HomeMy WebLinkAboutIDOT - Raise Grant Agreement - 6.3.2024July 2022
IOWA DEPARTMENT OF TRANSPORTATION
Federal -aid Agreement
for a RAISE Discretionary Projects
RECIPIENT: City of Waterloo
Project No.: HDP-8155(787)--71-07
Iowa DOT Agreement No.: 2-24-RAISE-022A
CFDA No. and Title:
20.205 Highway Planning and Construction (STBG and TAP)
20.933 National Infrastructure Investments (RAISE)
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). 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 on streets and highways in Iowa with Federal funds.
The RECIPIENT has received Federal funding from the United States Department of Transportation (US DOT)
through Division J of the Infrastructure Investment and Jobs Act, Pub. L. No 117-58 (FY 2022 Rebuilding
American Infrastructure with Sustainability and Equity, hereinafter referred to as RAISE), regarding National
Infrastructure Investments. RAISE funds are available to provide financial assistance for surface transportation
infrastructure projects that will have a significant local or regional impact. The RECIPIENT, DEPARTMENT, and
USDOT have entered into a separate agreement (hereinafter referred to as the GRANT AGREEMENT) that
provides further details regarding these funds.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the DEPARTMENT agrees
to provide RAISE funding to the RECIPIENT for the authorized and approved costs for eligible items associated
with the project.
The RECIPIENT and the DEPARTMENT previously entered into Agreement No. 2-24-RAISE-001 for the above
referenced project. This agreement RESCINDS the original fully executed agreement 2-24-RAISE-001 dated May
13, 2024.
The RECIPIENT and the DEPARTMENT previously entered into the following agreement(s) for the following
funding sources related to the above referenced project:
Funding Source
Agreement No.
Project No.
Full Execution Date
STBG
2-24-STP-U-002
HDP-8155(775)--71-07
3/12/2024
TAP
2-24-TAP-015
HDP-8155(775)--71-07
4/23/2024
STBG
2-24-STP-U-003
HDP-8155(786)--71-07
3/12/2024
STBG
2-24-STP-U-004
HDP-8155(783)--71-07
3/12/2024
STBG-SWAP
2-20-STBG-SWAP-
018A
STBG-SWAP-8155(760)--SG-
07
09/08/2020
See Exhibit 2 attached for additional details related.
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 person will be the Local Systems Project Development Engineer, Jenifer Bates,
and the Eastern Region Local Systems Field Engineer, Dillon Feldmann. The RECIPIENT's contact
person shall be the City Engineer.
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3. The RECIPIENT shall be responsible for the development and completion of the following described
RAISE project phases (components):
Phase 1: HDP-8155(775)--71-07 - PCC Pavement - Replace, on La Porte Rd, from E Shaulis Rd N 1.6
miles to Bopp Street, which includes intersection improvements, recreational trail, sidewalk, MET transit
bus stops, street trees, plantings, and intersection lighting.
Phase 2: HDP-8155(786)--71-07 - PCC Pavement - Replace, on La Porte Rd, from Plymouth Avenue N
0.7 miles to US 218 Slip Ramp which includes intersection improvements, recreational trail including the
connection to 18th Street, sidewalk, MET transit bus stops, gateway features, intersection markers, street
trees, plantings, and intersection lighting.
Phase 3: HDP-8155(783)--71-07 - PCC Pavement - Replace, on La Porte Road, from Bopp St N 0.5
miles to Plymouth Ave which includes intersection improvements, recreational trail, sidewalk, MET transit
bus stops, gateway features, intersection markers, street trees, plantings, and intersection lighting.
4. Eligible work types will be limited to Preliminary Engineering, Right of Way, Construction, and
Construction Engineering.
5. Costs associated with work outside the eligible project construction limits, routine maintenance activities,
operations, and monitoring expenses are not eligible.
6. The Recipient shall receive reimbursement for costs of authorized and approved eligible work types from
RAISE funds and Other Federal Funds. The portion of project costs reimbursed by the Federal Share
shall be limited to a maximum amount as stipulated in Schedule D of the GRANT AGREEMENT. The
amount of RAISE funds and eligibility for each phase of work are further stipulated in the Approved
Project Budget Table in Schedule D Article 3 of the GRANT AGREEMENT. In this agreement "Federal
Share" means the sum of the total "RAISE Funds" and "Other Federal Funds" amounts that are listed in
the Project Budget Table.
RAISE funds may be reimbursed up to a maximum of 100% of eligible costs. However, reimbursement
rates for each phase of work will be established on an individual basis by the Local Systems Field
Engineer, in coordination with the RECIPIENT, to help ensure the RECIPIENT will achive the required
amount of match costs needed to utilize the RAISE funds.
7. The RECIPIENT shall pay for all project costs not reimbursed with RAISE funds, STBG funds, TAP
Funds, or STBG-SWAP funds.
8. If the actual project costs are less than the Total Eligible Project Cost as stipulated in Schedule D Article 3
of the GRANT AGREEMENT, the RECIPIENT agrees to reduce the RAISE funds by the difference
between the Total Eligible Project Cost and the actual eligible project costs. The RECIPIENT agrees to
reimburse the DEPARTMENT the value of RAISE funds previously reimbursed to the RECIPIENT that
exceed the amount supported by the actual eligible project costs. The exact amount of RAISE funds
available to the RECIPIENT will be determined by final audit.
9. If the project described herein drops out of the Iowa Northland Regional Council of Governments current
TIP or the approved current STIP prior to obligation of Federal funds, and the RECIPIENT fails to
reprogram the project in the appropriate TIP and STIP, this agreement shall become null and void. All
funds shall be obligated by September 30, 2026. Claims for reimbursement shall be submitted by June 1,
2031, or the amount not paid will be de -obligated by September 30, 2031.
10. The RECIPIENT shall let the project for bids through the DEPARTMENT.
11. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
12. It is the intent of both parties that no third -party beneficiaries be created by this agreement.
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13. This agreement and the attached Exhibit 1 and Exhibit 2 (US DOT Grant Agreement and all subsequent
amendments) 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.
City Signature Block
Byate Date June 3 20 24
SI86ED
Mayor
Title of city official
Kelley Felchle , certify that I am the City Clerk of Waterloo, and
that Quentin Hart , who signed said Agreement for and on behalf of the city was duly
authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the
3rd 24
day of June 20
Signed �eCCey <Fe[chCe s`�` ° Date June 3 20 24
City Clerk of Waterloo, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Transportation Development Division
By Date , 20
Dillon Feldmann, P.E.
Local Systems Field Engineer
Eastern Region
Page 4
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: https://www.iowadot.gov/local systems/
publications/im/Ipa 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 I.M. 1.070, Title VI and Nondiscrimination Requirements, which
includes the requirement to provide a copy of the Subrecipient'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 bicycle and/or pedestrian facilities are constructed, reconstructed, or altered, the
RECIPIENT shall make such facilities compliant with the ADA and Section 504, which includes following
the requirements set forth in Chapter 12A for sidewalks and Chapter 12B for Bicycle Facilities of the Iowa
DOT Design Manual.
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 the 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 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 DOT -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 DOT -assisted
contracts.
ii. The RECIPIENT shall comply with the requirements of I.M. 5.010, DBE Guidelines.
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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.
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.
a. Upon receiving FHWA Authorization, the RECIPIENT must show federal aid funding activity to receive the
programmed amount authorized for the project. If there are no funding activity for nine or more months
after the previous activity, the remaining unused programmed amount will be de -obligated from the
project and there will be no further federal aid reimbursement issued for the project. If the RECIPIENT
knows in advance that funding activity will not occur for the nine months, the Contract Administrator
needs to be notified to determine if programming of fund can be adjusted or other options can be
explored.
b. Upon receipt of Federal Highway Administration (FHWA) authorization a Federal Award Identification
Number (FAIN) will be assigned to this project by the FHWA based on a methodology that incorporates
identifying information about the federal award such as the federal funding program code and the federal
project number. This FAIN will be used to identify this project and award on the federal government's
listing of financial assistance awards consistent with the Federal Funding Accountability and
Transparency Act of 2006 (FFATA) at usaspending.gov.
c. A period of performance for this federal funding award will be established at the time of FHWA
authorization. The start date of the period of performance will be the FHWA authorization date. The
project end date (PED) will be determined according to the methodology in I.M. 1.200, Federal Funds
Management. Costs incurred before the start date or after the PED of the period of performance will not
be eligible for reimbursement.
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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. 3.330, 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. 6.010, Federal -aid Construction by Local Agency
Forces.
i. 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 rate 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. 3.310, Federal -aid Participation in Consultant Costs.
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. 3.020, Concept Statement Instructions; 4.020, NEPA Process;
4.110 Threatened and Endangered Species; and 4.120, 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. 4.170, Farmland Protection Policy Act.
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. 4.130,
404 Permit Process; 4.140, Storm Water Permits; 4.150, Iowa DNR Floodplain Permits and Regulations;
4.190, Highway Improvements in the Vicinity of Airports or Heliports, and 4.160, 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
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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.
3.600, 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, even if no Federal funds are used for right-of-way activities.
The RECIPIENT shall obtain environmental concurrence before acquiring any needed right-of-way. With
prior approval, hardship and protective buying is possible. If the RECIPIENT requests Federal funding for
right-of-way acquisition, the RECIPIENT shall also obtain FHWA authorization before purchasing any
needed right-of-way.
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, architect, or landscape 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. 3.700, 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.
iii. Follow the procedures in I.M. 5.030, 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, and execute the contract documents in DocExpress.
c. For projects that are let locally by the RECIPIENT, the RECIPIENT shall follow the procedures in I.M.
5.120, Local Letting Process - Federal -aid.
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d. The RECIPIENT shall forward a completed Project Development Certification (Form 730002) to the
DEPARTMENT in accordance with I.M. 3.710, 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 notice in Doc
Express that 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 IAC
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. 6.000, Construction Inspection, and the
DEPARTMENT's Construction Manual, as applicable, for conducting construction inspection activities.
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
once every six months, 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.
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. Reimbursement claims shall be submitted on forms identified by the Department along with all required
supporting documentation. 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.
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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:
1) 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
2) refund to the DEPARTMENT all funds collected in excess of the total project costs (including interest
and penalties associated with the amount of the excess) within 60 days of the receipt of any excess
funds. In return, the DEPARTMENT will either credit reimbursement billings to the FHWA or credit the
appropriate State fund account in the amount of refunds received from the RECIPIENT.
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. The RECIPIENT shall follow and
request a final audit, 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 will result in loss of federal funds remaining to be reimbursed and the repayment of funds
already reimbursed. The RECIPIENT may be suspended from receiving federal funds on future 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.
July 2022
EXHIBIT 2
U.S. Department of Transportation Grant Agreement Under the Fiscal Year 2022 RAISE Grant Program
U.S. DEPARTMENT OF TRANSPORTATION
GRANT AGREEMENT UNDER THE
FISCAL YEAR 2022 RAISE GRANT PROGRAM
This agreement is between the United States Department of Transportation (the "USDOT")
and the Iowa Department of Transportation (the "Recipient").
This agreement reflects the selection of the Recipient to receive a RAISE Grant for the
La Porte Road Revitalization.
If schedule A to this agreement identifies a Designated Subrecipient, that Designated
Subrecipient is also a party to this agreement, and the parties want the Designated Subrecipient
to carry out the project with the Recipient's assistance and oversight.
The parties therefore agree to the following:
ARTICLE 1
GENERAL TERMS AND CONDITIONS.
1.1 General Terms and Conditions.
(a) In this agreement, "General Terms and Conditions" means the content of the document
titled "General Terms and Conditions Under the Fiscal Year 2022 Rebuilding American
Infrastructure with Sustainability and Equity (RAISE) Grant Program: FHWA Projects,"
dated October 18, 2022, which is available at https://www.transportation.gov/policy-
initiatives/raiselraise-grant-agreements. The General Terms and Conditions reference the
information contained in the schedules to this agreement. The General Terms and
Conditions are part of this agreement.
(b) The Recipient states that it has knowledge of the General Terms and Conditions.
(c) The Recipient acknowledges that the General Terms and Conditions impose obligations
on the Recipient and that the Recipient's non-compliance with the General Terms and
Conditions may result in remedial action, terminating of the RAISE Grant, disallowing
costs incurred for the Project, requiring the Recipient to refund to the USDOT the RAISE
Grant, and reporting the non-compliance in the Federal -government -wide integrity and
performance system.
ARTICLE 2
SPECIAL TERMS AND CONDITIONS.
There are no special terms for this award.
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SCHEDULE A
ADMINISTRATIVE INFORMATION
1. Application.
Application Title: LaPorte Road Revitalization Project
Application Date: April 14, 2022
2. Recipient's Unique Entity Identifier.
See section 23.3 of the General Terms and Conditions.
3. Recipient Contact(s).
Dillon J. Feldmann, P.E.
Eastern Region Field Engineer, Local Systems Bureau
Iowa Department of Transportation
800 Lincoln Way
Ames, IA 50010
515-290-5609
Dillonfeldmann@iowadot.us
4. Recipient Key Personnel.
None.
5. USDOT Project Contact(s).
Andrew Zimmerman, P.E.
Transportation Engineer
Federal Highway Administration — Iowa Division
105 6th Street
Ames, Iowa 50010
515-233-7334
Andrew.zimmennan@dot.gov
6. Payment System.
USDOT Payment System: FMIS
7. Office for Subaward and Contract Authorization.
USDOT Office for Subaward and Contract Authorization; FHWA Division
8. Federal Award Identification Number.
See section 23.2 of the General Terms and Conditions.
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9. Designated Subrecipient.
Designated Subrecipient: City of Waterloo, Iowa
Designated Subrecipient Project Contacts:
Jamie Knutson, P.E.
City Engineer
City of Waterloo, Iowa
715 Mulberry Street
Waterloo, Iowa 50703
319-291-4312
JAMIE.KNUTSON cr,WATERLGG-IA.DRG
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SCHEDULE B
PROJECT ACTIVITIES
1. General Project Description.
The project will make complete streets improvements on approximately 2.7 miles of La
Porte Road. The project will add sidewalks, bicycle trails, lighting, transit benches and
platforms, and a bus shelter to the corridor. The project will also reconfigure the corridor
to eliminate certain travel lanes, create a separated bicycle and pedestrian path, and add
turn lanes in select locations throughout the corridor.
2. Statement of Work.
Final Design Engineering
Environmental Studies and NEPA Document Preparation
Final Design of Phases 2 & 3 and Construction Documents
Right -of -Way Acquisition
Construction -Related Services for Components 1 - 3
Inspection & Material Testing
Shop Drawing and RFI Review
Construction Administration
Record Drawings
Construction
Component 1:
Reconstruction of La Porte Road from Shaulis Road to Bopp Street which
includes intersection improvements, recreational trail, sidewalk, MET transit bus
stops, street trees, plantings, and intersection lighting.
Component 2:
Reconstruction of La Porte Road from Plymouth Avenue to Hwy 218 Slip Ramp
which includes intersection improvements, recreational trail including the
connection to 1$t6 Street, sidewalk, MET transit bus stops, gateway features,
intersection markers, street trees, plantings, and intersection lighting.
Component 3:
Reconstruction of La Porte Road from Bopp Street to Plymouth Avenue includes
intersection improvements, recreational trail, sidewalk, MET transit bus stops,
gateway features, intersection markers, street trees, plantings, and intersection
lighting.
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SCHEDULE C
AWARD DATES AND PROJECT SCHEDULE
1. Award Dates.
Budget Period End Date: June 30, 2031
Period of Performance End Date: See section 4.5 of the General Terms and
Conditions
2. Estimated Project Schedule.
Milestone
Schedule Date
Planned Completion of Final Engineering Date
(Components 2 & 3):
November 30, 2025
Planned Construction Substantial Completion and Open
to Traffic Date (All Components):
December 30, 2029
3. Special Milestone Deadlines.
None.
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SCHEDULE D
AWARD AND PROJECT FINANCIAL INFORMATION
1. Award Amount.
RAISE Grant Amount: $20,500,000.00
2. Federal Obligation Information.
Federal Obligation Type: Multiple
Obligation Condition Table
Portion of the Project
Portion of the
RAISE Grant
Obligation Condition
Base Phase:
Final Engineering
Components 2 & 3
$1,057,800
Component 1
$8,730,000
If the FHWA IA Division reviews the PS&E for
the Component and the Recipient has met
all the applicable Federal, State, and Local
requirements.
Component 2
$7,287,875
If the FHWA IA Division reviews the PS&E for
the Component and the Recipient has met
all the applicable Federal, State, and Local
requirements. In addition, Division will
confirm that the Railroad Coordination
Agreement is finalized.
Component 3
$3,424,325
If the FHWA IA Division reviews the PS&E for
the Component and the Recipient has met
all the applicable Federal, State, and Local
requirements.
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3. Approved Project Budget.
Eligible Project Costs
Final Eng.
Comp. 2
& 3 ROW* Comp. 1 Comp. 2 Comp. 3 Total
RAIS $1,057,800 $0 $8,730,00 $7,287875 $3,424,32 $20,500,0
E 0 5 00
Funds:
Other $0 $0 $4,537,75 $2,830,50 $2,711,90 $10,080,1
Federa 5 0 0 55
1
Funds:
Non- $824,200 $250,00 $2,815,24 $707625 $4,109,77 $8,706,84
Federa 0 5 5 5
Funds:
Total: $1,882,000 $250,00 $16,083,0 $10,826,0 $10,246,0 $39,287,0
0 00 00 00 00
* ROW is for all three phases.
4. Cost Classification Table
Reserved.
5. Approved Pre -award Costs
None. The USDOT has not approved under this award any costs incurred under an
advanced construction authorization (23 U.S.C. 115), any costs incurred prior to
authorization (23 C.F.R. 1.9(b)), or any pre -award costs under 2 C.F.R. 200.458.
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SCHEDULE E
CHANGES FROM APPLICATION
Scope: No changes.
Schedule: The project had an anticipated letting date of late 2022 with construction beginning in
2023. These dates were delayed due to time necessary to execute a grant agreement. Initial
submission of the grant agreement to the FHWA was on July 25, 2023 with numerous drafts
being reviewed, updated and resubmitted culminating in the current timeline with a proposed
letting in July 2024. The delays with getting an approved grant agreement in place have forced
delays in final plan submittal to the IDOT for letting of Phase 1, rights -of -purchasing for
Phase 1, NPDES permits, and starting the final design of Phase 2 and Phase 3.
Budget: The overall project cost has increased by $10,982,318 since the application was
submitted. These estimated project cost increases were updated to reflect current unit bid prices
and estimated quantities for the project. These costs reflect higher material and labor costs seen
in projects across the country. To cover the cost increases, the recipient has increased Federal
funding by adding $9,928,827 in STBG grants that were initially programmed as IDOT SWAP
funds and by adding $559,941 in non -Federal funding. Previously incurred costs increased by
$690,050 due to continued development of the final design plans for Phase 1 during the selection
period.
The table below provides a summary comparison of the Proiect budget.
Fund Source
Application
$ %
Schedule
$
D
%
Previously Incurred Costs
Federal Funds
0
0
Non -Federal Funds
731,250
1,421,300
Total Previously Incurred Costs
731,250
1,421,300
Future Eligible Project Costs
RAISE Funds
20,500,000
71%
20,500,000
52%
Other Federal Funds
151,328
1%
10,080,155
26%
Non -Federal Funds
8,343,404
29%
8,706,845
22%
Total Future Eligible Project
Costs
28,994,732
100%
39,287,000
100%
Total Project Costs
29,725,982
40,708,300
Other: No changes.
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SCHEDULE F
RAISE PROGRAM DESIGNATIONS
1. Urban or Rural Designation.
Urban -Rural Designation: Rural
2. Capital or Planning Designation.
Capital -Planning Designation: Capital
3. Historically Disadvantaged Community or Area of Persistent Poverty Designation.
HDC or APP Designation: No
4. Funding Act.
Funding Act: IIJA
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SCHEDULE G
RAISE PERFORMANCE MEASUREMENT INFORMATION
Study Area: La Porte Road from Shaulis Road to Hwy 218 Slip Ramp
Baseline Measurement Date: April 3, 2024
Baseline Report Date: June 3, 2024
Table 1: Performance Measure Table
Measure
Category and Description
Measurement
Frequency
Auto Crash Rates by
Type/Severity
Safety
Crash rates will be measured and reported
as crashes per 100 million VMT and
identified by the following severity
categories: fatal, injury, property damage
only (PDO) crashes.
Quarterly
Q y
Bike and Pedestrian
Counts/Trips
Quality of Life
Average daily bicycle and pedestrian
counts using National Bicycle &
Pedestrian Documentation Project
methodology by conducting hourly counts
at key locations in the study area. Counts
will be collected on a typical weekday,
Saturday and Sunday and should be
conducted monthly to produce quarterly
average.
Quarterly
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SCHEDULE H
CLIMATE CHANGE AND ENVIRONMENTAL JUSTICE IMPACTS
1. Consideration of Climate Change and Environmental Justice Impacts.
The Recipient states that rows marked with "X" in the following table are accurate:
The Project directly supports a Local/Regional/State Climate Action Plan that
results in lower greenhouse gas emissions. (Identify the plan in the supporting
narrative below)
The Project directly supports a Local/Regional/State Equitable Development
Plan that results in lower greenhouse gas emissions. (Identj the plan in the
supporting narrative below.)
The Project directly supports a Local/Regional/State Energy Baseline Study
that results in lower greenhouse gas emissions. (Identf the plan in the
supporting narrative below)
The Recipient or a project partner used environmental justice tools, such as the
EJSCREEN, to minimize adverse impacts of the Project on environmental
justice communities. (Identify the tool(s) in the supporting narrative below.)
The Project supports a modal shift in freight or passenger movement to reduce
emissions or reduce induced travel demand. (Describe that shift in the
supporting narrative below j
The Project utilizes demand management strategies to reduce congestion,
induced travel demand, and greenhouse gas emissions. (Describe those
strategies in the supporting narrative below.)
The Project incorporates electrification infrastructure, zero -emission vehicle
infrastructure, or both. (Describe the incorporated infrastructure in the
supporting narrative below.)
The Project supports the installation of electric vehicle charging stations.
(Describe that support in the supporting narrative below)
The Project promotes energy efficiency. (Describe how in the supporting
narrative below.)
The Project serves the renewable energy supply chain. (Describe how in the
supporting narrative below)
The Project improves disaster preparedness and resiliency (Describe how in the
supporting narrative below.)
The Project avoids adverse environmental impacts to air or water quality,
wetlands, and endangered species, such as through reduction in Clean Air Act
criteria pollutants and greenhouse gases, improved stormwater management, or
improved habitat connectivity. (Describe how in the supporting narrative
below.)
The Project repairs existing dilapidated or idle infrastructure that is currently
causing environmental harm. (Describe that infrastructure in the supporting
narrative below.)
The Project supports or incorporates the construction of energy- and location -
efficient buildings. (Describe how in the supporting narrative below.)
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The Project includes recycling of materials, use of materials known to reduce
or reverse carbon emissions, or both. (Describe the materials in the supporting
narrative below.)
The Recipient has taken other actions to consider climate change and
environmental justice impacts of the Project. (Describe those actions in the
supporting narrative below.)
The Recipient has not yet taken actions to consider climate change and
environmental justice impacts of the Project but, before beginning construction
❑f the Project, will take relevant actions described in schedule B. (Ident fy the
relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions to consider climate change and
environmental justice impacts of the Project and will not take those actions
under this award.
2. Supporting Narrative.
The Project includes recycling of materials, use of materials known to reduce or
reverse carbon emissions, or both. (Describe the ►materials in the supporting narrative
below.)
a Recycling of existing pavement to use as modified subbase assists in reducing
carbon emissions and construction waste. Corridor will install energy efficient
LED lighting. Adaptive traffic signals will be installed to reduce traffic
congestion and lower greenhouse gas emissions.
12 ❑f2l
SCHEDULE I
RACIAL EQUITY AND BARRIERS TO OPPORTUNITY
1, Efforts to Improve Racial Equity and Reduce Barriers to Opportunity.
The Recipient states that rows marked with "X" in the following table are accurate:
A racial equity impact analysis has been completed for the Project. (Identi a
report on that analysis or, if no report was produced, describe the analysis and
its results in the supporting narrative below.)
The Recipient or a project partner has adopted an equity and inclusion
program/plan or has otherwise instituted equity -focused policies related to
project procurement, material sourcing, construction, inspection, hiring, or
other activities designed to ensure racial equity in the overall delivery and
implementation of the Project. (Identify the relevant programs, plans, or
policies in the supporting narrative below.)
The Project includes physical -barrier -mitigating land bridges, caps, lids, linear
parks, and multimodal mobility investments that either redress past barriers to
opportunity or that proactively create new connections and opportunities for
underserved communities that are underserved by transportation. (Identify the
relevant investments in the supporting narrative below)
X
The Project includes new or improved walking, biking, and rolling access for
individuals with disabilities, especially access that reverses the disproportional
impacts of crashes on people of color and mitigates neighborhood bifurcation.
(Identify the new or improved access in the supporting narrative below.)
The Project includes new or improved freight access to underserved
communities to increase access to goods and job opportunities for those
underserved communities. (Identify the new or improved access in the
supporting narrative below.)
The Recipient has taken other actions related to the Project to improve racial
equity and reduce barriers to opportunity. (Describe those actions in the
supporting narrative below.)
The Recipient has not yet taken actions related to the Project to improve racial
equity and reduce barriers to opportunity but, before beginning construction of
the Project, will take relevant actions described in schedule B. (Ident( the
relevant actions from schedule B in the supporting narrative below.)
The Recipient has not taken actions related to the Project to improve racial
equity and reduce barriers to opportunity and will not take those actions under
this award.
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2. Supporting Narrative.
The Project includes new or improved walking, biking, and rolling access for
individuals with disabilities, especially access that reverses the disproportional
impacts of crashes on people of color and mitigates neighborhood bifurcation.
(Identify the new or improved access in the supporting narrative below)
o The Project will fill a gap in the local bicycle and pedestrian network to connect
this "area of persistent poverty" and Opportunity Zone to the city's extensive
network of trails. This redresses inequity in the provision of trails between
disadvantaged neighborhoods and areas of greater prosperity. The existing
corridor is in an area that lacks sidewalks —a sidewalk desert. The project will add
Americans with Disabilities Act (ADA) accessible routes along the corridor. The
ADA sidewalk route will be along the east side for portions developed and the
ADA bike path will be along the west side from Shaulis Rd to the north limits of
La Porte and connects to the existing trail system at W. 18th Street. This project
fills in the gap in the local trail systems, and connects the local trails to the
regional and national American Discovery Trail, a coast -to -coast route across the
U.S. The Project will also improve the ADA accessible transit accommodations in
the corridor.
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SCHEDULE J
LABOR AND WORK
1. Efforts to Support Good -Paying Jobs and Strong Labor Standards
The Recipient states that rows marked with "X" in the following table are accurate:
The Recipient or a project partner has adopted the use of project labor
agreements in the overall delivery and implementation of the Project. (Identify
the relevant agreements and describe the scope of activities they cover in the
supporting narrative below.)
The Recipient or a project partner has adopted the use of local and economic
hiring preferences in the overall delivery and implementation of the Project,
subject to all applicable State and local laws, policies, and procedures.
(Describe the relevant provisions in the supporting narrative below.)
The Recipient or a project partner has adopted the use of registered
apprenticeships in the overall delivery and implementation of the Project.
(Describe the use of registered apprenticeship in the supporting narrative
below.)
The Recipient or a project partner will provide training and placement
programs for underrepresented workers in the overall delivery and
implementation of the Project. (Describe the training programs in the
supporting narrative below.)
The Recipient or a project partner will support free and fair choice to join a
union in the overall delivery and implementation of the Project by investing in
workforce development services offered by labor-management training
partnerships or setting expectations for contractors to develop labor-management
training programs. (Describe the workforce development services offered by
labor-management training partnerships in the supporting narrative below.)
The Recipient or a project partner will provide supportive services and cash
assistance to address systemic barriers to employment to be able to participate
and thrive in training and employment, including childcare, emergency cash
assistance for items such as tools, work clothing, application fees and other
costs of apprenticeship or required pre -employment training, transportation and
travel to training and work sites, and services aimed at helping to retain
underrepresented groups like mentoring, support groups, and peer networking.
(Describe the supportive services andlor cash assistance provided to trainees
and employees in the supporting narrative below.)
The Recipient or a project partner has documented agreements or ordinances in
place to hire from certain workforce programs that serve underrepresented
groups. (Identify the relevant agreements and describe the scope of activities
they cover in the supporting narrative below.)
15 ❑f21
The Recipient or a project partner participates in a State/Regional/Local
comprehensive plan to promote equal opportunity, including removing barriers
to hire and preventing harassment on work sites, and that plan demonstrates
action to create an inclusive environment with a commitment to equal
opportunity, including:
a. affirmative efforts to remove barriers to equal employment
opportunity above and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor's Office
of Federal Contract Compliance Programs to promote compliance
with EO 11246 Equal Employment Opportunity requirements;
c. no discriminatory use of criminal background screens and
affirmative steps to recruit and include those with former justice
involvement, in accordance with the Fair Chance Act and equal
opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex,
sexual orientation, gender identity, and national origin;
e. training on anti -harassment and third -party reporting procedures
covering employees and contractors; and
f. maintaining robust anti -retaliation measures covering employees
and contractors.
(Describe the equal opportunity plan in the supporting narrative below.)
The Recipient has taken other actions related to the Project to create good -
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards. (Describe those actions in the supporting narrative below.)
The Recipient has not yet taken actions related to the Project to create good -
paying jobs with the free and fair choice to join a union and incorporate strong
labor standards but, before beginning construction of the Project, will take
relevant actions described in schedule B. (Identify the relevant actions from
schedule B in the supporting narrative below)
The Recipient has not taken actions related to the Project to improving good -
paying jobs and strong labor standards and will not take those actions under
this award.
2. Supporting Narrative.
The Recipient or a project partner participates in a State/Regional/Local comprehensive
plan to promote equal opportunity, including removing barriers to hire and preventing
harassment on work sites, and that plan demonstrates action to create an inclusive
environment with a commitment to equal opportunity, including:
a. affirmative efforts to remove barriers to equal employment opportunity above
and beyond complying with Federal law;
b. proactive partnerships with the U.S. Department of Labor's Office of Federal
Contract Compliance Programs to promote compliance with EO 11246 Equal
Employment Opportunity requirements;
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c. no discriminatory use of criminal background screens and affirmative steps to
recruit and include those with former justice involvement, in accordance with
the Fair Chance Act and equal opportunity requirements;
d. efforts to prevent harassment based on race, color, religion, sex, sexual
orientation, gender identity, and national origin;
e. training on anti -harassment and third -party reporting procedures covering
employees and contractors; and
f. maintaining robust anti -retaliation measures covering employees and
contractors.
(Describe the equal opportunity plan in the supporting narrative below.)
a. This project will be let through the Iowa DOT. As part of the letting process, the Iowa
DOT also has taken specific steps to ensure there is no discrimination in the awarding
and administering of contracts. The Iowa DOT Standard Specifications Section 1102.19
includes the contract Equal Employment Opportunity (EEO) and Affirmative Action
(AA) Requirements. The EEO and AA requirements will apply to all contracts let by the
Department that equal or exceed $10,000.00. The requirements will also apply to any
subcontracts that equal or exceed $10,000 if the subcontract involves a contract let by the
Department. On Federal -aid projects laws, executive orders, rules, regulations (28 CFR
35, 29 CFR 1630, and 41 CFR 60), and orders of the Secretary of Labor, as modified by
this specification and imposed pursuant to 23 USC 140, shall constitute the EEO/AA
standards for the Contractor's company -wide activities for contracts let by the Iowa DOT
and for subcontracts involved in such contracts. The Equal Opportunity Construction
Contract Specifications, set forth under 41 CFR 60-4.3, and the provisions of the
American Disabilities Act of 1990 (42 USC 12101 et seq.) set forth under 28 CFR 35 and
29 CFR 1630, are both incorporated by reference in contracts and subcontracts utilized by
the Iowa DOT.
b. The Iowa DOT Standard Specifications Section 1102.19 requires compliance with
Executive Order 11246. The Office of Federal Contract Compliance Programs, within the
US DOL, is the only party having authority to determine enforcement of and compliance
with Executive Order 11246 requirements incorporated in contracts and subcontracts
utilized by the Iowa DOT.
The Office of Federal Contract Compliance Programs, within the US DOL, is the only
party having authority to determine enforcement of and compliance with Executive Order
11246 requirements incorporated in contracts and subcontracts utilized by the
Department. included among these requirements are the equal opportunity clause,
contained in 41 CFR 60-1.4; the Notice of Requirement for Affirmative Action to Ensure
Equal Employment Opportunity, contained in 41 CFR 60-4.2; and (3) the Standard
Federal Equal Employment Opportunity Construction Contract Specifications, contained
in 41 CFR 60-4.3.
c. The City of Waterloo passed the Fair Chance Initiative Ordinance and Amendment in
2020. This ordinance was to remove barriers to employment, judge applicants on their
qualifications, reduce recidivism and enhance good business practice and workforce
needs. If a person feels aggrieved, a complaint can be filed with the City of Waterloo
17 of21
Human Rights Commission or with the Iowa Civil Rights Commission. If a complaint is
filed with the City of Waterloo Human Rights Commission, the City Attorney will then
investigate the alleged complaint and issue a finding, including possible fines and refer
the complaint to the Iowa Civil Rights Commission.
Effective with the Jan. 21, 2015 letting, potential prime contractors will need to have a
Bidder Status Form on file in order to be authorized to bid on any contract let at the Iowa
Department of Transportation's Office of Contracts. This is to comply with reciprocal
resident bidder preference provisions of Iowa Code 73A.21 and 875 Iowa Administrative
Code Chapter 156. At no point is the previous criminal history of a prospective bidder
considered in the pre -qualification process.
d. The Iowa DOT Standard Specifications Section 1102.19 requires the
Contractor's/Subcontractor's EEO/AA Policy to include EEO/AA Operating Statement.
"It is the policy of this Company to ensure that applicants are employed, and that
employees are treated during employment, without regard to their race, religion, sex,
sexual orientation, gender identity, color, national origin, age, or disability. Such action
shall include: employment, upgrading, demotion, or transfer; recruitment or recruitment
advertising; layoff or termination; rates of pay or other forms of compensation; and
selection for training, including apprenticeship, pre -apprenticeship, and/or on-the-job
training." The Equal Opportunity Construction Contract Specifications, set forth under 41
CFR 60-4.3 is incorporated by reference in contracts and subcontracts utilized by the
Iowa DOT.
e. The Iowa DOT Office of Civil Rights hosts several "Title VI Overview with
Workshops" across the state. This training will explain the purpose of Title VI and the
process of completing the documentation necessary for your organization to be
considered "in compliance."
f. Per Iowa DOT Specifications and Federal law, retaliation is prohibited against a person
who files a complaint of discrimination, participates in an OFCCP proceeding, or
otherwise opposes discrimination by Federal contractors under these Federal laws.
The Know Your Rights: Workplace Discrimination is Illegal notices are posted to the job
board during the duration of a project.
18 ❑f21
RECIPIENT SIGNATURE PAGE
The Recipient, intending to be legally bound, is signing this agreement on the date stated
opposite that party's signature.
Iowa Department of Transportation
May 13, 2024
By:
Dalc Signature of Recipient's Authorized Representative
Dillon J. Feldmann, P.E.
Name
Eastern Region Field Engineer, Local Systems
Bureau
Title
19of2I
DESIGNATED SUBRECIPIENT SIGNATURE PAGE
The Designated Subrecipient, intending to be legally bound, is signing this agreement on the date
stated opposite that party's signature.
City of Waterloo
5/6/2024 Querezin 9-tar
By.
Date Signature of Designated Subrecipient's Authorized
Representative
Quentin Hart
Name
Mayor
Title
20of2l
USDOT SIGNATURE PAGE
The USDOT, intending to be legally bound, is signing this agreement on the date stated opposite
that party's signature.
May 13, 2024
Date
UNITED STATES DEPARTMENT OF
TRANSPORTATION
By:
. Date: 2024.05.13
20:28:13-05'00'
Signature of USDOT's Authorized Representative
Timothy C. Marshall, P.E.
Name
FHWA Iowa Division Administrator
Title
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