Loading...
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. 3 April 2016 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 4 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 5 April 2016 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. 6 April 2016 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. 7 April 2016 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 8 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. 9 April 2016 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. 10 April 2016 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. 11 April 2016 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. 12