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HomeMy WebLinkAboutIowa Department of Transportation-3/3/2014CITY OF WATERLOO Council Communication City Council Meeting: March 3, 2014 Prepared: February 26, 2014 F f Dept. Head Signature: 6'1, L f t t;C' 0 # of Attachments: SUBJECT: Traffic Safety Grant Agreement for Radio Safety Campaign Focused on Pedestrians and Cyclists Submitted by: Sandie Greco, Traffic Operations Superintendent Recommended City Council Action: Approve grant agreement number 2015 -TS -032 for $15,000 with the Iowa Department of Transportation for a Radio Broadcast Traffic Safety Awareness Campaign. Summary Statement Based on previous successful radio campaigns, the funds will be used for production and broadcast of radio messages on prime time. Expenditure Required $15,000 Source of Funds 1 00% Traffic Safety Grant. Policy Issue Alternative Background Information: In Waterloo red light running and car collisions no longer constitutes the major part of traffic fatalities but pedestrian and cyclist have a high fatal crash rate. These are crashes at random locations that can be contributed to driving culture. The campaign is meant to bring safety awareness messages to the area residents. January 2012 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Studies, Research, Public Information Initiatives) County Black Hawk County Recipient Waterloo, Iowa Project No. CS -TSF -8155(740)--85-07 Iowa DOT Agreement No. 2015 -TS -032 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-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 Mohammed Elahi, Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described Traffic Safety improvement project located in Waterloo: Radio broadcast for Traffic Safety Awareness Campaign focused on pedestrians and motorcyclists. 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: $15,000 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 contracted 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 -032 Waterloo 1 January 2012 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. 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 total 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. If, 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. 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 retum 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. 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. 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. 2015 -TS -032 Waterloo 2 January 2012 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 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. 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 -032 Waterloo 3 January 2012 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2015 -TS -032 as of the date shown opposite its signature below. City ofYVpaterloo, Iowa: By: Title: N \t 4.7 Arn Date 11,, c()- ,201*. I, 3t.it ^Li Saa , certify that I am the Clerk of the City, and that PAe4ja Ciel v iC , who signed said Agreement for and on behalf of the City was duly authorized to exeite the same by virtue of al formal Resolution duly p ssed and adopted by the City, on the day of '.1'0. -At-C`� , 20 Signed City Clerk o Wat -rloo, Iowa Iowa Department of Transportation: By: teve J. Ge Director, Office of Traffic and Safety Date � � '- ' 20 /41. Date ?7'e'� , 20 I/ 2015 -TS -032 Waterloo 4 EXHIBIT A-1 [Project Location] Waterloo, Cedar Falls and Surrounding Areas 2015 -TS -032 Waterloo 5 EXHIBIT A-2 [Estimated Project Cost] C. ESTIMATED COSTS An estimated cost is $15,000. Table 1: Estimated Costs 1 Agency fees for refining the design of the campaign and producing media material. 2,000 2 Buying media coverage 13,000 Total: $15,000 2015 -TS -032 Waterloo IOWA DEPARTMENT OF TRANSPORTATION DISTRICT2 APR e 3 2014 6 MASON CITY, IA