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HomeMy WebLinkAboutIDOT - Federal Aid Swap Project - 2/24/2020Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 June 2018 IOWA DEPARTMENT OF TRANSPORTATION Agreement fora Surface Transportation Block Grant Program Federal -aid Swap Project Recipient: City of Waterloo Project No,: STBG-SWAP-8155(760)--SG-07 Iowa DOT Agreement No.: 2-20-STBG-SWAP-018 This is an agreement between the City of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) for Surface Transportation Block Grant (STBG) Program Federal -aid Swap funds under 761 Iowa Administrative Code (IAC) Chapter 162, lovra Code Section 306A.7 provides for the Recipient and the Department to enter into agreements with each other for the purpose of financing transportation Improvement projects on streets and highways in Iowa. Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide STBG Federal -aid Swap funding 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 the lead local governmental agency for carrying out the provisions of this agreement, 2. All notices required under this agreement shall be made in writing to the appropriate contact person. The Department's contact persons wilt be the Local Systems Project Development Engineer, Christy VanBuskirk, and Eastern Region Local Systems Field Engineer, Kent L. Ellis. The Recipient's contact person •shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described STBG project: Engineering Services and Construction on La Porte Rd/Hess Rd, from Hawthorne Ave south 2.7 miles to E Shauiis Rd. 4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work that is required for construction of the project, 5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STBG Federal -aid Swap funds. The portion of the project costs reimbursed by STBG Federal -aid Swap funds shall be up to $1,080,000 for the following phases of work as stipulated by the Iowa Northland Regional Council of Governments: X Preliminary Engineering X Construction Engineering Right -of -Way X Construction Other (please specify) 6. The Recipient shall pay for all project costs not reimbursed with STBG Federal -aid Swap funds. 7. If the project described in Section 3 drops out of the Iowa Northland Regional Council of Governments current TIP or the approved current STIP prior to obligation of funds, and the Recipient fails to reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and void, t3. The Recipient shall let the project for bids through the Department. 9. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. STBG Swap Project Agreement Page 2 10. It is the intent of both parties that no third party beneficiaries be created by this agreement. 11. This agreement and the attached Exhibit 1 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 acceptance 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. BY lN-lri✓"` rV City Signature Block Date re. 2`t 20 "7 p12 Aldo of city official I, ‘2.-.e-\\ , certify that I am the City Clerk of Waterloo, and that ( �1ek�'�rt ti� who signed said Agreement for and on behalf of the city was duly ,` 'i authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the day of o . --- , 20 2 1-' Signed City Clerk of Wateri•' , Iowa Date 20 IOWA DEPARTMENT OF TRANSPORTATION Highway Administration By Date Kent L. Ellis, P.E. Local Systems Field Engineer Eastern Region , 20 EXHIBIT 1 General Agreement Provisions for use of Federal -aid Swap 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 Instructional Memorandums to Local Public Agencies (I.M.$), available on-line at: https://iowadot.govilocal systems/publications/im/lpa ims. The Recipient shall follow the applicable procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted. b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws and regulations, 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. 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. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the Department's application review and acceptance process, plan and construction reviews, and funding participation. e, 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. 2 Programming 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, funds cannot be obligated. b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit a written request for acceptance to the Department. The Department will notify the Recipient when acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The turning in of plans for letting by the Department's administering bureau shall be considered acceptance for construction. The Department will notify the Recipient when acceptance is granted. 3. 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. 4. Environmental Requirements and other Agreements or Permits. a 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 Depaitrnent 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 applicable procedures in the Instructional Memorandums to Local Public Agencies Table of Contents, Chapter 4 — Environmental Regulations. 5. 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. 3.600, Right -of -Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual. The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the required procedures, b. 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. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with the "Policy for Accommodating Utilities on the County and City a Non -Primary Federal -aid Road System" 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 and Adjustment of Utilities on the Primary Road System" The Recipient should also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to coordinating with utilities, & Contract Procurement. a The following provisions apply only to projects involving physical construction or improvements to transportation facilities: b. 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. c 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 acceptance in accordance with 1.M. 3.700, Check and Final Plans and I.M. 3.500, 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, tii. Follow the procedures in I.M. 5.030, Iowa DOT Letting Process, to analyze the bids received; snake 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 Department. Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible issues with cash flow availability. d The Recipient shall forward a completed Project Development Certification (Form 730002) to the Department in accordance with I.M. 5.050, Project Development Certification Instructions, The project will not be turned in for bid letting until the Department has reviewed and accepted 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 that the Department has concurred in the contract award. 7. Construction. a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department's Construction Manual, as applicable, for conducting construction inspection activities. The Recipient's engineer shall at all times be responsible for inspection of the project. b. A full-time employee of the Recipient shall serve as the person in responsible charge of the 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. c. 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 IAC Chapter 130. Proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as needed. d. 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: https://www.iowadot.aov/erl/index.html. 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. 8. Reimbursements. a. The Recipient will be initially responsible for all project costs. 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 semi-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 total funds available for the project. Reimbursement will be made either by State warrant or by crediting other accounts from which payment was initially made. If, upon final review or audit selected by the Administering Bureau, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. After the final review is complete and after the Recipient has provided all required paperwork, the Department will release the 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 funds received; for example, Federal funds not received through FHWA, 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. 9. Project Close-out. a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30 days of completion of construction or other activities authorized by this agreement, the Recipient shall provide written notification to the Department. The Recipient shall follow and request a final review, in accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal -aid, Federal - aid Swap, and Farm -to -Market Projects. Failure to comply with the procedures may result in loss of funds and the ability to let future projects through the Department; reimbursed funds shall be returned and a possible suspension may be placed on the Recipient from receiving funds from the Department on future projects until the Recipient has demonstrated responsible management of funds on roadway projects. b. For constntction 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 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 this documentation available at all reasonable times for review by the Department. Copies of this documentation shall be furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from the date of the Department's signature of the Department's Final Payment Form (Form 830436) or the bottom part of the Certificate of Completion and Final Acceptance of Agreement Work (Form 640003). e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department.