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IDOT - ICAAP Funding Agreement_JFK-NW Arterial Right Turn Lane Improvement Copyrighted August 7, 2017 City of Dubuque Consent Items # 21. ITEM TITLE: Iowa Department of Transportation ICAAP Funding Agreement for the Northwest Arterial and John F. Kennedy Road Turn Lane Improvement SUMMARY: City Manager recommending approval of a Resolution authorizing the Mayor to execute a Funding Agreement with the Iowa Department of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant to assist with the construction of a right turn lane on the north leg of JFK Road with traffic signal adjustments at the Northwest Arterial and JFK Road intersection. RESOLUTION Approving the Iowa Department of Transportation Agreement for Iowa Clean Air Attainment Program Grant for the City of Dubuque John F. Kennedy Road and NW Arterial Right-Turn Lane Improvement SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type IDOT Funding Agreement for JFK and Northwest City Manager Memo Arterial Turning Lane-MVM Memo Staff Memo Staff Memo Resolution Resolutions IDOT Funding Agreement Supporting Documentation THE COF Dubuque DtUB E All-America City Masterpiece on the Mississippi 1 1 1 1" 2009•2012•2013•2019 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Transportation Funding Agreement to Construct a Right Turn Lane at JFK Road and the Northwest Arterial Project No. STP-A-2100(688)-86-31 Iowa DOT Agreement No. 6-17-ICAAP-08 DATE: August 1, 2017 City Engineer Gus Psihoyos recommends City Council approval of a Resolution authorizing the Mayor to execute a Funding Agreement with the Iowa Department of Transportation for an Iowa Clean Air Attainment Program (ICAAP) Grant to assist with the construction of a right turn lane on the north leg of JFK Road with traffic signal adjustments at the Northwest Arterial and JFK Road intersection. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Gus Psihoyos, City Engineer Dubuque THE CITY OF DUB EAII-AmericaCity ��ab1111 1 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager_-- FROM: Gus Psihoyos, City Engineer, %� DATE: July 31, 2017 RE: Iowa Department of Transportation Funding Agreement to Construct a right turn lane at JFK Road and the NW Arterial Project No. STP-A-2100(688)-86-31 Iowa DOT Agreement No. 6-17-ICAAP-08 INTRODUCTION The enclosed resolution authorizes the Mayor to execute a Funding Agreement with the Iowa Department of Transportation (Iowa DOT)for an Iowa Clean Air Attainment Program (ICAAP) Grant to assist with the construction of a right turn lane on the north leg of JFK Road with traffic signal adjustments at NW Arterial and JFK Road intersection. BACKGROUND The north leg approach of the Northwest Arterial and JFK Rd intersection has one through lane and one through/right turn lane. The through/right turn movement to go south and west is a very heavy movement. This shared through/right turn lane is favored by many drivers going south (through) because it leads to job locations, shopping and, schools. Unfortunately, it only takes one southbound vehicle queued at the light to block all free right turn movements. Once blocked this lane can rapidly back up to over 400 feet which results in more vehicle idling. The Northwest Arterial and JFK Rd corridors have experienced a high growth rate in housing and commercial development in last decade. The area is also home to a ten-field soccer complex and the Dubuque Arboretum, which a major attraction in the metro area. This intersection is also travelled by school traffic as it located just north of Eisenhower Elementary School (530 students). Signal timings at this intersection are reviewed and updated throughout the year. The existing combination of a through/right turn lane does not efficiently handle right turning traffic since a single vehicle going straight blocks all free right turn movements. ITS improvements have been implemented at this intersection over the last 10 years to produce the most efficiency from the existing geometrics. This approach has come to the point when there is no substitute for geometric improvements. The City of Dubuque pursued an Iowa Clean Air Attainment Program (ICAAP) grant from the Iowa DOT in the fall of 2015. In the fall of 2016 the City received notice of the grant award in the amount of $198,202. The grant was programmed into the FY 2017 State Transportation Plan by the Iowa DOT. ANTICIPATED SCHEDULE Both the Federal grant and City funding will be utilized for this project. Due to the federal aid process and timelines for review required by outside agencies for this project, construction is expected to occur in spring of 2018 but, Engineering staff is trying to fast track the project to hopefully bid and construct the project this fall. RECOMMENDATION I recommend that the City Council authorize the Mayor to execute a Funding Agreement with the Iowa DOT for an Iowa Clean Air Attainment Program (ICAAP) Grant to assist with the construction of the intersection improvements on JFK Road at the NW Arterial. BUDGET IMPACT The total cost of this improvement is estimated at $247,752 of which $198,202 would be funded by the Iowa DOT / Iowa Clean Air Attainment Program Grant, and $49,550 would be funded by the City as local match (CIP No. 3002675). ACTION TO BE TAKEN The City Council is requested to authorize the Mayor to execute a Funding Agreement (Agreement No. 6-17-ICAAP-08) with the Iowa Department of Transportation for an ICAAP Grant to assist with the construction of a right turn lane and related signal improvements on JFK Road at the NW Arterial. Prepared by: Jon Dienst, P.E. cc: Kent Ellis, Iowa DOT Jenny Larson, Budget Director John Klostermann, Public Works Director Dave Ness, Civil Engineer II Attachment 2 RESOLUTION NO. 276-17 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR IOWA CLEAN AIR ATTAINMENT PROGRAM GRANT FOR THE CITY OF DUBUQUE JOHN F KENNEDY ROAD AND NW ARTERIAL RIGHT TURN LANE IMPROVEMENT Whereas, the increasing growth of traffic volumes, along with operational and air quality concerns, at the intersection of John F Kennedy Road and NW Arterial in the City of Dubuque could be improved by adding a southbound right turn lane; and Whereas, the City of Dubuque has determined that improvements to this intersection, as recommended by the HDR Study commissioned by Iowa Department of Transportation, will improve traffic flow; and Whereas, the City of Dubuque is seeking the necessary funding for project implementation and commits 20% matching funds required to access Iowa Clean Air Attainment Funds, and upon completion, in cooperation with the Iowa Department of Transportation, be responsible for adequately maintaining and operating the project for public use during the project's useful life. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Iowa Clean Air Attainment Funding in the City of Dubuque for the John F Kennedy Road and NW Arterial right turn lane improvement is hereby approved. Section 1. That the Mayor be authorized and directed to execute two copies of said Agreement for the John F Kennedy Road and NW Arterial right turn lane improvement. Passed, approved and adopted this 7th day of August, 2017. Attest: Ken S. Firristalil, CMC, City Clerk Roy. Buol, Mayor IVVA T WW iowadot.gov SMARTER I SIMPLER I CUSTOMER DRIVEN District 6 Office I Highway Division 5455 Kirkwood Blvd.SW,Cedar Rapids, IA 52404 Phone:(319)364-0235 1 Fax(319)364-9614 1 Email: kent.ellis@iowadot.us June 22, 2017 Ret: STP-A-2100(688)--86-31 City of Dubuque Agreement# 6-17-ICAAP-08 David Ness, P.E. City of Dubuque Traffic Engineer Engineering Department City Hall 50 West 13t` Street Dubuque, Iowa 52001-4805 SUBJECT: Federal Aid ICAAP Agreement/ 6-17-ICAAP-08 Dear David: I have enclosed two (2) copies of an ICAAP agreement between City of Dubuque and the Iowa Department of Transportation for the referenced project. The project involves Construction of Right Turn Lane on North leg of JFK Road with traffic signal adjustment at NW Arterial and JFK Road intersection. Please secure the necessary approvals and signatures of the appropriate city officials and return both signed copies of the agreement to this office for further processing. After I receive the signed copies of the agreement, I will sign the agreement, and the fully executed agreement will be returned to your office. All those who are involved with the project should carefully review the provisions of the agreement that pertain to federal funding for this project and the standard provisions for federal aid projects. Please contact me if you have any questions concerning this agreement. Sincerely, nnKent L. Ellis, P.E. Local Systems Engineer, District 6 KLE/hmb Enclosures (2) 6-17-ICAAP-08 DOT SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN August 16, 2017 wwwiowadot.gov District 6 Office 1 Highway Division 5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404 Phone: (319) 364-0235 1 Fax (319) 364-9614 1 Email: kent.ellis@iowadot.us David Ness, P.E. City of Dubuque Traffic Engineer Engineering Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4805 Ref: STP -A-2100(688)--86-31 City of Dubuque Agreement # 6-17-ICAAP-08 SUBJECT: Federal Aid ICAAP Agreement - FULLY EXECUTED / 6-17-ICAAP-08 Dear David: Enclosed is a copy of the fully executed Iowa Department of Transportation Federal -Aid Surface Transportation Program Projects agreement for the referenced project. This agreement is not the needed authorization to proceed, nor the authorization of the funding for this project. The special provisions in this agreement must be followed in order to ensure reimbursement of federal funds. If you are using or will be using a consultant for this project, please provide your consultant with a copy of this agreement. Please contact me if you have any questions regarding the development and design requirements for this project. Sincerely, Kent L. Ellis, P.E. Local Systems Engineer, District 6 KLE/hmb Enclosure: 6-17-ICAAP-08 cc: Daryl Hart Deanne Popp Patrica Jacobs April 2016 IOWA DEPARTMENT OF TRANSPORTATION Federal -Aid Agreement for a Iowa's Clean Air Attainment Program (ICAAP) Project Recipient: City of Dubuque Project Number(s): STP -A-2100(688)--86-31 Iowa DOT Agreement Number: 6-17-ICAAP-08 CFDA No. and Title: 20.205 Highway Planning and Construction This is an agreement between City of Dubuque (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44 provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Recipient has received Federal funding through the Iowa's Clean Air Attainment Program (ICAAP), which is funded by the Congestion Mitigation and Air Quality (CMAQ) Program which was continued by the Moving Ahead for Progress in the 21St Century (MAP -21), Public Law 112-141, and codified at Section 149 of Title 23, United States Code (U.S.C.); which are hereinafter referred to as ICAAP funds. Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the funding named above to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be responsible for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact person shall be the District 6 Local Systems Engineer, 5455 Kirkwood Blvd. SW Cedar Rapids, Iowa 52404, 319-364-0235. The Recipient's contact person shall be the City Engineer or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following described project: Construct Right Turn Lane on North leg of JFK Road with traffic signal adjustment at NW Arterial and JFK Road intersection. 4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from ICAAP funds. The portion of the project costs reimbursed with ICAAP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or the amount listed ($198,202) in the East Central Intergovernmental Association Current Transportation Improvement Program (TIP) and approved in the current Statewide 1 April 2016 Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as described in Section 149 of Title 23, United States Code (U.S.C.) and determined by the Department to be eligible. 5. The Recipient must have let the contract or have construction started within two years of October 1, 2016. If the Recipient does not do this, they will be in default for which the Department can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty (60) days prior to the deadline. 6. If the project described in this agreement crosses a DOT primary road, then: a. The Recipient shall convey title to the State of Iowa, by quit claim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However, the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. b. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. c. The use of primary highway right of way for this project's purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. d. The use of primary highway right of way for this project's purposes shall be subject to any future plans for reconstruction, improvement, maintenance, or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. This agreement may be declared to be in default by the Department if the Department determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 7. If the Recipient fails to perform any obligation under this agreement, the Department shall have the right, after first giving thirty (30) days written notice to the 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. lithe Recipient cures the default, the Recipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period given to cure the default. The Department may thereafter determine whether the default has, in fact, been cured, or whether the Recipient remains in default. 2 April 2016 8. This agreement may be declared to be in default by the Department if the Department determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 9. In the event a default is not cured the Department may revoke funding commitments or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of road use tax funds, or other methods as approved by the Transportation Commission. 10. The Recipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway Funds on Non -primary Highways, which is attached hereto and by this reference is incorporated into this agreement. 11. This agreement is not assignable without the prior written consent of the Department. 12. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 13. It is the intent of both parties that no third party beneficiaries be created by this agreement. 14. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 15. This agreement and the attached exhibit 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 approval of the Department and the Recipient. 3 April 2016 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. RECIPIENT: City of Dubuque By: f Title: Mayor CERTIFICATION: 17 /id Date — / ,41,M % //I , certify that I am the Clerk of the city, and that (Name of City Clerk) (Name of Mayor/Signer Above) 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 i1Jay of City Clerk of Dubuque, Iowa. IOWA DEPARTMENT OF TRANSPORTATION Highway Division- District 6 Office 5455 Kirkwood Blvd. SW By: Lre( ffet.; Date Auclusl– , 20/7 Dent L. Ellis District 6 Local Systems Engineer 4 April 2016 EXHIBIT 1 General Agreement Provisions for use of Federal Highway 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 Federal - aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, 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. The Recipient agrees to comply with the requirements outlined in I.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to provide a copy of the Recipient's Title VI Plan or Agreement and Standard DOT Title VI Assurances to the Department. c. The Recipient shall comply with the requirements of Title 11 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. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the Department harmless from any claim, 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 approval process, plan and construction reviews, and funding participation. e. As required by 2 CFR 200.501 "Audit Requirements", a non -Federal entity expending $750,000 or more in Federal awards in a year shall have a single or program -specific audit conducted for that year in accordance with the provision of that part. Auditee responsibilities are addressed in Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and 5 April 2016 then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. f. The Recipient shall supply the Department with all information required by the Federal Funding Accountability and Transparency Act of 2006 and 2 CFR Part 170. g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE) requirements: i. The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the award and performance of any Department -assisted contract or in the administration of its DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Department -assisted contracts. ii. The Recipient shall comply with the requirements of I.M. 3.710, DBE Guidelines. iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the Federal Highway Administration (FHWA), is incorporated by reference in this agreement. Implementation of this program is a legal obligation and failure to carry out its terms shall be treated as a violation of this agreement. Upon notification to the Recipient of its failure to carry out its approved program, the Department may impose sanctions as provided for under Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). h. 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. 6 April 2016 2. Programming and Federal Authorization. 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, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. Federal Participation in Work Performed by Recipient Employees. a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way acquisition or other services provided by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.310, Federal -aid Participation in In -House Services. b. If Federal reimbursement will be requested for construction performed by employees of the Recipient, the Recipient shall follow the procedures in I.M. 3.810, Federal -aid Construction by Local Agency Forces. c. If the Recipient desires to claim indirect costs associated with work performed by its employees, the Recipient shall prepare and submit to the Department an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 200. Before incurring any indirect costs, such indirect cost proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. If approved, the approved indirect cost rate shall be incorporated by means of an amendment to this agreement. 4. 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. b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. 7 April 2016 c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition or actual construction of the project is not started by the close of the tenth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the Department the amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is part of the development of the PS&E for a construction project. This includes environmental studies and documents, preliminary design, and final design up through and including the preparation of bidding documents. PE does not include planning or other activities that are not intended to lead to a construction project. Examples include planning, conceptual, or feasibility studies. 5. Environmental Requirements and other Agreements or Permits. a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. These procedures are set forth in I.M. 3.105, Concept Statement Instructions; 3.110, Environmental Data Sheet Instructions; 3.112, FHWA Environmental Concurrence Process; and 3.114, Cultural Resource Regulations. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act Guidelines. c. 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 procedures in I.M. 3.130, 404 Permit Process; 3.140, Storm Water Permits; 3.150, Highway Improvements in the Vicinity of Airports or Heliports; and 3.160, Asbestos Inspection, Removal and Notification Requirements. d. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. 6. 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. 3.605, Right -of -Way Acquisition, and the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, even if no Federal funds are used for right- of-way activities. The Recipient shall obtain environmental concurrence before acquiring any 8 April 2016 needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way. b. If the project right-of-way is federally funded and if the actual construction is not undertaken by the dose of the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient shall repay the amount of Federal funds reimbursed for right-of-way costs to the Department. c. 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, and I.M. 3.680, Federal -aid Projects Involving Railroads. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway Right of Way 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 Utilities on Primary Road System. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement. The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for FHWA authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 7. Contract Procurement. The following provisions apply only to projects involving physical construction or improvements to transportation facilities: a. 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. b. For projects let through the Department, 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 approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and Final 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. 9 April 2016 iii. Follow the procedures in I.M. 3.730, 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 the Department. c. For projects that are let locally by the Recipient, the Recipient shall follow the procedures in I.M. 3.720, Local Letting Process, Federal -aid. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 3.750, Project Development Certification Instructions. The project shall not receive FHWA Authorization for construction or be advertised for bids until after the Department has reviewed and approved 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 the Department has concurred in the contract award. 8. Construction. a. A full-time employee of the Recipient shall serve as the person in responsible charge of the construction project. For cities that do not have any full time employees, the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. b. 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 Iowa Administrative Code Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. c. For projects let through the Department, 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: http://www.iowadot.govierlicurrentilM/navigation/nay.htm. d. For projects let locally, the Recipient shall provide materials testing and certifications as required by the approved specifications. 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, Inspection Services Provided to Counties, Cities, and Other State Agencies. f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. 10 April 2016 9. Reimbursements. a. 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 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 Federal share of construction costs or 5% of the total Federal funds available for the project, whichever is less. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal 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 Federal or State funds received, 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. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close-out. a. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department and request a final audit, in 11 April 2016 accordance with the procedures in I.M. 3.910, Final Review, Audit, and Close-out Procedures for Federal -aid 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 Federal 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 these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval of the final closure document, the Department will notify the Recipient of the record retention date. e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. 12 Masterpiece on the Mississippi June 20, 2017 Jorge Zamora Iowa Department of Transportation Office of Location and Environment Dubuque ***** All -America City 1 2007 • 2012 • 2013 Engineering Department City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4270 563.589.4205 (fax) www.cityofdubuque.org RE: Official with Jurisdiction of Section 4(f) Property's Agreement with Clarification Concerning Northwest Arterial and JFK Road Intersection Improvements STP -A-2100(688)--86-31 Dear Jorge Zamora: The City of Dubuque has been contacted by the Iowa DOT Office of Location and Environment regarding the Northwest Arterial and JFK Road Intersection Improvements in Dubuque, Iowa. The City of Dubuque understands that there is a need for this improvement and that the proposed intersection improvement project will have'a temporary effect on the Section 4(f) Properties. The City of Dubuque has been notified that as part of the project, a portion of the trail at the project location will require to be temporary closed. It is also understood that the Iowa DOT wants some questions regarding the affected property answered: 1. Does the City of Dubuque have jurisdiction over the property? The property is along the NW Arterial (IA 32) in ROW and is under the jurisdiction of the Iowa DOT. The Hike/Bike trail is under the jurisdiction of the City of Dubuque. 2. What is the official designation or classification for the property? Road right of way. 3. What is the primary function or use of the property? ROW for IA 32. 4. Are there any secondary functions of the property? NW Arterial Hike/Bike trail is located along the north side of ROW of IA 32. 5. Is the property open to the public? Yes. 6. Is the property considered significant or important for it's use? Yes. It is road ROW and the trail is actively used. This letter documents the agreement of the appropriate local officials having jurisdiction over the resources regarding the above conditions. If you wish to contact me concerning this letter, please email me at rdbuol aC�citvofdubuaue.ora or 563-564-5455. Sincerely, 0. Mayor Roy D. Buol City of Dubuque THE CITY OF D Masterpiece on the Mississippi June 20, 2017 Jorge Zamora Iowa Department of Transportation Office of Location and Environment 2007 • 2012 • 2013 Engineering Department City Hall 50 W. 13th Street Dubuque, Iowa 52001 563.589.4270 563.589.4205 (fax) www.cityofdubuque.org RE: Official with Jurisdiction of Section 4(f) Property's Agreement with Decision Northwest Arterial and JFK Road Intersection Improvements STP -A-2100(688)--86-31 Dear Jorge Zamora: The City of Dubuque has been contacted by the Iowa DOT Office of Location and Environment regarding the Northwest Arterial and JFK Road Intersection Improvements in Dubuque, Iowa. The City of Dubuque understands that there is a need for this improvement and that the proposed intersection improvement project will have a temporary effect on the Section 4(f) Properties. The City of Dubuque has been notified that as part of the project, a portion of the trail at the project location will require to be temporary closed. After our discussions, it is further understood that the temporary trail closure will meet the following criteria: 1. Duration (of the occupancy) is to be temporary, i.e., less than the time needed for construction of the project, and there will be no change in ownership of the land; 2. Scope of the work is minor, i.e., both the nature and the magnitude of the changes to the 4(f) resource are minimal; 3. There are no anticipated permanent adverse physical impacts, nor will there be interference with the activities or purpose of the resource, on either a temporary or permanent basis; 4. The land being used will be fully restored, i.e., the resource must be returned to a condition which is at least as good as that which existed prior to the project. This letter documents the agreement of the appropriate local officials having jurisdiction over the resources regarding the above conditions. If you wish to contact me concerning this letter, please email me at rdbuol a(7.citvofdubuaue.ora or 563-564-5455. Sincerely, 7 -- Mayor Roy D. Buol City of Dubuque D.