HomeMy WebLinkAboutIDOT_TSIP_Roundabout_Hammond_and_Ridgeway_-_4.20.2026Docusign Envelope ID: F4998526-DC7B-8C43-82FD-190AF255A93B
February 2026
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING
(Site -Specific Improvement)
County Black Hawk
Recipient City of Waterloo
Project No. CS-TSF-8155(793)--85-07
Iowa DOT
Agreement No. 2027-TS-013
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-2026-40 on December 9, 2025.
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 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 Carbon
Reduction Program Manager, Jared Smith. The RECIPIENT's contact person shall be Associate
Traffic Engineer, Tina Schellhorn.
c. The RECIPIENT shall be responsible for the development and completion of the following described
project located in the city of Waterloo:
Construct a roundabout at the intersection of Hammond Avenue and Ridgeway Avenue. This
project will be constructed in conjunction with Project No. CRP-8155(791)--8P-07. 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:
Roundabout design review by an Iowa DOT on -call consultant.
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: $470,000
b. The portion of the total project costs paid by TSIP funds 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, 2028. The project may be let
prior to July 1, 2026, however, no reimbursement from TSIP funds may occur prior to July 1, 2026. If
a letting is not required, project activities shall be initiated prior to July 1, 2028. If any of these
conditions are not met, the RECIPIENT may be in default, for which the DOT 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; (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, Federal Swap 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
funded project. The RECIPIENT shall comply with all requirements for the use of said funds.
3. Right -of -Way and Permits
a. In the event 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 (Property Management Local Public Agency
Coordinator) for review and approval prior to the commencement of any acquisition negotiations.
Additionally, the portions of right-of-way acquired for improvements located in the Primary Road
System right-of-way shall be acquired in the name of the State of Iowa, for the use and benefit of the
DOT. The RECIPIENT shall be responsible for closing the real estate transaction for each parcel,
disbursing funds to sellers, and obtaining all necessary documents required to clear title to the land
acquired per Iowa Land Title Standards and the current DOT Right of Way Manual. The RECIPIENT
shall also be responsible for filing all conveyance and title clearing documents with the County
Recorder and shall provide the DOT Right of Way Bureau with copies of all completed purchase
agreements/contracts, deeds, easements, condemnation documents, and acquisition plats (for State
of Iowa right-of-way) upon completion of the right-of-way activities. The RECIPIENT, or the
RECIPIENT's closing agent, shall be responsible for preparing and filing Form 1099-S (Proceeds
from Real Estate Transactions) with the Internal Revenue Service (IRS) for all reportable real estate
transactions pursuant to current IRS requirements.
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.
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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 located on the Primary Road System or
National Highway System shall use "A Policy on Geometric Design of Highways and Streets" (latest
edition), published 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.
5. Bid Letting
a. If the project must be let for bids, the project plans, specifications, and engineer's cost estimate for
site specific improvements 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 fourteen (14) weeks prior to the project letting of each
division.
ii. If the project will be let through the DOT, project development submittals shall follow Local
Systems I.M. 3.010, Project Development Submittal Dates and Information.
iii. The DOT shall review said submittal(s) recognizing the RECIPIENT's development schedule and
shall, after satisfactory review, authorize in writing for the RECIPIENT to proceed with
implementation of the project. The work on the project shall be in accordance with the survey,
plans, and specifications on file. Any substantial modification of the 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, 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, the Recipient shall advertise for bidders, make a good faith effort to
obtain at least three (3) bidders, hold a public letting, and award contracts for the project work. DOT
concurrence in the contract award must be obtained prior to the contract award. The RECIPIENT
shall provide the DOT file copies of the project letting documents within five (5) days after the letting.
e. The RECIPIENT shall be the contracting authority for the project.
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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 utilized 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
reimbursement. Reimbursement shall be based on actual eligible and indirect costs associated with
performance of the contract work. The RECIPIENT shall provide copies of said records and
documents to the DOT upon request.
d. The RECIPIENT shall notify the DOT's contact person of the date that construction begins and the
date the project is substantially complete (when the road is opened to traffic).
e. 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.
f. Upon project completion, and prior to final reimbursement for the project, the RECIPIENT shall
furnish one set of "as -built" plans for any portion of the project which is on, or intersects with, any
Primary Road or Primary Road extension to the DOT's contact person for future maintenance and
road design purposes.
g.
If this project requires the installation of, or modification to, a traffic signal system, the RECIPIENT
shall be responsible for all future ownership, maintenance, operation, and energy costs of said
installation or modification.
h. The RECIPIENT hereby certifies that, for a period of five (5) years following completion of the project
and receipt of final reimbursement from the DOT, there shall be no modifications to 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, 2026.
b. The DOT will reimburse the RECIPIENT for properly documented and certified claims for eligible
project costs. The DOT 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
DOT determines the RECIPIENT has been over -reimbursed, the RECIPIENT shall reimburse the
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overpaid amount to the DOT. After the final audit or review is complete, and after the RECIPIENT has
provided all required paperwork, the DOT 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
DOT 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 the notice to cure the default. If the RECIPIENT cures the default, the RECIPIENT shall notify the
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.
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, 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, 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 DOT 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 the Local
Systems website. 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.
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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. The 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.
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2027-TS-013 as of the
date shown opposite its signature below.
City of Waterloo, Iowa:
a —Signed by:
B,P1 t, t5eCSUA, Date April 20
393E8397B3D3421...
Title: Mayor
Kelley Felchle
, certify that I am the Clerk of the City, and that
,2026 •
Dave Boesen , 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 20th day of April , 20 26
Lt
�Sig��ned by:
Sign.11-,f
City Fetitmteerldio, Iowa
Iowa Department of Transportation:
By:
Chris Felton
Director
Traffic Operations and Safety Bureau
Date
April 20
,2026 •
Date , 20
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EXHIBIT A-1
[Project Location]
4b
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arrarC Jahnson by
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8 Court y CI LI u
er
var Nnw �'rr
Wale
4-
c; a� •
E
• Elwt`r l,.rr
MeK-yoke WAtcrICoC da
M dIL al cvnler
IN Sin Wrrynpr
1
_ r
. f:uNrufe Row
1.7i44 Iligltu-i.vill
Se!virra
•
Protect Location
Si
.7tiNIJl3.
4ri,�lxrI J
Last Isla ..
YC4r ..•
i
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r.. Waterkv
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EXHIBIT A-2
[Estimated Project Cost]
Hammond Avenue) Ridgeway Avenue Roundabout - Preliminary Cost Estimate
Units
Unit
Cost
Quantity
Total
Cost
Removal of Pavement
SY
$16.00
3400
$54,400
Topsoil, Strip, Store, Spread
CY
S20.00
200
Sa,000
Signage
LS
$2.500.00
1
$2,500
PCC Roadway
SY
$A5.00
1.5.?
$36-6,305
Curb anti Gutter
LF
$45.00
2200
$00.000
Granular Subbase
SY
$12.00
3836
$46,636
Storm Scwar
LS
$50.000.00
1
$50,000
Sanitary Sewer
LS
$40.000.00
1
$40,000
Water Main
LS
$40.000.00
1
$d0.000
Pavement Markings
LS
$12,000.00
1
$12,000
Street Lighting
EA
$1D,060.00
20
$200.000
Topsoil
CY
$30.00
506
$15,060
Seeding
LS
$2.500.00
1
32,500
Erosion Control
LS
$5.000.00
1
$5,000
Traffic Control
LS
$50.000.03
1
$50,000
Mobilization
LS
515.004.00
1
$15,000
Contingencies (le of Ccnsttuclion Cost)
LS
$93.634.06
1
$93,634
Engineering
$125.000
To:al
$1154,975
Total Safety
Ruuiided To:al
1,200,000
TSIP Fu•ids
' 500,000
City Funds
$700,000
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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 (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. Refer to Local Systems I.M. 5.020 for additional
information.
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 (515-348-6200) 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 "Targeted Small Business (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 in Local Systems I.M. 5.020.
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 Administering Bureau 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 project file.
2. Bidding proposals or RFPs noting established TSB goals, if any.
3. Form 260017 "Checklist and Certification for the Utilization of Targeted Small Businesses (TSB)" shall be filled out
upon completion of each project.
https://iowadot.seamlessdocs.com/f/ChecklistandCertforUtilizationofTSBonNonFederalProjects.
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