ISTEA, Heritage trailRESOLUTION NO. 8-00
RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR ISTEA
STATEWIDE ENHANCEMENT PROJECT FUNDS FOR THE HERITAGE
TRAIL PRINCIPAL ROUTE
Whereas, the Department of Transportation has awarded the City of Dubuque a
grant of $322,760 in ISTEA Statewide Enhancement Project Funds for final design,
engineering, and construction of the Heritage Trail Principal route, and
Whereas, the City of Dubuque has budgeted the local match of $138,326 for this
project.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor hereby is authorized to sign a grant agreement with
the Department of Transportation for ISTEA Statewide Enhancement Project Funds for
final design, engineering, and construction of the Heritage Trail Principal route.
Section 2. That the City Manager hereby is authorized to utilize budgeted
Capital Improvement Program Funds to provide the local match for this project.
Passed, approved and adopted this day of 17th day of January, 2000.
Terrance M. Duggan, Mayor
Attest:
Mary A. Davis, City Clerk
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 12, 2000
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Grant Agreement for ISTEA Statewide Enhancement Project
Planning Services Manager Laura Carstens is recommending execution of a grant
agreement with the Iowa Department of Transportation for a (;322,760 grant to
fund 70% of the cost of the final design, engineering and construction of the
principal or ~backbone" route and related riverfront routes for the Heritage Bike Trail
project.
I concur with the recommendation and respectfully request Mayor and City Council
approval·
Michael C. Van Milligen
MCVM/dd
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
December 22, 1999
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Laura Carstens, Planning Services Manager
Grant Agreement for ISTEA Statewide Enhancement Project
The Iowa Department of Transportation has funded the City's application for a
$322,760 ISTEA Statewide Enhancement Project. The request is for final design,
engineering and construction of the principal or "backbone" route and related dverfront
routes for the Heritage Trail project. The proposal will create a bicycle and pedestrian
network linking the Heritage Trail at 22"d Street with the Mississippi River and the Mines
of Spain State Recreational Area. The $322,760 grant is 70% of the total estimated
cost of $461,086. The City has budgeted the 30% local match of $138,326. Of the local
match, Mr. And Mrs. Charles Stoltz of Dubuque have donated $100,000 for the
principal route.
The Department of Transportation requires that the City Council approve the attached
grant agreement. A resolution authorizing the Mayor to sign on behalf of the City is also
attached.
I recommend that the City Council approve the attached grant agreement and
resolution for the ISTEA Statewide Enhancement project.
Attachments
July 1999
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
(Statewide)
RECIPIENT: City of Dubuque
PROJECT NO.: STP-ES-2100(617)--8I-31
IOWA DOT
AGREEMENT NO.:99-EU-87
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 21st 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 -
Dubuque (Dubuque MPO), 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 out the
provisions of this agreement.
All notices required under this agreement shall be made in writing to the
DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's
contact person shall be the Local Systems Engineer of the East Central Iowa
Transportation Center. The RECIPIENT's contact person shall be the City Planning
Services Manager
Agreement No: 99-EU-87
Page 2
The RECIPIENT shall be responsible for the development and completion of the
following described Transportation (Statewide) Enhancement project:
The Heritage Trail Extension at various locations totaling approximately 10.6 miles
from 22~d Street to the Mines of Spain.
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 seventy percent (70%) of eligible costs or the amount stipulated in the
Dubuque MPO 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 Dubuque MPO 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: 99-EU-87
Page 3
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number
99-EU-87 as of the date shown opposite its signature below.
RECIPIENT: City of Dubuque
By: Terrance M. Duggan, Mayor
Date
ATTEST: City of Dubuque
Mary A. Davis, City Clerk
IOWA DEPARTMENT OF TRANSPORTATION
Project Development Division
By
Roger R. Walton
Local Systems Engineer
East Central Iowa Transportation Center
Date
Jul3, 1999
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 other~vise subjected to discrimination on the
grounds of race, color, national origin, sex, age, or handicap/disability. The
DEPARTMENT ~vill determine a Disadvantage 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 DEPARTMENT's Action Plan for project environmental
studies including historical/cultural reviews and location/design approval. If farmland is
to be acquired, xvhether 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 railroad 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 GuaM, U.S.
Army Corps of Engineers and the DEPARTMENT, etc.
General Requirements and Covenants (Division 1 I) of the DEPARTMENT'S standard
specificatious 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
eontr'act documents to the DEPARTMENT for review and authorization to let the
project.
EXHIBIT E
10.
11.
12.
13.
14.
-2-
15.
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.
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.
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 rules applicable to
the type of utility involved and Iowa Code Chapter 306A.
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 necessary.
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. The RECIPIENT
shall comply with the public hearing requirements of the Iowa Code section 384.102.
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.
When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff
Action for concurrence 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
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.
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 eligible 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 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.
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 as 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 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.
23.
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.
24.
The RECIPIENT shall maintain, or cause to be maintained, the completed improvement
(for 20 years on the Statewide Enhancement Projects) in 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):
ao
bo
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.
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 Historic Preservation 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 recordable 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
provisions of this 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 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.
EXHIBIT E
-5-
31.
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.
32.
This agreement, as set forth in items 1 through 6 and 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 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.