Transient Boat Dock Grant ContractTHE CITY OF J„
DUB UE MEMORANDUM
11~asterpiece nn the Mississippi
July 11, 2007
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant Contract for Main Channel Transient Boat Dock Facility
Planning Services Manager Laura Carstens is recommending approval of a Boating
Infrastructure Grant Contract for the Main Channel Transient Boat Dock Facility at the
Port of Dubuque.
The City of Dubuque has been awarded a $3,037,802 grant to construct 92 transient
boat slips and related marina facilities on the main channel of the Mississippi River near
the Alliant Energy Amphitheater and south of the historic railroad swing bridge.
The Boating Infrastructure Grant Program is a federal program through the U.S. Fish &
Wildlife Service that is administered by the Iowa Department of Natural Resources. The
program is for transient boat facilities for non-trailerable boats greater than 26 feet in
length. The program funds transient slips that are available for boaters as day docks,
with no overnight use, as well as boaters staying up to ten days.
The Iowa Department of Natural Resources has included installation of a fuel dock in
the contract as an allowable expense. Based on the experience of the Iowa
Department of Natural Resources and U.S. Fish & Wildlife Service staff with other
marinas of this scope, they recommended the City evaluate the inclusion of a fuel dock
during the design and engineering of the project. The decision on the actual inclusion of
the fuel dock will be made at a later time.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l~ ~
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Laura Carstens, Planning Services Manager
'£'f•t~ Cl't'Y C7'r
T.~v~~ ~
s~Iusli't~tt:Ci' mt i~l:c~ t1~iS~iSS;y,~t
MEMORANDUM
July 5, 2007
TO: Michael C. Van Milligen, City Manager ~~
FROM: Laura Carstens, Planning Services Manager ~~`'
SUBJECT: Grant Contract for Main Channel Transient Boat Dock Facility
Introduction
This memo transmits for City Council review and approval, a Boating Infrastructure
Grant Contract for the Main Channel Transient Boat Dock Facility at the Port of
Dubuque. The City of Dubuque has been awarded a $3,037,802 grant for this project.
This project involves construction of a 92 transient boat slips and related marina
facilities on the main channel of the Mississippi River near the Alliant Energy
Amphitheater and south of the historic railroad swing bridge. A resolution also is
enclosed.
Background
The Boating Infrastructure Grant (BIG) Program is a federal program through the U.S.
Fish & Wildlife Service that is administered by the Iowa Department of Natural
Resources (IDNR}. The BIG Program is for transient boat facilities for non-trailerable
boats greater than 26 feet in length. The BIG Program funds transient slips that are
available for boaters as day docks with no overnight use as well as boaters staying up
to ten (10} days.
Discussion
The grant contract is a 28E Agreement with IDNR. City Attorney Barry Lindahl has
reviewed the contract. According to the contract, grant funds shall be used:
• To construct 92 transient slips with dock & utility services and ice protection
system.
• For engineering services for the Project.
• For a fuel dock.
• To construction of a bath and laundry facility.
• For installation of navigational aides.
• Construction of a waste and pump-out facility.
• For one time dredging.
• For the cost of obtaining permits and environmental review requirements.
Grant Contract for Main Channel Transient Boat Dock Facility
Page 2
The IDNR has included installation of a fuel dock in the contract as an allowable
expense. Based on the experience IDNR and U.S. Fish & Wildlife staff with other
marinas of this scope, they recommended that the City evaluate the inclusion of a fuel
dock during the design and engineering of the project.
Budget Impact
The Main Channel Transient Boat Dock Facility is in the FY08 Capital Improvement
Program (CIP no. 102-1861 and 350-1861). Local match is Sales Tax Fund and DRA
Distribution. The budget for this project is shown in Appendix A of the contract and is
summarized below:
Expenses
Construction $ 3,438,960
Associated Costs + 687.792
TOTAL $ 4,126, 572
Proiect Financing
Tier 2 Boating Infrastructure Grant $ 3,037,802
Local match -- City of Dubuque + 1.088.950
TOTAL $ 4,126,752
Recommendation
Staff recommends that the City Council approve the enclosed resolution authorizing the
Mayor to sign the enclosed grant contract for the Tier 2 Boating Infrastructure Grant for
the Main Channel Transient Boat Dodc Facility.
Enclosures
cc Jenny Larson, Budget Director
Bob Schiest, Assistant City Engineer
Steve Sampson-Brown, Project Manager
Prepared by: Laura Carstens. City Planner Address: City Hall. 50 W. 13th St. Dubuque. IA 52001 Telephone: 589-4210
Retum to: Jeanne Schneider. City Clerk Address: Cfi+ Hall. 50 W. 13th St. Dubuque. IA 52001 Telephone: 589-4121
RESOLUTION N0.383 -07
RESOLUTION AUTHORIZING A CONTRACT AGREEMENT FOR A BOATING
INFRASTRUCTURE GRANT FOR THE MAIN CHANNEL TRANSIENT BOAT FACILITY
Whereas, the U. S. Fish and Wildlife Service provides a federal pass-through grant
program to the Iowa Department of Natural Resources for Tier 2 Boating Infrastructure Grants for
transient boat docks; and
Whereas, the City of Dubuque has been awarded a Tier 2 Boating Infrastructure Grant for
the construction of the Main Channel Transient Boat Facility at the Port of Dubuque; and
Whereas, the construction of transient boat docks at the Port of Dubuque is included as a
component of the Vision Iowa grant for the America's River project and is consistent with the Port
of Dubuque Master Plan.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the contract agreement with the
Iowa Department of Natural Resources for a Tier 2 Boating infrastructure Grant to fund the Main
Channel Transient Boat Facility on behalf of the City of Dubuque.
Section 2. That the City Council authorizes the City Manager to utilize budgeted Capital
Improvement Program funds to provide the match required by this program.
16th
Passed, approved and adopted this day of July
Attest:
Jeanne F. Schneider
City Clerk
2007.
;,~ '~ {l
.i
/ Roy D. Buol
Mayor
F:/USERS/LCARSTEN/WP/COUNCIUMain Channel Boat Docks/Tier 2 boat grant contract res.doc
CERTIFICATE OF CITY CLERK
STATE OF IOWA )
COUNTY OF DUBUQUE )
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 398-07 is a correct
copy of the original Resolution No. 398-07 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 16th day of July,
2007.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 17th day of July, 2007.
Jeanne F. Schneider, CMC
City Clerk
(SEAL)
30' SUPS ~ 40
40` SUPS ~ 32
BRD~~DE +~ 2D
71DTAl ~ 92 SUPS
30 80 120
~ ABONMARCHE CONSULTANTS. INC. ,ioB No. mso39,eook9
-.95 WEST MAIN STREET • BENTON HARBOR, MI 49023 • T (269) 927-2295 • F (269) 927-10,7
•~ Meniatee_ MI • Cmi1h RnnA IN • Fnrf Wn~n• IN SHT. 1 OF 1
CONTRACT AGREEMENT
between the
Iowa Department of Natural Resources
and
City of Dubuque, Iowa.
Contract No.: FY-08-BIG DT2 Amount: $3,037,802
Contractor: City of Dubuque
Contractor Officer: Michael C. Van Milli~en
Contractor Title: Cit Mana er
Department Project Officer: Martin Konrad Distribution: Copy 1: DNR
Copy 2: Contractor
Time of Performance: From September 30, 2007 to September 30, 2027
Submit Claim Vouchers to: Mike Heldenbrand
Iowa Department of Natural Resources
Budgets and Grants Bureau
Wallace State Office Building
Des Moines, Iowa 50319-0034
515/281-5631
Issue Payment to: City of Dubuque
Attention: Laura Carstens
The Contractor agrees to perform all services set forth in the attached Special Conditions, for the
consideration stated herein. The rights and obligation of the parties to this Contract shall be
subject to and governed by the Attachments, the Special Conditions, and the General Conditions.
To the extent of any inconsistency between the Attachments, Special and General Conditions,
and any specifications or other conditions, which are, made a part of this Contract by reference or
otherwise, the Special and the General Conditions shall control. To the extent of any
inconsistency between the Special and the General Conditions, the Special Conditions shall
control.
This agreement contract is made pursuant to authority of the Iowa Code section 28E.4 (2007) and
conforms with the requirements of Iowa Code chapter 28E (2007).
IN WITNESS WHEREOF, the parties hereto have executed this Contract.
IOWA DEPARTMENT OF NATURAL
RESOURCES
CITY OF DUBUQUE, IOWA.
By:
Name: Liz Christiansen
Title: Deputy Director
By:
Name: Rov D. Buol
Title: Manor
Date: Date:
SPECIAL CONDITIONS
ARTICLE I. IDENTIFICATION OF PARTIES AND PROJECT
1.1 This Contract is to implement the provisions of the federal Boating Infrastructure Grant
program administered in Iowa by the Iowa Department of Natural Resources. It is
entered into by and between the City of Dubuque, Iowa, hereinafter referred to as the
Contractor, and the Iowa Department of Natural Resources, an agency of the State of
Iowa, hereinafter referred to as the Department. Pursuant to the terms of this Contract,
the Contractor shall receive one federal Boating Infrastructure Grant (BIG) for
developing transient boat facilities at the Dubuque Marina -Mississippi River,
hereinafter referred to as the Project.
ARTICLE II. DESIGNATION OF OFFICIALS
By this Contract, the parties do not intend to create a separate legal or administrative entity. The
following persons shall be responsible to administer their respective roles and responsibilities
pursuant to this Contract:
2.1 Department. The Deputy Director of the Department is the official authorized to execute
any changes in the terms or conditions specified in this Contract. Martin Konrad, the
Executive Officer for the Fisheries Bureau, is designated to negotiate on behalf of the
Department, subject to the approval of the Deputy Director, any changes to the Contract.
2.2 Contractor. The Contractor Officer authorized to execute any changes in the terms,
conditions, or amounts specified in this Contract is as indicated on the title page of this
Contract.
2.3 Key Personnel for the Contractor. Laura Carstens, Planning Services Mana eg r
ARTICLE III. TIME OF PERFORMANCE
3.1 The Contractor shall commence construction activities on the Project on the beginning
date, as set forth on the title page of this contract under "Time of Performance."
3.2 The Contractor shall maintain the Project for transient boat use only and through the
ending date, as set forth on the title page of this Contract under "Time of Performance,"
unless changed by mutual written agreement.
ARTICLE IV. STATEMENT OF PURPOSE
4.1 The Contractor shall receive one federal Boating Infrastructure Grant (BIG) in an
amount not to exceed $3,037,802. Grant funds shall be used for the designated
activities, in accordance with federal laws and regulations and as stated in Article V, on
land known as City of Dubuque Marina, hereinafter referred to as the Marina.
4.2 This Contract is a result of 100% of federal funds passing through the Department from
the United States Department of Interior to the Contractor. As such, the Department
does not have an interest in the real or personal property acquired through this Contract
but will enforce the terms of this Contract in support of the federal interests and
requirements of the federal grant, the terms to which the Department must comply, for
the useful life of the property installed pursuant thereto, which is designed to be 20
years.
ARTICLE V. SCOPE OF WORK
5.1 Grant funds shall be used by the Contractor:
5.1.1 To construct 92 transient slips with dock & utility services and ice protection system.
5.1.2 For engineering services for the Project.
5.1.3 For a fuel dock.
5.1.4 To construction of a bath and laundry facility.
5.1.5 For installation of navigational aides.
5.1.6 Construction of a waste and pump-out facility.
5.1.7 For one time dredging.
5.1.8 For the cost of obtaining permits and environmental review requirements.
ARTICLE VI. CONTRACTOR REQUIREMENTS
6.1 The Contractor shall:
6.1.1 Comply with all applicable Federal laws, regulations, and policies in performing
pursuant to this Contract.
6.1.2 Design the Project for longevity of at least 20 years.
6.1.3 Complete the construction phase of the Project on or before December 31, 2008
subject to availability and receipt of all construction material in a timely manner to
complete construction on or before December 31, 2008.
6.1.4 Operate and maintain the facilities constructed and installed in Article V through
December 31, 2027 for the intended purposes of the BIG program. The Contractor
shall return the monetary value of remaining federal interest based on a 20 year
amortization schedule in these facilities to the Department in the event the Contractor
convert facilities to other uses other than the intended purposes of the BIG Program.
The Contractor shall obtain prior written approval from the Department before these
facilities may be converted to other uses or transferred to another party, who shall be
bound to the same terms and conditions of this Contract and additional provisions, as
the Department may deem necessary. The Contractor shall, upon such approval by
the Department, transfer the remaining federal interest to any subsequent owner
through December 31, 2027 or return the monetary value of the remaining interest in
these facilities to the Department.
6.1.5 Surrender funds not obligated to or expended on the Project after December 31, 2008
subject to conditions outlined in 6.1.3.
6.1.6 Produce and prominently post signs, in the Project area, giving credit to the Federal
Aid in Sport Fish Restoration (SFR) program through the use of the SFR logo.
6.1.7 Give proper recognition to the Boating Infrastructure Grant program, the Sport Fish
Restoration Act, the U.S. Fish and Wildlife Service and the Department in all
brochures, advertisements or other publications pertaining to the Project.
6.1.8 Track, account and return any program income generated to the Department, until
such time the controlling federal BIG has expired.
6.1.9 Keep the Project area open to transient boaters without discrimination toward any
transient boater, during all normal operating hours of Contractor's other primary boat
service facilities, such as the service building and fuel dock.
6.1.10 Obtain all local, state and federal permits and permissions necessary to install and
operate the Project.
6.1.11 Defend, indemnify and hold harmless, for the length of the Contract, from claim or
suit the Department, the State of Iowa and its employees and agents from any claim or
suit brought by any third party in connection with the Project and its long-term
management thereof under this Contract, and shall maintain a liability insurance
policy or its membership in the Iowa Communities Assurance Pool for the Project
and its long-term management with the Department identified as a beneficiary of such
policy or an additional insured under its contract with the Iowa Communities
Assurance Pool.
ARTICLE VII. REPORTS
7.1 The Contractor shall submit to the Department quarterly reports not later than twenty
(20) days after March 31, June 30, September 30 and December 31. The reports shall
cover what has been accomplished in Article V. Four (4) copies of the reports shall be
submitted and should include any media coverage of the Project.
7.2 The Contractor shall submit three (3) copies of a final construction report describing all
activities performed and the results obtained with supporting data. This report shall
contain a certificate of completion and shall detail and document the description of all
costs and expenses and state that all State and Federal requirements have been met,
including compliance with applicable Office of Management and Budget Circulars. The
final report shall be submitted no later than sixty (60) days following Project completion,
on or before December 31, 2008 subject to conditions outlined in 6.1.3.
7.3 The Contractor shall submit an annual letter, during the life of this agreement, stating
that Project is in compliance with the Boat Infrastructure Grant program. The letter shall
be submitted no later than sixty (60) days following December 31 of each year.
ARTICLE VIII. ACCESS TO FACILITY
8.1 The Contractor shall allow the Department or the U.S. Fish and Wildlife Service (FWS)
to enter the Project area at any time during the life of the Project to make an inspection of
facilities provided through the provisions of the Contract. The Contractor shall correct
Project deficiencies, found during inspection, no later than sixty (60) days following
written notice by the Department.
ARTICLE IX. FUNDING
9.1 The Department shall pay the Contractor 74% of actual BIG costs or $3,037,802
whichever is smaller, for the specified activities, as shown in the Budget Summary,
attached as Appendix A and incorporated by reference herein (Budget). Documentation
of the matching funds is required before the Department shall make reimbursement
payments. The definition and requirements of matching funds shall comply with the rules
and policies identified in Section 10 of the General Conditions of this Contract.
9.2 Funding for this Contract is subject to the FWS continued financial support. If the FWS
discontinues funding, this Contract may be terminated or amended by the Department.
Should the FWS disallow a budget item or portion thereof, the Contractor will be required
to pay the costs of the contested items(s). The DNR shall have the right to terminate this
Contract pursuant to this provision without penalty by giving not less than 30 days written
notice documenting the discontinuance of funding. However, in the event that an
appropriation to cover the cost of this Contract becomes available within sixty (60) days
subsequent to termination under this section, the Department agrees to re-enter the
Contract with the terminated vendor under the same provisions, terms and conditions as
the original Contract.
ARTICLE X. PAYMENT.
10.1 The Contractor shall submit one (1) signed original and three (3) pressure sensitive
copies of the State of Iowa Claim Voucher to the Department for completed portions of
the Project. The Final Report specified in Article 7.2 of these Special Conditions shall
coincide with the submitted invoice. A final invoice is due within sixty (60) days
following Project completion, on or before December 31, 2008.
10.2 The Department shall make payment to the Contractor within forty-five (45) days of
receipt of a completed and approved state claim voucher.
10.3 No preliminary costs can be incurred before the beginning date as set forth in the Time
of Performance on the Title page. No construction contracts may be entered into prior to
U S Fish and Wildlife Service approval of the grant or after Project completion on or
before September 30, 2008.
10.4 The Department shall retain five percent (5%) of the amount requested in each claim.
The Contractor may request payment on the reimbursable items up to ninety five percent
(95%) of the total contract amount prior to completion of the project. Payment of the
final five percent (5%) shall be made upon completion and approval of the final report
and all work required in Article V, Scope of Work and submittal of a completed claim
voucher with accompanying invoice and contract expense sheet for the final five percent
(5%) of the contract total.
10.5 The Department shall allow up to a five percent (5%) increase in any budget line item
without prior written approval provided that the total grant amount is not exceeded and
the Department is notified. Any other budget changes require the prior written approval
of the Department.
10.6 The Department shall issue payments to the Contractor based on the actual of work
completed or for specific work items finished. The Contractor shall submit an invoice to
the Department requesting payment based on actual work completed or for specific work
items finished. The invoice shall include actual work completed or list the specific work
items finished. The invoice shall be accompanied with support documentation sufficient
to support the actual work completed or the specific work items finished. Should a
reasonable doubt arise as to the integrity of the work completed or to the specific work
items claimed on an invoice, the Department shall not issue payment for such an invoice
until the integrity of the invoice has been re-established. The Department shall issue
payments up to an amount equal to ninety five percent (95%) of the contract total. The
final five percent (5%) payment shall be conducted as outlined in paragraph 10.4.
GENERAL CONDITIONS
Section 1.0 Contract Negotiation
The Contractor hereby agrees, upon commencement of Contract negotiations, or after signature
of the Contract Document by both the Contractor and the Department, to attend a Contract
Consultation meeting at the Department's office, if so requested by the Department. If the
Contractor fails to attend the Contract Consultation meeting the Department shall be free to
terminate the Contract negotiations or the signed Contract Document, whichever applies, by the
described method in section 12.1 of this document.
Section 2.0 Entire Agreement
This Contract with all attachments and references constitutes the entire Agreement between the
Department and the Contractor with respect to the subject matter hereof, and the Contractor
acknowledges that it is entering into the Contract solely on the basis of the terms and conditions
herein contained and not in reliance upon any representative statement, inducement or promise,
whether oral or written, not contained herein.
Section 3.0 Amendment
The Department or the Contractor may initiate an amendment to this Contract. Any amendment
is effective only if in writing and agreed to by the Department and the Contractor. The
amendment shall be effective as of the date it is agreed upon, unless otherwise specified in the
amendment.
Section 4.0 Availability of Data
All information and data obtained by the Contractor in connection with the Contract shall be
made available to the Department. Such information and data shall become the property of the
Department except that which is necessary for the patent or copyright purposes of the Contractor.
Section 5.0 Assumption of Risk and Liabilities
All subcontractors employed by the Contractor shall each effect and maintain insurance to protect
the Contractor from claims under worker's compensation acts; claims for damages because of
bodily injury including personal injury, sickness or disease, or death of any of their employees or
any person other than their employees; from claims for damages because of injury to or
destruction of tangible property including loss of use resulting therefrom; and from claims arising
out of the performance of professional services caused by any errors, omissions, or negligent acts
for which the Contractor is legally liable.
The Contractor agrees to defend, hold harmless and indemnify the Department and State of Iowa
against any liability arising out of the negligent acts, errors or omissions on the Contractor, his or
her employees or agents.
Section 6.0 Transfer of Work
6.1 The Contractor shall not transfer or assign any part or portion of the work on the Contract
without the prior written consent of the Department.
6.2 The Contractor shall not make any award or permit any award (subgrant, contract, or
subcontract) at any tier to any party which is debarred or suspended or is otherwise excluded
from or ineligible for participation in Federal assistance programs under Executive Order 12549,
"Debarment and Suspension" as specified in Department of Interior Rule 43, Code of Federal
Regulations 12.
Section 7.0 Review of Work
The Department shall have the right to review and observe, at any time, completed work or work
in progress on the Contract.
Section 8.0 Publications
8.1 All of the Contractor's reports and publications pertaining to work performed under this
Contract shall contain the following statements on the credit sheet:
"This contract was prepared with the support of the U.S. Department of Interior (DOI), Fish and
Wildlife Service for the Boating Infrastructure Grant Program. However, any opinions, findings,
conclusions or recommendations expressed herein are those of the author(s) and do not
necessarily reflect the views of DOI."
8.2 The Department reserves the right to publish the report once completed by the Contractor and
delivered to the Department. Written and oral releases are considered to be within the context of
publication rights so reserved by the Department. The Contractor shall not publish interim
reports without prior written consent of the Department.
8.3 Nothing in this section shall be construed to limit the rights of the Contractor to publish the
data or information in scholarly or professional journals as long as any copyright to be obtained
is not prejudiced thereby. There shall be no pre-release of data or findings connected with this
Contract in scholarly or professional journals or through public presentations or news media until
the contract is completed, unless prior written approval for such release has been given by the
Department. Contract completion is defined herein as termination of this Contract.
8.4 All reports, interim and final, published by either the Contractor or the Department, will give
credit to the other party's participation in the Contract.
8.5 Neither the Department nor the Contractor shall use the name of the other for advertising,
promotional, or publicity purposes without the prior written consent of the other.
Section 9.0 Accounts and Records
9.1 The Contractor agrees to maintain books, documents, and other records pertaining to all costs
and expenses incurred and revenues acquired during this Contract to the extent and in such detail
as will properly reflect all costs, direct and indirect, of labor, materials, equipment, supplies and
services, and other costs and expenses of whatever nature for which reimbursement is claimed.
The Contractor shall be prepared to support charges for salaries and wages by time, attendance
and payroll records.
9.2 The Iowa Department of Natural Resources, State Auditor, U.S. Department of Interior, and
Comptroller General of the United States, or any of their duly appointed representatives, shall
have access for the purpose of audit and examination to any books, documents, papers and
records of the Contractor which are pertinent at all reasonable times during the period of
retention provided for in paragraphs 9.3, 9.4, and 9.5 below and shall have the right to make
copies of excerpts or make other transcriptions thereof, subject to the provisions of 561 Iowa
Administrative Code Section 2.3 and Iowa Code Chapter 22 (2005).
9.3 The Contractor shall retain all records pertaining to this Contract in their possession for a
period of three (3) years beginning with the date upon which the final payment under this
Contract is issued. Records for non-expendable property acquired under this Contract shall be
retained for a three (3) year period after the final disposition of the property.
9.4 Records relating to any litigation or claim arising out of the performance of this Contract, or
costs or expenses of this Contract to which exception has been taken as a result of inspection or
audit, shall be retained by the Contractor until such litigation, claim, or exception has been
finally settled or until the three (3) year period has expired, whichever occurs later.
9.5 The Contractor, in maintaining Contract expenditure accounts and records and reports, shall
make any necessary adjustments to reflect refunds, credits, underpayments or overpayments, as
well as any adjustments resulting from any administrative reviews and audits by the United
States or by the State of Iowa or by the Contractor. Such adjustments shall be set forth in the
financial reports filed with the Department.
Section 10.0 Allowable Costs
10.1 Allowable costs are specified under the Approved Budget of this Contract. Allowable costs
are subject to audit under the principles defined in Office of Management and Budget (OMB)
Circulars A-87, A-110, A-122 and Department of Interior Financial Assistance Rule 43, Code of
Federal Regulations (CFR) Part 12.
10.2 Indirect costs shall be allowable at a predetermined rate specified in the Budget of this
Contract. Indirect costs rates, if applicable, shall be determined according to the principles
defined in Office of Management and Budget (OMB) Circulars A-87, A-110, A-122 and
Department of Interior Financial Assistance Rule 43 Code of Federal Regulations (CFR) Part 12.
Section 11.0 Unallowable Costs
The following costs are unallowable under this Contract:
a. Legal expenses for the prosecution of claims against the Department, the State of Iowa, the
Federal Government, or any subdivision thereof;
b. The difference in costs between first class air accommodations and less than first class air
accommodations, unless less than first class air accommodations are not available;
c. Costs incurred prior to the effective date of the Contract;
d. Costs of preparing proposals for potential contracts;
e. Bad debts (any losses arising from accounts not collected and other claims and related costs);
£ Contingencies (contributions to a contingency reserve or any similar provision for unforeseen
events);
g. Contributions or donations;
h. Entertainment (costs of amusements, social activities, and incidental costs relating thereto,
such as meals, beverages, lodgings, rentals, transportation, and gratuities);
i. Fines and penalties (costs relating from violations of, or failure to comply with federal, state
and local laws and regulations);
j. Other financial costs (interest on borrowings -- however represented, bond discounts, costs of
financing and refinancing operations, and legal and professional fees paid in connection
therewith).
Section 12.0 Termination of Contract
12.1 Termination for cause -The Department may terminate this Contract in whole or in part, at
any time before the expiration date after providing Contractor sixty (60) days to cure (Cure
Period) any deficiencies or failures to comply with any material conditions of the Contract (Event
of Default), whenever the Department has determined that the Contractor has caused an Event of
Default. The Department shall promptly notify the Contractor in writing of any Event of Default
together with the effective date, from which time, the Cure Period shall begin and Contractor
shall cure any Event of Default. If Contractor failures to cure any Event of Default within the
Cure Period, the Department shall promptly notify the Contractor in writing of the determination
and reasons for the termination, together with the effective date. Payments made to the
Contractor or recoveries by the Department under Contracts terminated for cause shall be in
accord with the legal rights and liabilities of the parties.
12.2 Termination for convenience -The Department or Contractor may terminate the Contract in
whole or in part when both parties agree that the continuation of the Contract would not produce
beneficial results commensurate with the future expenditure of funds. The two parties shall agree
upon the termination conditions, including the effective date and, in the case of partial
termination, the portion to be terminated. The Contractor shall not incur new obligations for the
terminated portion after the effective date and shall cancel as many outstanding obligations as
possible. The Contractor shall prepare and deliver to the Department copies of a final report
summarizing the work performed and the results obtained to date, together with such information
and items which, if the Contract had been completed, would have been required to be furnished
to the Department.
Section 13.0 Patents
Title to any and all patentable discoveries and patents therefrom originating as a result of any
sponsored set forth in this Agreement shall be vested in the Contractor. The Contractor shall
evaluate each such discovery, and if in its judgment the attendant circumstances warrant filing a
patent application, it shall do so at its own expense. In cases where the Contractor decides
against filing a patent application, the Department shall be notified promptly of the decision
together with an offer to pass title to the invention to the State of Iowa. The State of Iowa and
any department or divisions thereof, and all political subdivisions within the state shall be
entitled to an irrevocable, non-exclusive, royalty-fee license for governmental purposes under
any patent held by the Contractor which originates under this Agreement.
Section 14.0 Copyrights and Use of Data
14.1 The term "subject data" as used herein includes research data and reports, writings, sound
recordings, pictorial reproductions, drawings or other graphical representations, and works of any
similar nature which are specified to be delivered under this Contract. The term does not include
financial reports, cost analyses, and similar information incidental to Contract administration.
14.2 The Contractor shall be considered the author of all original subject data.
14.3 Subject to the provisions of Section 14.4 below, the state may duplicate, use and disclose in
any manner for any authorized state activity, and may allow others to do so, all subject matter
deliverable under this Contract.
14.4 In the event the Contractor secures a copyright, the Contractor agrees to and does hereby
grant to the state, its officers, agents and employees acting within the scope of their official
duties, aroyalty-fee, non-exclusive, and irrevocable license to publish, translate, reproduce,
deliver, perform, dispose of, and to authorize others to do so for use by the state, its division,
instrumentality's and local subdivisions, all subject data now or hereafter covered by copyright.
If such subject data is not originated in the performance of this Contract, such license shall be
only to the extent that the Contractor, its employees or any individual or concern employed or
assigned by the Contractor to originate and prepare such data under this Contract, now has, or
prior to completion of final settlement of this Contract may acquire, the right to grant such
license without becoming liable to pay compensation to others solely because of such grant.
14.5 The Contractor shall exert all reasonable efforts to advise the Department at the time of
delivery of the subject data furnished under this Contract of all invasions of the right of privacy
contained therein and of all portions of such data copies from work not composed or produced in
the performance of this Contract and not licensed under this Section.
14.6 The Contractor shall report to the Department promptly and in reasonable written detail,
each notice or claim of copyright infringement received by the Contractor with respect to all
subject data delivered under this Contract. On receipt of this information, the parties hereto
agree to confer to determine future uses to be made of the subject data.
14.7 The Contractor or any or all of its employees or agents may duplicate, use and disclose all
subject data delivered under this Contract, provided that the Contractor or such employees or
agents acknowledge the contribution of the Department and the Contract number of this Contract
and any copyright secured for such subject data. There shall be no pre-release or publication of
data or findings connected with this Contract in scholarly or professional journals or through
public presentation or news release or otherwise until the performance of this Contract is
completed unless prior written authorization has been obtained from the Department.
Section 15.0 Notice and Assistance Regarding Patent and Copyright Infringement
15.1 The Contractor agrees to report to the Department promptly and in reasonable written detail,
each notice or claim of patent or copyright infringement based on the performance of this
Contract of which the Contractor has knowledge.
15.2 In the event of any claim or suit against the Department, the State of Iowa, their employees,
agents, or representatives, or the United States, on account of an alleged patent or copyright
infringement arising out of the work or services performed hereunder, the Contractor agrees to
furnish the Department, upon request, all evidence and information in the possession of the
Contractor pertaining to such suit or claim. Such evidence and information shall be furnished at
the expense of the Department except where the Contractor has agreed to indemnify the
Department.
Section 16.0 Equipment and Property
16.1 Definition - For grants and cooperative agreements to other than state and local
governments, the term "equipment" means non-expendable tangible personal property to be used
in the performance of the Contract, having an acquisition cost of five-hundred ($500) dollars or
more, and a useful life expectancy of greater than two (2) years. A Contractor may use its own
definition of equipment provided that such definition would at least include all articles of
equipment as defined in this paragraph.
16.2 All property procurements with a unit value of five-hundred ($500) dollars or more must be
approved in advance by the Department. All property procurement by the Contractor shall be
according to standards stated in Department of Interior Financial Assistance Rule, 43 CFR Part
12. The title of all property purchased with a unit value of five-hundred ($500) dollars or more
remains vested with the Department.
16.3 Upon request, the Contractor shall provide the Department with invoice(s) of property
purchased. Such purchased property must correspond with approved Contract items.
16.4 The Contractor will keep an inventory of the property in their jurisdiction. Inventories must
include the following property characteristics: a) the serial number if applicable; b) the Contract
Number (if acquisition occurred as part of the Contract); c) its description; d) the date of
acquisition; e) invoice number, if purchased; f) the original purchase price; and g) the physical
location of the property.
16.5 The Contractor shall maintain a control system to insure adequate safeguards to prevent
loss, damage or theft to the property. Any loss, damage, or theft of property shall be investigated,
fully documented and reported to the department within sixty (60) calendar days of the
occurrence.
16.6 The Contractor shall implement maintenance procedures to keep all property in good
condition.
16.7 Upon termination of this Contract or upon Department need of the property, all property
shall be released to the Department. Appropriate disposition instruction will be issued to the
Contractor after the Department's review.
16.8 Demonstration projects that include construction shall comply with the following federal
requirements:
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 Subpart 60). (All
construction contracts awarded in excess of $10,000 by grantees and their contractors or
subgrantees). Copeland "Anti Kickback" Act (18 USC 874) as supplemented in
Department of Labor regulations (29 CFR Subpart 3). (All contracts and subgrants for
construction or repair.) Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 USC 327-330) as supplemented by the Department of Labor
Regulations (29 CFR Subpart 5). (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 labors.)
Section 17.0 Assignment of Interest
Neither the Contract nor any interest therein nor claim thereunder shall be assigned or transferred
by the Contractor to any other party or parties. Attempted assignment may be considered, at the
option of the Department, to be a substantial breach and cause for termination within the
meanings of Section 12.1 of the General Conditions.
Section 18.0 Personnel
18.1 Selection -The Contractor represents that it has, or will secure, all personnel required in
performing the work and services under this Contract. Such personnel shall not be employees of
or have any contractual relationship with the Department.
18.2 Qualification -All of the work and services required hereunder shall be performed by the
contractor or under its supervision and all personnel engaged in the work shall be fully qualified
and shall be authorized under state and local law to perform such services.
18.3 Change of Key Personnel -Any individual specified by name under the article Key
Personnel within the Special Conditions herein is considered essential to the work and services to
be performed. If for any reason substitution for a specified individual becomes necessary, the
Contractor shall provide immediate written notification of such to the Department. The
Contractor shall provide the name and resume of qualifications for the replacement individual.
Any replacement shall be subject to the approval of the Department.
Section 19.0 Effect of Invalidity
If any of the provisions herein shall be in conflict with the laws of the State of Iowa, or shall be
declared to be invalid by any court or record in this state, such invalidity shall be construed to
affect only such portions as are declared invalid or in conflict with the law and such remaining
portions of the Contract shall remain in effect and shall be construed as if such invalid or
conflicting portions were not contained herein.
Section 20. 0 Litigation
20.1 The Contractor agrees to pay the cost of any litigation arising from failure of the Contractor
to comply with the conditions or terms of this Contract or resulting from the negligence or
incompetence of the Contractor. In carrying out the provisions of the Contract or in exercising
any power or authority otherwise, it is understood that in such matters the Department acts for
the State.
20.2 The venue for any cause of action based upon this Contract be either party to this Contract,
shall be in state court in Polk County, Iowa, and the law of the State of Iowa shall apply.
Section 21.0 Assurance
21.1 The Contractor hereby assures and certifies to comply with the regulations, policies,
guidelines, and requirements of office for Management and Budget (OMB) Circulars No. A-87,
and A-110, and DOI Financial Assistance Rules, 43 CFR Part 12 and 50 CFR Part 80, as they
relate to the use of federal funds for this project.
21.2 The Contractor shall not discriminate against any employee or applicant for employment
because of race, creed, color, religion, national origin, sex, age, political belief, or disability, in
its employment practices. Such employment practices may include, but are not limited to,
recruitment, recruitment advertising, hiring, layoff or termination, promotion, demotion, transfer,
rates of pay, training and participation in upward mobility programs, or other forms of
compensation and use of facilities.
21.3 The Contractor and any subcontractors shall maintain no information about any individual
in a manner which would violate the provisions of the Privacy Act of 1974, P.L. 93-579, as
amended. Advance notice shall be given to the Department of Natural Resources and the
Department of Interior in the event it is anticipated that information will be retained in a system
of records as defined by the Privacy Act, SUSC552a (a) (5). Notice must be sufficient to enable
the publication of a system description in the Federal Register in accordance with SUSC522a (e)
(11) and the submission of a Report on New Systems in accordance with SUSC522 (o).
21.4 The Contractor shall send to each labor union or representative or workers with which it has
a collective bargaining agreement or other contract or understanding a notice advising the labor
union or representative of the Contractor's commitments under this nondiscrimination clause and
shall post copies of the notice in conspicuous places available to employees and applicants for
employment.
21.5 The Contractor shall comply with all relevant provisions of the Iowa Civil Rights Act and
Iowa Code 19B.7, Iowa Executive Order # 15 of 1973, Title VI of the Civil Rights Act of 1964
(P.L. 88-352), Title IX of the Educational Amendments of 1972, as amended (P.L. 92-318, P.L.
93-568, and P.L. 94-482), Section 504 of the Rehabilitation Act of 1973 (P.L. 93-112), the Age
Discrimination Act of 1975 (P.L. 94-135), Title VIII of the Civil Rights Act of 1968 (P.L. 90-
284), the National Environmental Policy Act of 1969, the Endangered Species Act of 1973, the
National Historic Preservation Act of 1966, the Federal Aid in Sport Fish Restoration Act of
1950 (Boating Infrastructure Grant Program), and the Americans with Disabilities Act of 1990
(P.L.101-336). The Contractor shall furnish all information and reports requested by the
department and will permit access to its payroll and employment records by the Department or
the Department's grantor agency for purposes of investigation to ascertain compliance with this
nondiscrimination clause. The Contractor may be required to make available upon request its
Affirmative Action Program containing goals and time deadline. Any breach of the above
provisions shall be regarded as a material breach of Contract and justification for termination for
cause.
21.6 In the event of the Contractor's noncompliance with the nondiscrimination clauses of this
Contract, this Contract may be canceled, terminated or suspended in whole or in part and the
Contractor may be declared ineligible for further action, and such sanctions may be imposed and
remedies invoked, as provided by the Iowa Civil Rights Act, Chapter 216, Code of Iowa 1993, as
heretofore and hereinafter amended, or as otherwise provided by law.
21.7 The Contractor shall include the provisions of subsections 21.1 through 21.6 hereof, in
every subcontract unless specifically exempted by approval of the Department, so that such
provisions will be binding on each subcontractor and vendor. The Contractor shall take such
action with request to any subcontractor as the state may direct as a means of enforcing such
provisions including sanction for non-compliance; provided, however, that in the event the
Contractor becomes involved in, or is threatened with, litigation with the subcontractor or vendor
as a result of such direction by the state, the Contractor may request the State of Iowa to enter
into such litigation to protect the interest of the State of Iowa and Contractor.
Section 22.0 Contingent Fees
The Contractor warrants that it has not employed or retained any company or person, other than a
bona fide employee working solely for the Contractor, to solicit or secure this Contract, and that
it has not paid or agreed to pay any company or person, other than a bona fide employee working
solely for the Contractor, and fee, gift, or any other consideration, contingent upon or resulting
from the award or making of this Contract. For breach or violation of this warranty, the
Department shall have the right to annul this Contract without liability or, in its discretion, to
deduct from the Contract price or consideration, or otherwise recover, the full amount of such
fee, commission, percentage, brokerage fee, gift, or contingent fee.
Section 23.0 Officers Not to Benefit
No officer or employee of the state shall participate in any decision relating to this Contract
which affects his or her personal interest or the interest of any corporation, partnership, or
association in which he or she is directly or indirectly interested; or have any interest, direct or
indirect, in this Contract or the proceeds thereof.
Section 24.0 Audit Requirements
The Contractor shall submit a copy of its regularly conducted annual audit(s), pursuant to OMB
Circular A-128 or OMB A-110 (whichever is applicable to the Contractor), to the Department for
the time period(s) encompassed by this Contract. If this audit is not performed or available,
subsequent arrangements are to be made with the Department.
Section 25.0 Program Income
The Contractor will treat any income derived as the result of the grant prior to completion of the
construction phase of the Project on or before December 31, 2008 as Program Income. All
program income received by the Contractor shall be treated according to standards stated in
Department of Interior Financial Assistance Rule 43, Code of Federal Regulations Part 12.
Section 26.0 No Separate Legal or Administrative Entity.
By this Agreement the parties do not intend to create a separate legal or administrative entity.
APPENDIX A.
Contract No.: FY-08-BIG DT2
Item
Number
Descri tion
Total*
Local Match Federal
Match
26.38758% 73.61242%
A. Site Work
1 Floatin Wall Attenuator 6,000 SFT $1,080,000 $284,986 $795,014
2 Marina Gazebo 1 LS $35,000 $9,236 $25,764
3 Site Li tin 15 EA $67,500 $17,812 $49,688
4 Landsca in 1 LS $200,000 $52,775 $147,225
5 Irri ation 1 LS $34,000 $8,972 $25,028
6 Site Furniture 1 LS $42,000 $11,083 $30,917
7 Dred in 1,000 CYD $20,000 $5,278 $14,722
Site Work Subtotal $1 478 500 $390,140 $1,088 360
B. New Docks
8 Floatin Dock, 30' x 3' 1,600 SFT $64,000 $16,888 $47,112
9 Floatin Dock, 40' x 4' 2,400 SFT $96,000 $25,332 $70,668
10 Floatin Dock, 30' x 6' ADA Accessible 180 SFT $7,200 $1,900 $5,300
11 Floatin Dock, 40' x 6' ADA Accessible 240 SFT $9,600 $2,533 $7,067
12 Main Walkwa , 6' 3,984 SFT $159,360 $42,051 $117,309
13 Main Walkwa , 30' 16,350 SFT $654,000 $172,575 $481,425
14 Fixed Access Ram , 6' ADA Accessible 480 SFT $24,000 $6,333 $17,667
15 Fixed Access Ram 510 SFT $25,500 $6,729 $18,771
16 S rin Piles 72 EA $10$,000 $28,499 $79,501
17 Attendant's Buildin 144 SFT $10,800 $2,850 $7,950
18 Restrooms 840 SFT $126,000 $33,248 $92,752
New Docks Subtotal $1,284,460 $338,938 $945,522
C. Utilities
19 Electrical, Water, Sewer, U land (1 LS $550,000 $145,132 $404,868
20 Dock Utilities Water, Electric, Sewer, Cable 36 EA $126,000 $33,248 $92,752
Utilities Subtotal $676,000 $178 380 $497,620
Pro'ect Subtotal $3 438 960 $907,458 $2,531 502
D. Associated Costs
21 Contin encies $293,896 $77,552 $216,344
22 Environmental Reviews as necess $50,000 $13,194 $36,806
23 En ineerin Construction M mt 10% $343,896 $90,746 $253,150
Associated Costs Subtotal $687,792 $181 492 $506 300
Pro"ect Grand Total $4,126 752 $1 088,950 $3 037 802
Retain Amount** $151 890
* Budget numbers are provided by the City of Dubuque.
** See Special Conditions, Article X "Payment" Paragraph 4.