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HomeMy WebLinkAboutIDOT TSIP CS-TSF-8155(792)-85-07 - 4.6.2026Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (Traffic Control Device) County Black Hawk Recipient City of Waterloo Project No. CS-TSF-8155(792)--85-07 Iowa DOT Agreement No. 2027-TS-005 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 Eastern Region Field Engineer, Dillon Feldmann. The RECIPIENT's contact person shall be the 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: Purchase portable temporary traffic signals for citywide use. 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: The RECIPIENT shall make the portable temporary traffic signals available for a minimum of 10 years to Black Hawk County when requested and not in use by the RECIPIENT. A Portable Temporary Traffic Signal Sharing Agreement, compliant with Iowa Code Chapter 28E, shall be signed by the city of Waterloo and Black Hawk County. The executed 28E Agreement shall be submitted to the DOT upon RECIPIENT execution of this Agreement. 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: $50,000 2027-TS-005 Waterloo 1 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 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. 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 include the cost of materials purchased for initial installation of traffic control devices or replacement of obsolete traffic control devices. Devices shall comply with the applicable warrants in the Manual on Uniform Traffic Control Devices (MUTCD) as adopted in 761 Iowa Administrative Code, Chapter 130.1(321). e. Project activities and 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) maintenance or energy costs; (c) installation costs; (d) aesthetic items such as brick pavers or decorative lighting/signal poles; and (e) lighting not installed on a shared traffic signal pole. f. For traffic control device projects, where the devices will be furnished and installed by a contractor, the contract shall include a bid item for materials only. g. 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. 2027-TS-005 Waterloo 2 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 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. Procurement a. If the estimated project cost is greater than the competitive bid threshold established pursuant to Iowa Code 314.1, the RECIPIENT shall follow the competitive bidding procedures in Iowa Code sections 26.3 through 26.13. Project plans, specifications, and engineer's cost estimate for 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 (10) weeks 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 the plans and specifications must be approved by the DOT prior to the modification being put into effect. b. If the estimated project cost is less than the competitive bid threshold established pursuant to Iowa Code section 314.1, the RECIPIENT shall solicit competitive quotations in accordance with Iowa Code section 26.14. Before placing an order to purchase the materials, the RECIPIENT shall provide the DOT with a summary of the quotes received, and the vendor selected, and request approval to proceed. After receiving DOT approval, the RECIPIENT may proceed with the purchase of materials. c. The RECIPIENT shall notify prospective bidders or quoters 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 or quoter, and any subcontractors, to enable them to purchase qualifying materials for the project free of sales tax. d. The RECIPIENT shall use positive efforts to solicit bids, or quotes 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. 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 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 2027-TS-005 Waterloo 3 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 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. c. 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. d. The RECIPIENT shall install, or cause to be installed, the traffic control devices provided by this Agreement. e. 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. f. 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. g. 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 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. 2027-TS-005 Waterloo 4 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 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. 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. 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 2027-TS-005 Waterloo 5 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 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-005 as of the date shown opposite its signature below. City of Waterloo, Iowa: Signed by: By: NW. 15.61-St,la, Date April 6 , 20 26 • "-393E8397B3D3421... Title: Mayor Kelley Felchle , certify that I am the Clerk of the City, and that 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 6th day of April , 20 26 Signed by: Signe f Date April 6 City C FdfoWt[efibd, Iowa Iowa Department of Transportation: ,2026 By: Date , 20 Chris Felton Director Traffic Operations and Safety Bureau 2027-TS-005 Waterloo 6 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 EXHIBIT A-1 [Project Location] 1 J 2027-TS-005 Waterloo 7 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 February 2026 EXHIBIT A-2 [Estimated Project Cost] Quoted to: SHIP TO: ATFN: City of Waterloo -Traffic Division City o£ Waterloo -Traffic Division PH: FAX: Page: 1 Customer ID Good Thru Payment Terms et -,arms Sales Rep Name Quantity Item Description Unit Price Extension 1.00 2.04 HDPTS VPR-26-CNIX ONE PAIR OF POP-UP HEAVY DUTY TRAILERS-15' ARM (ONE MASTER, ONE SECONDARY) W/ WIRELESS TRAFFIC CONTROL AND SOLAR POWER Vehicle Motion Detector 58,075.00 1,100.00 50,875.0C 2,2C.j.;._ Freight & handling are in addition to the prices quoted above unless otherwise specified All parts, materials and components are new unless otherwise specify OMJChas been in business since July of 1985 to serve you. Itemized Breakdown of Costs Subtota Sales Ta Freight -Data Item Cost HDPTS $58.875 Vehicle Detection Svstein $ 2.200 Total C:ost S61.075 Street Department -City of Waterloo $11.075 Grant Request 550.000 2027-TS-005 Waterloo 8 Docusign Envelope ID: 94243972-232C-86DB-8144-4AFDFB1 FB6D8 June 2025 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. 2027-TS-005 Waterloo 9