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HomeMy WebLinkAboutIDOT AGREEMENT Iowa Department of Transportation Agreement for a State Recreational Trails Project RECIPIENT: City of Waterloo PROJECT NUMBER: RT-8155(731)--9H-07 IOWA DOT AGREEMENT NUMBER: 2013-RT-007 This is an agreement between the City of Waterloo (hereinafter referred to as Recipient) and the Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient submitted an application to the DOT for funding through the State Recreational Trails (RT) fund under Iowa Code Chapter 465B (2011), and the application was approved by Transportation Commission Order No. PPM-2013-18 on October 9, 2012, hereinafter referred to as the effective date. Pursuant to the terms of this agreement, and applicable statutes and administrative rules the DOT agrees to provide funding to the Recipient for the authorized and approved costs for eligible items associated with the development of the Shaulis Road Trail Extension-Phase I. In consideration of the foregoing and the mutual promises contained in this agreement,the parties agree as follows: 1. The Recipient shall be the lead organization for carrying out the provisions of this agreement. 2. All notices required under this agreement shall be made in writing to the DOT's and/or he Recipient's contact person. The DOT's contact person shall be Yvonne Diller, Office of Systems Planning, 800 Lincoln Way, Ames, Iowa 50010, telephone 515-239-1252, email: yvonne.diller@dot.iowa.gov. The Recipient's contact person shall be Jeff Bales, Associate Engineer, City of Waterloo, 715 Mulberry Street,Waterloo, Iowa 50703, telephone 319-291-4312, email:jeff.bales@waterloo-ia.org. 3. The Recipient shall be responsible for the development and completion of the following described project: Shaulis Road Trail Extension-Phase I 4. Eligible project costs for the project described in Section 3 of this agreement, listed above, which are incurred after the effective date of this agreement shall be paid as follows: RT Funds (Grant): $ 755,694 Local Contribution: $ 251,898 Project Total: $1,007,592 5. The local contribution stated above may include cash or non service in-kind contributions. The Recipient shall certify to the DOT the value of any non-cash contribution to the project prior to it being incurred. For right of way contributions, the recipient shall submit an appraisal from a qualified independent appraiser. The DOT reserves the right to review the Recipient's certificate of value and has sole authority to determine the value of the Recipient's non-cash contribution for the purposes of this agreement. If, as a result of the DOT's determination, the Recipient's total cash and non- cash contribution is below that stated in the terms of this agreement, the Recipient shall increase its cash contribution in order to complete the Recipient's local contribution, or the grant and/or loan amount associated with this project shall be reduced accordingly. 6. The portion of total project costs paid by grant shall not exceed the amount stated above $755,694 or 75 percent of the total cost of the eligible items, whichever is the smaller amount. Any cost overruns shall be paid solely by the applicant. 7. Project activities or costs eligible for funding include only those items set out in Exhibit A which is attached hereto and by this reference incorporated into this agreement, and which are necessary to complete the project as described in Section 3. 8. Activities or costs ineligible for funding include but are not limited to those items set out in Exhibit B which is attached hereto and by this reference incorporated into this agreement. 9. Notwithstanding any other provisions of this contract, if funds anticipated for the continued fulfillment of this contract are at any time not forthcoming or insufficient, either through the failure of the State of Iowa to appropriate funds or discontinuance or material alteration of the program for which funds were provided,the DOT shall have the right to terminate this contract without penalty by giving not less than ninety(90) days written notice. 10. The DOT reserves the right to delay reimbursement of funds to the Recipient if necessary to maintain a positive cash flow. If such a delay is necessary and lasts more than five working days, the DOT shall so notify the Recipient in writing and shall give the Recipient an estimate of when reimbursement might be expected. The DOT shall establish a system to equitably make reimbursements to all Recipients so affected. • 11. The Recipient shall submit to the DOT, no later than 30 days subsequent to the Recipient's signature date on this agreement, a timetable outlining the project schedule. Failure to do so by the Recipient may be considered a default under this agreement. 12. The Recipient must have let the contract or construction started within three years of the date this project is approved by DOT. If the Recipient does not do this, they will be in default for which the DOT can revoke funding commitments. This agreement may be extended for periods up to six months upon receipt of a written request from the Recipient at least sixty(60) days prior to the deadline. 13. If any part of this agreement is found to be void and unenforceable,the remaining provisions of this agreement shall remain in effect. 14. It is the intent of both parties that no third party beneficiaries be created by this agreement. 15. 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. 16. This agreement is not assignable without the prior written consent of the DOT. 17. If the project described in Section 3 of this agreement crosses a DOT primary road, then: A. The Recipient shall convey title to the State of Iowa,by quitclaim deed, to any right of way necessary for the primary road crossing, all at no cost to the DOT. However,the DOT shall prepare detailed legal descriptions and plats. The general configuration of the right of way to be conveyed shall be agreed to by the Recipient and the DOT prior to the survey. B. The Recipient shall submit six copies of plans for all primary road system crossings to the DOT contact person for review and approval by the District Offices for necessary permits, Offices of Road Design and Maintenance with regard to crossing design and location, signing, fencing, safety, maintenance, compliance with access control policy, etc. Said approval shall be obtained before the Recipient proceeds with the construction of any primary road system crossing. C. The use of primary highway right of way for this projects'purpose shall be subject to any rights enjoyed by any existing utility lines presently within the right of way. If excavation of a utility line over which this project has been placed is necessary for any reason, the utility shall be responsible for proper backfilling of said excavation to ground level. The Recipient shall be responsible for any necessary resurfacing or restoration. D. The use of primary highway right of way for this project's purposes shall be subject to any future plans for reconstruction, improvement,maintenance, and/or relocation of the highway by the DOT. Any relocation of this project necessary because of said plans shall be at the expense of the Recipient, all at no cost to the DOT. 18. 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 DOT's Right of Way manual. The Recipient shall contact the DOT for assistance, as necessary,to ensure compliance with the required procedures, even if no federal funds in the right of way purchase are involved. The Recipient will need to get environmental concurrence before acquiring any needed right of way. With prior approval, hardship and protective buying is possible. If the Recipient requests Federal-aid participation for right of way acquisition, the Recipient will need to get environmental concurrence and Federal Highway Administration (FHWA) authorization before purchasing any needed right of way. 19. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal-aid Highways Right of Way and the Policy for Accommodating Utilities on Primary Road system when on the DOT's right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project may be eligible for Federal-aid reimbursement in accordance with the FHWA rules applicable to the type of utility involved and Iowa Code Chapter 306A. 20. The Recipient shall be responsible for obtaining any permits, 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, and/or other construction permits required for the project prior to the start of construction. In addition,the Recipient shall certify to the DOT's contact person that all known required environmental permits have been received and that all environmental regulations have been complied with before funds are reimbursed or credited. Neither the approval of the project application for funding nor the signing of this agreement shall be construed as approval of any required permit from DOT. 21. 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 Iowa Administrative Code Chapter(IAC) 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. 22. In the event that right of way is required for the project, said right of way will be acquired in accordance with 761 IAC Chapter 111, Real Property Acquisition and Relocation Assistance, and the Federal Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended. 23. The project plans, specifications and cost estimate shall be prepared and certified by a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other agreement documents to the DOT for review. This submittal may be in divisions and in the order of preference as determined by the Recipient. However, the plans, specifications and other agreement documents for each division must be submitted at least thirty(30) days prior to the project letting of each division. The DOT shall review said submittal(s)recognizing the Recipient's development schedule and shall, after satisfactory review, authorize in writing the Recipient to proceed with implementation of the project. The work on this project shall be in accordance with the survey, plans, and specifications on file. Any modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. 24. The recipient shall be responsible for the daily inspection of the project. For projects let to contract, the Recipient shall compile a daily log of materials and quantities. For projects constructed with local forces, the Recipient shall compile a daily log of materials, equipment and labor on the project. The DOT reserves the right to inspect project activities and to audit claims for funding reimbursement. The purpose of the inspection or audit is to determine substantial compliance with the terms of this agreement. 25. 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 such materials available at all reasonable times during the construction period and for three years from the date of final reimbursement, for inspection by the DOT, FHWA, or any authorized representatives of the Federal government. Copies of said materials shall be furnished by the Recipient if requested. 26. The Recipient may submit to the DOT 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 completed in substantial compliance with the terms of this agreement. 27. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs less a retainage of not more than ten percent, either by state warrant, or by crediting other accounts from which payment may have been made initially. If,upon audits of contracts, the DOT determines the Recipient is overpaid, the Recipient shall reimburse the overpaid amount to the DOT. 28. Upon completion of the project described in this agreement, a professional engineer, architect and or landscape architect(whichever applies), licensed to practice in the State of Iowa, shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. In addition,prior to final reimbursement for the project the Recipient shall furnish three sets of"as-built" plans of the project to the DOT. Final reimbursement of funds, including retainage, shall be made only after the DOT accepts the project as complete. 29. If, in the opinion of the Recipient,the specific provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, prove to be burdensome to the Recipient or otherwise not in the public interest, and if the Recipient decides that the provisions of this agreement can be otherwise complied with without endangering public safety, the Recipient may request that said provisions be waived on all or specific parts of the project identified by the Recipient. Such request shall be made in writing to the DOT's contact person who shall, after consultation with other DOT staff, as necessary, make the final determination concerning said waiver. If said waiver is granted, all provisions of this agreement requiring the services of a professional engineer, architect and or landscape architect (whichever applies), licensed to practice in the State of Iowa, shall be performed by the Recipient's contact person or designee. 30. To the extent permitted by law,the Recipient agrees to indemnify, defend and hold the DOT 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 DOT's application review and approval process, plan and construction reviews and funding participation. 31. This agreement may be declared to be in default by the DOT if the DOT determines that the Recipient's application for funding contained inaccuracies, omissions, errors or misrepresentations; or if the DOT determines that the project is not developed as described in the application. 32. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right, after first giving thirty (30) days written notice to the Recipient by certified mail return receipt requested,to declare any part or all of this agreement in default. The Recipient shall have thirty (30) days from date of mailing of the notice to cure the default. If the Recipient cures the default,the Recipient shall notify DOT no later than five (5) days after cure or before the end of said thirty(30) day period given to cure the default. Within ten (10) working days of receipt of Recipient's notice of cure,the DOT shall issue either a notice of acceptance of cure or a notice of continued default. 33. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of funds loaned or granted by this agreement. By signing this agreement the Recipient agrees to repay said funding if they are found to be in default. Repayment methods must be approved by the DOT Commission and may include cash repayment, installment repayments with negotiable interest rates,charges against the Recipient's share of road use tax funds, or other methods as approved by the Commission. 34. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to arbitration pursuant to Iowa Code Chapter 679A (2011). 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. DOT 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 section for arbitration. 35. The Recipient shall maintain, or cause to be maintained for the intended public use, the improvement for twenty (20) years from the completion date in a manner acceptable to the DOT. Failure to comply with this provision may be considered a default of this agreement. 36. 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 (2011). No person shall, on the grounds of age, race, creed, sex, color, national origin,religion, or disability, be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 37. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit C which is attached hereto and by this reference incorporated into this agreement. 38. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three bidders and hold a public letting for the project work. Prior to awarding the contract, the Recipient shall provide the DOT file copies of project letting documents within five(5) working days after the letting. The Recipient must wait for DOT concurrence before making the final award. 39. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 40. This agreement as set forth in sections 1 through 40 herein, including referenced exhibits, constitutes the entire agreement between the DOT 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 DOT and Recipient. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number 2013-RT-007 as of the date shown opposite its signature below. RECIP : City of Wat o By: Date: -� ,-284-2, aOt3 Title: Er n s f. C o r el , certify that I am lac , and that Er OVA-D - G. C , who signed said Agreement for and on behalf of C a was duly authorized to exe ute the same by virtue of a formal esolution duly passed and adopted by ('. �� t c,, , on the I8`s" day of INS c , 20 i 3 . Signed:S Date: 1 o , 201/3 Address: —2 15 f��n�sr� , .--cp, : IOWA DEPARTMENT OF TRANSPORTATION Planning, Programming and Modal Division 800 Lincoln Way, Ames, Iowa 50010 By: Date: , 2012 Craig Markley Director Office of Systems Planning Exhibit A Project activities or costs eligible for RT funding include only the following: a. Land acquisition costs including,but not limited to, appraisal costs, negotiation costs and the required cultural resources survey pursuant to Iowa Code Chapter 305A are eligible project costs. Land may be acquired by lease,easement or fee simple. Except for primary road projects, the performance of land negotiation and acquisition activities shall not be the responsibility of the DOT although the DOT may provide advisory services. b. Trail surfacing, resurfacing,rehabilitation,modernization, upgrading and reconstruction, including pavement repairs and overlays and shoulder widening and stabilization; or initial trail construction including grading, drainage,paving and erosion control. c. Bridge and culvert repair, modernization, replacement or initial construction. d. Roadway intersection and interchange improvements, including warranted traffic signalization that is an integral part of this project. e. Construction or improvement of rest areas, information centers, waysides,permanent interpretive displays, lighting and rest rooms, including the costs of utility connections that are an integral part of the project. f. Design engineering and construction inspection costs directly associated with the project. g. Storm drainage and storm sewer costs to the extent needed for draining the trail. h. Utility relocation costs necessary for trail construction or improvement if the utility is not located on public right of way. i. Trail signs, fencing, landscaping,parking areas and walkways. Exhibit B Activities or costs ineligible for RT funding include but are not limited to the following: a. Any and all costs incurred prior to Transportation Commission approval of funding for a project are ineligible for funding under the recreational trails program, except: (1) If there is an extreme urgency involving land acquisition, a potential applicant may formally request from the DOT a written waiver which, if granted, shall permit the applicant to acquire the land immediately without jeopardizing the project's eligibility for funding approval. Granting of the waiver shall not imply or guarantee that a subsequent application which includes the acquisition costs shall be funded. The request for the advance eligibility waiver must include justification regarding the urgency of the acquisition, a description of the land to be acquired and a county map showing its location. The advance eligibility waiver must be requested and approved prior to the applicant's acquisition of the land in question. (2) If the Transportation Commission specifically grants an exception to its rules to allow a project or reimbursement of project expenses which would otherwise be ineligible. b. Routine maintenance of a trail,bridge, culvert, fence or sign; winter maintenance of a trail or bridge, including snow plowing, sanding and salting. c. Overhead and operating costs associated with a project, such as auditing, legal and administrative costs. d. Expenses associated with the preparation and submission of a project application. e. Pre-design engineering and planning expenses. f. Utility costs other than those listed in Exhibit A, Section H. g. Pavement markings, traffic signs, safety appurtenances or lighting except as an integral part of a trail project. h. Purchases of office furnishings or equipment, construction equipment or personal property. i. Sanitary sewers or water mains except as necessary for rest room construction. j. General government expenses and expenses associated with the provision of any public service that are not otherwise eligible for project funding.