HomeMy WebLinkAboutIowa DOT-Traffic Engineering Agreement-05.27.2008 s'-a2_oS
May 2005 i2-ep 441' *l' 939'
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
URBAN-STATE TRAFFIC ENGINEERING PROGRAM
(U-STEP) PROJECT
City: Waterloo
Project No.: UST-8155(703)--4A-07
Iowa Department of Transportation
Agreement No.: 2-08-USTEP-014
Staff Action No.: 08-0777
This is an agreement between the City of Waterloo, (hereinafter called Recipient) and the Iowa
Department of Transportation (hereinafter called Department) to enter into an agreement for joint
or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to
the laws of the governing bodies involved.
The Department provides funds through the Urban-State Traffic Engineering Program (U-STEP), a
cooperative program for safety or operational improvements on primary road extensions. The
Department has made these funds available for reimbursement and will share eligible
construction and right-of-way costs in the ratio of 55% Department funds to 45% local funds
according to the following schedule:
Department @ 55% $27,291 (Maximum Not-to-Exceed)
City @45% 22,329
Estimated total cost $49,620
The Recipient proposes to develop and complete the following described "spot improvement"
project including installing "Prepare to Stop when Flashing" signs and associated flashing signals
on all 4-legs of the intersection at US 63 and Ridgeway Avenue in Waterloo, Iowa.
Pursuant to the terms of this agreement, applicable statutes, and Administrative Rules, the
Department agrees to provide U-STEP funding to the Recipient for the authorized and approved
costs for eligible items associated with project improvements as described above.
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. City intends to complete installation with local city forces providing all labor and
equipment at rates as per attached schedule. These labor and equipment costs are
considered eligible for reimbursement.
2. City shall provide the Department with quotations and/or bid tabs from at least 3 materials
suppliers and must have Department approval and concurrence of recommended
materials supplier prior to award of contract.
3. The Recipient shall be the lead local governmental agency for carrying out the provisions
of this agreement and shall be responsible for the development and completion of the U-
STEP project.
4. All notices required under this agreement shall be made in writing to the Department and
the Recipient's contact person. The Department's contact person shall be the District 2
Local Systems Engineer. The Recipient's contact person shall be the City Traffic
Engineer.
5. The maximum reimbursable amount for 55% of actual eligible costs for labor, equipment
and materials necessary to complete this project by the Department is not to exceed
U-STEP Agreement
Page 3
6. If any part of this agreement Is found to be void and unenforceable, then the remaining
provisions of this agreement shall remain in effect.
7, This agreement is not assignable without the prior written consent of the Department.
8. This agreement,and the attached Exhibit A and Exhibit B, constitutes the entire agreement
between the Department and the Recipient, No representations, promises, or warranties
have boon made by either party that is not fully expressed in this agreement. Any change
or alteration to the terms of this agreement must be made in the form of an addendum to
this agreement which shall be effective only upon written approval of the Department and
the Recipient.
IN WITNESS WHEREOF,each of the parties hereto has executed this Agreement as of the date
shown opposite its signature below:
City: Waterloo
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By: „ ,. r ����.. Date y t
Title f hrt:ypt /
I, OK:t.•titit_q c k-e tj , certify that I am the Clerk of the city of
Waterloo, and that I�i Yq'1 8 , 1 e,•c .who sigped said
Agreement for and on behalf of the Recipient was duly authorized to execute the same by
virtue of a format resolution duly passed and adopted by the Recipient, on the :`,-?_'.7. day
Y r`2oo
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Signed: \r vCw[:., .. Date rrY%..��r � I t1r�c3+
City Crerk of W terloo, Iowa r
IOWA DEPARTMENT OF TRANSPORTATION
1-iI1 `ivision
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D. riot 2
U-STEP Agreement
Page 2
$27,291.00.
October 2007
EXHIBIT A
Standard Provisions for U-STEP or C-STEP Project Agreements
1. The Recipient shall comply with all provisions of the Equal Employment Opportunity
requirements prohibiting discrimination and requiring affirmative action to assure Equal
Employment Opportunity as required by the Iowa Code Chapter 216. No person shall, on
the grounds of race, creed, color, sex, age, religion, national origin, or handicap/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 Department.
2. 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.
3. The Recipient shall obtain agreements, as needed, from railroad and utility companies and
shall obtain project permits and approvals, when necessary, from the Iowa Department of
Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer), Iowa
Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, the
Department, etc.
4. If right-of-way must be acquired for the project, the Recipient shall negotiate and secure
the necessary right-of-way using the most appropriate of the following methods:
A. When right-of-way is to be acquired, before acquisition procedures are begun, the
Recipient shall meet staff from the Department's Office of Right of Way(ROW)to
assure compliance with the U.S. Code, the Iowa Code, and 761 Iowa Administrative
Code (IAC) Chapter 111; and determine what parcels, if any, are to be acquired in
the name of the Department and what parcels, if any, in the name of the Recipient.
B. Should eminent domain proceedings be required, the Recipient will condemn or
appeal in the name of the Recipient or the Department, whichever applies. The
project letting may not be held until the Recipient has certified that the right-of-way
has been acquired. upon completion of the acquisition for each parcel, all original
documents for the acquisition shall be delivered to and become the property of the
Department.
C. The Recipient will meet with the Department's Office of Right of Way staff to
determine who shall be responsible for demolition and/or property management
functions.
D. In accordance with 761 IAC Section 150.3(1)(b), the Recipient will be responsible
for providing, without cost to the Department or the project, all right-of-way which
involves dedicated streets or alleys, and other Recipient -owned lands, easements,
and rights in land except park lands, subject to the condition that the Department
will reimburse the Recipient for the value of improvements situated on said
Recipient -owned lands if any. The Recipient has apprised itself of the value of
these lands and, as a portion of its participation in the project, voluntarily agrees
to make such lands available without further compensation.
6. The Recipient as well as its contractors, if any, agree to maintain all books, documents,
papers, accounting records, and other evidence pertaining to all costs incurred under this
Agreement and to make such materials available at their respective offices at reasonable
times during the Agreement period and for 3 years from the date of the final payment
under the Agreement, for inspection by the Department.
Exhibit A
Page 2
7. For projects let by the Department, the Recipient shall submit to the District an acceptable
Project Development Certificate (Form 730002), plans, specifications, and cost estimate by
the dates specified in the most current edition of the Critical Path Memorandum published
by the Department. The Recipient shall also follow the Department's letting procedures.
For projects let by the Recipient, the Project Development Certificate, plans,
specifications, and cost estimate shall be submitted to the District at least 2 weeks prior to
advertisement for bids.
8. Upon Department acceptance of the Project Development Certificate, final plans, proposal
forms, specifications, and cost estimate, the Department will give the Recipient a written
notice to proceed with the project. If the project is let by the Recipient, advertisement for
bids shall not be made until .a written notice to proceed is received from the Department.
After receiving the Department's approval, the Recipient shall advertise for bidders, hold a
public letting, and provide adequate supervision for the construction work performed
under the contract. The Recipient shall submit 2 copies of the bid tabulations and the
letting documents to the Department for concurrence prior to formal action in the award of
the contract.
9. 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.
10. The project must be let to contract within 2 years of the date this agreement is approved
by the Department. If not, the Recipient may be in default, for which the Department may
revoke funding commitments. This agreement may be extended for a period of 6 months
upon receipt of a written request from the Recipient at least 30 days prior to the 2 year
deadline.
11. The Recipient will be responsible for the initial costs of the construction. The Recipient
shall prepare and submit to the Department a detailed billing statement of materials,
installation, and construction costs incurred by the Recipient. Billing statements may be
submitted periodically during progress of the work. Design, inspection, and
administration costs will be the responsibility of the Recipient. If said statement and
documentation are in proper form, the Department will promptly reimburse the Recipient
for eligible project costs, taking into account the limitations as stated in the agreement.
12. Signs and other traffic control devices necessary for construction of the project shall be in
accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways
(MUTCD) per 761 IAC Chapter 130. The safety of the general public shall be assured
through the use of proper protective measures and devices such as fences, barricades,
signs, flood lighting, and warning lights as necessary.
13. If a detour is necessary, the Recipient will designate and sign the route at no cost to the
project. The Department will cooperate if primary highways are involved.
14. Parking shall be prohibited on the minor street approaches for a distance of 35 feet in
advance of the stop signs and/or crosswalks and on the exit sides of the minor streets for
a distance of 35 feet beyond The stop signs and/or crosswalks. These parking restrictions
shall go into effect at such time as the project is completed and opened to through traffic.
15. Upon completion of the project, the Recipient's engineer will certify that the project was
completed in substantial compliance with the plans and specifications set out in this
agreement before receiving final reimbursement of Department funds.
Exhibit A
Page 3
16. The Recipient shall provide to the Department 3 copies of the "as-built" project plans,
within 6 months after the project is built.
17. The Recipient shall have ownership of traffic signals constructed with this project and
shall operate them at its expense so long as signal protection is considered by either party
as necessary at said location. If considered by both parties as no longer necessary at said
location, the signals are to be removed by the Recipient at the Recipient's expense, and
may be installed at another location acceptable to both parties and shall be owned and
operated at the expense of the Recipient.
18. The Recipient shall submit a final detailed billing statement to the Department no later
than 1 year after the date the Department concurs in the acceptance of the completed
construction. If the Recipien does not submit a final detailed billing statement to the
Department with in a 1 year period after work is completed, the Department will close the
project's financial records w thout making additional reimbursement to the Recipient,
unless a time extension is requested. The time extension should be requested in writing
by the Recipient and approved by the Department, at least 30 days prior to the 1-year
deadline.
19. The Recipient agrees to indemnify, defend, and to hold the Department harmless from any
action or liability arising out of the design, construction, maintenance, placement of traffic
control devices, inspection, or use of this project. This agreement to indemnify, defend,
and hold harmless applies to all aspects of the Department's application review and
approval process, plan and construction reviews, and funding participation.
20. 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 10 days notice to the other party of their intent to
seek arbitration. The written notice must include a precise statement of the dispute. The
Department 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.
November 2005
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 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.
November 2005
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.
November 2005
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
November 2005
Signature Date
US 63 & RIDGEWAY AVENUE, WATERLOO
ITEM ESTIMATED HOURLY TOTAL ITEM
HOURS RATE PRICE
LABOR
SIGN, SIGN POSTS INSTALLATION (SIGN TECH) 6 $29.63 $177.78
INSTALL BEACON/WIRELESS/ RADIO/SOLAR
ASSEMBLY(ELECTRICIAN) 12 $30.00 $360.00
CABINET MODIFICATION (SIGNAL TECH) 36 $33.43 $1,203.48
TRAFFIC CONTROL (SIGN TECH) 6 $29.63 $177.78
TOTAL LABOR $1,919.04
EQUIPMENT
POST HOLE DIGGER 9 $10.00 $90.00
TOTAL EQUIPMENT $90.00
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