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IDOT East / West Corridor Capacity Improvements SWAP Funding Agreement Copyrighted December 16, 2019 City of Dubuque Consent Items # 13. ITEM TITLE: lowa Departmentof Transportation (IDOT) East/West Corridor Capacity I mprovements Funding Agreement SUMMARY: City Manager recommending approval and authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement with the lowa Department of Transportation for the development and advancement of the East-West Corridor Capacity I mprovements. RESOLUTION Approving a Federal Aid Swap Funding Agreement(6-19-STBG-SWAP-039)with the lowa Department of Transportation for the Development and Advancement of EasUWest Corridor Capacity I mprovements SUGGESTED DISPOSITION: Suggested Disposition: Receiveand File;Adopt Resolution(s) ATTACHMENTS: Description Type East-WestCorridor Capacity Impro�ments-MVM City Manager Memo Memo Staff Memo Staff Memo Resolution Resolutions Agreement Supporting Documentation Dubuque THE CITY OF � AIFMerisa Cfh DuB E 'ill �' Master iece on� tl2e Mississi i zoo�•zo�z•zo�3 P PP zoi�+zoi9 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: East-West Corridor Capacity Improvements Approve Federal-Aid SWAP Funding Agreement lowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 lowa DOT Agreement No. 6-19-STBG-SWAP-039 DATE: December 10, 2019 Assistant City Engineer Bob Schiesl recommends City Council approval and authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement with the lowa Department of Transportation for the development and advancement of the East-West Corridor Capacity Improvements. This will allow the use of state SWAP funds to complete the preliminary engineering and environmental (NEPA) study phase, right-of-way property acquisition, final design, and future construction phases. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Dubuque THE CITY OF � All-America City UB E ��o������,.�,�� � � ��► Maste iece on the Mississi i z°°'*2°12�z°13 �`P pp zoi�*zoi9 TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer DATE: December 9, 2019 SUBJECT: East-West Corridor Capacity Improvements Approve Federal-Aid SWAP Funding Agreement lowa DOT Project No. STBG-SWAP-2100 (698)--SG-31 lowa DOT Agreement No. 6-19-STBG-SWAP-039 INTRODUCTION The purpose of this memorandum is to provide information and to request City Council approval and authorization for the Mayor to execute a Federal-Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-039) with the lowa Department of Transportation (lowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. BACKGROUND In August 2007, the City Council listed the completion of the East - West Corridor Connectivity Study as a "High-Priority" in its Goals and Priorities for Policy Agenda. The US Highway 20 corridor is the primary east-west route in the City of Dubuque and future traffic volume projections indicate US Highway 20 alone will not provide sufficient capacity for east-west travel in the city. Capacity along alternate east-west corridors will need to be improved to provide connectivity between the western growth areas and the downtown urban core. To achieve this goal, the City retained the professional consultant services of HDR (Omaha, Nebraska) to complete the East-West Corridor Connectivity Study. The purpose of the study was to analyze the east-west traffic flow in the City; identify corridor improvements or modifications to support growing traffic demands; and to consider transit needs, pedestrian needs, and sustainability. The four east-west corridors identified in the study area are: Asbury Road; Pennsylvania Avenue; University Avenue; and Loras Boulevard. In February 2012, the City Council formally adopted the East - West Corridor Connectivity Study - Final Report and directed City staff to begin implementation plans for the recommendations contained in the East-West Corridor Connectivity Report. Following this Council action, in August 2012 the City implemented a Development Moratorium for the section of University Avenue, from Pennsylvania Avenue to Loras Boulevard, referred to as the "Overlap Section". The adopted East - West Corridor Connectivity Study report will act as the City's Master Plan for both short-term and long-term capacity improvements or corridor modifications to su ort rowin east-west traffic flow in the Cit . The stud included recommended pp g g y y improvements supportin complete streets concepts, multi-modal transportation, g vehicle, pedestrian, bic cle, and recreational improvements. y The re ort included 32 ro osed ca acit im rovement ro�ects alon the four p p p p y p p J J corridors. Ca acit im rovements identified include a series of intersection p y p reali nments, intersection im rovements, turn lane additions, add traffic si nal g p g interconnect and ITS im rovements alon each corridor. p g In Au ust 2017, the Cit Council listed the East - West Corridor Ca acit Im rovement g y p y p I m lementation as a "To -Priorit " in its 2017-2019 Goals and Priorities. I n an effort to p p y advance this to riorit , the Cit has alread com leted the followin im rovements: pp y y y p g p N TDuB E East/West Corridor Capacity Improvements W�E Mnsteryiece on the Mississippi S Project Year Cost r ��� �� � r �r�� . . � . �. . " r �� f- - P 3.�,,r �� '� , �". .�u'��. �R" >7� . . � j .. � " . .. • ,7� � � • � •�� .� � s . .�i ♦ +r ♦ P ro e rt /""�Ci u�S�`��n 2 016 $ 8 5 3 3 0 0 ' .�r j Property Acquisition r Grandview/Loras �r � � � � � Com leted:2016 • Traffic Signal Improvements -- � p Completed:2017 �• �. r k-,��� �. �J � '� � ` {� '' �� . . � � x Grandview- Delhi _ .- `R� -"� ,�� . � .� r ,,r "i� � �� ���,��' � '1 2016 $ 827 000 "� � �A���'�' .. � � � F� �� '� �� ' ..�,�✓� � Roundabout _:��� ;��_�- . �� � �-�- . � �� - � �.# '��`�� ' . 3�`'�r, �r'". 'l )� j`` ��'` • � ��- - � IIA� Nl/ , �, .` ' �, ■ y�,,� '`�► � + _ ' ..`< ,.�. . R Loras - G randview .� ., � ;_ r^ ; . , . �,�c�fi- .. '"/�'. 2 017 $ 3 7 0,3 0 0 : � �. � -- ..,. . � � ���..� � i r. ,�,�. �s Traff i c S i g n a I s �� �A a.� University,Loras,Asbury, �. r -��,J�____�^.��¢�6 �,r �`�� . Pennsylvania Overlap Section �, �� _ r ����� `,/�v;,�' Proposed Roundabouts ' � , ��_+f�� ��� y ,,. U ' ' ' � ' ��'' Preliminary Design/ ��` � °�` -� � Q T 1 n i ve rs i t — G ra n d vi ew ;��= � En��ronmenta�Study:2020 ���' � . 1�<�� �.` - ; Y , ,�, Grandview/University a.;� � 2 018 ����O O�O O O � , -.� ,• ' ' • Roundabout - �� -- R,�. R o u n d a b o u t ,•'�� '. � . � _ '' Completed:2018 �" .,, '�'��r� , � Q �?,'��e p.� , � • �� `a:�r---"�. ''" d; - �' - • ;� ..� �: � � � � ��� ,a� _ �,�� _,- �/� �, � � _. , .-- `���,.. ���.��� � <�-�'e. Total Im provements To-Date $3,250,300 �- t , � �,� �� �� r .:.. •" � ��, � Grandview/Delhi/Grace� �� � � ���;_��.`�y . � _��., ..._._ Roundabout �; �ii'�'y .� � • .� `--J . .�.�.+�.�r � Completed:2016 '� �-�.'-� ,. .-..:� �,/� � . . _ -`�,, . _ In Jul 2018, the Cit a lied for an $18.1 million U.S. De artment of Trans ortation y y pp p p Better Utilizin I nvestments to Levera e Development BU I LD rant request to assist in g g g fu nd in both mu Iti-modal and ca acit im rovements with in the identified East-West g p y p Corridors. Staff was notified in December 2018 that the Cit was not selected to receive y a BUILD rant. g Followin the BU I LD rant announcement, the Cit has an o ortunit to move forward g g y pp y and advance the develo ment of East-West Corridor Ca acit Im rovements utilizin p p y p g the new lowa DOT Federal Aid SWAP Polic . Effective October 2018, the new Federal y Aid SWAP Polic allows federal fu nds normall allocated to cities or cou nties to be y y re laced with State of lowa Primar Road funds on a dollar-for-dollar basis. The oal of p y g the new olic is to increase efficiencies and hel local overnments reduce the level p y p g federal oversi ht, re ulations and re uirements. Additionall , the use of Primar Road J J a y y funds will be reimbursed at 100% of eli ible costs which eliminates the re uirement for g q local overn ments to rovide a 20% local match. g p In Januar 2019, the Cit be an the rocess to de-federalize the East-West Corridor y y g p ro�ect b a in back the federal funds reviousl used for ro ert ac uisition. On p J y p y J p y p p y q Au ust 19t" 2019 the Cit received the FHWA fi nal closu re acce tance for the g , Y p defederalization of funds related to the East -West Corridor ro'ect. p J DISCUSSION Now that the project defederalization is completed, staff has been working with the lowa DOT to prepare a new SWAP Funding Agreement to allow for the use of state SWAP funds to complete the preliminary engineering and environmental (NEPA) study phase; right-of-way property acquisition, final design, and future construction phases. Once the SWAP funding agreement is in place, the City will be able to utilize both local City funding and SWAP funding to begin the preliminary engineering and environmental (NEPA) study phase for intersection capacity improvements along the University Avenue, Loras Boulevard to Pennsylvania Avenue "Overlap Section". The next steps in the design development process is to begin the preliminary engineering and environmental (NEPA) study phase for the Overlap Section which is will take approx. 12 months to complete. Once the preliminary engineering and environmental (NEPA) study are completed, corridor impacts will be identified, and property acquisition could begin which is anticipated to take approximately 2 years to complete. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Federal-Aid SWAP Funding Agreement (Agreement No. 6-19-STBG- SWAP-039) with the lowa Department of Transportation (lowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Federal-Aid SWAP Funding Agreement (Agreement No. 6-19- STBG-SWAP-039) with the lowa Department of Transportation (lowa DOT) for the development and advancement of East-West Corridor Capacity Improvements. Attach. Prepared by Robert Schiesl, Assistant City Engineer cc: Jenny Larson, Budget Director Kent Ellis, lowa DOT District 6 Chandra Ravada, ECIA F:\PROJECTS\EAST-WEST CORRIDOR STUDY\Funding Agreement-SWAP RESOLUTION NO. 429-19 RESOLUTION APPROVING A FEDERAL -AID SWAP FUNDING AGREEMENT (6-19- STBG-SWAP-039) WITH THE IOWA DEPARTMENT OF TRANSPORTATION FOR THE DEVELOPMENT AND ADVANCEMENT OF EAST -WEST CORRIDOR CAPACITY IMPROVEMENTS Whereas, the City Council listed the East - West Corridor Capacity Improvement Implementation as a "Top -Priority" in its 2017-2019 Goals and Priorities; and Whereas, the City Council has directed City staff to begin implementation plans for the recommendations contained in the East-West Corridor Connectivity Report; and Whereas, the City has an opportunity to move forward and advance the development of East-West Corridor Capacity Improvements utilizing the new Iowa DOT Federal Aid SWAP Policy; and Whereas, staff has worked with the Iowa DOT to prepare a SWAP Funding Agreement to allow for the use of state SWAP funds to complete the preliminary engineering and environmental (NEPA) study phase; right-of-way property acquisition, final design, and future construction phases; and Whereas, once the SWAP funding agreement is in place, the City will be able to utilize both local City funding and SWAP funding to begin the preliminary engineering and environmental (NEPA) study phase for intersection capacity improvements along the University Avenue, Loras Boulevard to Pennsylvania Avenue "Overlap Section." NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. The said Federal -Aid SWAP Funding Agreement (Agreement No. 6-19- STBG-SWAP-039) with the Iowa Department of Transportation for the development and advancement of East-West Corridor Capacity Improvements is hereby approved. Section 2. The Mayor be authorized and directed to execute two copies of said Federal - Aid SWAP Funding Agreement (Agreement No. 6-19-STBG-SWAP-039) with the Iowa Department of Transportation for the development and advancement of East-West Corridor Capacity Improvements. Passed, approved and adopted this 16th day of December 2019. Attest: Keyi°n S. Firnstahl,C11*C`, City Clerk Roy D. Buol, Mayor June 2018 IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Surtace Transportation Block Grant Program Federal-aid Swap Project Recipient: City of Dubuque Project No.: STBG-SWAP-2100(698)--SG-31 lowa DOT Agreement No.: 6-19-STBG-SWAP-039 This is an agreement between the City of Dubuque, lowa (hereinafter referred to as the Recipient) and the lowa Department of Transportation (hereinafter referred to as the Department) for Surface Transportation Block Grant (STBG) Program Federal-aid Swap funds under 761 lowa Administrative Code (IAC) Chapter 162. lowa Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation improvement projects on streets and highways in lowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STBG Federal-aid Swap funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The DepartmenYs contact persons will be the Local Systems Project Development Engineer, Christy VanBuskirk, and Eastern Region Local Systems Field Engineer, Kent L. Ellis. The RecipienYs contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: PCC Pavement- New Roundabouts on University Ave, from Pennsylvania Avenue to Loras Boulevard 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STBG Federal-aid Swap funds. The portion of the project costs reimbursed by STBG Federal-aid Swap funds shall be up to $7,560,000 for the following phases of work as stipulated by the East Central Intergovernmental Association: X Preliminary Engineering X Construction Engineering X Right-of-Way X Construction Other (please specify) _ 6. The Recipient shall pay for all project costs not reimbursed with STBG Federal-aid Swap funds. 7. 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 funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. 8. The Recipient shall let the project for bids through the Department. 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. STBG Swap Project Agreement Page 2 11. This agreement and the attached Exhibit 1 constitute 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 shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written acceptance of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. By Mayo I/Title of city official I, Kevin S. Eirnstahl that Roy D . Buol City Signature Block Date December 16, ,201 9 , certify that I am the City Clerk of Dubuque, and , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 16 t h day of December ,201 9 Signed / Date December ,201 9 City Cler/f Dubuque, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By Date 20 Kent L. Ellis, P.E. Local Systems Field Engineer Eastern Region EXHIBIT 1 General Agreement Provisions for use of Federal-aid Swap Funds on Non-primary Projects Unless otherwise specified in this agreement, the Recipient shall be responsible for the following: 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot.qov/local systems/publications/im/Ipa ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with lowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code of Federal Regulations(CFR)that implement these laws, and the guidance provided in I.M. 1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered,the Recipient shall make such facilities compliant with the ADA and Section 504. d. 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, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the DepartmenYs application review and acceptance process, plan and construction reviews, and funding participation. e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to the limitations set forth below, the Department shall have the right to terminate this agreement without penalty and without any advance notice as a result of any of the following: 1) The Federal government, legislature or governor fail in the sole opinion of the Department to appropriate funds sufficient to allow the Department to either meet its obligations under this agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the Department to make any payment hereunder are insufficient or unavailable for any other reason as determined by the Department in its sole discretion; or 3) If the DepartmenYs authorization to conduct its business or engage in activities or operations related to the subject matter of this agreement is withdrawn or materially altered or modified. The Department shall provide the Recipient with written notice of termination pursuant to this section. 2 Programming a The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO,through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the DepartmenYs administering bureau shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. 3. Design and Consultant Services a The Recipient shall be responsible forthe design of the project, including all necessary plans, specifications, and estimates (PS&E). The project shall be designed in accordance with the design guidelines provided or referenced by the Department in the Guide and applicable I.M.s. 4. Environmental Requirements and other Agreements or Permits. a The Recipient shall obtain project permits and approvals, when necessary, from the lowa Department of Cultural Affairs (State Historical Society of lowa; State Historic Preservation Officer), lowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the Department, or other agencies as required. The Recipient shall follow the applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4—Environmental Regulations. 5. Right-of-Way, Railroads, and Utilities. a 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 I.M. 3.600, Right-of-Way Acquisition, and the DepartmenYs Right of Way Bureau Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures. b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way. c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non-Primary Federal-aid Road System" for projects on non-primary Federal-aid highways. For projects connecting to or involving some work inside the right-of-way for a primary highway, the Recipient shall follow the DepartmenYs "Policy for Accommodating and Adjustment of Utilities on the Primary Road System" The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities. & Contract Procurement. a The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. The project plans, specifications, and cost estimate(PS&E) shall be prepared and certified by a professional engineer or architect, as applicable, licensed in the State of lowa. c. The Recipient shall be responsible for the following: i. Prepare and submit the PS&E and other contract documents to the Department for review and acceptance in accordance with I.M. 3.700, Check and Final Plans and I.M. 3.500, Bridge or Culvert Plans, as applicable. ii. The contract documents shall use the DepartmenYs Standard Specifications for Highway and Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient for individual construction items shall be approved by the Department. iii. Follow the procedures in I.M. 5.030, lowa DOT Letting Process, to analyze the bids received; make a decision to either award a contract to the lowest responsive bidder or reject all bids; and if a contract is awarded, execute the contract documents and return to Department. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions. The project will not be turned in for bid letting until the Department has reviewed and accepted the Project Development Certification. e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the lowa Code section 26.12. f. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice that the Department has concurred in the contract award. 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the DepartmenYs Construction Manual, as applicable, for conducting construction inspection activities. The RecipienYs engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For cities that do not have any full time employees,the mayor or city clerk will serve as the person in responsible charge, with assistance from the Department. c. 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 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. The project shall be constructed under the DepartmenYs Standard Specifications for Highway and Bridge Construction and the Recipient shall comply with the procedures and responsibilities for materials testing according to the DepartmenYs Materials I.M.s. Available on-line at: https://www.iowadot.qov/erl/index.html. e. If the Department provides any materials testing services to the Recipient, the Department will bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103. 8. Reimbursements. a. The Recipient will be initially responsible for all project costs. After costs have been incurred, the Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be submitted to the Department by August 1, if possible, but no later than August 15. c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and proper, have been paid in full, and were completed in substantial compliance with the terms of this agreement. d. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs. The Department may withhold up to 5% of the total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the funds withheld. e. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any funds received; for example, Federal funds not received through FHWA, any special assessments made by the Recipient(exclusive of any associated interest or penalties) pursuant to lowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess right-of- way, and any other revenues generated by the project. The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient do exceed the total project costs, the Recipient shall either: i. in the case of special assessments, refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or ii. 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 60 days of the receipt of any excess funds. 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-aid, Federal- aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For construction projects, the Recipient shall provide a certification by a professional engineer, architect, or landscape architect as applicable, licensed in the State of lowa, indicating the construction was completed in substantial compliance with the project plans and specifications. c. Final reimbursement of funds shall be made only after the Department accepts the project as complete. d. 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 this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the DepartmenYs signature of the DepartmenYs Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department.