HomeMy WebLinkAboutIowa Department of Transportation-3/28/2016January 2016
Please return this copy to:
City Clerk & Finance Dept.
715 Mulberry St.
Waterloo, IA 50703
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT: FOR TRAFFICSAFETY IMPROVEMENT PROGRAM FUNDING
(Site -Specific Improvement)
County
Recipient
Project No.
Iowa DOT
Agreement No.
Black Hawk
Waterloo
CS -TSF -8155(749)--85-07
2017 -TS -008
This agreement is entered'into.by and between the Iowa Department of Transportation, hereinafter
designated the "DOT;:and thecity 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 lowa.Code Section 312.2(11), and the application was approved by Transportation
Commission Order No. H-2016-37:on, December 8, 2015.
Pursuant to the terns:dithis.agreementyand 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 theforegoing andthemutual promises contained in this agreement, the parties agree
as follows:
1. Project Information
a. The Recipient shall' :be'the lead localgovernmental 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 DO.T''acontact person shall be the District 2 Local Systems Engineer in Mason
City, Iowa. The Recipient's contact person shall be Mohammad Elahi, Traffic Engineer.
c. The Recipient shall ibe:responsible for thedevelopment and completion of the following described
project located in the city/of Waterloo:
Installation of one. signal head overreach lane on 5th and 6th Streets and installation of vertical and
horizontal signsehforcing lane assignments. See Exhibit A-1 for the location of the project and
Exhibit A-2 for the•estimated'project cost.
2. Project Costs
a. Eligible project bostsifdrthe project described in Section 1 of this agreement which are incurred after
the effective date ofCommission Approval shall be paid from TSIP Funds and other funds as listed
below, subjecttothe:execution:df:a signed agreement:
TSIP Funds: $484000
b. The portion of the total,projectcosts,paid-by TSIP shall not exceed the amount stated above or the
actual cost of the TSIP.,eligible items, whichever is the smaller amount.
c. If a letting is required,-.tha,:projectshall be let to contract within 2 years of the date this agreement is
approved by the Department: 1f a. -letting is not required, construction on the project shall begin within
2 years of the date this agreement,is approved by the Department. If neither condition is met, the
Recipient may be.in default, for which'theDepartment 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.
2017 -TS -006 Waterloo.docx
January 2016
d. Project activities or:costs eligible'foKISlPfvnds indlude only the following: (a) road modernization,
upgrading or reconstruction; (b) bridge andtculvert,mpdernization, replacement or removal; (c) road
intersection and interchange improvementincluding 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; and;(i).other,construction=activities directly related to or required by the safety project.
e.Project actin+ities.pr�ccists�dnetigible>fior:TSIPrfuiodsinc ude, but are not limited to, the following: (a) any
and all costs incurred -prior to commission:approval offunding; (b) routine maintenance of a road,
street, bridge, culvert ortraffic 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) sidewalk's; bicycle paths or railroad -highway crossings, except as
an integral part:of the project; and (h) expenditures for items not related to the roadway.
f. If Federal highway funds, Farm -to -Market funds,,of,.otherfederal 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 nori-TSIP project. The Recipient shall comply with
all requirementsforthe.use:of<said funds.
3. Right of Way and. Permits
a. In the eventahatright-of-way is required for the<prgject isaid right-of-way shall be acquired in
accordance with 761 Iowa Administrative.;Code Chapter 111, Real Property Acquisition and
ReIocatioaAssistance:, iftheproject.inipacts. he Primary Road System the Recipient shall submit
preliminayright-of-way:plans:to the DOT's'Office of:Right of Way for review and approval prior to the
commencement of any acquisition:: Additionally, ifsaid right-of-way is for an improvement to the
Primary Road System; itshalf beacquired initherame of the State of Iowa.
b. The Recipient shall beresponsible for obtaining any;perniits, such as the Work Within the Right -of -
Way Permit, Access Connection/EntranceiPermit, Utility Accommodation Permit, Application for
Approval ofa Traffic: Control Device, and/or other construction permits required for the project prior to
the start of construction. Neithefthe approval of the TSIP:application for funding nor the signing of
this agreement.shall be constrdedas 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 Recipientshall develop all project improvementsiusing good engineering judgment. The
Recipient shall: use the;DOT:"Design.. Manual" on:prpjects1nvolving the Primary Road System and/or
routes located on the National,HighwaySystern.l:Projects:not on the Primary Road system shall use
"A Policy on?Geometric"Desigmof Highways and"Streets, (latest edition), by the American
Association.:dfStateHighwayandTransportationOfficials. In all cases the "The Manual on Uniform
Traffic Cori'trcil DevicesforStreeterand Nighways'-,(MUSCD), as adopted pursuant to 761 Iowa
AdministrativeiCcde,Chapter 13t)shalhapply.
b. For projects:which include the-installation:ormedification of traffic signal systems, the following shall
apply:
i. There will bea minimum of one mast -arm mounted signal head with back plate for each incoming
througn•or left -turn lane. In addition there:will:be:one signal head, side of pole mounted, on the far
right side pole: All:vehicle signal'lenses shall' be.12-inch. The positioning of signal faces and the
signal indications for left -turn movements shall be in accordance with current adopted MUTCD.
2017 -TS -00a Watetlao.docx _. 2
January 2016
ii. Combination signal/lighting pole shall be used to minimize the number of fixed objects.
iii. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic
signals if there are two or more other signal installations within Yz mile of the subject access to
provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of
Traffic & Safety.
iv. Pedestrian activated signals shall be provided for all pedestrian movements and timed in
accordance with the MUTCD.
v. The concrete pad for the controller shall extend no more than 4 inches above the ground line.
vi. Where the distance from the stop bar to the signal indication is in excess of 180 feet, there shall
also be a near side signal head.
vii. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph.
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. 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. If the
project will be let through the lowaDOT, project development submittals shall follow Local Systems
I.M. 3.005. 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 accordancewith 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. 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
2017 -TS -00a Waterioo.docx 3
January 2016
a. The Recipient Shall conduct'the project .development and implementation in compliance with
applicable .laws;':ordinances<and;;adminiStrative.rules.
b. The Recipient shalt be responsibleforthe daiIyinspection 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``lacceptedhaccounting-.prineiples.and procedures. Documentation shall be
made availablaforanspectiomand 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 Recipientshall provide copies of said records and
documents'to:the DOT upon:request.
d. The Recipient shall notify the DOT's icontactperson of the,date that construction begins and the date
that the projectIls substantially con plete(i.e ,.when: the road is re -opened to traffic).
e. The Recipient shall require its .contradtors to::perr"nitth'e.DOT authorized representative to inspect all
work materials; records; and'.anyiotherdatawith regard ta;agreement related costs, revenues and
operating sources.
f. Upon projectcompletion.and .'prior tofinalreimbursement for the project, the Recipient shall furnish
three sets of;'+as4built":plansfforany:pettioltaf the;project which is on or intersects any primary road
or primary road:extensionab.the DOT"stcontact personrfor.future maintenance and road design
purposes.
g. If this projectequires the installatiomtformodiflcatiodtto a traffic control signal system, the Recipient
shall be responsible forall;futureawnership;+;maintenance, operation and energy costs of said
installatio ntrimodifl ratio n.'
h. The Recipient hereby'certifiesthat,:for,a;period,,of;ten110) years following completion of project and
receipt of final?paymentfonthe&DOT-thereshall:be no modifications in the geometric features, the
construction features, orthe access:managementifeatures`(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 and Safety.
Failure to comply shall be considered a default under the terms of this agreement.
7. Payments and Reimbursements
a. The Recipient rnaysubmit tote DOT.=periodic itemized claims for reimbursement for eligible project
activities. Eligible: and inehgible.costs are -.outlined in Iowa Administrative Code (IAC) 761 Chapter
164, Traffic`eafetyilmprovementProgram (seerIACi:761-164.6(312) and IAC 761-164.7(312)).
Reimbursement'ctaimsshallIincludecertification by:a professional engineer licensed to practice in the
State of lowa"thatjall etigib'teiprojebtaotkiihes forwh'ich:reimbursement is requested have been
completediinawbstantiahcampliance:VJiththe'terms of this agreement.
b. The DepartMentimillireimbursditheRetipientforprOpetly.,documented and certified claims for eligible
project costs" The Departmentmayrwithhoid,up>td.5% Iof the construction costs or 5% of the TSIP
funds available.for;;the;prpject,*whicheveriis°less:Reimbursement will be made either by State warrant
or by crediting:other.accountsimmrWhichipayment.was initially made. If, upon final audit or review,
the Departmentdeterminesthe Recipient has been `oJerpaid, the Recipient shall reimburse the
overpaid amount to theDepartment. After the.final audit or review is complete and after the Recipient
has provided.allrequired.paperwork;fhe Department Will release the funds withheld, if any.
2017 -TS -008 Waterloo.docx -4
January 2016
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.
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.
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. 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 parties that no third party beneficiaries be created by this agreement.
h. 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.
i. 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.
2017 -TS -008 Waterloo.docx 5
January 2016
j.
This agreement'iincluding;referenced eihibits constitutes the entire agreement between the DOT
and the Recipient concerning:Qhis 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 tothis-agreement.:Said addendum shall become effective only upon written approval of
the DOT and:Recipient.
2017 -TS -00a watefloo.docx
January 2016
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2017 -TS -008 as of the
date shown opposite its signature below.
City of Waterloo, Iowa:
By: 1 Date 4 z in 2-8 , 20
Title:
I, S u S c --.a , certify that I am the Clerk of the City, and that
9 art -k -( r) 14-6_1,--t-- , 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 ‘4"--\ day of K0.r , 20 b .
Signed Date N r A 18 , 20 1 .
City Clerk of Waterlog¢, Iowa
Iowa Department of Transportation:
By:
teve J. Gen
Director,
Office of Traffic and Safety
Date f' � , 20 /t .
2017-TS-008_Waterloo.docx 7
EiHIBIT A-1
':i2Project Location]
5th'&I 6th Streets Proposed Safety Improvements Location
Waterloo, Iowa
SeuaasEsri, HERE. Del.
,1i5G5. InlamSWih nlY!1Frale
Corp NRCsd+E3n Japan, 7h Esr, Chins$Hmg Kong! EMI
ITha,landj. Mamylndia.® Or SkeetMtp gx,tributre, a
m GIS7Jaer cen,rnunhty °
2017 -TS -008 Waterloo.dacx
8
EXHIBIT A-2
2017 -TS -008 Waterloo.docx 9
Item Description
QNTY
UNIT
COST
TOTAL ITEM
COST
1
Mast Arm Pole
11
Each
14,000
154,000
2
Controller
10
Each
12,500
125,000
3
Traffic Signal Heads
20
Each
800
16,000
4
Countdown Pedestrian Heads
80
Each
700
56,000
5
Pedestal Pole
5
Each
1,000
5,000
6
Concrete Bases
16
Each
2,000
32,000
7
High Durability Pavement Marking Symbols
24
Each
625
15,000
8
Signs, Mast Arm Mounted
40
Each
150
6,000
9
Signs, Post Mounted with Sign Post
30
Each
100
3,000
10
Remove Existing Mast -arm Pole and Base
10
Each
500
5,000
11
Traffic Control
1
LS
10,000
10,000
12
Incidentals, Wiring, etc.
10
Each
1,000
10,000
13
Mobilization
1
Each
3,000
3,000
14
Contingency/Possible Underground Work
1
Each
44,000
44,000
TOTAL
$484,000
2017 -TS -008 Waterloo.docx 9
April 2010
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 196.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the
policy of the Iowa Department ;ofTransportation (Iowa DOT) that Targeted Small Business (TSB)
enterprises shall have:themaximum practicable opportunity to participate in the performance of contracts
financed in whole or part:with.State funds.
Under this policy thetRecipient shallbe 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 qr consultants make positive efforts to utilize TSB firms as subcontractors,
subconsultants, suppliers,•car,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
(515-281-7102)onfrom its,website at: http://dia.iowa.gov/page7.html.
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 forthe 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;th'at the,awarded contractor has and shall follow the contract provisions.
6. For consultantcontracts:
a) Identifying.the7:SB 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. ny_..This'shouId include obtaining documentation from the consultant that includes a
list of TSB.#isms contacted; a list of TSB firms that responded with a subcontract proposal;
and, if the consuttantdoes not propose to use a TSB firm that submitted a subcontract
proposal; an explanation why such a TSB firm will not be used.
2017 -TS -008 Waterloo:dOcx 10
April 2010
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.
2017 -TS -008 Waterloo.docx 11
April 2010
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 0 NO
If yes, by 0 letter, 0 telephone, 0 personal contact, or D other (specify)
If no, explain
3. Were bids or proposals solicited from qualified TSB firms? 0 YES D NO
If no, explain
4. Was a goal or percentage established for TSB participation? 0 YES D 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? 0 YES 0 NO
If no, what action was taken by Recipient?
Is documentation in files? 0 YES 0 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? 0 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
2017 -TS -008 Waterleo.docx 12