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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.