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HomeMy WebLinkAboutIDOT Cooperative Agreement - 5.1.2023January 2023 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Black Hawk Waterloo NHSX-063-6(96)--3H-07 2023-16-082 This Agreement is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT," and the city of Waterloo, Iowa, a Local Public Agency, hereinafter designated the "LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4, as applicable; The LPA proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided; and The LPA and the DOT previously entered into the following agreement(s) for the above referenced project: Agreement No. 2015-4-115 for preliminary engineering for U.S. 63 reconstruction was executed by the DOT and LPA on June 15, 2007 and May 29, 2007, respectively; Agreement No. 2015-4-115 for preconstruction was executed by the DOT and LPA on September 29, 2016, and September 29, 2015, respectively; Agreement No. 2015-1-029 for right of way acquisition for reconstruction of U.S. 63 from Jefferson Street to Franklin Street was executed by the DOT and LPA on August 25, 2014, and August 18, 2014, respectively: Agreement No. 2010-16-204 for reconstruction of U.S. 63 from Frankling Street to Newell Street was executed by the DOT and LPA on December 28, 2010, and December 6, 2010, respectively; Agreement No. 2008-16-190 for reconstruction of U.S. 63 from Newell Street to Donald Street was executed by the DOT and LPA on May 24, 2010, and April 26, 2010, respectively; Agreement No. 2006-16-163 for preliminary engineering for U.S. 63 reconstruction was executed by the DOT and LPA on June 15, 2007 and May 29, 2007, respectively and This Agreement reflects the current concept of this project which is subject to modification only by mutual Agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The LPA 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 LPA's contact person. The DOT's contact person shall be Nick Humpal, Assistant District Engineer. The LPA's contact person shall be Jamie Knutson, City Engineer. c. As developed with the LPA project, the DOT shall be responsible for widening the sidewalk 3 feet south from Logan Avenue to pedestrian tunnel and the expansion of gravel access to US 63 pump station near the railroad from the newly widened sidewalk. Maintenance of said improvements will be addressed in a future maintenance agreement. 2023-16-082 Waterloo.docx 1 January 2023 d. The LPA shall be responsible for the development and completion of the following described primary highway project: Portland Cement Concrete (PCC) sidewalk trail in city of Waterloo on US 63 from Parker Street south to Washington Street. 2. Project Costs a. The LPA shall bear all costs except those specifically allocated to the DOT under the terms of this Agreement. b. The DOT shall contribute an estimated $11,970, toward the project costs. See Exhibit A. 3. Environmental, Right of Way, Permits and Other Requirements a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work Within the Right of Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit, Application for Approval of a Traffic Control Device, or other construction permits required for the project prior to the start of construction. Neither the approval of funding nor the signing of this Agreement shall be construed as approval of any required permit from the DOT. b. If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right of way. c. If the project requires utility relocations, subject to the approval of and without expense to the DOT, the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which shall interfere with construction of the project and the clear zone. All utility relocations shall be accomplished in accordance with the DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115. d. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the FIS is modified, amended or revised in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall promptly provide notice of the FIS to the DOT. 4. Project Design a. The LPA or its consultant shall be responsible for the design of all proposed improvements. b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a Professional Engineer licensed to practice in the State of Iowa. c. All proposed highway or street improvements shall be designed using the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition), or other equivalent generally recognized engineering or safety standard, criteria, or design theory. 2023-16-082 Waterloo.docx 2 January 2023 d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa Administrative Code, Chapter 130. 5. Bid Letting a. The plans, specifications and other contract documents for each division must be submitted at least fourteen weeks prior to the project letting of each division. b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with applicable laws, ordinances, and administrative rules. The LPA 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 LPA shall provide the DOT file copies of project letting documents within five (5) days after letting. c. The LPA shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The LPA shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The LPA shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. d. The LPA shall be the contracting authority. 6. Construction & Maintenance a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a daily log of materials, equipment, and labor used on the project. b. The LPA shall comply with the procedures and responsibilities for materials testing and construction inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction Manual. If requested, the DOT may, at its discretion, be able to perform some testing services. If performed, the DOT shall bill the LPA for testing services according to its normal policy. c. The work on this project shall be in accordance with the approved plans and specifications. Any substantial modification of these plans and specifications must be approved by the DOT prior to the modification being put into effect. d. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) shall remove or cause to be removed all encroachments or obstructions in the existing primary highway right of way. The LPA shall also prevent the erection and/or placement of any structure or obstruction on said right of way or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. e. With the exception of service connections, no new or future utility occupancy of project right of way, nor any future relocations of or alterations to existing utilities within said right of way (except service connections), shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. f. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval of the DOT. 2023-16-082 Waterloo.docx 3 January 2023 g. After the project construction is complete and prior to final acceptance of the project by the DOT, the LPA shall furnish three sets of "as -built" plans to the DOT's contact person. h. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. 7. Traffic Control a. U.S. 63 through -traffic shall be maintained during the construction. b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761 Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the use of proper protective measures and devices including but not limited to fences, barricades, signs, flood lighting, and warning lights as necessary. 8. Payments and Reimbursements a. The LPA shall be responsible for making initial payments to the consultant(s) and contractor(s) for all project costs incurred in the development and construction of the project. After payments have been made, the LPA 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 paid in full and completed in substantial compliance with the terms of this Agreement. b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project activity costs. The DOT may withhold up to 5% of the Federal and/or state share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit the DOT determines the LPA has been overpaid, the LPA shall reimburse the overpaid amount to the DOT. After the final audit or review is complete and after the LPA has provided all required paperwork, the DOT shall release the Federal or state funds withheld. c. Upon completion of the project, 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 state and/or Federal funds shall be made only after the DOT accepts the project as complete. 9. General Provisions a. The LPA shall maintain records, documents, and other evidence in support of the work performed under the terms of this Agreement. All accounting practices applied and all records maintained shall 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 and/or the Federal Highway Administration (FHWA), or their designees, at all reasonable times. The LPA shall provide copies of said records and documents to the DOT upon request. The LPA shall also require its contractors to permit authorized representatives of the DOT and/or the FHWA to inspect all work materials, records, and any other data with regard to Agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment/modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT shall notify the LPA of the record retention date. b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not discriminate 2023-16-082 Waterloo.docx 4 January 2023 against any person on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin, religion, pregnancy, or disability. c. The LPA shall use positive efforts to solicit proposals or bids from and to utilize Targeted Small Business (TSB) enterprises as consultants or contractors and ensure that the consultants or contractors make positive efforts to utilize these enterprises as subconsultants, subcontractors, suppliers or participants in the work covered by this Agreement. Efforts shall be made and documented in accordance with Exhibit B which is attached hereto and by this reference incorporated into this Agreement. d. The LPA agrees to indemnify, defend and hold harmless the DOT from any action or liability arising out of all design, construction, maintenance, placement of traffic control devices, inspection, operation, and use of the improvements resulting from 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. 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. This Agreement is not assignable without the prior written consent of the DOT. g. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. h. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this project. All previously executed agreements shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. 2023-16-082 Waterloo.docx 5 January 2023 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2023-16-082 as of the date shown opposite its signature below. CITY OF WATERLOO: By: Own -Eta 9%crE Date May 1 20 23 Title: Mayor Kelley Felchle , certify that I am the Clerk of the City, and that Quentin Hart who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of May 1 20 23 Xerrey Fetch(,e Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20 . E. Jon Ranney District Engineer District 2 2023-16-082 Waterloo.docx 6 EXHIBIT A Cost Estimate for DOT participation 57 SY 6" Sidewalk $5,700 62 CY Granular Surfacing $4,650 62 CY Class 10 Waste $620 Miscellaneous $1,000 TOTAL: $11,970 2023-16-082 Waterloo EXHIBIT B 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 Bureau. 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. Form 260017 "Checklist and Certification for the Utilization of TSBs" shall be filled out upon completion of each project, and sent to Iowa Department of Transportation, Civil Rights Bureau, 800 Lincoln Way, Ames, IA 50010: https://forms. iowadot.gov/FormsMgt/External/260017. pdf. 2023-16-082 Waterloo