HomeMy WebLinkAboutIowa Department of Transportation-12/19/2016April 2016
Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
IOWA DEPARTMENT OF TRANSPORTATION
Federal -Aid Agreement for a
Iowa's Clean Air Attainment Program (ICAAP) Project
Surface Transportation Program (STP) Project
Recipient: City of Waterloo
Project Number(s): STP -A-8155(743)-86-07
Iowa DOT Agreement Number: 2015-ICAAP-05
CFDA No. and Title: 20.205 Highway Planning and Construction
This is an agreement between City of Waterloo (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 Iowa's Clean Air Attainment Program (ICAAP),
which is funded by the Congestion Mitigation and Air Quality (CMAQ) Program which was continued by
the Moving Ahead for Progress in the 21st Century (MAP -21), Public Law 112-141, and codified at Section
149 of Title 23, United States Code (U.S.C.); which are hereinafter referred to as ICAAP funds.
The Recipient has received Federal funding through the Surface Transportation Program (STP), which
was continued by the Moving Ahead for Progress in the 21st Century (MAP -21), Public Law 112-141, now
codified at Section 133 of Title 23, United States Code (U.S.C.), which are hereinafter referred to as STP
funds.
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 Zac Bitting, Office of Systems Planning, 800
Lincoln Way, Ames, Iowa 50010, 515-239-1713. The Recipient's contact person shall be Mohammad
Elahi, City of Waterloo, 625 Glenwood Street, Waterloo, Iowa 50703.
3. The Recipient shall be responsible for the development and completion of the following described
project:
Traffic Adaptive System & Fiber Optics Upgrade: Upgrade Traffic Communications Infrastructure
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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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IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown
opposite its signature below.
RECIPIENT: City of Waterloo
By:���
Title: Mayor
CERTIFICATION:
dame of City Clerk)
ve v4 -®(Name of Mayor/Signer Above)
Date = l ,'= _ : y �% , X26/z'
, certify that I am the Clerk of the city, and that
, who signed said Agreement for and on behalf of
same by virtue of a formal resolution duly passed
the city was duly authorized to execute the
and adopted by the city, on the i-1 day of
Signed: 1
City Clerk of aterloo, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION
Planning, Programming and Modal Division
800 Lincoln Way, Ames, Iowa 50010
By:
Craig Markley
Director
Office of Systems Planning
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Date
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.
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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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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. A full-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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accordance with the procedures in I.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, indicating the
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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