HomeMy WebLinkAboutIDOT_Highway_Safety_Improvement_Program_Grant_-_10.5.26July 2024
IOWA DEPARTMENT OF TRANSPORTATION
Agreement for Highway Safety Improvement Program - Local Federal-aid Swap Project
Recipient: City of Waterloo
Project No.: HSIP-SWAP-8155(795)--SJ-07
Iowa DOT Agreement No.: 2-26-HSIP-SWAP-036
This is an agreement between the city of Waterloo, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department) for Highway Safety Improvement
Program (HSIP) - Local, Federal-aid Swap funds. Iowa Code Section 306A.7 provides for the Recipient and the
Department to enter into agreements with each other for the purpose of financing transportation improvement
projects on streets and highways in Iowa.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide HSIP Federal-aid Swap funding to the Recipient for the authorized and approved costs for eligible items
associated for this project.
Under this agreement, the parties further agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this
agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Department's contact persons will be the Local Systems Project Development Engineer, Jenifer Bates
and the Local Systems Eastern Region Field Engineer, Dillon Feldmann. The Recipient's contact person
shall be the City Traffic Engineer.
3. The Recipient shall be responsible for the development and completion of the following described HSIP
project:
Construction of grooved-in thermoplastic stop line pavement markings (24-in.) and grooved-in
thermoplastic transverse crosswalk pavement markings (6-in.) at 36 intersections shown in Exhibit B.
4. Eligible project activities will be limited to the following: Construction of grooved-in thermoplastic stop line
pavement markings (24-in.) and grooved-in thermoplastic transverse crosswalk pavement markings (6-
in.). .
5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities
from HSIP Federal-aid Swap funds. The portion of the project costs reimbursed by HSIP Federal-aid
Swap funds shall be limited to $220,000. The Recipient shall be responsible for all ineligible costs and all
eligible costs in excess of this limit.
6. The Recipient shall pay for all project costs not reimbursed with HSIP Federal-aid Swap funds.
7. The Recipient shall let the project for bids through the Department.
8. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
9. It is the intent of both parties that no third-party beneficiaries be created by this agreement.
10. The project shall be let to contract before October 1, 2028. If not, this agreement may become null and
void. This deadline may be extended for a period of 12 months upon receipt of a written request from the
Recipient at least 30 days prior to the deadline.
11. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and
the Recipient concerning this project. Representations made before the signing of this agreement are not
binding, and neither party has relied upon conflicting representations in entering into this agreement. Any
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change or alteration to the terms of this agreement shall be made in the form of an addendum to this
agreement. The addendum shall become effective only upon written acceptance of the Department and
the Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite
its signature below.
City: Waterloo
By_______________________________ Date _____________________________, 20______
_________________________
Title of City Official
I,________________________________, certify that I am the City Clerk of Waterloo, and
that______________________________, 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
_______ day of _____________________________, 20______.
Signed_____________________________ Date _____________________________, 20______
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
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26October 5th
Mayor
Kelley Felchle
26
David Boesen
October5th
October 5th 26
July 2024
Exhibit 1
General Agreement Provisions for use of Federal-aid Swap Funds on Non-primary Projects
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Unless otherwise specified in this agreement, the Recipient shall be responsible for the following:
1. General Requirements
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws
and regulations. To assist the Recipient, the Department has provided guidance in the
Instructional Memorandums to Local Public Agencies (I.M.s), available on-line at:
https://iowadot.gov/local_systems/publications/im/lpa_ims. The Recipient shall follow the applicable
procedures and guidelines contained in the I.M.s in effect at the time project activities are conducted.
b. In accordance with Iowa Code Chapter 216 and associated subsequent nondiscrimination laws
and regulations, the Recipient shall not discriminate against any person on the basis of race,
color, creed, age, sex, sexual orientation, national origin, religion, pregnancy, or disability.
c. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act
of 1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), the associated Code
of Federal Regulations (CFR) that implement these laws, and the guidance provided in I.M.
1.080, ADA Requirements. When pedestrian facilities are constructed, reconstructed, or altered,
the Recipient shall make such facilities compliant with the ADA and Section 504.
d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or
liability arising out of the design, construction, maintenance, placement of traffic control devices,
inspection, or use of this project. This agreement to indemnify, defend, and hold harmless applies
to all aspects of the Department's application review and acceptance process, plan and
construction reviews, and funding participation.
e. Termination of funds. Notwithstanding anything in this agreement to the contrary, and subject to
the limitations set forth below, the Department shall have the right to terminate this agreement
without penalty and without any advance notice as a result of any of the following: 1) The Federal
government, legislature or governor fail in the sole opinion of the Department to appropriate funds
sufficient to allow the Department to either meet its obligations under this agreement or to operate
as required and to fulfill its obligations under this agreement; or 2) If funds are de-appropriated,
reduced, not allocated, or receipt of funds is delayed, or if any funds or revenues needed by the
Department to make any payment hereunder are insufficient or unavailable for any other reason
as determined by the Department in its sole discretion; or 3) If the Department’s authorization to
conduct its business or engage in activities or operations related to the subject matter of this
agreement is withdrawn or materially altered or modified. The Department shall provide the
Recipient with written notice of termination pursuant to this section.
2. Programming
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the
Department, includes the project in the Statewide Transportation Improvement Program (STIP). If the
project is not included in the appropriate fiscal year of the STIP, funds cannot be obligated.
b. Before beginning any work for which funding reimbursement will be requested, the Recipient shall submit
a written request for acceptance to the Department. The Department will notify the Recipient when
acceptance is granted. The cost of work performed prior to acceptance will not be reimbursed. The
turning in of plans for letting by the Department’s administering bureau shall be considered acceptance
for construction. The Department will notify the Recipient when acceptance is granted.
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3. Design
a. The Recipient shall be responsible for the design of the project, including all necessary plans,
specifications, and estimates (PS&E). The project shall be designed in accordance with the design
guidelines provided or referenced by the Department in the Guide and applicable I.M.s.
4. Environmental Requirements and other Agreements or Permits
a. The Recipient shall obtain project permits and approvals, when necessary, from the Iowa Department of
Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa 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 applicable procedures in the Instructional Memorandums to
Local Public Agencies Table of Contents, Chapter 4 – Environmental Regulations.
5. Right-of-Way, Railroads, and Utilities
a. The Recipient shall acquire the project right-of-way, whether by lease, easement, or fee title, and shall
provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M.
3.600, Right-of-Way Acquisition, and the Department's Right of Way Bureau Local Public Agency Manual.
The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the
required procedures.
b. If a railroad crossing or railroad tracks are within or adjacent to the project limits, the Recipient shall
obtain agreements, easements, or permits as needed from the railroad. The Recipient shall follow the
procedures in I.M. 3.670, Work on Railroad Right-of-Way.
c. The Recipient shall obtain agreements from utility companies as needed. The Recipient shall comply with
the Department’s Policy for Accommodating Utilities on the County and City Non-Primary Federal-aid
Road System for projects on non-primary Federal-aid highways. For projects connecting to or involving
some work inside the right-of-way for a primary highway, the Recipient shall follow the Department’s
Policy for Accommodating and Adjustment of Utilities on Primary Road System. The Recipient should
also use the procedures outlined in I.M. 3.640, Utility Accommodation and Coordination, as a guide to
coordinating with utilities.
6. 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 or architect, as applicable, licensed in the State of Iowa.
b. The Recipient shall be responsible for the following:
i. Prepare and submit the PS&E and other contract documents to the Department for review and
acceptance in accordance with 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, execute the contract documents in Doc Express.
Note: The Department may not be able to allow a project to be let in the scheduled letting due to possible
issues with cash flow availability.
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c. 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 will
not be turned in for bid letting until the Department has reviewed and accepted the Project Development
Certification.
d. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa Code
section 26.12.
e. The Recipient shall not provide the contractor with notice to proceed until after receiving written notice
that the Department has concurred in the contract execution.
7. Construction
a. The Recipient shall follow the procedures in I.M. 6.000, Construction Inspection, and the Department’s
Construction Manual, as applicable, for conducting construction inspection activities. The Recipient’s
engineer shall at all times be responsible for inspection of the project.
b. A full-time employee of the Recipient shall serve as the person in responsible charge of the project. For
cities that do not have any full-time employees, the mayor or city clerk will serve as the person in
responsible charge, with assistance from the Department.
c. Traffic control devices, signing, or pavement markings installed within the limits of this project shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" per 761 IAC
Chapter 130. 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 needed.
d. The project shall be constructed under the Department's Standard Specifications for Highway and Bridge
Construction and the Recipient shall comply with the procedures and responsibilities for materials testing
according to the Department's Materials I.M.s. Available on-line at:
https://www.iowadot.gov/erl/index.html.
e. If the Department provides any materials testing services to the Recipient, the Department will bill the
Recipient for such testing services according to its normal policy as per Materials I.M. 103, Inspection
Services Provided to Counties, Cities, and Other State Agencies.
8. Reimbursements
a. The Recipient will initially be responsible for all project costs. After costs have been incurred, the
Recipient shall submit to the Department periodic itemized claims for reimbursement for eligible project
costs. Requests for reimbursement shall be made at least semi-annually but not more than bi-weekly. The
RECIPIENT shall follow I.M. 6.020 Payment and Reimbursement Processes for requesting
reimbursement.
b. To ensure proper accounting of costs, reimbursement requests for costs incurred prior to June 30 shall be
submitted to the Department by August 1, if possible, but no later than August 15.
c. Reimbursement claims shall include a certification that all eligible project costs, for which reimbursement
is requested, have been reviewed by an official or governing board of the Recipient, are reasonable and
proper, have been paid in full, and were completed in substantial compliance with the terms of this
agreement.
d. The Department will reimburse the Recipient for properly documented and certified claims for eligible
project costs. The Department may withhold up to 5% of the total funds available for the project.
Reimbursement will be made either by State warrant or by crediting other accounts from which payment
was initially made. If, upon final review or audit selected by the Administering Bureau, the Department
determines the Recipient has been overpaid, the Recipient shall reimburse the overpaid amount to the
Department. After the final review is complete and after the Recipient has provided all required
paperwork, the Department will release the funds withheld.
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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 funds received; for example, Federal funds not received through FHWA,
any special assessments made by the Recipient (exclusive of any associated interest or penalties)
pursuant to Iowa Code Chapter 384 (cities) or Chapter 311 (counties), proceeds from the sale of excess
right-of-way, and any other revenues generated by the project. The total project costs shall include all
costs that can be directly attributed to the project. In the event that the total funds collected by the
Recipient do exceed the total project costs, the Recipient shall either:
i. In the case of special assessments, refund to the assessed property owners the excess special
assessments collected (including interest and penalties associated with the amount of the excess), or
ii. Refund to the Department all funds collected in excess of the total project costs (including interest
and penalties associated with the amount of the excess) within 60 days of the receipt of any excess
funds.
9. Project Close-out
a. Acceptance of the completed construction shall be with the concurrence of the Department. Within 30
days of completion of construction or other activities authorized by this agreement, the Recipient shall
provide written notification to the Department. The Recipient shall follow and request a final review, in
accordance with the procedures in I.M. 6.110, Final Review, Audit, and Close-out Procedures for Federal-
aid, Federal-aid Swap, and Farm-to-Market Projects. Failure to comply with the procedures may result in
loss of funds and the ability to let future projects through the Department; reimbursed funds shall be
returned, and a possible suspension may be placed on the Recipient from receiving funds from the
Department on future projects until the Recipient has demonstrated responsible management of funds on
roadway projects.
b. For 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 funds shall be made only after the Department accepts the project as complete.
d. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other
evidence pertaining to costs incurred for the project. The Recipient shall also make this documentation
available at all reasonable times for review by the Department. Copies of this documentation shall be
furnished by the Recipient if requested. Such documentation shall be retained for at least 3 years from
the date of the Department’s signature of the Department’s Final Payment Form (Form 830436).
e. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner
acceptable to the Department.
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June 2025
Exhibit 2
Locations
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September 9, 2026
HSIP-Local Award Letter – City of Waterloo
Pg 2 of 2
Exhibit A – Project Locations
City of Waterloo FY27 HSIP-Local Project
Intersection List
Intersection
Road 1 Road 2
1 US 63/Logan Ave. E Airline Hwy.
2 US 63/Logan Ave. Heath St.
3 US 63/Logan Ave. Donald St.
4 US 63/Logan Ave. Dale St.
5 US 63/Logan Ave. Esther St.
6 US 63/Logan Ave. RR near Hanover St.
7 US 63/Logan Ave. Parker St.
8 US 63/Mullan Ave. Conger St/Newell St.
9 US 63/Mullan Ave. Dane St.
10 US 63/Mullan Ave. Almond St.
11 US 63/1st St. (NB) Franklin St.
12 US 63/Mullan Ave. (SB) Franklin St.
13 US 63/1st St. (NB) Mulberry St.
14 US 63/Mullan Ave. (SB) Mulberry St.
15 US 63/1st St. (NB) Lafayette St.
16 US 63/Mullan Ave. (SB) Lafayette St.
17 US 63/1st St. (NB) Sycamore St.
18 US 63/Mullan Ave. (SB) Sycamore St.
19 US 63/1st St. (NB) Commercial St.
20 US 63/Mullan Ave. (SB) Commercial St.
21 US 63/1st St. (NB) Jefferson St.
22 US 63/Mullan Ave. (SB) Jefferson St.
23 US 63 US 218 (MixMaster)
24 US 218 (NB) Hwy 63/1st St (NB) Ramp
25 Washington St. (SB) Park Ave.
26 Washington St. (SB) 4th St.
27 Washington St. (SB) 5th St.
28 Washington St. (SB) 6th St.
29 US 218 (NB) 9th St.
30 US 218 (SB) 9th St.
31 US 218 (NB) 11th St.
32 US 218 (SB) 11th St.
33 US 218 (NB) Williston Ave.
34 US 218 (SB) Williston Ave.
35 US 218 Hawthorne St.
36 US 218 Mitchell Ave.
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