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East-West Corridor Capacity Improvements Approve Amended Federal-Aid SWAP Funding Agreement Iowa DOT Project Iowa DOT AgreementCity of Dubuque City Council Meeting Consent Items # 016. Copyrighted July 1, 2024 ITEM TITLE: East-West Corridor Capacity Improvements Approve Amended Federal - Aid SWAP Funding Agreement Iowa DOT Project Iowa DOT Agreement SUMMARY: City Manager recommending approval and authorization for the Mayor to execute an Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. RESOLUTION Approving an Amended Federal -Aid Swap Funding Agreement (6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the Development and Advancement of East-West Corridor Capacity Improvements SUGGESTED Suggested Disposition: Receive and File; Adopt Resolution(s) DISPOSITION: ATTACHMENTS: Description MVM Memo Staff Memo Resolution Type City Manager Memo Staff Memo Resolutions Agreement Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Capacity Improvements Approve Amended Federal -Aid SWAP Funding Agreement Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 Iowa DOT Agreement No. 6-19-STBG-SWAP-040-A DATE: June 26, 2024 Dubuque All -America City IN 2007.2012.2013 2017*2019 Assistant City Engineer Robert Schiesl is recommending City Council approval and authorization for the Mayor to execute an Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. I concur with the recommendation and respectfully request Mayor and City Council approval. k�4 Mic ael C. Van Milligen MCVM:sv Attachment CC' Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Jenny Larson, Chief Financial Officer Nathan Steffen, Civil Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Robert Schiesl, Assistant City Engineer DATE: June 25, 2024 SUBJECT: East-West Corridor Capacity Improvements Approve Amended Federal -Aid SWAP Funding Agreement Iowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 Iowa DOT Agreement No. 6-19-STBG-SWAP-040-A INTRODUCTION Dubuque All -America City 2007.2012.2013 2017*2019 The purpose of this memorandum is to provide information and to request City Council approval and authorization for the Mayor to execute an Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. BACKGROUND Original funding to complete the Preliminary Engineering Design and Environmental Clearance Phase, property acquisition, and portions of construction for the East-West Corridor Capacity Improvements were to utilize SWAP funds in the amount of $7,560,000. In December 2019, a SWAP Funding Agreement (Agreement No. 6-19- STBG-SWAP-039) was executed between the City and the Iowa DOT. In December of 2021, the Mayor and City Council approved the selection of HDR, Inc. as the Consultant to complete the Preliminary Engineering Design and Environmental Clearance Phases of the project. The HDR Consultant Contract for the East-West Corridor Capacity Improvements was funded through the approved SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-039). In March of 2022, with the Infrastructure Investment and Jobs Act (IIJA) funding allocation to the State of Iowa, the Iowa DOT announced the increase in new federal funds required additional Primary Road Funds (PRF) to be used as the State's local match, which impacted the Iowa DOT's ability to provide SWAP funds for Local Public Agency (City) projects. In February 2023, all programs transitioned from SWAP to Federal -aid funds. Based on discussions with Iowa DOT staff, they have agreed that the current HDR Contract for the Engineering Design and Environmental Clearance Phase can be completed and funded utilizing SWAP (100%) funding already committed. However, moving forward, SWAP funds will no longer be available, and Federal -aid (80%/20%) funding can only be used for construction costs. DISCUSSION The Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG- SWAP-040-A) provides clarification on what are eligible costs (only preliminary design and environmental) utilizing the SWAP funding allocation. The Amended Agreement also revises the eligible funding amount from the original $7,560,000, to the amended amount of $1,190,175, which is the amount of the current HDR Consultant Professional Services Contract. The balance of the funding, $6,369,825 ($7,560,000 - $1,190,175 = $6,369,825) has been reallocated through DMATS as Federal -aid STBG funds. As previously stated, moving forward, and Federal -aid (80%/20%) funding can only be used for construction. As a result, the federal DMATS STBG funds can only pay for 80% of eligible construction costs so the City must identify local funding or grants to pay 20% of the local match costs. Additionally, the City will need to identify funding to cover 100% of the costs for the future final design phase and property acquisition. Since the City cannot leave the existing DMATS STBG funding allocation to just wait for these additional funding sources to be identified, the Mayor, City Council, and DMATS Board reallocated the $6,369,825 in federal STBG funds from the East-West Corridor project to assist in funding the B2E2 RAISE Capital Implementation Grant. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6- 19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the East-West Corridor Capacity Improvements. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation (Iowa DOT) for the East-West Corridor Capacity Improvements. Prepared by Robert Schiesl, Assistant City Engineer cc: Gus Psihoyos, City Engineer Jenny Larson, Chief Financial Officer Nathan Steffen, Civil Engineer Dillon Feldmann, Iowa DOT F:\PROJECTS\EAST-WEST CORRIDOR CAPACITY IMPROVEMENTS\Funding Agreement - SWAP Prepared by: Robert Schiesl, City of Dubuque Engineering, 50 W. 1311 Street. Dubuque. !A 52001 (563)589-4270 Return to: Adreinne N. Breitfelder, City Clerk, 50W 13« Street, Dubuque, IA 52001 (563)589-4100 RESOLUTION NO. 213-24 ., RESOLUTION APPROVING AN AMENDED FEDERAL -AID SWAP FUNDING AGREEMENT (6-19-STBG-SWAP-040-A) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT AND ADVANCEMENT OF EAST - WEST CORRIDOR CAPACITY IMPROVEMENTS WHEREAS, the City of Dubuque is proceeding with East-West Corridor Capacity Improvements; and WHEREAS, the original Federal -Aid 6-19-STBG-SWAP-039) was approved ant the City and the Iowa DOT; and SWAP Funding Agreement (Agreement No. executed on December 20, 2019, between WHEREAS, the Amended Federai-Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) provides clarification on what are eligible costs (only preliminary design and environmental) utilizing the SWAP funding allocation; and WHEREAS, the Amended Agreement also revises the eligible funding amount from the original $7,560,000, to the amended amount of $1,190,175, which is the amount of the current HDR, Inc. Consultant Professional Services Contract. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: SECTION 1. That said Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the development and advancement of East-West Corridor Capacity Improvements is hereby approved. SECTION 2. That the Mayor is authorized and directed to execute said Amended Federal -Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-040-A) with the Iowa Department of Transportation for the development and advancement of East- West Corridor Capacity Improvements. Passed, approved, and adopted this 1st day of July 2024. .•IL.•.•� • Attest: Adrienne N. Breitfelder, CMC City Clerk November 2023 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(698)--SG-31 Iowa DOT Agreement No.: 6-23-STBG-SWAP-040-A 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. The RECIPIENT and the DEPARTMENT previously entered into Agreement No. 6-19-STBG-SWAP-039 for the above referenced project. Subsequent to the execution of Agreement No. 6-19-STBG-SWAP-039, the DEPARTMENT requires that the RECIPIENT convert remaining Federal -aid Swap funds to Federal -aid funds due to the implementation of the Infrastructure Investment and Jobs Act (IIJA). This agreement RESCINDS the original fully executed agreement 6-19-STBG-SWAP-039 dated December 20, 2019 and decreases the amount of Federal -aid Swap funds. 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 Preliminary Engineering 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 persons will be the Local Systems Project Development Engineer, Jenifer Bates, and Eastern Region Local Systems Field Engineer, Dillon Feldmann. The Recipient's contact person shall be the Assistant City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: PCC Pavement - New, in the City of Dubuque, on University Avenue, from Pennsylvania Avenue to Loras Boulevard 4. Eligible project activities will be limited to Preliminary Engineering. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible Preliminary Engineering. activities from STBG Federal -aid Swap funds. The portion of the Preliminary Engineering costs reimbursed by STBG Federal -aid Swap funds shall be up to $1,190,175.00 as stipulated by the East Central Intergovernmental Association: 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 Swap Project Agreement Page 2 11. 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 I Block By / Date 7u 1 y 20 •.� Title of ci ty official pp I, Adr e no-e nz i l �e 1 je-(- certify that I am the City Clerk of Dubuque, and that 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 day of J-U1y 20 Signed n'7� Date 11/- - - - - - - , 20 -R 9 City Clerk of Dubuque, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By Date 20 Dillon Feldmann, P.E. Local Systems Field Engineer Eastern Region Exhibit 1 General Agreement Provisions for use of Federal -aid Swap Funds on Non -primary Projects Unless otherwise specified in this agreement, the RECIPIENT shall be responsible for the following: 1. General Requirements. a. The RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the RECIPIENT, the DEPARTMENT has provided guidance in the Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot.gov/local systems/publications/im/lpa ims. The RECIPIENT shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the RECIPIENT shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The RECIPIENT shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the RECIPIENT shall make such facilities compliant with the ADA and Section 504. d. The RECIPIENT agrees to indemnify, defend, and hold the DEPARTMENT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DEPARTMENT's application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the DEPARTMENT shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the DEPARTMENT to appropriate funds sufficient to allow the DEPARTMENT to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de -appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the DEPARTMENT to make any payment hereunder are insufficient or unavailable for any other reason as determined by the DEPARTMENT in its sole discretion; or 3) If the DEPARTMENT's authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The DEPARTMENT shall provide the RECIPIENT with written notice of termination pursuant to this section. 2. Programming a. The RECIPIENT shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The RECIPIENT shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the DEPARTMENT, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the RECIPIENT shall submit a written request for acceptance to the DEPARTMENT. The DEPARTMENT will notify the RECIPIENT when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the DEPARTMENT's administering bureau shall be considered acceptance for construction. The DEPARTMENT will notify the RECIPIENT when acceptance is granted. 3. Design and Consultant Services a. The RECIPIENT shall be responsible for the design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the DEPARTMENT in the Guide and applicable I.M.s. 4. Environmental Requirements and other Agreements or Permits. a. The RECIPIENT shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the DEPARTMENT, or other agencies as required. The RECIPIENT shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4 — Environmental Regulations. 5. Right -of -Way, Railroads, and Utilities. a. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M. 3.600, Right -of -Way Acquisition, and the DEPARTMENT's Right of Way Bureau Local Public Agency Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the RECIPIENT shall obtain agreements, easements, or permits as needed from the railroad. The RECIPIENT shall follow the procedures in I.M. 3.670, Work on Railroad 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 the County and City a Non -Primary Federal -aid Road System" for projects on non -primary Federal -aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the RECIPIENT shall follow the DEPARTMENT's "Policy for Accommodating and Adjustment of Utilities on the Primary Road System" The RECIPIENT should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. 6. Contract Procurement. a. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of Iowa. c. The RECIPIENT shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the DEPARTMENT for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DEPARTMENT's Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. iii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents and return to DEPARTMENT. Note: The DEPARTMENT may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the DEPARTMENT in accordance with I.M. 3.710, Project Development Certification Instructions. The project will not be turned in for bid letting until the DEPARTMENT has reviewed and accepted the Project Development Certification. e. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 26.12. f. The RECIPIENT shall not provide the contractor with notice to proceed until after receiving written notice that the DEPARTMENT has concurred in the contract award. 7. Construction. a. The RECIPIENT shall follow the procedures in I.M. 6.000, Construction Inspection, and the DEPARTMENT's Construction Manual, as applicable, for conducting construction inspection activities. The RECIPIENT's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the RECIPIENT shall serve as the person in responsible charge of the 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 assistance from the DEPARTMENT. c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the DEPARTMENT's Standard Specifications for Highway and Bridge Construction and the RECIPIENT shall comply with the procedures and responsibilities for materials testing according to the DEPARTMENT's Materials I.M.s. Available on-line at: https://www.iowadot.gov/erl/index.html. e. If the DEPARTMENT provides any materials testing services to the RECIPIENT, the DEPARTMENT will bill the RECIPIENT for such testing services according to its normal policy as per Materials I.M. 103. 8. Reimbursements. a. The RECIPIENT will be initially responsible for all project costs. After costs have been incurred, the RECIPIENT shall submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi- weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the DEPARTMENT by August 1, if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the RECIPIENT, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The DEPARTMENT will reimburse the RECIPIENT for properly documented and certified claims for eligible project costs. The DEPARTMENT may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the DEPARTMENT determines the RECIPIENT has been overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. After the final review is complete and after the RECIPIENT has provided all required paperwork, the DEPARTMENT will release the funds withheld. e. The total funds collected by the RECIPIENT for this project shall not exceed the total project costs. The total funds collected shall include any funds received; for example, Federal funds not received through FHWA, any special assessments made by the RECIPIENT (exclusive of any associated interest or penalties) pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of-way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the RECIPIENT do exceed the total project costs, the RECIPIENT shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the DEPARTMENT. Within 30 days of completion of construction or other activities authorized by this agreement, the RECIPIENT shall provide written notification to the DEPARTMENT. The RECIPIENT shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal -aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the DEPARTMENT; reimbursed funds shall be returned, and a possible suspension may be placed on the RECIPIENT from receiving funds from the DEPARTMENT on future projects until the RECIPIENT has demonstrated responsible management of funds on roadway projects. b. For construction projects, the RECIPIENT shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of Iowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the DEPARTMENT accepts the project as complete. d. The RECIPIENT shall maintain all books, documents, papers, accounting records, reports, and other evidence pertaining to costs incurred for the project. The RECIPIENT shall also make this documentation available at all reasonable times for review by the DEPARTMENT. Copies of this documentation shall be furnished by the RECIPIENT if requested. Such documentation shall be retained for at least 3 years from the date of the DEPARTMENT's signature of the DEPARTMENT's Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). e. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT.