractor the benefit of creditors.
agrees to protect, defend, indemnify and hold harmless 16. ASSIGNMENT- Proposer shall not assign this order or
the City of Waterloo, its officers and employees, the US any monies to become due hereunder without the prior
Government, FEMA, the State of Iowa, and their
agencies and agents from any and all claims and written consent of the City. Any assignment or attempt
at assignment made without such consent of the City damages of every kind and nature made, rendered or
incurred byor in behalf of everyshall be void.
person or corporation
whatsoever, including the parties hereto and their 17. EQUAL OPPORTUNITY - The successful firm agrees
employees that may arise, occur, or grow out of any not to refuse to hire, discharge, promote, demote, or to
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 11 of 12
otherwise discriminate in matters of compensation "Iowa Open Records Law". By submitting any document
against any person otherwise qualified solely because to the City of Waterloo in connection with a proposal,
of age, race, color, religion, sex, sexual orientation, the submitting party recognized this and waives any
gender identity, marital status, national origin, claim against the City of Waterloo and any of its officers
citizenship status,disability, or veteran status. and employees relating to the release of any document
or information submitted.
18. TAXES -The City of Waterloo is exempt from sales tax
and certain other use taxes. Any charges for taxes from Each submitting party shall hold the City of Waterloo
which the City is exempt will be deducted from invoices and its officers and employees harmless from any
before payment is made. claims arising from the release of any document or
information made available to the City of Waterloo
19. PROPOSAL INFORMATION IS PUBLIC — All arising from any proposal opportunity.
documents submitted with any proposal and the
proposal shall become public documents and subject to
Iowa Code Chapter 22,which is otherwise known as the
RFP FOR ARCHAEOLOGICAL SERVICES—2009 Page 12 of 12
EXHIBIT"A"
CONTRACT FOR ARCHAEOLOGICAL SERVICES
This Contract for Archaeological Services (the "Agreement") is entered into as of
, 2009, by and between the City of Waterloo, Iowa("City") and
("Archaeological Company").
In consideration of the mutual promises exchanged herein, the parties agree as follows:
1. Services. Archaeological Company agrees to provide the archaeological services
described in the Request for Proposal—Archaeological Services Hazard Mitigation Grant
Program (HMGP) Property Acquisition Project, at the cost set forth in the Service Fee
Addendum hereto. Archaeological Company will be paid separately for each transaction.
Archaeological Company's request for payment for services authorized under this Contract shall
be submitted on a monthly basis and will be paid within thirty (30) days after receipt of an
original invoice and after such services are delivered and accepted.
2. Contract Documents. The following documents (collectively, the "Contract
Documents") are hereby incorporated by reference as though set forth herein in full:
a. Request for Proposal
b. Addenda
c. Response (Proposal) from the Archaeological Company
In the event of conflict between the provisions of the Contract Documents and this Agreement,
the provisions of this Agreement shall prevail.
3. Reporting; Records. Archaeological Company shall exercise best efforts to
maintain communication with City personnel whose involvement in the project is necessary or
advisable for successful and timely completion of the work of the project, including but not
limited to the closing of specific transactions. Communications between the parties shall be
verbal or in writing, as requested by the parties or as dictated by the subject matter to be
addressed. Archaeological Company shall maintain all project records for a minimum period of
three (3) years after the date of final payment for services rendered under this Agreement.
During the term of this Agreement and for the ensuing record-retention period, Archaeological
Company shall make any or all project records available upon reasonable request, and in any
event within two (2) business days of request, to City, Iowa Homeland Security and Emergency
Management Division(HSEMD),the Federal Emergency Management Agency (FEMA), the
Comptroller General of the United States, and any other agency of state or federal government,
or the duly authorized representatives of any of the foregoing, that has provided funding or
oversight for the HMGP property acquisition project, for the purpose of making audit,
examination, excerpts and/or transcriptions. For purposes of this section, "records"means any
and all books, documents, papers and records of any type or nature that are directly pertinent to
this Agreement. Archaeological Company agrees to furnish, upon termination of this Agreement
and upon demand by the City, copies of all basic notes and sketches, charts, computations, and
any other data prepared or obtained by the Archaeological Company pursuant to this Agreement,
without cost and without restrictions or limitation as to the use relative to specific projects
covered under this Agreement. In such event, the Archaeological Company shall not be liable for
the City's use of such documents on other projects.
4. Government-Mandated Provisions. Because the project activity is funded by the
federal government, federal law requires that the City's contracts relating to the project include
certain provisions. It is possible that some of the provisions set forth in this Section do not apply
to Archaeological Company or the services to be provided hereunder, but the provisions are
nonetheless set forth to cause this Contract to comply with federal law. City makes no
representation about whether any particular requirement is applicable to this Contract.
Parenthetical comments in the following paragraphs are taken from 44 CFR § 13.36(i).
A. Remedies. See Section 6 below.
B. Termination for Cause and for Convenience. See Sections 6 and 7 below.
C. Archaeological Company shall comply with Executive Order 11246 of
September 24, 1965, entitled"Equal Employment Opportunity," as amended by Executive Order
11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR
Chapter 60). (applies to all construction contracts awarded in excess of$10,000 by grantees and
their contractors or subgrantees)
D. Archaeological Company shall comply with the Copeland"Anti-
Kickback" Act(18 U.S.C. 874) as supplemented in Department of Labor regulations (29 CFR
Part 3). (applies to all contracts and subcontracts for construction or repair)
E. Davis-Bacon Act shall not apply.
F. Archaeological Company shall comply with Sections 103 and 107 of the
Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by
Department of Labor regulations (29 CFR Part 5). (applies to construction contracts awarded by
grantees and subgrantees in excess of$2,000, and in excess of$2,500 for other contracts which
involve the employment of mechanics or laborers)
G. City's Reporting Regulations and Requirements. See Section 3 above.
H. Patent Rights and Copyrights. With respect to any discovery or invention
which arises or is developed in the course of or under this Agreement, the Archaeological
Company is responsible for complying with requirements pertaining to patent rights, as defined
by the awarding agency. With respect to any publication, documents, or data that arises or is
developed in the course of or under this Agreement, the Archaeological Company is responsible
for complying with requirements pertaining to copyright, as defined by the awarding agency.
I. Access to Documents. See Section 3 above.
J. Retention of Documents. See Section 3 above.
2
K. Archaeological Company shall comply with all applicable standards,
orders, or requirements issued under Section 306 of the Clean Air Act(42 U.S.C. 1857(h)),
Section 508 of the Clean Water Act(33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency regulations (40 CFR Part 15). (applies to contracts,
subcontracts, and subgrants of amounts in excess of$100,000)
L. Energy Efficiency Standards. Archaeological Company shall comply with
mandatory standards and policies relating to energy efficiency that are contained in the State
Energy Conservation Plan issued pursuant to the Energy Policy and Conservation Act(Pub. L.
94-163, 89 Stat. 871). [53 FR 8078, 8087, Mar. 11, 1988, as amended at 60 FR 19639, 19645,
Apr. 19, 1995].
5. Indemnity. Except as to any negligence of City, its officials, officers, employees
or agents, in the performance of any duty under this Agreement, and to the extent not covered by
insurance maintained by Archaeological Company, Archaeological Company agrees to defend
and indemnify City, its officials, officers, employees and agents, and to hold same harmless,
from and against any and all claims, demands, causes of action, losses, costs, or liabilities
whatsoever, including but limited to reasonable attorneys' fees and expenses, arising from or in
connection with the acts or omissions of Archaeological Company in providing the services
contemplated by this Agreement.
6. Default; Termination for Cause. In the event that Archaeological Company
defaults in the performance or observance of any covenant, agreement or obligation set forth in this
Agreement, and if such default remains uncured for a period of fourteen(14)days after notice
thereof shall have been given by City to Archaeological Company(or for a period of twenty-eight
(28) days after such notice if such default is curable but requires acts to be done or conditions to be
remedied which,by their nature, cannot be done or remedied within such 28-day period and
thereafter Archaeological Company fails to diligently and continuously prosecute the same to
completion within such 28-day period),then City may declare that Archaeological Company is in
default hereunder and may take any one or more of the following steps, at its option:
a. by mandamus or other suit, action or proceeding at law or in equity,require
Archaeological Company to perform its obligations and covenants hereunder,
or enjoin any acts or things which may be unlawful or in violation of the rights
of the City hereunder, or obtain damages caused to the City by any such
default;
b. have access to and inspect, examine and make copies of all books and records
of Archaeological Company which pertain to the project;
c. declare a default of this Agreement, make no further disbursements,and
demand immediate repayment from Archaeological Company of any funds
previously disbursed under this Agreement;
d. terminate this Agreement by delivery to Archaeological Company of written
notice of termination; and/or
3
e. take whatever other action at law or in equity may be necessary or desirable to
enforce the obligations and covenants of Archaeological Company hereunder,
including but not limited to the recovery of funds.
No delay in enforcing the provisions hereof as to any breach or violation shall impair, damage or
waive the right of City to enforce the same or to obtain relief against or recover for the continuation
or repetition of such breach or violation or any similar breach or violation thereof at any later time
or times. In the event that City prevails against Archaeological Company in a suit or other
enforcement action hereunder,Archaeological Company agrees to pay the reasonable attorneys'
fees and expenses incurred by City.
7. Termination for Convenience. This Agreement may be terminated at any time, in
whole or in part, upon the mutual written agreement of the parties. City may also choose to
terminate this Agreement at any time by delivering to Archaeological Company 30-days'
advance written notice of intent to terminate.
8. Non-Assignable Duties. Archaeological Company may not assign his or her
duties hereunder without the prior written consent of City.
9. Independent Contractor. Archaeological Company is an independent contractor
and is not an employee, servant, agent, partner, or joint venturer of City. Archaeological
Company has no power or authority to enter into contracts or agreements on behalf of City. City
shall determine the work to be done by Archaeological Company,but Archaeological Company
shall determine the legal means by which he or she performs the work specified by City. City is
not responsible for withholding, and shall not withhold, FICA or taxes of any kind from any
payments which it owes Archaeological Company. Neither Archaeological Company nor his or
her employees, if any, shall be entitled to receive any benefits which employees of City are
entitled to receive and shall not be entitled to workers' compensation, unemployment
compensation, medical insurance, life insurance, pension, or any benefits of any type or nature
whatsoever on account of their work for City. Archaeological Company shall be solely
responsible for compensating his or her employees, if any.
10. Severability. In the event any provision of this Agreement,together with the
Contract Documents, is held invalid, illegal, or unenforceable, whether in whole or in part, the
remaining provisions of this Agreement shall not be affected thereby and shall continue in full
force and effect. If, for any reason, a court finds that any provision of this Agreement is invalid,
illegal, or unenforceable as written, but that by limiting such provision it would become valid,
legal, and enforceable, then such provision shall be deemed to be written and shall be construed
and enforced as so limited.
11. General Terms. This Agreement, together with the Contract Documents,
constitutes the entire agreement between the parties pertaining to the subject matter hereof. This
Agreement may not be modified or amended except pursuant to the mutual written agreement of
the parties. This Agreement is binding on the parties and the heirs, personal representatives,
successor and assigns of each. Time is of the essence in the performance of the terms hereof
The initial term of this Agreement shall be for twelve (12) months as of the date first set forth
above.
4
IN WITNESS WHEREOF, the parties have executed this Contract for Archaeological
Services as of the date first set forth above.
CITY OF WATERLOO, IOWA
By:
Timothy J. Hurley, Mayor [Archaeological Company]
Attest:
City Clerk
5
SERVICE FEE ADDENDUM
Activity Title Cost
Phase I Archaeological Study $
(lump-sum cost for all properties)
Monitoring of demolition, if required $
(per property cost)
Total actual expenses allowed by the project Contract, including any renewal extensions of
the Contract, shall not exceed $
Exhibit "B"
Property and Owner Information for Archaeological Services RFP
# PIN Deed Holder Property Address or Lot Status Approx Area*
1 891315376010 PRICE,MICHAEL R SR 148 SANS SOUCI DR dwelling 0.308
1A 891315377007 PRICE,MICHAEL R SR Lot 22-31 Garage on leased land garage
2 891315376009 WILSON,LOGAN R 158 SANS SOUCI DR dwelling 0.200
2A 891315377008 WILSON,LOGAN R Lot 22-31 Garage on leased land garage
3 891315376018 WILCOX,DALE 0 106 SANS SOUCI DR dwelling 0.195
3A 891315377003 WILCOX,DALE 0 Lot 22-31 Garage on leased land garage
4-1891315376014 JOHNSON,RICHARD A 128 SANS SOUCI DR dwelling 0.148
4A-1891315377006 JOHNSON,RICHARD A Lot 22-31 Garage on leased land garage
5 1891315376016 WILLIAMS,JOHN E 118 SANS SOUCI DR dwelling 0.129
5A t891315377004 WILLIAMS,JOHN E Lot 22-31 Garage on leased land garage
6 1891315376013 DUNHAM,BONNIE J 132 SANS SOUCI DR dwelling 0.129
6A 891315377015 DUNHAM,BONNIE J Lot 22-31 Garage on leased land garage
7 891322201003 SHANKLE,KENT F 15 SANS SOUCI DR dwelling 0.110
8 891315376005 STANHOPE,EDWARD J 176 SANS SOUCI DR dwelling 0.276
8A 891315377012 STANHOPE,EDWARD J Lot 22-31 Garage on leased land garage
9 891315376012 SHARP,LINDA S 136 SANS SOUCI DR dwelling 0.129
9A 891315377014 SHARP,LINDA S Lot 22-31 Garage on leased land garage
10 891315376006 WALKER,ROBERT M 168 SANS SOUCI DR dwelling 0.272
10A 891315377011 WALKER,ROBERT M Lot 22-31 Garage on leased land garage
11 1891_315376011 ASHLOCK,ALAN 140 SANS SOUCI DR dwelling 0.129
11AC891315377016 ASHLOCK,ALAN Lot 22-31 Garage on leased land garage
12991315376007 HASTINGS,BRENT J 164 SANS SOUCI DR dwelling 0.127
12Aj891315377010 HASTINGS,BRENT J Lot 22-31 Garage on leased land garage
13 1891315376008 MURRAY,JOHN M 160 SANS SOUCI DR dwelling 0.127
13A1891315377009 MURRAY,JOHN M Lot 22-31 Garage on leased land garage
14 891322201004 PORTER,MATTHEW J 19 SANS SOUCI DR dwelling 0.110
15 891322201002 GORBY,KATHLEEN C 11 SANS SOUCI DR dwelling 0.110
15A 891322201001 GORBY,GENE E Lot 36&37 vacant lot 0.281
16 891322201005 HACKETT,SHANE M 23 SANS SOUCI DR dwelling 0.110
17 891315376002 SCULLY KLATT,MARY JO TRUST 186 SANS SOUCI DR dwelling 2.480
17A 891315376001 SCULLY KLATT,MARY JO TRUST Lot 6 vacant lot 0.280
18 891315376003 HACKETT,JAMES R 180 SANS SOUCI DR dwelling 0.470
18A 891315377013 HACKETT,JAMES R Lot 22-31 Garage on leased land garage
19 i 891315376015 WEIKERT,ILENE J 122 SANS SOUCI DR dwelling 0.148
19A1891315377005 WEIKERT,ILENE J Lot 22-31 Garage on leased land garage
20 1891315376017 ASHLOCK,ALAN W 110 SANS SOUCI DR dwelling 0.200
21 !891315377002 SANS SOUCI ASSOCIATION Lot 22-31 vacant lot 4.940
22 1891315451007 SCHIPPER,SANDRA A 807 RIVERSIDE DR dwelling 0.070
22AT891315451008 SCHIPPER,SANDRA A Lot 3 vacant lot 0.080
22B 891315451006 SCHIPPER,SANDRA A Lot 1 vacant lot 0.060
22C 891315451010 SCHIPPER,SANDRA A Lot 5 vacant lot 0.091
22D 891315451009 SCHIPPER,SANDRA A Lot 4 vacant lot 0.462
23 891315456003 ALDRICH,FRANK 501 RIVERSIDE DR dwelling 0.162
24 891316151008 HARDER,WENDELL R 212 GREENWOOD AV dwelling 0.157
24A 891316151009 HARDER,WENDELL R Lot 2&3 vacant lot 0.124
24B 891316151019 HARDER,WENDELL R Lot 18 vacant lot 1.210
25 891316151004 SCHIEL,PAUL F 222 GREENWOOD AV dwelling 0.117
25A 891316151003 SCHIEL,PAUL F Lot 9 vacant lot 0.118
26 891316326031 CULVER,CASEY L 188 GREENWOOD AV dwelling 0.776
27 91316302001 SPEARS,BARBARA ANN 104 WOODSIDE DR dwelling 1.237
28 1891316151014 LOFSTUEN,ARLENE A-Keith Chambers 202&204 GREENWOOD AV 2 dwellings 0.484
29 891316151005 LOFSTUEN,ARLENE A-Keith Chambers 218 GREENWOOD AV dwelling 0.116
30 891316451021 JEBE,WESLEY F-Brian Sayer, Dunakey&Klatt 114 BLACKWOOD AV dwelling 0.126
30A 891316451026 JEBE,WESLEY F Lot 24 vacant lot 0.144
30B 891316451027 JEBE,WESLEY F Lot 25 vacant lot 0.106
30C 891316451028 JEBE,WESLEY F Lot 39 vacant lot 0.168
30D 891316451029 JEBE,WESLEY F Lot 40 vacant lot 0.167
Page 1 of 2
Exhibit "B"
Property and Owner Information for Archaeological Services RFP
# PIN Deed Holder Property Address or Lot Status Approx Area*
30E 891316453014 JEBE,WESLEY F Lot 9 vacant lot 0.152
30F 891316453015 JEBE,WESLEY F Lot 10 vacant lot 0.139
30G 891316453016 JEBE,WESLEY F Lot 11 vacant lot 0.131
31 891316151013 LOFSTUEN,ARLENE A-Keith Chambers 206 GREENWOOD AV dwelling 0.654
32 891316327007 JEBE,WESLEY F JR-Brian Sayer, Dunakey&Klat 159 GREENWOOD AV dwelling 0.142
32A 891316327008 JEBE,WESLEY F JR Lot 59 vacant lot 0.143
33-1891316326014 JEBE,WES-Brian Sayer, Dunakey&Klatt GREENWOOD AV 3 dwellings 0.855
34 891316401026 LOFSTUEN,ARLENE A-Keith Chambers 136 GREENWOOD AV dwelling 0.573
34A.J891316401028 LOFSTUEN,ARLENE A Lot 56 vacant lot 0.162
35 891316326024 JEBE,WESLEY F-Brian Sayer, Dunakey&Klatt 140 GREENWOOD AV dwelling 0.193
36 891316326023 GROSSE,JERRY A&ZIEMER,CRAIG ARNOLD 142 GREENWOOD AV dwelling 0.214
36A 891316326022 GROSSE,JERRY A&ZIEMER,CRAIG ARNOLD Lot 55 vacant lot 0.188
37 891316401006 JEBE,WESLEY F-Brian Sayer, Dunakey&Klatt 128 GREENWOOD AV dwelling 0.186
37A 891316401008 JEBE,WESLEY F Lot 56 vacant lot 0.346
37B 891316401009 JEBE,WESLEY F Lot 56 vacant lot 0.416
37C,891316401010 JEBE,WESLEY F Lot 56 vacant lot 0.188
38 1891316326029 JEBE,WESLEY F-Brian Sayer, Dunakey&Klatt 162 GREENWOOD AV dwelling 0.227
39 !891316326025 JEBE,WESLEY-Brian Sayer, Dunakey&Klatt 148 GREENWOOD AV dwelling 0.120
39A1891316326021 JEBE,WESLEY F Lot 55 vacant lot 0.203
39B 1891316327009 JEBE,WESLEY F Lot 58 vacant lot 0.088
40 ,891316327012 ANACAPA ASSOCIATES LLC 149 GREENWOOD AV dwelling 0.188
40A- 891316327013 ANACAPA ASSOCIATES LLC Lot 53 vacant lot 0.246
41 1891316151001 MALCOLM,RICHARD J JR 234 GREENWOOD AV dwelling 0.120
41A 891316151002 1MALCOLM,RICHARD J JR Lot 10 vacant lot 0.120
41 B 891316151020 MALCOLM,RICHARD J JR Lot 17 vacant lot 0.165
41C 891316151021 MALCOLM,RICHARD J JR Lot 16 vacant lot 0.165
41D 891316151022 MALCOLM,RICHARD J JR Lot 15 vacant lot 0.165
41E 891316151023 MALCOLM,RICHARD J JR Lot 14 vacant lot 0.165
41F 891316151024 MALCOLM,RICHARD J JR Lot 13 vacant lot 0.135
41 G 891316151025 MALCOLM,RICHARD J JR Lot 12 vacant lot 0.168
42 1891316304001 THE AVIS FAMILY TRUST 302 N HACKETT RD dwelling 13.500
i
*Approx.Area in Acres Total Approx.Area: 37.840
Page 2 of 2
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Exhibit "D"
U.S.Department of Homeland Security
Federal Emergency Management Agency
DR-1763-IA Joint Field Office
4149—120th Street
Urbandale,IA 50323
/J k FEMA
,,,4., ., .,,
May 13, 2009
Mr. Dennis Harper
Iowa Homeland Security and Emergency Management Division
7105 N.W. 70th Avenue
Johnstown, Iowa 50131
RE: Review under Section 106 of the National Historic Preservation Act for properties in the City of
Waterloo, Black Hawk County eligible for Acquisition/Demolitions under Section 404 of the Stafford
Act
Dear Mr. Harper:
The City of Waterloo has made application to FEMA for the funding of Acquisition/Demolitions
under Section 404 of the Stafford Act. All properties identified as eligible for participation in
FEMA's 404 program have been reviewed under Section 106 of the National Historic Preservation
Act to determine if historic resources will be affected by federally funded actions.
In consultation with the State Historic Preservation Office(SHPO) FEMA finds that no historic
properties will be affected by the undertaking to demolish the below listed properties pursuant to
Section 404 of the Stafford Act. Although none of these properties are within the immediate vicinity
of a previously recorded archaeological site the demolition contractor should make a reasonable effort
to avoid or minimize harm to any potential archaeological deposits. A number of prehistoric and
historic archaeological sites have been identified across the general area including a series of
Woodland-period prehistoric mound sites and a prehistoric village site along the bank of the Iowa
River in the vicinity of Greenwood Avenue and along both sides of the river in the vicinity of Sans
Souci Drive and Riverside Drive. All demolition activities on Blackwood Street, Greenwood
Avenue, North Hackett Road,Riverside Drive,Sans Souci Drive and Woodside Drive will
require the presence of a monitor who meets the Secretary of the Interior's Professional
Qualification Standards for Archaeology.The type of deposits and features that may be
encountered during demolition activities and to which the monitor must pay special attention is listed
below.
www.ferna.gov
Address Date Archaeology Notes
114 Blackwood 1941 Prehistoric SOI qualified archaeological
Avenue monitor required
Greenwood SOI qualified archaeological
128 Avenue 1920 Prehistoric and Historic monitor required
Greenwood SOI qualified archaeological
136 1956 Prehistoric
Avenue monitor required
Greenwood SOI qualified archaeological
140 Avenue 1928 Prehistoric and Historic monitor required
Greenwood SOI qualified archaeological
142 1920 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
148 Avenue 1928 Prehistoric and Historic monitor required
Greenwood SOI qualified archaeological
149 Avenue 1940 Prehistoric and Historic monitor required
Greenwood SOI qualified archaeological
159 1941 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
160A 1920 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
160E 1920 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
160C Avenue 1920 Prehistoric and Historic monitor required
Greenwood SOI qualified archaeological
162 1934 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
188 1920 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
202 1938 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
204 1938 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
206 1928 Prehistoric
Avenue monitor required
Greenwood SOI qualified archaeological
212 1937 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
218 1973 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
222 1930 Prehistoric and Historic
Avenue monitor required
Greenwood SOI qualified archaeological
234 1951 Prehistoric
Avenue monitor required
302 N Hackett Road 1929 Prehistoric SOI qualified archaeological
monitor required
Address Date Archaeology Notes
501 Riverside Drive 1909 Prehistoric and Historic SOI qualified archaeological
monitor required
807 Riverside Drive 1909 Prehistoric and Historic SOI qualified archaeological
monitor required
11 Sans Souci 1919 Prehistoric and Historic SOI qualified archaeological
Drive monitor required
Sans Souci SOI qualified archaeological
15 1920 Prehistoric and Historic
Drive monitor required
19 Sans Souci 1910 Prehistoric and Historic SOI qualified archaeological
Drive monitor required
Sans Souci SOI qualified archaeological
23 1917 Prehistoric and Historic
Drive monitor required
104 Woodside Drive 1920 Prehistoric and Historic SOI qualified archaeological
monitor required
Subject to the monitoring conditions placed on the demolition of the listed properties,the
implementation of the undertaking in accordance with the finding of no historic properties affected
fulfills FEMA's responsibilities under Section 106 of the National Historic Preservation Act.
In addition, FEMA finds, and the SHPO concurs, that the following properties are individually
eligible for listing in the National Register of Historic Places. Consequently, their demolition will
constitute an adverse effect on historic properties.
NR
Address Date eligibility Archaeology Notes
E* D/C*
Sans Souci Prehistoric SOI qualified archaeological
106 1911 NO Y/C
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
110 1918 NO Y/C
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
118 1901 NO Y/C
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
122 1914 NO Y/C
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
128 1904 NO Y/C
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
132 1914 NO Y/C
Drive and Historic monitor required
136 Sans Souci 1922 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
Sans Souci Prehistoric SOI qualified archaeological
140 1920 NO Y/C
Drive and Historic monitor required
NR
Address Date eligibility Archaeology Notes
E* D/C*
148 Sans Souci 1908 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
158 Sans Souci 1921 YES Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
160 Sans Souci 1912 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
164 Sans Souci 1922 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
168 Sans Souci 1919 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
176 Sans Souci 1917 YES Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
180 Sans Souci 1914 NO Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
186 Sans Souci 1941 YES Y/C Prehistoric SOI qualified archaeological
Drive and Historic monitor required
* E -individually eligible for listing in the National Register of Historic Places
* D/C D - within an identified Historic District eligible for listing in the National Register of
Historic Places
C -contributing element to the identified Historic District
As required under 36 CFR 800.6(b)FEMA will consult with the SHPO and other consulting parties
to seek ways to mitigate the adverse effect and execute a memorandum of agreement. The resultant
memorandum of agreement is evidence of FEMA's compliance with its statutory responsibilities
under Section 106 of the National Historic Preservation Act.
Sincerely,
Lois H. Coulter
FEMA Historic Preservation Specialist
Cc: Barbara Mitchell,Deputy Iowa State Historic Preservation Officer
Doug Jones, Review and Compliance Program Manager, State Historical Society of Iowa
Ken Sessa, FEMA Region VII Regional Environmental Officer
Julie Silvers,FEMA Region VII Hazard Mitigation Assistance Branch
Nancy Whitman, FEMA Hazard Mitigation Grant Program
John Wageman, IHSEMD, Hazard Mitigation Grant Program
Marlys Svendsen, Iowa Homeland Security and Emergency Management Division
Justine Zimmer,Iowa Homeland Security and Emergency Management Division
HISTORICAL
SOCIETYof
IOWA
..Division of the Iowa Department of Cultural Affairs
April 8, 2009 In reply refer to:
R&C#: 090407054
Charles A. Bello, Historic Preservation Specialist
U.S_ Department of Homeland Security
Federal Emergency Management Agency
Joint Field Office
F EMA-1'727-DR-IA
4149 NW 120th Street
Urbandale, Iowa 50323-2314
RE: FEMA—BLACK HAWK COUNTY—CITY OF WATERLOO—FLOOD 2008—HADB#07-
090—HISTORICAL AND ARCHIIECTURAL RECONNAISSANCE SURVEY FOR 2008
FLOOD PROJECTS IN WATERLOO BY IOWA HOMELAND SECURITY&EMERGENCY
MANAGEMENT DIVISION—ARCHAEOLOGICAL REVIEW BY FEMA
Dear Mr. Bello,
We have received and reviewed the above referenced information that you prepared and provided to our
office. We understand that these properties will be involved with different federal undertakings for the
Federal Emergency Management Agency(FEMA) and perhaps other federal agencies that will need to
comply with Section 106 of the National Historic Preservation Act and with the National Environmental
Policy Act.. We also understand that this information is provided to our office to streamline the Section
106 consultation process for the forthcoming undertakings by evaluating the potential for the
undertaking to affect archaeological sites and establishing standard protocols and procedures for
evaluating the need for archaeological evaluation of properties_
We understand that an examination of archaeological site records indicated that no previously recorded
archaeological sites are located within the properties. However, a number of archaeological sites are
located immediately adjacent to the properties located along Greenwood Avenue along the right bank of
the Cedar River and along Sans Souci Drive and Riverside Drive along both sides of the river. Due to
the sensitivity of this area and the fact that previously recorded archaeological sites are located
immediately adjacent to the properties along Greenwood Avenue along the right bank of the Cedar
River and along Sans Souci Drive and Riverside Drive along both sides of the river, we agree with your
assessment that a professional archaeologist should be present to monitor the demolition activities of the
properties along these streets,
We also agree that an archaeological survey does not need to be conducted in advance of the
demolitions on the other properties because the demolition activities will be primarily contained within
the footprint of the foundation We understand that an on-site Monitor will be present at each of these
demolitions„ The monitors have received cultural resource training by the FEMA Special
Considerations Staff Archaeologist and will immediately notify Iowa Homeland Security and
Emergency Management(IHSEMD), FEMA, the Office of the State Archaeologist (OSA), and our
600 EAST LOCUST STREET DEs MOWES,1A 50319-0290 P;(515)281-5111
•
•
office if prehistoric artifacts or historic artifacts are encountered and identified during the demolition •
activities. In this scenario,the contractor should make reasonable efforts to avoid further impacts to the
property until an assessment can be made by a qualified archaeologist per the established protocols and
procedures agreed upon by our agencies through our Programmatic Agreement.
We also agree with your recommendations regarding the properties which may have a higher potential
to have potentially significant historic period archaeological deposits and features as well as the areas
noted as having a higher potential to contain PreContact archaeological sites.
We have made these comments and recommendations according to our responsibility defined by
Federal law pertaining to the Section 106 process.Your agency does not have to follow our comments
and recommendations to comply with the Section 106 process. It remains your agency's decision on
whether or not to provide additional information to our office• It also remains your agency's decision on
how you will proceed from this point forward.. If you choose not to follow our recommendations,
please consult 36 CFR Part 800.4(d)(1)(ii) or 36 CFR Part 800.5(c)(2)(i), as appropriate, for
guidance on how to conclude the Section 106 consultation.
Should you have any questions please contact me at the number below
Sincerely,
(./)-17(1d
Douglas W. Jones, Archaeologist and Review and Compliance Program Manager
State Historic Preservation Office
State Historical Society of Iowa
(515) 281-4358
cc: Barbara Mitchell,Deputy Iowa State Historic Preservation Officer
Ralph Christian,Historian, State Historical Society of Iowa
Jeremy Ammerman, Architectural Historian for Disaster Recovery Efforts,SHSI
Ken Sessa,Regional Environmental Officer, FEMA
Teri Ioye, Historical Specialist,FEMA/DHS
Lois Coulter,Historical Specialist,FEMAIDHS
Iim Weitzel,Iowa Department of Economic Development
Rita Eble, Iowa Department of Economic Development
Justine Zimmer, Iowa Homeland Security arid Emergency Management
Marlys Svendsen,Iowa Homeland Security and Emergency Management
U.S.Department of Homeland Security
• Federal Emergency Management Agency
Joint Field Office
FEMA-1763-DR-LA
4149 NW 120th Street
Urbandale,[A 50323
Plume:(515)251-350 1
jpe
,=;f FEMA
08/07/2009
•
Douglas W. Jones
Review and Compliance Program Manager
State Historical Society of Iowa
600 East Locust Street
Des Moines, IA 50319-0290
Re: Phase 1 archeological surveys as an alternative to archeological monitoring during
demolition of properties eligible for Acquisition/Demolition under Sections 403 and 404
of the Stafford Act
Dear Mr. Jones:
The Federal Emergency Management Agency(FEMA)proposes to administer Federal disaster assistance
pursuant to the Robert T. Stafford Disaster Relief and Emergency Assistance Act,P.L. 93-288,as
amended. FEMA has received funding requests for the acquisition and demolition of residential
properties throughout Presidentially declared disaster areas as a result of severe flooding during the period
of 05/25/2008—08/13/2008.
In five communities,prehistoric and historic archaeological sites have been identified within the
immediate vicinity of proposed undertakings. Although the area of potential effect(APE) for each
undertaking has been defined as the area immediately surrounding the identified structures,FEMA found
and the SHPO concurred that demolition activities on these properties will require the presence of a
monitor who meets the Secretary of the Interior's Professional Qualification Standards for Archaeology
(SOI qualified archaeologist)
Contractors have been unable to solicit bids from an SOI qualified archaeologist to monitor these
demolitions. In an effort to streamline the demolition process,FEMA will accept a Phase I Reconnaissance
Survey report for the indentified properties in lieu of monitoring by an SOI qualified archaeologist. All work
will conform to the guidelines established for archaeological investigations in Iowa,Based on the
archaeologist's report FEMA, in consultation with the SHPO, will determine whether the individual
undertaking will require monitoring by a SOI qualified archaeologist during demolition activities,If the Phase
I survey identifies presence of archeological sites,the archeologist will recommend a course of action to avoid
adverse effects.
www.iema.gov
FEMA respectfully requests your concurrence with this modification within the 10-day agreed upon
timeframe. If you have any questions or comments, please contact Eric Wieland at(515) 559-7445 or by
email at eric.wieland@dhs.gov.
Sincerely,
Eric C. Wieland
Environmental and Historic Preservation Branch Chief
Iowa Recovery Center
I concur with your modification as a result of the proposed action pursuant to 36 CFR Part
800.
I do not concur with your modification for the following reason:
Date
Douglas W. Jon
Alr
Review and Compliance Program Manager,Archaeologist
Cc: Kenneth Sessa,FEMA Region VII Regional Environmental Officer
Attachments