HomeMy WebLinkAboutIDOT - Traffic Safety Improvement - CS-TSF-8155(691)--85-07 g- -7-o (�-
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
(Site Specific Improvement)
RECIPIENT: Waterloo, Iowa
COUNTY: Black Hawk
PROJECT NO.: CS-TSF-8155(691)-85-07
AGREEMENT NO.: 2007-TS-015
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 hrrprovement Program under Iowa
Code Section 312.2(16),and the application was approved by Transportation Commission Order No.
H-2006-40 on, February 14, 2006.
Pursuant to the terns 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.
hl 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 hnprovement project:
The traffic signal installation will be upgraded at the intersection of
Ai ort Boulevard and westbound BroadwayStret.See Exhibit A-1 for
the location of the project 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: $155,500
5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not
exceed the amount stated above ($155,500) 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, 2008. 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 will be established as part of this project. The clear zone to the face of all
new or relocated fixed objects shall be whichever of the following provides the greater
clearance:
A. 22 feet from the edge of the traveled way along westbound Broadway Street;
B. 18 feet from the edge of the traveled way along Airport Boulevard; or
C. In areas of auxiliary lanes and/or conger radii/tapers, 10 feet from the back-of-curb or
edge of slab.
D. Within the entire project limits, all new or relocated fixed objects, including signal
poles/controllers, shall be located/relocated to meet the clear zone established above.
3
E. Any fixed object,existing or new,that causes a sight restriction that would interfere with
the visibility of the signal indications shall be relocated or removed.
F. The office of Traffic and Safety of the DOT may approve exceptions on a case-by-case
basis.
9. For this project, which includes the modification of the existing traffic signal system, 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. In addition there will be one signal head,
side of pole mounted, on the far right side pole.
B. Near side signal indications shall be provided for Airport Boulevard along with blank
out "Prepare to Stop" signs.
C. Combination signal/lighting poles shall be used to minimize the number of fixed
objects.
D. Interconriection and coordinated traffic signal timing plans shall be developed for the
traffic signals if there are two or more other signal installations within V2 mile of the
subject signal to provide for progressive traffic flow.
E. Pedestrian activated signals shall be provided for all pedestrian movements.
F. The concrete pad for the controller shall extend no more than 4 inches above the
ground line.
G. Dilemma zone protection shall be provided on both Airport Boulevard and Broadway
Street.
H. Programmable signal heads shall be installed on the next signal installation to the
south.
10. The prof ect 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
4
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.
11. 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 priinary road or primary road
extension to the DOT's contact person for future maintenance and road design purposes.
12. In the event that right-of-way is required for the project listed in paragraph 3 of this
agreement, said right-of-way shall be acquired in accordance with 761 Iowa Administrative
Code Chapter 111,Real Property Acquisition and Relocation Assistance.The Recipient steal I
submit preliminary right-of-way plans to the DOT's Office of Right-of-way for review and
approval prior to the commencement of any acquisition. Additionally,if said right-of-way is
for an improvement to the Primary Road System,it shall be acquired in the narne of the State
of Iowa.
13. The Recipient shall be responsible for obtaining any pennits, 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.
14. The Recipient shall develop all site specific improvements using good engineering judgment.
The Recipient shall use "A Policy on Geometric Design of Highways and Streets", (latest
edition),by the American Association of State Highway and Transportation Officials and/or
the "The Manual on Uniform Traffic Control Devices for Streets and Highways", by the
Federal Highway Administration, as a guide.
15. If this prof ect requires the installation of or modification to a traffic control signal system,the
Recipient shall be responsible for all future ownership,maintenance,and energy costs of said
installation or modification.
16. The Recipient shall conduct the project development and implementation in compliance with
applicable laws,ordinances and administrative rules.For portions of the proj ect 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 prof ect 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, Fann-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
5
such funds are used on a non-Traffic Safety hnprovement project. The Recipient shall
comply with all requirements for the use of said funds.
17. The Recipient shall certify to the DOT's contactperson that all known enviroiunental permits
have been received and that all environmental regulations have been complied with before
Traffic Safety Improvement funds are reimbursed or credited.
18. 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:
19. Activities or costs ineligible for Traffic Safety hnprovement 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.
20. 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.
21. 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.
22. 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 proj ect activities for which
reimbursement is requested have been completed in substantial compliance with the terns of
this agreement.
23. 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.
24. 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.
6
25. 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.
26. 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.
27. In the event a default is not cured the DOT may revoke funding commnitments and/or seek
repayment of Traffic Safety Improvement funds granted by this agreement through charges
against the Recipient's road use tax funds.
28. 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.
29. The Recipient shall comply with all provisions of the equal employment opportunity
requirements prohibiting discriinination 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.
30. 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.
31. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain ni effect.
32. This agreement is not assignable without the prior written consent of the DOT.
33. It is the intent of both parties that no third party beneficiaries be created by this agreement.
7
34. h1 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.
35. 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.
36. This agreement as set forth in paragraphs 1 through 36 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 tenns 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.
8
IN WITNESS WHEREOF,each of the parties hereto has executed Agreement No. 2007-TS-015 as
of the date shown opposite its signature below.
City of Waterloo, Iowa:
By: Date IR - -7 , 200-6,
Title: D
I, Wan Cc 2rt , certify that I am the Clerk of the City, and that
-e 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 - day of ))q y u .5-t- , 20 d .
Signed -/"" Date 9' '7 , 2004
City Clerk of Water , Iowa
Iowa Department of Transportation:
By. Date � , 200
Steve Gent
Director,
Office of Traffic and Safety
9
EXHIBIT A-1
RD.
WATERLOO WATERLOO
MUNICiPA1
AIRPORT « PROJECT � SCAU OF mi-ES
18 LfWATION
_.� 0 1/A 1/2 3'A I
a 3 w.AIR ANe
ur+COw.ST'
z
Anm p i
I DONALD sr.
Z STREET
Is^,ER 5T y
W p yr SVrat,IHt ST< iVTh'Fq KINC
_ z
:)Q �oo. ._ 218 _� Z 'p D�1VF
U B�SllANKAVE � � o� O
�Jv o=ff
D!t NST
n'F ? 9 INDEPENDtNa AVE.
4�, P�AV �/'Q .
Grw,.,d
-'---&
DCM'NtNG 0 �
OSACE;..+"
ELK R
:AVE_218 �B��jf HlT
W d' 1F rAA rix o c>
6T�5TO,N z Avr- ( '
4�' TZEyANSDALE
po •O y4 �•'A4cdred mIC w,'moi- ANdcoJ 1 I {] i-j RD.`ti
t ' > Ocnttr []
MAW M. ,.O-' --4TH ST.
20 2 .,F
ti
RD.
5KA.Ulis RD. $ ci O,p `.•
z
=ORANGE ►p. °
g
21 c 218
t
Y
10
EXHIBIT A-2
C. ITEMIZED BREAKDOWN OF COST
C.1 ESTIMATED COSTS: DESCRIPTION ESTIMATED
ITEM PRICE
S 14,000
1 NO. NEW MAST ARM POLES AND SIGNALS
COMPLETE WITH BASE 10,000
2- NEW POLES/TRUSS FOR BLANK_OUT SIGNS)
COMPLETE WITH BASE NG 25,000
3 DILEMMA
VDS CAMERAS COMPLETE WITH POLES SYSTEM AND
CONNECTION 21,000
4 VIDEO DETECTION SYSTEM 8,000
5 BLANK-OUT SIGN(S 10,000
5 VIDEO MONITORING SYSTEM
7 WIRELESS AND/OR INTERNET BASED SYSTEM 28,000
TO BRING THE CAMERA IMAGES TO THE
TRAFFIC CONTROL CENTER 10,000
8 PROGRAMMABLE VISIBILITY SIGNAL HEADS 5,000
9 CONDUITS,WMING,SIGNS AND OTHER
INCIDENTALS
10 CABINET MODIFICATION TO ACCOMMODATE 2,000
THE NEW EQUIPMENT --- 5,000
i i MISC.ITEMS SUCH AS PAVEMENT MARKINGS,
SIGNS,ETC TO BE DETERMINED DURING FINIAL
DESIGN PHASE 5,000
12 TRAFFIC CONTROL - 7,500
13 CONTINGENCY 5,000
14 MOBILIZATION $155,500
�_ TOTAL:
11
EXHIBIT B
(Site-Specific Improvements)
Project activities or costs eligible for Traffic Safety Improvement funds include only the following:
a. Road modernization, upgrading or reconstruction.
b. Bridge and culvert modernization, replacement or removal.
C. Road intersection and interchange improvement including channelization, traffic control
devices or lighting.
d. Right of way required for a traffic safety project.
e. Drainage and erosion measures which are an integral part of the project.
f. Traffic control devices required by the project.
g. Guardrail.
h. Tree removal.
i. Other construction activities directly related to or required by the safety project.
12
EXHIBIT C
(Site-Specific Improvements)
Activities or costs ineligible for Traffic Safety hnprovement funds include but are not limited to the
following:
a. Any and all costs incurred prior to commission approval of funding.
b. Routine maintenance of a road, street, bridge, culvert or traffic control device.
C. Safety-related activities associated with projects initiated for purposes other than traffic
safety.
d. Contract administration costs.
e. Design and construction engineering and inspection.
f. Utility construction, reconstruction, or adjustment except as an integral part of a project.
g. Sidewalks, bicycle paths or railroad-highway crossings, except as an integral part of the
project.
h. Expenditures for items not related to the roadway.
November 2005 13
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 19B.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.
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.
14
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, ❑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
CONTRACT PROVISION
Targeted Small Business (TSB)
Affirmative Action Responsibilities
on
Non-Federal Aid Projects(Third-Party State-Assisted Projects)
June 2004
June 2004
TSB AFFIRMATIVE ACTION RESPONSIBILITIES
ON
NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
1. TARGETED SMALL BUSINESS (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 governments have certain affirmative action requirements to encourage and increase
participation of disadvantaged individuals in business enterprises. These requirements are
based on Iowa Code Section 19B.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: 515-281-7357
Website: www.iowai.net/iowa/dia/tsb
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 firm 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.
Page 1 of 5
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 (515-281-7357) 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.
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.
Page 2 of 5
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.
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) What pre-solicitation or pre-bid meetings scheduled by the contracting
authority were attended?
(2) Which general news circulation,trade associations and/or minority-focused
media were advertised concerning the subcontracting opportunities?
(3) Were written notices sent to TSBs that TSBs were being solicited and was
sufficient time allowed for the TSBs to participate effectively?
Page 3 of 5
(4) Were initial solicitations of interested TSBs followed up?
(5) Were TSBs provided with adequate information about the plans,
specifications and requirements of the contract?
(6) 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?
(7) Were interested TSBs assisted in obtaining bonding, lines of credit or
insurance required by the contractor?
(8) 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 4 of 5
_ N
� O
O p
O
C � �
G � �
L) a O UU
> A W
N U
y
C ti y 7
040,
R r�
75
Q
F V)
N U .
z
oo O
a
O �
y � N
C
3
o a.
0 Pl W U
Fes^
C5 CJ U W
G p s 0 r4
r� y V� L
or
q 7,
c F
V
� H
o Q O
� R7 o ami " H Pa
p � V 0 A h
F �
Wz U w F
U
b E a ss
•> N
CL o ca � a,
o �
❑ Y
tw o
O' N vN O
U �
•N 4
¢ U� O
v Cd p o A U
id
p, O
> M 7 P
O O
cUd ,F+ eJ N