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