HomeMy WebLinkAboutIowa Department of Transportation-2/11/2013January 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
(Research, Studies, or Public Information Initiates)
County Black Hawk County
Recipient City of Waterloo
Project No. CS -TSF -8155(733)-85-07
Iowa DOT
Agreement No. 2014 -TS -034
This agreement is entered into by and between the Iowa Department of Transportation, hereinafter
designated the TOT', 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-2013-21 on, November 13, 2012.
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,DOTs 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:
A public awareness campaign to reduce fatal crashes in the city of Waterloo, Iowa.
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: $20,000
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.
MUTS-034 Waterroo.docx 1
January 2012
d. Project activities or costs eligible for TSIP funds include only the following: (a) research that
addresses statewide traffic concems; (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.
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 Federal share of construction costs or
5% of the total Federal 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 Federal 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 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
N (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
2014 -TS -034 Waterloo.docx 2
January 2012
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 .gender identity, national origin,
religion, pregnancy, or disability.
d. The Recipient shall comply with the requirements of Title 11 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.
h.
It is the intent of both parties that no third party beneficiaries be created by this agreement.
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.
2014 -TS -034 Waterloo.docx 3
January 2012
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2014 -TS -034 as of the
date shown opposite its signature below.
City of/ terloo, Iowa:
r/ /�J'
By:
Title:
Date Q42�1; l(L- ) t , 20.
I, 3 -2-U SC -N''fS , certify that I am the Clerk of the City, and that
yes &.. Ci.(� x---, who 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, on the 1 l`- day of Fp _9� t���� , , 20 13 .
Signed
City Clerk of Waterloo, Iowa
Iowa Department of Transportation:
Date fru c.j C t
,20 13 .
By: Date , 20
Steve J. Gent
Director,
Office of Traffic and Safety
2014 -TS -034 Waterloo.docx 4
January 2012
EXHIBIT A-1
[Project Location]
2014 -TS -034 Watertoo.docx 5
January 2012
EXHIBIT A-2
[Estimated Project Cost]
1. Agency fees for refining the design of the campaign
and producing media material. 8,000
2. Buying media coverage
2014 -TS -034 Waterloo.docx 6
12,000
Total: $ 20,000
January 2012
EXHIBIT B
(Research, Studies and Public Information Initiatives)
Project activities or costs eligible for Traffic Safety Improvement funds include only the following:
a. Research shall address statewide traffic concems.
b. A study shall address remedies for traffic operations safety at a specific location. Study funds
may be used to supplement federal Traffic Engineering Program (TEAP) funding.
c. A public information initiative shall emphasize traffic safety techniques or policies and should be
of statewide interest. An initiative of local scope may also be considered.
2014 -TS -034 Waterloo.docx 7
January 2012
EXHIBIT C
(Research, Studies and Public Information Initiatives)
Activities and costs ineligible for Traffic Safety Improvement funds include but are not limited to:
1. Any and all costs incurred prior to Transportation Commission approval of funding.
2014 -TS -034 Waterloo.docx 8
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 196.7 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 thebid 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 contractcrovision.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.
2014 -TS -034 Waterioo.docx 9
The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts
with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive
efforts and it should be placed in the general project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. The attached "Checklist and Certification." This form shall be filled out upon completion of each
project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of
Contracts, 800 Lincoln Way, Ames, IA 50010.
2014 -TS -034 Watedoo.docx 10
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? ❑ 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
2014 -TS -034 Waterloo.docx 11