HomeMy WebLinkAboutIowa DOT-Commercial Services Vertical Infrastructure-08.06.2007 aoa? , 5d
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT
FOR THE FISCAL YEAR 2008
COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM
This AGREEMENT is made between the Iowa Department of Transportation called the "Iowa
DOT"and City of Waterloo, hereafter the"SPONSOR".
1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and
obligations for accomplishment of certain improvements at the
Waterloo Regional Airport Airport, hereafter the"Airport".
Improvements shall consist of:
Renovate hangars, renovate maintenance building, construct airport
entrance sign, and renovate FBO building, as more clearly defined in the
project application.
It shall be referred to as the"Project"and shall be identified by
project number: 9I080AL0200
contract number: 8653
2.0 GENERAL PROVISIONS
2.01 The SPONSOR shall have the project under contract no later than 12 months after the
date of the agreement or the Iowa DOT reserves the right to revoke this grant.
2.02 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not
to exceed the maximum amount payable of$109,067, incurred according to the terms of
this agreement. Reimbursement will be made in whole dollar amounts only, rounded
down. Final payment request may include documentation of unreimbursed amounts due
to rounding. Final reimbursement will be made up to the contract amount in whole
dollars.
2.03 All projects meeting the definition of public improvements shall follow the competitive
bid and competitive quotation procedures for vertical infrastructure as identified in
Chapter 26 of the Code of Iowa and 761 Iowa Administrative Code Chapter 180.
(http://www.legis.state.ia.us/Rules/Current/iac/761iac/t180/t180.pdf)
• Competitive bid procedures for all projects greater than $100,000.
• Competitive quotation procedures for airport authorities and city sponsors with
populations greater than 50,000 for projects between$57,000 and$100,000
• Competitive quotation procedures for airport authorities and city sponsors with
population of 50,000 or less for projects between$40,000 and$100,000,
• Informal local procedures for projects less than the thresholds identified for
competitive quotations.
The SPONSOR shall follow requirements of the Iowa Code Section 544A.18, 193B Iowa
Administrative Code Chapter 5, Chapter 542B of the Code of Iowa, and 193C
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Administrative Code Chapter 1 to determine when professional engineering or
architectural plans and specifications must be used.
2.04 Should the SPONSOR fail to comply with any Condition or Assurance provided herein,
the Iowa DOT may withhold further payment and may require reimbursement of any or
all payments made by the Iowa DOT toward accomplishment of the Project.
2.05 The Iowa DOT shall not waive any right of authority by making payments pursuant to this
agreement, and such payments shall not constitute approval or acceptance of any part of
the Project.
2.06 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable
to, any third parties by reason of this agreement.
2.07 If any provision of this agreement is held invalid, the remainder of this agreement shall
not be affected thereby if such remainder would then continue to conform to applicable
law and the intent of this agreement.
2.08 The Iowa DOT shall determine what costs charged to the project account are eligible for
participation under the terms of this agreement and the SPONSOR shall bear all
additional costs accepted and paid.
2.09 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the
right to enforce, and may require the SPONSOR to comply with, any and all Conditions
and Assurances agreed to herein.
2.10 The Iowa DOT's obligations hereunder shall cease immediately,without penalty of
further payment being required, in any year for which the General Assembly of the State
of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the
Iowa DOT's obligations hereunder shall cease immediately without penalty of further
payment being required at any time where there are not sufficient authorized funds
lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give
the SPONSOR notice of such termination of funding as soon as practicable after the Iowa
DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such
notice, the SPONSOR may terminate this agreement or any part thereof.
2.11 The SPONSOR is the contracting agent and, as such, retains sole responsibility for
compliance with local, state and federal laws and regulations related to accomplishment
of the Project. The sponsor shall ensure compliance with Title VI of the Civil Rights Act
of 1964, 78 STAT. 252, 42 U.S.C. 2000d-42 U.S.C. 2000d-4, and all requirements
imposed by or pursuant to Title 49, Code of Federal Regulations, Department of
Transportation, Subtitle A, Office of the Secretary, Part 21 —to the end that no person in
the United States shall, on the grounds of race, color, or national origin,be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination
under any program or activity receiving financial assistance from the Iowa DOT.
2.12 The attached Exhibit A, "Utilization of Targeted Small Business(TSB) Enterprises on
Non-Federal Aid Projects (Third-Party State Assisted Projects),"will apply and is hereby
made a part of this Agreement.
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2.13 Funding will be available for reimbursement of the project for three fiscal years after the
date of the agreement, unless appropriations are withdrawn under 2.10. Assurances in
this agreement remain in full force and effect for a period of 20 years from the date of the
agreement.
3.00 PROJECT CONDITIONS
3.10 The SPONSOR Agrees to:
(a) Let contracts according to provisions Chapter 26 of the Code of Iowa and preside
at all public hearings occasioned by the Project.
(b) Contract for all professional and construction services as needed.
(c) Establish and maintain a project schedule, to preclude unnecessary construction
delays and to assure minimum inconvenience to the public.
(d) Submit to the Iowa DOT a Request for Reimbursement form, copies of invoices,
and proof of payment for reimbursement. Progress payments are allowed.
(e) Inspect work and equipment, test materials, and control construction to ensure that
the design intent of the plans and specifications is achieved.
(g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access
to review the completed project.
(h) Retain all records relating to project cost, including supporting documents, for a
period of three(3)years following final payment by the Iowa DOT, and to make
such records and documents available to Iowa DOT personnel for audit.
4.00 SPECIAL PROVISIONS
4.01 The Project is for the sole purpose and use of aviation related activities and must be
owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with
this grant to activities unrelated to aviation.
5.00 SPONSOR ASSURANCES
By authorizing execution of this agreement the SPONSOR hereby certifies that:
5.01 It will not enter into any transaction which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the assurances made herein, unless by such
transaction the obligation to perform all such covenants are assumed by another public
agency.
5.03 It will not dispose of or encumber its title or other interests in the site and facilities during
the 20-year period of this agreement.
5.04 It will operate and maintain in a safe and serviceable condition the Airport and all
facilities thereon and connected therewith which are necessary to service the aeronautical
users of the Airport and will not permit any activity thereon which would interfere with
its use for airport purposes.
5.05 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition
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and retention of easements or other interests in or rights for the use of land or airspace
and by the adoption and enforcement of zoning regulations,prevent the construction,
erection, alteration, or growth of any structure, tree, or other object in the approach areas
of the runways of the Airport, which would constitute an obstruction to air navigation
according to the criteria or standards prescribed in Section 77.23 as applied to Section
77.25,Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not
erect or permit the erection of any permanent structure or facility that would interfere
materially with the use, operation, or future development of the Airport, or any portion of
a runway approach area in which the Sponsor has acquired, or hereafter acquires.
5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of
this covenant(but without limiting its general applicability and effect), the SPONSOR
specifically agrees that it will keep the Airport open to all types,kinds, and classes of
aeronautical use on fair and reasonable terms without unlawful discrimination between
such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the Airport as may be
necessary for the safe and efficient operation of the airport. The SPONSOR may also
prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such
action is necessary for the safe operation of the Airport or necessary to serve the civil
aviation need of the public.
5.07 It will operate the Airport on fair and reasonable terms, and without unjust
discrimination. In furtherance of the covenant (but without limiting its general
applicability and effect,) the SPONSOR specifically covenants and agrees:
(a) That in its operation and the operation of all facilities on the Airport, neither it nor
any person or organization occupying space or facilities thereon will discriminate
against any person or class or persons by reason of race, color, creed, or national
origin in the use of any of the facilities provided for the public on the Airport.
5.08 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan.
The SPONSOR will not make or permit the making of any changes or alterations in the
Airport or any of its facilities other than in conformity with the airport layout plan, if such
changes or alterations might adversely affect the safety, utility, or efficiency of the
Airport.
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6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement
the SPONSOR authorized the undersigned to execute this agreement.
�
Signed this G da
SPONSOR. y of A., a0o 7 , on behalf of the
By:
� Attested:
Title: yv r Title: C i / y C/. r k
Signed this day of , , on behalf of the
Iowa Department of Transportation.
By:
III
Michelle F. McEnany
Director
Office of Aviation
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Exhibit A
June 2004
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
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 it is the responsibility of the recipients of state funds to help
finance projects to make a positive effort to solicit bids from and to utilize TSBs 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.
The Recipient's "positive efforts" should include, but not be limited to:
1. Obtaining the names of qualified TSB contractors from the Iowa Department
of Inspections and Appeals (515-281-7357) or from its website:
www.iowa.net/iowa/dia/tsb.
2. Notifying qualified TSBs of proposed projects involving state-assisted funding.
Notification should be made in sufficient time to allow the TSBs to participate
effectively in the bidding process.
3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs
the availability of subcontract work.
4. Including in the bid proposals for state-assisted projects, 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.
5. Ensuring that the awarded contractor has and shall follow the contract
provisions. The Recipient is encouraged to establish goals or percentages to
achieve TSB participation in these projects. Contract goals may vary
depending on the type of project, the projects sub-contractible items, the type
of service or supplies needed for the project, and the availability of qualified
TSBs in the area.
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone
with any TSBs. Such documentation can be used to demonstrate the Recipient's
positive
contacts
efforts
and it should be placed in the general project file. p positive efforts
2. Bidding proposals noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs
or projects covered by this agreement. for the project
4. The attached "Checklist and Certification" form shall be filled out upon completion
project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts, 800 i each
Way, Ames, Iowa 50010. Lincoln
me 2004 CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS(TSB)
ON NON-FEDERAL AID PROJECTS(THIRD-PARTY STATE-ASSISTED PROJECTS)
CITY: PROJECT NUMBER:
COUNTY: AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals?
YES NO
If no,explain
2. Were qualified TSBs notified of project? YES NO
If yes,by letter ,telephone ,personal contact ,other
If no,explain
3. Were bids solicited from qualified TSBs? YES NO
If no,explain
4. Was a goal or percentage(%)established YES NO
for TSB participation?
If yes,what was the goal or percentage(%)
If no,explain why not
5. Did the prime contractor use positive efforts to YES NO
utilize TSBs on subcontracts?
If no,what action was taken by County/City
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the City/County
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Was the goal or percentage(%)achieved? YES NO
If no,explain
I certify that the COUNTY/CITY(circle one)used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEER/MANAGER DATE