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HomeMy WebLinkAboutIowa Department of Transportation-4/26/2010 (3)IOWA DEPARTMENT OF TRANSPORTATION Agreement for a Primary Highway Improvement Project Recipient: Waterloo, Iowa County: Black Hawk Project Number: NHSX-63-6(71)--3H-07 Agreement Number: 2008-16-190 Staff Action Number: 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 for this project under Division H, Title I, Section 117 of the Consolidated Appropriation Act, 2005, Public Law 108-447, which are hereinafter referred to 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 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 TI funds; and The Recipient has received Federal funding through the Transportation and Community System Preservation Program (TCSP) Program, which was reestablished by Section 1117 of the Safe, Accountable, Flexible, Efficient Transportation Efficiency Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, which are hereinafter referred to as TCSP funds; and. Whereas, the project described below is part of a 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 may have already been obligated for activities associated with other parts of the U.S. 63 improvements. Federal funds not already obligated for other activities associated with the U.S. 63 improvements will be available for the project described below. 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. Page 1 of 8 c. The Recipient shall be responsible for the development and completion of the following described primary highway improvement project: Reconstruction and realignment of U.S. 63 from Newell Street north to Donald Street in the city of Waterloo. d. The Recipient and the Department previously entered into the following agreements for the above referenced project: 02-07-HPPU-017; 2008-16-181; 2010-1-039. All previously executed agreements shall remain in effect. 2. Funding Sources a. 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, and right-of- way costs. b. The Recipient may receive reimbursement for costs of authorized and approved eligible project activities from Section 117 funds $2,459,820 (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. c. 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. d. 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. e. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from TCSP funds (L680). The portion of the project costs reimbursed with TCSP funds shall be limited to a maximum of either 80 percent of eligible costs (other than those reimbursed with other Federal funds) or $316,589, or the remaining amount of TCSP funds available for the U.S. 63 improvements, whichever is less. f. 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. 9. The Department will contribute $920,000 for right of way and $3,800,000 for construction. The right of way funds shall be used as the 20% match needed for the Federal aid sources introduced above. These funds are programmed in 2009 ($100,000) and 2010 ($820,000). The construction funds shall be used as the 20% match needed for the Federal aid sources introduced above and are programmed in 2011, Construction funds in excess of those needed as Federal matching funds may be used for other eligible construction activities. Department funds may only be applied to costs as permitted by the Code of Iowa. Page 2 of 8 h. The Recipient shall be responsible for all other project costs which are not reimbursed with or paid for by the funds specified above. 3. Project Design a. The Recipient shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using good engineering judgment 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 lowa 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. 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. 4. 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 Instructional Memorandum to Local Public Agencies 3.005, Project Development Submittal Dates and Information, 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 26.12. 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. 5. Construction and Maintenance a. The Department shall be responsible for Contract Administration, daily inspection of the project, and construction survey; all at no cost to the Recipient. b. The work on this project shall be in accordance with the approved plans and specifications. c. Primary highway through -traffic may be detoured onto streets or highways under the jurisdiction of the Recipient during construction of the project. If necessary, 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. Page 3 of 8 d. 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 assured through the use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and warning lights as necessary. e. 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 in the existing primary highway right of way. The Recipient will also prevent the erection and/or placement of any structure or obstruction 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. f. With the exception of service connections no new or future utility occupancy of project right-of-way, nor any future relocations of or alterations to existing utilities within said right-of-way (except service connections), will be permitted or undertaken by the Recipient without the prior written approval of the Department. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the Department. 9. Future maintenance of the proposed improvements shall be in accordance with 761 Iowa Administrative Code, Chapter 150. h. Upon completion of the project, no changes in the physical features thereof will be undertaken or permitted without prior written approval of the Department. 6. Payments and Reimbursements a. As Contract Administrator, the Department will make payments for project costs from the Primary Road Fund for contractor invoices based on work completed via the Department's Field Manager voucher system. The Department will invoice the Recipient on a monthly basis for its share of project costs. Reimbursement will be provided to the Department either by a warrant or voucher from the Recipient, or by crediting the Primary Road Fund from the funding sources provided to the Recipient by this agreement. b. The Department will manage the funding sources to maximize Federal participation in project costs that are eligible for Federal funding. The Department will identify funding priorities in consultation with the Recipient after the final design is complete and division costs can be accurately estimated. 7. General Provisions a. Both Recipient and Department shall maintain records, documents, and other evidence in support of their work as pertaining to this project and 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. 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. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment / modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the Department will notify the Recipient of the record retention date. b. In accordance with lowa Code Chapter 216, the Recipient shall not discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The Recipient agrees to indemnify, defend and hold harmless the Department and all of their officers, agents and employees from any action or liability arising out of the Recipient's activities in connection with the prosecution and completion of work covered by this Agreement. Page 4 of 8 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. Title: I, V $ , certify that I am the Clerk of the City, and that vLQ (1. (ti t_ _ whb 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, Date _� ` lk' , 20 (i; . on the qday of Signe City Cler'* of aterloo, Iowa Iowa Department of Transportation: By: Victoria Dumdei District 2 Engineer ,20 (6 . Date ;2-u ,20 . Date , 20 Page 5 of 8 April 2008 EXHIBIT A General Agreement Provisions for use of Federal Highway Funds on Primary Highways 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. After reviewing the Recipient's request, 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 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. 3. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at: http://www.iowadot.gov/local_systems/ publications/im/Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in the Guide and I.M.s in effect at the time project activities are conducted. 4. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws, regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of race, color, national origin, sex, age, or disability. 5. 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), and the associated Federal regulations that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi -use trails, curb ramps, and the street surface in the pedestrian crossing area: Alterations are changes to the structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d), including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to include curb ramps in accordance with I.M. 1.080, ADA Requirements. 6. 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" shall 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 Page 6 of 8 April 2008 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. 7. 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, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations. 8. If Federal funding is requested for in-house services, the Recipient shall follow the procedure outlined in I.M. 3.310, Federal -aid Participation in In -House Services. 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 2 CFR 225. Before incurring costs for in-house 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. 9. 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 I.M. 3.305, Federal -aid Participation in Consultant Costs. 10. 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. 11. 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. 12. 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). 13. 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. 14. 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 I.M. 3.605, Right -of - Way Acquisition, and 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. 15. 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. Page 7 of 8 April 2008 16. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the procedures outlined in I.M. 3.810, Federal -aid Construction by Local Agency Forces. 17. 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 Recipients non-cash contribution for the purposes of this agreement. 18. 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 alf 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 (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. Page 8 of 8