HomeMy WebLinkAboutIowa Department of Transportation-4/12/2010IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
(Traffic Control Device)
RECIPIENT: Waterloo, Iowa
COUNTY: Black Hawk
PROJECT NO.: CS -TSF -8155(717)--85-07
AGREEMENT NO.: 2011 -TS -028
his is an agreement between Waterloo, Iowa (hereinafter referred to as Recipient) and the
Iowa Department of Transportation (hereinafter referred to as the DOT). The Recipient
submitted an application to the DOT for funding through the Traffic Safety Improvement
Program under Iowa Code Section 312.2(16),
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. The Recipient shall be the lead local governmental agency for carrying out the provisions
of this agreement.
2. 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 the
Traffic Engineer.
3. The Recipient shall be responsible for the development and completion of the following
described Traffic Safety Improvement project located in the city of Waterloo, Iowa at the
intersections of Williston Avenue and Baltimore Street, and Williston Avenue and W. 9th
Street:
Upgrade traffic signals from pedestal to mast -arm. See Exhibit A-1 for
the location of the project and Exhibit A-2 for the estimated project
cost.
4. Eligible project costs for the project described in paragraph 3 of this agreement shall be
paid from Traffic Safety Improvement funds and other funds as listed below, subject to
the execution of a signed agreement:
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Traffic Safety Improvement Funds: $96,100 (Equipment/Material costs only)
5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not
exceed the amount stated above ($96,100) or the actual cost of the Traffic Safety
Improvement eligible items, whichever is the smaller amount.
6. The recipient shall maintain records, documents, and other evidence in support of work
performed under the terms of this contract. 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 DOT or its designee at all reasonable times during the
period of the contract and for three (3) years after the date of final payment.
Reimbursement shall be based on eligible actual and indirect costs associated with
performance of contract service work. The recipient shall provide copies of said records
and documents to the DOT upon request.
The recipient shall require its contractors to permit the DOT authorized representative to
inspect all work materials, records, and any other data with regard to agreement related
costs, revenues and operating sources.
7. The Recipient shall initiate project activities in a timely manner. The proposed project
completion date is December 31, 2011. If construction of the project has not been
completed by this date, this agreement shall be considered to be in default. The Recipient
may request the approval of the DOT to revise the completion date. The request must be
in writing and be submitted thirty (30) days prior to the completion date as shown above.
8. A clear zone shall be established as a part of this project. The clear zone to the face of all
fixed objects shall be at least 10 feet from one direction and 5 feet from the cross street at
any corner measured from the edge of the traveled way. Within the corner radii/returns,
all fixed objects, including signal poles/controller, shall be relocated to meet the clear
zone established above. The DOT Office of Traffic and Safety may approve exceptions
on a case-by-case basis.
For projects which include the installation or modification of traffic signal systems, the
following shall apply:
A. There will be a minimum of one mast -arm mounted signal head with back plate for
each incoming through or left -turn lane. To comply with the 2009 MUTCD, the
signal head over the left -turn lanes shall not display a green ball. For permissive left -
tum phasing, a flashing yellow arrow must be used or the signal head for the left -turn
lane must be on the lane line or over the thru lane. In addition there will be one signal
head, side of pole mounted, on the far right side pole.
B. Combination signal/lighting pole shall be used to minimize the number of fixed
objects.
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C. Synchronization 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 by the DOT Office of Traffic and Safety.
D. Pedestrian activated signals shall be provided for all pedestrian movements and timed
in accordance with the current MUTCD.
E. The concrete pad for the controller shall extend no more than 4 inches above the
ground line.
F. 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.
G. Dilemma zone protection shall be provided if the 85th percentile speed is at / over 35
mph.
All pedestrian accommodations within the project shall meet current ADA requirements.
The 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.
9. Prior to final reimbursement for the project, the Recipient shall furnish three sets of "as -
built" plans for any portion of the project which is on or intersects any primary road or
primary road extension to the DOT's contact person for future maintenance and road
design purposes.
10. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy
and/or Perform Work Within the Right -of -Way, Permit of Access, Utility
Accommodation, Right to Install and Maintain Traffic Control Devices, and/or other
construction permits required for the project prior to the start of construction. Neither the
approval of the Traffic Safety application for funding nor the signing of this agreement
shall be construed as approval of any required permit from the DOT.
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11. The Recipient shall conduct the project development and implementation in compliance
with applicable laws, ordinances and administrative rules. 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.
Additionally, for projects where Federal highway funds, Farm -to -Market funds, or other
Federal funds are used to match Traffic Safety Improvement 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 project. The Recipient
shall comply with all requirements for the use of said funds.
12. The Recipient shall certify to the DOT's contact person that all known environmental
permits have been received and that all environmental regulations have been complied
with before Traffic Safety Improvement funds are reimbursed or credited.
13. Project activities or costs eligible for Traffic Safety Improvement funding include only
those items set out in Exhibit B which is attached hereto and by this reference
incorporated into this agreement.
14. Activities or costs ineligible for Traffic Safety Improvement funding include but are not
limited to those items set out in Exhibit C which is attached hereto and by this reference
incorporated into this agreement.
15. The Recipient hereby certifies that, for a period of ten (10) years following completion of
project and receipt of final payment from the DOT, there shall be no modifications in the
geometric features, the construction features, or the access management features
(including driveway design and location) of the project, nor shall there be any fixed
objects or obstructions placed in any clear zone established in conjunction with this
project without the prior written approval of the Office of Traffic Engineering and Safety.
Failure to comply shall be considered a default under the terms of this agreement.
16. 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.
17. 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.
18. The Department shall reimburse the Recipient for properly documented and certified
claims for eligible project activity costs, less a withholding of 5% of the Federal and / or
State share of construction costs, either by state warrant or by crediting other accounts
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from which payment may have been initially made. If upon final audit, 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 or
State funds withheld.
19. 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 plans and
specifications set out in this agreement. Final reimbursement of Traffic Safety
Improvement funds shall be made only after the DOT accepts the project as complete.
20. The Recipient shall be responsible for the daily inspection of the project, and the
compilation of a daily log of materials, equipment and labor on the project.
21. 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.
22. In the event a default is not cured the DOT may revoke funding commitments and/or seek
repayment of Traffic Safety Improvement funds granted by this agreement through
charges against the Recipient's road use tax funds.
23. 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.
24. 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.
25. 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.
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26. 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 D which is attached hereto and by this reference incorporated into this agreement.
27. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
28. This agreement is not assignable without the prior written consent of the DOT.
29. It is the intent of both parties that no third party beneficiaries be created by this
agreement.
30. 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.
31. 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.
32. This agreement as set forth in paragraphs 1 through 32 herein, 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.
2010 -TS -028 as of the date shown opposite its signature below.
City of Waterloo, Iowa:
,Z71/J-46'
Z71J Q Date Art 1 20 16 .
By:
Title:
5
duly authorized to execute
adopted by the City, on the
, certify that I am the Clerk of the City, and that
,Y, who signed said Agreement for and on behalf of the City was
the same by virtue of a formal Resolution duly passed and
12.9(13- day of
Signed- : k`'`°��,
City Clerk of Watelloo, Iowa
Iowa Department of Transportation:
By:
Steve Gent L/
Director,
Office of Traffic and Safety
,20 (b .
Date Yl L tg"- , 20
Date /'ia 2 7 , 20.x`) .
8
EXHIBIT A-1
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EXHIBIT A-2
BALTIMORE & WILLISTON
$ 45,300
W. 9TH & WILLISTON
1
ITEM
QNTY
UNIT
COST
TOTAL
1
MAST -ARM POLES, WITH BASE & ANCHOR
BOLTS
3
EA
5,800
17,400
2
MAST -ARM POLES, WITH BASE & ANCHOR
BOLTS & LUMINAIRE EXTENSION
1
EA
6,500
6,500
3
THREE SECTION SIGNAL HEADS, COMPLETE
8
EA
550
4,400
4
PEDESTRIAN SIGNAL HEADS, COMPLETE
8
EA
450
3,600
5
PUSHBUTTONS
8
EA
100
800
6
LUMINAIR COBRA HEAD
1
EA
200
200
7
CABLES, CONDUITS, ETC
1
LS
1,000
1,000
8
CONCRETE
16
CU
YD
120
1,920
9
RE -BARS
1
LS
480
480
10
CONTROLLER CABINET
1
LS
9,000
9,000
$ 45,300
W. 9TH & WILLISTON
1
MAST -ARM POLES, WITH BASE & ANCHOR
BOLTS
3
EA
5,800
17,400
2
MAST -ARM POLES, WITH BASE & ANCHOR
BOLTS & LUMINAIRE EXTENSION
1
EA
6,500
6,500
3
THREE SECTION SIGNAL HEADS, COMPLETE
8
EA
550
4,400
4
PEDESTRIAN SIGNAL HEADS, COMPLETE
8
EA
450
3,600
5
PUSHBUTTONS
8
EA
100
800
6
2- CHANNEL EVP & CONFIRMTION LIGHT
1
LS
4,500
4,500
7
LUMINAIR COBRA HEAD
1
EA
200
200
8
CABLES, CONDUITS, ETC
1
LS
2,000
2,000
9
CONCRETE
16
CU
YD
120
1,920
10
RE -BARS
1
LS
480
480
11
CONTROLLER CABINET
1
LS
9,000
9,000
$ 50,800
10
EXHIBIT B
(Traffic Control Devices)
Project activities or costs eligible for Traffic Safety Improvement funds include only the
following:
a. Materials and equipment purchased for initial installation of traffic control devices or
replacement of obsolete traffic control devices installed according to the applicable
requirements of, and in compliance with the Manual on Uniform Traffic Control Devices
(MUTCD) adopted in 761 Iowa Administrative Code 130.1(321), shall be eligible for
funding.
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EXHIBIT C
(Traffic Control Devices)
Activities and costs ineligible for Traffic Safety Improvement funds include but are not limited
to:
a. Maintenance or energy costs for traffic control devices or lighting.
b. Installation costs.
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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 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 (515-281-7357)
or from its website at: http://www.iowai.nethowa/dia/tsb
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 projects
sub -contractible items, 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 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.
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.
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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?
0 YES ❑ NO
If no, explain
2. Were qualified TSB firms notified of project? ❑ YES ❑ NO
If yes, by 0 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 ❑ 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
-7frita e6/11 lr
Signature Date
April 2010
CONTRACT PROVISION
Targeted Small Business (TSB) Affirmative Action Responsibilities
on Non -Federal -aid Projects (Third -party State -Assisted Projects)
1. TSB DEFINITION
A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51% or more owned, operated
and actively managed by one or more women, minority persons or persons with a disability. Generally this is a for-
profit small business enterprise under single management, is located in Iowa and has an annual gross income of
less than 3 million dollars computed as an average of the three preceding fiscal years.
2. TSB REQUIREMENTS
In all State -assisted projects made available through the Iowa Department of Transportation, local govemments
have certain affirmative action requirements to encourage and increase participation of disadvantaged individuals
in business enterprises. These requirements are based on Iowa Code Section 196.7 and 541 Iowa Administrative
Code Chapter 4. These requirements supersede all existing TSB regulations, orders, circulars and administrative
requirements.
3. TSB DIRECTORY INFORMATION
Available from: Iowa Department of Inspections and Appeals
Targeted Small Business
Lucas Building
Des Moines, IA 50319
Phone: 515-281-7102
Website: http://dia.iowa.00v/paoe7.html
4. THE CONTRACTOR'S TSB POLICY
The contractor is expected to promote participation of disadvantaged business enterprises as suppliers,
manufactures and subcontractors through a continuous, positive, result -oriented program. Therefore the
contractor's TSB policy shall be:
It is the policy of this firrn that Targeted Small Business (TSB) concerns shall have the maximum practical
opportunity to participate in contracts funded with State -assisted funds which are administered by this firm
(e.g. suppliers, manufactures and subcontractors). The purpose of our policy is to encourage and
increase the TSB participation in contracting opportunities made available by State -assisted programs.
5. CONTRACTOR SHALL APPOINT AN EQUAL EMPLOYMENT OPPORTUNITY (EEO) OFFICER
The contractor shall designate a responsible person to serve as TSB officer to fulfill the contractors affirmative
action responsibilities. This person shall have the necessary statistics, funding, authority and responsibility to
carry out and enforce the firm's EEO policy. The EEO officer shall be responsible for developing, managing and
implementing the program on a day-to-day basis. The officer shall also:
A. For current TSB information, contact the Iowa Department of Inspections and Appeals (515-281-7102) to
identify potential material suppliers, manufactures and contractors.
B. Make every reasonable effort to involve TSBs by soliciting quotations from them and incorporating them
into the firm's bid.
C. Make every reasonable effort to establish systematic written and verbal contact with those TSBs having
the materials or expertise to perform the work to be subcontracted, at least two weeks prior to the time
quotations are to be submitted. Maintain complete records of negotiation efforts.
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TSB Affirmative Action Responsibilities
D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing plans/specifications or other
actions that can be viewed as technical assistance.
E. Ensure the scheduled progress payments are made to TSBs as agreed in subcontract agreements.
F. Require all subcontractors and material suppliers to comply with all contract equal opportunity and
affirmative action provisions.
6. COUNTING TSBs PARTICIPATION ON A PROJECT
TSBs are to assume actual and contractual responsibilities for provision of materials/supplies, subcontracted work
or other commercially useful function.
A. The bidder may count:
(1) Planned expenditures for materials/supplies to be obtained from TSB suppliers and
manufacturers; or
(2) Work to be subcontracted to a TSB; or
(3) Any other commercially useful function.
B. The contractor may count:
(1) 100% of an expenditure to a TSB manufacturer that produces/supplies goods manufactured from
raw materials.
(2) 60% of an expenditure to TSB suppliers that are not manufacturers; provided the suppliers
perform a commercially useful function in the supply process.
(3) Only those expenditures to TSBs that perform a commercially useful function in the work of a
contract, including those as a subcontractor.
(4) Work the Contracting Authority has determined that it involves a commercially useful function.
The TSB must have a necessary and useful role in the transaction of a kind for which there is a
market outside the context of the TSB program. For example, leasing equipment or purchasing
materials from the prime contractor would not count.
7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES FROM
BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS
A. Bidders
Bidders who fail to demonstrate reasonable positive efforts may be declared ineligible to be awarded the
contract. Bidders shall complete the bidding documents plus a separate form called "TSB Pre -Bid
Contact Information". This form includes:
(1) Name(s) of the TSB(s) contacted regarding subcontractable items.
(2) Date of the contract.
(3) Whether or not a TSB bid/quotation was received.
(4) Whether or not the TSB's bid/quotation was used.
(5) The dollar amount proposed to be subcontracted.
B. Contractors Using Quotes From TSBs
Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column along with a "yes"
indicated on the Pre-bid Contact Information form.
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TSB Affirmative Action Responsibilities
C. Contractors NOT Using Quotes From TSBs
If there are no TSBs listed on the Pre-bid Contract Information form, then the contractor shall document all
efforts made to include TSB participation in this project by documenting the following:
(1)
(2)
(3)
(4)
(5)
(6)
(7)
(8)
What pre -solicitation or pre-bid meetings scheduled by the contracting authority were attended?
Which general news circulation, trade associations and/or minority -focused media were
advertised conceming the subcontracting opportunities?
Were written notices sent to TSBs that TSBs were being solicited and was sufficient time allowed
for the TSBs to participate effectively?
Were initial solicitations of interested TSBs followed up?
Were TSBs provided with adequate information about the plans, specifications and requirements
of the contract?
Were interested TSBs negotiated with in good faith? If a TSB was rejected as unqualified, was
the decision based on an investigation of their capabilities?
Were interested TSBs assisted in obtaining bonding, lines of credit or insurance required by the
contractor?
Were services used of minority community organization, minority contractors groups; local, State
and Federal minority business assistance offices or any other organization providing such
assistance.
The above documentation shall remain in the contractor's files for a period of three (3) years after the completion
of the project and be available for examination by the Iowa Department of Inspections and Appeals.
8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED
Contractors are also required to make positive efforts in utilizing TSBs on all State -assisted projects which are not
assigned goals. Form "TSB Pre-bid Contact Information" is required to be submitted with bids on all projects. If
there is no TSB participation, then the contractor shall comply with section 7C. of this document prior to the
contract award.
Page 3
Form 730007WP 7-97
Contractor
Project#
County
City
TARGETED SMALL BUSINESS (TSB)
PRE-BID CONTACT INFORMATION
Page#
(To Be Completed By All Bidders Per The Current Contract Provision)
In order for your bid to be considered responsive, you are required to provide information on this form showing your Targeted Small Business contacts made with your bid submission. This information is subject to
verification and confirmation.
In the event it is determined that the Targeted Small Business goals are not met, then before awarding the contract, the Contracting Authority will make a determination as to whether or not the apparent successful
low bidder made good faith efforts to meet the goals.
NOTE: Every effort shall be made to solicit quotes or bids on as many subcontractable items as necessary to achieve the established goals. If a TSB's quote is used in the bid, it is assumed that the firm listed will be
used as a subcontractor.
TABLE OF INFORMATION SHOWING BIDDERS PRE-BID
TARGETED SMALL BUSINESS (TSB) CONTACTS
SUBCONTRACTOR
TSB
DATES
CONTACTED
QUOTES RECEIVED
QUOTATION USED IN BID
YES/
NO
DATES
CONTACTED
YES/
NO
DOLLAR AMT. PROPOSED
TO BE SUBCONTRACTED
Total dollar amount proposed to be subcontracted to TSB on this project $
List items by name to be subcontracted:
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