National Scenic Byways/State Recreational Trail Grant AgreementTHE CITY OF
Dui
Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
Dubuque
band
AI -America City
r
2007 • 2012 • 2013
SUBJECT: Upper Bee Branch Creek Restoration Project, National Scenic Byways &
State Recreational Trail Grant Agreement
DATE: August 26, 2014
City Engineer Gus Psihoyos recommends City Council approval to enter into an
agreement with the Iowa Department of Transportation in order to utilize the $1,000,000
National Scenic Byways Grant and the $100,000 State Recreational Trails Grant for the
Upper Bee Branch Creek Restoration Project. These funds will be used to convert the
current on -street bike route of the National Mississippi River Trail to an off-road
bike/hike trail that will be located in the linear park along the daylighted Bee Branch
Creek. The Bee Branch Creek Mississippi River Trail Route will incorporate bike/hike
trails, lighting, benches, trees, sustainable landscaping, parking, a waterfall overlook ,
and an amphitheater/outdoor classroom.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
l.
Mic ael C. Van Milligen
bd-t44 ,
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
THE CITY OF
DUB
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
Dubuque
kTettli
�AmertcaCi
2007 • 2012 • 2013
SUBJECT: Upper Bee Branch Creek Restoration Project, National Scenic Byways &
State Recreational Trail Grant Agreement
DATE: August 26, 2014
INTRODUCTION
The purpose of this memorandum is to seek authorization to enter into an agreement
with the Iowa Department of Transportation in order to utilize the $1,000,000 National
Scenic Byways Grant and the $100,000 State Recreational Trails Grant for the Upper
Bee Branch Creek Restoration Project.
BACKGROUND
The City of Dubuque was.awarded National Scenic Byways grant funding of $1,000,000
in August 2011 for the Bee Branch Creek Mississippi River Trail (MRT) that is part of
the Upper Bee Branch Creek Restoration Project. The current on -street bike route of the
national Mississippi River Trail will be converted to an off-road bike/hike trail that will be
located in the linear park along the daylighted Bee Branch Creek. The Bee Branch
Creek MRT Route will incorporate bike/hike trails, lighting, benches, trees,
sustainable landscaping, parking, a waterfall overlook, and an amphitheater/outdoor
classroom.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users
(SAFETEA-LU), enacted in 2005, continued the National Scenic Byways Program.
Federal regulations provide that federal funds for the National Scenic Byways Program
are to be administered by the Iowa Department of Transportation.
Iowa Code Sections 306A.7 and 307.44 provide for the City of Dubuque and the Iowa
Department of Transportation to enter into agreements with each other for the purpose
of financing transportation improvement projects in Iowa with Federal funds. The City of
Dubuque proposed the Upper Bee Branch Creek Restoration Project as a National
Scenic Byway (NSB) project for funding under Sec. 162 of Title 23, United States Code.
State Recreational Trail (SRT) funding is available per Iowa Code Chapter 465B and
the City of Dubuque's application to use these funds was approved by Transportation
Commission Order No. PPM -2012-12 on October 11, 2011. The funding will be used in
conjunction with the National Scenic Byways funds to construct the Bee Branch Creek
Mississippi River Trail.
DISCUSSION
The Federal Highway Administration requires the City of Dubuque to enter into an
agreement with the Department of Transportation prior to authorizing the use of
National Scenic Byways funds.
The Department of Transportation has provided an agreement for the $1,100,000 in
National Scenic Byways/State Recreational Trail grant funding.
Due to both the National Scenic Byways and State Recreational Trails grants being
administered through the Iowa Department of Transportation for the Upper Bee Branch
Creek Restoration Project, the Iowa Department of Transportation has provided one
agreement that encompasses both grant funding requirements.
RECOMMENDATION
I recommend that the City execute the attached agreement with the Iowa Department of
Transportation in order to secure the use of $1,100,000 in National Scenic
Byways/State Recreational Trail grant funding for the Upper Bee Branch Creek
Restoration Project.
BUDGET IMPACT
The adopted FY2015 CIP budget identified the use of the $1,100,000 in National Scenic
Byways/State. Recreational Trail grant funding for the Bee Branch Creek Restoration
Project (#7201654).
ACTION TO BE TAKEN
I respectfully request adoption of the attached resolution authorizing the execution of an
agreement with the Iowa Department of Transportation required for the City's receipt of
the $1,100,000 in National Scenic Byways/State Recreational Trail grant funds for the
Bee Branch Creek Restoration Project.
Attach.
Prepared by Deron Muehring & Alexis Steger
Cc: Barry Lindahl, City Attorney
Jenny Larson, Budget Director
Ken TeKippe, Finance Director
Deron Muehring, Civil Engineer
2
RESOLUTION NO. 270-14
RESOLUTION APPROVING THE NATIONAL SCENIC BYWAYS AND STATE
RECREATIONAL TRAIL GRANT AGREEMENT BETWEEN THE IOWA
DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE, IOWA.
FOR THE BEE BRANCH CREEK MISSISSIPPI RIVER TRAIL ROUTE IN THE
UPPER BEE BRANCH CREEK RESTORATION PROJECT.
Whereas, The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A
Legacy for Users (SAFETEA-LU), enacted in 2005, continued the National Scenic
Byways Program, and Federal regulations provide that federal funds for the National
Scenic Byways Program are to be administered by the Department of Transportation;
and
Whereas, the State Recreational Trail funding is established by Iowa Code Chapter
465B; and
Whereas, the City of Dubuque submitted an application to the Iowa Department of
Transportation requesting $1,000,000 from National Scenic Byways and $100,000 in
State Recreational Trail assistance to help finance the Bee Branch Creek
Mississippi River Trail as part of the Upper Bee Branch Creek Restoration Project; and
Whereas, the National Scenic Byways funding for the Bee Branch Creek Mississippi
River Trail was awarded by the Department of Transportation August 17, 2011 and
the State Recreational Trail funding was approved by Transportation Commission
Order No. PPM -2012-12 on October 11, 2011; and
Whereas, the City Council has determined that execution of the National Scenic
Byways and State Recreational Trail Grant Agreement is in the best interests of the
City of Dubuque.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA, THAT:
Section 1. The National Scenic Byways and State Recreational Trail Grant
Agreement is hereby approved.
Section 2. The City Manager is hereby authorized to execute the Grant Agreement
and such other documents as are necessary to bind the City and to deliver the Grant
Agreement and such other documents as the Iowa Department of Transportation may
reasonably request.
Passed, approved and adopted this 2nd day of September, 2001. ,
12 ,ALg
Roy D. Buol, Mayor
Attest:
Trish L. Gleason, Assistant City Clerk
January, 2012
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
NATIONAL SCENIC BYWAYS PROGRAM PROJECT AND
STATE RECREATION TRAILS
RECIPIENT: City of Dubuque
PROJECT NAME: - Bee Branch Creek MRT Route
PROJECT NO.: SBIA-2100(675)-7T-31
IOWA DOT AGREEMENT NO.: 11 -NSB -141
This is an agreement between the City of Dubuque (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 National Scenic Byway (NSB) project for funding under
Sec. 162 of Title 23, United States Code.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for
Users (SAFETEA-LU), enacted in 2005, continued the National Scenic Byways
Program. Federal regulations provide that federal funds for the National Scenic
Byways Program are to be administered by the DEPARTMENT.
The OMB (Office of Management and Budget) Circular A-133 requires the
RECIPIENT to report the CFDA (Catalog of Federal Domestic Assistance) number
and title on all Federal -Aid Projects. The RECIPIENT will use CFDA #20.205 and
title, "Highway Planning and Construction" for this project. This information should
be reported in "The Schedule of Expenditures of Federal Awards". The RECIPIENT
agrees to comply with Single Audit Requirements as applicable.
Pursuant to the terms of this agreement, applicable statutes, administrative rules,
and programming by the DEPARTMENT and the City of Dubuque, the
DEPARTMENT agrees to provide NSB 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 Office of Systems Planning, Iowa's Byways
Coordinator. The RECIPIENT's contact person shall be Laura Carstens.
Scenic Byways Program Project
Page 2
3. The RECIPIENT shall be responsible for the development and completion of
the following described National Scenic Byway Project:
Bee Branch Creek Mississippi River Trail (MRT) Route
4. Eligible project costs for the project described in Section 3 of this agreement,
listed above, which are incurred after the effective date of this agreement
shall be paid as follows:
National Scenic Byways (NSB) $ 1,000,000
State Recreation Trails (SRT) Funds $ 100,000
City of Dubuque $ 5,494,520
Project Total $ 6,594,520
The RECIPIENT shall receive reimbursement of Federal NSB funds for
authorized and approved project costs of eligible items. The portion of the
eligible project costs paid by Federal funds shall be limited to a maximum of
either 80 percent of eligible costs or the amount approved in the current
Statewide Transportation Improvement Program (STIP), $1,000,000
whichever is less.
The Recipient shall also receive State Recreational Trail (SRT) funding under
Iowa Code Chapter 465B and the application was approved by Transportation
Commission Order No. PPM -2012-12 on October 11, 2011, hereinafter
referred to as SRT funds. The Recipient shall receive reimbursement for
costs approved as eligible by the Department from SRT funds. The portion of
total project costs reimbursed with SRT funds shall be limited to a maximum
of up to 75 percent of eligible costs or the amount approved of $100,000;
whichever is less. Eligible project activities include only those listed in 761
Iowa Administrative Code (IAC) 165.15. This award is recorded as RT-
0005(521)- -9H-00
5. This agreement will become null and void if the project described in Section 3
drops out of the approved current STIP prior to obligation of Federal funds.
6. This project may be terminated before completion by either the
DEPARTMENT or the RECIPIENT. Termination will be effective sixty days
following receipt of written notice. During the sixty-day period, the RECIPIENT
shall prepare and deliver to the DEPARTMENT copies of any
documentation summarizing the work performed, the results obtained to date
and any supporting data. The RECIPIENT shall be reimbursed for project
costs incurred up to the effective termination date.
7. If any part of this agreement is found to be void and 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
Scenic Byways Program Project
Page 3
shall constitute but one and the same instrument.
10. The RECIPIENT must have let the contract or have construction started
within two years of the date the DEPARTMENT notifies the RECIPIENT
that funds have been authorized for expenditure by the Federal Highway
Administration (FHWA). 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 months upon receipt of a
written request from the RECIPIENT at least sixty (60) days prior to the
deadline.
11. REPORTS: the City of Dubuque shall submit to the Iowa DOT, the following
written and documented reports covering this project: Two copies of the
quarterly progress reports shall be submitted every three months during the
agreement period. These submittal dates shall be on a quarterly basis with
report periods ending March 31, June 30, September 30, and December 31 of
the years during which this agreement is in place. The reports shall be due to
the Iowa DOT no later than the 15th of the month following the reporting
period. Two copies of a final report shall be submitted upon completion of the
project, before final reimbursement is made. An abstract, not more than one
page in length, shall be required for all reports containing more than five
pages. . If the RECIPIENT does not do this, they will be in default for which
the DEPARTMENT can revoke funding commitments
12. This agreement, as set forth in items 1 through 12 and the attached Exhibit A
paragraphs 1 through 35 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..
Scenic Byways Program Project
Page 4
IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement
Number 11 -NSB -141 as of the date shown opposite its signature below.
RECIPIENT: the of Dubuque
By
Date
Title l n1 ` i(11 G -
9/0v
ATTEST: (for RECIPIENT)
Signed
Title
Date
IOWA DEPARTMENT OF TRANSPORTATION
Planning, Programming and Modal Division
By Date
Craig Markley
Office Director
Office of Systems Planning
January 2012
EXHIBIT A
Standard Provisions for Federal -Aid
National Scenic Byways 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 Disadvantaged
Business Enterprise (DBE) commitment on all Federal -aid projects.
2. The RECIPIENT must receive notice of FHWA authorization from the
DEPARTMENT before beginning any work for which federal -aid Reimbursement will
be requested. The cost of work, occurring prior to securing FHWA authorization,
will not be reimbursed with federal -aid funds. The RECIPIENT must contact the
Department's Byways Coordinator 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 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.
5. General Requirements and Covenants (Division 11) of the DEPARTMENT'S
standard specifications shall apply to all projects let at the DEPARTMENT.
6. If Federal -aid is requested for in-house engineering services, the RECIPIENT will
follow the procedure outlined by the DEPARTMENT. The RECIPIENT, desiring to
claim indirect costs under Federal awards, must prepare an indirect cost rate
proposal and related documentation in accordance with the requirements of Office of
Management and Budget (OMB) Circular A-87 — Cost Principles for State, Local,
and Indian Tribal Governments. Reimbursement eligibility requires an indirect cost
rate proposal to be certified by the governmental unit designated cognizant agency
or the Federal agency providing the largest amount of Federal funds to the
governmental unit.
EXHIBIT A
Page 2
7. 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.
8. 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.
9. 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).
10. 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.
11. The RECIPIENT shall acquire the project right-of-way, whether by lease, easement
or fee title, (as directed in Iowa Code Chapter 6B, if applicable), and shall provide
relocation assistance benefits and payments in accordance with the procedures set
forth in the DEPARTMENT's right of way manual. The RECIPIENT shall contact the
DEPARTMENT for assistance, as necessary, to ensure compliance with the
required procedures, even if no federal funds in Right of Way purchase are involved.
The RECIPIENT will need to get environmental concurrence before acquiring any
needed right-of-way. With prior approval, hardship and protective buying is possible.
If the RECIPIENT requests Federal -aid participation for right-of-way acquisition, the
RECIPIENT will need to get environmental concurrence and Federal Highway
Administration's (FHWA) authorization before purchasing any needed right-of-way.
12. The RECIPIENT shall comply with the Policy for Accommodating Utilities on City
and County Federal -aid Highways Right of Way and the Policy for Accommodating
Utilities on Primary Road System when on State's right of way. Certain utility
relocation, alteration, adjustment, or removal costs to the RECIPIENT for the project
may be eligible for Federal -aid reimbursement in accordance with the FHWA rules
applicable to the type of utility involved and Iowa Code Chapter 306A.
13. Traffic control devices, signing, or pavement markings installed within the limits of
this project shall conform to the "Manual on Uniform Traffic Control Devices for
Streets and Highways" per 761 Iowa Administrative Code (IAC) Chapter 130. The
safety of the general public shall be assured through the use of proper protective
measures and devices such as fences, barricades, signs, flood lighting, and warning
lights as necessary.
14. The RECIPIENT shall forward a Federal -aid Project Development Certification and
final PS&E to the DEPARTMENT. As a condition for the Department to let the
project, the RECIPIENT agrees that the RECIPIENT has the financial resources to
proceed with the project if bids submitted are 110% of the project cost estimate or
less. If the RECIPIENT is a city, The RECIPIENT shall comply with the public
hearing requirements of the Iowa Code section 26.12.
EXHIBIT A
Page 3
15. 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.
16. When let by the DEPARTMENT, the DEPARTMENT will prepare an Iowa DOT Staff
Action for concurrence to award the contract. The DEPARTMENT will mail three (3)
originals of the unexecuted contract(s) to the RECIPIENT.
17. The RECIPIENT shall take action to award the contract or reject all bids. Following
award of contract and signature by the lowest responsive bidder, the RECIPIENT
shall forward to the DEPARTMENT two (2) copies of the fully executed contract, two
(2) copies of the performance bond, and two (2) copies of the certificate of
insurance.
18. The project must be let to contract or construction started within two years of the
date this agreement is signed and approved by the DEPARTMENT. If not, the
RECIPIENT may be in default, for which the DEPARTMENT, in consultation with the
local planning affiliation, may revoke funding commitments. This agreement may be
extended for periods up to six months upon receipt of a written request from the
RECIPIENT at least sixty days prior to the deadline.
19. If Federal -aid is requested for force account construction, the RECIPIENT will follow
the procedure outlined by the DEPARTMENT.
20. The DEPARTMENT will prepare the Federal -aid Project Agreement and submit it for
Federal Highway Administration (FHWA) approval and obligation of Federal -aid
funds.
21. 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.
22. 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.
23. 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.
24. 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
EXHIBIT A
Page 4
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 closure document. Upon receipt of FHWA approval of
the final closure document, the Department will notify the Recipient of the record
retention date..
25. 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.
26. The RECIPIENT shall maintain, or cause to be maintained, the completed
improvement for 20 years in a manner acceptable to the DEPARTMENT and the
FHWA.
27. 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.
28. All publications or reports created as part of this project should note the funding
participation of FHWA and other contributors. Prior to acceptance of the final report
by the DEPARTMENT, the RECIPIENT shall not publish or copyright any report,
document, form or other material developed from this project without written consent
of the DEPARTMENT. After acceptance of the final report and the project is
completed, the RECIPIENT and the DEPARTMENT shall be free to publish or use
project data. However, any project -related material published by involved parties
must give credit to the other parties' participation.
29. All of the reports and publications pertaining to the work performed under this
agreement shall contain the following statement:
"The opinions, findings, and conclusions expressed in this publication are
those of the author and not necessarily those of the Iowa Department of
Transportation or of the Federal Highway Administration."
30. Products including written materials, video, CD's, printed or duplicated with National
Scenic Byways Program Funds, may not be sold. The National Scenic Byway
Program logo should be used on all printed materials, videos, exhibits, kiosks and
other collateral products. FHWA should be recognized as a funding source on all
products. (Please use FHWA guidelines posted on www.byways.org).
EXHIBIT A
Page 5
31. The RECIPIENT shall assume all risks in the performance of this Agreement and
shall be responsible for all claims, demands, actions, or causes of actions arising out
of or by reason of the execution or performance of work, to the full extent permitted
by Iowa Code Chapter 669, State Tort Claims, and the Constitution of the State of
Iowa.
32. To secure this Agreement, the RECIPIENT assumes that it has not employed or
retained any company or person other than a bona fide employee working solely for
the RECIPIENT. The RECIPIENT also assures it has not paid or agreed to pay any
company or person not working solely for the RECIPIENT, a fee, commission,
percentage gift, or other consideration contingent upon or resulting from the making
of this Agreement. For violation of this assurance, the DEPARTMENT has the right
to annul this Agreement without liability, to deduct from the Agreement price, or
otherwise recover the full amount of any of the above-mentioned considerations.
33. 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).
34. 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:
1. Execute a recordable document for preserving the historical and architectural
integrity for 20 years from the date of receipt of public funds;
or
2. Repay the State of Iowa all the funds received by the RECIPIENT.
35. If the RECIPIENT elects to levy special assessments as a means of raising the local
share of the total project costs, the RECIPIENT shall reimburse the DEPARTMENT
in the amount that payments of Federal -aid and collections of special assessments,
excluding interest and penalties, exceed the total cost of the public improvement as
established by the provisions of Iowa Code Chapter 384. 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 of the receipt of any special assessment payments. The RECIPIENT shall
notify the DEPARTMENT when any lands specially assessed no longer qualify for
an agricultural deferment of the special assessment, 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.