HomeMy WebLinkAboutIDOT 2024-TS-002 - Traffic Safety Improvement - 6.5.2023January 2023
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING
(Site -Specific Improvement)
County Black Hawk
Recipient The City of Waterloo
Project No. CS-TSF-8155(782)--85-07
Iowa DOT
Agreement No. 2024-TS-002
This agreement is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the city of Waterloo, Iowa, hereinafter designated the "Recipient". The
Recipient submitted an application to the DOT for funding through the Traffic Safety Improvement
Program (TSIP) under Iowa Code Section 312.2(11), and the application was approved by Transportation
Commission Order No. SO-2023-38 on December 13, 2022.
Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT
agrees to provide funding to the Recipient to aid in the development of a certain traffic safety
improvement project.
In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree
as follows:
1. Project Information
a. The Recipient shall be the lead local governmental agency for carrying out the provisions of this
agreement.
b. All notices required under this agreement shall be made in writing to the DOT's and/or the Recipient's
contact person. The DOT's contact person shall be the Local Systems Project Development Engineer
and Eastern Region Local Systems Field Engineer. The Recipient's contact person shall be
Mohammad Elahi.
c. The Recipient shall be responsible for the development and completion of the following described
project located in the city of Waterloo:
The construction of a roundabout at Hammand Avenue and Shaulis Road. See Exhibit A-1 for the
location of the project and Exhibit A-2 for the estimated project cost.
d. Project -specific funding stipulations in order for the project to be considered eligible to receive TSIP
funds include:
None.
2. Project Costs
a. Eligible project costs for the project described in Section 1 of this agreement which are incurred after
the effective date of commission approval shall be paid from TSIP funds and other funds as listed
below, subject to the execution of a signed agreement:
TSIP funds: $ 500,000
b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the
actual cost of the TSIP eligible items, whichever is the lesser amount.
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c. If a letting is required, the project shall be let to contract before July 1, 2025, but no earlier than
July 1, 2023. If a letting is not required, project activities shall be initiated prior to July 1, 2025. If any
of these conditions are not met, the Recipient may be in default, for which the Department may
revoke funding commitments. This agreement may be extended for a period of 12 months upon
receipt of a written request from the Recipient at least 30 days prior to the deadline.
d. Project activities or costs considered eligible for TSIP funds are those required by, or integral to, the
safety aspects of the project. Eligible activities include the following: (a) road modernization,
upgrading or reconstruction; (b) intersection improvements; (c) right-of-way purchases; (d) drainage
and erosion control measures; (e) traffic control devices; (f) traffic barriers and other roadside safety
devices; and (g) removal of trees and other fixed objects.
e. Project activities or costs considered ineligible for TSIP 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) contract administration
costs; (d) design and construction engineering and inspection, including construction survey; (e) utility
construction, reconstruction, or adjustment, except as an integral part of a project; (f) sidewalks,
shared -use paths or railroad -highway crossings, except as an integral part of a project; (g)
maintenance or energy costs for traffic control devices or lighting; (h) aesthetic items such as brick
pavers or decorative lighting/signal poles; and (i) expenditures for items not related to the roadway.
For the purposes of this agreement, pavement patching is considered maintenance.
f. If Federal highway funds, Farm -to -Market funds, or other Federal funds are used in combination with
TSIP Funds, the Recipient shall also follow all administrative and contracting procedures which would
normally be used when such funds are used on a non-TSIP project. The Recipient shall comply with
all requirements for the use of said funds.
3. Right of Way and Permits
a. In the event that right-of-way is required for the project, said right-of-way shall be acquired in
accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and
Relocation Assistance. If the project impacts the Primary Road System, the Recipient shall submit
preliminary right-of-way plans to the DOT's Right of Way Bureau 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.
b. The Recipient shall be responsible for obtaining any permits, 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, and/or other construction permits required for the project prior to
the start of construction. Neither the approval of the TSIP application for funding nor the signing of
this agreement shall be construed as approval of any required permit from the DOT.
c. The Recipient shall be responsible for obtaining any environmental permits and approvals, when
necessary, to comply with all environmental regulations.
4. Project Design
a. The Recipient shall develop all project improvements using engineering judgment. The Recipient
shall use the DOT "Design Manual" on projects involving the Primary Road System and/or routes
located on the National Highway System. Projects not on the Primary Road system shall use "A
Policy on Geometric Design of Highways and Streets", (latest edition), by the American Association of
State Highway and Transportation Officials. In all cases the "The Manual on Uniform Traffic Control
Devices for Streets and Highways" (MUTCD), as adopted pursuant to 761 Iowa Administrative Code,
Chapter 130 shall apply.
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5. Bid Letting
a. If the project must be let for bids, then 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 may be in divisions
and in the order of preference as determined by the Recipient.
i. If the Recipient lets the project, 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.
ii. If the project will be let through the Iowa DOT, project development submittals shall follow Local
Systems I.M. 3.010. 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 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.
b. If the Recipient lets the project, as described herein, the Recipient 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 Recipient shall be responsible for obtaining the sales tax exemption
certificates through the Iowa Department of Revenue and Finance. The Recipient 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.
c. If the Recipient lets the project, then 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 B
which is attached hereto and by this reference incorporated into this agreement.
d. If the Recipient lets the project, then 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.
e. The Recipient shall be the contracting authority for the project.
6. Construction and Maintenance
a. The Recipient shall conduct the project development and implementation in compliance with
applicable laws, ordinances and administrative rules.
b. 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.
c. 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.
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d. 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.
e. Upon project completion and 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 primary road
or primary road extension to the DOT's contact person for future maintenance and road design
purposes.
f. 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, operation and energy costs of said
installation or modification.
g.
The Recipient hereby certifies that, for a period of five (5) years following completion of the 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 Traffic and Safety
Bureau. Failure to comply shall be considered a default under the terms of this agreement.
7. Payments and Reimbursements
a. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible project
activities. Eligible and ineligible costs are outlined in Iowa Administrative Code (IAC) 761 Chapter
164, Traffic Safety Improvement Program (see IAC 761-164.6(312) and IAC 761-164.7(312)).
Reimbursement claims shall include certification by a professional engineer licensed to practice in the
State of Iowa that all eligible project activities for which reimbursement is requested have been
completed in substantial compliance with the terms of this agreement. Reimbursement claims shall
not be submitted until after July 1, 2023.
b. The Department will reimburse the Recipient for properly documented and certified claims for eligible
project costs. The Department may withhold up to 5% of the construction costs or 5% of the TSIP
funds available for the project, whichever is less. Reimbursement will be made either by State warrant
or by crediting other accounts from which payment was initially made. If, upon final audit or review,
the Department determines the Recipient has been overpaid, the Recipient shall reimburse the
overpaid amount to the Department. After the final audit or review is complete and after the Recipient
has provided all required paperwork, the Department will release the funds withheld, if any.
c. Upon completion of the project described in this agreement, a professional engineer licensed to
practice in the State of Iowa shall certify in writing to the DOT that the project activities were
completed in substantial compliance with the terms of this agreement. Final reimbursement of TSIP
Funds shall be made only after the DOT accepts the project as complete.
d. The Recipient shall request reimbursement and final payment from the DOT within one year of field
completion of the work. If this condition is not met, the Recipient may be in default, for which the
Department may revoke funding commitments.
e. If the Recipient fails to perform any obligation under this agreement, the DOT shall have the right,
after first giving thirty (30) days written notice to Recipient by certified mail return receipt requested, to
declare this agreement in default. The Recipient shall have thirty (30) days from date of mailing of
notice to cure the default. If the Recipient cures the default, the Recipient shall notify DOT no later
than five (5) days after cure or before the end of said thirty (30) day period to cure default. Within ten
(10) working days of receipt of Recipient's notice of cure, the DOT shall issue either a notice of
acceptance of cure or notice of continued default.
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f. In the event a default is not cured the DOT may revoke funding commitments and/or seek repayment
of TSIP Funds granted by this agreement through charges against the Recipient's road use tax funds.
8. General Provisions
a. This agreement shall be considered to be in default if the DOT determines that the Recipient's
application for funding contained inaccuracies, omissions, errors or misrepresentations.
b. To the extent allowed by law, the Recipient agrees to indemnify, defend and hold the DOT harmless
from any action or liability arising out of the design, construction, maintenance, placement of traffic
control devices, or inspection of this project. To the extent allowed by law, this agreement to
indemnify, defend and hold harmless applies to all aspects of the DOT's application review and
approval process, plan and construction reviews, and funding participation.
c. In accordance with Iowa Code Chapter 216, the Recipient shall not discriminate against any person
on the basis of race, color, creed, age, sex, sexual orientation, gender identity, national origin,
religion, pregnancy, or disability.
d. The Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of
1990 (ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal
regulations that implement these laws.
e. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and
regulations. To assist the Recipient, the Department has provided guidance in the Non -Federal -aid
Project Development Guide (Non -Federal -aid Guide) and the Instructional Memorandums to Local
Public Agencies (I.M.$) that are referenced by the Guide. Both are available on-line at:
https://www.iowadot.gov/local systems/publications/im/Ipa ims.htm. The Recipient shall follow the
applicable procedures and guidelines contained in the Non -Federal -aid Guide and I.M.s in effect at
the time project activities are conducted.
f. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
g.
This agreement is not assignable without the prior written consent of the DOT.
h. It is the intent of both parties that no third -party beneficiaries be created by this agreement.
i. 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.
j•
This agreement, including referenced exhibits, constitutes the entire agreement between the DOT
and the Recipient concerning this project. Representations made before the signing of this agreement
are not binding, and neither party has relied upon conflicting representations in entering into this
agreement. Any change or alteration to the terms of this agreement must be made in the form of an
addendum to this agreement. Said addendum shall become effective only upon written approval of
the DOT and Recipient.
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January 2023
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2024-TS-002 as of the
date shown opposite its signature below.
City of Waterloo, Iowa:
Qtterz-ita �(rr
By:
Title: Mayor
Kelley Felchle
Quentin Hart
Date June 5 20 23
, certify that I am the Clerk of the City, and that
, who signed said Agreement for and on behalf of the City was duly
authorized to execute the same by virtue of a
the 5th day of June
Signed �elTey Fe(ch(e
City Clerk of Waterloo, Iowa
Iowa Department of Transportation:
By: ae vee J Geed
Steve J. Gent
Director,
Traffic and Safety Bureau
formal Resolution duly passed and adopted by the City, on
, 20 23
Date
Date
June 5
6/13
,2023
,20 23
2024-TS-002_Waterloo.docx 6
EXHIBIT A-1
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2024-TS-002_Waterloo
EXHIBIT A-1 ri
Estimate of Costs For
Proposed Roundabout
Shaulis Road -Hammond Avenue Safety Improvements
Waterloo, Iowa
Item No
Descriptio
Unit
Unit Price
Quantity
TSIP
1
Removal of Pavement
SY
$ 16
4,750
76,000
2
Tops Soil Remove, Store, Spread
SY
$ 2
750
1,500
3
Removal of Signs and sign posts
EA
$ 75
7
525
4
Signage
LS
$ 1100
1
1,100
5
PCC Roadway
SY
$ 62
7,500
465,000
6
PCC Shared Use Path
SY
$ 35
500
17,500
7
PCC Shared Use Ramp
SY
$ 50
213
10,625
8
ADA Detectable Surface
SF
$ 90
138
12,375
9
Curb & Gutter
LF
$ 35
4,375
153,125
10
Granular Subbase
SY
$ 8
4,000
32,000
11
Storm Sewer
LS
$ 48,000
1
48,000
12
Sanitary Sewer
LS
$ 36,000
1
36,000
13
Water Main & Fire Hydrant
LS
$ 16,000
1
16,000
14
Pavement Markings High
LS
$ 9,000
3
22,500
15
Roundabout Street Lights
EA
$ 8,000
20
160,000
16
Top Soil
CY
$ 30
500
15,000
17
Seeding
LS
$ 2,500
1
2,500
18
Erosion Control
LS
$ 5,000
1
5,000
19
Traffic Control
LS
$ 50,000
1
50,000
21
Mobilization
LS
$ 15,000
1
15,000
22
Incidentals
LS
$ 20,000
1
20,000
Total
Contingency 10%
TOTAL
ROUNDED TOTAL
$ 1,219,750
$ 121,975
$ 1,341,725
$ 1,350,000
TSIP Funds
$ 500,000
City of Waterloo Local Contribution
$ 850,000
2024-TS-002 Waterloo
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://www.iowaeda.com/small-business/targeted-small-
business/.
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:
https://www. iowadot. gov/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.
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The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts
with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive
efforts and it should be placed in the general project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. The attached "Checklist and Certification." This form shall be filled out upon completion of each
project and forwarded to: Iowa Department of Transportation, Civil Rights Bureau, 800 Lincoln
Way, Ames, IA 50010.
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CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non -Federal -aid Projects (Third -Party State -Assisted Projects)
Recipient: Project Number:
County: Agreement Number:
1. Were the names of qualified TSB firms obtained from the Iowa Economic Development Authority? ❑ YES E NO
If no, explain
2. Were qualified TSB firms notified of project? ❑ YES E NO
If yes, by ❑ letter, E telephone, ❑ personal contact, or ❑ other (specify)
If no, explain
3. Were bids or proposals solicited from qualified TSB firms? L YES _1 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
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