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IDOT Prog Hill & Bryant landscaMEMORANDUM July 9, 2002 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Transportation Enhancement Program Project Leisure Services Manager Gil Spence is recommending City Council approval of the Transportation Enhancement Program Project agreement for the ISTEA Grant for the Highway 20 Landscaping Project. 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 Gil D. Spence, Leisure Services Manager CITY OF DUBUQUE, IOWA MEMORANDUM July 8, 2002 TO: Michael C. Van Milligen, City Manager FROM: Gil D. Spence, Leisure Services Manager SUBJECT: Transportation Enhancement Program Project INTRODUCTION The purpose of this memorandum is to request City Council approval for the attached Transportation Enhancement Program Project agreement. DISCUSSION The City of Dubuque has received an ISTEA grant of $144,842 for the Highway 20 Landscaping Project. The grant was not received in time to use on phase I of the project (Grandview and Fremont Avenues area), so we are using it on phase II (Hill and Bryant Streets area). I hope to award a contract for the project this winter and need to process the grant paper work through the Iowa Department of Transportation. The Concept Statement has been filed and plan review has started. The project agreement needs to be signed to continue the process. ACTION STEP The action requested is for the City Council to approve the Transportation Enhancement Program Project agreement for the ISTEA Grant for the Highway 20 Landscaping Project. GDS:jlr attachments May 2002 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSPORTATION ENHANCEMENT PROGRAM PROJECT RECIPIENT: City of Dubuque PROIECT NO.: STP-E-2100(628)--SV-31 IOWA DOT AGREEMENT NO.: 6-02-STPE-30 This is an agreement between the City of Dubuque, Iowa (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. The RECIPIENT proposes a Transportation Enhancement project for funding under Sec. 133 (b) (8) and Sec. 101 (a) (35) of Title 23, United States Code. The Transportation Equity Act for the 21 ~ Century (TEA-21), enacted in 1998, reestablished the Surface Transportation Program (STP). Federal regulations provide that STP funds for the Transportation Enhancement Program are to be administered by the DEPARTMENT. The OMB (Office of Management and Budget) Circular A-133 requires the RECIPIENT to report the CFDA (Catalog of Federal Domestic Assistance) number and title on all Federal-Aid Projects. The RECIPIENT will use CFDA g20.205 and title, "Highway Planning and Construction" for this project. This information should be reported in "The Schedule of Expenditures of Federal Awards". Pursuant to the terms of this agreement, applicable statutes, administrative roles, and programming by the DEPARTMENT and the East Central Intergovernmental Association, the DEPARTMENT agrees to provide STP Enhancement funding to the RECIPIENT for the authorized and approved costs for eligible items assodated with said improvements. 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 governmental agency for carrying out t~e provisions of this agreement. All notices required under this agreement shall be made in writing to the DEPARTMEI~F and the RECIPIENT's contact person. The DEPARTMENT's contact Person shall be t~e District 6 Local Systems Engineer. The RECIPIENT's comact person shall be t~e City Engineer. ~ Agreement No: 6-02-STPE-30 Page 2 The RECIPIENT shall be responsible for the development and completion of the following described Transportation Enhancement project: To landscape the interchange of U.S. 20 and Hill/Bryant Streets. The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP Enhancement funds shall be limited to a maximum of either 80 percent of eligible costs or the mount stipulated in the East Central Intergovernmental Association current Transportation Improvement Program (TIP) and in the approved current Statewide Transportation Improvement Program (STIP), whichever is less. This agreement will become null and void 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 Federal funds. This agreement, as set forth in items 1 through 6 and the attached Exhibit E paragraphs 1 through 32 herein, constitutes 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 patty 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 DEPARTMENT and the Agreement No: 6-02-STPE-30 Page 3 1N WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-02- STPE-30 as of the date shown opposite its signature below. RECIPIENT: City of Dubuque By_ Title Date ATTEST: (for RECIPIENT) Signed Title Date IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date Roger R. Walton, P.E. Local Systems Engineer District 6 M~ 2002 EXHIBIT E Standard Provisions for Federal-Aid Transportation Enhancement Project Agreement Since this project is to be financed in part with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal-aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT will determine a Disadvantaged Business Enterprise (DBE) commitment on all Federal-aid projects. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the requirements of the DEPARTME2NT's Action Plan for project enviromental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). The RECIPIENT shall obtain agreements, as needed, from ralkoad and utility companies and 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 En~neers and the DEPARTMENT, etc. General Requirements and Covenants (Division 11) of the DEPARTMENT'S standard specifications shall apply to all projects let at the DEPARTMENT. If Federal-aid is requested for in-house enghieering services, the RECIPIENT will follow-the procedure outlined by the DEPARTMENT. TheRECIP1ENT, desiringto claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A- 87 - Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. The project plans, specifications and project cost estimate (PS&E) shall be prepared and certified by a professional engineer/architect/landscape architect licensed to practice in t~e State of Iowa The RECIPIENT shall submit the plans, specifications and other contract documents to the DEPARTMENT for review and authorizalion to let the project EXHIB1T E -2- If Federal-aid is requested for preliminmy and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENT's consultant selection process. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). After the contents of the consultant contract have been mutually approved, the RECIPIENT shall execute the contract and fonvard the same to the DEPARTMENT for authorization. 10. 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 the DEPARTMENT's Right of Way manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right-of- way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for right-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right-of-way. 11. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City end County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 12. 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 (IAC) 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 necessmy. 13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. As a condition for the Department to let the project, the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the project ifbids subimtted are 110% ofthe project cost estimate or less. Ifthe RECIPIENT is a city, The RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. 14. If the project is to be accomplished via a contract awarded by competitive bidding, the project will normally be let by the DEPARTMENT in accordance with its letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 15. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT StaffActign for concurrence to award the contract The DEPARTMENT will mail three (3) originals of 00e unexecuted contract(s) to the RECIPIENT. EXH~T E -3- 16. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall fOlwvard to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 17. The project must be let to contract or construction started within two years of the date this agreement is signed and approved by the DEPARTMENT. If not, the RECIPIENT may be in default, for which the Local Planning Affiliation in consultation with the DEPARTMENT may revoke funding commitments. For the Statewide Enhancement Projects, the DEPARTMENT, hi consultation with the Local Planning Affiliation, may revoke funding commitments if the RECIPIENT is found in default. This agreement may be extended for periods up to six months upon receipt of a written request from the RECIPIENT at least sLxty days prior to the deadline. 18. If Federal-aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 19. The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval end obhgation of Federal-aid funds. 20. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include cefdficalionthat all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 21. The DEPARTMENT shall reimburse the RECIPIENT for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the DEPARTMENT determines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid amount to the DEPARTMENT. 22. Upon completion of the project described in this a~eement, a professional engineer/architect/landscape architect licensed to practice in the State of Iowa shall certify in wriimg to the DEPARTMENT, that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only afrer the DEPARTMENT accepts the project as complete. 23. 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 such material available at all reasonable times during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives oftheFederalgovemment. Copies ofsaidmaterials shall be furnished by the RECIPIENT, if requested. 24. The RECIPIENT a~ees 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, or 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. EXHIBIT E -4- EXHIBIT E -5- 32. This agreement shall be executed and delivered i~..two or more copie, s, each of which so executed and delivered shall be deemed to be an onginal and shall consUtute but one and the same instrument