Bee Branch Watershed Flood Mitigation Project, HUD Resiliency Grant_Infrastructure_ECIA Copyright 2014
City of Dubuque Consent Items # 15.
ITEM TITLE: Bee Branch Watershed Flood Mitigation Project, HUD
National Disaster Resilience Competition Grant,
Infrastructure, Contract Award For General Administrative
Services
SUMMARY: City Manager recommending approval of the execution of a
contract with East Central Intergovernmental Association
(ECIA) to provide general grant administration services
related to the City's use of Community Development Block
Grant Program Disaster Recovery— National Disaster
Resiliency funds for infrastructure improvements
associated with the Bee Branch Watershed Flood
Mitigation Project.
RESOLUTION of the City of Dubuque approving the
contract for 2016 CDBG National Disaster Resiliency
Infrastructure Grant Administration to East Central
Intergovernmental Association
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Bee Branch Watershed HUD Grant-MVM Memo City Manager Memo
Staff Memo Staff Memo
Resolution Resolutions
Infrastructure Contract Supporting Documentation
THE CM OF Dubuque
AAA-A m c
DUB E 11 1r
Masterpiece on the Mississippi -2012I
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Bee Branch Watershed Flood Mitigation Project, HUD National Disaster
Resilience Competition Grant, Infrastructure, Contract Award for General
Administration Services
DATE: January 11, 2017
City Engineer Gus Psihoyos recommends City Council approval of the execution of a
contract with East Central Intergovernmental Association (ECIA) to provide general
grant administration services related to the City's use of $23,309,600 in Community
Development Block Grant Program Disaster Recovery — National Disaster Resiliency
funds for infrastructure improvements associated with the Bee Branch Watershed Flood
Mitigation Project.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
SLI -A-k—
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CDtUB
OF
Dubuque
All-America City
E r
Masterpiece on the Mississippi
2007•2012•2013
TO: Michael C Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: January 11, 2017
RE: Bee Branch Watershed Flood Mitigation Project, HUD National Disaster
Resilience Competition Grant, Infrastructure, Contract Award for General
Administration Services
INTRODUCTION
The purpose of this memorandum is to seek authorization to enter into a contract with
East Central Intergovernmental Association (ECIA) for General Administration services
related to the City's use of$23,309,600.00 in Community Development Block Grant
Program Disaster Recovery— National Disaster Resiliency funds for infrastructure
improvements associated with the Bee Branch Watershed Flood Mitigation Project.
BACKGROUND
In March 2015, the City was part of a State of Iowa Phase I application for U. S.
Department of Housing and Urban Development (HUD) funds through the Community
Development Block Grant National Disaster Resilience (CDBG-NDR) competition. The
State was then invited to submit a Phase II application as part of the final round of the
competition. Once again, the City was a key partner in determining the success of the
Phase II application.
In January 2016, the State was awarded $95.7 million in HUD National Disaster
Resiliency Competition grant funds. Per the award, the City of Dubuque is to receive
$8.4 million for a comprehensive "Bee Branch Healthy Homes Resiliency Program" to
help residents address residual impacts from the flooding experienced within the Bee
Branch Watershed. The City is also to receive $23.1 million for storm water
infrastructure improvements associated with the Bee Branch Watershed Flood
Mitigation Project. The infrastructure improvements are as follows:
1. Bee Branch Railroad Culvert Infrastructure Improvements involving the
installation of culverts from the Lower Bee Branch Creek, through Canadian
Pacific Railway property, to the Upper Bee Branch north of Garfield Avenue;
2. 22nd Street/Kaufmann Ave Storm Sewer Improvements involving the installation
of a large diameter storm sewer from 22nd & Elm up Kaufmann Avenue to the
Kaufmann & Kane intersection. The work includes inlets and local sewer
connections to the storm sewer and the complete reconstruction of the street and
other underground utilities along street right-of-way corridor.
3. 17th StreeYW. Locust Street Storm Sewer Improvements involving the installation
of a 96-inch diameter pipe from the Lower Bee Branch Creek through the
Canadian Pacific Railway tracks to 17th Street then to the west along 17th Street
and finally west along W. Locust Street towards Angella St. The work includes
inlets and local sewer connections to the storm sewer and the complete
reconstruction of the street and other underground utilities along street right-of-
way corridor.
In October of 2016, the City Council adopted Resolution 362-16 approving the
execution of a contract with the Iowa Economic Development Authority (IEDA) in order
for the City to utilize $23,309,600.00 in Community Development Block Grant Program
Disaster Recovery— National Disaster Resiliency funds for infrastructure improvements
associated with the Bee Branch Watershed Flood Mitigation Project.
DISCUSSION
The Iowa Economic Development Authority (IEDA) works directly with Council of
Governments (COGs) across the state who typically help smaller communities
administer the use of HUD Community Development Block Grant (CDBG) funding.
ECIA serves as the only COG in the Dubuque County region. Therefore, IEDA has
recommended that the City hire ECIA to help administer the HUD CDBG — National
Disaster Resiliency funds for infrastructure improvements associated with the Bee
Branch Watershed Flood Mitigation Project.
The contract with IEDA outlines that the City is to receive $157,500.00 to cover grant
administration costs. The City has worked with ECIA to develop a scope of services,
tasks to be performed by ECIA that will compliment additional grant administrative tasks
to be performed by City staff. Generally speaking, ECIA will:
1) Complete and document the environmental review process required of all CDBG
funded projects;
2) Ensure that engineers and contractors understand CDBG contracting
requirements;
3) Prepare and submit reports to IEDA;
4) Ensure contractor compliance with Davis-Bacon prevailing wage requirements;
and
5) Interface directly with the online iowagrants.gov website to submit draw requests.
The proposed contract, attached hereto, outlines the specific tasks to be performed by
ECIA at a cost to the City of $108,335.80.
RECOMMENDATION
I recommend entering into the contract with ECIA to assist with the administration of the
$23,309,600.00 in Community Development Block Grant Program Disaster Recovery —
2
National Disaster Resiliency funds for infrastructure improvements associated with the
Bee Branch Watershed Flood Mitigation Project.
BUDGETIMPACT
The $108,335.80 in funding required to hire ECIA will come from the $157,500.00
outlined in the contract with IEDA to cover the HUD CDBG — National Disaster
Resiliency grant administration costs.
REQUESTED ACTION
I respectfully request adoption of the attached resolution approving the execution of the
contract with ECIA to provide general grant administration services related to the City's
use of $23,309,600.00 in HUD CDBG — National Disaster Resiliency funds for
infrastructure improvements associated with the Bee Branch Watershed Flood
Mitigation Project.
Prepared by Deron Muehring
Cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Jenny Larson, Budget Director
Jean Nachtman, Finance Director
Deron Muehring, Civil Engineer
3
RESOLUTION NO. 25-17
A RESOLUTION OF THE CITY OF DUBUQUE APPROVING THE CONTRACT FOR 2016
CDBG NATIONAL DISASTER RESILIENCY INFRASTRUCTURE GRANT
ADMINISTRATION TO EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
Whereas, the City of Dubuque, Iowa is party to the Agreement creating the East
Central Intergovernmental Association (hereinafter called the ECIA) and is a member in
good standing; and
Whereas, the City of Dubuque, Iowa wishes to engage the ECIA to provide certain
technical and professional services for grant administration of the City of Dubuque's 2016
Iowa Economic Development Authority Community Development Block Grant National
Disaster Resiliency Grant (Contract #13-NDRI-011); and
Whereas, Articles II, III (12), and VIII (2) and (3) of the Articles of Agreement of the
East Central Intergovernmental Association gives the ECIA the authority to perform services
under consideration; and
Whereas, it is in the best interest of the City to enter into a contract with ECIA for
professional services.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA, THAT:
The Mayor is hereby authorized to execute the Contract and such other documents as are
necessary to bind the City and East Central Intergovernmental Association as prescribed in
the attached Contract for Services and Scope of Services.
Passed, approved and adopted this 17th day of January, 2017.
Attest:
Kevin S. irnstahl, MC, City Clerk
er„,
Fd
Kevin J. Lynch, Mayor Pro -Tem
CONTRACT FOR SERVICES WITH
EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
THIS CONTRACT, entered into by and between the East Central Intergovernmental Association
(hereinafter called ECIA) and under a passed and approved RESOLUTION OF DUBUQUE,
IOWA, (hereinafter called City), authorizing ECIA's assistance in carrying out this Contract and
attached Scope of Services, and approved by ECIA on January 18, 2017.
TERMS. This Contract carries the following terms.
SECTION 1. Scope of Services
ECIA shall provide and perform the necessary services required to carry out grant administration for
the 2016 Iowa Economic Development Authority Community Development Block Grant National
Disaster Resiliency Grant #13-NDRI-011 as set out in the Scope of Services attached.
SECTION 2. Time of Performance
The services of ECIA shall commence on date of State of Iowa grant approval, and shall be
completed upon receipt of final Certificate of Completion from the State of Iowa.
Commencement and completion of services as identified herein is subject to the State of Iowa being
timely provided grant approval, for said contract. The parties also acknowledge that ECIA's time of
performance and Scope of services as identified herein, may be contingent upon the actions and/or
requirements of other parties. ECIA shall not be responsible for a delay in services when said
services are contingent upon the completion or performance of services by third parties.
SECTION 3. Method of Payment
Payment shall be due upon receipt of a monthly bill for services. The payment shall be based on the
actual costs incurred by the agency in administering the contract, including labor and overhead, all
according to OMB Circular A122. Total payment shall not exceed $108,335.80.
SECTION 4. Personnel
The ECIA represents that it has, or will acquire, all personnel necessary to perform the services
under this Contract.
SECTION 5. Property
ECIA shall be free to acquire or use existing property, real or personal, as it deems necessary in the
performance of work under this agreement.
SECTION 6. Access to Records
ECIA, the City, the State of Iowa, the U.S. Department of Housing and Urban Development, the
Comptroller General of the United States, or any of their duly authorized representatives, shall have
access to any books, documents, papers, and records which are directly pertinent to this specific
contract, for the purpose of making audit, examinations, excerpts, and transcriptions.
ECIA and the City shall maintain all required records for five years after complete grant closeout
and all other pending matters are closed.
SECTION 7. Civil Rinhts Provisions
7.1 DISCRIMINATION IN EMPLOYMENT. The City shall not discriminate against
any qualified employee or applicant for employment because of race, color, religion, sex,
national origin, age, sexual orientation, gender identity, familial status, physical or mental
disability. The City may take affirmative action to ensure that applicants are employed
and that employees are treated without regard to their race, color, religion, sex, national
origin, age, sexual orientation, familial status, gender identity, or physical or mental
disability. Such action shall include, but may not be limited to, the following:
employment, upgrading, promotion, demotion or transfers; recruitment or recruitment
advertising; lay-off or termination; rates of pay or other forms of compensation; and
selection for training, including an apprenticeship. The City agrees to post notices setting
forth the provisions of the nondiscrimination clause in conspicuous places so as to be
available to employees Upon the State's written request, the City 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.
7.2 CONSIDERATION FOR EMPLOYMENT. ECIA shall, in all solicitations or
advertisements for employees placed by or on behalf of the City, state that all qualified
applicants will receive consideration for employment without regard to race, color,
religion, sex, national origin, age, sexual orientation, gender identity, physical or mental
disability, or familial status.
7.3 SOLICITATION AND ADVERTISEMENT. ECIA shall list all suitable
employment openings in the State Employment Service local offices.
7.4 CIVIL RIGHTS COMPLIANCE IN EMPLOYMENT. ECIA shall comply with all
relevant provisions of the Iowa Civil Rights Act of 1965 as amended; Chapter 1913.7 and
Chapter 216, Code of Iowa, Federal Executive Order 11246, as amended; Title VI of the
U.S. Civil Rights Act of 1964 as amended (P.L. 88-42 352, 42 U.S.C. Section 2000d et
seq.);the Fair Labor Standards Act(29 U.S.C. Section 201 et seq.); The Americans with
Disabilities Act, as applicable, (P.L. 101336, 42 U.S.C. 12101-12213); Section 504 of
the Rehabilitation Act of 1973 as amended (P.L. 93-112, 29 U.S.C. Section 794); and the
Age Discrimination Act of 1975 as amended (42 U.S.C. Section 6101 et seq.). ECIA will
furnish all information and reports requested by the State of Iowa or required by or
pursuant to the rules and regulations thereof and will permit access to payroll and
employment records by the State of Iowa to investigate compliance with these rules and
regulations.
7.5 Program Nondiscrimination- ECIA shall conform with requirements of Title VI of the
Civil Rights Act of 1964 (42 U.S.C. 2000d et seq.) and HUD regulations issued pursuant
thereto contained in 24 CFR Part 1. No person in the United States shall, on the basis of
race, color, national origin, sex or religion or religious affiliation, be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with funds made available through this
Contract. Any prohibition against discrimination on the basis of age under the Age
Discrimination Act of 1975 (42 U.S.C. 6101 et. seq.) or with respect to an otherwise
qualified individual with a disability as provided in the Americans with Disabilities Act,
as applicable, (P.L. 101 336, 42 U.S.C. 12101-12213) or Section 504 of the
Rehabilitation Act of 1973 (P.L. 93-112, 29 U.S.C. Section 794) shall also apply to any
such program or Project.
7.6 Fair Housing- ECIA shall comply with Title VIII of the Civil Rights Act of 1968 (42
U.S.C. 3601 et seq.), generally known as the Fair Housing Act, and with HUD
regulations found at 24 CFR Part 107, issued in compliance with Federal Executive Order
11063, as amended by Federal Executive Order 12259. The City shall also comply with
Section 109, Title I of the Housing and Community Development Act of 1974, as
amended (42 U.S.C. 5309).
7.7 SECTION 3 COMPLIANCE. ECIA shall comply with provisions for training,
employment, and contracting in accordance with 24 CFR part 135, Section 3 of the
Housing and Urban Development Act of 1968 (12 U.S.C. 1701u). All section 3 covered
contracts shall include the following clause (referred to as the section 3 Clause):
A. The work to be performed under this contract is subject to the requirements of
section 3 of the Housing and Urban Development Act of 1968, as amended, 12
U.S.C. 1701u (Section 3 Clause). The purpose of Section 3 Clause is to ensure
that employment and other economic opportunities generated by HUD assistance
or HUD-assisted projects covered by Section 3 Clause, shall, to the greatest extent
feasible, be directed to low- and very low-income persons, particularly persons
who are recipients of HUD assistance for housing.
B. The parties to this contract agree to comply with HUD's regulations in 24 CFR
part 135, which implement Section 3 Clause. As evidenced by their execution of
this contract,the parties to this contract certify that they are under no contractual
or other impediment that would prevent them from complying with the part 135
regulations.
C. ECIA agrees to send to each labor organization or representative of workers
with which ECIA has a collective bargaining agreement or other understanding, if
any, a notice advising the labor organization or workers' representative of ECIA's
commitments under this Section 3 Clause, and will post copies of the notice in
conspicuous places at the work site where both employees and applicants for
training and employment positions can see the notice. The notice shall describe
the Section 3 Clause preference, shall set forth minimum number and job titles
subject to hire, availability of apprenticeship and training positions, the
qualifications for each; and the name and location of the person(s)taking
applications for each of the positions; and the anticipated date the work shall
begin.
D. ECIA agrees to include this Section 3 Clause in every subcontract subject to
compliance with regulations in 24 CFR part 135, and agrees to take appropriate
action, as provided in an applicable provision of the subcontract or in this Section
3 Clause, upon a finding that the subcontractor is in violation of the regulations in
24 CFR part 135. ECIA will not subcontract with any subcontractor where ECIA
has notice or knowledge that the subcontractor has been found in violation of the
regulations in 24 CFR part 135.
E. ECIA will certify that any vacant employment positions, including training
positions,that are filled (1) after ECIA is selected but before the contract is
executed, and (2) with persons other than those to whom the regulations of 24
CFR part 135 require employment opportunities to be directed, were not filled to
circumvent ECIA's obligations under 24 CFR part 135.
F. Noncompliance with HUD's regulations in 24 CFR part 135 may result in
sanctions, termination of this contract for default, and debarment or suspension
from future HUD assisted contracts.
G. With respect to work performed in connection with Section 3 Clause covered
Indian Housing Assistance, Section 7(b) of the Indian Self-Determination and
Education Assistance Act(25 U.S.C. 450e) also applies to the work to be
performed under this contract. Section 7(b)requires that to the greatest extent
feasible (i)preference and opportunities for training and employment shall be
given to Indians, and (ii) preference in the award of contracts and subcontracts
shall be given to Indian organizations and Indian-owned Economic Enterprises.
Parties to this contract that are subject to the provisions of Section 3 Clause and
Section 7(b) agree to comply with Section 3 Clause to the maximum extent
feasible, but not in derogation of compliance with section 7(b).
7.8 NONCOMPLIANCE WITH THE CIVIL RIGHTS LAWS. In the event of ECIA's
noncompliance with the nondiscrimination clauses of this Contract or with any of the
aforesaid rules, regulations, or requests,this Contract may be canceled, terminated, or
suspended either wholly or in part. In addition,the State of Iowa may take further action,
imposing other sanctions and invoking additional remedies as provided by the Iowa Civil
Rights Act of 1965 (Chapter 216, Code of Iowa) or as otherwise provided by law.
7.9 INCLUSION IN SUBCONTRACTS. ECIA will include the provisions of the
preceding paragraphs of Section 7 in every subcontract unless exempt by the State of
Iowa, and said provisions will be binding on each subcontractor. ECIA will take such
action with respect to any subcontract as the State of Iowa may direct as a means of
enforcing such provisions, including sanctions for noncompliance. In the event the City
becomes involved in or is threatened by litigation with a subcontractor or vendor as a
result of such direction by the State of Iowa,the City may request the State of Iowa to
enter into such litigation to protect the interests of the State of Iowa.
SECTION 8. Termination by City
8.1 The City may, by thirty(30) days written notice to ECIA,terminate this contract in
whole or in part at any time:
a) For the City's convenience,
b) For the failure of ECIA to fulfill its obligations under the contract, or
c) As the funding source for the contract ceases to exist.
Upon receipt of such notice, ECIA shall: (1)immediately discontinue all services affected
(unless the notice directs otherwise), and(2) deliver to the City all data, drawings,
specifications, as may have been accumulated by the ECIA in performing this contract,
whether completed or in process.
8.2 Notwithstanding the above, ECIA shall not be relieved of liability to the City for
damages sustained by the City by virtue of any breach of the contract by ECIA. The City
may withhold any and all payments to ECIA for the purpose of setoff until such time as the
exact amount of damages due the City from ECIA is determined.
8.3 If the termination is for convenience of the City, or because the funding source for the
contract ceases to exist, ECIA shall be entitled to compensation for work done through the
date of termination.
SECTION 9. Indemnification/Hold Harmless
ECIA agrees to indemnify and hold harmless City from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance
of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property including loss of use resulting
therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of ECIA,
ECIA's subcontractor or anyone whose acts ECIA or ECIA's subcontractor may be liable.
City agrees to indemnify and hold harmless ECIA from and against all claims, damages, losses and
expenses, including but not limited to attorneys' fees, arising out of or resulting from performance
of this Contract, provided that such claim, damages, loss or expense is attributable to bodily injury,
sickness, disease or death, or injury to or destruction of property including loss of use resulting
therefrom, but only to the extent caused in whole or in part by negligent acts or omissions of City,
City's subcontractor or anyone whose acts City or City's subcontractor may be liable.
SECTION 10. Termination by ECIA
ECIA may terminate this contract by thirty(30)days written notice to the City for either ECIA's
convenience or because of the City failure to comply with the laws, rules, or regulations of the U.S.
Department of Housing and Urban Development in carrying out the Community Development
Block Grant Program. The notice shall stipulate the laws, rules, or regulations that have been
violated, and date ECIA advised the City of said violation.
City will be required to pay ECIA for work done through the date of termination.
SECTION 11. Certification Regarding Government-Wide Restriction on Lobbying.
ECIA certifies, to the best of its knowledge and belief, that:
11.1 No Federal appropriated funds have been paid or will be paid, by or on behalf of the
City, to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a Member of Congress in connection with awarding any Federal contract, making any
Federal grant, making any Federal loan, entering into any cooperative agreement, and the
extension, continuation, renewal, amendment, or modification of any Federal contract,
grant, loan, or cooperative agreement.
11.2 If any funds other than Federal appropriated funds have been paid or will be paid to
any person for influencing or attempting to influence an officer or employee of any
agency, a Member of Congress, an officer or employee, or an employee of a Member of
Congress in connection with this Federal contract, grant, loan, or cooperative agreement,
the City shall complete and submit Standard Form-LLL, "Disclosure Form to Report
Federal Lobbying" in accordance with its instruction.
11.3 ECIA shall require that the language of this certification be included in the award
documents for all subawards at all tiers (including subcontracts, subgrants, and contracts
under grants, loans, and cooperative agreements) and that all subrecipients shall certify
and disclose accordingly.
11.4 This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352,title 31,
U.S. Code. Any person who fails to file the required certification shall be subject to a
civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
SECTION 12. Political Activity
No portion of program funds shall be used for any partisan political activity or to further the election
or defeat of any candidate for public office. Neither the program nor the funds provided therefore,
nor the personnel employed in the administration of this Contract or its Funding Agreements, shall
be in any way or to any extent, engaged in the conduct of political activities in contravention of The
Hatch Act(5 U.S.C. 15).
SECTION 13. Other Requirements
In connection with the carrying out of this agreement, ECIA agrees to comply with any and all rules
and regulations of the Iowa Economic Development Authority and the Department of Housing and
Urban Development concerning third party contracts.
In connection with the carrying out of this agreement, ECIA and City acknowledge that there may
be third part contracts which apply to said project. Should there be third party contracts which
apply to this contract for services ECIA shall be performing, City agrees to provide ECIA with
notice of said third party contracts and copies thereof, within five (5) days of this agreement, or
City's receipt thereof. Failure to do so shall void any requirement(s)by ECIA to comply with any
rules and regulations of third parties pertaining to this project.
SECTION 14. Lead Safe Housing Regulations
In connection with the carrying out of this agreement, ECIA agrees to comply with the U.S.
Department of Housing and Urban Development Lead Safe Housing Regulations—24 CFR Part 35,
et. al. "Requirement for Notification, Evaluation and Reduction of Lead-Based Paint Hazards in
Federally Owned Residential Property and Housing Receiving Federal Assistance: Final Rule."
SECTION 15. All Contracts in Excess of$100,000
In addition to the preceding provisions, contracts in excess of$100,000 shall require compliance
with the following laws and regulations:
Section 306 of the Clean Air Acts (42 U.S.C. 1857(h)).
Section 508 of the Clean Water Act(33 U.S.C. 1368).
Executive Order 11738.
EPA Regulations—40 CFR, Part 15.
Clean Air and Water Acts -required clauses:
This clause is required in all third party contracts involving projects subject to the Clean Air Act(42
U.S.C. 1857 et seq.),the Federal Water Pollution Control Act(33 U.S.C. 1251 et seq.), and the
regulations of the Environmental Protection Agency with respect to 40 CFR Part 15, as amended. It
should also be mentioned in the bid document.
During the performance of this contract,the CONTRACTOR agrees as follows:
(1) ECIA will certify that any facility to be utilized in the performance of any nonexempt contract or
subcontract is not listed on the Excluded Party Listing System pursuant to 40 CFR 32.
(2) ECIA agrees to comply with all the requirements of Section 114 of the Clean Air Act, as
amended, (42 U.S.C. 1857c-8) and Section 308 of the Federal Water Pollution Control Act, as
amended (33 U.S.C. 1318) relating to inspection, monitoring, entry, reports, and information, as
well as all other requirements specified in said Section 114 and Section 308, and all regulations
and guidelines issued thereunder.
(3) ECIA agrees that as a condition for the award of the contract, prompt notice will be given of any
notification received from the Director, Office of Federal Activities, Environmental Protection
Agency, indicating that a facility utilized or to be utilized for the contract is under consideration to
be listed on the Excluded Party Listing System.
(4) ECIA agrees that it will include or cause to be included the criteria and requirements in Paragraph
(1) through (4) of this section in every nonexempt subcontract and require every subcontractor to
take such action as the Government may direct as a means of enforcing such provisions.
Environmental Protection Agency, indicating that a facility utilized or to be utilized for the
contract is under consideration to be listed on the Excluded Party Listing System.
PASSED AND APPROVED:
City of Dubuque
Date: January 14, 2017
Roy. D. 13ual,r
Kevin J. Lynch, Mayor Pro -Tem
Attes Kevin S. Firnstahl, City Clerk
East Central Intergovernmental Association
Date: January 18, 2017
Chairperson or Executive Director
Attest:
Attachment A
SCOPE OF SERVICES
The East Central Intergovernmental Association (ECIA)shall assist in compliance with
requirements set forth by the Iowa Economic Development Authority(IEDA); maintenance of
required records and documents; and other required actions not specifically listed, but requested by
the local government, including, but not limited to the following activities:
I. General Activities
A. Grant Notification
1. Be responsible for knowing and complying with IEDA regulations in the
writing of the Program Schedule and any other submission to IEDA before
contract signing.
2. Assist in setting up a model for the Program Schedule assuring compliance
time and monetary limitations of grant contract.
3. Meet with City to review and assure understanding of terms and conditions
of the contract with IEDA.
B. Environmental Review
1. Complete and document Environmental Review Record.
2. Assist in publishing Notice of Finding of No Significant Effect.
3. Assist in publishing Notice of Intent to Request a Release of Funds.
4. Assist in submitting Certification of Environmental Review and Request for
Release of Funds.
C. Program Set-Up
1. Assist in selection of engineer for program by proposal method.
2. Meet with engineers to explain and coordinate scheduling of grant activities
requiring engineering.
3. Maintain and promote performance standards in minority participation,
services to low/moderate incomes, etc. that will help the City secure future
grants.
4. Assure environmental compliance for all phases of grant.
5. Set up filing system for grant records.
6. Provide Davis-Bacon compliance services.
A. Attend pre-bid meetings.
B. Obtain Wage Decisions.
C. Review project specification books for compliance.
D. Obtain contractor clearances
E. Attend pre-construction meetings
F. Review payroll reports for compliance
D. Possible Program Amendment
1. Identify problem with City.
2. Gather information
3. Write amendment-prepare for City approval
4. Conference with IEDA
5. Approval and implementation
E. Record Keeping
1. Assist in setting up books for grant funds.
2. Assist in setting up filing system for program information maintenance.
3. Regularly monitor records
4. Assist in executing contract budget amendments.
5. Review project draws for CDBG compliance
6. Submit project draws and reporting documents in iowagrants.
7. Monitor and report Section 3 for CDBG compliance
8. Assist in meeting with IEDA officials during site visits.
9. Prepare and present project summary for City's public hearing on status of
funded activities.
F. Program Close-Out
1. Assist auditor by providing available information for financial and
compliance audit.
2. Provide assistance to City in answering audit findings, if any.
3. Assist City in providing proof of expenditure of unaudited funds, if any.
4. Assist in preparation of closeout report.
The outline is generally specific, but some areas may have more detailed requirements implied, but
not listed. The City may request assistance from ECIA that is not specifically designated.