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HomeMy WebLinkAboutAGREEMENT OF A PRIMARY HIGHWAY IMPROVEMENT - RESOLUTION 2007-111 6- 007- ,� J 9 IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Primary Highway Improvement Project Recipient: City of Waterloo, Iowa County: Black Hawk Project Number: NHSX-63-6(69)--3H-07 Agreement Number: 2006-16-163 Staff Action Number: (not applicable) This agreement is entered into by and between the City of Waterloo, Iowa (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the Department) in accordance with Iowa Code Sections 28E.12 and 306A.7 or 307.44. Witnesseth; that Whereas, the Recipient in joint cooperation with the Department, proposes to establish or make improvements to a primary highway; and Whereas, the Recipient has received Federal funding through the Surface Transportation Program (STP), which was continued by the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users(SAFETEA-LU), Public Law 109-59, and is now codified at Section 133(b) of Title 23, United States Code(U.S.C.). STP funds are available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on Federal-aid highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Federal-aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads; and Whereas, the Recipient has received Federal funding for this project under Division H, Title I, Section 117 of the Consolidated Appropriation Act, 2005, Public Law 108-447, which are referred to hereinafter as Section 117 funds; and Whereas, the Recipient has received Federal funding through 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, which are hereinafter referred to as HPP funds; and Whereas, the Recipient has received Federal funding through the Transportation Improvements (TI) program, which was established under Section 1934 of SAFETEA-LU, Public Law 109-59, which are hereinafter referred to as TI funds. Now, therefore, in accordance with the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to provide funding named above to the Recipient for the primary highway improvement project described below. The parties further agree as follows: 1. Project Information a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement. b. All notices required under this agreement shall be made in writing to the Department's and/or the Recipient's 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. c. The Recipient shall be responsible for the Preliminary Engineering in the development of the following described primary highway improvements in the city of Waterloo: Segment 1A—New Commercial Street access from Westfield Avenue south to U.S. 63 Segment 1 B - U.S. 63 and 218 interchange Segment 1C - U.S. 63 from U.S. 63/218 interchange north to Franklin Street Segment 2 - U.S. 63 from Franklin Street north to Newell Street Segment 3— U.S. 63 from Newell Street north to Donald Street 2. Funding Sources a. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from. The portion of the project costs reimbursed with shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or the amount stipulated in the Iowa Northland Regional Council of Governments current Transportation Improvement Program (TIP) and approved in the current Statewide Transportation Improvement Program (STIP), whichever is less. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. b. The Recipient shall 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 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$2,459,820, whichever is less. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. The responsibility for project costs has not yet been determined. When a project design has been agreed upon, an amendment to this document shall be duly executed. The Recipient may not begin any construction or right-of-way acquisition activities until such amendment has been executed. c. SAFTEA-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 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 total amount of obligation authority, whichever is less. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. The responsibility for project costs has not yet been determined. When a project design has been agreed upon, an amendment to this document shall be duly executed. The Recipient may not begin any construction or right-of-way acquisition activities until such amendment has been executed. d. SAFTEA-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 reimbursed with TI funds shall be limited to a maximum of either 80% of eligible costs (other than those costs reimbursed with other Federal funds) or the total amount of obligation authority, whichever is less. Eligible project activities will be limited to the following: construction, engineering, inspection, and right-of-way acquisition. The responsibility for project costs has not yet been determined. When a project design has been agreed upon, an amendment to this document shall be duly executed. The Recipient may not begin any construction or right-of-way acquisition activities until such amendment has been executed. e. The Recipient shall comply with the Federal-aid provisions contained in Exhibit A which is attached hereto and by this reference is incorporated into this agreement. f. The Recipient shall be responsible for all Preliminary Engineering costs for these projects not reimbursed with or paid for by the funds specified above. 3. Environmental, Right-of-Way, Permits, and Other Requirements a. The Recipient shall be responsible for obtaining any necessary permits from the Department, such as the Right to Occupy and/or Perform Work Within the Right-of-Way, Permit of Access, Utility Accommodation, Right to Install and Maintain Traffic Control Devices, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this agreement shall be construed as approval of any required permit from the Department. b. The Recipient shall obtain all project permits and/or 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, or other State or Federal agencies as may be required. c. Right-of-way for the project shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. d. The responsibility for right-of-way acquisition has not yet been determined. When the right-of-way acquisition responsibilities have been agreed upon, an amendment to this document shall be duly executed. The Recipient may not begin any right-of-way acquisition activities until such amendment has been executed. e. Acquisition of real estate or rights to real estate needed for the primary highway right-of-way and all uneconomic remnants will be acquired for and in the name of the State of Iowa. f. The Recipient shall be responsible for providing property maintenance services such as mowing and trash hauling all at no cost to the Department. g. If there is a railroad crossing within or near the project work area, the Recipient shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and/ or right-of-way. h. If the project requires utility relocations, subject to the approval of the Department, the Recipient agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but are not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the Department's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. i. If the Recipient has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed primary highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this agreement, the Recipient shall promptly provide notice of the modification, amendment or revision to the Department. If the Recipient does not have a detailed FIS for an area which is affected by the proposed primary highway project and the Recipient does adopt an FIS in an area affected by the project after the date of this agreement, the Recipient shall promptly provide notice of the FIS to the Department. 4. Project Design a. The Recipient shall be responsible for the design all proposed improvements, from conceptual or preliminary design up through and including preparation of bid letting documents. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a licensed Professional Engineer authorized to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed in compliance with current standards and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by Department, as per 761 Iowa Administrative Code, Chapter 130. e. The project shall be designed and constructed using the Department's Standard Specifications for Highway and Bridge Construction (most current edition). Prior to their use in the bidding documents, any Special Provisions or other modifications to the Standard Specifications shall be approved by the Department. f. If the project is on a primary highway extension, the Recipient, in cooperation with the Department, shall take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code Section 313.21 and 364.15. g. No parking will be allowed along the primary highway. 5. Bid Letting a. The Recipient shall submit the plans, specifications, estimate, and all other contract documents for review by the Department. The project may be submitted for letting in phases, in the order of preference as determined by the Recipient. All plan submittals shall be in accordance with the Major Project schedule, as shown on the Critical Path Memorandum for Project Development published by the Department's Office of Local Systems. b. The project will be let by the Department in accordance with its normal letting procedures. 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 384.102. c. When let by the Department, the Department will identify the lowest responsive bidder. The Department will mail a tabulation of responsive bids and three originals of the unexecuted contract to the Recipient. The Recipient shall either take action to award the contract to the lowest responsive bidder or reject all bids. Following award of contract and signature by the lowest responsive bidder, the Recipient shall forward to the Department two copies each of the fully executed contract, performance bond, and certificate of insurance. 6. Construction and Maintenance a. The responsibility for contract administration, including inspection services and contractor payments, has not yet been determined. When responsibilities for contract administration have been agreed upon, an amendment to this document shall be duly executed. The project, or any phase of the project, will not go to letting until such an amendment has been executed. b. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the Department prior to the modification being put into effect. c. If primary highway through-traffic will be detoured onto streets or highways under the jurisdiction of the Recipient during construction of the project, the Recipient will take appropriate action to authorize the Department to erect and maintain signs as necessary to direct traffic to and along the detour route during the construction period. The Department will also remove said signs when the detour is discontinued. The detour route and signing shall be shown on the traffic control sheet(s)within the project plans. In consideration of the funds provided by this agreement, the Department will not provide separate compensation to the Recipient for the use of its streets or roads as a detour. d. If primary highway through-traffic will be detoured onto other primary highways during construction of the project, the Department will take appropriate action to erect and maintain signs as necessary to direct traffic to and along the detour route during the construction period. The Department will also remove said signs when the detour is discontinued. Details will be shown on the traffic control sheet(s)within the project plans. e. Structures over or under a primary road extension will be maintained structurally sound by the Department, including repairs to floors and railing and painting. For structures serving roadways which are not on the primary road extension system, the cleaning and removal of snow, debris and foreign objects from city side street traffic lanes, sidewalks or walkways within the project limits including pedestrian overpasses or underpasses and those associated with bridges both overpasses and underpasses will be the responsibility of the Recipient. f. 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" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be considered through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. g. If the project is on a primary highway extension, subject to the provisions hereof, the Recipient in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions, except for any roadway design objects that do not violate clear zone, in the existing primary highway right of way. The Recipient will also prevent the erection and/or placement of any structure or obstruction, except for any roadway design objects that do not violate clear zone, on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. h. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the Department. i. If the project involves improvements to a primary highway extension, the future maintenance of the proposed improvements shall be in accordance with 761 Iowa Administrative Code, Chapter 150. j. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without prior written approval of the Department. 7. Payments and Reimbursements a. The Recipient shall be responsible for making initial payments for all non-construction project costs incurred in the development and construction of the project. After payments have been made, the Recipient may submit to the Department periodic itemized claims for reimbursement for eligible project activities. Reimbursement claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa that all eligible project activities for which reimbursement is requested have been 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 non- construction project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. If upon final audit, the Department determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the Department. 8. General Provisions a. The Recipient shall maintain records, documents, and other evidence in support of the work performed under the terms of this agreement. All accounting practices applied and all records maintained will be in accordance with generally accepted accounting principles and procedures. Documentation shall be made available for inspection and audit by authorized representatives of the Department and/or the Federal Highway Administration (FHWA), or their designees at all reasonable times during the period of the contract and for 3 years after the date of final payment. The Recipient shall provide copies of said records and documents to the Department upon request. The Recipient shall also require its contractors to permit authorized representatives of the Department and/or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. b. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216. If the Recipient has received Federal funds for this project, the Recipient shall also comply with Disadvantaged Business Enterprise (DBE) regulations, as set forth in Title 49 of the Code of Federal Regulations, Part 26. Compliance with the Federal DBE regulations shall be deemed by the Department as compliance with the comparable State laws and regulations. In all cases, no person shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination on the grounds of age, race, creed, sex, color, national origin, religion, or disability, under any program or activity for which the Recipient receives State or Federal funds from the Department. 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. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. e. This agreement is not assignable without the prior written consent of the Department. f. It is the intent of both parties that no third party beneficiaries be created by this agreement. g. 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 ten (10) days notice to the other party of their intent to seek arbitration. The written notice must include a precise statement of the disputed question. 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 for arbitration. h. This agreement shall be executed and delivered in two or more copies, each of which so executed and delivered shall be deemed to be an original and shall constitute but one and the same instrument. i. This agreement, as set forth in the paragraphs above and the referenced exhibits, constitutes 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 must be made in the form of an addendum to this agreement. Said addendum shall become effective only upon written approval of the Department and Recipient. In witness whereof, each of the parties hereto has executed this agreement as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date (Its-lct (y / , 2007 . Titl tJ)-e.., rho YrN( I, / NQ,ay ECeP f , certify that I am the Clerk of the City, and that //7-) bAtr , 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 h - day of is L'rc.ca pry 2007 Si fj g ned � � Date .Uri-tar\t( / } , 2007 City Clerk of Wate , Iowa Iowa Department of Transportation: By: Date , 20 Victoria Dumdei, P.E. District 2 Engineer EXHIBIT A General Agreement Provisions for Federal Highway Funds As a condition of receiving Federal Highway funds, the Recipient shall comply with the following additional provisions: 1. 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. Upon receipt, the Department will forward this 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. 2. The Recipient shall be responsible for including the project in the appropriate Regional P anning Affiliation (RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP I. 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. 3. 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. 4. The Office of Management and Budget (OMB) Circular A-133 requires the Recipient to report the Catalog of Federal Domestic Assistance (CFDA) number and title on all Federally funded projects. The Recipient shall use CFDA#20.205 and title, "Highway Planning and Construction" for this project. The Recipient shall report this information in the Schedule of Expenditures of Federal Awards that is required by OMB Circular A-133. 5. Certain utility relocation, alteration, adjustment, or removal costs 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. If the Recipient desires Federal reimbursement of these costs, in accordance with procedures prescribed by the Department, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work. 6. 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. 7. 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 Index No. 1 of the Project Development Information Packet. 8. 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. 9. 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. 10. 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). 11. 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. 12. If the Recipient is responsible for acquisition of the project right-of-way, it 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. 13. 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 sum or sums of Federal funds in the right-of-way to the Department. 14. If Federal funding is requested for force account construction, the Recipient will follow the procedure outlined by the Department. 15. The non-Federal share of the project costs may include cash or non-cash contributions to the project. If the Recipient desires to use a non-cash contribution as credit toward the non-Federal share, the Recipient shall submit a request to the Department for review. The Department will have sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. 16. 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: 1) refund to the assessed property owners the excess special assessments collected (includ ng 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.