Iowa Department of Transportation (DOT) Agreement - Chavenelle Rd Hike/Bike Trail Copyright 2014
City of Dubuque Consent Items # 37.
ITEM TITLE: Iowa Department of Transportation (DOT)Agreement-
Chavenelle Rd Hike/Bike Trail
SUMMARY: City Manager recommending authorization for the Mayor to
sign the Federal Aid Agreement for Transportation
Alternative Program and the DMATS TAP Agreement for
funding the Chavenelle Road Hike/Bike Trail between
Seippel Road and the NW Arterial.
RESOLUTION Approving the Dubuque Metropolitan Area
Transportation Study(DMATS)Transportation Alternatives
Program (TAP)Agreement
RESOLUTION Approving the Iowa Department of
Transportation Federal Aid Agreement for a Transportation
Alternatives Program (TAP) Project Earmark Funded
Project
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Chavenelle Road Hike/Bike Trail Funding Agreement- City Manager Memo
MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Resolution Resolutions
Agreement Supporting Documentation
Iowa DOT Agreement Supporting Documentation
Jon Dienst
From: Lee, Pamella <Pamella.Lee@iowadot.us>
Sent: Thursday, April 25, 2019 10:18 AM
To: Jon Dienst
Subject: Chavanelle Trail: EDP -2100(684)-7Y-31, EDP -2100(684)-7Y-31 &
EDP -2100(684)--7Y-31
Attachments: FA Agreement OSP June 2016 amended april 2019.pdf
Jon,
Attached is a copy of the front page of the agreement between the City of Dubuque and the Iowa Department
of Transportation for the Chavanelle Trail project. I have included the two additional project numbers now
associated with the original project. Please review, print two copies of this page, and have the Mayor initial
and date both copies near the additional project numbers and return them to me at the address listed below.
One original copy will be sent to you after the Department has also initialed this change.
Thanks so much,
Pam
Pawtie.LL& S. Lee
Transportation Alternatives Program Manager
Iowa DOT 1 Office of Systems Planning
800 Lincoln Way 1 Ames, IA 50010
Tel 515.239.1810 1 Fax 515.233.7801
mailto:pamella.lee@iowadot.us
410WA DOT
SMMER t SIMNB t COINER DIMN
Click here to report this email as spam.
1
April 2016
IOWA DEPARTMENT OF TRANSPORTATION
Federal -Aid Agreement for a
Transportation Alternatives Program (TAP) Project (1/1
Earmark Funded Project
Recipient: City of Dubuque
Project Number(s):EDP-2100(684)-7Y-31, EDP -2100(695)®7Y-31 & EDP -2100(696)-7Y-31
Iowa DOT Agreement Number: 17 -EDP -101
CFDA No. and Title: 20.205 Highway Planning and Construction
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. Federal
regulations require Federal funds to be administered by the Department.
The Recipient has received Federal funding through the Transportation Alternatives Program (TAP),
which was established by the Moving Ahead for Progress in the 21St Century (MAP -21), Public Law 112-
141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are
hereinafter referred to as TAP funds.
The Recipient has received Federal funding through the Transportation Improvements (TI) program,
which was established under Section 1934 of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter
referred to as TI funds. [use only if TI funds are involved]
Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the
funding named above to the Recipient for the authorized and approved costs for eligible items
associated with the project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be responsible for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact
person. The Department's contact person shall be Pamella Lee, Office of Systems Planning, 800
Lincoln Way, Ames, Iowa 50010, 515-239-1810. The Recipient's contact person shall be Jon Dienst,
P.E., City of Dubuque, 50 W 13th Street, Dubuque, Iowa, 52001, 563-589-4270.
3. The Recipient shall be responsible for the development and completion of the following described
project:
Along Chavanelle Road from IA 32 (NW Arterial) to Seippel Road
1
April 2016
IOWA DEPARTMENT OF TRANSPORTATION
Federal -Aid Agreement for a
Transportation Alternatives Program (TAP) Project
Earmark Funded Project
Recipient: City of Dubuque
Project Number(s):EDP-2100(684)-7Y-31, EDP -2100(684)-7Y-31 & EDP -2100(684)-7Y-31
Iowa DOT Agreement Number: 17 -EDP -101
CFDA No. and Title: 20.205 Highway Planning and Construction
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. Federal
regulations require Federal funds to be administered by the Department.
The Recipient has received Federal funding through the Transportation Alternatives Program (TAP),
which was established by the Moving Ahead for Progress in the 21St Century (MAP -21), Public Law 112-
141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are
hereinafter referred to as TAP funds.
The Recipient has received Federal funding through the Transportation Improvements (TI) program,
which was established under Section 1934 of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter
referred to as TI funds. [use only if TI funds are involved]
Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the
funding named above to the Recipient for the authorized and approved costs for eligible items
associated with the project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be responsible for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact
person. The Department's contact person shall be Pamella Lee, Office of Systems Planning, 800
Lincoln Way, Ames, Iowa 50010, 515-239-1810. The Recipient's contact person shall be Jon Dienst,
P.E., City of Dubuque, 50 W 13th Street, Dubuque, Iowa, 52001, 563-589-4270.
3. The Recipient shall be responsible for the development and completion of the following described
project:
Along Chavanelle Road from IA 32 (NW Arterial) to Seippel Road
1
April 2016
IOWA DEPARTMENT OF TRANSPORTATION
Federal -Aid Agreement for a
Transportation Alternatives Program (TAP) Project
Earmark Funded Project
Recipient: City of Dubuque
Project Number(s):EDP-2100(684)-7Y-31, EDP -2100(684)-7Y-31 & EDP -2100(684)-7Y-31 iOs
Iowa DOT Agreement Number: 17 -EDP -101 r
CFDA No. and Title: 20.205 Highway Planning and Construction
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. Federal
regulations require Federal funds to be administered by the Department.
The Recipient has received Federal funding through the Transportation Alternatives Program (TAP),
which was established by the Moving Ahead for Progress in the 21st Century (MAP -21), Public Law 112-
141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are
hereinafter referred to as TAP funds.
The Recipient has received Federal funding through the Transportation Improvements (TI) program,
which was established under Section 1934 of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter
referred to as TI funds. [use only if TI funds are involved]
Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the
funding named above to the Recipient for the authorized and approved costs for eligible items
associated with the project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be responsible for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact
person. The Department's contact person shall be Pamella Lee, Office of Systems Planning, 800
Lincoln Way, Ames, Iowa 50010, 515-239-1810. The Recipient's contact person shall be Jon Dienst,
P.E., City of Dubuque, 50 W 13th Street, Dubuque, Iowa, 52001, 563-589-4270.
3. The Recipient shall be responsible for the development and completion of the following described
project:
Along Chavanelle Road from IA 32 (NW Arterial) to Seippel Road
1
THE CITY OF Dubuque
UBE I
erica .i
Masterpiece on the Mississippi 2007-2012-2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Chavenelle Road Hike/Bike Trail Funding Agreement
Iowa DOT Agreement No. 17-EDP-101
Iowa DOT Project Number EDP-2100(684)-7Y-31
DATE: June 13, 2016
City Engineer Gus Psihoyos recommends City Council authorization for the Mayor to
sign the Federal Aid Agreement for Transportation Alternative Program in the amount of
$906,139 and the DMATS TAP Agreement in the amount of $242,863 for funding the
Chavenelle Road Hike/Bike Trail between Seippel Road and the NW Arterial. The
estimated cost of the trail is $1,436,262. The remaining $287,260 will come from the
balance in a State REAP grant and the DICW TIF.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Micliael C. Van Milligen
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Teri Goodmann, Assistant City Manager
Gus Psihoyos, City Engineer
buque
THE CITY OF UU
DUBE A11*WcaCfly
Masterpiece on the Mississippi 2007.2012,2013
TO: Michael C. Van Milligen, City Manager --
�h
FROM: Gus Psihoyos, City Engineer
SUBJECT: Chavenelle Road Hike/Bike Trail Funding Agreement
Iowa DOT Agreement No. 17-EDP-101
Iowa DOT Project Number EDP-2100(684)-7Y-31
DATE: June 9, 2016
INTRODUCTION
The enclosed resolutions authorizes the Mayor to execute the Iowa Department of
Transportation (Iowa DOT) Federal Aid Agreement for Transportation Alternative
Program (TAP) for the Chavenelle Road Hike/Bike Trail between Seippel Road and the
NW Arterial.
BACKGROUND
In September 2015, city staff were notified that federal earmark funds from the USDOT
SAFETEA-LU transportation bill were available for a trail project. The City was asked by
East Central Intergovernmental Agency (ECIA) staff if a project could be identified that
would connect to the Mississippi River Trail (MRT). In coordination with ECIA and the
Planning Department, city staff identified Chavenelle Road between the NW Arterial and
Seippel Road as a good candidate for a hike/bike trail. The corridor has gaps in the
sidewalk and no bicycle facilities currently to serve the industrial park.
The City is currently constructing phase 4 and phase 5 of the NW Arterial Hike/Bike
Trail from Holliday Drive to Chavenelle Road. That project will be completed in the
spring of 2016.
On September 10th, 2015 DMATS approved the alignment and approved to use the
funds for a grade separated trail. In December of 2015, the Federal Highway
Administration (FHWA) approved the movement of the earmark funds to this project in
the amount of$906,139 for FY 2017. On April 14, 2016 DMATS approved
Transportation Alternative Program funds in the amount of $242,863.00. The total
project cost estimate for the Chavenelle Road Hike/Bike Trail is estimated to be
$1,436,262. Below is a table that shows the planned funding for the hike/bike trail:
Funding Source Amount
FHWA Trail Earmark $ 906,139.00
TAP Grant $ 242,863.00
REAP Grant estimated balance - $ 175,000.00
DICW TIF FY 17 CIP - $ 112,260.00
TOTAL: 4
The REAP grant balance of$175,000 is estimated to be left over from the NW Arterial
Phase 5 Hike/Bike Trail project. Engineering has an FY 17 CIP for $112,260 to
contribute along with the REAP funds as match for the earmark and TAP grant request.
DISCUSSION
The Chavenelle Road Hike/Bike Trail project will involve the construction of a 10 foot
wide asphalt trail from IA 32 (NW Arterial to Seippel Road). The project is planned to be
constructed in 2017 and will provide a multi-modal connection to the NW Arterial
Hike/Bike Trail, the Bergfeld Pond Trail and Seippel Road. Ultimately the trail will
provide a connection to the SW Arterial. This trail will connect users to the Mississippi
River Trail.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to sign the Federal Aid Agreement for Transportation Alternative Program
(Agreement No. 17-EDP-101) and adopt the attached resolution and authorize the
Mayor to sign the DMATS TAP agreement for the Chavenelle Road Hike/Bike Trail.
Prepared by: Jon Dienst, P.E.
Cc: Laura Carstens, Planning Services Manager
Marie Ware, Leisure Services Manager
Jenny Larson, Budget Director
Chandra Ravada, ECIA
Pam Lee, Iowa DOT
2
RESOLUTION NO. 238-16
RESOLUTION APPROVING THE DUBUQUE METROPOLITAN AREA
TRANSPORTATION STUDY (DMATS) TRANSPORTATION ALTERNATIVES
PROGRAM (TAP) AGREEMENT
Whereas, the City of Dubuque is proceeding with the Chavenelle Road Hike/Bike
Trail Project.
Whereas, the trail will be located on the north side of Chavenelle Road from
Seippel Road to the NW Arterial (IA 32).
Whereas, the Chavenelle Road Hike/Bike Trail project will involve the
construction of a 10 foot wide asphalt trail from IA 32 (NW Arterial to Seippel Road).
The project is planned to be constructed in 2017 and will provide a multi -modal
connection to the NW Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel
Road. Ultimately the trail will provide a connection to the SW Arterial. This trail will
connect users to the Mississippi River Trail.
Whereas, the DMATS Policy Board has authorized the use of federal funds for
eligible costs for the Chavenelle Road Hike/Bike Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That said DMATS TAP agreement between the City of Dubuque
and DMATS be hereby approved for the Chavenelle Road Hike/Bike Trail from Seippel
Road to the NW Arterial (IA 32).
Section 2. That the Mayor be authorized and directed to execute two copies of
the DMATS TAP agreement between the City of Dubuque and DMATS be hereby
approved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial
(IA 32).
Passed, approved and adopted this 20th day of June, 2016. /
Attest:
Kevin S Firnstahl, CMCi`ty Clerk
D. Buol, Mayor
RESOLUTION NO. 239-16
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
FEDERAL AID AGREEMENT FOR A TRANSPORTATION ALTERNATIVES
PROGRAM (TAP) PROJECT EARMARK FUNDED PROJECT
Whereas, the City of Dubuque is proceeding with the Chavenelle Road Hike/Bike
Trail Project.
Whereas, the trail will be located on the north side of Chavenelle Road from
Seippel Road to the NW Arterial (IA 32).
Whereas, the Chavenelle Road Hike/Bike Trail project will involve the
construction of a 10 foot wide asphalt trail from IA 32 (NW Arterial to Seippel Road).
The project is planned to be constructed in 2017 and will provide a multi -modal
connection to the NW Arterial Hike/Bike Trail, the Bergfeld Pond Trail and Seippel
Road. Ultimately the trail will provide a connection to the SW Arterial. This trail will
connect users to the Mississippi River Trail.
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the
use of federal funds for eligible costs for the Chavenelle Road Hike/Bike Trail.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Agreement For a Transportation
Alternatives Program (TAP) Project Earmark Funded Project (Agreement 17 -EDP -101)
between the City of Dubuque and the Iowa Department of Transportation be hereby
approved for the Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial
(IA 32).
Section 2. That the Mayor be authorized and directed to execute two copies of
Iowa DOT Federal Aid Agreement For a Transportation Alternatives Program (TAP)
Project Earmark Funded Project (Agreement 17 -EDP -101) between the City of
Dubuque and the Iowa Department of Transportation be hereby approved for the
Chavenelle Road Hike/Bike Trail from Seippel Road to the NW Arterial (IA 32).
Passed, approved and adopted this 20th day of June, 2016.
Attest:
Kevin( TFirnstahl, CLIC, City Clerk
oy D. Buol, Mayor
East Central Intergovernmental . . . _
. regional response to local needs _
April 15, 2016
Jon1
50 W.. 13�'3t" Street ECIA
Dubuque, IA 52001
Dear Mr. Jon Dienst:
RE: Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation Program
This correspondence is to inform the City of Dubuque that the Dubuque Metropolitan Area
Transportation Study (DMATS) has approved the Transportation Alternative Program (TAP) funds
on April 14", 2016 in the amount of$242,863 for Chavenelle Road Hike/Bike Trail project.
The funding for this project has been approved for Federal Fiscal Year (FFY) 2017 (October lsr
2016 to September 30u', 2017) and will be programmed in FFY 2017-2020 Transportation
Improvement Program (TIP). Enclosed is a pdf file of a DMATS TAP Programming Agreement for
your project. Please review and print two copies, sign two copies, and mail one back to DMATS
office, keeping the other for your records.
In order to receive your TAP funds, the City of Dubuque will need to work with the Iowa
Department of Transportation (IADOT). To initiate that process, TAP project sponsors should
contact IADOT Office of Systems Planning Transportation Alternatives Program (TAP) Manager,
Pamella Lee at(515)-239-1810 or by email at Dame Ila.lee2Qdot.iowa.gov.
Please note the City of Dubuque does not yet have a funding commitment nor is authorized to
expend TAP funds until the project has been authorized by the Federal Highway Administration
(FHWA). Expenditures incurred prior to FHWA authorization will be ineligible for reimbursement.
If you have questions or concerns, please contact me at (563)-556-4166 or by email at
cravadaAecia.org.
Sincerely,
Chandra Ravada
Director of Transportation Department
Dubuque�etropolitan Area Transportation Study I Eastern Iowa Development Corporation
Eastern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc.
Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority
7600 Commerce Park, Dubuque, IA 52002 I www.ecio.org I ecia@ecia.org
563.556.4166 1 Iowa only: 800.942.4648 1 Relay Iowa 800.735.2943 1 f: 563.556.0348
East Central Intergovernmental . . . _
responsea regional . .
Dubuque Metropolitan Area
Transportation Study (DMATS) ECIA
Transportation Alternative Program (TAP) Agreement
THIS CONTRACT entered into by and between the Dubuque Metropolitan Area Transportation
Study (DMATS) (hereinafter called DMATS) and under a passed and approved resolution of the
City of Dubuque, Iowa (hereinafter called the RECIPIENT), approving Transportation Alternative
Program (TAP) funds on April 14, 2016. Upon acceptance of this funding, the RECIPIENT agrees to the
following conditions:
1. CONTRACT PROJECT: As approved by the DMATS Policy Board,the project includes:
PROJECT TITLE : Chavenelle Road Hike/Bike Trail (NW Arterial to Seippel)
See Attachment A for a copy of grant application submitted to DMATS.
2. CONTRACT AWARD AMOUNT:
TAP Funds $242,863
Local Match $287,250
Total Project Cost $1,436,252
GENERAL PROVISIONS:
The RECIPIENT shall receive Federal TAP funds for authorized and approved project costs of eligible
items. TAP funds are to be used exclusively for the purposes specified in Section 1, which may represent
all or any part of the project(s) specified in the grant application. Any portion of the funds not used for the
purpose(s) specified in the TAP Grant Application shall be forfeited by the RECIPIENT. The DMATS
may request the RECIPIENT to provide information to determine that the funding distribution satisfies
the written criteria and procedures of the Iowa Department of Transportation and the DMATS as well
as any statutes or rules governing such distribution.
The RECIPIENT shall contact DMATS staff if the project specified in Section 1 requires revision
including, but not limited to, project cost, schedule, funding sources, project termini, and project
description. Depending on the type of revision, public review and comment and DMATS Policy Board
approval may be required.
The portion of the eligible project costs covered by Federal TAP funds shall be limited to a maximum of
either the appropriate percentage of eligible costs or the amount stipulated in the approved current Statewide
Transportation Improvement Program(STIP), whichever is less.
owa Development Corpa'rd ion
astern Iowa Regional Utility Services System I Eastern Iowa Regional Housing Authority I ECIA Business Growth, Inc.
Region 1 Employment and Training I ECIA Regional Planning Affiliation I Region 8 Regional Transit Authority
7600 Commerce Park, Dubuque, IA 52002 I www.ecio.org I ecia@ecia.org
563.556.4166 1 Iowa only: 800.942.4648 1 Relay Iowa 800.735.2943 1 f: 563.556.0348 1
The RECIPIENT is not authorized to expend TAP funds until the project has been authorized by the
Federal Highway Administration (FHWA). Expenditures incurred prior to FHWA authorization will be
ineligible for reimbursement.
The RECIPIENT shall abide by DMATS and Iowa Department of Transportation rules and
regulations. The RECIPIENT shall follow all guidelines outlined in the Federal -aid Project Development
Guide_ The Iowa Department of Transportation contact will be Transportation Alternatives Program (TAP)
Manager, Pamella Lee.
All grant RECIPIENTS awarded TAP funds shall upon request provide status updates about the project
specified in Section 1.
4. SPECIAL CONDITIONS:
The Letter of Award, which accompanies this agreement, may detail specific conditions pertinent to the
individual award or RECIPIENT and shall become part of this agreement upon acceptance of this
agreement.
Dubuque Metropolitan Area Transportation Study (DMATS)
Roy D Buol
Chair, DMATS Policy Board
Accepted on Behalf of the City or County of City/County
C r17L
Name, Title
ATTEST:
04/15/2016
Date
April 2016
IOWA DEPARTMENT OF TRANSPORTATION
Federal-Aid Agreement for a
Transportation Alternatives Program (TAP) Project
Earmark Funded Project
Recipient: City of Dubuque
Project Number(s): EDP-2100(684)-7Y-31
Iowa DOT Agreement Number: 17-EDP-101
CFDA No. and Title: 20.205 Highway Planning and Construction
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. Federal
regulations require Federal funds to be administered by the Department.
The Recipient has received Federal funding through the Transportation Alternatives Program (TAP),
which was established by the Moving Ahead for Progress in the 21't Century (MAP-21), Public Law 112-
141, and codified at Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.); which are
hereinafter referred to as TAP funds.
The Recipient has received Federal funding through the Transportation Improvements (TI) program,
which was established under Section 1934 of the Safe, Accountable, Flexible, and Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter
referred to as TI funds. [use only if TI funds are involved]
Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the
funding named above to the Recipient for the authorized and approved costs for eligible items
associated with the project.
Under this agreement,the parties further agree as follows:
1. The Recipient shall be responsible for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact
person. The Department's contact person shall be Pamella Lee, Office of Systems Planning, 800
Lincoln Way, Ames, Iowa 50010, 515-239-1810. The Recipient's contact person shall be Jon Dienst,
P.E., City of Dubuque, 50 W 13th Street, Dubuque, Iowa, 52001, 563-589-4270.
3. The Recipient shall be responsible for the development and completion of the following described
project:
Along Chavanelle Road from IA 32 (NW Arterial)to Seippel Road
1
April 2016
4. The Recipient shall receive reimbursement for costs of authorized and approved eligible project
activities from TAP funds. The portion of the project costs reimbursed with TAP funds shall be
limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other
Federal funds) or the amount listed ($242,863) in the East Central Intergovernmental Association
current Transportation Improvement Program (TIP) and approved in the current Statewide
Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be as
described in Sections 213 and 101(a)(29) of Title 23, United States Code (U.S.C.) and determined by
the Department to be eligible.
5. SAFETEA-LU set a total upper limit of$1,000,000.00 in TI funds for this project (Demo I.D. IA 201, TI
131). This amount will be limited to the available obligation authority provided by the Federal
Highway Administration (FHWA). The Recipient has requested to allocate $906,139 from the
earmark toward the project described in Paragraph 3. The portion of the project costs reimbursed
with TI funds shall be limited to a maximum of either 80%of eligible costs (other than those costs
reimbursed with other Federal funds) or the total amount allocated, whichever is less.
6. Eligible project costs in excess of the amount reimbursed by the Department above will be
considered the local contribution and may include cash, non-cash or approved State fund
contributions. The local contribution must equal a minimum of 20 percent of eligible project costs.
The recipient shall certify to the Department the value of any non-cash contribution to the project
prior to it being incurred. The Department retains the sole authority to determine the eligibility and
value of the Recipient's non-cash contribution for the purposes of this agreement. If the Recipient's
total cash and non-cash contribution is determined by the Department to be less than that required
by this agreement, the Recipient shall increase its cash contribution or the grant amount associated
with this project shall be reduced accordingly.
7. The Recipient must have let the contract or have construction started within two years of October 1,
2016. 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 up to six months upon receipt
of a written request from the Recipient at least sixty (60) days prior to the deadline.
8. If the project described in this agreement crosses a DOT 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 DOT. However, the DOT 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 DOT prior to the survey.
b. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT
contact person for review and approval by the District Offices for necessary permits, Offices
of Road 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.
2
April 2016
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 purposes shall be subject to any
future plans for reconstruction, improvement, maintenance, or relocation of the highway by
the DOT. Any relocation of this project necessary because of said plans shall be at the
expense of the Recipient, all at no cost to the DOT. 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.
9. 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 date of mailing of the 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 given to cure the default. The Department may thereafter determine whether
the default has, in fact, been cured, or whether the Recipient remains in default.
10. 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.
11. In the event a default is not cured the Department may revoke funding commitments or seek
repayment of funds loaned or 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 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 Transportation
Commission.
12. The Recipient shall comply with Exhibit 1, General Agreement Provisions for use of Federal Highway
Funds on Non-primary Highways, which is attached hereto and by this reference is incorporated into
this agreement.
13. This agreement is not assignable without the prior written consent of the Department.
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.
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16. This agreement shall be executed and delivered in two or more copies, each of which so executed
and delivered shall be deemed to be an original and shall constitute but one and the same
agreement.
17. This agreement and the attached exhibit constitute the entire agreement between the Department
and the Recipient concerning this project. Representations made before the signing of this
agreement are not binding, and neither party has relied upon conflicting representations in entering
into this agreement. Any change or alteration to the terms of this agreement shall be made in the
form of an addendum to this agreement. The addendum shall become effective only upon written
approval of the Department and the Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown
opposite its signature below.
RECIPIENT: Ci of Dubuque
B.
y' frLI, 2. Date June 20 , 2016
Title: Mayor
CERTIFICATION:
1, Kevin S. F i rnst ahl , certify that I am the Clerk of the city, and that
(Name of City Clerk)
Roy D. Buol , who signed said Agreement for and on behalf of
(Name of Mayor/Signer Above)
the city was duly authorized to execute the same by virtue of a formal resolution duly passed
and adopted by the )ty, on the 20thday of June ,2016 .
Signed:
City Clerk of Dubuque, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION
Planning, Programming and Modal Division
800 Lincoln Way, Ames, Iowa 50010
By: Date
Craig Markley
Director
Office of Systems Planning
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April 2016
EXHIBIT 1
General Agreement Provisions for use of Federal Highway Funds on Non-primary Projects
Unless otherwise specified in this agreement, the Recipient shall be responsible for the following:
1. General Requirements.
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws
and regulations. To assist the Recipient, the Department has provided guidance in the Federal-
aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public
Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at:
http://www.iowadot.gov/local_systems/publications/im/lpa_ims.htm. The Recipient shall follow
the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time
project activities are conducted.
b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent
nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate
against any person on the basis of race, color, national origin, sex, age, or disability. In
accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person
on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin,
religion, pregnancy, or disability. The Recipient agrees to comply with the requirements outlined
in 1.M. 1.070, Title VI and Nondiscrimination Requirements which includes the requirement to
provide a copy of the Recipient's Title VI Plan or Agreement and Standard DOT Title VI
Assurances to the Department.
c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act
of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code
of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M. 1.080,
ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered, the
Recipient shall make such facilities compliant with the ADA and Section 504.
d. To the extent allowable by law, the Recipient agrees to indemnify, defend, and hold the
Department harmless from any claim, action or liability arising out of the design, construction,
maintenance, placement of traffic control devices, inspection, or use of this project. This
agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's
application review and approval process, plan and construction reviews, and funding
participation.
e. As required by 2 CFR 200.501 "Audit Requirements", a non-Federal entity expending$750,000 or
more in Federal awards in a year shall have a single or program-specific audit conducted for that
year in accordance with the provision of that part. Auditee responsibilities are addressed in
Subpart F of 2 CFR 200. The Federal funds provided by this agreement shall be reported on the
appropriate Schedule of Expenditures of Federal Awards (SEFA) using the Catalog of Federal
Domestic Assistance (CFDA) number and title as shown on the first page of this agreement. 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
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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.
f. The Recipient shall supply the Department with all information required by the Federal Funding
Accountability and Transparency Act of 2006 and 2 CFR Part 170.
g. The Recipient shall comply with the following Disadvantaged Business Enterprise (DBE)
requirements:
i. The Recipient shall not discriminate on the basis of race, color, national origin, or sex in the
award and performance of any Department-assisted contract or in the administration of its
DBE program or the requirements of 49 CFR Part 26. The Recipient shall take all necessary
and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and
administration of Department-assisted contracts.
ii. The Recipient shall comply with the requirements of I.M. 3.710, DBE Guidelines.
iii. The Department's DBE program, as required by 49 CFR Part 26 and as approved by the
Federal Highway Administration (FHWA), is incorporated by reference in this agreement.
Implementation of this program is a legal obligation and failure to carry out its terms shall be
treated as a violation of this agreement. Upon notification to the Recipient of its failure to
carry out its approved program, the Department may impose sanctions as provided for under
Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001
and the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.).
h. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to
the limitations set forth below, the Department shall have the right to terminate this agreement
without penalty and without any advance notice as a result of any of the following: 1) The
Federal government, legislature or governor fail in the sole opinion of the Department to
appropriate funds sufficient to allow the Department to either meet its obligations under this
agreement or to operate as required and to fulfill its obligations under this agreement; or 2) If
funds are de-appropriated, reduced, not allocated, or receipt of funds is delayed, or if any funds
or revenues needed by the Department to make any payment hereunder are insufficient or
unavailable for any other reason as determined by the Department in its sole discretion; or 3) If
the Department's authorization to conduct its business or engage in activities or operations
related to the subject matter of this agreement is withdrawn or materially altered or modified.
The Department shall provide the Recipient with written notice of termination pursuant to this
section.
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2. Programming and Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning
Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement
Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO,through their
TIP submittal to the Department, includes the project in the Statewide Transportation
Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the
STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested,the
Recipient shall contact the Department to obtain the procedures necessary to secure FHWA
authorization. The Recipient shall submit a written request for FHWA authorization to the
Department. After reviewing the Recipient's request,the Department will forward the request to
the FHWA for authorization and obligation of Federal funds. The Department will notify the
Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA
authorization will not be reimbursed with Federal funds.
3. Federal Participation in Work Performed by Recipient Employees.
a. If Federal reimbursement will be requested for engineering, construction inspection, right-of-way
acquisition or other services provided by employees of the Recipient, the Recipient shall follow
the procedures in I.M. 3.310, Federal-aid Participation in In-House Services.
b. If Federal reimbursement will be requested for construction performed by employees of the
Recipient, the Recipient shall follow the procedures in I.M. 3.810, Federal-aid Construction by
Local Agency Forces.
c. If the Recipient desires to claim indirect costs associated with work performed by its employees,
the Recipient shall prepare and submit to the Department an indirect cost rate proposal and
related documentation in accordance with the requirements of 2 CFR 200. Before incurring any
indirect costs, such indirect cost proposal shall be certified by the FHWA or the Federal agency
providing the largest amount of Federal funds to the Recipient. If approved, the approved
indirect cost rate shall be incorporated by means of an amendment to this agreement.
4. Design and Consultant Services
a. The Recipient shall be responsible for the design of the project, including all necessary plans,
specifications, and estimates (PS&E). The project shall be designed in accordance with the design
guidelines provided or referenced by the Department in the Guide and applicable I.M.s.
b. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant
shall prepare a contract for consultant services in accordance with 23 CFR Part 172. These
regulations require a qualifications-based selection process. The Recipient shall follow the
procedures for selecting and using consultants outlined in I.M. 3.305, Federal-aid Participation in
Consultant Costs.
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c. If Preliminary Engineering (PE) work is federally funded, and if right-of-way acquisition 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 funds were authorized,the Recipient shall repay to the Department the
amount of Federal funds reimbursed to the Recipient for such PE work. PE includes work that is
part of the development of the PS&E for a construction project. This includes environmental
studies and documents, preliminary design, and final design up through and including the
preparation of bidding documents. PE does not include planning or other activities that are not
intended to lead to a construction project. Examples include planning, conceptual, or feasibility
studies.
5. Environmental Requirements and other Agreements or Permits.
a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill
the FHWA requirements for project environmental studies including historical/cultural reviews
and location approval. The Recipient shall complete any mitigation agreed upon in the FHWA
approval document. These procedures are set forth in I.M. 3.105, Concept Statement
Instructions; 3.110, Environmental Data Sheet Instructions; 3.112, FHWA Environmental
Concurrence Process; and 3.114, Cultural Resource Regulations.
b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement,
the Recipient shall follow the procedures in I.M. 3.120, Farmland Protection Policy Act
Guidelines.
c. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa
Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation
Officer), Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers,
the Department, or other agencies as required. The Recipient shall follow the procedures in I.M.
3.130, 404 Permit Process; 3.140, Storm Water Permits; 3.150, Highway Improvements in the
Vicinity of Airports or Heliports; and 3.160, Asbestos Inspection, Removal and Notification
Requirements.
d. 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.
6. Right-of-Way, Railroads and Utilities.
a. 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 I.M. 3.605, Right-of-Way Acquisition, and 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
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April 2016
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.
b. 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 amount of Federal funds reimbursed for right-of-way
costs to the Department.
c. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient
shall obtain agreements, easements, or permits as needed from the railroad. The Recipient shall
follow the procedures in I.M. 3.670, Work on Railroad Right-of-Way, and I.M. 3.680, Federal-aid
Projects Involving Railroads.
d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County
Federal-aid Highway Right of Way for projects on non-primary Federal-aid highways. For projects
connecting to or involving some work inside the right-of-way for a primary highway, the
Recipient shall follow the Department's Policy for Accommodating Utilities on Primary Road
System. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for
the project may be eligible for Federal funding reimbursement. The Recipient should also use the
procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to
coordinating with utilities.
e. If the Recipient desires Federal reimbursement for utility costs, it shall submit a request for
FHWA authorization prior to beginning any utility relocation work, in accordance with the
procedures outlined in I.M. 3.650, Federal-aid Participation in Utility Relocations.
7. Contract Procurement.
The following provisions apply only to projects involving physical construction or improvements to
transportation facilities:
a. The project plans, specifications, and cost estimate (PS&E) shall be prepared and certified by a
professional engineer or architect, as applicable, licensed in the State of Iowa.
b. For projects let through the Department, the Recipient shall be responsible for the following:
i. Prepare and submit the PS&E and other contract documents to the Department for review
and approval in accordance with I.M. 3.505, Check and Final Plans and I.M. 3.510, Check and
Final Bridge or Culvert Plans, as applicable.
ii. The contract documents shall use the Department's Standard Specifications for Highway and
Bridge Construction. Prior to their use in the PS&E, specifications developed by the Recipient
for individual construction items shall be approved by the Department.
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iii. Follow the procedures in I.M. 3.730, Iowa DOT Letting Process, to analyze the bids received,
make a decision to either award a contract to the lowest responsive bidder or reject all bids,
and if a contract is awarded, execute the contract documents and return to the Department.
c. For projects that are let locally by the Recipient,the Recipient shall follow the procedures in I.M.
3.720, Local Letting Process, Federal-aid.
d. The Recipient shall forward a completed Project Development Certification (Form 730002) to the
Department in accordance with I.M. 3.750, Project Development Certification Instructions. The
project shall not receive FHWA Authorization for construction or be advertised for bids until after
the Department has reviewed and approved the Project Development Certification.
e. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the
Iowa Code Section 26.12.
f. The Recipient shall not provide the contractor with notice to proceed until after receiving written
notice the Department has concurred in the contract award.
8. Construction.
a. Afull-time employee of the Recipient shall serve as the person in responsible charge of the
construction project. For cities that do not have any full time employees, the mayor or city clerk
will serve as the person in responsible charge, with assistance from the Department.
b. 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 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.
c. For projects let through the Department, the project shall be constructed under the
Department's Standard Specifications for Highway and Bridge Construction and the Recipient
shall comply with the procedures and responsibilities for materials testing according to the
Department's Materials I.M.s. Available on-line at:
http://www.iowadot.gov/erl/current/iM/navigation/nay.htm.
d. For projects let locally,the Recipient shall provide materials testing and certifications as required
by the approved specifications.
e. If the Department provides any materials testing services to the Recipient,the Department will
bill the Recipient for such testing services according to its normal policy as per Materials I.M. 103,
Inspection Services Provided to Counties, Cities, and Other State Agencies.
f. The Recipient shall follow the procedures in I.M. 3.805, Construction Inspection, and the
Department's Construction Manual, as applicable, for conducting construction inspection
activities.
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9. Reimbursements.
a. After costs have been incurred,the Recipient shall submit to the Department periodic itemized
claims for reimbursement for eligible project costs. Requests for reimbursement shall be made at
least annually but not more than bi-weekly.
b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30
shall be submitted to the Department by August 1 if possible, but no later than August 15.
c. Reimbursement claims shall include a certification that all eligible project costs,for which
reimbursement is requested, have been reviewed by an official or governing board of the
Recipient, are reasonable and proper, have been paid in full, and were completed in substantial
compliance with the terms of this agreement.
d. The Department will reimburse the Recipient for properly documented and certified claims for
eligible project costs. The Department may withhold up to 5%of the Federal share of
construction costs or 5%of the total Federal funds available for the project, whichever is less.
Reimbursement will be made either by State warrant or by crediting other accounts from which
payment was initially made. If, upon final audit or review, the Department determines the
Recipient has been overpaid,the Recipient shall reimburse the overpaid amount to the
Department. After the final audit or review is complete and after the Recipient has provided all
required paperwork,the Department will release the Federal funds withheld.
e. 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, 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), proceeds from the sale of excess right-
of-way, and any other revenues generated by the project. 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 do exceed the total project costs, the Recipient shall either:
i. in the case of special assessments, refund to the assessed property owners the excess special
assessments collected (including interest and penalties associated with the amount of the
excess), or
ii. 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.
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10. Project Close-out.
a. Within 30 days of completion of construction or other activities authorized by this agreement,
the Recipient shall provide written notification to the Department and request a final audit, in
accordance with the procedures in 1.M. 3.910, Final Review, Audit, and Close-out Procedures for
Federal-aid Projects.
b. For construction projects, the Recipient shall provide a certification by a professional engineer,
architect, or landscape architect as applicable, licensed in the State of Iowa, indicatingthe
construction was completed in substantial compliance with the project plans and specifications.
c. Final reimbursement of Federal funds shall be made only after the Department accepts the
project as complete.
d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and
other evidence pertaining to costs incurred for the project. The Recipient shall also make these
materials available at all reasonable times for inspection by the Department, FHWA, or any
authorized representatives of the Federal Government. Copies of these materials shall be
furnished by the Recipient if requested. Such documents shall be retained for at least 3 years
from the date of FHWA approval of the final closure document. Upon receipt of FHWA approval
of the final closure document, the Department will notify the Recipient of the record retention
date.
e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a
manner acceptable to the Department and the FHWA.
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