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.