IDOT TEA-21 Funds Grant Agreement - Railroad Freight House
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Prepared by: Laura Carstens. City Planner Address: CitY Hall. 60 W.131b St. Dubuaue Telephone: 689-4210
RESOLUTION NO. 319-00
RESOLUTION APPROVING A TEA-21 GRANT AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION (lOOT) FOR THE RAILROAD FREIGHT HOUSE
RESTORATION PROJECT
Whereas, the Dubuque County Historical Society (oCHS) has been awarded a $629,100
grant by the lOOT for the Railroad Freight House Restoration Project; and
Whereas, the DCHS has the necessary 30% matching funds of $269,600 available for this
project; and
Whereas, the lOOT requires approval of a TEA-21 grant agreement for this project with the
City.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That the Mayor is hereby authorized to sign and submit this grant agreement to
the lOOT.
Section 2. That the DCHS stipulates that the Society has the required 30% matching funds
available for this grant.
Section 3. That the DCHS stipulates that it will assume responsibility for adequate
maintenance of any new or improved facilities as a result of this application for a minimum of 20
years following project completion.
Section 4. That the City of Dubuque and the oCHS hereby agree to abide by the terms of
this agreement with lOOT.
Passed, approved and adopted this 17thday of
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
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RESOLUTION APPROVING AN AGREEMENT WITH THE IOWA DEPARTMENT OF
TRANSPORTATION (IDOT) AND CITY OF DUBUQUE FOR THE RAILROAD FREIGHT
HOUSE TRANSPORTATION ENHANCEMENT PROJECT
Whereas, in association with the City of Dubuque, the Dubuque County Historical
Society has been awarded a $629,121 grant for the Railroad Freight House Transportation
Enhancement Project; and
Whereas the Dubuque County Historical Society has the necessary 30% matching funds
of $269,623 available for this project; an~
Whereas, the Iowa Department of Transportation (IDOT) requires approval of an
agreement for this project with the City. - .
NOW BE IT RESOLVED BY THE DUBUQUE COUNTY HISTORICAL SOCIETY
That the Director of the Dubuque County Historical Society is hereby authorized to sign
this agreement with the City and the IDOT.
That the Dubuque County Historical Society has the required 30% matching funds
available for this agreement.
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That the Dubuque County Historical Society will assume responsibility for adequate
maintenance of any new or improved facilities as a result of this application for a minimum of 20
years following project completion.
That the Dubuque County Historical Society agrees to abide by the terms of this
agreement with the IDOT.
P~, approved an dopted by Vote of the Dubuque County Historical Society Board
this II day of u;..
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July,1999 .
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
TRANSPORTATION ENHANCEMENT PROGRAM PROJECT
(Statewide)
RECIPIENT: City of Dubuque
PROJECT NO.: STP-ES-2100(619)--81-31
IOWA DOT
AGREEMENT NO.:00-STPE-45
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 financing
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 st 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.
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Pursuant to the terms of this agreement, applicable statutes, administrative rules, and
programming by the DEPARTMENT and the East Central Iowa Intergovernmental
Association (Dubuque MOP) 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 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 Local Systems Engineer of the District 6 Office. The
RECIPIENT's contact persons shall be the Executive Director of Dubuque County
Historical Society and the City Clerk
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Agreement.No: 00-STPE-45
Page 2
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The RECIPIENT shall be responsible for the development and completion of the
following described Transportation Enhancement project:
The restoration of the Historic Railroad Freight House (Woodward Building)
in the northeast side of the Riverboat Museum complex.
4. 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 Dubuque MPO
current Transportation Improvement Program (TIP) and in the approved 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 MPO current TIP or the approved current STIP prior to obligation
of Federal funds.
6. The attached Exhibit E will apply and i~ hereby made a part of this agreement.
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Agl'eement No: 00-STPE-45
Page 3
. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement Number
00-STPE-45 as of the date shown opposite its signature below.
Date
7/17/00
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Title Mayor
ATTEST: Dubuque
S{gned~~hA/
t7
Title City C1 erk
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Date
7/17 /00
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By
Date
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Roger R. Walton, P.E.
Local Systems Engineer
District 6 Office
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J u.ly 1999
EXHIBIT E
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Standard Provisions for Federal-Aid
Transportation Enhancement Project Agreement
1.
Since this project is to be financed in part 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 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/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
Impact Rating form, when required, to the U.S. Natural Resources Conservation Service
(NRCS).
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3.
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.
4. General Requirements and Covenants (Division 11) of the DEPARTMENT'S standard
specifications shall apply to all projects let at the DEPARTMENT.
5. 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.
6.
The project plans, specifications and project cost estimate (PS&E) shall be prepared and
certified 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.
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EXHIBIT E
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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.
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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).
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.
10. 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 ifno 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 (FHW A) authorization before purchasing 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 FHW A rules applicable to the type
of utility involved and Iowa Code Chapter 306A.
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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, 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 Department to let the project, the
RECIPIENT agrees that the RECIPIENT has the financial resources to proceed with the
project ifbids submitted are 110% of the project cost estimate 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 contract awarded by competitive bidding, the
project will normally 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.
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15.
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.
EXHIBIT E
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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 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 prepare the Federal-aid Project Agreement and submit it for
Federal Highway Administration (FHW A) 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 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
engineer/architect/landscape architect 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.
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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 years from the date of final Federal reimbursement, for inspection by the
DEPARTMENT, FHWA, or any authorized representatives ofthe Federal government.
Copies of said materials shall be furnished by the RECIPIENT, if requested.
23. 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, or 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.
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 FHWA.
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EXHIBIT B
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25.
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.
26. If this 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:
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Execute a recordable document for preserving the historical and
architectural integrity for 20 years from the date of receipt of public funds;
or
Repay the State oflowa all the funds received by the RECIPIENT.
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28. If any part ofthis agreement is found to be void and unenforceable, the remaining
provisions of this agreement shall remain in effect.
29. It is the intent of both parties that no third party beneficiaries be created by this agreement.
30.
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If the RECIPIENT elects to levy special assessments as a means of raising the local share
ofthe 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 oflowa 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 sixty (60) days ofthe 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 reimbursement billings to the FHWA in the
amount of refunds received from the RECIPIENT.
EXHIBIT E
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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 same instrument.
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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
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.
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~.. I~~t~ Department of Transpo~_~~2~
. ~, 430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150, Cedar Rapids, IA 52406-3150
April 18, 2000
Ref: STP-ES-2100(619)--8I-31
Dubuque County
City of Dubuque
Agreement.OO-STPE-45
Bob Schiesl
City of Dubuque
50 West 13th Street
Dubuque, IA 52001
SUBJECT: Railroad Freighthouse
Dear Bob:
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Attached are 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 preservation of the railroad
freighthouse.
Please secure the necessary approvals and signatures of your city council and return both signed
copies of the agreement to this office for further processing. An original of the fully executed
agreement will be forwarded to the city after final signature by our department.
You 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,
7< f. err J4,r.
Roger R. Walton, P.E.
Local Systems Engineer
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RRW:keh
Attachment
cc: William Nelson, Local Systems, Iowa DOT, Ames, IA 50010
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CITY OF DUBUQUE, IOWA
MEMORANDUM
June 26, 2000
TO:
Michael C. Van Milligen, City Manager
FROM:
Laura Carstens, Planning Services Manager ~
SUBJECT:
Grant Agreement with lOOT for Statewide TEA-21 Funds for the
Railroad Freight House Restoration Project
This memo transmits a resolution and a grant agreement with the Iowa Department
of Transportation (lOOT) for statewide TEA-21 transportation enhancement funds for
the Railroad Freight House Restoration Project, for City Council review and approval.
The Dubuque County Historical Society (DCHS) received a $629,121 grant from IDOT
in April, 2000 for this project.
As a non-profit, DCHS is eligible to apply for TEA-21 funds with sponsorship by the
City or Dubuque County. The City and DCHS have a similar sponsorship arrangement
with transportation enhancements grants for restoration of the William M. Black
historic steamboat. The City is the sponsor of the grant, and so must execute the
grant agreement with IDOT.
The Railroad Freight House Restoration Project involves the restoration of the building
which now houses the Woodward Riverboat Museum and DCHS offices. The project
is part of the Mississippi River Discovery Center project. The total project cost is
estimated to be approximately $898,700. The TEA-21 grant provides 70% of the
project costs. The DCHS must provide the required 30% local match. The City will
incur the indirect costs of grant administration. Also, the City will need to pay for
70% of the project costs up front, and then seek reimbursement from the lOOT as the
project progresses.
I recommend that the City Council approve the attached resolution authorizing the
City's sponsorship of the TEA-21 grant agreement with IDOT for the Railroad Freight
House Restoration Project, and authorizing the Mayor to sign the grant agreement.
Attachments