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HomeMy WebLinkAboutIowa Department of Transportation - Traffic Safety Improvement Agmnt - 5/22/2006 IOWA DEPARTMENT OF TRANSPORTATION To office: District 2 Date: June 26, 2006 Attention: Vicki Dumdei Rd.No.: Black Hawk County TS-0000(219)--92-00 From: Deanne Popp Office: Local Systems --NW Wing, 1St Floor Subject: Signed Traffic Safety Improvement Agreement Attached please find a signed original of the fully executed Agreement No. 2.006- TS-024 for a Safety Awareness Campaign with the city of Waterloo. Attached also please find a copy of"Contract Provisions for Specific Affirmative Action Responsibilities on Non-Federal Aid Projects (for Third-Party State Assisted Projects)". Please return the original Agreement and a copy of the contract provisions to the city. This completes the Agreements Section's involvement with the project. If you have further questions regarding the administration of the project,please direct them to the Engineering Bureau. f � r Deanne Popp Agreements Specialist DP:ksl Attachments c: Neil Volmer, Planning & Programming Jon Ranney, Program Management, w/copy Tom Devine, Audits, w/copy Steve Gent, Traffic Engineering and Safety, w/copy Dan Ohman, Design, w/copy Finance, w/copy TS6 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING (Safety Awareness Campaign- Study) RECIPIENT: Waterloo, Iowa COUNTY: Black Hawk PROJECT NO.: TSF-0000(219)--92-00 AGREEMENT NO.: 2006-TS-024 This 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),and the application was approved by Transportation Commission Order No. H-2005-50 on, March 8, 2005. 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 City Traffic Engineer. 3. The Recipient shall be responsible for the development and completion of the following described Traffic Safety Improvement project: The Recipient will start a traffic safety education and awareness campaign in order to reduce traffic related losses on streets. See Exhibit A-1 for the project outline and Exhibit A-2 for the estimated project cost. 2 4. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Improvement funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Improvement Funds: $50,000 5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not exceed the amount stated above ($50,000) 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 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, 2008. If 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. 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. 9. 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. 10. 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. 3 11. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project activities.Reimbursement claims shall include documentation that all eligible project activities for which reimbursement is requested have been completed in substantial compliance with the terms of this agreement. 12. The DOT shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, either by state warrant, or by crediting other accounts from which payment may have been initially made. 13. Upon completion of the project described in this agreement,documentation shall be provided to the DOT that the project activities were completed in substantial compliance with this agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only after the DOT accepts the project as complete. 14. 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(3 0) 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. 15. 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. 16. The Recipient agrees to indemnify, defend and hold the DOT harmless from any action or liability arising out of the implementation of this project. This agreement to indemnify, defend and hold harmless applies to all aspects of the DOT's application review and approval process and funding participation. 17. The Recipient shall comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by the Iowa Code Chapter 216.No person shall,on the grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from participation in,be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which the Recipient receives state funds from the DOT. 18. 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. 4 19. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 20. This agreement is not assignable without the prior written consent of the DOT. 21. It is the intent of both parties that no third party beneficiaries be created by this agreement. 22. 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. 23. 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. 24. This agreement as set forth in paragraphs 1 through 24 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. 5 IN WITNESS WHEREOF,each of the parties hereto has executed Agreement No. 2006-TS-024 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date ►/LSA 2 —, 20o(- Title: 20o(- Title: a or M\C 1 L' KPrfi certify that I am the Clerk of the City, and that :fj n who signed said Agreement for and on behalf of the City was duly authorized to execute tie same by virtue of a formal Resolution duly passed and adopted by the City, on the ��h day of Ili A.v , 20 O L . Signe � - Date_ /LIQ„ �' , 204:4 City Clerk o Wate o, Iowa Iowa Department of Transportation: By: Date /2 , 20 Steve Gent Director, Office of Traffic and Safety 6 EXHIBIT A-1 MAP OF TRAFFIC EDUCATION FOR SAFETY AWARENESS CAMPAIGN TESAC GOALS: Reduce traffic accident related losses and suffering by influencing driver behavior. OBJECTIVES: 1. Raise the traffic safety awareness 2. Educate and re-educate the driver 3. Prepare children TACTICS: Examples (varies): 1. PSAs 2. Commercials 3. Posters/ Pamphlets 4. Trivia Contests/Prizes 5. Awards 6. Link with other national programs 7. Concerts/Public Events 8. Etc. INVOLVEMENT SOUGHT 1. Public 2. Businesses 3. Insurance Companies 4. Emergency & Public Safety 5. Media 6. UNI 7. Local Governments 8. School System 9. Etc. OTHER 1 . Fund Raising 2. Measures of Effectiveness MAYOR / COUNCIL INITIATIVES Set goal such as reduce traffic fatalities by 50 percent. Select and invite a committee to plan and steer the campaign. 7 EXHIBIT A-2 C. ESTIMATED COSTS An estimated cost of $60,000 for stating the campaign Is requested. 1 Consultant fees for refining the design ofthe 30,000 campaign 2 _. Buyingmedia coverage 20,000 3 Fund raisin and prizes 10,000 Total; $ 60,000 8 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 concerns. 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. 9 EXHIBIT C (Research, Studies and Public Information Initiatives) Activities and costs ineligible for Traffic Safety Improvement funds include but are not limited to: a. Any and all costs incurred prior to Transportation Commission approval of funding. 10 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 1913.7 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 (515-281-7357) or from its website at: http://www.iowai.net/iowa/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 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. 11 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. 12 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non-Federal-aid Projects (Third-Party State-Assisted Project) 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, ❑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