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.