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IDOT North Cascade Road Bridge AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque bierd All-America City 1 2007 SUBJECT: North Cascade Road Bridge Replacement - Dbq. County ER Project Iowa Department of Transportation - Federal Aid Funding Agreement Iowa DOT Project No. STP -U -2100 (671)- -70 -31 Iowa DOT Agreement No. 6 -11- STPU -21 DATE: January 17, 2012 On July 27 -28, 2011, Dubuque County received extremely heavy rainfall with amounts reported to be up to 15 inches in 12 hours. Rushing flood waters on the South Fork of Catfish Creek overtopped the North Cascade Road and bridge, which is located outside the City limits, washing out major portions of the west approach roadway to the bridge, including the west abutment causing the bridge to collapse on the morning of July 28th City Engineer Gus Psihoyos recommends City Council authorization for the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement for the North Cascade Road Bridge Replacement Project in Dubuque County. Although the North Cascade Road Bridge is currently under the jurisdiction of Dubuque County, due to the bridge location and close proximity to the City's corporate limits, it is anticipated that this southwest corridor will be annexed and become part of the City at some point in the future. Additionally, with the recent development of the Timber -Hyrst Estates residential subdivision and the development agreement between the City and North Cascade Road Developers, LLC, the City previously agreed to construct safety improvements to North Cascade Road, west of the bridge to approximately Edval Lane. The existing sight distance along this stretch of North Cascade Road is less than desirable and the proposed geometric realignment of the existing curves will improve safety for the motorist. The development agreement initially stipulated that said improvements will be completed by the end of the 2012 construction season. However, due to budgetary funding restraints and recent housing market conditions, the developer has agreed to allow the project to be delayed until 2013. Based on the City's proposed plans to make safety improvements to North Cascade Road (immediately adjacent and west of the bridge) and in consideration for planning for the future expansion of the City, staff met with representatives from the County, the Iowa DOT and the Federal Highway Administration to discuss and request that the bridge and roadway be designed to urban design standards rather than typical rural standards. The Federal Highway Administration has reviewed the City's request and issued a determination that reconstructing the bridge and roadway to urban design standards would be considered betterment, or a design upgrade, and would not be eligible for Federal Emergency Repair program funding. Based on federal regulations, the principal intent of the Federal Emergency Repair program is to restore facilities to "pre - flood" condition, with only consideration given to current design standards, such as Corps of Engineers or DNR requirements. Since the City already has funding budgeted in the amount of $924,000 for improvements to North Cascade Road, with funding programmed using both DMATS STP funds in the amount of $690,800 and local funds in the amount of $233,200, the City and County requested and received approval from both the Iowa DOT and the Dubuque Metropolitan Area Transportation Study (DMATS) to shift a portion of the City's DMATS STP programmed funds to assist in funding the North Cascade Road Bridge and the associated road pavement repairs. It is proposed that the City's DMATS STP funds and local matching funds be used to fund project costs that are considered non - eligible for Federal Emergency Repair program funding. The City would be responsible for all design upgrade costs to urban design standards, such as; an additional 2 feet bridge deck width, a separated pedestrian sidewalk added to the south side of the bridge, increasing the roadway pavement width from 26 feet to 35 feet and adding curb and gutter along with storm sewer. The estimated cost to replace the North Cascade Road Bridge is $1,371,523, with the City's portion of costs for the requested upgrades estimated at $388,856. This leaves $535,000 remaining to construct safety improvements to North Cascade Road, west of the bridge project, requiring the City to renegotiate the scope of work with North Cascade Road Developers, LLC. I concur with the recommendation and respectfully request Mayor and City Council approval. Michael C. Van Milligen MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer 2 THE CITY OF Dui �" E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: January 17, 2012 Dubuque krtrd All-AmericaCity 11111! 2007 SUBJECT: North Cascade Road Bridge Replacement - Dbq. County ER Project Iowa Department of Transportation - Federal Aid Funding Agreement Iowa DOT Project No. STP -U -2100 (671)- -70 -31 Iowa DOT Agreement No. 6- 11- STPU -21 INTRODUCTION The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Federal Aid Funding Agreement (Agreement No. 6-11- STPU-21) for the North Cascade Road Bridge Replacement Project in Dubuque County. BACKGROUND On July 27 -28, 2011, Dubuque County (County) received extremely heavy rainfall with amounts reported to be up to 15 inches in 12 hours. Rushing flood waters on the South Fork of Catfish Creek overtopped the North Cascade Road and bridge, washing out major portions of the west approach roadway to the bridge, including the west abutment causing the bridge to collapse on the morning of July 28th at approximately 8:30 A.M. On August 30, 2011, the City of Dubuque (City) and County received a Presidential Declaration (DR- 4018 -IA) for public assistance. Since North Cascade Road is on the City /County Federal Aid Classification Route, it is not eligible for FEMA public assistance. Since the North Cascade Road Bridge is under the jurisdiction of County, the County applied for and received approval for Federal Emergency Repair (ER) Program funding for its replacement. Based on the approved ER program funding, the Iowa Department of Transportation (Iowa DOT) has scheduled this project for the January 18, 2012 bid - letting in Ames. The project will include a total bridge reconstruction and the associated road pavement repairs at an estimated cost of $1,371,523. DISCUSSION Although the North Cascade Road Bridge is currently under the jurisdiction of Dubuque County, due to the bridge location and close proximity to the City's corporate limits, it is anticipated that this southwest corridor will be annexed and become part of the City at some point in the near future. Additionally, with the recent development of the Timber - Hyrst Estates residential subdivision and the development agreement between the City and North Cascade Road Developers, LLC, the City has previously agreed to construct safety improvements to North Cascade Road, west of the bridge to approximately Edval Lane. The existing sight distance along this stretch of North Cascade Road is less than desirable and the proposed geometric realignment of the existing curves will improve safety for the motorist. The development agreement initially stipulated that said improvements will be completed by the end of the 2012 construction season. However, due to budgetary funding restraints and recent housing market conditions, the developer has agreed to allow the project to be delayed until 2013. Based on the City's proposed plans to make safety improvements to North Cascade Road (immediately adjacent and west of the bridge) and in consideration for planning for the future expansion of the City, staff met with representatives from the County, the Iowa DOT and the Federal Highway Administration (FHWA) to discuss and request that the bridge and roadway be designed to urban (city) design standards rather than typical rural standards. The FHWA has reviewed the City's request and issued a determination that reconstructing the bridge and roadway to urban (city) design standards would be considered betterment (design upgrade) and would not be eligible for ER program funding. Based on federal regulations, the principal intent of the ER program to restore facilities to "pre- flood" condition with consideration given to current design standards, such as Corps of Engineers or DNR requirements. Since the City already has funding budgeted ($924,000) for improvements to North Cascade Road, City CIP No. 3002021, with funding programmed using both DMATS STP funds ($690,800) and local funds ($233,200), the City and County requested and received approval from both the Iowa DOT and the Dubuque Metropolitan Area Transportation Study (DMATS) to shift a portion of the City's DMATS STP programmed funds to assist in funding the North Cascade Road Bridge and the associated road pavement repairs. It is proposed that the City's DMATS STP funds and local matching funds (Sales Tax — 30%), will be used to fund project costs that are considered non - eligible for Federal ER program funding. The City would be responsible for all betterment (design upgrade) costs to urban (city) design standards, such as; an additional 2 feet bridge deck width, a separated pedestrian sidewalk added to the south side of the bridge, increasing the roadway pavement width from 26 feet to 35 feet and adding curb and gutter along with storm sewer. With the shifting of funds to the North Cascade Road Bridge Replacement Project, City staff will continue to work with North Cascade Road Developers, LLC. to revise the scope of work for the original North Cascade Road Reconstruction Project, City CIP No. 3002021, to reflect the anticipated remaining funding level. This will require the City to amend the existing development agreement with North Cascade Road Developers, LLC. to either shorten the westerly project limits for the proposed improvements to North Cascade Road or delay the project until additional funding can be re- programmed to complete the project westerly of the bridge to approximately Edval Lane. FUNDING AGREEMENT Under the terms of the Iowa DOT Federal -Aid Agreement, the City will be allowed to use DMATS Surface Transportation Program (STP) funds for those bridge and roadway improvements not eligible for the Federal Emergency Repair (ER) funding. The STP funds can be used for such project activities as construction, engineering, inspection, right -of -way property acquisition. PROJECT SCHEDULE The anticipated schedule for the project is as follows: Iowa DOT Bid - Letting County Award of Contract (Subject to Iowa DOT Approval) Iowa DOT Late Start Date Iowa DOT Working Days Completion Date (Approximate) January 18, 2012 February 13, 2012 April 2, 2012 100 Working Days September, 2012 COST ESTIMATE The estimate of probable cost for the North Cascade Road Bridge Replacement Project is as follows: Bridge & Road Construction Cost Right -of -Way Acquisition Engineering Design Services Administration, Construction Engineering & Inspection Total Project Cost: Estimate $ 1,187,023 35,000 53,080 96,420 $ 1,371.523 The estimated cost share breakdown between the City and the County is as follows: Bridge & Road Construction Cost Right -of -Way Acquisition Engineering Design Services Administration, Construction Engineering & Inspection Total Project Cost: BUDGET IMPACT The project funding summary is as follows: CIP No. County Amount $ 840,027 $ 346,996 35,000 38,218 14,862 69,422 26,998 $ 982.667 $ 388.856 Federal Emergency Repair (ER) Program (80 %) Dubuque County (20 %) 3002021 DMATS STP Funding (80 %) 3002021 City of Dubuque (20 %) Total Project Funding: Estimate $ 786,134 196,533 311,085 77,771 $ 1,371.523 Based on the allocation of City DMATS STP funds and local matching funds (Sales Tax — 30 %) to fund the non - eligible Federal Emergency Repair (ER) costs associated with the North Cascade Road Bridge Replacement Project, there will be approximately $535,000 remaining to construct safety improvements to North Cascade Road, west of the bridge project, City CIP No. 3002021. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Federal Aid Funding Agreement (Agreement No. 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U- 2100 (671)-- 70 -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 Federal Aid Funding Agreement (Agreement No. 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project, Iowa DOT Project No. STP -U -2100 (671)-- 70 -31. Prepared by: Robert Schiesl, Assistant City Engineer cc: Jenny Larson, Budget Director Bret Wilkinson, Dubuque County Engineer Kent Ellis, Iowa DOT, Local Systems Engineer Chandra Ravada, ECIA F \PROJECTS \North Cascade Rd Bridge - ER Project (671) \Funding Agreement \N Cascade Rd Bridge - County ER Project (671) - DOT Federal Aid Funding Agreement - Council Memo doc RESOLUTION NO. 35 -12 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6- 11- STPU -21) FOR THE NORTH CASCADE ROAD BRIDGE REPLACEMENT PROJECT, IOWA DOT PROJECT NO. STP -U -2100 (671)- -70 -31 Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program (STP) funds, East Central Intergovernmental Association Transportation Improvement Program (TIP) funds and Statewide Transportation Improvement Program (STIP) funds for the North Cascade Road Bridge Replacement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)-- 70 -31. Whereas, the DMATS STP funds will be utilized for eligible bridge and roadway improvements deemed not eligible for the Federal Emergency Repair (ER) funding. Said DMATS STP funds shall be used for such project activities as construction, engineering, inspection, and right -of -way property acquisition. Whereas, the DMATS STP federal aid appropriated funds will be eligible as per the terms of said funding agreement to complete said bridge and roadway improvements for the North Cascade Road Bridge Replacement Project in Dubuque County, Iowa DOT Project No. STP -U -2100 (671)-- 70 -31. 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 No. 6- 11- STPU -21) between the City of Dubuque and the Iowa Department of Transportation be hereby approved for the North Cascade Road Bridge Replacement Project in Dubuque. • Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Federal Aid Funding Agreement (Agreement No. 6- 11- STPU -21) for the North Cascade Road Bridge Replacement Project in Dubuque. Passed, approved and adopted this 6th day of Februa , 2012. Attest: Roy D. Buol, Mayor Kevin irnstahl, Ci y Clerk F: \PROJECTS \North Cascade Rd Bridge - ER Project (671) \Funding Agreement \N Cascade Rd Bridge - County ER Project (671) - DOT Federal Aid Funding Agreement - Council Resolution.doc fC83Iowa Department of Transportation District 6 Office 319 - 364 -0235 430 Sixteenth Avenue SW FAX: 319-364-9614 Cedar Rapids, IA 52404 kent.ellis @dot.iowa.gov December 22, 2011 Gus Psihoyos, P. E. City of Dubuque -City Engineer 50 West 13th Street Dubuque, Iowa 52001 -4864 Ref: STP -U- 2100(671) -70 -31 Dubuque County City of Dubuque Agreement No. 6 -11- STPU -21 SUBJECT: Agreement 6- 11- STPU -21 FINAL (Bridge Replacement -North Cascade Road over South Fork of Catfish Creek). Dear Mr. Psihoyos: 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 bridge replacement on North Cascade Road over the south fork of Catfish Creek. 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 both copies and one of the copies of 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. Sincerely, Kent L. Ellis, P.E. Local Systems Engineer District 6 KLE /sjb Enclosure (2) November 2008 IOWA DEPARTMENT OF TRANSPORTATION Federal -aid Agreement for a Surface Transportation Program Project Recipient: City of Dubuque Project No.: STP -U- 2100(671)- -70 -31 Iowa DOT Agreement No.: 6- 11- STPU -21 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 on streets and highways in Iowa with Federal funds. Federal regulations require Federal funds to be administered by the Department. The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), Public Law 109 -59, as amended by the SAFETEA -LU Technical Corrections Act, Public Law 110 -244, reestablished the Surface Transportation Program (STP), now codified at Section 133(b) of Title 23, United States Code (U.S.C.). This program makes Federal funds available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Funding for highways is limited to Federal -aid highways, except that up to 15 percent of a State's sub - allocation of STP funds for areas with less than 5,000 population may be used for projects on rural minor collectors. Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the project. Under this agreement, the parties further 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 appropriate contact person. The Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The Recipient shall be responsible for the development and completion of the following described STP project: Bridge replacement - On North Cascade Road over the south fork of Catfish Creek. Said bridge is being replaced with Federal Emergency Repair funds, from a flood event in July of 2011. The City's STP contribution for the bridge replacement, is for betterments to the new bridge the City of Dubuque requested, but were not eligible for ER funding. 4. 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. 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the East Central Intergovernmental Association current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. 6. 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, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void. STP Project Agreement Page 2 7. If any part of this agreement is found to be void unenforceable, the remaining provisions of this agreement shall remain in effect. 8. It is the intent of both parties that no third party beneficiaries be created by this agreement. 9. 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 agreement. 10. This agreement and the attached Exhibit 1 constitute 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 shall be made in the form of an addendum to this agreement. The addendum shall become effective only upon written approval of the Department and the Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. By h Mayor City Signature Block (City Projects Only) Date February 6 2012 Title of city official I, Kevin S. F i r n s t a h l , certify that I am the City Clerk of Dubuque, and that R Qy n _ H i t c- i , who signed said Agreement for and on behalf of the city was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the6 t h day of Februar , 2012 Signed Date February 6 , 2012 City Clerk of Dubuque, Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division By Date , 20, Kent L. Ellis, P.E. Local Systems Engineer District 6 November 2008 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non - primary Highways 1. General Requirements. a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on -line at: http: / /www.iowadot.gov /Iocal_systems/ publications /im /Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi- use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. d. 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. e. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph f. The Office of Management and Budget (OMB) Circular A -133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A-133. CFDA #20.205 and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts from which initial costs were paid, the Department will report this project on its SEFA. In this case, the Recipient shall not report this project on its SEFA. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, Exhibit 1 Page 2 includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In -House Services. a. If Federal funding is requested for in -house services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal -aid Participation in In -House Services. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of 2 CFR 225. Before incurring costs for in -house services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications -based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in I.M. 3.305, Federal -aid Participation in Consultant Costs. b. If preliminary engineering is Federally funded, and 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 funds were authorized, the Recipient shall repay to the Department an amount equal to the amount of Federal funds made available for such engineering. 5. Environmental Requirements and other Agreements or Permits. a. 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 approval. The Recipient shall complete any mitigation agreed upon in the FHWA approval document. b. 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). c. 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, the Department, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid Highway 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 funding reimbursement. lithe Recipient desires Federal reimbursement of these costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed $100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section 308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the Recipient shall stipulate that any facility to be utilized in performance of 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. Exhibit 1 Page 4 9. Payments. a. After costs have been incurred, 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 paid in full and completed in substantial compliance with the terms of this agreement. b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final audit or review is complete and after the Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total funds collected shall include any Federal or State funds received, and any special assessments made by the Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the project. In the event that the total funds collected by the Recipient does exceed the total project costs, the Recipient shall either: 1) refund to the assessed property owners the excess special assessments collected (including interest and penalties associated with the amount of the excess), or 2) 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 60 days of the receipt of any excess funds. In return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate State fund account in the amount of refunds received from the Recipient. 10. Project Close -out. a. Upon completion of the project, a Professional Engineer licensed 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. b. 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 these materials available at all reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal Government. Copies of these materials shall be furnished by the Recipient if requested. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA. DEPARTMENT: Engineering STATE PROGRAM: Public Works PROJECT TITLE: North Cascade Road Reconstruction - Phase 1 PROGRAM: 2C DEPARTMENT: 55 FDICIP NO: 300 -2021 TOTAL PROJECT COST $ 976,623 EXP PRIOR ESTIMATED PROJECT BUDGET 2011 2012 2013 2014 2015 BEYOND TO FY 11 FY 11 -12 -13 -14 -15 -16 2016 A. EXPENDITURE ITEMS $ 3,116 $ 49,507 Design & Engineering $ 44,000 Land and R OW $ 16,500 Construction $ 863,500 Other $ 3,116 $ 49,507 TOTAL $ - $ 924,000 $ - $ - $ - $ - B. PROJECT FINANCING DMATS STP Funds $ 690,800 $ 3,116 $ 49,507 Sales Tax Fund (30 %) $ 233,200 $ 3,116 $ 49,507 TOTAL $ - $ 924,000 $ - $ - $ - $ - PROJECT DESCRIPTION This project provides for the reconstruction of North Cascade Road between Edval lane and the bridge over Catfish Creek on North Cascade Road The existing curves on North Cascade Road will be realigned to allow for better sight distance This will require some purchase of ROW to accommodate the larger curves which will improve sight distance The roadway section will be a 37 foot wide rural section Watermain will be extended along this corridor to serve Marty McNamer's proposed subdivision on the south side of North Cascade Road in this area The City is proposing to use DMATS STP funding on eligible City street construction and traffic capacity 1 safety related improvement projects which would allow local funds to be transferred to the Southwest Arterial Project and used as matching cost for the federal funds This project will shift $690,800 in DMATS STP funds which would allow the leveraging of approximately $2 8 million in federal dollars for the South west Arterial Project JUSTIFICATION A large subdivision is proposed to be adjacent to the south side of North Cascade Road between Edval Lane and the Catfish Creek bridge The development agreement for this subdivision between the City of Dubuque and North Cascade Road Developers, LLC stipulates that the City of Dubuque will have this road reconstructed by the end of the 2012 construction season However, due to funding restraints and current housing market conditions, the developer has agreed to allow the project to be delayed until 2013 The existing sight distance along this stretch of North Cascade Road is less than desirable and the realignment of the existing curves in this area will improve safety for the motoring public RELATIONSHIP TO OTHER PROJECTS This project has a direct impact on the North Cascade Road Bridge Replacement Project due to the change in the roadway width and section type and the realignment of the curves This project also has a direct effect on the Watermain Extension Project This project implements the Comprehensive Plan's Infrastructure Element Goal 4 1 RELATIONSHIP TO SUSTAINABILITY PRINCIPLES This project implements the Sustainable Principle of Clean Water and Community Design 339