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Riprow Valley Trail Grant AgreeMEMORANDUM April 30, 2002 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Grant Agreement for the Riprow Valley Trailhead Project In March of 2002, the Iowa Department of Transportation awarded the City of Dubuque a $123,548 Federal Recreational Trails Program grant for bluff land protection and a trailhead connection for the Heritage Trail Extension through the Riprow Valley. The grant requires matching funds of $123,548, which will be funded through private donations. Planning Services Manager Laura Carstens recommends approval of the agreement with the IDOT for the $123,548 Federal Recreational Trails Program grant for trailhead acquisition. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM April 29, 2002 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager Grant Agreement for the Riprow Valley Trailhead Project This memo transmits a resolution and grant agreement with the Iowa Department of Transportation for acquisition of property in the Riprow Valley. In March of 2002, the IDOT awarded the City of Dubuque a $123,548 Federal Recreational Trails Program grant for bluffiand prOtection and a trailhead connection for the Heritage Trail Extension through the Riprow Valley. The grant requires matching funds of $123,548 which will be funded through private donations. I recommend that the City Council authorize the Mayor to execute the attached resolution and agreement with the IDOT for the $123,548 Federal Recreational Trails Program grant for trailhead acquisition. Attachments RESOLUTION NO. 235-02 RESOLUTION AUTHORIZING A GRANT AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR FEDERAL RECREATIONAL TRAIL FUNDS FOR ACQUISITION OF LAND IN THE RIPROW VALLEY Whereas, the Iowa Department of Transportation (IDOT) has Federal Recreational Trails funds available to develop recreational trails in cities; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riverfront Plan that include goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension through the Riprow Valley. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the City Council authorizes the Mayor to sign the grant agreement for Federal Recreational Trails funds to the IDOT for acquisition of property for bluffiand protection and a trailhead connection for the Heritage Trail Extension through the Riprow Valley, on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the property for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Attest: Passed, approved and adopted this 6th day of May, 2002. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk IOWA DEPARTMENT OF TRAINSPORTATION AGREEMENT FOR NATIONAL RECREATIONAL TRAILS FUNDING RECIPIENT: COUNTY: PROJECT NO.: AGREEMENT NO.: Dubuque, Iowa Dubuque NRT-NT03(2)-9G-31 2003-NT-002 This is an agreement between Dubuque, Iowa (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the Federal Recreational Trails Program of the Transportation Equity Act for the 21st Century (23 U.S.C. 206), Iowa Code Sections 307.12, and 307A.2 (1999) and Iowa Code Chapter 465B (1999). The application was approved for funding by an intergovernmental selection committee and submitted to the Federal Highway Administration for approval. Pursuant to the terms of this agreement, and applicable statutes and administrative roles, the DOT agrees to provide funding to the Recipient to aid in the development of a certain Federal Recreational Trails project. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: The Recipient shall be the lead local govermnental agency for carrying out the provisions of this agreement. All notices required under this agreement shall be made in writing to the DOT's and or the Recipient's contact person. The DOT's contact person shall be the District 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipiant's contact person shall be the Planning Services Manager, City of Dubuque. The Recipient shall be responsible for the development and completion of the following described Federal Recreational Trails project: Approximately 6.35 acres of land will be acquired in Riprow Valley which is proposed for use as a trail head for extension of the Dubuque Heritage Trail. See Exhibit A-1. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after the date of Federal Highway Administration authorization shall be paid from Federal Recreational Trails funds and other funds as listed below: Federal Recreational Trails Funds: Recipient Local Contribution: Project Total: $123,548 $123,548 $ 247,096 The detail of total project costs and various project elements is shown in Exhibit A-2. The local contribution stated above may include cash or non-cash contributions to the project. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the Recipient shall submit an appraisal ~om a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this Agreement. If, as a result of the DOT's determination, the Recipient's total cash and non~cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the mount of any Federal Recreational Trails grant and/or loan shall be reduced accordingly. The portion of the total project costs paid by Federal Recreational Trails funds shall not exceed the amount stated above ($123,548) or 50 percent of the total cost of the Federal Recreational Trails eligible items, whichever is the smaller'amount. The project plans, specifications and cost estimate ~hall be prepared and certified by either a professional engineer or landscape architect licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient.. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. In the event that right-of-way is required for the project listed in paragraph 3 of this agreement, said right-of-way will be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. The Recipient shall be responsible for obtaining uny permits, such as the Right to Occupy und/or Perform Work Within the Right-of-Way, Entrunce/Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other construction permits required for the project. Neither the approval of the Federal Recreational Trails application for funding nor the signing oftlfis agreement shall be construed as approval of any required permit from the DOT. 10. All Federal environmental regulations (compliunce with the National Environmental Policy Act (NEPA)) must be followed. Environmental clearunces must be approved by the Federal Highway Administration before project authorization. 11. It is the policy of the U.S. Department of Transportation (USDOT) that disadvuntaged business enterprises (DBE), as defined in 49 CFR Part 26, shall have the maximum oppommity to participate in the performance of contracts financed in whole or in part with Federal funds under the Trunsportation Equity Act for the 21a Century. This includes those contracts for construction of trails or acquisition of materials or equipment for the Federal Recreational Trails Program. While no specific commitment or numenc goal has been established for either Iowa's Federal Trails Program as a whole or this specific project, the Recipient is encouraged, in accordance with 49 CFR 26, to make a good faith effort to ensure that disadvantaged business enterprises have the maximum opportunity to compete for and perform contracts. 12. The Recipient shall conduct the project development und implementation in compliunce with applicable laws, ordinunces und administrative rules. In particular, the Recipient shall comply with all U. S. Department of Transportation und Federal Highway Administration regulations relating to the Federal Recreational Trails Funding Program. 13. Procurement procedures shall be as follows unless some other method is considered to be cost effective (such as the use of Recipient local forces), is proposed by the Recipient, and is approved by the DOT. A. Procurement by small purchase procedures. Small purchase procedures are those relatively simple and informal procurement methods for securing services, supplies, or other property that do not cost more (in aggregate) than $25,000 for cities and $50,000 for counties. If small purchase procedures are used, price or rate quotations will be obtained from an adequate number of qualified sources. B. Procurement by sealed bids (formal advertising). Bids are publicly solicited and a firm fixed-price (lump sum or unit price) is awarded to the responsible bidder whose bid, conforming with all the material terms and conditions of the invitation for bids, is the lowest in price. 14. 15. 16. 17. 18. Procurement by competitive proposals. The technique of competitive proposals is normally conducted with more than one source submitting an offer, and either a fixed- price or cost-reimbursement type contract is awarded. It is generally used when conditions are not appropriate for the use of sealed bids. Procurement by noncompetitive proposals is procuremem through solicitation of a proposal from only one source, or after solicitation of a number of sources, competition is determined inadequate. Procurement by noncompetitive proposals may be used only when the award of a contract is infeasible under small purchase procedures, sealed bids, or competitive proposals and one of the circumstances noted in 49 CFR 18.36-- Procurement. The Recipient shall notify the DOT of the procurement method it intends to use. If procurement method "C" or "D" above is selected, the Recipient shall include justification for its selection and obtain approval from the DOT. For projects let to sealed bid, the letting shall be conducted by the DOT's Office of Contracts unless specifically requested and approved otherwise by the parties hereto. If portions of the project are let to sealed bid by the Recipient, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. If the Recipient is not a political subdivision of the State of Iowa, the Recipient shall comply with the applicable laws, administrative rules and procedures for public purchasing and contracting as applicable to political subdivisions of the State of Iowa. The Recipient shall assure compliance with Section 165 of the Surface Transportation Assistance Act of 1982, 49 U.S.C. 1601, section 337 of the Surface Transportation and Uniform Relocation Assistance Act of 1987, and 49 CFR parts 660 and 661 regarding Buy America prox/isions on the procurement of foreign products and materials. The Recipient's contact person shall file quarterly progress reports with the DOT's contact person and Office of Systems Planning by January 15, April 15. July 15, and October 15 of each year that the project is under development. Ittese reports shall use forms provided by the DOT to the Recipient and shall include the project name and location, total approved Federal Recreational Trails Funds grant amount, total remaining grant amount, percentage of project completed, proposed (and revised) completion date. and an explanation if the project is behind schedule. Project activities or costs eligible for Federal Recreational Trails funding reimbursement include only those items set out in Exhibit B which is attached hereto and by this 19. 20. 21. 22. 23. 24. 25. 26. reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. Activities or costs ineligible for Federal Recreational Trails funding reimbursement include but are not limited to those items set out in Exhibit C which is attached hereto and by this reference incorporated into this agreement. The Recipient shall initiate project activities in a timely manner. The proposed timetable for project development is shown in Exhibit D which is attached hereto and by this reference incorporated into this agreement. If construction of the project has not commenced by the date shown in the timetable, this agreement may be considered to be in default. The Recipient may request the approval of the DOT to revise the beginning of construction date and the timetable. The request must be in writing and be submitted thirty (30) days prior to the date shown in the timetable. For projects let to contract, the Recipient shall insure that each contract includes the appropriate contract provisions as set forth in Exhibit E, which is attached hereto and by this reference incorporated into this agreement. The Recipient hereby certifies that the application for funding contains an official endorsement of the application which assures that the total trill used to justify the project shall be adequately maintained and made available for the intended public use for a minimum of 20 years after completion of the project. Any failure to comply with the endorsement may be considered to be a default of this agreement. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a professional engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with plans specifications and estimate for the project and with the terms of th/s agreement. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than ten percent, either by state warrant, or by crediting other accounts from which payment may have been initially made. Upon completion of the project described in this agreement, a professional engineer 27. 28. 29. 30. 31. licensed to practice in The State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal Recreational Trails funds, including any retainage, shall be made only after the DOT accepts the project as complete. The Recipient shall be responsible for the dally inspection of the project, and the compilation ora log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for Federal Recreational Trails funding reimbursement. All force account work performed on the project by a City or a County shall be audited by the DOT. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. If, in the opinion of the Recipient, the specific provisions of this agreement requiring the services of a professional engineer licensed to practice in the State of Iowa prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer licensed to practice in the State of Iowa shall be performed by the Recipient's contact person or designee. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of acceptance of cure or a notice of continued default. In the event a default is not cured the DOT shall revoke funding commitments and seek repayment of Federal Recreational Trails funds granted by this agreement. By signing this agreement the Recipient agrees to repay said Federal Recreational Trail funding, if they are found to be in default. The Recipient agrees to indemnify, defend and to hold the DOT harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, or inspection of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval 6 process, plan and construction reviews, and funding participation. 32. 34. 35. 36. 37. 38. The Recipient shall comply with all provisions of the State of Iowa and Federal equal employment opportunity requirements prohibiting discrimination and requiring affmuative action to assure equal employment opportunity as required by the Iowa Code Chapter 216 (1997). No person shall, on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state or federal funds from the DOT. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. This agreement is not assignable without the prior written consent of the DOT. It is the intent of both parties that no third party beneficiaries be created by this agreement. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (1997). Either party has the right to submit the matter to arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. DOT and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the state or federal courts absent exhaustion of the provisions of this paragraph for arbitration. 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 instrument. This agreement as set forth in paragraphs 1 through 38 herein, including referenced exhibits, constitutes the entire agreement between the DOT 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 must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2003-NT-002 as of the date shown opposite its signature below. City of Dubuque, Iowa: By: Terrance M. Duggan Title: Mayor May 6 ,2002 Ii Jeanne F. Schneider , certify that I am the Clerk of the City, and that Terrance M. Duqqan , 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 the6th dayof May ~2002 Signed: Jeanne F. Schneider, City Clerk of Dubuque, Iowa Date May 6, 2002 City~ff,~fk of Dubuque, Iowa Iowa Department of Transportation: By: Date ., 20 Stuart P. Anderson Acting Director Office of Systems Planning 8 9 EXHIBIT A-.Z lO EXHIBIT A '"'Z 11 12 [XHIBtT D T~ne $¢heihtte for Tr~i[he~d ~e~. Davelopment 13 EXHIBIT B Project activities or costs eligible for National Recreational Trails funding include only the following: A. Development of'urban trail linkages near homes and workplaces. B. Maintenance of existing recreational trails, including the grooming and maintenance o£trails across snow. Restoration of areas damaged by usage of recreational trails and back country terrain. Development of trail-side and trail-head facilities that meet goals identified by the National Recreational Trails Advisory Committee. Provision of features which facilitate the access and use of trails by persons with disabilities. Acquisition of easements for trails, or for trail corridors identified in a state trail plan. Acquisition of fee simple title to property from a willing seller, when the objective of the acquisition cannot be accomplished by acquisition of an easement or by other means. Construction of new trails on state, county, municipal, or private lands, where recreational need for such construction is shown. Only as otherwise permissible, and where necessary and required by a state Comprehensive Outdoor Recreational plan, construction is approved by the administering agency of the state, and the federal agency or agencies charged with management of all impacted lands, such approval to be contingent upon compliance by the federal agency with all applicable laws, including the National Environmental Policy Act (42 USC 4321 et seq.), the Forest and Rangeland Renewable Resources Planning Act of 1974, as amended (16 USC 1600 et seq.), and the Federal Land Policy and Management Act (42 USC 1701 et seq.). 14 EXHIBIT C Activities or costs ineligible for National Recreational Trails funding include but are not limited to the following: A. Condemnation of any kind of interest in property. B. Construction of any recreational trail on National Forest System land for motorized uses unless such lands: Co 1) have been allocated for uses other than wilderness by an approved forest land and resource management plan or have been released to uses other than wilderness by an act of Congress, and 2) such construction is otherwise consistent with the management direction in such approved land and resource management plan. Construction of any recreational trail on Bureau of Land Management land for motorized uses unless such lands: 1) have been allocated for uses other than wilderness by an approved Bureau of Land Management resource management plan or have been released to uses other than wilderness by an act of Congress, and 2) such construction is otherwise consistent with the management direction in such approved management plan. Upgrading, expanding or otherwise facilitating motorized use or access to trails predominantly used by non-motorized trail users and on which, as of May 1, 1991, motorized use is either prohibited or has not occurred. 15 16 The recipient shall assure that all contracts entered in furtherance of National Recreational Trails projects shall contain provisions as follows. 1. AH contracts shall: o mo contain notice of awarding agency requirements and regulations pertaining to reporting. contain a provision allowing access by the Iowa Deparmaent of Transportation, the Federal Highway Administration, the Comptroller General of the United States, or any of their duly authorized representatives to any records of the contractor which are directly pertinent to that specific contract for the purpose of making audit, examination, excerpts, and transcriptions. contain a provision requiring retention of all required records for three years after the contracting agency makes final payments and all other pending matters are closed. contain mandatory standards and policies relating to energy efficiency which are contained in the state energy conservation plan issued in compliance with the Energy Policy and Conservation Act (Pub. L. 94-163, 89 Stat. 871 ). All contracts for construction or repair shall require compliance with the Copeland "Anti-Kickback" Act (18 U.S.C. 874) as supplemented in Deparmaent of Labor regulations (29 CFR part 3). If the project is within a Federal-aid highway right-of-way and is in excess of $2,000, the contract shall require compliance with the Davis-Bacon Act (40 U.S.C. 276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR part 5). Construction contracts in excess of $2,000 and other contracts in excess of $2,500 which involve the employment of mechanics or laborers, shall require compliance with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act (40 U.S.C. 327-330) as supplemented by Department of Labo~ regulations (29 CFR part 5). If the contract is for more than $10,000, it shall provide for termination for cause and for convenience by the contracting agency, including the manner by which it will be effected and the basis for settlement. Construction contracts in excess of $10,000 shall require compliance with Executive Order 11246 of September 24, 1965, entitled "Equal Employment Opportunity" as amended by Executive order 11375 of October 13, 1967, and as supplemented in Department of Labor regulations (41 CFR chapter 60). If the contract is for more than $100,000, it shall: comain administrative, contractual, or legal remedies in instances where contractors violate or breach contract terms, and provide for such sanctions and penalties as may be appropriate. 17 require compliance with all applicable standards, orders, or requlremems issued under section 306 of the Clean Air Act (42 U.S.C. 1857(h)), section 508 of the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and Environmental Protection Agency regulations (40 CFR part t 5). 18 Form 240005 9-93 Iowa Departmont of lransportation RECREATIONAL TRAILS PROGRAM Quarterly Progress Report This form is to be completed by the Recreational Trails Fund grand recipient and submitted to the appropriate DOT District Office and the Office of Systems Planning by January 15, April 15, July 15, and October 15 of each year that the project is under development. Phased projects that have been approved for grants at different times are considered separate projects. A separate form needs to be completed for each phase of the project. Multi-county projects for which grant amounts have been divided among the counties should have a form submitted from each county. This form may be copied as necessary. Project name: Location: Name of person completing this form: Total approved grant amount: Total remaining grant amount: as of (date) Percentage of project completed: Proposed completion date (as included in the project agreemenrj : Revised Completion date (if appropriate): If this project is behind schedule, please state the reason: Signature Date