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HomeMy WebLinkAboutIowa Department of Transportation-2/17/2014CITY OF WATERLOO Council Communication City Council Meeting: February 17, 2014 Prepared: February 11,20 Dept. Head Signature: # of Attachments: 1 SUBJECT: Traffic Safety Grant Agreement for the Intersection of Downing and Ansborough Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -006 for $47,000 with the Iowa Department of Transportation for safety improvements at Downing- Ansborough Intersection. Summary Statement The proposed improvements will consist of improving traffic signal installations and replacing some signs. The grant will pay for 100% of construction costs. Expenditure Required Total of $51,000 which includes Construction $47,000 (grant) and Engineering $4,000 (not part of the grant). Source of Funds $47,000 100% Iowa DOT Grant $4,000 G.O. Bond Policy Issue Alternative Background Information: This is a short term solution. The intersection experiences a high number of crashes including injury crashes. City's Traffic Operations Engineering study revealed a problem which can be improved by revising signal modifications. A long term solution will be needed in the future. Left turn lanes on Ansborough Ave. should be part of the long term solution. January 2012 Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Site -Specific Improvement) County Recipient Project No. Iowa DOT Agreement No. Black Hawk County City of Waterloo CS -TSF -8155(737)-85-07 2015 -TS -006 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and 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-2014-36 on, December 10, 2013. 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 Recipient's contact person shall be City of Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Waterloo: Replace existing pedestal signal with new mast arm with signal phasing upgrade at the intersection of Ansborough Avenue and Downing Avenue. See Exhibit A-1 for the location of the project and Exhibit A-2 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 listed below, subject to the execution of a signed agreement: Traffic Safety Funds: $47,000 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. The project shall be let to contract within 2 years of the date this agreement is approved by the Department. If not, the 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. 2015 -TS -006 Waterloo.doc 1 January 2012 ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects. iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within % mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. v. The concrete pad for the controller shall extend no more than 4 inches above the ground line. vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall also be a near side signal head. vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. 5. Bid Letting a. If the project must be let for bids, then project plans, specifications and engineer's cost estimate for site specific improvements and/or traffic control devices shall be prepared and certified by a professional engineer licensed to practice in the State of Iowa. The Recipient shall submit the plans, specifications and other contract 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 contract documents for each division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site specific project) 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 substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the Recipient lets the project, as described herein, 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. c. If the Recipient lets the project, then 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 B which is attached hereto and by this reference incorporated into this agreement. d. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. 6. Construction and Maintenance a. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. 2015 -TS -006 Waterloo.doc 3 January 2012 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. 8. 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. b. 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. 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. 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. c. 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. J• 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. 2015 -TS -006 Waterloo.doc 5 LOCATION MAP 2015 -TS -006 Waterloo.doc EXHIBIT A-1 [Project Location] 7 9 EXHIBIT B (Site -Specific Improvements) Project activities or costs eligible for Traffic Safety Improvement funds include only the following: a. Road modemization, upgrading or reconstruction. b. Bridge and culvert modemization, replacement or removal. c. Road intersection and interchange improvement including channelization, traffic control devices or lighting. d. Right of way required for a traffic safety project. e. Drainage and erosion measures which are an integral part of the project. f. Traffic control devices required by the project. g. Guardrail. h. Tree removal. i. Other construction activities directly related to or required by the safety project. 2015 -TS -006 Waterloo.doc 9 EXHIBIT D UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON-FEDERAL AID PROJECTS (THIRD -PARTY STATE -ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts' shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515-281-7102) or from its website at: http://dia.iowa.gov/page7.html. 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a) Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non -Federal Aid Projects (Third -Party State -Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on-line at: http://www.dot.state. ia. us/local_systems/publications/tsb_contract_provision. pdf b) Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a) Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b) Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. 2015 -TS -006 Watedoo.doc 11 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non -Federal -aid Projects (Third -Party State -Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, 0 telephone, 0 personal contact, or 0 other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? 0 YES 0 NO If no, explain 4. Was a goal or percentage established for TSB participation? 0 YES 0 NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? 0 YES 0 NO If no, what action was taken by Recipient? Is documentation in files? 0 YES 0 NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? 0 YES 0 NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State -assisted contracts associated with this project. Title Signature Date 2015 -TS -006 Waterloo.doc 13