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HomeMy WebLinkAboutIowa Department of Transportation-Grant Agreement-06.04.2007 -471-67 IOWA DEPARTMENT OF TRANSPORTATION -� ` �07 V(74 Federal-aid Agreement for a Congressionally Designated Project Recipient: City of Waterloo Project No.: HDP-8155(698)--71-07 Iowa DOT Agreement No: 2-07-HPPU-017 This is an agreement between 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. Federal regulations require all Federal funds to be administered by the Department. The United States Congress has provided Federal funding for the project described below under Division H, Title I, Section 117 of the Consolidated Appropriation Act, 2005, Public Law 108-447. These funds are referred to hereinafter as Section 117 funds. The United States Congress has also proviced Federal funding for the project described below from the High Priority Projects (HPP) program, which was continued under Sections 1701 through 1703 of the Safe, Accountable, Flexible, and Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59. These funds are hereinafter referred to as HPP funds. The United States Congress has also proviced Federal funding for the project described below from the Transportation Improvements (TI) program, which was established under Section 1934 of SAFETEA-LU. These funds are hereinafter referred to as TI funds. The project described below is part of a larger series of improvements along the U.S. Highway 63 corridor in Waterloo. This corridor extends from the U.S. 63 and 218 interchange to the intersection of U.S. 63 and Donald Street. The improvements associated with this corridor are hereinafter referred to as "the U.S. 63 improvements." Some of the Federal funds named above have already been obligated for preliminary engineering associated with other parts of the U.S. 63 improvements. Federal funds not already obligated for preliminary engineering associated with the U.S. 63 improvements will be available for the project described below. Pursuant to the terms of this agreement and applicable statutes, the Department agrees to provide the Federal funds 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 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 shall be the District 2 Local Systems Engineer. 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 project: Improvements to Westfield Avenue, including a connection from the John Deere facility north of Westfield Avenue south to the exit and entrance ramps of U.S. Highway 63/218. 4. The Recipient shall receive reimbursement for authorized, approved, and eligible project costs from the Federal funds named above. Eligible project activities may include construction, engineering, inspection, and right-of-way acquisition. Under certain circumstances, eligible activities may also include utility relocation that is required for construction of the project. 5. The Recipient may receive reimbursement for costs of authorized and approved eligible project activities from Section 117 funds (Demo I.D. IA 062). The portion of the project costs that may be reimbursed with Section 117 funds shall be limited to a maximum of either 100 percent of eligible costs (other than those reimbursed with other Federal funds) or the remaining amount of Section 117 funds available for the U.S. 63 improvements, whichever is less. • Congrt,ssionally Designated Project Agreement Page 2 6. SAFETEA-LU set a total upper limit of$6,000,000 in HPP funds for this project (Demo I.D.s IA 114 & 126; HP no.s 4009 &4021). Beginning with Federal Fiscal Year(FFY) 2005, and continuing through FFY 2009, 20%of this total will be allocated each year. However, after each year's allocation is distributed, the actual amount of HPP funds available for obligation (and consequently, reimbursement) will be limited by the amount of obligation authority made available each year by Congress, or the total amount of obligation authority accumulated to date. Therefore, the portion of the project costs that may be reimbursed with HPP funds shall be limited to a maximum of either 80% of eligible costs (other than those costs reimbursed with other Federal funds) or the remaining amount of HPP funds available for the U.S. 63 improvements, whichever is less. 7. SAFETEA-LU set a total upper limit of$3,000,000 in TI funds for this project(Demo I.D. IA 205, TI 135). Of this total, 10% will be allocated in Federal Fiscal Year 2005, 20% in 2006, 25% in 2007 and 2008, and 20% in 2009. However, after each year's allocation is distributed, the actual amount of TI funds available for obligation (and consequently, reimbursement) will be limited by the amount of obligation authority made available each year by Congress, or the total amount of obligation authority accumulated to date. Therefore, the portion of the project costs that may be reimbursed with TI funds shall be limited to a maximum of either 80% of eligible costs (other than those costs reimbursed with other Federal funds) or the remaining amount of TI funds available for the U.S. 63 improvements, whichever is less. 8. The Department has several monitoring wells located within the existing right-of-way of U.S. Highway 63/218 near the location where this project will connect to the exit and entrance ramps of U.S. Highway 63/218. After collecting samples from these wells, the Department will remove or close these wells. The Department plans to complete this work sometime after July 1, 2007. The Recipient shall not begin construction activities in this area until after receiving written approval from the Department. 9. Upon completion of the project, no changes may be made to the intersection of Commercial Street and Westfield Avenue that may affect the operation of the exit and entrance ramps of U.S. Highway 63/218 without prior written approval of the Department. This includes, but is not limited to, changes to features such as the pavement, pavement markings, signing, and signalization. 10. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this agreement shall remain in effect. 11. It is the intent of all parties that no third party beneficiaries be created by this agreement. 12. This agreement shall be executed and delivered in 2 or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same agreement. 13. 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 approval of the Department and the Recipient. • Congressionally Designated Project Agreement Page 3 IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City of Waterloo: t� By ��,�..� Date .,tt�� �1 V047 Title "'hay() r v L- C n e Y , certify that I am the City Clerk of Waterloo, and that / , r1'1 (Ay 12 , who signed said Agreement for and on behalf of the City was duly 14 authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the city on the �✓ day of J u he aU�7 Signed Date 3[4 y‘ 1 , 0 00-7 City Clerk of Waterloo, a Iowa Department of Transportation: Highway Division By Date Victoria Dumdei, P.E. District 2 Engineer May 2007 EXHIBIT 1 General Agreement Provisions for use of Federal Highway Funds on Non-primary Highways 1. General Requirements. a. Since this project is to be financed with local and Federal funds, the Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. b. No person in the United States shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of race, color, national origin, sex, age, or disability in all Federally funded programs and activities of the recipients, subrecipients, and contractors. The Department will determine a Disadvantage Business Enterprise (DBE) Commitment on all Federally funded projects. c. 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 approval process, plan and construction reviews, and funding participation. d. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to arbitration after 10 days notice to the other party of their intent to seek arbitration. The written notice shall include a precise statement of the dispute. The Department and the Recipient agree to be bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State or Federal courts absent exhaustion of the provisions of this paragraph e. The Office of Management and Budget (OMB) Circular A-133 requires the Department to inform the Recipient of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A-133. CFDA#20.205 and title, "Highway Planning and Construction" snail be used for the Federal funds awarded for this project. 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. 2. Federal Authorization. a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized. b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's request, the Department will forward the request to the FHWA for authorization and obligation of Federal funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work performed prior to FHWA authorization will not be reimbursed with Federal funds. 3. In-House Engineering Services. a. If Federal funding is requested for in-house engineering services, the Recipient shall follow the procedure outlined in Index No. 2 of the Project Development Information Packet. If the Recipient desires to claim indirect costs under Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in accordance with the requirements of Office of Management and Budget(OMB) Circular A-87—Cost Principles for State, Local, and Indian Tribal Governments. Before incurring costs for in-house engineering services, such an indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount of Federal funds to the Recipient. EXHIBIT 1' Page 2 4. Consultant Services a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 - Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications-based selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in the Instructional Memorandum (I.M.). to Local Public Agencies 3.305, Federal-aid Participation in Consultant Costs. b. If preliminary engineering is Federally funded, and if the"do nothing" alternate is not selected, and if right-of-way acquisition for or actual construction of the road 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 an amount equal to the amount of Federal funds made available for such engineering. 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. b. If farmland is to be acquired, whether for use as project right-of-way or permanent easement, the Recipient shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to the U.S. Natural Resources Conservation Service (NRCS). c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and 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, etc. d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal funding reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. e. 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. 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 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 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 ft,inded 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 sum or sums of Federal funds in the right-of-way to the Department. EXHIBI l 1' Page 3 7. Letting the Project. a. The project plans, specifications, and project cost estimate (PS&E) shall be prepared and certified by a Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and other contract documents to the Department for review and approval to let the project. b. The project shall be constructed under 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. c. The Recipient shall forward a Federal-aid Project Development Certification and final PS&E to the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code section 26.12. d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the Department in accordance with its normal letting procedures. After bids are received and reviewed, the Department will furnish the Recipient with a tabulation of responsive bids. e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient. f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids. Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed contract, two copies of the performance bond, and two copies of the certificate of insurance. 8. Construction. a. 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. b. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined by the Department. c. The Recipient shall comply with the procedures and responsibilities for materials testing according to Department's Material I.M.s. The Department will bill the Recipient for testing services according to its normal policy. The Recipient should use the Department's Construction Manual as a guide for conducting other construction inspection activities. 9. Payments. a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible project costs, for which reimbursement is requested, have been paid in full and completed in substantial compliance with the terms of this agreement. b. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If, upon audits of contracts, the Department determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the Department. c. 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, and 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). 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 does exceed the total project costs, the Recipient shall either: EXHIBIT41. Page 4 1) 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. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to the Department that the project was completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts the project as complete. b. 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 during the construction period and for 3 years from the date of final Federal funding reimbursement, 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. c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable to the Department and the FHWA.