HomeMy WebLinkAboutIowa Department of Transportation-7/20/2015November 2014
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING
(Studies and Public Safety initiatives)
County Black Hawk
Recipient Waterloo
Project No. CSTSF-8155(746)--85-07
Iowa DOT
Agreement No. 2016 -TS -033
This agreement is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the City of Waterloo, Iowa, hereinafter designated the "Recipient°. The
Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement
Program under Iowa Code Section 312.2(11), and the application was approved by Transportation
Commission Order No. H-2015-30 on, January 13, 2015.
Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT
agrees to provide funding to the Recipient to aid in the development of a certain traffic safety
improvement project.
In consideration of the foregoing and the mutual promises contained in this agreement, the parties 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 DOT's and/or the Recipient's
contact person. The DOT's contact person shall be the District 2 Local Systems Engineer in Mason
City, Iowa. The Recipients contact person shall be Mohammad Elahi, City Planner.
c. The Recipient shall be responsible for the development and completion of the following described
Traffic Safety improvement project located in Waterloo and surrounding area:
Television broadcast for Traffic Safety Awareness Campaign with a Department of Transportation
approved Zero Fatality tag. The Department of Transportation's Office of Strategic
Communications must review and approve the script to be used prior to its release.
See Exhibit A for the estimated project cost.
2. Project Costs
a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after
the effective date of Commission Approval shall be paid from Traffic Safety Funds and other funds as
fisted below, subject to the execution of a signed agreement:
Traffic Safety Funds: $60,000
b. The portion of the total project costs paid by Traffic Safety Funds shall not exceed the amount stated
above or the actual cost of the Traffic Safety Improvement Program eligible items, whichever is the
smaller amount.
c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is
approved by the Department. If a letting is not required, construction on the project shall begin within
2 years of the date of this agreement is approved by the Department. If neither condition is met, the
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November 2014
Recipient may be in default, for which the Department may revoke funding commitments. This
agreement may be extended for a period of 6 months upon receipt of a written request from the
Recipient at least 30 days prior to the 2 year deadline.
d. Project activities or costs eligible for TSIP funds include only the following: (a) research that
addresses statewide traffic concerns; (b) studies that identify remedies for traffic operations safety at
a specific location (study funds may be used to supplement federal Traffic Engineering Program
(TEAP) funding); and (c) public information initiatives that emphasize traffic safety techniques or
policies and are of statewide interest. An initiative of local scope may also be considered.
e. Project activities and costs ineligible for TSIP funds include, but are not limited to, any and all costs
incurred prior to Transportation Commission approval of funding.
f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with
Traffic Safety Funds, the Recipient shall also follow all administrative and contracting procedures
which would normally be used when such funds are used on a non -Traffic Safety Improvement
Program project. The Recipient shall comply with all requirements for the use of said funds.
d. The LPA shall be the contracting authority for the project.
3. Payments and Reimbursements
a. The Recipient may submit to the DOT 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 will reimburse the Recipient for properly documented and certified claims for eligible
project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP
funds available for the project, whichever is less. Reimbursement will be made either by State warrant
or by crediting other accounts from which payment was initially made. lf, upon final audit or review,
the Department determines the Recipient has been overpaid, the Recipient shall reimburse the
overpaid amount to the Department. After the final audit or review is complete and after the Recipient
has provided all required paperwork, the Department will release the funds withheld, if any.
c. Upon completion of the project described in this agreement, a professional engineer 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 terms of this agreement. Final reimbursement of Traffic
Safety Funds shall be made only after the DOT accepts the project as complete.
d. 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 Recipient by certified mail return receipt requested, to
declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of
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 to cure 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 notice of continued default.
e. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment
of Traffic Safety Funds granted by this agreement through charges against the Recipient's road use
tax funds.
4. General Provisions
a. This agreement shall be considered to be in default if the DOT determines that the Recipient's
application for funding contained inaccuracies, omissions, errors or misrepresentations.
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b. To the extent allowed 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, or inspection of this project. To the extent allowed by law, 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.
c. in accordance with Iowa 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.
d. 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.
e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
f. This agreement is not assignable without the prior written consent of the DOT.'
g. It is the intent of both parties that no third party beneficiaries be created by this agreement.
h. In case of dispute conceming 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. 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 paragraph for arbitration.
i. 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.
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This agreement, 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.
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2016 -TS -033 as of the
date shown opposite its signature below,
Date 7 /2-0 / , 20 1
3u�..1 , certify that I am the Clerk of the City1, and that
.
IEr
authorized to
City, on the
, who signed said Agreement for and on behalf of the City was duly
execute the same by virtue of a formal Resolution dulypassed and adopted by the
3®.-' day of 4,-t
C"7 .
Date scQCs , 20 1J .
Cigned
City Cler o
ateri , Iowa
Iowa Department of Transportation:
By:
teve J. Gen
Director,
Office of Traffic and Safety
Date ��/Z , 20 /S.
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ECEIVE
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OCT 15 2Ui
BY:
EXHIBIT A
Below is a table of the programming currently available in primetime and the costs associated
with each.
Program
Day
Time
Rate
Adults 18+
News at 5
M -F
5-5:30p
$250
5.3
News at 6
M -F
6-6:30p
$500
8.1
News at 6
Sat
6-6:30p
$250
5.3
News at 5
Sun
5-5:30p
$100
3.6
Last Comic Standing
M
7-8p
$400
10.4
American Warrior Ninja
M
8-10p
$400
10.8
America's Got Talent
T
7-9p
$700
8.8
Law & Order SVU
W
7-8p
$500
8.6
America's Got Talent
W
7-9p
$750
9.5
Hollywood Game Night
Th
7-8p
$500
10.4
Dateline
F
7-9p
$200
9.1
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