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IDOT Primary Hwy_Final Traffic Control ImprovementsTHE CrrY OF Dubuque -~.. DUB E Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Transportation Agreement for a Primary Highway Improvement Project Iowa DOT Project No. STP-A-946-0(1)--86-31 Iowa DOT Agreement No. 2008-16-019 DATE: November 21, 2007 City Engineer Gus Psihoyos recommends City Council approval of the Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements. This agreement provides funding for the following: • Traffic Signal Control System: The integration of a computer-based transportation management system to monitor, control, change, and evaluate traffic conditions on US 20 and all future coordinated corridors within the entire City. • Locust Street at US 20 and US 151/61 Intersections: Traffic signal improvements at the intersections near the Locust Connector, which includes the three intersections on Locust Street at Charter, US 20, and the Locust Connector. It will also include connecting the two intersections on US 151/61 at the Locust Connector and Jones Street. This work will provide remote monitoring capabilities and will extend the traffic signal interconnect back to City Hall. I concur with the recommendation and respectfully request Mayor and City Council approval. ~^'l Michael C. Van illigen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E Masterpiece on the Mississippi MEMORANDUM November 21, 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Iowa Department of Transportation Agreement for a Primary Highway Improvement Project Iowa DOT Project No. STP-A-946-0(1)-86-31 Iowa DOT Agreement No. 2008-16-019 INTRODUCTION The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16- 019 Final Traffic Control System Improvements. BACKGROUND The Iowa Transportation Commission approved Priorities 1 and 3 of the City's ICAAP application for the US 20 Capacity Improvements Project. The traffic control system improvements will be made throughout the City including the integration of a computer- based transportation management system to monitor, control, change, and evaluate traffic conditions. Traffic signal improvements will also be made on Locust Street at the US 20 and US 151/61 intersections. DISCUSSION This agreement between the Iowa Department of Transportation (Iowa DOT) and the City of Dubuque (City) provides the funding of the following: - Traffic Signal Control System: The integration of a computer-based transportation management system to monitor, control, change, and evaluate traffic conditions on US 20 and all future coordinated corridors within the entire City. - Locust Street at US 20 and US 151/61 Intersections: Traffic signal improvements at the intersections near the Locust Connector, which includes the three intersections on Locust Street at Charter, US 20, and the Locust Connector. It will also include connecting the two intersections on US 151/61 at the Locust Connector and Jones Street. This work will provide remote monitoring capabilities and will extend the traffic signal interconnect back to City Hall. The design for this project will occur in winter, 2007, with the Iowa DOT bid-letting tentatively scheduled for May, 2008. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements. BUDGET IMPACT The summary of the project costs is as follows: CIP Funding Source Amount ICAAP Funds (so% Maximum of Total Eligible Items) $330,090 3001852 ICAAP -City Hall and Locust Street Improvements $ 82,521 Total Project Funding ~ This agreement will become null and void if the project drops out of the current Transportation Improvement Program (TIP) of the Dubuque Metropolitan Area Transportation System (DMATS) or the approved current Iowa DOT Statewide Transportation Improvement Program (STIP) prior to authorization of federal funds. ACTION TO BE TAKEN The City Council is requested to adopt the enclosed resolution and to authorize the Mayor to sign the Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements. cc: Roger R. Walton, PE -Iowa Department of Transportation Chris Kohlmann, Information Services Manager David Ness, PE RESOLUTION NO. 570-07 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR A PRIMARY HIGHWAY IMPROVEMENTS PROJECT NO. 2008-16-019 FINAL TRAFFIC CONTROL SYSTEM IMPROVEMENTS Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the US 20 Capacity Improvements Project. Whereas, City of Dubuque US 20 Capacity Improvements Project (Traffic Signal Control System and Locust Street at US 20 and US 151/61 Intersections) have been developed to include: the integration of a computer-based transportation management system to monitor, control, change, and evaluate traffic conditions control; and traffic signal improvements on Locust Street at the US 20 and US 151/61 intersections. Whereas, the Iowa Clean Air Attainment Program (ICAAP) Funds will be required to complete said traffic signal control system and traffic improvements on Locust Street at the US 20 and US 151/61 intersections of the US 20 Capacity Improvements Project. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements for US 20 Capacity Improvements Project (Traffic Signal Control System and Locust Street at US 20 and US 151/61 Intersections) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa Department of Transportation Agreement for a Primary Highway Improvements Project No. 2008-16-019 Final Traffic Control System Improvements. Passed, approved and adopted this 3rd day of December, 2007. Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Primary Highway Improvement Project Recipient: Dubuque, Iowa County: Dubuque Project Number: STP-A-946-0(1)--86-31 Agreement Number: 2008-16-019 Staff Action Number: This agreement is entered into by and between the city of Dubuque, Iowa (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) in accordance with Iowa Code Sections 28E.12 and 306A.7 or 307.44. Witnesseth; that Whereas, the Recipient in joint cooperation with the Department, proposes to establish or make improvements to a primary highway; and Whereas, the Recipient has received Federal funding through the Iowa Clean Air Attainment Program (ICAAP), which is funded by the Congestion Mitigation and Air Quality Program which was continued by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: a Legacy for Users (SAFETEA-LU), Public Law 109-59, and is now codified at Section 149 of Title 23, United States Code (U.S.C.); and Now, therefore, in accordance with the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide funding named above to the Recipient for the primary highway improvement project described below. The parties further agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. 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 District 6 Staff Engineer, Roger Walton. The Recipient's contact person shall be the City Engineer. c. The Recipient shall be responsible for the development and completion of the following described primary highway improvement project: The traffic control system improvements will be made throughout the city of Dubuque including the integration of a computer-based transportation management system to monitor, control, change and evaluate traffic conditions. Traffic signal improvements will also be made on Locust Street at the U.S. 20 and U.S. 151/61 intersections. (See Exhibit A for project description, location and estimated cost.) 2. Funding Sources a. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from ICAAP funds. The portion of the project costs reimbursed with ICAAP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or $330,090, whichever is less. Eligibility criteria and other provisions specific to ICAAP Page 1 of 12 funds are contained in Exhibit B which is attached hereto and by this reference is incorporated into this agreement. b. The Recipient shall comply with the Federal-aid provisions contained in Exhibit C which is attached hereto and by this reference is incorporated into this agreement. c. The Recipient shall be responsible for all other project costs which are not reimbursed with or paid for by the funds specified above. 3. Environmental, Right-of-Way, Permits, and Other Requirements a. The Recipient shall be responsible for obtaining any necessary permits from the Department, 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, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this agreement shall be construed as approval of any required permit from the Department. b. The Recipient shall obtain all project permits and / or 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, or other State or Federal agencies as may be required. c. If right-of-way is required for the project, the Recipient shall acquire the necessary right-of-way in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The Recipient shall submit preliminary right-of-way plans to the Department's Office of Right-of-way for review and approval prior to the commencement of any acquisition. d. Additionally, the portions right-of-way acquired for improvements to the Primary Road System shall be acquired in the name of the State of Iowa. The Recipient will properly close the sale of each parcel and shall furnish the Department copies of all completed contracts, deeds, conveyances and condemnation documents (for state right of way). e. If there is a railroad crossing within or near the project work area, the Recipient shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. f. If the project requires utility relocations, subject to the approval of and without expense to the Department, the Recipient agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the Department's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. If the Recipient has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed primary highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this agreement, the Recipient shall promptly provide notice of the modification, amendment or revision to the Department. If the Recipient does not have a detailed FIS for an area which is affected by the proposed primary highway project and the Recipient does adopt an FIS in an area affected by the project after the date of this agreement, the Recipient shall promptly provide notice of the FIS to the Department. Page 2 of 12 4. Project Design a. The Recipient shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using good engineering judgment and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by Department, as per 761 Iowa Administrative Code, Chapter 130. e. The project shall be designed and constructed using the Department's Standard Specifications for Highway and Bridge Construction (most current edition). Prior to their use in the bidding documents, any Special Provisions or other modifications to the Standard Specifications shall be approved by the Department. 5. Bid Letting a. The Recipient shall submit the plans, specifications, estimate, and all other contract documents for review by the Department. The project may be submitted for letting in phases, in the order of preference as determined by the Recipient. All plan submittals shall be in accordance with the Major Project schedule, as shown on the Instructional Memorandum to Local Public Agencies 3.005, Project Development Submittal Dates and Information, published by the Department's Office of Local Systems. b. The project will be let by the Department in accordance with its normal letting procedures. 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. c. When let by the Department, the Department will identify the lowest responsive bidder. The Department will mail a tabulation of responsive bids and three originals of the unexecuted contract to the Recipient. The Recipient shall either take action to award the contract to the lowest responsive bidder or reject all bids. Following award of contract and signature by the lowest responsive bidder, the Recipient shall forward to the Department two copies each of the fully executed contract, performance bond, and certificate of insurance. 6. Construction and Maintenance a. The Recipient shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the Department prior to the modification being put into effect. c. The Recipient shall comply with the procedures and responsibilities for materials testing and construction inspection according to Department's Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the Department may be able to perform some testing services. If performed, the Department will bill the Recipient for testing services according to its normal policy. Page 3 of 12 d. Primary highway through traffic will be maintained during the construction of the project. e. 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" as per 761 Iowa Administrative Code, 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. f. Subject to the provisions hereof, the Recipient in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The Recipient will also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. g. With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the Recipient without the prior written approval of the Department. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the Department. h. Future maintenance of the proposed improvements shall be in accordance with 761 Iowa Administrative Code, Chapter 150. i. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without prior written approval of the Department. j. After the project construction is complete and prior to final acceptance of the project by the Department, the Recipient shall furnish three sets of "as-built" plans to the Department's contact person. 7. Payments and Reimbursements a. The Recipient shall be responsible for making initial payments for all project costs incurred in the development and construction of the project. After payments have been made, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been paid in full and completed in substantial compliance with the terms of this agreement. b. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If upon final audit, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. c. Upon completion of the project, a Professional Engineer 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. Final reimbursement of State and / or Federal funds shall be made only after the Department accepts the project as complete. 8. General Provisions a. The Recipient shall maintain records, documents, and other evidence in support of the work performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the Page 4 of 12 Department and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times during the period of the contract and for 3 years after the date of final payment. The Recipient shall provide copies of said records and documents to the Department upon request. The Recipient shall also require its contractors to permit authorized representatives of the Department and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. 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. If the Recipient has received Federal funds for this project, the Recipient shall also comply with Disadvantaged Business Enterprise (DBE) regulations, as set forth in Title 49 of the Code of Federal Regulations, Part 26. Compliance with the Federal DBE regulations shall be deemed by the Department as compliance with the comparable State laws and regulations. In all cases, no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of age, race, creed, sex, color, national origin, religion, or disability, under any program or activity for which the Recipient receives State or Federal funds from the Department. c. 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. d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. e. This agreement is not assignable without the prior written consent of the Department. f. It is the intent of both parties that no third party beneficiaries be created by this agreement. g. 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 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 paragraph for arbitration. h. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. This agreement, as set forth in the paragraphs above and the 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 Recipient. Page 5 of 12 In witness whereof, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City of Dubuque, Iowa: By: _ Title: Date 20 1, ,certify that I am the Clerk of the City, and that 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 the day of , 20 Signed Date , 20 City Clerk of Dubuque, Iowa Iowa Department of Transportation: By: Date , 20 James R. Schnoebelen District 6 Engineer Page 6 of 12 EXHIBIT A (1 of 3) ~ma DUB E Sr+~+~.Jk.Sr:.w Priority 1 -Traffic Signal Control System Priority 1 provides the key common link to each individual signal system City-wide. ACTf~A, a PGbased intelligent transportation management system would greatly enhance the City's ability to monitor, control, change, and evaluate traffic conditions on not just US 20 but for all future coordinated corridors within the entire City. This work would also upgrade the traffic signal management tools and abilities at City Hall and allows for the implementation of future ITS assets City-wide. This work is summarized in the following sequentially numbered tasks. Proposed Improvements: ^ Task 1.1 -Installation of ACTRA type of system software and hardware including master controller, system software, and the integration of individual corridors to City Hall. Benefits: The benefits relate to more timely identification of specific operational and equipment problems, as well as better tracking of long-term trends in operational and equipment performance. In addition, the ability to implement new timings from an office means reduced costs by eliminating field visits to change timings. ACTRA has many traffic management features allowing full control of all field equipment and quicker responses to critical situations. The overall benefit would be less delays and optimal flow on demand. Cost: The total cost for Priority 1 is $177,100. With a 20% match, the total requested funds for Priority 1 comes to $141,680. An itemization of costs follows: PRIORITY 1 (Master Control) -City of Dubuque Traffic Signal System Itemized Cost for ICAAP Work Item Units Quan ' Unit Cost Total Cost ACTRA Software O eratin ~S tem Etc. EA 1 $ 85,000 $ 85,000 Misc. Hardware, cables, specialit LS 1 $ 10,000 $ 10,000 TSSC Inte ration, TNG, Setup LS 1 $ 25,000 $ 25,000 CH Ethernet Hub/Switches LS 1 $ 3,000 $ 3,000 ACTRA Server 2003 Server 5 License LS 1 $ 15,000 $ 15,000 Installation Setup LS 1 $ 2,000 $ 2,000 Sub Total Construction $ 140,000 Contin enc 14,000 Engineering 23,100 Grand Total $ 177,100 City of Dubuque TrafFic Sisal System Page A-ti Page 7 of 12 EXHIBIT A (2 of 3) DUB E '~ c~~ Priority 3 -locust Street (at US 20 and at US 151/61 intersections) Priority 3 includes a focus for two critical intersections at the junction point of the Mississippi River crossing and downtown. This work will provide similar control abilities as in earlier tasks for US 20 and NW Arterial and will extend interconnect back to City Hall. This work is summarized in the following sequentially numbered tasks: Proposed Improvements: ® Task 3.1 -Installation of pan/tilt/zoom traffic monitoring cameras at Locust Street & US 20 and at Locust Street & US 151/61. ^ Task 3.2 -Provide interconnect from these two intersections back to City Hall This task includes new fiber, new handholes, and new communications equipment. Air Quality Improvement and Emissions: The air quality benefits due to the proposed improvements are expected to be significant. Emission reduction calculations show a reduction in Volatile Organic Compounds (VOC), Nitrous-Oxide (NOX) and Carbon Monoxide (CO) emissions. Emissions Cost Effectiveness CO VOC NOX Cost Effectiveness - S/kg/yr $5.36 $22.49 $36.05 City of Dubuque Traffic Signal System Page A-11 Page 8 of 12 EXHIBIT A (3 of 3) fCTw DUB E ~~ 0 ~.~ Cost: The total cost for Priority 3 is $235,511. As new development occurs along the roadways within the downtown area, there may be opportunity to significantly reduce the conduit costs of this project. At this time, the total requested funds for Priority 3 is $188,408. An itemization of costs follows: PRIORITY 3 (Locust St) - City of Dubuque Traffic Signal System Itemized Cost for ICAAP Work Item Units Quanti Unit Cost Total Cost Fiber Comm Cable Furnish and Install LF 6710 $ 5 $ 33,550 Fiber Conduit Furnish and Install LF 4350 $ 22 $ 95,700 T pe II Handholes Furnish and Install EA 5 $ 1,200 $ 6,000 M-50 EPAC Ethernet Boards MM/MM LS 2 $ 1,200 $ 2,400 RTS-Ethernet to Serial 4 Port-Field EA 1 $ 675 $ 675 Controller Mod's Dual C-MIC-024 EA 2 $ 1,200 $ 2,400 Controller Mod's Sin le C-MIC-024 EA 1 $ 850 $ 850 Fiber O tic Data Hubs w!o Heaters EA 1 $ 7,000 $ 7,000 Terminations [Each Fiber] EA 140 $ 25 $ 3,500 S lives Set of 2 Fibers EA 20 $ 20 $ 400 PIT/Z Line DriverwlCable EA 2 $ 950 $ 1,900 VS 4-1 Multi lexors EA 1 $ 5,400 $ 5,400 VS Cameras wlControllers i£ LD's* EA 2 $ 9,000 $ 18,000 Each VID Installation Site** EA 2 $ 3.200 $ 6,400 Installation Setup LS 1 $ 2,000 $ 2,000 Sub Total Construction $ 186,175 Contingency 18,618 Engineering 30,719 Grand Total $ 235,511 City of Dubuque Traffic Signal System Page A-12 Page 9 of 12 EXHIBIT B Agreement Provisions for Iowa Clean Air Attainment Program (ICAAP) Funds As a condition of receiving ICAAP funds, the Recipient shall comply with the following additional provisions: 1. The Recipient shall submit to the Department, no later than 30 days subsequent to the Recipient's signature date on this agreement, a timetable outlining the project schedule. If the Recipient fails to do so, the portions of this agreement pertaining to ICAAP funds may be considered in default. 2. The Recipient must have let the contractor construction started within 2 years of the date this project is approved by Department. If the Recipient does not do this, they will be in default for which the Department can revoke ICAAP funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least 60 days prior to the deadline. 3. The portions of the agreement pertaining to ICAAP funding may be declared to be in default by the Department if the Department determines that the Recipient's application for ICAAP funding contained inaccuracies, omissions, errors or misrepresentations; or if the Department determines that the project is not developed as described in the application. 4. If the Recipient fails to perform any of the obligations of this agreement, the Department shall have the right, after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to declare the portions of this agreement relating to ICAAP funds in default. The Recipient shall have thirty (30) days from date of mailing of notice to cure the default. If the Recipient cures the default, the Recipient shall notify Department no later than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten (10) working days of receipt of Recipient's notice of cure, the Department shall issue either a notice of acceptance of cure or notice of continued default. 5. In the event a default is not cured the Department may revoke ICAAP funding commitments and/or seek repayment of ICAAP funds provided by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the Department Commission and may include cash repayment, installment repayments with negotiable interest rates, charges against the Recipient's share of Road Use Tax funds, or other methods as approved by the Commission. 6. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project. Page 10 of 12 EXHIBIT C General Agreement Provisions for use of Federal Highway Funds on Primary Highways As a condition of receiving Federal Highway funds, the Recipient shall comply with the following additional provisions: 1. 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 this 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. 2. 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, 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. 3. Since this project is to be financed with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. 4. 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. 5. Certain utility relocation, alteration, adjustment, or removal costs may be eligible for Federal funding reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. If the Recipient desires Federal reimbursement of these costs, in accordance with procedures prescribed by the Department, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work. 6. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure outlined in Index No. 2 of the Project Development Information Packet. 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 Office of Management and Budget (OMB) Circular A-87 -Cost Principles for State, Local, and Indian Tribal Governments. Before incurring costs for in-house engineering 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. 7. 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 aqualifications-based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in the Instructional Memorandum (I.M.) to Local Public Agencies 3.305, Federal-aid Participation in Consultant Costs. 8. 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. 9. 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. Page 11 of 12 10. 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). 11. 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. 12. If the Recipient is responsible for acquisition of the project right-of-way, it shall provide relocation assistance benefits and payments in accordance with the procedures set forth in the Department's Office of Right of Way Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, .to ensure compliance with the required procedures, even if no Federal funds are used for right-of-way activities. The Recipient shall obtain environmental concurrence before acquiring any needed right-of-way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal funding for right-of-way acquisition, the Recipient shall also obtain FHWA authorization before purchasing any needed right-of-way. 13. 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 funds were authorized, the Recipient shall repay the sum or sums of Federal funds in the right-of-way to the Department. 14. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined by the Department. 15. The non-Federal share of the project costs may include cash or non-cash contributions to the project. If the Recipient desires to use anon-cash contribution as credit toward the non-Federal share, the Recipient shall submit a request to the Department for review. The Department will have sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. 16. 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. Page 12 of 12