Scenic Byways Grant Ag DiscoverMEMORANDUM
July 9, 2002
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Agreement for National Scenic Byways Grant
The Federal Highway Administration has awarded the Dubuque County Historical
Society a National Scenic Byways grant to create a Great River Road Interpretive
Center at the Mississippi River Discovery Center. The City is a sponsor for this project.
Planning Services Manager Laura Carstens recommends City Council approval of the
agreement with the Iowa Department of Transportation (IDOT) for the Historical
Society's National Scenic Byways grant application.
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 Servicers Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
July 5, 2002
TO: Michael C. Van Milligen, City Manager
FROM: Laura Carstens, Planning Services Manager
SUBJECT: Agreement for National Scenic Byways Grant
INTRODUCTION
The purpose of this memo is to recommend that the City Council approved the
agreement with the Iowa Department of Transportation (IDOT) for the Dubuque County
Historical Society's National Scenic Byways grant application. A copy of the grant
agreement is attached.
DISCUSSION
The Federal Highway administration has awarded the Historical Society a National
Scenic Byways grant to create a Great River Road Interpretive Center at the
Mississippi River Discovery Center. The City is a sponsor for this project.
The project total is $1,150,347 with $737,376 from the National Scenic Byways
Program and $412,971 in matching funds already secured by the Historical Society.
No City funds are required as a sponsor of this project; however, the City will need to
commit staff time to the project to establish a management agreement with the
Historical Society, and to submit reimbursement requests and reports in accordance
with the program guidelines.
RECOMMENDATION
I recommend that the City Council authorize the Mayor to sign the National Scenic
Byways grant agreement.
LC/mkr
Attachment
' · June ~002
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
NATIONAL SCENIC BYWAYS PROGRAM PROJECT
RECIPIENT: City of Dubuque, Iowa
PROJECT NO.: 2T-00-IA-02-002
IOWA DOT
AGREEMENT NO.: 2002-SB-IA-002
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 fmancing transportation improvement
projects in Iowa with Federal funds. The RECIPIENT proposes a Nationat Scenic Byway (NSB)
project for funding under Sec. 162 of Title 23, United States Code.
The Transportation Equity Act for the 21st Century (TEA-21 ), enacted in 1998, reestablished the
National Scenic Byways Program. Federal regulations provide that federal funds for the
National Scenic Byways 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 ail Federai-Aid
Projects. The RECIPIENT will use CFDA #20.205 and title, ~Highway Planning and
Construction" for this project. This information should be reported in "The Schedule of
Expenditures of Federai Awards". The RECIPIENT agrees to comply with Single Audit
Requirements as applicable.
Pursuant to the terms of this agreement, applicable statutes, administrative rules, and
programming by the DEPARTMENT and the East Central Intergovernmental Association, the
DEPARTMENT agrees to provide NSB funding to the RECIPIENT for the authorized and
approved costs for eligible items associated with said improvements.
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
The RECIPIENT shail be the lead locai govemmentai agency for carrying out the
provisions of this agreement.
All notices required under this agreement shail be made in writing to the DEPARTMENT
and the RECIPIENTs contact person. The DEPARTMENT's contact person shall be the
Department's District Local Systems Engineer. The RECIPIENT's contact person shall
be Laura Carstens, Planning Services Director, City of Dubuque. For project
development, the contact person shall be Jerry Enzler, Executive Director, Mississippi
River Museum.
Agreement No: 2002-SB-IA-002
Page 2
The RECIPIENT shall be responsible for the development and completion of the
following described National Scenic Byway Project:
To design and construct the Great River Road Interpretive Center within the Mississippi
River Museum in Dubuque, Iowa, including the design and installation of the interpretive
exhibits, guide maps, site signs, computer kiosks and monthly updates through e-mail,
telephone, a website and newsletter.
The RECIPIENT shall receive reimbursement of Federal NSB funds for authorized and
approved project costs of eligible items. The portion of the eligible project costs paid by
Federal funds shall be limited to a maximum of either 80 percent of eligible costs or
$737,376, whichever is less.
o
This project may be terminated before completion by either the DEPARTMENT or the
RECIPIENT. Termination will be effective sixty days following receipt of written
notice. During the sixty-day period, the RECIPIENT shall prepare and deliver to the
DEPARTMENT copies of any documentation summarizing the work performed, the
results obtained to date and any supporting data. The RECIPIENT shall be reimbursed
for project costs incurred up to the effective termination date.
This agreement, as set forth in items 1 through 6 and the attached Exhibit paragraphs 1
through 37 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 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 DEPARTMENT and the
RECIPIENT.
Agr ement No: 2002-SB-IA-002
Page 3
1N WITNESS WHEREOF, each of the parties hereto has executed this A~eement Number
2002-SB-IA~002 as of'the date shown opposite its signature below.
RECIPIENT: City of Dubuque, Iowa
By
Title
Date
ATTEST: (for RECIPIENT)
Signed
Title
Date
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By Date
Mark Kerper, P.E.
Assistant Director
Office of Location and Environment
· June ~002
EXHIBIT
Standard Provisions for Federal-Aid
National Scenic Byways 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 for project environmental 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.
Depamnent 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 railroad and utility companies
and shall obtain project permits and approvals, when necessary, from the Iowa Depamnent
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
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 engineering services, the RECIPIENT will follow
the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to 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 the
State of Iowa. The RECIPIENT shall submit the plans, specifications and other contract
documents to the DEPARTMENT for review and authorization to let the project.
' ' "'EXI4IBIT -2-
If Federal-aid is requested for preliminary 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 forward the same to the DEPARTMENT for authorization.
10.
The RECIPIENT shall acquire the project right-of-way, whether by lease, easement or fee
title, as directed in Iowa Code Chapter 6B, if applicable, and'shall provide relocation
assistance benefits and payments in accordance with the procedures set forth in the
DEPARTMENT's right of ~vay 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 ~vill 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 and
County Federal-aid High~vays 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 (lAC) Chapter t 30. 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.
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 if bids submitted are 110% of the project cost estimate or less. If the 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 Io~va DOT Staff
Action for concurrence to award the contract. The DEPARTMENT will mail three (3)
originals of the unexecuted contract(s) to the RECIPIENT.
EXfiIBIT
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 forward 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 DEPARTMENT, in consultation with the Local Planning
Affiliation, may 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 days
prior to the deadline.
18.
If Federal-aid is requested for force account construction, the RECIPIENT ~vill 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 and obligation 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 certification
that 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 agreement, a professional
engineer/architect/landscape architect licensed to practice in the State of Iowa shall certify
in writing 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 after 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 of the Federal government.
Copies of said materials shall be furnished by the RECIPIENT, if requested.
24.
The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT harmless from
any action or liability arising out of the design, construction, maintenance, placement of
traffic control devices, 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 -4:
25.
The RECIPIENT shall maintain, or cause to be maintained, the completed improvement for
20 years in a manner acceptable to the DEPARTMENT and the FHWA.
26.
Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000):
The RECIPIENT stipulates that any facility to be utilized in performance
under 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. This is issued pursuant to the requirements of the
Clean Air Act, as amended, and the Federal Water Pollution Control Act, as
amended.
The RECIPIENT agrees to comply with all of the requirements of Section
114 of the Clean Air Act and Section 308 of the Federal Water Pollution
Control Act, and all regulations and guidelines issued thereunder.
27.
All publications or reports created as part of this project should note the funding
participation of FHWA and other contributors. Prior to acceptance of the final report by the
DEPARTMENT, the RECIPIENT shall not publish or copyright any report, document, form
or other material developed from this project without written consent of the
DEPARTMENT. After acceptance of the final report and the project is completed, the
RECIPIENT and the DEPARTMENT shall be free to publish or use project data. However,
any project-related material published by involved parties must give credit to the other
parties' participation.
28.
All of the reports and publications pertaining to the work performed under this agreement
shall contain the following statement:
"The opinions, findings, and conclusions expressed in this publication are
those of the author and not necessarily those of the Iowa Department of
Transportation or of the Federal Highway Administration."
29.
Products, including written materials, video, CD's, printed or duplicated with National
Scenic Byways Program Funds, may not be sold. The National Scenic Byway Program logo
should be used on all printed materials, videos, exhibits, kiosks and other collateral
products. FHWA should be recognized as a funding source on all products. (Please use
FHWA guidelines posted on www.byways.org).
30.
The RECIPIENT shall assume all risks in the performance of this Agreement and shall be
responsible for all claims, demands, actions, or causes of actions arising out of or by reason
of the execution or performance of work, to the full extent permitted by Iowa Code Chapter
669, State Tort Claims, and the Constitution of the State of Iowa.
31.
To secure this Agreement, the RECIPIENT assumes that it has not employed or retained any
company or person other than a bona fide employee working solely for the RECIPIENT.
The RECIPIENT also assures it has not paid or agreed to pay any company or person not
working solely for the RECIPIENT, a fee, commission, percentage gift, or other
consideration contingent upon or resulting from the making of this Agreement. For violation
of this assurance, the DEPARTMENT has the right to annul this Agreement without
liability, to deduct from the Agreement price, or otherwise recover the full amount of any
the above-mentioned considerations.
EXHIBIT
-5-
32.
If this agreement is to fund the Historical Preservation of a structure, the Recipient shall
preserve the architectural, historical and cultural integrity of the structure by maintaining
and repairing the property in compliance with "The Secretary of the Interior's Standards for
Rehabilitating Historical Buildings". No alterations shall be made to the existing structure
without first obtaining the written consent of the State Historical Society of Iowa (State
Historic Preservation Officer).
33.
If the RECIPIENT, within the next 20 years, decides to sell the structure to a private party,
or it is now under private ownership, the RECIPIENT shall:
Execute a recordabte document for preserving the historical and
architectural integrity for 20 years from the date of receipt of public funds;
or
Repay the State of Iowa all the funds received by the RECIPIENT.
34.
If any part of this agreement is found to be void and unenforceable, the remaining provisions
of this agreement shall remain in effect.
35. It is the intent of both parties that no third party beneficiaries be created by this agreement.
36.
If the RECIPIENT elects to levy special assessments as a means of raising the local share
of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT in the
amount that payments of Federal-aid and collections of special assessments, excluding
interest and penalties, exceed the total cost of the public improvement as established by the
provisions of Iowa Code Chapter 384. The RECIPIENT agrees that at such time as its
collections (exclusive of interest and penalties which shall be retained by the RECIPIENT)
from special assessments levied for this project exceed the local share of the total projects
costs, the RECIPIENT shall 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 sixty (60) days of the receipt of any special assessment payments. The
RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer
qualify for an agricultural deferment of the special assessment, and notify the
DEPARTMENT when all special assessments have been satisfied. The DEPARTMENT
shall credit reimbursement billings to the FHWA in the amount of refunds received from the
RECIPIENT.
37.
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.