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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.