Miss Rvr Dis Ctr Wetlands PkIIMEMORANDUM
December 10, 2002
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Iowa Department of Transportation Supplemental Agreement for the
Mississippi River Discovery Center (MRDC) Wetland Site Package II,
Interior Walkways Project
Iowa DOT No. STP-E-2100 (629) -- 81-31
Agreement No. 6-02-STPE-46
Public Works Director Mike Koch recommends City Council authorization to execute a
Supplemental Agreement with the Iowa Department of Transportation (IDOT) for the
Mississippi River Discovery Center (MRDC) Wetland Site Package II, Interior Walkways
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
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 10, 2002
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Iowa Department of Transportation Supplemental Agreement
For the Mississippi River Discovery Center (MRDC) Wetland
Site Package II, Interior Walkways Project
Iowa DOT No. STP-E-2100 (629) - - 81- 31
Agreement No. 6-02-STPE-46
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute a Supplemental Agreement
with the Iowa Department of Transportation (IDOT) for the Mississippi River Discovery
Center (MRDC)Wetland Site Package II, Interior Walkways Project.
BACKGROUND
The Dubuque County Historical Society (DCHS) and the City as the local sponsor
secured a Transportation Equity Act (TEA-21) Grant in the amount of $169,300
awarded by the Iowa Department of Transportation (IDOT) for the MRDC Wetland Site
Package II, Interior Walkways Project.
DISCUSSION
Through discussions with the IDOT, DCHS and City staff, it was determined that the
project would be more efficiently managed and would have more local contractor
participation if the project could be bid locally through the City of Dubuque. The Iowa
Department of Transportation will allow local bidding of a TEA-21 project if the project
elements being bid are estimated to cost less than $100,000 each.
The MRDC Wetland Site Package II, Interior Walkways Project will consists of four (4)
individual projects, each less than $100,000. Contract No.1 shall include the
construction of the wood piers and decking for the wetland interior walkways. Oontract
No.2 shall include the construction of the wood framing and railings for the wetland
interior walkways. Contract No.3 shall include the plumbing associated with the wetland
interior walkways. Contract No.4 shall include the electrical work associated with the
wetland interior walkways.
The enclosed Supplemental Agreement authorizes the City to let the MRDC Wetland
Site Package II, Interior Walkways Project locally through the City's normal bidding
process.
ACTION TO BE TAKEN
The City Council is requested to adopt the enclosed resolution authorizing the Mayor to
execute the Supplemental Agreement for the Mississippi River Discovery Center
Wetland Site Package II, Interior Walkways Project.
Prepared by Robert Schiesl, P.E., Civil Engineer
cc: Pauline Joyce, Administrative Services Manager
Jerry Enzler, Mississippi River Museum
Mark Hantelmann, Mississippi River Museum
Kevin Eipperle, Durrant Group
Mark Fassbinder, Durrant Group
Jim Urell, Conlon Construction
Roger R. Walton, P.E., Local Systems Engineer, IDOT
RESOLUTION NO. 642-02
RESOLUTION AUTHORIZING A SUPPLEMENTAL AGREEMENT WITH
THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE
MISSISSIPPI RIVER DISCOVERY CENTER WETLAND SITE PACKAGE
II, INTERIOR WALKVVAYS PROJECT
Whereas, the City of Dubuque is the sponsor of a Transportation
Enhancement Grant for the Mississippi River Discovery Center Wetland Site
Package II, Interior Walkways Project; and
Whereas, the Dubuque County Historical Society wishes to bid the
Mississippi River Discovery Center Wetland Site Package II, Interior Walkways
Project; and
Whereas, the Iowa Department of Transportation will allow the Mississippi
River Discovery Center Wetland Site Package II, interior Walkways Project to be
bid locally after completion of a supplemental agreement with the City.
· NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign the
Supplemental Agreement with the Iowa Department of Transportation to proceed
with the local bidding of the Mississippi River Discovery Center Wetland Site
Package Il, Interior Walkways Project.
Passed, adopted and approved this
2002.
Karen M. Chesterman, Deputy City Clerk
16th day of December ,
Terrance M. Duggan, Mayor
Iowa Department of Transportation
District 6 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3t50, Cedar Rapids, IA 52406-3150 roger.walton~dot.state.ia.us
October 18, 2002 Ref:
STP-E-2100(629)--8V-31
Dubuque County
City of Dubuque
Agreement 6-02-STPE-46
Bob Schiesl, P.E.
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
SUBJECT: Regional Enhancement Project
Dear Bob:
I have attached two (2) copies of an supplemental agreement between the city of Dubuque and the
iowa Depat relent of Transportation for the above referenced project. The project involves railroad
depot Phase II.
Please secure the necessary approvals and signatures of your city council and return both signed
copies of the supplemental agreement te this office for further processing. After I receive the signed
copies of the supplemental agreement, I will sign the supplemental agreement, and I will have the
Fully executed supplemental agreement returned to your office.
You and/or any engineer involved with the project should carefully review both the exhibit sections
that pertain to project right of way acquisition and the supplemental agreement paragraph pertaining
to the amount of federal funds.
If you have any questions concerning this supplemental agreement, please contact me at the above
listed phone number.
Very truly yours,
Roger R. Walton, P.E.
Local Systems Engineer
RRW:keh
Attachment
November 1, 2001
SUPPLEMENTAL AGREEMENT FOR INNOVATIVE CONTRACTING
For Transportation Enhancement Projects less than $100,000
and National Recreational Trails Projects
Recipient: City of Dubuque
Project Number: STP-E-2100(629)--8V-31
Original Agreement No: 6-02-STPE-46
This is a supplemental agreement between the City of Dubuque (hereinafter referred to as
Redpient) and the Iowa Depm talent of Transportation (hereinafter referred to as the DOT).
Pursuant to the terms of the original agreement and Innovative Contracting (SEP-14), the DOT
agrees to allow the Recipient to take quotes or let to sealed bid this project or portions of the
project.
In consideration of the foregoing, the Recipient agrees as followsl
The Recipient shall conduct the project development and implementation in compliance
with applicable state and federal laws, oidinance and administrative roles. The Recipient
will monitor the contractor's compliance with the federal contracting requirements.
Procurement procedures must be in accordance with 49 CFR 18.36 unless some other
method is considered to be cost effective (such as the use of Redpient local forces) is
proposed by the Recipient, and is approved by the DOT. Following are a couple of
methods of procurement.
ao
Procurement by small purchase procedures: Small purchase procedures are those
relatively simple and informal' procurement methods for securing services or
supplies that do not cost more (in aggregate) than $25,000 for cities (Iowa Code
Section 384.96), and $50,000 for counties (Iowa Code Sections 309.41 and
331.341). If small purchase procedures are used, price or rate quotations will be
obtained fxom an adequate number of qualified sources.
Procurement by sealed bids (formal advertising): Bids are publicly solicited and a
firm fixed-price (lump sum or unit price) is awarded to the responsible bidder
whose bid, conforming with all the material terms and conditions of the invitation
for bids, is the lowest in price.
The Recipiem shall comply with the applicable laws, administrative roles and
procedures for public purchasing and contracting as applicable to political subdivisions
of the State of Iowa.
Supplemenlal Agreement for Innovative Contracting.
Page 2
If this project or portions thereof are to be procured by small purchase procedures
(i.e.,quotes), the Recipient shall advertise for quotes in the DOTs Weekly Letting Report,
utilize DOT form and Proposal Notice, obtain DOT concurrence to proceed, make a good
faith effort to seek out quotations fi-om at least three (3) qualified sources, and obtain DOT
concurrence in the award prior to the awarding of the contract.
If portions of the project are let to sealed bid by the Recipient, the Recipient shall
advertise for bidders in the DOTs Weekly Letting Report, make a good faith effort to get
at least three (3) bidders, hold a public letting with DOT form and Proposal Notice, and
award contract for the project work. DOT concurrence in the award must be obtained
prior to the award. The Recipient shall provide the DOT file copies of project letting
documents (Bond, Contract, etc.) within five (5) days after letting.
The recipient shall assure that all contracts, entered in furtherance of National
Recreational Trails projects and Innovative Contracting of Transportation Enhancement
Projects of less than $100,000, shall contain provisions as follows:
a. All contracts shall:
contain notice of awarding agency requirements and regulations pertaining
to reporting.
contain a provision allowing access by the Iowa Department of
Transportation, the Federal Highway Administration, the Comptroller
General of the United States, or any of their duly authorized
representatives to any records of the contractor which are directly pertinent
to that specific contract for the purpose of making audit, examination,
excerpts, and transcriptions.
contain a provision requiting retention of all required records for three
years after the contracting agency makes final payments and all other
pending matters are closed.
contain mandatory standards and policies relating to energy efficiency
which are contained in the state energy conservation plan issued in
compliance with the Energy Policy and Conservation Act (Pub. L. 94-163,
89 Stat. 871).
All contracts for construction or repair shall require compliance with the Col]eland
"Anti-Kickback" Act (18 USC 874) as supplemented in Department of labor
regulations (29 CFR 3).
tf the project is within a Federal-aid highway right-of-way and is in excess of
$2,000, the contract shall require compliance with the Davis-Bacon Act (40 USC
276a to 276a-7) as supplemented by Department of Labor regulations (29 CFR 5).
Supplemental Agreement for Innovative Contracting.
Page 3
Construction contracts in excess of $2,000 and other contracts in excess of $2,500
which involve the employment of mechanics or laborers, shall require compliance
with Sections 103 and 107 of the Contract Work Hours and Safety Standards Act
(40 USC 327-330) as supplemented by Department of Labor regulations (29 CFR
5).
If the contract is for more than $10,000, it shall provide for termination for cause
and for convenience by the contracting agency, including the manner by which it
will be effected and the basis for settlement.
Construction contracts in excess of $10,000 shall require compliance with
Executive Order 11246 of September 24, 1965, titled "Equal Employment
Oppommity" as amended by Executive order 11375 of October 13, 1967, and as
supplemented in Department of Labor regulations (41 CFR 60).
The Recipient shall assure complianc.e with the following regulations regarding the
Buy America provision on the procurement of foreign products and materials:
Section 165 of the Surface Transportation Assistance Act of 1982, 23 CFR
635.410 and Sections 1041(a) and 1048(a) of the Intermodal Surface
Transportation Efficiency Act (iSTEA).
The Recipient shall make a good faith effort to ensure that Disadvantaged Business
Enterprises (DBE), as defined in 49 CFR 26, have the maximum opporttmity to
participate in the performance of the contract or subcontract work. The Recipient
shall submit their reasons for the proposed level of DBE involvement to the Iowa
DOT.
In witness whereof, each of the parties hereto has executed this Supplemental Agreement as
of the date shown opposite its signature below.
RECIPIENT: City of Dubuque
By:
Title:
Date:
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date:
Roger IL Walton, P.E.
Local Systems Engineer
District 6
Iowa Department of Transportation
District 6 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150, Cedar Rapids, IA 52406-3150 roger.walton~dot.state.ia.us
October 16, 2002
STP-E-2100(629)--8V-31
Dubuque County
City of Dubuque
Agreement 6-02-STPE-46
Bob Schiesl, P.E.
City of Dubuque
50 West 13th Stret
Dubuque, IA 52001-4845
SUBJECT: Regional Enhancement Project
Dear Bob:
I have attached two (2) copies of an agreement between the city of Dubuque and the Iowa
Department of Transportation for the above referenced project. The project involves RR Depot
restoration.
Please secure the necessary approvals and signatures of your Board of Supervisors and remm 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 I will have the fully executed agreement returned to
you office.
You and/or any engineer involved with the project should carefully review both the exhibit sections
that pertain to project right of way acquisition and the agreement paragraph pertaining to the amount
of federal funds.
If you have any questions concerning this agreement, please contact me at the above listed phone
number.
Very truly yours,
Roger R. Walton, P.E.
Local Systems Engineer
RRW:keh
Attachment
Ootob~r 2002
IOWA DEPARTMENT OF TRANSPORTATION
· AGREEMENT FOR
TRANSPORTATION'ENHANCEMENT PROGRAM PROJECT
RECIPIENT: City of Dubuque
PROJECT NO.: STP-E-2100(629)- -8V_31
IOWA DOT
AGREEMENT NO.: 6-02-STPE-46
This is an agreemem between the City of Dubuque, Iowa (hereinafter referred to as RECIPIENT)
and the I0wa Department of Transportation (hereinafter referred to as the DEPARTMENT).
Iowa Code Sections
to enter into 306A. 7 and 307.44 provide for the RECIPIENT and the DEPARTMENT
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.
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 STP Enhancement funding to the RECIPIENT for the
authorized and approved costs for eligible items associated with said improvements.
The RECIPIENT shall be the lead local governmental agency for carrying out the
provisions of this agreemem.
All notices required Under this agreement
and the RECIPIENT's contact person~ shall be made in writing to the DEPARTMENT
The DEPARTMENT's contact person shall be the
District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the
Executive Director of the Mississippi River Museum or the City Engineer.
Agreement No: 6-02-STPF~46
Page 2
The RECIPIENT shall be responsible for the development and completion of the
following described Transportation Enhancement project:
Restoration of the Chicago Bur~ngton & Quincy Railroad Depot at 350 E. Third St.
Dubuque, IP~
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.
The attached Exhibit E will apply and is hereby made a part of this agreement.
Agreement No: 6-02-STPE-46
Page 3
~'~ WrrNESS WZ-~REOF, .
STPE-46 each of the part~es hereto has executed this Agreement
as of the date shown opposite its signature below Number 6-02-
REC/P/ENT: City of Dubuque
By_
Date
Tide -' ~-
ATTEST: (for RECIP/ENT)
Signed
Tide
Date
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By
Roger R~ Walton, P.E.
Local Systems Engineer
District 6
Date
October 2002
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TRANSPORTATIONENI-IANCEMENT PROGRAM PROJECT
RECIPIENT: City of Dubuque
PROJECT NO.: STP-E-2100(629)- -8V-31
IOWA DOT
AGRF. FMENT NO.: 6r02-STPE-46
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.
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 STP Enhancement 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 shall be the lead local governmental agency for carrying om the
provisions of this agreement.
All notices required under this agreement shall be made in writing to the DEPARTMENT
and the RECIPIENTs contact person. The DEPARTMENT's contact person sh, ll be the
District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the
Executive Director of the Mississippi River Museum or the City Engineer.
Agreement No: 6-02-STPE-46
Page 2
The RECIPIENT shall be responsible for the development and completion of the
following described Transportation Enhancement project:
Restoration of the Chicago Burlington & Quincy Railroad Depot at 350 E. Third St.
Dubuque, IA_
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.
6. The attached Exhibit E will apply and is hereby made a part of this agreement.
Agreement No: 6-02-STPE46
Page 3
WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-02-
STPE-46 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 IL Walton, P.E.
Local Systems Engineer
District 6
July 1999
EXHIBIT E
o
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 patlicipation in, be denied the
benefits of~ or be otherwise subjected to disc 'nmmation on the grounds of race, color,
national origin, sex, age, or handicap/disability. The DEPARTMENT will determine
a Disadvantage Business Enterprise (DBE) commilment on alt Federal-aid projects.
The RECIPIENT shall take the appropriate actions and prepare the necessary documents to
fulfill the requirements of the DEPARTMENT's Action Plan for project environmental studies
including historical/cultural reviews and location/design approval If farmland is to be
acquired, whether for use as project fight-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 railroad and ulility 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 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 rote 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..
EXHIBIT E
If Federal-aid is requested for preliminaw 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
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 neeessmy, 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 Admini~ration's (FhW~A) 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 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 roles 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 'WIanual on Uniform Traffic Control Devices for Streets end 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 wanaing lights as necessary.
13.
The RECIPIENT shall forward a Federal-aid Project Development Certification end 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. 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 abe DEPARTMENT in accordance with its letting procedures. After
bids are received end 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 Staff Action
for concurranco to award the contract. The DEPARTMENT will mail three (3) originals of
the unexecuted contract(s) to the RECIPIENT.
EXHIBIT 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 fonvard 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.
If Federal-aid is requested for force account construction, the RECIPIENT will follow the
procedure outlined by the DEPARTMENT.
18.
The DEPARTMENT will prepare the Federal-aid Project Agreement and submit it for Federal
Highway Administration (FHWA) approval and obligation of Federal-aid funds.
19
The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for
reimbursement for eligible project costs. Reimbursement claims shall include certification that
all eli~ble project costs, for which reimbursement is requested, have been completed in
substantial compliance with the terms of this agreement.
20.
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 fiom
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.
21.
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 es complete.
22.
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 fi-om the date of final Federal reimbursement, for inspection by the DEPARTMENT,
FI-IWA, or any authorized representatives of the Federal government. Copies of said materials
shall be furnished by the RECIPIENT, if requested.
23.
The RECIPIENT agrees to indemnifiy, 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 indemmfy, defend and
hold harmless applies to all aspects of the DEPARTMENT's application review and approval
process, plan and construction reviews, and funding participation.
24.
The RECIPIENT shall maintain, or came to be maintained, the completed improvement (for
20 years on the Statewide Enhancement Projects) m a manner acceptable to the
DEPARTMENT and the FHWA.
EXHIBIT E
-4-
25.
Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to
Contracts and Subcontracts which exceed $100,000):
The RECIPIENT stipulates that ~ facility to be ul/lized 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
mended, 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.
26.
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
ITtstoric Preservalion Officer).
27.
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 record,able 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.
28.
If any part of this agreement is found to be void and unenforceable, the remaining provSsions
of lids agreement shall remain in effect
29. It is the intent of both parties that no third party beneficiaries be created by this agreement.
30.
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 t/me 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 qualif~ 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.
EXHIB1T E
31.
This a~eement 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
32.
This agreement, as set forth in items 1 through 6 mad Exhibit E paragraphs 1 through 32 herein,
constitutes the entire agreement between the DEPARTMENT and lhe RECIPIENT concerning
this project. Representations made before the signing of this agreement are not binding, and
neither par~ 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.