Safe Routes to School Program Project 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: Safe Routes to School Program - Dubuque School Safety Improvements
Project #SRTS -U- 2100(663)- -8U -31
Agreement #10 -SRTS -011
DATE: March 23, 2012
City Engineer Gus Psihoyos recommends City Council approval of the Iowa Department
of Transportation Agreement for a Safe Routes to School Program Project between the
Iowa DOT and the City of Dubuque for funding of Dubuque school safety improvements.
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
Masterpiece on the Mississippi
Dubuque
kratil
All - America City
11111,
2007
T0: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
SUBJECT: Safe Routes to School Program - Dubuque School Safety Improvements
Project #SRTS -U- 2100(663)- -8U -31
Agreement #10 -SRTS -011
DATE: March 23, 2012
INTRODUCTION
The purpose of this memorandum is to request approval of the Iowa Department of
Transportation (DOT) Agreement for a Safe Routes to School Program Project between
the Iowa DOT and the City of Dubuque (City) for funding of Dubuque school safety
improvements.
BACKGROUND
On September 20, 2010, the City Council authorized (Res. 367 -10) the filing of an
application with the Iowa DOT for funds through the Safe Routes to School (SRTS)
Infrastructure Grant Program for improvements at school locations identified by the Safe
Routes to School Master Plan.
DISCUSSION
The Iowa DOT Agreement for a Safe Routes to School Program Project provides
funding for the development and completion of the following:
Educational Institution
Street Affected
Beginning
End
Resurrection Elementary School
Asbury Road
Hacienda Drive
Welter Street
Eisenhower Elementary School
Sohn F. Kennedy
Road
Raven Oaks
Drive
Spring Valley Drive
Marshall Elementary School
Rhomberg Avenue
Ann Street
Decatur Street
Eleanor Roosevelt Middle School
Radford Road
Wolff Road
Saratoga Road
— Resurrection Elementary School: Four speed reduction flashing beacons will be
installed at either end of the corridor. New crosswalk and a crossing island will be
constructed approximately 540 feet west of Hacienda Drive. In addition, Strobe
Pedestrian crossing devices will be added at the new crossing located 540 feet west
of Hacienda on Asbury Road for Resurrection School. The City will install 670 linear
feet sidewalk along south side of Asbury Road from St. John Drive to the east
property line of Plastic Center property to accommodate students walking to and
from Resurrection.
— Eisenhower Elementary School: Two speed reduction flashing beacons will be
installed at either end of the corridor, and existing crosswalk and two stop bars will
be repainted.
— Marshall Elementary School: Two speed reduction flashing beacons will be
installed at either ends of the corridor, and existing crosswalk and two stop bars will
be repainted.
— Eleanor Roosevelt Middle School: Two speed reduction flashing beacons will be
installed at either end of the corridor. Four existing crosswalks and four stop bars at
Radford Court and three crosswalks at Saratoga Road will be repainted.
Per the submission guidelines, the Iowa DOT has recommended a September 18, 2012
bid - letting date. It is anticipated that the improvements will be completed by December,
2012. Upon completion, the City will be responsible for maintaining and operating the
improvements for a minimum of 10 years.
BUDGET IMPACT
The funding summary for the improvements is as follows:
CIP No. Fund Description
Safe Routes to School Program Grant
1011922 Safe Routes to School
Total Project Funding
ACTION TO BE TAKEN
Fund Amount
$71,000.00
16,0000.00
$87.000.00
I recommend that the Iowa Department of Transportation (DOT) Agreement for a Safe
Routes to School Program Project between the Iowa DOT and the City of Dubuque for
the funding for the Dubuque School Safety Improvements is executed.
Prepared by Jon Dienst, PE
cc: Chandra Ravada, ECIA
Jenny Larson, Budget Director
Don Vogt, Public Works Director
John Klostermann, Street & Sewer Maintenance Supervisor
Bob Schiesl, Assistant City Engineer
David Ness, PE
Duane Richter, Engineering Technician
Bill Schlickman, Traffic Engineering Assistant
RESOLUTION NO. 84 -12
RESOLUTION APPROVING THE IOWA DEPARTMENT OF
TRANSPORTATION (DOT) AGREEMENT FOR SAFE ROUTES TO SCHOOL
PROGRAM PROJECT (IOWA DOT AGREEMENT 10 -SRTS -011) FOR
DUBUQUE SCHOOL SAFETY IMPROVEMENTS
Whereas, the City of Dubuque has determined that improvements to
school zones, as recommended by the Safe Routes to School Master Plan and
Committee Members (City, County, ECIA, Dubuque Community School District,
and Holy Family School Representatives) will improve pedestrian and motorist
safety; and
Whereas, the Iowa Department of Transportation has authorized the use
of Safe Routes to School Program funds for Dubuque school safety
improvements; and,
Whereas, the City of Dubuque is willing to commit the necessary local
matching fund for project implementation and upon completion, in cooperation
with the Iowa Department of Transportation, be responsible for maintaining and
operating the public improvements for a minimum of 10 years.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF DUBUQUE, IOWA, THAT:
Section 1. The said Iowa DOT Agreement for Safe Routes to School
Program Project (Agreement No. 10 -SRTS -011) between the City of Dubuque
and the Iowa Department of Transportation be approved for the Dubuque school
safety improvements.
Section 2. That the Mayor be authorized and directed to execute two
copies of the Iowa DOT Agreement for Safety Routes to School Program Project
(Agreement No. 10 -SRTS -011) for the Dubuque school safety improvements.
Passed, approved and adopted this 2nd day of A . r i 1 , 2012.
Attest:
---nwaragrA0
Kevin irnstahl, City Clerk
Roy D. Buol, Mayor
K: \PROJECTS \SAFE ROUTES TO SCHOOL PROGRAM\2010 Safe Routes to School Program \Funding
Agreement \Safe Routes to School Funding Agreement - Resolution.doc
THE CITY OF
DUB
Masterpiece on the Mississippi
Proposed Speed Limit Change
near Eisenhower Elementary School
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30 MPH
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the City of Dubuque and parer-letting agantNS Welted the
most anent and accurate InNnaetion wane* DAMS and
ICS suppliers do nee warrant the aeoracy or carom or the
Information or date canalised *rent. The City and participating
agencies shell not be held liable for any direct, Indirect, Inddentel,
consequential, punitive, or **dal damages, whether fore weable or
unforeseeable, arising eat of the authorized or unauttvdted use of
this date or the Inability to uN this dam or out of any Munn of
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City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
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THE CITY OF
DUB
Masterpiece on the Mississippi
Proposed Speed Limit Change
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the Gay of Dubuque and partopating agencies utilised the
most current and a«urato inforrtutfon available, DAGIS Inc
It's suppliers do not warrant the accuracy or currency of the
Infonnadon or data contained herein. The City and partlaoating
agencies stall not De held liable ter any dlr0tt, Indlre t, Incmental,
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400 200 0 Feet
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Map Prepared by: TWK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589 -4270
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Masterpiece on the Mississippi
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DISCUSMER: ma Information was compka
tnrw the 055 qua Ares GoagrephIs Information System
(DAMS), which ledud.t data created by bath the City a
Dubuque ale Dubuque County. D Is understood that, addle
dn, aty a D.buO.. eed Wo40.nn0.ewaaos tatted the
most outran and acouata ufomeaaon ayabaaa. DAMS and
It's suppliers de not warrant tM .tbnraoy or Gfrenty of as
Infatuation or data contained ntwn. The City and oan5patine
agencies shall not be Oath lathe far any direct, Wawa, 0Odental,
eanaraartal, puatM, or special damages, yawner lereas.able or
unforeseeable, arising out of are .umorued or unaunaaea tae or
Ms data or the t,abaty to use Ins data or out a any breach a
1 inch = 400 feet
400 200 0 Feet
WE
Map Prepared by: TWK
City of Dubuque
Engineering Division
50 West 13th Steel
Dubuque, Iowa 52001
Phone: (563) 589-4270
cwv 1CC91 con Anna
THE CRY OF
DUB
Masterpiece on the Mississippi
Proposed Sidewalk Change
near Resurrection School
Dubuque
taltal
2007
Proposed Change to be Made:
Reduce Speed Limit from 35 MPH to 25 MPH
Using Time of Day Flashing blaming Lights
25
Legend
New Sign /Flasher Locations
Proposed Changes: 25 MPH
Residential Street
Existing Speed Limit' 30 MPH
Existing Speed Limit: 35 MPH
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DISCLAIMER; This Information wb somplW
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(001115). ,chit. Includes data treated by both the Cm of
Dubuque and DubOSU0 Colmty It 0 gndlrat000 that. walla
the City of Dubuque one pardclpaU00 agoncks utll0ad the
most command accurate stlormetkn ayallabk, 0:015 ono
It's suppliers do not warrant the accuracy or currency 01 the
Information or dab contained hotel. The City and paraklpabng
s0wuhs atoll not M M I bell. fn any direct, Ind0yct. Incidental,
Conaea0Mitlal. 00.0100, or Special domes... whether I .100.0 le or
unforeseeable. aroma Out of the authorized or unautnorinrl use of
thistle. or the Inabalty to use Lalsde. or anal any 0,0305 of
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Map Prepared by: TWK
City of Dubuque
Engineering Division
50 West 13th Street
Dubuque, Iowa 52001
Phone: (563) 589-4270
Fax: (563) 589 -4205
1-1:, Iowa Department of Transportation
800 Lincoln Way, Ames, IA 50010 515- 239 -1713
Fax: 515- 233 -7857
March 15, 2012
Jon Dienst
City of Dubuque
50 W 13th Street
Dubuque, IA 52001
Dear Mr. Dienst:
Re: Dubuque School Safety Improvements, Project # SRTS -U- 2100(663)-- 8U -31,
Agreement # 10 -SRTS -011
Enclosed are two copies of an agreement between the City of Dubuque and the Iowa
Department of Transportation for the above referenced Safe Routes to School
project. After looking it over, please sign both copies of the agreement and return
them to me. One original copy will be sent to you after the Department has signed
them.
Please remember that this agreement is NOT an authorization to expend funds.
Prior to incurring any costs that will be reimbursed with federal funds, written
authorization by the Federal Highway Administration (FHWA) must be received. In
addition, the City of Dubuque must comply with the provisions set forth in this
agreement to insure that eligible project costs may receive federal aid reimbursement.
Additional information on the federal funding process is available in the Instructional
Memorandums to Local Public Agencies at www.iowadot.gov /local systems/
publications/im/imtoc.pdf.
In order to determine due dates for project development requests and submissions, it
is necessary for each Safe Routes to School project to have a proposed letting date.
Your concept statement specified a letting date of July 2012; however, that date is too
soon to meet the plan submission deadlines for your project. We suggest a
September 18, 2012 letting date instead.
Referring to the enclosed memorandum, Project Development Submittal Dates and
Information (also found at www.iowadot.gov /local _systems /publications /im /3005.
pdf) and assuming the September 18, 2012 letting date, we will need your
preliminary plans delivered to us no later than April 17, 2012; we will need your check
plans delivered to us no later than May 29, 2012; and we will need your final plans
delivered to us no later than June 19, 2012. We will in turn forward these documents
throughout the Iowa Department of Transportation for review and approval. Please
let us know how this letting date works with your construction schedule.
Jon Dienst
March 15, 2012
Page 2
Keep in mind that early submittals are always helpful and will assist us in making sure
your project stays on schedule. This includes not only the agreement and plans
referenced above, but also documents pertaining to consultant selection, and project
development certification forms.
Please send the completed forms to:
Kathy Ridnour
Office of Systems Planning
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
Thank you for your assistance. If you have questions, I can be reached by telephone
at 515 - 239 -1713 or by e-mail at kathy.ridnour @dot.iowa.gov. I look forward to
working with you to ensure the successful completion of your Safe Routes to School
project.
Sincerely,
7 Azivaa,c)
Kathy Ridnour
Office of Systems Planning
KMR:plr
Enclosures
IOWA DEPARTMENT OF TRANSPORTATION (DOT)
AGREEMENT FOR A
SAFE ROUTES TO SCHOOL PROGRAM PROJECT
PROJECT NAME: Dubuque School Safety Improvements
RECIPIENT: City of Dubuque
PROJECT NUMBER: 'SRTS -U- 2100(663)- -8U -31
IOWA DOT AGREEMENT NUMBER: 10 -SRTS -011
This is an agreement between the City of Dubuque, hereinafter referred to as
RECIPIENT and the Iowa Department of Transportation, hereinafter referred to as
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 Safe Routes to School (SRTS) project for funding under Sec.
1101(a)(17) and Sec. 1404(b) of the Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA -LU). This legislation, which
was enacted in 2005, established the Safe Routes to School program to be
administered by the DEPARTMENT.
The Office of Management and Budget (OMB) Circular A -133 requires the RECIPIENT
to report the Catalog of Federal Domestic Assistance (CFDA) 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 East Centeral Intergovernmental
Association, the DEPARTMENT agrees to provide funding to the RECIPIENT for the
authorized and approved costs for eligible items associated with the development of the
Dubuque School Safety Improvements project.
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 organization for carrying out the provisions of
this agreement.
2. All notices required under this agreement shall be made in writing to the
DEPARTMENT's and /or the RECIPIENT's contact person. The
DEPARTMENT's contact person shall be Kathy Ridnour, Office of Systems
Planning, 800 Lincoln Way, Ames, Iowa, 50010, 515 - 239 -1713. The
RECIPIENT'S contact person shall be Jon Dienst, 50 West 13th Street,
Dubuque, Iowa, 52001, telephone 563 - 589 -4270.
1
3. The RECIPIENT shall be responsible for the development and completion of
the following described project:
Install school zone speed reduction flashing beacons, enhanced high -
visibility crosswalks, strobe pedestrian crossing devices at a new crossing
and 670 feet of new sidewalk to serve four elementary schools. The
estimated total cost is $87,000.00.
4. Eligible project costs for the project described in Section 3 of this agreement,
which are incurred after the date of Federal Highway Administration (FHWA)
authorization shall be paid as follows:
SRTS Funds (grant) $71,000.00
5. The total project costs paid by the Safe Routes to School Program grant shall
not exceed the amount stated above ($71,000.00) or 100 percent of the total
cost of the eligible items, whichever is the smaller amount. Any cost overruns
shall be paid solely by the RECIPIENT.
6. Project activities or costs eligible for funding include only those items set out in
Exhibit A, which is attached hereto and by this reference incorporated into this
agreement.
7. Activities or costs ineligible for funding include, but are not limited to, those
items set out in Exhibit B, which is attached hereto and by this reference
incorporated into this agreement.
8. The RECIPIENT shall provide project evaluation data to the National Center for
Safe Routes to School before and after project completion. Both parent
surveys and student travel tallies shall be conducted utilizing the forms provided
by the National Center for Safe Routes to School
(www.saferoutesinfo.org /resources). This data shall be provided prior to final
reimbursement for the contract. Final reimbursement of funds, including
retainage, shall be made only after the DEPARTMENT accepts the project
evaluation data as complete. Contact the DEPARTMENT's contact person
listed in paragraph 2 of this agreement for questions about applicability to your
project/plan.
9. Notwithstanding any other provisions of this contract, if funds anticipated for the
continued fulfillment of this contract are at any time not forthcoming or
insufficient, either through the failure of the State of Iowa to appropriate funds or
discontinuance or material alteration of the program for which funds were
provided, the DEPARTMENT shall have the right to terminate this contract
without penalty by giving not less than ninety (90) days written notice.
10. The DEPARTMENT reserves the right to delay reimbursement of funds to the
RECIPIENT if necessary to maintain a positive cash flow. If such a delay is
necessary and lasts more than five (5) working days, the DEPARTMENT shall
2
so notify the RECIPIENT in writing and shall give the RECIPIENT an estimate
of when reimbursement might be expected. The DEPARTMENT shall establish
a system to equitably make reimbursements to all RECIPIENTS so affected.
11. The RECIPIENT shall submit to the DEPARTMENT, no later than thirty (30)
days subsequent to the RECIPIENT's signature date on this agreement, a
timetable outlining the project schedule. Failure to do so by the RECIPIENT
may be considered a default under this agreement.
12. The RECIPIENT must have let the contract or begun construction within two (2)
years of the date this project is approved by the DEPARTMENT. Approval was
granted by the DEPARTMENT on January 10, 2012. If the RECIPIENT does
not do this, they will be in default for which the DEPARTMENT can revoke
funding commitments. This agreement may be extended for periods of up to six
(6) months upon receipt of a written request from the RECIPIENT at least sixty
(60) days prior to the deadline.
13. This agreement will become null and void if the project described in Section 3
drops out of the East Central Intergovernmental Association's current
Transportation Improvement Program (TIP) or the DEPARTMENT's approved
current Statewide Transportation Improvement Program (STIP) prior to
authorization of Federal funds.
14. If any part of this agreement is found to be void and unenforceable, the
remaining provisions of this agreement shall remain in effect.
15. It is the intent of both parties that no third -party beneficiaries be created by this
agreement.
16. This agreement shall be executed and delivered in two (2) 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.
17. This agreement is not assignable without the prior written consent of the
DEPARTMENT.
18. If the project described in Section 3 of this agreement crosses a state primary
road, then:
a. The RECIPIENT shall convey title to the State of Iowa, by quit claim deed, to
any right of way necessary for the primary road crossing, all at no cost to the
DEPARTMENT. However, the DEPARTMENT shall prepare detailed legal
descriptions and plats. The general configuration of the right of way to be
conveyed shall be agreed to by the RECIPIENT and the DEPARTMENT
prior to the survey.
b. The RECIPIENT shall submit six (6) copies of plans for all primary road
system crossings to the DEPARTMENT's contact person for review and
3
approval by the District Offices for necessary permits and the Offices of
Design and Maintenance with regard to crossing design and location,
signing, fencing, safety, maintenance, compliance with access control
policy, etc. Said approval shall be obtained before the RECIPIENT
proceeds with the construction of any primary road system crossing.
c. The use of primary highway right of way for this project's purpose shall be
subject to any rights enjoyed by any existing utility lines presently within the
right of way. If excavation of a utility line over which this project has been
placed is necessary for any reason, the utility shall be responsible for proper
backfilling of said excavation to ground level. The RECIPIENT shall be
responsible for any necessary resurfacing or restoration.
d. The use of primary highway right of way for this project's purpose shall be
subject to any future plans for reconstruction, improvement, maintenance,
and /or relocation of the highway by the DEPARTMENT. Any relocation of
this project necessary because of said plans shall be at the expense of the
RECIPIENT, all at no cost to the DEPARTMENT.
19. 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 the 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
FHWA authorization before purchasing any needed right of way.
20. 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 the Primary Road System when on the
DEPARTMENT'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.
21. The RECIPIENT shall be responsible for obtaining any permits, such as the
Right to Occupy and /or Perform Work Within the Right of Way, Permit of
Access, Utility Accommodation, Right to Install and Maintain Traffic Control
Devices, and /or other construction permits required for the project prior to the
start of construction.
In addition, the Recipient shall certify to the DEPARTMENT's contact person
that all known required environmental permits have been received and that all
4
environmental regulations have been complied with before funds are
reimbursed or credited.
Neither the approval of the project application for funding nor the signing of this
agreement shall be construed as approval of any required permit from the
DEPARTMENT.
22. 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.
23. In the event that right of way is required for the project, said right of way will be
acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition
and Relocation Assistance, and the Federal Uniform Relocation Assistance and
Real Property Acquisition Policies Act of 1970, as amended.
24. The project plans, specifications and cost estimate shall be prepared and
certified by a professional engineer, architect and /or landscape architect,
whichever applies, licensed to practice in the State of Iowa. The RECIPIENT
shall submit the plans, specifications and other agreement documents to the
DEPARTMENT for review. This submittal may be in divisions and in the order
of preference as determined by the RECIPIENT. However, the plans,
specifications and other agreement documents for each division must be
submitted at least thirty (30) days prior to the project letting of each division.
The DEPARTMENT shall review said submittal(s) recognizing the
RECIPIENT's development schedule and shall, after satisfactory review,
authorize in writing the RECIPIENT to proceed with implementation of the
project. The work on this project shall be in accordance with the survey, plans,
and specifications on file. Any modification of these plans and specifications
must be approved by the DEPARTMENT prior to the modification being put into
effect.
25. The RECIPIENT shall be responsible for the daily inspection of the project. For
projects let to contract, the RECIPIENT shall compile a daily log of materials
and quantities. For projects constructed with local forces, the RECIPIENT shall
compile a daily log of materials, equipment and labor on the project. The
DEPARTMENT reserves the right to inspect project activities and to audit
claims for funding reimbursement. The purpose of the inspection or audit is to
determine substantial compliance with the terms of this agreement.
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 make such materials available at all reasonable times
during the construction period and for three (3) years from the date of final
reimbursement, for inspection by the DEPARTMENT, FHWA or any authorized
5
representatives of the Federal government. Copies of said materials shall be
furnished by the RECIPIENT if requested.
27. 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.
28. The DEPARTMENT will reimburse the RECIPIENT for properly documented
and certified claims for eligible project costs, less a withholding of five (5)
percent of the Federal share of construction costs. Reimbursement will be
made 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 funds withheld.
29. Upon completion of the project described in this agreement, a professional
engineer, architect and /or landscape architect, whichever applies, licensed to
practice in the State of Iowa shall certify in writing to the DEPARTMENT that
the project activities were completed in substantial compliance with the plans
and specifications set out in this agreement.
In addition, prior to final reimbursement for the project, the RECIPIENT shall
furnish three (3) sets of "as- built" plans of the project to the DEPARTMENT.
Final reimbursement of funds, including retainage, shall be made only after the
DEPARTMENT accepts the project as complete.
30. If, in the opinion of the RECIPIENT, the specific provisions of this agreement
requiring the services of a professional engineer, architect and /or landscape
architect, whichever applies, licensed to practice in the State of Iowa prove to
be burdensome to the RECIPIENT or otherwise not in the public interest, and if
the RECIPIENT decides that the provisions of this agreement can be otherwise
complied with without endangering public safety, the RECIPIENT may request
that said provisions be waived on all or specific parts of the project identified by
the RECIPIENT. Such request shall be made in writing to the DEPARTMENT's
contact person who shall, after consultation with other DEPARTMENT staff as
necessary, make the final determination concerning said waiver. If said waiver
is granted, all provisions of this agreement requiring the services of a
professional engineer, architect and /or landscape architect, whichever applies,
licensed to practice in the State of Iowa shall be performed by the RECIPIENT's
contact person or designee.
31. The RECIPIENT agrees to indemnify, defend and hold the DEPARTMENT
harmless from any action or liability arising out of the design, construction,
6
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.
32. This agreement may be declared to be in default by the DEPARTMENT if the
DEPARTMENT determines that the RECIPIENT's application for funding
contained inaccuracies, omissions, errors or misrepresentations, or if the
DEPARTMENT determines that the project is not developed as described in the
application.
33. If the RECIPIENT fails to perform any obligation under this agreement, the
DEPARTMENT shall have the right, after first giving thirty (30) days written
notice to the RECIPIENT by certified mail return receipt requested, to declare
any part or all of this agreement in default. The RECIPIENT shall have thirty
(30) days from the date of the mailing of the notice to cure the default. If the
RECIPIENT cures the default, the RECIPIENT shall notify the DEPARTMENT
no later than five (5) days after the cure or before the end of said thirty (30) day
period given to cure the default. Within ten (10) working days of receipt of the
RECIPIENT's notice of cure, the DEPARTMENT shall issue either a notice of
acceptance of cure or a notice of continued default.
34. In the event a default is not cured, the DEPARTMENT may revoke funding
commitments and /or seek repayment of funds granted 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
Transportation 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.
35. In case of a dispute concerning the terms of this agreement, the parties shall
submit the matter to arbitration pursuant to Iowa Code Chapter 679A (2011).
Either party has the right to submit the matter to arbitration after ten (10) days
notice to the other party of their intent to seek arbitration. The written notice
must include a precise statement of the disputed question. 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 section for arbitration.
36. The RECIPIENT shall maintain, or cause to be maintained for the intended
public use, the improvement for ten (10) years from the completion date in a
manner acceptable to the DEPARTMENT. Failure to comply with this provision
may be considered a default of this agreement.
37. The RECIPIENT shall comply with all provisions of the equal employment
opportunity requirements prohibiting discrimination and requiring affirmative
action to assure equal employment opportunity as required by the Iowa Code
Chapter 216 (2011). No person shall, on the grounds of age, race, creed, sex,
7
color, national origin, religion, or disability, be excluded from participation in, be
denied the benefits of, or be otherwise subjected to discrimination under any
program or activity for which the RECIPIENT receives state funds from the
DEPARTMENT.
38. The RECIPIENT shall conduct the project development and implementation in
compliance with applicable laws, ordinances and administrative rules. For
portions of the project let to bid, the RECIPIENT shall advertise for bidders,
make a good faith effort to get at least three (3) bidders and hold a public letting
for the project work. Prior to awarding the contract, the RECIPIENT shall
provide the DEPARTMENT file copies of project letting documents within five
(5) working days after the letting. The RECIPIENT must wait for
DEPARTMENT concurrence before making the final award.
Additionally, for projects where Federal highway funds or Federal non - highway
funds are used to match the project, the RECIPIENT shall also follow all
administrative and contracting procedures, which would normally be used when
such funds are used. The RECIPIENT shall comply with all requirements for
use of said funds as outlined in Exhibit C.
39. The RECIPIENT shall include in their Notice to Bidders that Sales Tax
Exemption Certificates will be issued, as provided for by Iowa Code section
423.3, subsection 80. The RECIPIENT shall be responsible for obtaining the
sales tax exemption certificates through the Iowa Department of Revenue and
Finance. The RECIPIENT shall issue these certificates to the successful bidder
and any subcontractors to enable them to purchase qualifying materials for the
project free of sales tax.
40. This agreement, as set forth in items 1 through 39 herein, including referenced
exhibits, 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.
8
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement_
Number 10 -SRTS -011 as of the date shown opposite its signature below.
RECIPIENT: ,City of Dubuque
B Y: v 0 L1
Title: Mayor
Date: April
2 ,2012
1, Kevin S. Firnstahl , certify that I am City Clerk
and that Mayor, Roy D. Buol
who signed said Agreement for and on behalf of the City of dubuque was
duly authorized to execute the same by virtue of a formal Resolution duly passed and
adopted by Dubuque City Council on the 2nd day of
April , 20�
Signed: _ Date: Apr i t _2_, 20_12
Address:
5Cl West 1 '1th St _
Dubuque, IA. 52001
IOWA DEPARTMENT OF TRANSPORTATION
Planning, Programming and Modal Division
800 Lincoln Way, Ames, Iowa 50010
By:
Cr ig M kIey
D
Office of Systems Planning
Date: C, 202
9
EXHIBIT A
Eligible Project Costs for Usage of
Safe Routes to School Funds
Project activities or costs eligible for Safe Routes to School funding assistance include,
but are not limited to:
o Land acquisition, including appraisal and negotiation. Land may be acquired
by lease, easement or fee title.
o Construction of the project.
o Planning, design engineering and construction inspection directly associated
with the project.
o Creation and reproduction of promotional and educational materials.
o Bicycle and pedestrian safety curricula, materials and trainers.
o Development of SRTS plans, studies, and analysis tools.
o Stipends for parent or staff coordinators.
10
EXHIBIT B
Ineligible Project Costs for Usage of
Safe Routes to School Funds
Project activities or costs not eligible for Safe Routes to School funding assistance
include:
o Any and all costs incurred prior to the execution of an agreement and written
receipt of federal concurrence in environmental clearance for a project.
o Routine maintenance of the project.
o Overhead and operating costs - such as auditing, legal and administrative
costs - associated with the project.
o Expenses associated with the preparation and submission of a project
application.
o Utility costs not necessitated by the project.
o Purchase of office furnishings or equipment, construction equipment or
personal property.
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EXHIBIT C
Standard Provisions for Use of Federal -Aid
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, sub - recipients 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. While no specific commitment or numeric goal has been
established for this project, the Recipient is encouraged, in accordance with
Title 49, Code of Federal Regulations - Part 26 (49 CFR 26), to make a good
faith effort to ensure that disadvantaged business enterprises have the
maximum opportunity to compete for and perform contracts.
2. The Recipient must receive notice of FHWA authorization from the DOT 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 DOT 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. The Recipient
shall complete any mitigation agreed upon in the FHWA approval document. 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).
4. The Recipient shall certify to the DOT's contact person that all known required
environmental permits have been received and that all environmental regulations
have been complied with before funds are reimbursed or credited.
5. 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 DOT, etc.
6. General requirements and covenants (Division 11) of the DOT's standard
specifications shall apply to all projects let at the DOT.
7. 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
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of Iowa. The Recipient shall submit the plans, specifications and other contract
documents to the DOT for review and authorization to let the project.
8. The project shall be constructed under the DOT'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 DOT.
9. The Recipient shall comply with the procedures and responsibilities for materials
testing and construction inspection according to the DOT's Instructional
Memorandum (I.M.$). The DOT will bill the Recipient for testing services
according to its normal policy.
10. If Federal -aid is requested for in -house engineering services, the Recipient will
follow the procedure outlined by the DOT. 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 the 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.
11. If Federal -aid is requested for preliminary and /or construction engineering costs,
the Recipient will select a consultant(s) in accordance with the DOT's consultant
selection process.
12. The Recipient and the Consultant shall prepare a consultant contract for
engineering services in according 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.
13. After the contents of the consultant contract have been mutually approved, the
Recipient shall execute the contract and forward the same to the DOT for
authorization only if federal funds are used for engineering services.
14. 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 project 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
DOT an amount equal to the amount of federal funds made available for such
engineering.
15. The Recipient shall forward a Federal -aid Project Development Certification and
final PS &E to the DOT. Following FHWA's authorization, the DOT will advertise
the project for letting and furnish the Recipient with a sample letting package. As
a condition for the DOT to let the package, the Recipient agrees that the
Recipient has the financial resources to proceed with the project if bids submitted
13
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 26.12.
16. Procurement procedures shall be as follows unless some other method is
considered to be cost effective (such as the use of Recipient local forces), is
proposed by the Recipient, and is approved by the DOT.
a. Procurement by small purchase procedures. Small purchase procedures are
those relatively simple and informal procurement methods for securing
services, supplies, or other property that do not cost more (in aggregate) than
$25,000 for cities and $50,000 for counties. If small purchase procedures are
used, price or rate quotations will be obtained from an adequate number of
qualified sources.
b. Procurement by sealed bids (formal advertising). Bids are publicly solicited
and a firm fixed -price (lump sum or unit price) is awarded to the responsible
bidder whose bid, conforming with all the material terms and conditions of the
invitation for bids, is the lowest in price.
c. Procurement by competitive proposals. The technique of competitive
proposals is normally conducted with more than one source submitting an
offer, and with a fixed -price or cost - reimbursement type contract is awarded.
It is generally used when conditions are not appropriate for the used of sealed
bids.
d. Procurement by non - competitive proposals is procurement through solicitation
of a proposal from only one source, or after solicitation of a number of
sources, competition is determined inadequate. Procurement by non-
competitive proposals may be used only when the award of a contract is
infeasible under small purchase procedures, sealed bids, or competitive
proposals and one of the circumstances noted in Title 49 Code of Federal
Regulations - Part 18.36 Procurement.
The Recipient shall notify the DOT of the procurement method it intends to use.
If procurement method "C" or "D" above is selected, the Recipient shall include
justification for its selection and obtain approval from the DOT.
17. For contracts let to sealed bid, the letting shall be conducted by the DOT's Office
of Contracts unless specifically requested and approved otherwise by the parties
hereto.
18. If portions of the project are let to sealed bid by the Recipient, the Recipient shall
advertise for bidders five (5) days before the letting, make a good faith effort to
get at least three (3) bidders, hold a public letting and award contracts for the
project work. DOT concurrence in the award must be obtained prior to the award.
The Recipient shall provide the DOT file copies of project letting documents
within five (5) days after the letting. If the Recipient is not a political subdivision
14
of the State of Iowa, the Recipient shall comply with the applicable laws,
administrative rules and procedures for public purchasing and contracting as
applicable to political subdivisions of the State of Iowa.
19. When let by the DOT, the DOT will prepare an Iowa DOT Staff Action for
concurrence to award the contract. The DOT will mail three (3) originals of the
unexecuted contract(s) to the Recipient.
20. The Recipient shall take action to award the contract or reject all bids. Following
award of the contract and signature by the lowest responsive bidder, the
Recipient shall forward to the DOT two (2) copies of the fully executed contract,
two (2) copies of the performance bond and two (2) copies of the certificate of
insurance.
21. If Federal -aid is requested for force account construction, the Recipient will follow
the procedure outlined by the DOT.
22. The Recipient shall assure compliance with Section 165 of the Surface
Transportation Assistance Act of 1982, 49 U.S.C. 1601, Section 337 of the
Surface Transportation and Uniform Relocation Assistance Act of 1987, and Title
49 Code of Federal Regulations - Parts 660 and 661 regarding "Buy America"
provisions on the procurement of foreign products and materials.
23. The Recipient shall assure that all contracts entered in furtherance of this project
shall contain the following provisions:
a. Contain notice of awarding agency requirements and regulations pertaining to
reporting.
b. Contain a provision allowing access by the DOT, the Federal Highway
Administration, the Comptroller General of the United States, or any of their
duly authorized representatives to any records of the contractor which are
directly pertinent to that specific contract for the purpose making audit,
examination, excerpts and transcriptions.
c. Contain a provision requiring retention of all required records for three years
after the contracting agency makes final payments and all other pending
matters are closed.
d. Contain mandatory standards and policies relating to energy efficiency, which
are contained in the state energy conservation plan issued in compliance with
the Energy Policy and Conservation Act (Pub.L.94 -163, 89 Stat. 871).
e. All contracts for construction or repair shall require compliance with the
Copeland "Anti- Kickback" Act (18 U.S.C.874) as supplemented in Department
of Labor regulations (29 CFR part 3).
15
f. If the project is within a Federal -aid highway right of way and is in excess of
$2,000, the contract shall require compliance with the Davis -Bacon Act (40
U.S.C. 276a to 276a -7) as supplemented by Department of Labor regulations
(29 CFR part 5).
g. Construction contracts in excess of $2,000 and other contracts in excess of
$2,500 which involve the employment of mechanics or laborers, shall require
compliance with Sections 103 and 107 of the Contract Work Hours and Safety
Standards Act (40 U.S.C. 327 -330) as supplemented by Department of Labor
Regulations (29 CFR part 5).
h. If the contract is for more than $10,000 it shall provide for termination for
cause and for convenience by the contracting agency, including the manner
by which it will be affected and the basis for settlement.
i. Construction contracts in excess of $10,000 shall require compliance with
Executive Order 11246 as of September 24, 1965, entitled "Equal
Employment Opportunity" as amended by Executive Order 11375 of October
13, 1967, and as supplemented in Department of Labor regulations (41 CFR
chapter 60).
j. If the contract is for more than $100,000 it shall contain administrative
contractual or legal remedies in instances where contractors violate or breach
contract terms, and provide for such sanctions and penalties as may be
appropriate.
It also requires compliance with all applicable standards, orders, or requirements
issued under Section 306 of the Clean Air Act (42 U.S.C. 1857(h), Section 508 of
the Clean Water Act (33 U.S.C. 1368), Executive Order 11738, and
Environmental Protection Agency Regulations (40 CFR part 15).
24. The DOT will prepare the Federal -aid Project Agreement and submit it for FHWA
approval and obligation of Federal -aid funds.
25. 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 DOT.
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).
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27. If the Recipient, within the next twenty (20) years after project completion,
decides to sell the structure to a private party or it is now under private
ownership, the Recipient shall:
a. Execute a recordable document for preserving the historical and
architectural integrity for twenty (20) years from the date of receipt of public
funds; or
b. Repay the State of Iowa all the funds received by the Recipient.
28. 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 DOT in the
amount that payments of Federal -aid and collections of special assessments,
excluding interest and penalties, exceed the total cost of the public improvement
as established by the provisions of Iowa Code Chapter 384. The Recipient
agrees that at such 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 in excess of the total project costs (including
interest and penalties associated with the amount of excess) within sixty (60)
days of the receipt of any special assessment payments. The Recipient shall
notify the DOT when any lands specially assessed no longer qualify for an
agricultural deferment of the special assessment, and notify the DOT when all
special assessments have been satisfied. The DOT shall credit reimbursement
billings to the FHWA in the amount of refunds received from the Recipient.
17