HomeMy WebLinkAboutIowa Department of Transportation-Grant Agreement-05.14.2007 41,a a-UU7 '-34-115
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
(Site Specific Improvement)
RECIPIENT: Waterloo, Iowa
COUNTY: Black Hawk
PROJECT NO.: CS-TSF-8155(699)--85-07
AGREEMENT NO.: 2008-TS-013
This is an agreement between Waterloo,Iowa (hereinafter referred to as Recipient)and the Iowa
Department of Transportation(hereinafter referred to as the DOT).The Recipient submitted an
application to the DOT for funding through the Traffic Safety Improvement Program under Iowa
Code Section 312.2(15),and the application was approved by Transportation Commission Order No.
H-2007-54 on, February 13, 2007.
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:
Overhead advance lane assignment signs will be added along with
appropriate pavement markings on West 4th Street in advance of its
intersection with Allen Street in Waterloo,Iowa. See Exhibit A-1 for the
location of the project and Exhibit A-2 for the estimated project cost.
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4. Eligible project costs for the project described in paragraph 3 of this agreement which are
incurred after the effective date of Commission Approval shall be paid from Traffic Safety
Improvement funds and other funds as listed below, subject to the execution of a signed
agreement:
Traffic Safety Improvement Funds: $22,000
5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not
exceed the amount stated above ($22,000) or the actual cost of the Traffic Safety
Improvement eligible items, whichever is the smaller amount.
6. 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.
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.
7. The Recipient shall initiate project activities in a timely manner. The proposed project
completion date is December 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.
8. A clear zone will be established as part of this project. The clear zone to the face of the
pole(s) for the overhead lane assignment signs shall be 10 feet from back of curb. The
DOT Office of Traffic and Safety may approve exceptions on a case-by-case basis.
9. On West 4th Street,the overhead lane assignment assembly shall be placed at least 175 feet in
advance of the intersection with Allen Street. The curb lane for the left-turn vehicles shall
have a sign over it indicating left-turn or through traffic. The next lane in shall have a sign
over it designating it as a through lane only. There will also be a set of painted markings in
advance of the intersection in each lane showing the same message as the overhead signs.In
addition,on West 4th Street,there will be an advance sign indicating Allen Street as the next
intersection placed just past the prior intersection or 400 feet in advance of Allen Street.
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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 determined 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
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 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.
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
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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
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.
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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.
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. 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 sections 422.42(15),422.42(16)and 422.47. 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.
29. 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.
30. 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 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.
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31. 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.
32. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
33. This agreement is not assignable without the prior written consent of the DOT.
34. It is the intent of both parties that no third party beneficiaries be created by this agreement.
35. 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.
36. 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.
37. This agreement as set forth in paragraphs 1 through 37 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.
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IN WITNESS WHEREOF,each of the parties hereto has executed Agreement No.2008-TS-013 as
of the date shown opposite its signature below.
City of Waterloo, Iowa:
By: . — Date /')'lay /' , 2067 .
Title: Mayo
I, Nan c. EGKe. -f , certify that I am the Clerk of the City, and that
m �y r/-.e y ,who signed said Agreement for and on behalf of the City was duly
authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the
City, on the /V day of YYlay , 20 67 .
Sig C Date 11101, 1 q , 2007
City Clerk of at , Iowa
Iowa Department of Transportation:
By: 7P6' Date � , 206 9/ .
Steve Gent
Director,
Office of Traffic and Safety
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EXHIBIT A-1
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EXHIBIT A-2
C. ITEMIZED BREAKDOWN OF COST FOR BOTH RAMPS
C.l ESTIMATED COSTS:
ITEM DESCRIPTION ESTIMATED
NO. COSTS
1 MAST ARM POLE AND SIGNS FURNISH AND 14,000
INSTALL
2 PAVEMENT MARKINGS EPDXY 3,000
TRAFFIC CONTROL 2,000
4 CONTINGENCY 3,000
TOTAL: $22,000
Note: All new or relocated appurtenances will be outside clear zone; all other existing
fixtures are assumed to remain at their current location.
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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.
e. 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.
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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 12
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.iowa.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.
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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 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 7, NO
If no, explain
4. Was a goal or percentage established for TSB participation? YES 7, NO
If yes, what was the goal or percentage?
If no, explain why not:
5. Did the prime contractor or consultant .Ise 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
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