Loading...
IA 32 Geometric and Signalization Improvements_US 20 to JFK RoadMasterpiece on the Mississippi DATE: April 27, 2010 MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Dubuque hall All- AmalcaCity 11111, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: IA 32 Geometric and Signalization Improvements US 20 to JFK Road ( ICAAP) Agreement No. 6- 10- ICAAP -11 (Iowa DOT Project No. STP -A- 032 - 1(29)-- 86 -31) (CIP 2501814) City Engineer Gus Psihoyos recommends City Council approval for the Mayor to execute the Iowa Department of Transportation Iowa Clean Air Attainment Program (ICAAP) Funding Agreement for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project. This agreement provides for the utilization of ICAAP funding in the amount of $448,089. The City will provide the required 20% local match in the amount of $112,022. I concur with the recommendation and respectfully request Mayor and City Council approval. Masterpiece on the Mississippi TO: FROM: DATE: SUBJECT: INTRODUCTION BACKGROUND DISCUSSION Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer April 26, 2010 Dubuque AI-America City 11111 2007 IA 32 Geometric and Signalization Improvements US 20 to JFK Road (ICAAP) Agreement No. 6- 10- ICAAP -11 (Iowa DOT Project No. STP -A- 032 - 1(29)-- 86 -31) (CIP 2501814) The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Iowa Clean Air Attainment Program (ICAAP) Funding Agreement (6- 10- ICAAP -11) for a geometric and signalization project that will make improvements to the IA 32 corridor from US 20 to JFK Road. There are many multiple geometric and signal improvements taking place along IA 32 between US 20 and JFK Road during the 2010 construction year. These improvements include extending left turn lanes, adding right turn lanes, installation of dual left turn lanes at Asbury Road and ITS improvements at each of the signalized intersections. These improvements will be broken down into 3 main projects. One project will be locally bid, the other two projects will include federal dollars and will be bid through the Iowa DOT. Agreement No. 6- 10- ICAAP -11 is for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project which will provide for the following: fiber from Plaza Drive to JFK; Signal modifications at Chavenelle Road, Pennsylvania Ave, Holliday Drive, Plaza Drive, JFK Road; grading and HMA paving of a southbound right turn lane at Pennsylvania Avenue; lengthening and PCC paving of a southbound left turn lane at Pennsylvania Avenue; lengthening and paving of a northbound left turn lane at Pennsylvania Avenue. This agreement between the Iowa DOT and the City of Dubuque (City) provides for the utilization of Federal Iowa Clean Air Attainment Program (ICAAP) funding in the amount of $448,089 and the City will provide the required 20% local match in the amount of $112,022 using funds from CIP 250 -1814. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the federal funding agreement for the Iowa Clean Air Attainment Program (ICAAP) Funding Agreement (6- 10- ICAAP -11) for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project No. STP -A- 032 - 1(29)-- 86 -31) ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Iowa Department of Transportation Iowa Clean Air Attainment Agreement (Agreement No. 6- 10- ICAAP -11) for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project No. STP -A- 032 - 1(29)-- 86 -31). cc: Jenny Larson, Budget Director Don Vogt, Public Works Director John Klostermann, Street Maintenance Supervisor Bob Green, Water Department Manager Robert Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer II Greg Doeden, Civil Engineer 11 Deron Muehring, Civil Engineer 11 RESOLUTION NO. 129 -10 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6- 10- ICAAP -11) FOR THE IA 32 GEOMETRIC AND SIGNALIZATION IMPROVEMENTS US 20 TO JFK ROAD PROJECT. Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of federal Iowa Clean Air Attainment (ICAAP) funds for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project. Whereas, the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project will provide for the following: fiber from Plaza Drive to JFK; Signal modifications at Chavenelle Road, Pennsylvania Ave, Holliday Drive, Plaza Drive, JFK Road; grading and HMA paving of a southbound right turn lane at Pennsylvania Avenue; lengthening and PCC paving of a southbound left turn lane at Pennsylvania Avenue; lengthening and paving of a northbound left turn lane at Pennsylvania Avenue. Whereas, the federal ICAAP funds will be eligible to complete said improvements to the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement 6- 10- ICAAP -11) between the City of Dubuque and the Iowa Department - of Transportation be approved for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project. � Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement 6- 10- ICAAP -11) for the IA 32 Geometric and Signalization Improvements US 20 to JFK Road Project. Attest: Passed, approved and adopted this 3rd day of Ma , 2010. eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Iowa Department of Transportation District 6 Office 319 - 364 -0235 430 Sixteenth Avenue SW FAX: 319 -364 -9614 P.O. Box 3150, Cedar Rapids, IA 52406 -3150 kent.ellis a@dot.iowa.gov April 20, 2010 Robert Schiesl, P.E. City of Dubuque- Engineering Division 50 West 13 Street Dubuque, Iowa 52001 -4864 SUBJECT: Federal Aid (ICAAP) Funding Agreement Dear Bob: Ref: STP -A- 032 - 1(29)- -86 -31 Dubuque County City of Dubuque Agreement # 6 -10- ICAAP -11 I have enclosed two (2) copies of an agreement between the City of Dubuque and the Iowa Department of Transportation for the referenced project. The project involves signal interconnects on IA 32 from US 20 to JFK Road. Also includes intersection improvements at Pennsylvania Ave. Please secure the necessary approvals and signatures of the appropriate city officials and return both signed copies of the agreement to this office for further processing. After I receive the signed copies of the agreement, I will sign the agreement, and the fully executed agreement will be returned to your office. All those who are involved with the project should carefully review the provisions of the agreement that pertain to federal funding for this project and the standard provisions for federal aid projects. Please contact me if you have any questions concerning this agreement. KLE /sjb Enclosure (2) Sincerely, Kent L. Ellis, P.E. Local Systems Engineer District 6 January 2003 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR IOWA CLEAN AIR ATTAINMENT PROGRAM (ICAAP) PROJECT RECIPIENT: City of Dubuque PROJECT NO.: STP -A- 032 - 1(29)- -86 -31 IOWA DOT AGREEMENT NO.: 6 -10- ICAAP -11 This is an agreement between the City of Dubuque, Iowa (hereinafter referred to as the RECIPIENT) and the Iowa Department of Transportation (hereinafter referred to as the DEPARTMENT). Iowa Code Sections 306A.7 and 307.44 provide for the RECIPIENT and the DEPARTMENT to enter into agreements with each other for the purpose of financing transportation improvement projects in Iowa with Federal funds. The RECIPIENT proposes an ICAAP project for funding under Sec.104(b)(2) and Sec. 149 of Title 23, United States Code. The Transportation Equity Act for the 21s` Century (TEA -21), enacted in 1998, reestablished the Congestion Mitigation and Air Quality Improvement Program. Federal regulations provide that the funds for this program are to be administered by the DEPARTMENT. The OMB (Office of Management and Budget) Circular A -133 requires the RECIPIENT to report the CFDA (Catalog of Federal Domestic Assistance) number and title on all Federal - Aid Projects. The RECIPIENT will use CFDA #20.205 and title, "Highway Planning and Construction" for this project. This information should be reported in "The Schedule of Expenditures of Federal Awards ". Pursuant to the terms of this agreement, applicable statutes, administrative rules, and programming by the DEPARTMENT and the Appropriate Metropolitan Planning Organization (MPO) / Regional Planning Affiliation (RPA), the DEPARTMENT agrees to provide STP Clean Air Attainment funding to the RECIPIENT for the authorized and approved costs for eligible items associated with said improvements. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 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 DEPARTMENT and the RECIPIENT's contact person. The DEPARTMENT's contact person shall be the District 6 Local Systems Engineer. The RECIPIENT's contact person shall be the City Engineer, or their designated representative. ICAAP Program Project Agreement Page 2 3. The RECIPIENT shall be responsible for the development and completion of the following described ICAAP project: a. Capacity Improvements on Iowa 32 from U.S. 20 to J.F. Kennedy Road including intersection improvements at Pennsylvania Avenue. The project provides for microwave sensors and vehicle detection, cameras, fiber optics and conduit installation. b. The Recipient and the Department have previously entered into the following agreements for the above referenced project: 6- 10- STPU -07 Surface Transportation Program (STP) and 2009 -TS -017 Traffic Safety Improvement Program (TSIP). All previously executed agreements shall remain in effect except as amended herein. c. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from ICAAP funds. The portion of the project costs reimbursed with ICAAP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or $448,086, whichever is less. Eligibility criteria and other provisions specific to ICAAP funds are contained in Exhibit 2 which is attached hereto and by this reference is incorporated into this agreement. 4. The RECIPIENT shall receive reimbursement of Federal STP funds for authorized and approved project costs of eligible items. The portion of the eligible project costs paid by Federal STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Dubuque Metropolitan Area Transportation Study current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 5. This agreement will become null and void if the project described in Section 3 drops out of the Dubuque Metropolitan Area Transportation Study current TIP or the approved current STIP prior to obligation of Federal funds. 6. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 7. It is the intent of both parties that no third party beneficiaries be created by this agreement. 8. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. 9. This agreement, as set forth in items 1 through 9 and EXHIBIT 1 paragraphs 1 through 30 herein, constitutes the entire agreement between the DEPARTMENT and ICAAP Program Project Agreement Page 3 the RECIPIENT concerning this project. Representations made before the signing of this agreement are not binding, and neither party has relied upon conflicting representations in entering into this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the DEPARTMENT and the RECIPIENT. ICAAP Program Project Agreement Page 4 IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number 6- 10- ICAAP -11 as of the date shown opposite its signature below. RECIPIE ► : City o Dubuque By / t —� & _ - / Date May 3 , 2010 Title I, Jeanne F. Schneider Roy D. Buol the CITY was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the CITY, on the 3 rd day of May , 2010 City Clerk of Dubuque, Iowa Date IOWA DEPARTMENT OF TRANSPORTATION Highway Division Kent L. Ellis, P.E. Local Systems Engineer District 6 , certify that I am the Clerk of the CITY, and that , who signed said Agreement for and on behalf of May 3 , 2010 By Date January 2003 EXHIBIT 1 Standard Provisions for Federal -Aid Project Agreement 1. Since this project is to be financed with local and Federal funds, the RECIPIENT shall take the necessary actions to comply with applicable State and Federal laws and regulations. In all programs and activities of Federal -aid recipients, subrecipients, and contractors, no person in the United States shall be excluded from participation in, be denied the benefits of or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age or handicap /disability. The DEPARTMENT will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federal -aid projects. 2. The RECIPIENT must receive notice of FHWA authorization from the DEPARTMENT before beginning any work for which federal -aid Reimbursement will be requested. The cost of work, occurring prior to securing FHWA authorization, will not be reimbursed with federal -aid funds. The RECIPIENT must contact the District Local Systems Engineer to obtain the procedures necessary to secure FHWA authorization. 3. The RECIPIENT shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA requirements for project environmental studies including historical/cultural reviews and location/design approval. If farmland is to be acquired, whether for use as project right -of -way or permanent easement, the RECIPIENT shall submit the U.S. Department of Agriculture Farmland Conversion hnpact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). 4. 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. Arrny Corps of Engineers and the DEPARTMENT, etc. 5. The project plans, specifications and project cost estimate (PS &E) shall be prepared and certified by a professional engineer 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. 6. If Federal -aid is requested for in -house engineering services, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to claim indirect costs under Federal awards, must prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget (OMB) Circular A -87 — Cost Principles for State, Local, and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost rate proposal to be certified by the governmental unit designated cognizant agency or the Federal agency providing the largest amount of Federal funds to the governmental unit. 7. 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. 8. 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). This is required only if the RECIPIENT uses federal funds for engineering services. 9. 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 only if federal funds are used for engineering services. 10. If preliminary engineering is federally funded, if the "do nothing" alternate is not selected, and if right -of -way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year following the fiscal year in which the Federal -Aid Project agreement is executed, the RECIPIENT will repay to the DEPARTMENT an amount equal to the amount of Federal funds made available for such engineering. 11. The RECIPIENT shall acquire the project right -of -way, whether by lease, easement or fee title and shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the DEPARTMENT's Right of Way Manual. The RECIPIENT shall contact the DEPARTMENT for assistance, as necessary, to ensure compliance with the required procedures, even if no federal funds in Right of Way purchase are involved. The RECIPIENT will need to get environmental concurrence before acquiring any needed right -of -way. With prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal -aid participation for right -of -way acquisition, the RECIPIENT will need to get environmental concurrence and Federal Highway Administration's (FHWA) authorization before purchasing any needed right -of -way. 12. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project may be eligible for Federal -aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 13. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. 14. 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 project, the RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the RECIPIENT is a city, the RECIPIENT shall comply with the public hearing requirements of the Iowa Code section 384.102. 15. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the DEPARTMENT in accordance with its normal letting procedures. After bids are received and reviewed, the DEPARTMENT will furnish the RECIPIENT with a tabulation of responsive bids received. 16. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff Action for concurrence to award the contract. The DEPARTMENT will mail three (3) originals of the unexecuted contract(s) to the RECIPIENT. 17. The RECIPIENT shall take action to award the contract or reject all bids. Following award of contract and signature by the lowest responsive bidder, the RECIPIENT shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two (2) copies of the performance bond, and two (2) copies of the certificate of insurance. 18. If Federal -aid is requested for force account construction, the RECIPIENT will follow the procedure outlined by the DEPARTMENT. 19. The DEPARTMENT will prepare the Federal -aid Project Agreement and submit it for Federal Highway Administration (FHWA) approval and obligation of Federal -aid funds. 20. The RECIPIENT shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Instructional Memorandums (I.M.'s). The DEPARTMENT will bill the RECIPIENT for testing services according to its normal policy. 21. The project shall be constructed under the DEPARTMENT'S Standard Specifications and applicable special provisions. Prior to their use in the PS &E, specifications developed by the RECIPIENT for individual construction items shall be approved by the DEPARTMENT. 22. If the project right -of -way is federally funded and if the actual construction is not undertaken by the close of the twentieth fiscal year following the fiscal year in which the Federal -Aid Project agreement is executed, the RECIPIENT will repay the sum or sums of Federal funds in the right of way to the DEPARTMENT. 23. The RECIPIENT may submit to the DEPARTMENT periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been completed in substantial compliance with the terms of this agreement. 24. The DEPARTMENT shall reimburse the RECIPIENT for properly docuinented 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. 25. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DEPARTMENT that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the DEPARTMENT accepts the project as complete. 26. 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 materials available at all reasonable tunes during the construction period and for three years from the date of final Federal reimbursement, for inspection by the DEPARTMENT, FHWA, or any authorized representatives of the Federal Government. Copies of said materials shall be furnished by the RECIPIENT if requested. 27. 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 DEPARTMENT's application review and approval process, plan and construction reviews, and funding participation. 28. The RECIPIENT shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the DEPARTMENT and the FHWA. 29. Implementation of Clean Air Act and Federal Water Pollution Control Act (Applicable to Contracts and Subcontracts which exceed $100,000): a. The RECIPIENT stipulates that any facility to be utilized in performance under or to benefit from this agreement is not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration to be listed. This is issued pursuant to the requirements of the Clean Air Act, as amended, and the Federal Water Pollution Control Act, as amended. b. 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. 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. 384 (Cities) and Iowa Code Chapter 311 (Counties). 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 total projects costs, the RECIPIENT shall refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest and penalties associated with the amount of the excess) within sixty (60) days of the receipt of any special assessment payments. The RECIPIENT shall notify the DEPARTMENT when any lands specially assessed no longer qualify for an agricultural deferment of the special assessment have been satisfied. The DEPARTMENT shall credit reimbursement billings to the FHWA in the amount of refunds received from the RECIPIENT. EXHIBIT 2 Agreement Provisions for Iowa Clean Air Attainment Program (ICAAP) Funds As a condition of receiving ICAAP funds, the Recipient shall comply with the following additional provisions: 1. The Recipient shall submit to the Department, no later than 30 days subsequent to the Recipient's signature date on this agreement, a timetable outlining the project schedule. If the Recipient fails to do so, the portions of this agreement pertaining to ICAAP funds may be considered in default. 2. The Recipient must have let the contract or construction started within 3 years of the date this project is approved by Department. If the Recipient does not do this, they will be in default for which the Department can revoke ICAAP funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least 60 days prior to the deadline. 3. The portions of the agreement pertaining to ICAAP funding may be declared to be in default by the Department if the Department determines that the Recipient's application for ICAAP funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 4. If the Recipient fails to perform any of the obligations of this agreement, the Department shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare the portions of this agreement relating to ICAAP funds in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the Department shall issue either a notice of acceptance of cure or notice of continued default. 5. In the event a default is not cured the Department may revoke ICAAP funding commitments and /or seek repayment of ICAAP funds provided by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the Department Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of Road Use Tax funds, or other methods as approved by the Commission. 6. 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.