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HomeMy WebLinkAboutIDOT - Vision Zero - 5/13/19January 2017 Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Study) County Black Hawk Recipient City of Waterloo Project No. CS -TSF -8155(763)--85-07 Iowa DOT Agreement No. 2020 -TS -024 This agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and Waterloo, Iowa, hereinafter designated the "Recipient". The Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement Program (TSIP) under Iowa Code Section 312.2(11), and the application was approved by Transportation Commission Order No. H-2019-031 on, December 11, 2018. 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 Local Systems Project Development Engineer and Eastern Region Local Systems Field Engineer. The Recipient's contact person shall be Mohammed Elahi, Waterloo Traffic Engineer. c. The Recipient shall be responsible for the development and completion of the following described project located in the City of Waterloo: Hold a Workshop to Publicize Vision Zero Initiative and Prepare Action Plan. See Exhibit A-1 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 TSIP Funds and other funds as listed below, subject to the execution of a signed agreement: TSIP Funds: $5,000 b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the actual cost of the TSIP 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 this agreement is approved by the Department. If neither condition is met, 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. 2020-TS-024_CityWaterloo 1 January 2017 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 TSIP Funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non-TSIP 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. Eligible and ineligible costs are outlined in Iowa Administrative Code (IAC) 761 Chapter 164, Traffic Safety Improvement Program (see IAC 761-164.6(312) and IAC 761-164.7(312)). 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. 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, 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 TSIP Funds shall be made only after the DOT accepts the project as complete. d. The Recipient shall request reimbursement and final payment from the DOT within one year of field completion of the work. If this condition is not met, the Recipient may be in default, for which the Department may revoke funding commitments. e. 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. f. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment of TSIP Funds granted by this agreement through charges against the Recipients road use tax funds. 2020-TS-024_CityWaterloo 2 January 2017 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. 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. 9. h. This agreement is not assignable without the prior written consent of the DOT. It is the intent of both parties that no third party beneficiaries be created by this agreement. 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. 2020-TS-024_CityWaterloo 3 January 2017 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2020 -TS -024 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Title: Date , 20 I, .11\e -1\t}, Com` G-1` , certify that I am the Clerk of the City, and that &V r1 4'1 , 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 3 day of Signed City Clerk of Waterl, Iowa 1A. ,20 i . Date \ 3 , 20 t i . Iowa Department of Transportation: By: Date , 20 Steve J. Gent Director, Office of Traffic and Safety 2020-TS-024_CityWaterloo 4 January 2017 EXHIBIT A-1 [Estimated Project Cost] C. Anticipated Costs $37000 Honorarium, 2 Speakers 1,400 Transportation, 2 Plane Tickets 300 1 Night Lodging, 2 Hotel Rooms 600 Lunch & Snacks for 30 200 Workshop Materia( 1,000 PR & Ads 300 Location $6,800 TOTAL 2020-TS-024_CityWaterloo 5 EXHIBIT B 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, 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 Economic Development Authority (515- 348-6159) or from its website at: https://iowaeconomicdevelopment.com/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 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 from the Administering Office. 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. 2020-TS-024_CityWaterioo 6 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, Civil Rights Coordinator, Office of Employee Services, 800 Lincoln Way, Ames, IA 50010. 2020-TS-024_CityWaterloo 7 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 Economic Development Authority? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ 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? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ 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? ❑ 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 Signature Date 2020-TS-024_CityWaterloo 8