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HomeMy WebLinkAboutIDOT - Agreement for Traffic Safety Improvement - Amnt No. 2007-TS-017 - CS-TSF-8155(693)--85-07 - 8.7.2006 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING (Site Specific Improvement) RECIPIENT: Waterloo, Iowa COUNTY: Black Hawk PROJECT NO.: CS-TSF-8155(693)-85-07 AGREEMENT NO.: 2007-TS-017 his is an agreement between Waterloo,Iowa (hereinafter referred to as Recipient)and the Iowa TDepartment of Transportation(hereinafter referred to as the DOT).The Recipient submitted an application to the DOT for funding through the Traffic Safety h-nprovement Program under Iowa Code Section 312.2(16),and the application was approved by Transportation Commission Order No. 1-1-2006-40 on, February 14, 2006. 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 traffic signal installation will be upgraded at the intersection of Airport Boulevard and eastbound Broadway Street. See Exhibit A-1 for the location of the prof ect and Exhibit A-2 for the estimated project cost. 2 h 3 of this agreement which are 4. Eligible project costs for the project described in pard p hall be aid from Traffic Safety incurred after the effective date of Commission App p improvement funds and other funds as listed below, subject to the execution of a signed agreement: Traffic Safety Improvement Funds: $43,000 5, The portion of the total project costs paid by Traffic Sactual cost of the Traffic Safety fety linprovernent funds shall not exceed the amount stated above ($43,000) or the Improvement eligible items, whichever is the smaller amount. The recipient shall maintain records, documents, and other evidence all lied and all upport of work 6. p performed under the terms of this contract. All accounting practice pp records maintained will be in accordance with generallyable for inspectioted nuand audit by nting les and procedures. Documentation shall be made avail p authorized representatives of the DOT or its designee at all reason date of final payment times during the period of the contract and for three (3) years after Reimbursement shall be based on eligible acalshall Prov decosts cop es�of said ated with performance of contract service work. The recipient and documents to the DOT upon request. The recipient shall require its contractors to permit�er daha DOTwitlegand to agreementorized related resentative o inspect all work materials, records, and any of 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. the f g. A clear zone will be established as part of this project. of the follow r zone g provoddes t ae greater ce of all new or relocated fixed objects shall be whichever clearance: A. 22 feet from the edge of the traveled way along eastbound Broadway Street; B. 18 feet from the edge of the traveled way along Airport Boulevard; or C. In areas of auxiliary lanes and/or corner radii/tapers, 10 feet from the back-of-curb or edge of slab. ts, including D. Within the entire project limits, all new dtolelocated meet the clxed lear zonecestalilished abogeal poles/controllers, shall be located/relocate 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 obj ects. D. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within ''/i 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 north. 10. 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 maybe in divisions and in the order of preference as deteimined 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 proj ect 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. 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 shall 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 name of the State of Iowa. 13. 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. 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 project 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 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 5 such funds are used on a non-Traffic Safety Improvement project. The Recipient shall comply with all requirements for the use of said funds. 17. 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. 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 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. 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 project activities for which reimbursement is requested have been completed in substantial compliance with the terms 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 commitments 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 discrimination and requiring affinnative 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 in 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. 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. 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 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. 8 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2007-TS-017 as of the date shown opposite its signature below. City of Waterloo, Iowa: By: Date 9- 7 , 20jL Title: i-n all 6 r I, Nca,', cy Ecker I certify that I am the Clerk of the City, and that ;m f4L,-r t ey ,who signed said Agreement for and on behalf of the City was duly authorized to execute Abe same by virtue of a formal Resolution duly passed and adopted by the City, on the `7 ►'� day of Ott S 4. 5 � , 20 G L. Signed-�,� Date 9 - 7 , 20 d.- City Clerk of terl , Iowa Iowa Department of Transportation: BY: - Date teve ent Director, Office of Traffic and Safety 9 EXHIBIT A-1 RD: I ~ WATERLOO MUNICI M WATERLOO � Awrucrrat AIRPORT d PROJECT . 18 1.(1CATT(lN RD. SGtI.E OF�aiLES w a w w C 0 1;d 1!2 Sia 1 LINCOLN-STS 3 W.AMANE z z 0 t j M pV ��yyu BA mO 'V•� AAe?ION01� HOw'tot DONALD ST. E. DONALD I ST. r 1} °Y' k 63 l' PARXER ST. ` STREET =: � i d :`C a 1-V t4ER ST.> �•V'y Z 218 -wRr w < `eS FR ,aNC jw" JD '� tJ s Z O tom" CUVE A DR. al AVE. O ST. ? NDEPENDENCE AV_" 4LLS D DpWNWG AVE How U MUNIINGEON RD. useum oV z O _ > '1= H�<hvy and VHC ?� .,s. S .F"+2� oscE JS QN s, t �+b A'5:. ELK R w 9->' _ ,I.UR' 7: 'CtEkT Z .SVE.�t8 (� •. QUF HT� J O O C-rv'�,gy> RD. i!/0� '-ASTONz =AVE �Q . "'!© �/ RlDG.,WAY AVE: P = „� 'CENTRAL AVE .Rp G �rs� d €' d cbM A c 7EVANSUALE PurnNd'61 C-w cci r Z ��� 3 wCOY RD. mit < 1J iF Ce Mer MARNEN< DR. MURPHY RD. o s 4TH ST NE 00 2 tel•- 0 SHAULIS i RD. OPp 'P'PgCF SHAUEtS RD, O < >e F �OIUNGE RD, C.?.�$ HaWkrvo r 21 c«.M,� a funrye 218 r y 10 EXHIBIT A-2 C. ITEMIZED BREAKDOWN OF COST C.1 ESTIMATED COSTS: ITEM DESCRIPTION ESTIMATED NO. PRICE I REMOVE EXISTING AND INSTALL NEW MAST $16,000 ,ARM POLESWITHLONGER ARM AND LEFT TURN SIGNALS 2 INTERCONNECTION 10,000 3 NEW 10 FT POLE 3500 4 PROGRAMMABLE VISIBILITY SIGNAL HEADS 10,000 5 TRAFFIC CONTROL 2,000 6 CONTINGENCY 1,500 TOTAL: $43,000 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. C. 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 Improvement 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 anaverageof 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. REQ,UIP 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 mere is no TSB participation,then the contractor shall comply with section 7C. of this document prior to the contract award. Page 4 of 5 o o 0 G G w v v o � a� D a � � cd cc 0 3 ' ro Ca a 5 v U E a � q 8 -o .a H o y tl 0.. Y � F• � F. Q F- U E C7 F� w COZ 0 � � w Q ro a Wz € O c .. o U o U U N v� � o c °° o o' ti 10 o F o O V, U c Y o 0 G a o rn o � ti o.on ocoo a � � w �5 s E ... w U a U U S ° 8 Z o