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Heritage Trail Ext Grant AgreeMEMORANDUM May14,2003 TO: FROM: SUBJECT: The Honorable Mayor and City Council Members Michael C. Van Milligen, City Manager Grant Agreement for Heritage Trail Extension Planning Services Manager Laura Carstens recommends City Council approval of a grant agreement with the Iowa Department of Transportation (IDOT) for Statewide Transportation Enhancement Funds for the extension of Heritage Trail from Heron Pond Wetlands Trail to the Dubuque Jaycees Trail. The total cost of the Heritage Trail Extension from Heron Pond to the Dubuque Jaycees Trail is estimated to be $333,000. The grant amount is $233,000. The IDOT requires a 30% local match, which is $100,000 for this project. The local match is budgeted. I concur with the recommendation and respectfully request Mayor and City Council approval. Mic~Milligen~~-'- MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Laura Carstens, Planning Services Manager MEMORANDUM May 13, 2003 TO: FROM: SUBJECT: Michael C. Van Milligen, City Manager Laura Carstens, Planning Services Manager Grant Agreement for Heritage Trail Extension INTRODUCTION This memo transmits for City Council approval a grant agreement with the Iowa Department of Transportation (IDOT) for Statewide Transportation Enhancement Funds for the extension of Heritage Trail from the Heron Pond Wetlands Trail to the Dubuque Jaycees Trail. A map and resolution are attached for City Council consideration. DISCUSSION The project would link two existing components of the Heritage Trail Riverfront System: the Heron Pond Wetlands Nature Trail on Schmitt Island, and the Dubuque Jaycees Trail along Peosta Channel. The grant would provide a one-mile off-road connection from Heron Pond along the Ski Club Road, Greyhound Park Road and the 16th Street Bridge to the planned Pyatigorsk Park at the southern end of the Dubuque Jaycees Trail. The Heron Pond Wetlands Nature Trail, completed in 2000, loops around Miller- Riverview Park, Heron Pond, and the back of the Greyhound Park. The segment along the Ski Club Road was included as a bid alternate for the Heron Pond Wetlands Nature Trail. This alternate was not accepted because the City did not have sufficient funding at that time. The Dubuque Jaycees Trail is scheduled for a ribbon cutting this month. The City received a Recreational Trails grant to widen this existing pathway atop the levee along Peosta Channel. The Heritage Trail Extension funded with the Transportation Enhancements grant includes loops underneath both sides of the 16th Street Bridge. The loops will allow trail users to access the existing bridge sidewalk without crossing 16th Street and Greyhound Park Road. The bridge modifications and new off-road trail would provide a direct, off-road link from the proposed trail to Pyatigorsk Park at 16th Street and Kerper Boulevard, and then along Greyhound Park Road to the northwest comer of the Grant Agreement for Heritage Trail Extension May 13, 2003 Page 2 western parking lot for the Greyhound Park and Casino, near the wetlands. These project design elements were reviewed with the Dubuque Ski Club and the Dubuque Greyhound Park and Casino. Both groups found them acceptable. The total cost for the Heritage Trail Extension from Heron Pond to the Dubuque Jaycees Trail are estimated to be $333,000. The grant amount is $233,000. The IDOT requires a 30% local match, which is $100,000 for this project. The local match is budgeted. RECOMMENDATION Staff recommends that the City Council approve the attached resolution authorizing the grant agreement for the Statewide Transportation Enhancement funds with the IDOT for funding of the Heritage Trail Extension from the Heron Pond Wetlands Trail to the Dubuque Jaycees Trail. LClmkr Attachments Pauline Joyce, Administrative Services Manager, w/o attachment Gil Spence, Leisure Services Manager, w/o attachment Mike Felderman, Civil Engineer, w/o attachment Prepared by: Laura Carstens, City Planner Address: City Hall, 50 W. 13th St Telephone: 589-4210 RESOLUTION NO. 159 -03 RESOLUTION AUTHORIZING A GRANT AGREEMENT FOR IOWA DEPARTMENT OF TRANSPORTATION STATEWIDE TRANSPORTATION ENHANCEMENT FUNDS FOR THE HERITAGE TRAIL EXTENSION FROM THE HERON POND WETLANDS NATURE TRAIL TO THE DUBUQUE JAYCEES TRAIL Whereas, the Iowa Department of Transportation (IDOT) has awarded the City of Dubuque Statewide Transportation Enhancement Funds to extend the Heritage Trail; and Whereas, the City of Dubuque has adopted a Comprehensive Plan and a Riveffront Plan that includes goals for development of bike/hike trails; and Whereas, the City of Dubuque has adopted the Heritage Trail Master Plan that includes the Heritage Trail Extension. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. The Mayor hereby is authorized to sign the grant agreement for Statewide Transportation Enhancement Funds with the IDOT for the extension of Heritage Trail from the Heron Pond Wetlands Nature Trail to the Dubuque Jaycees Trail on behalf of the City of Dubuque. Section 2. That the City of Dubuque agrees to adequately maintain the trail for its intended use and maintain the total trail used to justify the project in public use for a minimum of 20 years following project completion. Passed, approved and adopted this ~ 9th Attest: ~J~anne F. Schneider~ City Clerk day of ~a~v 2003. Heritage Trail Riverfront I:xtenslon: Connection Between Heron Pond Wetlands Nature Trail and Dubuque Jaycees Trail Miller Riverview Park Heron Pond Jaycees Bddge _=.... Heron Pond Wetlands Nature Trail & Dubuque Jaycess Trail (Northem Levee Path) ,,, Statewide Enhancement Project Funding Proposal N Iowa Department of Transportation 319-364-0235 ~istrict 6 FAX: 319-364-9614 430 Sixteenth Avenue SW P.O. Box 3150, Cedar Rapids, IA 52406-3t50 roger.walton~dot.state.ia.us May 6, 2003 Laura Carstens Planning Services 50 West 13t~ Street Dubuque, IA 52001 Ret: · STP-E-2100(631)--8V-31 Dubuque County. City of Dubuque MAY 12 2003 CI'TY OF DUBuQuE PLANNING SERVICES DEPARTMENT ,, SUBJECT: STP Project Dear Laura: 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 recreational trail extension. Please secure the necessary approvals and signatures of your city council and return both signed copies of the agreement to tins 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 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 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 KRW:keh Attachment Iowa Department of Transportation District 6 430 Sixteenth Avenue SW P.O. Box 3150, Cedar Rapids, IA 52406-3150 319-364-0235 FAX: 319-364-9614 roger.walton~d ot.state.ia.us June 2, 2003 JUN - 4 2003 CITY OF DUBUQUE ,,, Pf.,ANNING SERVICES DEPARTMENT Ref: STP-E-2100(631)--8V-31 Dubuque County City of Dubuque Agreement 6-03-STPE-19 Laura Carstens Planning Services Manager 50 West 13th Street Dubuque, IA 52001 SUBJECT: Enhancement Project Dear: Laura I have enclosed a copy of the fully executed Iowa Department of Transportation Federal-Aid Surface Transportation Program Projects agreement for the referenced project. This agreement is not the needed authorization or the funding for any development or construction activities for this project. The special provisions in this agreement must be followed in order to ensure 'reimbursement of the federal funds_ If you have any questions regarding the development and design requirements for this project, please feel t~ee to contact me at the above fisted phone number. If you are using or will be using a consultant for this project, please provide your consultant wi~ a copy of this agreement. Very truly yours, r K Walton, P.E Local Systems Engineer KRW:keh Attachment cc: Deb Coles, Finance, Iowa DOT, Ames, IA 50010 w/attachment Records Management, Iowa DOT, Ames, tA 50010 w/attachment April 2000 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSPORTATION ENHANCEMENT PROGRAM PROJECT RECIPIENT: City of Dubuque PROJECT NO.: STP-E-2100(631 )--8V-31 IOWA DOT AGRFiF. MENT NO.: 6-03-STPE-19 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 fmaneing 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 ~ Centmy (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, admini.~trative rules, and progra-,~,~ing by the DEPARTMENT and the East C~uh-~l Intergovemmemal Assodation, 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 thi.~ 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 DEPARTMENTs contact person shall be the District 6 Local Systems Engineer. The RECIPIENTs contact person shall be the City Engr., Public Works Dir., or Consul. Engr.. Agreement No: 6-03-STPE-19 Page 2 The RECIPIENT shall be responsible for the development and completion of the following described Transportation Enhancement project: Dubuque Heritage Trail Extension- Heron Pond Wetlands Nature Trail to Dubuque laycees Trail, via the 16th St Bridge. The RECIPIENT shall receive reimbursement of Federal STP Enhancement funds for authorized and approved project costs of eligu~ble 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 Extffbit E will apply and is hereby made a part of this agreement. Agreement No: 6-03-STPE-19 Page 3 WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-03- STPE-19 as of the date shown opposite its signature below. /s/ Terrance M. Duggan, Mayor Title Mayor / t ATTEST: (~ RECIPIENT) /s/ Jeanne F. Schneider, . Title: City Clerk May 19, 2003 IOWA DEPARTMENT OF TRANSPORTATION Highway Division /s/ Roger R. Walton, P.E. Local Systems Engineer District 6 May 30, 2003 July 1999 Standard Provisions for Federal-Aid Transportation Enhancement ProjeCt Agreement Since flxis project is to be financed in part with local and Federal funds, the RECIPIENT shall take the necessmy 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 otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT will determine a Disadvantage Business g, nterprise (DBE) commi'anent on all Federal-aid projects. The RECIPIEN~ shall take the appropriate action~s and prepare the necessary documents to fiflfill 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 ns~ as project right-of-way or p~tmanent easemant, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Senrice CNRCS). The RECIPIENT shall obtain agreements, es needed, from railroad and u~ companies and shall obtain project permits and approvals, when necessary, from the Iowa Department of Cultural Affairs (State Historical Society of lowag 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 DEPARTMENTS standard specifications shall apply to all projects let at the DEPARTMENT. If Federal-aid is requested for in-house engineering services, the RECIPIENT wffi follow the procedure oultined 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 Gove~ts. 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 govemmantal unit. The project plans, specifications and project cost estimate (PS&E) shall be prepared and cxntified 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 preliminay and/or construction engineering costs, the RECIPIENT will select a consultant(s) in accordance with the DEPARTMENTs consultant selection process. The RECIPIENT and the Consultant shall prepare a consultant contract for engineering services in accordance with Tire 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, ~taetber by lease, easement or fee rifle and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENTs 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 concu~eace before acquiring any needed righi-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 Adinini~tratien% (FHWA) atm'horizalion before purchasing any needed fight-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 pales 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 ~Manual on Uniform Traffic Control Devices for Streets and Highways~ per 761 Iowa Administrative Code (LAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, bamcades, signs, flood lighting, and warning lights as necassary. 13. 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 ffbids submitted are 110% of the project cost ~iima~ or less. The RECIPIENT ~hall 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 normall,v 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. 15. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award lahe contract. The DEPARTMENT will mail three O) 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 execmed 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 prepere the Federal-aid Project Agreement and submit it for Federal Highway P, dmini.~tralion (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 flag 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 enginecr/architect/landscape architect licemed 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 ye~s l~om the date of final Federal reimbUrSement, for inspecfiun by the DEPARTMENT, FHWA, or any anthorized representatives ofthe Federalgovemment. Copies ofsaid materials shall be fumished by the RECIPIENT, if requested. 23. The RECIPIENT agrees to indenmify, defend and hold the DEPARTMENT harmless from a~O, action or hability arising out of the design, constmcfiun, maintenance, placemant of traffic control devices, or inspection or use of this project. This agreement to indemnify, defend and hold harmless applies to alt aspects of the DEPARTMENTs 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 FI-1WA. 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 any facility to be utilized in perfonnmce 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 fffis 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 fi:om 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. 30. It is the intent of both parties that no third party beneficiaries be created by this agreement. 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 hi 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 sixly (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 reimbursemant billings to the FI-IW~A ill the amount of refunds received fi:om the RECIPIENT. EXHIBIT E 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 san~e instnmaent. 32. This agreement, as set forth in items 1 flarough 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 ere not binding, and neither party has relied upon conflicting representations in entering into this a~eement. 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. April 2000 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRANSPORTATION ENHANCEMENT PROGRAM PROJECT RECIPIENT: City of Dubuque PROJECT NO.: STP-E-2100(631 )--8V-31 IOWA DOT AGRg3qMIqNT NO.: 6-03-STPE-19 This is an agreement between the C'fcy of Dubuque, Iowa (hereina~er 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 transpo~hation 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) 05) 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'Cenh-al Intergovernmental Association, the DEPARTMENT agrees to provide STP Enhancemem 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 patties 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 RECIPIENTs contact persom The DEPARTMENTs contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the City Engr., Public Works Dir., or Consul. Engr.. Agreement No: 6-03-STPE-19 Page 2 The RECIPIENT shall be responsible for the developmem and completion of the following described Transportation Enhancement project: Dubuque Heritage Trail Extension- Heron Pond Wetlands Nature Trail to Dubuque Jaycees Trail, via the 16th St Bridge. 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 amount stipulated in the Eas~ 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. Agreemem No: 6-03-STPE-19 Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6-03- STPE-19 as of the date shown opposite its signature below. RECIPIENT: City of Dubuque By Title Terrance M. Duggan Mayor Date ATTEST: (for RECIPIENT) Signed Jeanne F.~$clSne?de? Title City Ct erk Date IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date Roger R. Walton, P.E. Local Systems Engineer District 6 July 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 necessmy 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 ot~ or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or handicap/disability. The DEPARTMENT wilt determine a Disadvantage Business F. aterpfise (DBE) commitmant 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/coltural reviews end location/design approva/ If farmland is to be acquired, whether for use as project right-of-way or permanent easement, tho RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when reqfftred, to the U.S. Nmural 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 Guard, U.S. Army Corps of Engineers and the DEPARTMENT, etc. Generai Requirements and Covenants (Division 11) of the DEPARTMENT'S standard specifications shall apply to all projects let at the DEPARTMENT. If Federai-aid is requested for in-house engineering services, the RECIPIENT will follow the procedure outlined by tho 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 Governm~ts. Reimbursemeat eligibility requires an indirect cost rate proposal to bo certified by tho governmental unit designated cogniTant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. The project plans, specifications and project cost esfimaW (PS&E) shall be prepared and certified by a professional enginenr/~andscapo 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 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 authorizatiov~ t0. The RECIPIENT shall acquire the project fight-of-way, whether by lease, easement or fee title and shall provide relocation assi~-taaco benefits and payments in accordance with the procedures set forth in the DEPARTMENTs Right of Way manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure comphance with the required procedures, even il'no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get emriroranental con~ before acquitl,g any needed right-of- way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal-aid participation for fight-of-way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Admini~ation's (FI-1VI/A) authorization before purchaging 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 FI-I-WA rules applicable to the type of utility involved and Iowa Code Chapter 306~ 12. Traffic control devices, signing, or pavement markings imtalled within tho limits of this project shall conform to the 'SManual on lJniform T,-,~ic Conlrol Devices for Streets and Highways" per 761 Iowa Administrative Code (LAC) Chapter 130. The safety ofthe 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. 13. The RECIPIENT shall forward a Federal-aid Project Development Certification and final PS&E to the DEPARTMENT. As a condition for the Deptatment to let the project, the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with tho project ffbids submitted are 110% ofthe project cost esfinvate 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 conlract awarded by competitive bidding, the project will normally bo let by the DEPARTMENT in accordance with ils lotting procedures. ~ bids are received and 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 concurrence to award the couhact The DEPARTMENT will mml three O) 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 c~dificate 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 Agreemem and submit it for Federal Highway Admini~Is-~ion (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 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 det~, mines the RECIPIENT is overpaid, the RECIPIENT shall reimburse the overpaid mount to the DEPARTMENT. 21. Upon completion of the project described in diis agreement, a professional engineer/arc/~iteet/landscape arch/tect licemed to practice/n/he State of Iowa shall certify in writing to the DEPARTMENT~ that the project was completed in substantial compliance with the plans and specificaliom 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 pemining 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 yen~s from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or anyamhorized representatives oftheFederalgovemment Copies ofsaidmaterials shall be fu_mished by the RECIPIENT, if requested. 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 lraffic control devices, or inspection or me of this proje~ This agreement to indenmify, defend and hold harmless applies to all aspects of the DEPARTMENTs application review and approval process, plan and constn~on reviews, and fund~g participation. The RECIPIENT shall maintain, or came 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 25. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): The RECIPIENT stipulates th~st any facility to be utilized in performance under otto benelSt 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 thc 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 aU regulations and guidelines issued thereunder. 26. If ltfis agreement is to fund the Historical Preservation of a structure, the Recipient shall preserve the architectural, historical and cultural integrity of the sl~uctme 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 I-Fmtorical 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 presenSng the historical and architectural integrity for 20 years fi.om the date of receipt of public funds; or Repay the State of Iowa au 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 agre~nent 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 lime as ~ collections (exclusive ofinterest and penalties which ~hall be rctained by the RECIPIENT) fi.om special assessmants levied for this project exceed the local share of the total projects costs, the RECIPIENT shall refund to the DEPARTMENT alt funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) wihhin sixty (60) days of the receipt ofeny special assessme~ payment. The RF~IPIENT ~harl notify the DEPARTMENI when any lands specially assessed no longer qualify for an agricultural deferment ofthe special assessment, and notify the DEPARTMENT when all special assessments have been satisfied. The DEPARTMENT shall credit r~mbursement b~lllngs to the FI-lWA in the amount of refunds received fi.om fl~ 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 conslitute 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 ~ing 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.