Agreement with the U. S. Department of the Army for an Engineering Design and Construction of the Force Main Stabilization ProjectCity of Dubuque
City Council Meeting
Consent Items # 07.
Copyrighted
December 5, 2022
ITEM TITLE: Agreement with the U. S. Department of the Army for an Engineering
Design and Construction of the Force Main Stabilization Project
SUMMARY: City Manager recommending City Council adopt a resolution authorizing
the Mayor to execute the agreement with the U.S. Department of the
Army for the U.S. Army Corps of Engineers (USACE) to design and
construct the Force Main Stabilization Project.
RESOLUTION Authorizing the execution of an Agreement with the
Department of the Army to collaborate on stabilization and protection of
the force main along the Mississippi River
SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s)
DISPOSITION:
ATTACHMENTS:
Description Type
Agreement with US Department of the Army for an
Engineering and Construction of the Force Main
Stabilization Project-MVM Memo
Staff Memo
Resolution
City Manager Memo
Staff Memo
Resolutions
Agreement Supporting Documentation
THE CITY OF
Dubuque
DUB TEE1.
All -America City
Masterpiece on the Mississippi
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TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement with the U. S. Department of the Army for an Engineering
Design and Construction of the Force Main Stabilization Project
(CI P#710-2846)
DATE: November 30, 2022
City Engineer Gus Psihoyos is recommending City Council adopt a resolution
authorizing the Mayor to execute the agreement with the U.S. Department of the Army
for the U.S. Army Corps of Engineers (USACE) to design and construct the Force Main
Stabilization Project.
As outlined as the selected alternative in the USACE Final Feasibility Report, and
described in the Agreement, the Project means the placement of approximately 3,000
linear feet of riprap revetment on the eroding bank to resist erosive forces and protect
the Dubuque Forced Sewer Main.
Per the Agreement, the Project costs are projected to be $5,216,000, with the USACE's
share projected to be $3,390,400 and the City share projected to be $1,825,600.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
v
Mic ael C. Van Milligen
MCVM:sv
Attachment
cc: Crenna Brumwell City Attorney
Cori Burbach, Assistant City Manager
Gus Psihoyos, City Engineer
Deron Muehring, Civil Engineer
THE CITY OF
Dubuque
DUB-
All-Amerin Cigl
iece on the Mississi i
Masterpiece pp
2007-2012-2013
zoi7*2019oig
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Agreement with the U. S. Department of the Army for an Engineering
Design and Construction of the Force Main Stabilization Project
(CI P#710-2846)
DATE: November 29, 2022
INTRODUCTION
The purpose of this memorandum is to seek authorization to enter into an agreement
with the U. S. Department of the Army for the U. S. Army Corps of Engineers (USACE)
to design and construct the Force Main Stabilization Project.
BACKGROUND
The City's 42-inch diameter sanitary sewer force main was constructed in 1977 with
about 3,000 feet located along the banks of the Mississippi. It carries approximately 65
percent (65%) of the City's daily average flows to the Water and Resource Recovery
Center. Over the years, erosion of the banks of the Mississippi have reduced the ground
cover (and protection) to the point where the pipe is showing in a few places. Because
the flow is under pressure, if the force main was to be ruptured, it would result in the
discharge of thousands of gallons of untreated wastewater directly into the Mississippi.
With the adoption of the FY2021 CIP Budget, the City Council allocated $100,000.00 for
engineering services related to the Force Main Stabilization Project (Project). The
Project involves the stabilization and protection of approximately 3,000 feet the City's
42-inch diameter sanitary sewer force main that runs along the main channel of the
Mississippi River from Maus Lake to the south.
In February of 2021, the City adopted Resolution 41-21 authorizing entering into an
agreement with the USACE for the USACE to proceed with a planning and design
analysis to identify and evaluate alternatives and a recommendation of a coordinated
and implementable solution for the Force Main Stabilization Project.
In March of 2022, the USACE completed its Final Feasibility Report for the Dubuque
Forced Sewer Main identifying improvements to stabilize and protect the City 42-inch
force main.
DISCUSSION
Section 14 of the Flood Control Act of 1946 (Section 14) authorizes the USACE to
undertake construction, repair, restoration, and modification of emergency streambank
and shoreline protection projects. And in March of 2022, the design and construction of
the City of Dubuque Forced Sewer Main — Section 14 Project (Project) was
approved by the Commander for Rock Island District of the USACE in accordance with
the attached Project Partnership Agreement (Agreement) provided by the USACE.
As outlined as the selected alternative in the USACE Final Feasibility Report, and
described in the Agreement, the Project means the placement of approximately 3,000
linear feet of riprap revetment on the eroding bank to resist erosive forces and protect
the Dubuque Forced Sewer Main.
Per the Agreement, the Project costs are projected to be $5,216,000, with the USACE's
share projected to be $3,390,400 and the City share projected to be $1,825,600.
RECOMMENDATION
I recommend that the City enter into the attached Agreement with the U. S. Department
of the Army in order for the USACE to design and construct the Force Main Stabilization
Project.
BUDGETIMPACT
Per the agreement, the City's contribution is projected to be $1,825,600.00. The
payment to the USACE will be funded through the FY23 budget appropriation in the
amount of $1,933,352.05 for Force Main Stabilization (Project 5581500014).
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing the Mayor to
execute the attached agreement with the U. S. Department of the Army for the USACE
to design and construct the Force Main Stabilization Project.
Attach.
Prepared by Deron Muehring
Cc: Crenna Brumwell, City Attorney
Jenny Larson, Director of Finance and Budget
John Klostermann, Public Works Director
Teri Goodman,
Bob Schiesl, Assistant City Engineer
Steve Sampson Brown, Project Manager
Deron Muehring, Civil Engineer
Prepared by Deron Muehring, Civil Engineer, 50 W. 131h St Dubuque, IA 52001 (563) 589-4276
Return to Adrienne N. Breitfelder, City Clerk, 50 W. 1311 St., Dubuque, IA 52001, (563) 589-4100
RESOLUTION NO. 368-22
AUTHORIZING THE EXECUTION OF AN AGREEMENT WITH THE DEPARTMENT OF
THE ARMY TO COLLABORATE ON STABILIZATION AND PROTECTION OF THE
FORCE MAIN ALONG THE MISSISSIPPI RIVER
Whereas, the City recognizes the need to stabilize and protect the City's sanitary
sewer force main that runs along the Mississippi River; and
Whereas, the Continuing Authorities Program— Section 14 of the 1946 Flood
Control Act authorizes the protection of the Forced Sewer Main for the City, Iowa; and
Whereas, the Water Resources Development Act of 1986, Public Law 99-662, as
amended (33 U.S.C. 2215(a)), specifies the cost -sharing requirements; and
Whereas, the Department of the Army has provided an agreement to that would
allow them to proceed with designing and constructing the Force Main Stabilization
Project; and
Whereas, the Department of the Army and the City have the full authority and
capability to perform in accordance with the terms of the agreement; and
Whereas, it is the best interest of the City to enter into the agreement.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. The Mayor is hereby authorized to sign the agreement.
Section 2. The City Manager is hereby authorized to act as an authorized
representative for the agreement and may execute any documents required by the
Agreement as the Department of the Army may reasonably request.
Passed, approved, and adopted this 5th day of December 2022.
Attest:
Adrienne Breitfelder, City Clerk
PROJECT PARTNERSHIP AGREEMENT
BETWEEN
THE DEPARTMENT OF THE ARMY
AND
CITY OF DUBUQUE, IOWA
FOR THE
CITY OF DUBUQUE FORCED SEWER MAIN, MISSISSIPPI RIVER,
DUBUQUE COUNTY, IOWA
THIS AGREEMENT is entered into this day of , by
and between the Department of the Army (hereinafter the "Government"), represented
by the District Commander, Rock Island District and the City of Dubuque, Iowa
(hereinafter the "Non -Federal Sponsor"), represented by its Mayor.
WITNESSETH, THAT:
WHEREAS, Section 14 of the Flood Control Act of 1946, as amended (33 U.S.C.
701 r) (hereinafter "Section 14"), authorizes the Secretary to undertake construction,
repair, restoration, and modification of emergency streambank and shoreline protection
projects not specifically authorized by Congress to prevent damages to highways,
bridge approaches, and public works, churches, hospitals, schools, and other non-profit
public services;
WHEREAS, pursuant to the authority provided in Section 14, design and
construction of the City of Dubuque Forced Sewer Main — Section 14 Project
(hereinafter the "Project", as defined in Article I.A. of this Agreement) was approved by
the Commander for Rock Island District on March 16, 2022;
WHEREAS, the cost -sharing requirements for flood risk management as
provided in Section 103 of the Water Resources Development Act (WRDA) of 1986, as
amended (33 U.S.C. 2213), apply to the Project;
WHEREAS, total Federal costs associated with planning, design, and
construction of a project pursuant to Section 14 may not exceed $5,000,000; and
WHEREAS, the Government and the Non -Federal Sponsor have the full
authority and capability to perform in accordance with the terms of this Agreement and
acknowledge that Section 221 of the Flood Control Act of 1970, as amended (42 U.S.C.
1962d-5b), provides that this Agreement shall be enforceable in the appropriate district
court of the United States.
NOW, THEREFORE, the parties agree as follows:
ARTICLE I - DEFINITIONS
A. The term "Project" means Placement of approximately 3,000 linear feet of
riprap revetment on the eroding bank to resist erosive forces and protect the
Dubuque Forced Sewer Main., as generally described in the Mississippi River,
Dubuque County Iowa Continuing Authorities Program Section 14 Emergency
Streambank Protection Dubuque Forced Sewer Main Final Feasibility Report with
Integrated Environmental Assessment, dated March 2022 and approved by the
Commander for the Rock Island District, on March 16, 2022.
B. The term "HTRW" means hazardous, toxic, and radioactive wastes, which
includes any material listed as a "hazardous substance" (42 U.S.C. 9601(14)) regulated
under the Comprehensive Environmental Response, Compensation, and Liability Act
(hereinafter "CERCLA") (42 U.S.C. 9601-9675) and any other regulated material in
accordance with applicable laws and regulations.
C. The term "construction costs" means all costs incurred by the Government
and Non -Federal Sponsor in accordance with the terms of this Agreement that are
directly related to design and construction of the Project and cost shared. The term
includes the Government's engineering, design, and construction costs; the
Government's supervision and administration costs; the Non -Federal Sponsor's
creditable costs for providing real property interests, placement area improvements, and
relocations and for providing in -kind contributions, if any; costs for mitigation, including
monitoring and adaptive management, if applicable; and the costs of historic
preservation activities except for data recovery for historic properties. The term does not
include any costs for construction, repair, restoration, relocation, or modification of the
facility to be protected; operation, maintenance, repair, rehabilitation, or replacement;
HTRW cleanup and response; dispute resolution; participation by the Government and
the Non -Federal Sponsor in the Project Coordination Team to discuss significant issues
and actions; audits; betterments; or the Non -Federal Sponsor's cost of negotiating this
Agreement.
D. The term "real property interests" means lands, easements, and rights -of -way,
including those required for relocations and borrow and dredged material placement
areas. Acquisition of real property interests may require the performance of relocations.
E. The term "relocation" means the provision of a functionally equivalent facility to
the owner of a utility, cemetery, highway, railroad, or public facility when such action is
required by applicable legal principles of just compensation. Providing a functionally
equivalent facility may include the alteration, lowering, raising, or replacement and
attendant demolition of the affected facility or part thereof.
F. The term "placement area improvements" means the improvements required
on real property interests to enable the ancillary placement of material that has been
dredged or excavated during construction, operation, and maintenance of the Project,
K
including, but not limited to, retaining dikes, wasteweirs, bulkheads, embankments,
monitoring features, stilling basins, and dewatering pumps and pipes.
G. The term "functional portion thereof" means a portion of the Project that has
been completed and that can function independently, as determined in writing by the
District Commander for Rock Island District(hereinafter the "District Commander"),
although the remainder of the Project is not yet complete.
H. The term "in -kind contributions" means those materials or services provided
by the Non -Federal Sponsor that are identified as being integral to the Project by the
Division Commander for Mississippi Valley Division (hereinafter the "Division
Commander"). To be integral to the Project, the material or service must be part of the
work that the Government would otherwise have undertaken for design and construction
of the Project. The in -kind contributions also include any initial investigations performed
by the Non -Federal Sponsor to identify the existence and extent of any HTRW that may
exist in, on, or under real property interests required for the Project; however, it does not
include HTRW cleanup and response.
I. The term "betterment" means a difference in design or construction of an
element of the Project that results from the application of standards that the
Government determines exceed those that the Government would otherwise apply to
design or construction of that element.
J. The term "fiscal year" means one year beginning on October 1st and ending on
September 30t" of the following year.
K. The term "Federal Participation Limit" means the $5,000,000 limitation on the
Government's financial participation in the planning, design, and construction of the
Project.
ARTICLE II - OBLIGATIONS OF THE PARTIES
A. In accordance with Federal laws, regulations, and policies, the Government
shall undertake design and construction of the Project using funds appropriated by the
Congress and funds provided by the Non -Federal Sponsor. In carrying out its
obligations under this Agreement, the Non -Federal Sponsor shall comply with all the
requirements of applicable Federal laws and implementing regulations, including but not
limited to, if applicable, Section 601 of the Civil Rights Act of 1964, as amended (42
U.S.C. 2000d), and Department of Defense Directive 5500.11 issued pursuant thereto;
the Age Discrimination Act of 1975 (42 U.S.C. 6102); and the Rehabilitation Act of 1973,
as amended (29 U.S.C. 794), and Army Regulation 600-7 issued pursuant thereto.
B. The Non -Federal Sponsor shall contribute a minimum of 35 percent, up to a
maximum of 50 percent, of construction costs, as follows:
1. The Non -Federal Sponsor shall pay 5 percent of construction costs.
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2. In accordance with Article III, the Non -Federal Sponsor shall provide the
real property interests, placement area improvements, and relocations required for
construction, operation, and maintenance of the Project. If the Government determines
that the Non -Federal Sponsor's estimated credits for real property interests, placement
area improvements, and relocations will exceed 45 percent of construction costs, the
Government, in its sole discretion, may acquire any of the remaining real property
interests, construct any of the remaining placement area improvements, or perform any
of the remaining relocations with the cost of such work included as a part of the
Government's cost of construction. Nothing in this provision affects the Non -Federal
Sponsor's responsibility under Article IV for the performance and costs of any HTRW
cleanup and response related thereto.
3. If providing in -kind contributions as a part of it cost share, the Non -
Federal Sponsor shall obtain all applicable licenses and permits necessary for such
work. As functional portions of the work are completed, the Non -Federal Sponsor shall
begin operation and maintenance of such work. Upon completion of the work, the Non -
Federal Sponsor shall so notify the Government within 30 calendar days and provide
the Government with a copy of as -built drawings for the work.
4. After determining the amount to meet the 5 percent required by
paragraph B.1., above, for the then -current fiscal year and after considering the
estimated amount of credit that will be afforded to the Non -Federal Sponsor pursuant to
paragraphs B.2. and B.3., above, the Government shall determine the estimated
additional amount of funds required from the Non -Federal Sponsor to meet its minimum
35 percent cost share for the then -current fiscal year. No later than 60 calendar days
after receipt of notification from the Government, the Non -Federal Sponsor shall provide
the full amount of such required funds to the Government in accordance with Article
VI.C.
5. No later than August 1st prior to each subsequent fiscal year, the
Government shall provide the Non -Federal Sponsor with a written estimate of the full
amount of funds required from the Non -Federal Sponsor during that fiscal year to meet
its cost share. No later than September 1 st prior to that fiscal year, the Non -Federal
Sponsor shall provide the full amount of such required funds to the Government in
accordance with Article VI.C.
C. To the extent practicable and in accordance with Federal law, regulations, and
policies, the Government shall afford the Non -Federal Sponsor the opportunity to review
and comment on contract solicitations, including relevant plans and specifications, prior
to the Government's issuance of such solicitations; proposed contract modifications,
including change orders; and contract claims prior to resolution thereof. Ultimately, the
contents of solicitations, award of contracts, execution of contract modifications, and
resolution of contract claims shall be exclusively within the control of the Government.
D. The Government, as it determines necessary, shall undertake actions
associated with historic preservation, including the identification and treatment of
I!!
historic properties as those properties are defined in the National Historic Preservation
Act of 1966, as amended (54 U.S.C. 300101-307108). All costs incurred by the
Government for such work (including the mitigation of adverse effects other than data
recovery) shall be included in construction costs and shared in accordance with the
provisions of this Agreement. If historic properties are discovered during construction
and the effect(s) of construction are determined to be adverse, strategies shall be
developed to avoid, minimize, or mitigate these adverse effects. In accordance with 54
U.S.C. 312507, up to 1 percent of the total amount authorized to be appropriated for the
Project may be applied toward data recovery of historic properties and such costs shall
be borne entirely by the Government. In the event that costs associated with data
recovery of historic properties exceed 1 percent of the total amount authorized to be
appropriated for the Project, in accordance with 54 U.S.C. 312508, the Government will
seek a waiver from the 1 percent limitation under 54 U.S.C. 312507 and upon receiving
the waiver, will proceed with data recovery at full Federal expense. Nothing in this
Agreement shall limit or otherwise prevent the Non -Federal Sponsor from voluntarily
contributing costs associated with data recovery that exceed 1 percent.
E. When the District Commander determines that construction of the Project, or a
functional portion thereof, is complete, the District Commander shall so notify the Non -
Federal Sponsor in writing within 30 calendar days of such determination, and the Non -
Federal Sponsor, at no cost to the Government, shall operate, maintain, repair,
rehabilitate, and replace the Project, or such functional portion thereof. Such activities
will generally consist of site inspection, managing vegetation, replacing damaged
rock or project features as necessary to retain design function. The Government
shall furnish the Non -Federal Sponsor with an Operation, Maintenance, Repair,
Rehabilitation, and Replacement Manual (hereinafter the "OMRR&R Manual") and
copies of all as -built drawings for the completed work.
1. The Non -Federal Sponsor shall conduct its operation, maintenance,
repair, rehabilitation, and replacement responsibilities in a manner consistent with the
Project's authorized purpose and in accordance with applicable Federal laws and
regulations, and the Government's specific directions in the OMRR&R Manual. The
Government and the Non -Federal Sponsor shall consult on any subsequent updates or
amendments to the OMRR&R Manual.
2. The Government may enter, at reasonable times and in a reasonable
manner, upon real property interests that the Non -Federal Sponsor now or hereafter
owns or controls to inspect the Project, and, if necessary, to undertake any work
necessary to the functioning of the Project for its authorized purpose. If the Government
determines that the Non -Federal Sponsor is failing to perform its obligations under this
Agreement and the Non -Federal Sponsor does not correct such failures within a
reasonable time after notification by the Government, the Government, at its sole
discretion, may undertake any operation, maintenance, repair, rehabilitation, or
replacement of the Project. No operation, maintenance, repair, rehabilitation, or
replacement by the Government shall relieve the Non -Federal Sponsor of its obligations
5
under this Agreement or preclude the Government from pursuing any other remedy at
law or equity to ensure faithful performance of this Agreement.
F. The Non -Federal Sponsor shall not use Federal Program funds to meet any of
its obligations under this Agreement unless the Federal agency providing the funds
verifies in writing that the funds are authorized to be used for the Project. Federal
program funds are those funds provided by a Federal agency, plus any non -Federal
contribution required as a matching share therefor.
G. In addition to the ongoing, regular discussions between the parties regarding
Project delivery, the Government and the Non -Federal Sponsor may establish a Project
Coordination Team to discuss significant issues or actions. The Government's costs for
participation on the Project Coordination Team shall not be included in construction
costs that are cost shared but shall be included in calculating the Federal Participation
Limit. The Non -Federal Sponsor's costs for participation on the Project Coordination
Team shall not be included in construction costs that are cost shared and shall be paid
solely by the Non -Federal Sponsor without reimbursement or credit by the Government.
H. Notwithstanding any other provision of this Agreement, the Non -Federal
Sponsor shall be responsible for all costs in excess of the Federal Participation Limit.
I. The Non -Federal Sponsor may request in writing that the Government perform
betterments on Non -Federal Sponsor's behalf. Each request shall be subject to review
and written approval by the Division Commander. If the Government agrees to such
request, the Non -Federal Sponsor, in accordance with Article VI.F., must provide funds
sufficient to cover the costs of such work in advance of the Government performing the
work. In addition, the Non -Federal Sponsor is responsible for providing, at no cost to the
Government, any additional real property interests, relocations, and placement area
improvements determined by the Government to be required for construction, operation,
and maintenance of such work.
J. If, after completing the design portion of the Project, the parties mutually agree
in writing not to proceed with construction of the Project, the parties shall conclude their
activities relating to the Project and proceed to a final accounting in accordance with
Article VI.E.
ARTICLE III - REAL PROPERTY INTERESTS, PLACEMENT AREA
IMPROVEMENTS, AND RELOCATIONS
A. The Government, after consultation with the Non -Federal Sponsor, shall
determine the real property interests required for construction, operation, and
maintenance of the Project. The Government shall provide the Non -Federal Sponsor
with general written descriptions, including maps as appropriate, of the real property
interests that the Government determines the Non -Federal Sponsor must provide for
construction, operation, and maintenance of the Project, and shall provide the Non -
Federal Sponsor with a written notice to proceed with acquisition. Prior to initiating
n
acquisition and in accordance with Article IV.A., the Non -Federal Sponsor shall
investigate to verify that HTRW does not exist in, on, or under the real property interests
required for construction, operation, and maintenance of the Project. Subject to the
requirements in Article IV.B., the Non -Federal Sponsor shall acquire the real property
interests and shall provide the Government with authorization for entry thereto
according to the Government's construction schedule for the Project. The Non -Federal
Sponsor shall ensure that real property interests provided for the Project are retained in
public ownership for uses compatible with the authorized purposes of the Project.
B. The Government, after consultation with the Non -Federal Sponsor, shall
determine the placement area improvements required for construction, operation, and
maintenance of the Project, provide the Non -Federal Sponsor with general written
descriptions, including maps as appropriate, of such improvements, and provide the
Non -Federal Sponsor with a written notice to proceed with such improvements. The
Non -Federal Sponsor shall construct the improvements in accordance with the
Government's construction schedule for the Project.
C. The Government, after consultation with the Non -Federal Sponsor, shall
determine the relocations required for construction, operation, and maintenance of the
Project, provide the Non -Federal Sponsor with general written descriptions, including
maps as appropriate, of such relocations, and provide the Non -Federal Sponsor with a
written notice to proceed with such relocations. The Non -Federal Sponsor shall perform
or ensure the performance of these relocations in accordance with the Government's
construction schedule for the Project.
D. To the maximum extent practicable, no later than 30 calendar days after the
Government provides the Non -Federal Sponsor with written descriptions and maps of
the real property interests, placement area improvements, and relocations required for
construction, operation, and maintenance of the Project, the Non -Federal Sponsor may
request in writing that the Government acquire all or specified portions of such real
property interests, construct placement area improvements, or perform the necessary
relocations. If the Government agrees to such a request, the Non -Federal Sponsor, in
accordance with Article VI.F., must provide funds sufficient to cover the costs of the
acquisitions, placement area improvements, or relocations in advance of the
Government performing the work. The Government shall acquire the real property
interests, construct the placement area improvements, and perform the relocations,
applying Federal laws, policies, and procedures. The Government shall acquire real
property interests in the name of the Non -Federal Sponsor except, if acquired by
eminent domain, the Government shall convey all of its right, title and interest to the
Non -Federal Sponsor by quitclaim deed or deeds. The Non -Federal Sponsor shall
accept delivery of such deed or deeds. The Government's provision of real property
interests, placement area improvements, or performing relocations on the Non -Federal
Sponsor's behalf does not alter the Non -Federal Sponsor's responsibility under Article
IV for the performance and costs of any HTRW cleanup and response related thereto.
7
E. In acquiring the real property interests for the Project, the Non -Federal
Sponsor assures the Government that it will comply with the following:
1. fair and reasonable relocation payments and assistance shall be
provided to or for displaced persons, as are required to be provided by a Federal
agency under 42 U.S.C. 4622, 4623 and 4624;
2. relocation assistance programs offering the services described in 42
U.S.C. 4625 shall be provided to such displaced persons;
3. within a reasonable period of time prior to displacement, comparable
replacement dwellings will be available to displaced persons in accordance with 42
U.S.C. 4625(c)(3);
4. in acquiring real property, the Non -Federal Sponsor will be guided, to
the greatest extent practicable under State law, by the land acquisition policies in 42
U.S.C. 4651 and the provisions of 42 U.S.C. 4652; and
5. property owners will be paid or reimbursed for necessary expenses as
specified in 42 U.S.C. 4653 and 4654.
ARTICLE IV - HTRW
A. The Non -Federal Sponsor shall be responsible for undertaking any
investigations to identify the existence and extent of any HTRW regulated under
applicable law that may exist in, on, or under real property interests required for
construction, operation, and maintenance of the Project.
B. In the event it is discovered that HTRW exists in, on, or under any of the real
property interests needed for construction, operation, and maintenance of the Project,
the Non -Federal Sponsor and the Government shall provide written notice to each other
within 15 calendar days of such discovery, in addition to providing any other notice
required by applicable law. If HTRW is discovered prior to acquisition, the Non -Federal
Sponsor shall not proceed with the acquisition of such real property interests until the
parties agree that the Non -Federal Sponsor should proceed. If HTRW is discovered
after acquisition of the real property interests, no further Project activities within the
contaminated area shall proceed until the parties agree on an appropriate course of
action.
C. If HTRW is found to exist in, on, or under any required real property interests,
the parties shall consider any liability that might arise under applicable law and
determine whether to initiate construction, or if already initiated, whether to continue,
suspend, or terminate construction.
1. Should the parties initiate or continue construction, the Non -Federal
Sponsor shall be solely responsible, as between the Government and the Non -Federal
n.
Sponsor, for the performance and costs of HTRW cleanup and response, including the
costs of any studies and investigations necessary to determine an appropriate response
to the contamination. The Non -Federal Sponsor shall pay such costs without
reimbursement or credit by the Government. In no event will the Government proceed
with that construction before the Non -Federal Sponsor has completed the required
cleanup and response actions.
2. In the event the parties cannot reach agreement on how to proceed or
the Non -Federal Sponsor fails to discharge its responsibilities under this Article upon
direction by the Government, the Government may suspend or terminate construction.
Additionally, the Government may undertake any actions it determines necessary to
avoid a release of such HTRW with the Non -Federal Sponsor responsible for such costs
without credit or reimbursement by the Government.
D. In the event of a HTRW discovery, the Non -Federal Sponsor and the
Government shall initiate consultation with each other within 15 calendar days in an
effort to ensure that responsible parties bear any necessary cleanup and response
costs as required by applicable law. Any decision made pursuant to this Article shall not
relieve any third party from any HTRW liability that may arise under applicable law.
E. To the maximum extent practicable, the Government and Non -Federal
Sponsor shall perform their responsibilities under this Agreement in a manner that will
not cause HTRW liability to arise under applicable law.
F. As between the Government and the Non -Federal Sponsor, the Non -Federal
Sponsor shall be considered the owner and operator of the Project for purposes of
CERCLA liability or other applicable law.
ARTICLE V - CREDIT FOR REAL PROPERTY INTERESTS, PLACEMENT AREA
IMPROVEMENTS, RELOCATIONS, AND IN -KIND CONTRIBUTIONS
A. The Government shall include in construction costs, and credit towards the
Non -Federal Sponsor's share of such costs, the value of Non -Federal Sponsor provided
real property interests, placement area improvements, and relocations, and the costs of
in -kind contributions determined by the Government to be required for the Project.
B. To the maximum extent practicable, no later than 3 months after it provides
the Government with authorization for entry onto a real property interest or pays
compensation to the owner, whichever occurs later, the Non -Federal Sponsor shall
provide the Government with documents sufficient to determine the amount of credit to
be provided for the real property interests in accordance with paragraph C.1. of this
Article. To the maximum extent practicable, no less frequently than on a quarterly basis,
the Non -Federal Sponsor shall provide the Government with documentation sufficient
for the Government to determine the amount of credit to be provided for other creditable
items in accordance with paragraph C. of this Article.
9
C. The Government and the Non -Federal Sponsor agree that the amount of
costs eligible for credit that are allocated by the Government to construction costs shall
be determined and credited in accordance with the following procedures, requirements,
and conditions and subject to audit in accordance with Article X.B. to determine
reasonableness, allocability, and allowability of costs.
1. Real Property Interests.
a. General Procedure. For each real property interest, the Non -
Federal Sponsor shall obtain an appraisal of the fair market value of such interest that is
prepared by a qualified appraiser who is acceptable to the parties. Subject to valid
jurisdictional exceptions, the appraisal shall conform to the Uniform Standards of
Professional Appraisal Practice. The appraisal must be prepared in accordance with the
applicable rules of just compensation, as specified by the Government.
(1) Date of Valuation. For any real property interests owned
by the Non -Federal Sponsor on the effective date of this Agreement and required for
construction performed after the effective date of this Agreement, the date the Non -
Federal Sponsor provides the Government with authorization for entry thereto shall be
used to determine the fair market value. For any real property interests required for in -
kind contributions covered by an In -Kind Memorandum of Understanding between the
Government and Non -Federal Sponsor (hereinafter the "In -Kind MOU"), the date of
initiation of construction shall be used to determine the fair market value. The fair
market value of real property interests acquired by the Non -Federal Sponsor after the
effective date of this Agreement shall be the fair market value of such real property
interests at the time the interests are acquired.
(2) Except for real property interests acquired through
eminent domain proceedings instituted after the effective date of this Agreement, the
Non -Federal Sponsor shall submit an appraisal for each real property interest to the
Government for review and approval no later than, to the maximum extent practicable,
60 calendar days after the Non -Federal Sponsor provides the Government with an
authorization for entry for such interest or concludes the acquisition of the interest
through negotiation or eminent domain proceedings, whichever occurs later. If, after
coordination and consultation with the Government, the Non -Federal Sponsor is unable
to provide an appraisal that is acceptable to the Government, the Government shall
obtain an appraisal to determine the fair market value of the real property interest for
crediting purposes.
(3) The Government shall credit the Non -Federal Sponsor
the appraised amount approved by the Government. Where the amount paid or
proposed to be paid by the Non -Federal Sponsor exceeds the approved appraised
amount, the Government, at the Non -Federal Sponsor's request, shall consider all
factors relevant to determining fair market value and, in its sole discretion, after
consultation with the Non -Federal Sponsor, may approve in writing an amount greater
than the appraised amount for crediting purposes.
10
b. Eminent Domain Procedure. For real property interests acquired
by eminent domain proceedings instituted after the effective date of this Agreement, the
Non -Federal Sponsor shall notify the Government in writing of its intent to institute such
proceedings and submit the appraisals of the specific real property interests to be
acquired for review and approval by the Government. If the Government provides
written approval of the appraisals, the Non -Federal Sponsor shall use the amount set
forth in such appraisals as the estimate of just compensation for the purpose of
instituting the eminent domain proceeding. If the Government provides written
disapproval of the appraisals, the Government and the Non -Federal Sponsor shall
consult to promptly resolve the issues that are identified in the Government's written
disapproval. In the event that the issues cannot be resolved, the Non -Federal Sponsor
may use the amount set forth in its appraisal as the estimate of just compensation for
the purpose of instituting the eminent domain proceeding. The fair market value for
crediting purposes shall be either the amount of the court award for the real property
interests taken or the amount of any stipulated settlement or portion thereof that the
Government approves in writing.
c. Waiver of Appraisal. Except as required by paragraph C.1.b. of
this Article, the Government may waive the requirement for an appraisal pursuant to this
paragraph if, in accordance with 49 C.F.R. Section 24.102(c)(2):
(1) the owner is donating the real property interest to the
Non -Federal Sponsor and releases the Non -Federal Sponsor in writing from its
obligation to appraise the real property interest, and the Non -Federal Sponsor submits
to the Government a copy of the owner's written release; or
(2) the Non -Federal Sponsor determines that an appraisal is
unnecessary because the valuation problem is uncomplicated and the anticipated value
of the real property interest proposed for acquisition is estimated at $25,000 or less,
based on a review of available data. When the Non -Federal Sponsor determines that an
appraisal is unnecessary, the Non -Federal Sponsor shall prepare the written waiver
valuation required by 49 C.F.R. Section 24.102(c)(2) and submit a copy thereof to the
Government for approval. When the anticipated value of the real property interest
exceeds $10,000, up to a maximum of $25,000, the Non -Federal Sponsor must offer
the owner the option of having the Non -Federal Sponsor appraise the real property
interest.
d. Incidental Costs. The Government shall include in construction
costs and credit towards the Non -Federal Sponsor's share of such costs, the incidental
costs the Non -Federal Sponsor incurred in acquiring any real property interests required
pursuant to Article III for the Project within a five-year period preceding the effective
date of this Agreement, or at any time after the effective date of this Agreement, that are
documented to the satisfaction of the Government. Such incidental costs shall include
closing and title costs, appraisal costs, survey costs, attorney's fees, plat maps,
mapping costs, actual amounts expended for payment of any relocation assistance
benefits provided in accordance with Article III.E., and other payments by the Non-
11
Federal Sponsor for items that are generally recognized as compensable, and required
to be paid, by applicable state law due to the acquisition of a real property interest
pursuant to Article III.
2. Placement Area Improvements. The Government shall include in
construction costs and credit towards the Non -Federal Sponsor's share of such costs,
the value of placement area improvements required for the Project. Only placement
area improvements constructed after the effective date of this Agreement are eligible for
credit, unless such placement area improvements were required for in -kind
contributions covered by an In -Kind MOU. The value shall be equivalent to the costs,
documented to the satisfaction of the Government, that the Non -Federal Sponsor
incurred to provide any placement area improvements required for the Project. Such
costs include actual costs of constructing the improvements; planning, engineering, and
design costs; and supervision and administration costs, but shall not include any costs
associated with betterments, as determined by the Government.
3. Relocations. The Government shall include in construction costs and
credit towards the Non -Federal Sponsor's share of such costs, the value of any
relocations performed by the Non -Federal Sponsor that are directly related to
construction, operation, and maintenance of the Project. Only relocations performed
after the effective date of this Agreement are eligible for credit, unless such relocations
were required for in -kind contributions covered by an In -Kind MOU.
a. For a relocation other than a highway, the value shall be only
that portion of relocation costs that the Government determines is necessary to provide
a functionally equivalent facility, reduced by depreciation, as applicable, and the salvage
value of any removed items.
b. For a relocation of a highway, which is any highway, roadway, or
street, including any bridge thereof, that is owned by a public entity, the value shall be
only that portion of relocation costs that would be necessary to accomplish the
relocation in accordance with the design standard that the State of Iowa would apply
under similar conditions of geography and traffic load, reduced by the salvage value of
any removed items.
c. Relocation costs, as determined by the Government, include
actual costs of performing the relocation; planning, engineering, and design costs; and
supervision and administration costs. Relocation costs do not include any costs
associated with betterments, as determined by the Government, nor any additional cost
of using new material when suitable used material is available.
4. In -Kind Contributions. The Government shall include in construction
costs and credit towards the Non -Federal Sponsor's share of such costs, the value of
in -kind contributions that are integral to the Project.
a. The value shall be equivalent to the costs, documented to the
satisfaction of the Government, that the Non -Federal Sponsor incurred to provide the in -
kind contributions, which may include engineering and design; construction; and
supervision and administration, but shall not include any costs associated with
betterments, as determined by the Government. Appropriate documentation includes
invoices and certification of specific payments to contractors, suppliers, and the Non -
Federal Sponsor's employees.
b. No credit shall be afforded for the following: interest charges, or
any adjustment to reflect changes in price levels between the time the in -kind
contributions are completed and credit is afforded; the value of in -kind contributions
obtained at no cost to the Non -Federal Sponsor; any in -kind contributions performed
prior to the effective date of this Agreement unless covered by an In -Kind MOU; or costs
that exceed the Government's estimate of the cost for such in -kind contributions.
5. Compliance with Federal Labor Laws. Any credit afforded under the
terms of this Agreement is subject to satisfactory compliance with applicable Federal
labor laws covering non -Federal construction, including, but not limited to, 40 U.S.C.
3141-3148 and 40 U.S.C. 3701-3708 (labor standards originally enacted as the Davis -
Bacon Act, the Contract Work Hours and Safety Standards Act, and the Copeland Anti -
Kickback Act), and credit may be withheld, in whole or in part, as a result of the Non -
Federal Sponsor's failure to comply with its obligations under these laws.
D. Notwithstanding any other provision of this Agreement, the Non -Federal
Sponsor shall not be entitled to credit or reimbursement for real property interests that
were previously provided as an item of local cooperation for another Federal project or
for real property interests that are part of the tract of land on which the facility or
structure to be protected is located, if such tract of land was owned by either the Non -
Federal Sponsor or the owner of such facility or structure on the effective date of this
Agreement.
ARTICLE VI - PAYMENT OF FUNDS
A. As of the effective date of this Agreement, construction costs are projected to
be $5,216,000, with the Government's share of such costs projected to be $3,390,400
and the Non -Federal Sponsor's share of such costs projected to be $1,825,600, which
includes the 5 percent contribution of funds projected to be $260,800, creditable real
property interests, relocations, and placement area improvements projected to be
$118,000, creditable in -kind contributions projected to be $0.00 (Zero), and the
additional amount of funds required to meet the minimum 35 percent cost share
projected to be $1,446,200. Average annual costs for operation, maintenance, repair,
replacement, and rehabilitation of the Project are projected to be $24,000. Costs for
betterments are projected to be $0.00 (Zero). These amounts are estimates only that
are subject to adjustment by the Government and are not to be construed as the total
financial responsibilities of the Government and the Non -Federal Sponsor.
13
B. The Government shall provide the Non -Federal Sponsor with monthly reports
setting forth the estimated construction costs and the Government's and Non -Federal
Sponsor's estimated shares of such costs; costs incurred by the Government, using
both Federal and Non -Federal Sponsor funds, to date; the amount of funds provided by
the Non -Federal Sponsor to date; the estimated amount of any creditable real property
interests, placement area improvements, and relocations; the estimated amount of any
creditable in -kind contributions; and the estimated amount of funds required from the
Non -Federal Sponsor during the upcoming fiscal year.
C. The Non -Federal Sponsor shall provide the funds required to meet its share of
construction costs by delivering a check payable to "FAO, USAED, Rock Island
District (1135)" to the District Commander, or verifying to the satisfaction of the
Government that the Non -Federal Sponsor has deposited such required funds in an
escrow or other account acceptable to the Government, with interest accruing to the
Non -Federal Sponsor, or by providing an Electronic Funds Transfer of such required
funds in accordance with procedures established by the Government.
D. The Government shall draw from the funds provided by the Non -Federal
Sponsor to cover the non -Federal share of construction costs as those costs are
incurred. If the Government determines at any time that additional funds are needed
from the Non -Federal Sponsor to cover the Non -Federal Sponsor's required share of
such construction costs, the Government shall provide the Non -Federal Sponsor with
written notice of the amount of additional funds required. Within 60 calendar days from
receipt of such notice, the Non -Federal Sponsor shall provide the Government with the
full amount of such additional required funds.
E. Upon completion of construction and resolution of all relevant claims and
appeals and eminent domain proceedings, the Government shall conduct a final
accounting and furnish the Non -Federal Sponsor with the written results of such final
accounting. Should the final accounting determine that additional funds are required
from the Non -Federal Sponsor, the Non -Federal Sponsor, within 60 calendar days of
receipt of written notice from the Government, shall provide the Government with the full
amount of such additional required funds by delivering a check payable to "FAO,
USAED, Rock Island District (1135) to the District Commander, or by providing an
Electronic Funds Transfer of such funds in accordance with procedures established by
the Government. Such final accounting does not limit the Non -Federal Sponsor's
responsibility to pay its share of construction costs, including contract claims or any
other liability that may become known after the final accounting. If the final accounting
determines that funds provided by the Non -Federal Sponsor exceed the amount of
funds required to meet its share of construction costs, the Government shall refund
such excess amount, subject to the availability of funds for the refund.
F. If the Government agrees to acquire or perform, as applicable, real property
interests, placement area improvements, relocations, or betterments on the Non -
Federal Sponsor's behalf, the Government shall provide written notice to the Non -
Federal Sponsor of the amount of funds required to cover such costs. No later than 60
0
calendar days of receipt of such written notice, the Non -Federal Sponsor shall make the
full amount of such required funds available to the Government through either payment
method specified in Article VI.E. If at any time the Government determines that
additional funds are required to cover such costs, the Non -Federal Sponsor shall
provide those funds within 30 calendar days from receipt of written notice from the
Government. If the Government determines that funds provided by the Non -Federal
Sponsor exceed the amount that was required for the Government to complete such
work, the Government shall refund any remaining unobligated amount.
ARTICLE VII - TERMINATION OR SUSPENSION
A. If at any time the Non -Federal Sponsor fails to fulfill its obligations under this
Agreement, the Government may suspend or terminate construction of the Project
unless the Assistant Secretary of the Army (Civil Works) determines that continuation of
such work is in the interest of the United States or is necessary in order to satisfy
agreements with other non -Federal interests.
B. If the Government determines at any time that the Federal funds made
available for construction of the Project are not sufficient to complete such work, the
Government shall so notify the Non -Federal Sponsor in writing within 30 calendar days,
and upon exhaustion of such funds, the Government shall suspend construction until
there are sufficient funds appropriated by the Congress and funds provided by the Non -
Federal Sponsor to allow construction to resume.
C. If HTRW is found to exist in, on, or under any required real property interests,
the parties shall follow the procedures set forth in Article IV.
D. In the event of termination, the parties shall conclude their activities relating to
design and construction of the Project. To provide for this eventuality, the Government
may reserve a percentage of available funds as a contingency to pay the costs of
termination, including any costs of resolution of real property acquisition, resolution of
contract claims, and resolution of contract modifications.
E. Any suspension or termination shall not relieve the parties of liability for any
obligation incurred. Any delinquent payment owed by the Non -Federal Sponsor
pursuant to this Agreement shall be charged interest at a rate, to be determined by the
Secretary of the Treasury, equal to 150 per centum of the average bond equivalent rate
of the 13 week Treasury bills auctioned immediately prior to the date on which such
payment became delinquent, or auctioned immediately prior to the beginning of each
additional 3 month period if the period of delinquency exceeds 3 months.
ARTICLE VIII - HOLD AND SAVE
The Non -Federal Sponsor shall hold and save the Government free from all
damages arising from design, construction, operation, maintenance, repair,
15
rehabilitation, and replacement of the Project, except for damages due to the fault or
negligence of the Government or its contractors.
ARTICLE IX - DISPUTE RESOLUTION
As a condition precedent to a party bringing any suit for breach of this
Agreement, that party must first notify the other party in writing of the nature of the
purported breach and seek in good faith to resolve the dispute through negotiation. If
the parties cannot resolve the dispute through negotiation, they may agree to a mutually
acceptable method of non -binding alternative dispute resolution with a qualified third
party acceptable to the parties. Each party shall pay an equal share of any costs for the
services provided by such a third party as such costs are incurred. The existence of a
dispute shall not excuse the parties from performance pursuant to this Agreement.
ARTICLE X - MAINTENANCE OF RECORDS AND AUDITS
A. The parties shall develop procedures for the maintenance by the Non -Federal
Sponsor of books, records, documents, or other evidence pertaining to costs and
expenses for a minimum of three years after the final accounting. The Non -Federal
Sponsor shall assure that such materials are reasonably available for examination,
audit, or reproduction by the Government.
B. The Government may conduct, or arrange for the conduct of, audits of the
Project. Government audits shall be conducted in accordance with applicable
Government cost principles and regulations. The Government's costs of audits shall not
be included in construction costs, but shall be included in calculating the Federal
Participation Limit.
C. To the extent permitted under applicable Federal laws and regulations, the
Government shall allow the Non -Federal Sponsor to inspect books, records,
documents, or other evidence pertaining to costs and expenses maintained by the
Government, or at the Non -Federal Sponsor's request, provide to the Non -Federal
Sponsor or independent auditors any such information necessary to enable an audit of
the Non -Federal Sponsor's activities under this Agreement. The Non -Federal Sponsor
shall pay the costs of non -Federal audits without reimbursement or credit by the
Government.
ARTICLE XI - RELATIONSHIP OF PARTIES
In the exercise of their respective rights and obligations under this Agreement,
the Government and the Non -Federal Sponsor each act in an independent capacity,
and neither is to be considered the officer, agent, or employee of the other. Neither
party shall provide, without the consent of the other party, any contractor with a release
that waives or purports to waive any rights a party may have to seek relief or redress
against that contractor.
16
ARTICLE XII - NOTICES
A. Any notice, request, demand, or other communication required or permitted to
be given under this Agreement shall be deemed to have been duly given if in writing
and delivered personally or mailed by registered or certified mail, with return receipt, as
follows:
If to the Non -Federal Sponsor:
Mayor
City of Dubuque
50 W. 13t" Street
Dubuque, IA 52001
If to the Government:
District Commander
U.S. Army Corps of Engineers,
Rock Island District
P.O. Box 2004
Rock Island, IL 61204-2004
B. A party may change the recipient or address to which such communications
are to be directed by giving written notice to the other party in the manner provided in
this Article.
ARTICLE XIII - CONFIDENTIALITY
To the extent permitted by the laws governing each party, the parties agree to
maintain the confidentiality of exchanged information when requested to do so by the
providing party.
ARTICLE XIV - THIRD PARTY RIGHTS, BENEFITS, OR LIABILITIES
Nothing in this Agreement is intended, nor may be construed, to create any
rights, confer any benefits, or relieve any liability, of any kind whatsoever in any third
person not a party to this Agreement.
17
IN WITNESS WHEREOF, the parties hereto have executed this Agreement,
which shall become effective upon the date it is signed by the ROCK ISLAND
DISTRICT COMMANDER.
DEPARTMENT OF THE ARMY
M-
Jesse T. Curry
Colonel, US Army
Commander & District Engineer
DATE:
CITY OF DUBUQUE, IOWA
BY:
Brad M. Cavan
avW-
Mayor,
City of Dubuque, Iowa
DATE: DeCemheP 5, aoaa
in
NON-FEDERAL SPONSOR'S
SELF -CERTIFICATION OF FINANCIAL CAPABILITY
FOR AGREEMENTS
I, , do hereby certify that I am the Chief Financial
Officer [Director of Finance and Budget] of the City of Dubuque (the "Non -Federal
Sponsor"); that I am aware of the financial obligations of the Non -Federal Sponsor for
the City of Dubuque Forced Sewer Main — Section 14 Project; and that the Non -Federal
Sponsor has the financial capability to satisfy the Non -Federal Sponsor's obligations
under the Project Partnership Agreement.
IN WITNESS WHEREOF, I have made and executed this certification this
day of ,
BY: 4__11_,Z_
Jenny Larson
Director of Finance and Budget
CERTIFICATE OF AUTHORITY
I, , do hereby certify that I am the principal legal
officer for the City of Dubuque, that the City of Dubuque is a legally constituted
public body with full authority and legal capability to perform the terms of the
Project Partnership Agreement between the Department of the Army and the
City of Dubuque in connection with the City of Dubuque Forced Sewer Main —
Section 14 Project and to pay damages, if necessary, in the event of the failure to
perform in accordance with the terms of this Project Partnership Agreement, as
required by Section 221 of Public Law 91-611, as amended (42 U.S.C. 1962d-
5b), and that the person who executed this Project Partnership Agreement on
behalf of the City of Dubuque acted within his statutory authority.
IN WITNESS WHEREOF, I have made and executed this certification this
day of 20
Crenna Brumwell
City Attorney
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf
of the undersigned, 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 the awarding of any
Federal contract, the making of any Federal grant, the making of any Federal loan, the
entering into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(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 of Congress, or an
employee of a Member of Congress in connection with this Federal contract, grant,
loan, or cooperative agreement, the undersigned shall complete and submit Standard
Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned 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.
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 31 U.S.C. 1352.
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.
Brad M. Cavapag
Mayor,
City of Dubuque
DATE: aOaa
CERTIFICATION OF LEGAL REVIEW
The Project Partnership Agreement for the City of Dubuque, Dubuque County, Iowa,
Continuing Authorities Program Section 14, Emergency Streambank Protection, City
of Dubuque Forced Sewer Main Project has been fully reviewed by the Office of
Counsel, USAED, Rock Island, and the draft agreement is legally sufficient.
Review By:
KEYS.AMY.L.15560427 Digitally signed by
KEYS.AMY. L.1556042710
10 Date: 2022.08.10 14:51:15-05'00'
Amy Keys, Assistant District Counsel
Approved By:
Rian Hancks, District Counsel
Date: to ZZ
DISTRICT COMMANDER'S CERTIFICATION/APPROVAL OF
PROJECT PARTNERSHIP AGREEMENT PACKAGE
I attest that the CAP Project Partnership Agreement (PPA) package for the City of
Dubuque, Dubuque County, Iowa, Continuing Authorities Program Section 14,
Emergency Streambank Protection, City of Dubuque — Forced Sewer Main Project is
consistent with Army policy and has been reviewed for legal sufficiency by the District
Counsel. In addition, I attest that (1) the PPA does not deviate from the approved model
PPA, (2) PPA funds have been appropriated and are available for the project, and (3)
the Project Management Plan was prepared in coordination with the Non -Federal
Sponsor and approved by the Rock Island District on 17 December 2020. Accordingly, I
approve the PPA IAW the delegated authority provided by memorandum, CECW-P,
dated 5 October 2018, subject: Section 14 Emergency Streambank Erosion of Shoreline
Protection —Approved Model Project Partnership Agreement.
JESSE T. CURRY
COL, EN
Commanding
DATE: 11 August 2022
CITY OF DUBUQUE, DUBUQUE COUNTY, IOWA,
CONTINUING AUTHORITIES PROGRAM SECTION 14,
EMERGENCY STREAMBANK PROTECTION,
FORCED SEWER MAIN PROJECT
FUNDS ALLOCATION TABLE
Federal and Non -Federal Schedule of Costs ($1000s)
FY
TPC
LERRD
Other NFS
Contributions
Construction
%
NFS
Cash
NFS
Total
Federal
FY23
$5,216
$118
$0
$5,098
100%
$1,707.6
$1,825.6
$3,390.4
Total
$5,216
$118
$0
$5,098
100%
$1,707.6
$1,825.6
$3,390.4