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Funding Agreement (SWAP) for North Cascade Road Reconstruction Copyrighted November 5, 2018 City of Dubuque Action Items # 6. ITEM TITLE: Funding Agreement for North Cascade Road Reconstruction SUMMARY: City Manager recommending approval and authorization for the Mayor to execute a Federal Aid (STBG) SWAP Funding Agreement with the lowa Department of Transportation for the North Cascade Road Reconstruction Project, Phase 1 from Catfish Creek to Edval Lane. RESOLUTION Approving the Federal Aid Swap Funding Agreement (Agreement No. 6-18-STBG-Swap-040) between the City of Dubuque and lowa Department of Transportation for the North Cascade Road Reconstruction Project, Phase 1 SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type North Cascade Road Federal Aid SWAP Funding City Manager Memo Agreement-NNM Memo Staff Memo Staff Memo Resolution Resolutions Funding Agreement Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: North Cascade Road Reconstruction, Caffish Creek to Edval Lane Federal Aid SWAP Funding Agreement lowa DOT Agreement No. 6-18-STBG-SWAP-040 lowa DOT Project No. STBG-SWAP-2100 (669)—SG-31 DATE: November 1 , 2018 Assistant City Engineer recommends City Council approval and authorization for the Mayor to execute a Federal Aid (STBG) SWAP Funding Agreement with the lowa Department of Transportation for the North Cascade Road Reconstruction Project, Phase 1 from Catfish Creek to Edval Lane. As of October 1 , 2018, the lowa Department of Transportation Federal Aid SWAP Policy went into effect. The new Federal Aid SWAP Policy allows federal road and bridge funds normally allocated to cities or counties to be replaced with State of lowa Primary Road funds on a dollar-for-dollar basis. The goal of the new policy is to increase efficiencies and help local governments reduce the level federal oversight, regulations and requirements. Additionally, the use of Primary Road funds will be reimbursed at 100°k of eligible costs which eliminates the requirement for local governments to provide a 20°k local match. The North Cascade Road Reconstruction Project will be the City's first project to be developed and constructed under the Federal Aid SWAP Policy. I concur with the recommendation and respectfully request Mayor and City Council approval. �L;� 1��, ���,�� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer 2 Dubuque THE CITY OF U� � All-America City 1 / Masterpiece on the Mississippi � zoo�•zoiz•zois•zoi� TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: North Cascade Road Reconstruction, Catfish Creek to Edval Lane Federal Aid SWAP Funding Agreement lowa DOT Agreement No. 6-18-STBG-SWAP-040 lowa DOT Project No. STBG-SWAP-2100 (669)--SG-31 DATE: October 31 , 2018 INTRODUCTION The purpose of this memorandum is to seek City Council approval and authorize the Mayor to execute a Federal Aid (STBG) SWAP Funding Agreement (Agreement No. 6- 18-STBG-SWAP-040) with the lowa Department of Transportation (lowa DOT) for the North Cascade Road Reconstruction Project, Phase 1 from Catfish Creek to Edval Lane. As of October 1, 2018, the lowa DOT Federal Aid SWAP Policy went into effect. The new Federal Aid SWAP Policy allows federal road and bridge funds normally allocated to cities or counties to be replaced with State of lowa Primary Road funds on a dollar- for-dollar basis. The goal of the new policy is to increase efficiencies and help local governments reduce the level federal oversight, regulations and requirements. Additionally, the use of Primary Road funds will be reimbursed at 100% of eligible costs which eliminates the requirement for local governments to provide a 20% local match. The North Cascade Road Reconstruction Project will be the City's first project to be developed and constructed under the Federal Aid SWAP Policy. BACKGROUND With the upcoming completion of the Southwest Arterial (US 52) and the location of the Middle Interchange at North Cascade / English Mill Road, traffic volumes are expected to increase on North Cascade Road. The existing roadway is narrow, substandard in design and is inadequate to accommodate future traffic and development growth. The Timber Hyrst residential subdivision is under development and connects Creekwood Drive to North Cascade Road between Edval Lane and the Catfish Creek bridge. The development agreement for this subdivision between the City of Dubuque and North Cascade Road Developers, LLC. stipulates that the City will complete safety related improvement to North Cascade Road. This roadway is classified as a collector under the FHWA Street Classification. The existing 24-foot rural roadway has granular shoulders and typical rural ditch grading and drainage. The existing sight distance along this stretch of North Cascade Road is less than desirable and the realignment of the existing curves in this area will improve safety for the motoring public. DISCUSSION The City is developing a project to reconstruct North Cascade Road between the bridge over the South Fork of Catfish Creek to the future intersection of North Cascade Road and the Southwest Arterial. The project will be developed into 2 phases; Phase 1 (2019) - from Catfish Creek bridge to Edval Lane; and Phase 2 (2021) - from Edval Lane to Southwest Arterial. The current 24-foot rural roadway will be widened to accommodate a 35-foot urban "complete streeY' section with 5-foot paved shoulders / bike lanes on each side and grading for future sidewalks on each side of the road. The existing curves on North Cascade Road are substandard and will be realigned to improve safety and allow for better sight distance. ANTICIPATED SCHEDULE The project will require the purchase of right-of-way property to accommodate the new roadway width and larger curves. The right-of-way property is the controlling item on the project development schedule which is summarized as follows: • Process SWAP Funding Agreement November 2018 • Property Acquisition 6 Months • Check Plans to lowa DOT February 2019 • Final Plans to lowa DOT March 2019 • Contract Turn In April 2019 • lowa DOT Bid Letting June 2019 • Completion November 2019 BUDGETIMPACT The estimate of probable cost for the North Cascade Road Reconstruction Project, Phase 1 from Catfish Creek to Edval Lane are summarized in the following table: Description Cost Estimate Construction — Bridge to Edval Lane $ 2,700,000 Property Acquisition 100,000 Engineering Design and Administration 350,000 Total Construction Cost Estimate $ 3,150,000 The anticipated project funding is summarized as follows: CIP No. Fund Description Fund Amount 300 2021 Federal Aid SWAP Funding (�oo°io) $ 2,000,000 350 2021 300 2021 North Cascade Road Reconstruction (�oo°io) 1 ,150,000 350 2021 Total Project Funding $ 3,150,000 2 RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Federal Aid SWAP Funding Agreement with the lowa DOT for the North Cascade Road Reconstruction Project, Phase 1 . ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Federal Aid SWAP Funding Agreement (Agreement No. 6-18- STBG-SWAP-040) with the lowa Department of Transportation for the North Cascade Road Reconstruction Project, Phase 1 . Attach. Prepared by Robert Schiesl, Assistant City Engineer cc: Kent Ellis, lowa DOT District 6 Jenny Larson, Budget Director F:\PROJECTS\North Cascade Rd Reconstruction (669)\Funding Agreement-SWAP 3 RESOLUTION NO. 336-18 RESOLUTION APPROVING THE FEDERAL AID SWAP FUNDING AGREEMENT (AGREEMENT NO. 6-18-STBG-SWAP-040) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE NORTH CASCADE ROAD RECONSTRUCTION PROJECT, PHASE 1 Whereas, with the upcoming completion of the Southwest Arterial (US 52) and the location of the Middle Interchange at North Cascade / English Mill Road, traffic volumes are expected to increase on North Cascade Road; and Whereas, the Timber Hyrst residential subdivision is under development and connects Creekwood Drive to North Cascade Road between Edval Lane and the Catfish Creek bridge; and Whereas, the development agreement for the Timber Hyrst subdivision between the City of Dubuque and North Cascade Road Developers, LLC. stipulates that the City will complete safety related improvement to North Cascade Road; and Whereas, the existing narrow 24 -foot rural roadway has granular shoulders and typical rural ditch grading and drainage, is classified as a collector under the FHWA Street Classification, is substandard in design and is inadequate to accommodate future traffic and development growth; and Whereas, the City is developing a project to reconstruct North Cascade Road between the bridge over Catfish Creek to the future intersection of North Cascade Road and the Southwest Arterial; and Whereas, the project will be developed into 2 phases; Phase 1 (2019) - from Catfish Creek bridge to Edval Lane; and Phase 2 (2021) - from. Edval Lane to Southwest Arterial; and Whereas, the current 24 -foot rural roadway will be widened to accommodate a 35 - foot urban "complete street" section with 5 -foot paved shoulders / bike lanes on each side and grading for future sidewalks on each side of the road; and Whereas, the existing substandard curves on North Cascade Road will be realigned to improve safety and allow for better sight distance; and Whereas, effective October 1, 2018, per the State of Iowa Federal Aid SWAP Policy, the City will use Primary Road funds on a dollar -for -dollar basis to be reimbursed at 100% to assist in funding the North Cascade Road Reconstruction project. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. That said Federal Aid SWAP Funding Agreement (Agreement No. 6-18- STBG-SWAP-040) between the City of Dubuque and the Iowa Department of Transportation is hereby approved. Pg. 2 Resolution No. 336-18 SECTION 2. That the Mayor is hereby authorized and directed to execute the Federal Aid SWAP Funding Agreement (Agreement No. 6-18-STBG-SWAP-040) for the North Cascade Road Reconstruction Project, Phase 1. Passed, approved and adopted this 5th day of November 2018. . pi, a -Roy D. Buol, Mayor Attest: Kevin ,S. Firnstahl, CMC City Clerk F:\PROJECTS\North Cascade Rd Reconstruction (669)\Funding Agreement - SWAP �� � � � � DOT �� i i _ www.iowadot.gov Distric[60ffice � Highway Division 5455 Kirkwood Blvd.SW,Cedar Rapids, IA 52404 Phone:(319) 364-0235 I Fax(319)364-9614 I Email: kenGellis@iowadotus Oc[obcr 24, 2018 Ref: S'IBG-SWAP-2100(669)—SG-31 City of Dubuquc Agreemen[No: 6-I8-STBG-SWAP-040 Robert Schiesl, P. E. Assistant City Engineer Engineering Department City of Dubuque 50 West l3w Street Dubuque, lowa 52001-4805 SUBJECT: Agreement 6-18-STBG-SWAP-040 (HMA Pavemen[-Gradc and Replace on North Cascade Road from Edval Ln to Ca[fish Geek Bridge) Dear Mr. $chicsl: I have enclosed hvo(2)copies of an agreement beriveen the ciri of Dubuquc and the lowa Department of Transporta[ion for the referenced project. T7ie projec[ imolves HMA Paveroent-Gradc and Replace on North Cascadc Road from Fdval Ln to Catfish Creek Bridge. Plcase secure the necessary approvals and signa[ures of the appropriate cit�� o�cials and retum both signed copies ofthe agreement to this office for further processing. Aftcr 1 receive the signed copies of the agreement, 1 will sign both agrecmcnts, and o�c of the copics of the fully executed agreement will bc rcNmed[o your officc. All those who are involvcd wi[h the project should carefull�� review the provisions of[he agrccmen[ [hac pertain[o$TBG-SWAP funding for this projec[and the standard provisions£or federal-aid SWAP projects. Please cortact me if�vu have any questions conceming this agreemcnt. SincereLy, ./��'�7 .t� .��f'�: Ken[ L. Ellis, P.E. I,ocal Svstcros Engineer, Dis[ric[6 KLE/hmb E�cios��es �z> ba s-srs�-swAr-oao June 2018 IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Surface Transportation Block Grant Program Federal -aid Swap Project Recipient: City of Dubuque Project No.: STBG-SWAP-2100(669)--SG-31 Iowa DOT Agreement No.: 6-18-STBG-SWAP-040 This is an agreement between the City of Dubuque, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) for Surface Transportation Block Grant (STBG) Program Federal -aid Swap funds under 761 Iowa Administrative Code (IAC) Chapter 162. Iowa Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in Iowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STBG Federal -aid Swap funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: HMA Pavement Grade and Replace on North Cascade Road from Edval Ln to Catfish Creek Bridge. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STBG Federal -aid Swap funds. The portion of the project costs reimbursed by STBG Federal -aid Swap funds shall be up to $2,000,000 for the following phases of work as stipulated by the East Central Intergovernmental Associatiort Preliminary Engineering X Construction Engineering X Right -of -Way X Construction Other (please specify) 6. The Recipient shall pay for all project costs not reimbursed with STBG Federal -aid Swap funds. 7. If the project described in Section 3 drops out of the East Central Intergovernmental Association current TIP or the approved current STIP prior to obligation of funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. STBG Project Agreement Page 2 • 11. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 12. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the Recipient concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written acceptance of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City Signature Block (City Projects Only) By 0 hi Date November 5 , 2018 Mayor 7/ title of city official 1, Kevin S. F i r n s t a h l , certify that I am the City Clerk of Dubuque, and that Roy D. B uo l , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 5th day of November , 2018 Signed City Clerk of Dubuque, Iowa Date November 5 , 20 18 IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date , 20 Kent L. Ellis, P.E. Local Systems Engineer District 6 June 2018 EXHIBIT 7 General Agreement Provisions fo�use of Federalaid Swap Funds on Non-primary Projects Unless otherwise specified in this agreement,the Recipienf shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary aclions to comply with applicable State antl Fetleral laws and regulations. To assist the Recipieni, the Depariment has provided guitlance in the Instructional Memorantlums to Local Public Agencies Q.Ms), available on-line at: h��r��/���. �n , �o��%�s� I ti��=m����u�i . .�_osii•n .r - s. The Recipient shall follow the applicable procetlures and guidelines contained in ihe I.M.s in effect af Ihe time projea aaivdies are conducted. b. In accordance with lowa Code Chapter 216 and associated subsequent nontliscriminafion laws and regulations, the Recipieni shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national ongin, religion, pregnancy, or disa6ility. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Ad of 7990 (ADA), Section 504 of the Rehabilitation Ad of 7973 (Section 504), ihe associated Code of Federal Regulations(CFR)ihat implement these laws, and ihe guidance provided in I.M. 7.080,ADA Requirements. When petlestrian facilities are constructed, recons[ructed,or altered,ihe Recipient shall make such facilities compliant with the ADA and Section 504. d. The Recipient agrees to indemnify, defend, and hold the Depariment harmless from any action or liability arising out of ihe design, construction, maintenance, placement of traffic conirol devices, inspection, or use of this pmjed. This agreemeni to intlemnify, defenq and holtl hartnless applies to all aspects of the DepaAmenYs applicaiion review antl acceptance process, plan antl conslmction reviews, and funtling participation. e. Tertnination of funds. NotwKhstanding anything in this agreement to the contrary, antl suDject fo fhe limitations set forth below, ihe Department shall have the nght to tertninate this agreement without penatty and without any ativance notice as a result of any ofthe following: i) The Federal govemment, legislature or govemor fail in the sole opinion of the Department to appropriate funtls sufficient to allow the Department to either meet its obligations under this agreemeni or to operate as requiretl antl fo fulfll its obligations untler this agreemeni; or 2) If funds are de-appropriated, reduced, not allocafed, or receipt of funds is tlelayetl, or if any funds or revenues needed by ihe DepaAment to make any payment hereuntler are insuffcient or unavailable for any other reason as tleterminetl by fhe Department in Ks sole discretion; or 3) If the DepaAmenYs authorization to conduct its business or engage in activdies or operations related to ihe subject marier of this agreement is withdrawn or materially attered or motlifetl. The DepaAment shall provitle the Recipient with written notice of tertnination pursuant to ihis sec[ion. 2 Programming a. The Recipient shall be responsible for including the projed in the appropnate Regional Planning Affliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Pmgram (TIP). The Recipient shall also ensure fhat the appropriate RPA or MPO,through IheirTlP submittal tothe DepaAment, inclutles the projed in the Statewide Transportation Improvement Program (STIP). If the project is not inGuded in the appropriate fscal year of the STIP, funtls cannot be obligatetl. b. Before beginning any work for which funtling reimbursement will be requested, ihe Recipient shall submit a wntten request for acceptance to the Department. The Department will notify the Recipienf when acceptance is granted.The cost of work perfortned pnor to acceptance will not be reimburseA.The tuming in of plans for letting by Ihe Department's administering office shall be consitleretl acceptance for constructioa The Department will notify the Recipient when acceptance is grantetl. 3. Design and Consultant Services a. TheRecipientshallberesponsibleforthedesignofiheproject,inclutlingalinecessaryplans,specifcations, and estimates(PS&E). The project shall be designed in accordance with the design guidelines provitletl or referenced by the Depadment in the Guitle and applicable I.Ms. EXHIBIT 1 Page 2 0. Environmental Requirements and other Agreements or Permits. a. The Recipient shall obtain project pertnits and approvals, when necessary, from the lowa DepaAmeni of Cultural Affairs (State Histoncal Society of lowa; State Hisioric Preservation Offcer), lowa Department of Natural Resources, U.S. Coasi Guard, U.S. Artny Corps of Engineers, the Depadment, or oiher agencies as requiretl. The Recipient shall follow ihe applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Section 3.1 -- Environmental Reviews and Permits. & Right-of-Way, Railroads,and Utilkies. a. The RecipieN shall acquire the project nght-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits antl payments in accortlance wiih the procedures set forth in I.M. 3.600, Right-of-Way Acquisdion, antl the DepaAmenPs Offce of Right of Way Local Public Agency Manual. The Recipient shall coniacl the Department for assistance, as necessary, to ensure compliance with Ihe requiretl procedures. b. If a railroad crossing or railroad fracks are within or adjacent to the project limits,the Recipient shall obiain agreements, easements, or pertnits as needed from the railroad.The Recipient shall follow the procetlures in I.M. 3.670, Work on Railroatl Right-of-Way. c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on ihe County and City a Non-Primary Fetleral-aid Roatl System" for projects on non-primary Federal-aid highways. For projecls connecting to or imolving some work inside the right-of-way for a pnmary highway, the Recipient shall follow the DepartmenYs "Policy for Accommodating and Atljustment of Utildies on the Pnmary Road Sysiem" The Recipient shoultl also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. G Contract Procurement. a. The following provisions apply only to projects involving physical construclion or improvements to transportation facilities: b. The project plans,specifications,and cosf estimate(PS&E)shall be prepared antl certifietl by a professional engineer or architecl, as applicable, licensed in the State of lowa. c The Recipien� shall be responsible for the following: i. Prepare and submit the PS&E antl other contrac[ tlocuments to the DepaAment for review and acceptance in accorUance with I.M. 3.700, Check antl Final Plans and I.M. 3.500, Bndge or Culvert Plans, as applicable. ii. The contracl documents shall use ihe DepartmenYs Standard Specifcations for Highway antl Bridge Construction. Pnor to �heir use in the PSBE, specifcations tlevelopetl by the Recipient for individual construction items shall be approved by the DepaAment. iii. Follow the procedures in I.M. 5.030, lowa DOT Letting Process, to analyze the bitls receivetl; make a decision to either award a contracl to the lowest responsive bidder or reject all bids; antl if a contract is awartled, execute the contract tlocuments antl return to DepaAment. Note: The Departmeni may not De able to allow a prqect to be let in the scheduled letting due to possible issues with cash flow availability. d. The Recipient shall forwartl a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Pryecl Development Certification Instrudions. The projed will not be tumetl in for bid letting until the Departmerrt has reviewed and approved the Projecl Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the lowa Code seaion 26.12. EXHIBiT 1 Page 3 f. The Recipieni shall nof provide the contractor wifh notice fo proceed until aRer receiving wriften notice that the Department has concurretl in the contrad award. 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construclion Inspection, and the Department's Consiruclion Manual, as applicable, for conducting constmction inspection activities. The RecipienPs engineer shall at all iimes be responsible for inspection of the project. b. A full-iime employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assislance from the Department. c. Traffc control devices,signing, or pavement markings installed within ihe limds of this project shall confonn to ihe "Manual on Unifortn Traffic Conirol Devices for Streets and Highways" per 761 IAC Chapter 130. Proper protective measures and tlevices such as fences, barricatles, signs, Flood lighting, and waming lighis as needed. tl. The prqect shall be constructed under the Department's Standard Specifications for Highway antl Bntlge Construdion and the Recipient shall comply with the procedures and responsibilRies for matenals testing according to the DepartmenYs Materials I.M.s.Available on-line at � r.I ��.. � .r.'::.._ e. If the Department provides any matenals testing services to the Recipient, the Department will bill the Recipient for such festing services according to its normal policy as per Materials I.M. 103. & Reimbursements. a. The Recipient will be initially responsible for all project costs. After costs have been incurred,ihe Recipient shall submd to the Department penodic itemized claims for reimbursement for eligible projec[ costs. Requests for reimbursement shall be made ai least semi-annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for coffis incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later ihan August 15. c. Reimbursemenl claims shall inGude a certifiration ihat all eligi6le projed costs,for which reimbursement is requested, have been reviewetl by an offcial or 9overning board of the Recipienf, are reasonable and proper, have been paid in full, and were completed in subslantial wmpliance with the tenns of this agreement. d. The DepaAment will reimburse the Recipierrt for propedy documented antl certifed claims for eligible project costs. The Department may withholtl up to 5°/ of ihe total funtls available for the project. Reimbu�sement will be matle either by State warrant or by c�editing other accounts from which payment was initially made. If, upon fnal review or audit selected by ihe Administenng Offce, the Department determines the Recipient has been overpaid, the Recipient s�all reimburse the overpaid amount to the DepaAment. ARer the final review is complete antl after the Recipient has provided all required papervaork, the Departmenf will release the funds withheld. e. The total funds collecled by the Recipient for this project shall not exceed ihe total project costs. The total funds collecled shall include any funds received; for example, Federal funds not receivetl through FHWA, any special assessments made by the Recipient(exclusive of any associated interest or penalties) pursuant to lowa Code Chapter 384 (cities) or Chapier 371 (counfies), proceetls from the sale of excess right-of- way, and any ot�er revenues generatetl by the project. The total prqect costs shall include all costs that can be directly attributed to the projecl. In Ihe event that Ihe total funds collected by the Recipient do exceed the total prqed costs, the Recipient shall either: i. in Ihe case of special assessmenis, refund to Ihe assessed property owners Ihe excess special assessments collected (including interest and penatties associated with ihe amount of the excess), or ii. refuntl to the Department all funds collecled in excess of the total prqecl costs (inGutling interest and penaities associatetl with the amount of the excess) wiihin 60 days of the receipt of any ezcess funtls. EXHIBIT 1 Page 4 9. Project Close-out. a. Acceptance of the completed construction shall be with ihe concurrence of the Departmem.WRhin 30 days of completion of construction or other activities authorized by this agreemeni, the Recipieni shall provide writlen notifca[ion to the Department. The Recipient shall follow and requesl a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audd, and Close-out Procedures for Federal-aid Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funtls shall be returned antl a possible suspension may be placetl on the Recipient from receiving funds from the Department on future projeds until Ihe Recipient has demonstratetl responsible management of funds on roadway projecls. b. For construclion projects,ihe Recipient shall provide a certifcation by a pmfessional engineer, archilect, or lantlscape architect as applicable, licensed in the State of lowa, intlicating 1he conslruction was completed in substantial compliance with the projed plans and specifcations. c. Final reimbursement of funtls shall be made only after the Department accepts the project as complete. d. The Recipient shall maintain all books,documents,papers,accounting recoMs, reports,antl other evitlence pertaining to costs incurtetl forthe project. The Recipient shall also make fhis documentation available at all reasonable times for review by ihe Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from ihe date of the Departmenfs signature ofthe DepaAmenfs Statement of Completion and Final Acceptance of Work(Fortn 630435) or the Certificate of Completion and Final Acceptance of Agreement Work(Form 640003). e. The Recipient shall maintain, or cause to be maintainetl, the completed improvemeM in a manner acceptabie to the Depariment.