HomeMy WebLinkAboutAGREEMENT RESOLUTION 2005-666 7- a5--n S
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT
FOR'1'HL FISCAL YEAR 6
COMMERCIAL SERVICE VERTICAL INFRASTRUCTURE PROGRAM
THIS AGREEMENT is made between the Iowa Department of Transportation called the"Iowa
DOT" and the city of Waterloo, hereafter the"SPONSOR".
1.00 PURPOSE: The purpose of this agreement is to set forth terms, conditions and
obligations for accomplishment of certain improvements at the
Waterloo Regional Airport, hereafter the"Airport".
Improvements shall consist of
Hangar renovations as specified in the work plan, as more clearly defined in
the project application.
It shall be referred to as the"Project" and shall be identified by
project number: 9I060AL0200
contract number: 07978
2.0 GENERAL PROVISIONS
2.01 The SPONSOR shall have the project under contract no later than 12 months after the
date of the agreement or the Iowa DOT reserves the right to revoke this grant.
2.02 The Iowa DOT agrees to reimburse the SPONSOR 100% of the eligible project costs, not
to exceed the maximum amount payable of$107,951, incurred according to the terms of
this agreement. Reimbursement will be made in whole dollar amounts only, rounded
down. Final payment request may include documentation of unreimbursed amounts due to
rounding. Final reimbursement will made up to the contract amount in whole dollars.
2.03 For all projects totaling more than $25,000, a bid process detailed in Division VI, Chapter
384 of the Code of Iowa must be used and the project plans, specifications and
construction contract documents shall be prepared and signed by a professional engineer
licensed to practice in the State of Iowa. The SPONSOR shall submit the plans,
specifications and other contract documents to the Iowa DOT for its files.
2.04 Should the SPONSOR fail to comply with any Condition or Assurance provided herein,
the Iowa DOT may withhold further payment and may require reimbursement of any or all
payments made by the Iowa DOT toward accomplishment of the Project.
2.06 The Iowa DOT shall not waive any right of authority by making payments pursuant to this
agreement, and such payments shall not constitute approval or acceptance of any part of
the Project.
2.07 Neither the Department nor the Sponsor intend to create rights in, and shall not be liable
to, any third parties by reason of this agreement.
2.08 If any provision of this agreement is held invalid, the remainder of this agreement shall not
not be affected thereby if such remainder would then continue to conform to applicable
law and the intent of this agreement.
2.09 The Iowa DOT shall determine what costs charged to the project account are eligible for
participation under the terms of this agreement and the SPONSOR shall bear all
additional costs accepted and paid.
2.10 Notwithstanding any other provisions of this agreement, the Iowa DOT shall have the
right to enforce, and may require the SPONSOR to comply with, any and all Conditions
and Assurances agreed to herein.
2.11 The Iowa DOT's obligations hereunder shall cease immediately, without penalty of
further payment being required, in any year for which the General Assembly of the State
of Iowa fails to make an appropriation or reappropriation to pay such obligations, and the
Iowa DOT's obligations hereunder shall cease immediately without penalty of further
payment being required at any time where there are not sufficient authorized funds
lawfully available to the Iowa DOT to meet such obligations. The Iowa DOT shall give
the SPONSOR notice of such termination of funding as soon as practicable after the Iowa
DOT becomes aware of the failure of funding. In the event the Iowa DOT provides such
notice, the SPONSOR may terminate this agreement or any part thereof.
2.12 The SPONSOR is the contracting agent and, as such, retains sole responsibility for
compliance with local, state and federal laws and regulations related to accomplishment
of the Project.
2.13 The attached Exhibit A, "Utilization of Targeted Small Business (TSB) Enterprises on
Non-Federal Aid Projects (Third-Party State Assisted Projects),"will apply and is hereby
made a part of this Agreement.
2.14 Funding will be available for reimbursement of the project until the end of fiscal year
2007, unless appropriations are withdrawn under 2.10. Assurances in this agreement
remain in full force and effect for a period of 20 years from the date of the agreement.
3.00 PROJECT CONDITIONS
3.10 The SPONSOR Agrees to:
(a) Let contracts according to provisions of Division VI, Chapter 384 of the Code of
Iowa and preside at all public hearings occasioned by the Project.
(b) Contract for all professional and construction services.
(c) Establish and maintain a project schedule, to preclude unnecessary construction
delays and to assure minimum inconvenience to the public.
(d) Submit to the Iowa DOT a Request for Reimbursement form,copies of invoices,
and proof of payment for reimbursement. Progress payments are allowed.
(e) Inspect work and equipment, test materials, and control construction to ensure that
the design intent of the plans and specifications is achieved.
(g) Inform the Iowa DOT of construction completion and allow the Iowa DOT access
to review the completed project.
(h) Retain all records relating to project cost, including supporting documents, for a
2
period of three(3)years following final payment by the Iowa DOT, and to make
such records and documents available to Iowa DOT personnel for audit.
4.00 SPECIAL PROVISIONS
4.01 The Project is for the sole purpose and use of aviation related activities and must be
owned by the SPONSOR. The SPONSOR shall not lease airport space constructed with
this grant to activities unrelated to aviation.
5.00 SPONSOR ASSURANCES
By authorizing execution of this agreement the SPONSOR hereby certifies that:
5.01 It will not enter into any transaction which would operate to deprive it of any of the rights
and powers necessary to perform any or all of the assurances made herein, unless by such
transaction the obligation to perform all such covenants are assumed by another public
agency.
5.03 It will not dispose of or encumber its title or other interests in the site and facilities during
the 20-year period of this agreement.
5.04 It will operate and maintain in a safe and serviceable condition the Airport and all
facilities thereon and connected therewith which are necessary to service the aeronautical
users of the Airport and will not permit any activity thereon which would interfere with
its use for airport purposes.
5.05 Insofar as it is within its power and reasonable, the Sponsor will, either by the acquisition
and retention of easements or other interests in or rights for the use of land or airspace
and by the adoption and enforcement of zoning regulations,prevent the construction,
erection, alteration, or growth of any structure, tree, or other object in the approach areas
of the runways of the Airport,which would constitute an obstruction to air navigation
according to the criteria or standards prescribed in Section 77.23 as applied to Section
77.25, Part 77, of the Federal Aviation Regulations. In addition, the Sponsor will not
erect or permit the erection of any permanent structure or facility that would interfere
materially with the use, operation, or future development of the Airport, or any portion of
a runway approach area in which the Sponsor has acquired, or hereafter acquires.
5.06 It will operate the Airport as such for the use and benefits of the public. In furtherance of
this covenant(but without limiting its general applicability and effect), the SPONSOR
specifically agrees that it will keep the Airport open to all types, kinds, and classes of
aeronautical use on fair and reasonable terms without unlawful discrimination between
such types, kinds, and classes. The SPONSOR may establish such fair, equal, and not
unjustly discriminatory conditions to be met by all users of the Airport as may be
necessary for the safe and efficient operation of the airport. The SPONSOR may also
prohibit or limit any given type, kind, or class of aeronautical use of the Airport if such
action is necessary for the safe operation of the Airport or necessary to serve the civil
aviation need of the public.
5.07 It will operate the Airport on fair and reasonable terms, and without unjust
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In furtherance of the covenant (but without limiting its general applicability and effect,)
the SPONSOR specifically covenants and agrees:
(a) That in its operation and the operation of all facilities on the Airport,neither it nor
any person or organization occupying space or facilities thereon will discriminate
against any person or class or persons by reason of race, color, creed, or national
origin in the use of any of the facilities provided for the public on the Airport.
5.08 The SPONSOR will keep up-to-date and provide to the Iowa DOT an airport layout plan.
The SPONSOR will not make or permit the making of any changes or alterations in the
Airport or any of its facilities other than in conformity with the airport layout plan, if
such changes or alterations might adversely affect the safety, utility, or efficiency of the
Airport.
6.00 EXECUTION OF THE AGREEMENT. By resolution made a part of this agreement
the SPONSOR authorized the undersigned to execute this agreement.
.�h
Signed this P 5 day of Q , 1 o b5 , on behalf of the
SPONSOR. O
By: Attested: rc-Ptec.t
Title: K )Q y a r2 Title: C y C f t r l c
Signed this / �h day of 7 ,c>17j5, on behalf of the
Iowa Department of Transportation
By: i17 ,
Michelle F. cEnany
Director
Office of Aviation
Exhibit A
June 2004
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
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 it is the responsibility of the recipients of state funds to help
finance projects to make a positive effort to solicit bids from and to utilize TSBs 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.
The Recipient's "positive efforts" should include,but not be limited to:
1. Obtaining the names of qualified TSB contractors from the Iowa Department
of Inspections and Appeals(515-281-7357) or from its website:
www.iowa.net/iowa/dia/tsb.
2. Notifying qualified TSBs of proposed projects involving state-assisted funding.
Notification should be made in sufficient time to allow the TSBs to participate
effectively in the bidding process.
3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs
the availability of subcontract work.
4. Including in the bid proposals for state-assisted projects, 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.
5. Ensuring that the awarded contractor has and shall follow the contract
provisions. The Recipient is encouraged to establish goals or percentages to
achieve TSB participation in these projects. Contract goals may vary
depending on the type of project, the projects sub-contractible items, the type
of service or supplies needed for the project, and the availability of qualified
TSBs in the area.
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts
with any TSBs. 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 noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project
or projects covered by this agreement.
4. The attached "Checklist and Certification" form shall be filled out upon completion of each
project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts, 800 Lincoln
Way, Ames, Iowa 50010.
me 2004 CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS(TSB)
ON NON-FEDERAL AID PROJECTS(THIRD-PARTY STATE-ASSISTED PROJECTS)
CITY: PROJECT NUMBER:
COUNTY: AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals?
YES NO
If no,explain
2. Were qualified TSBs notified of project? YES NO
If yes,by letter ,telephone ,personal contact ,other
If no,explain
3. Were bids solicited from qualified TSBs? YES NO
If no,explain
4. Was a goal or percentage(%)established YES NO
for TSB participation?
If yes,what was the goal or percentage(%)
If no,explain why not
5. Did the prime contractor use positive efforts to YES NO
utilize TSBs on subcontracts?
If no,what action was taken by County/City
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the City/County
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Was the goal or percentage(%)achieved? YES NO
If no,explain
I certify that the COUNTY/CITY(circle one)used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEER/MANAGER DATE
Exhibit E
CONTRACT PROVISION
Targeted Small Business (TSB)
Affirmative Action Responsibilities
on
Non-Federal Aid Projects (Third-Party State-Assisted Projects)
June 2004
June 2004
TSB AFFIRMATIVE ACTION RESPONSIBILITIES
ON
NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
1. TARGETED SMALL BUSINESS (TSB)DEFINITION
A TSB is a small business, as defined by Iowa Code Section 15.102(5), which is 51%or
more owned, operated and actively managed by one or more women,minority persons or
persons with a disability. Generally this is a for-profit small business enterprise under
single management, is located in Iowa and has an annual gross income of less than 3
million dollars computed as an average of the three preceding fiscal years.
2. TSB REQUIREMENTS
In all state-assisted projects made available through the Iowa Department of
Transportation, local governments have certain affirmative action requirements to
encourage and increase participation of disadvantaged individuals in business enterprises.
These requirements are based on Iowa Code Section 19B.7 and 541 Iowa Administrative
Code Chapter 4. These requirements supersede all existing TSB regulations, orders,
circulars and administrative requirements.
3. TSB DIRECTORY INFORMATION
Available from: Iowa Department of Inspections and Appeals
Targeted Small Business
Lucas Building
Des Moines, IA 50319
Phone: 515-281-7357
Website: www.iowai.net/iowa/dia/tsb
4. THE CONTRACTOR'S TSB POLICY
The contractor is expected to promote participation of disadvantaged business enterprises
as suppliers, manufactures and subcontractors through a continuous, positive, result-
oriented program. Therefore the contractor's TSB policy shall be:
It is the policy of this firm that Targeted Small Business (TSB) concerns shall
have the maximum practical opportunity to participate in contracts funded with
state-assisted funds which are administered by this firm (e.g. suppliers,
manufactures and subcontractors). The purpose of our policy is to encourage and
increase the TSB participation in contracting opportunities made available by
state-assisted programs.
5. CONTRACTOR SHALL APPOINT An EQUAL EMPLOYMENT OPPORTUNITY
(EEO) OFFICER
The contractor shall designate a responsible person to serve as TSB officer to fulfill the
contractors affirmative action responsibilities. This person shall have the necessary
statistics, funding, authority and responsibility to carry out and enforce the firm's EEO
policy. The EEO officer shall be responsible for developing, managing and
implementing the program on a day-to-day basis. The officer shall also:
A. For current TSB information, contact the Iowa Department of Inspections and
Appeals (515-281-7357) to identify potential material suppliers, manufactures and
contractors.
B. Make every reasonable effort to involve TSBs by soliciting quotations from them
and incorporating them into the firm's bid.
C. Make every reasonable effort to establish systematic written and verbal contact
with those TSBs having the materials or expertise to perform the work to be
subcontracted, at least two weeks prior to the time quotations are to be submitted.
Maintain complete records of negotiation efforts.
D. Provide or arrange for assistance to TSBs in seeking bonding, analyzing
plans/specifications or other actions that can be viewed as technical assistance.
E. Ensure the scheduled progress payments are made to TSBs as agreed in
subcontract agreements.
F. Require all subcontractors and material suppliers to comply with all contract
equal opportunity and affirmative action provisions.
6. COUNTING TSBs PARTICIPATION ON A PROJECT
TSBs are to assume actual and contractual responsibilities for provision of
materials/supplies, subcontracted work or other commercially useful function.
A. The bidder may count:
(1) Planned expenditures for materials/supplies to be obtained from TSB
suppliers and manufacturers; or
(2) Work to be subcontracted to a TSB; or
(3) Any other commercially useful function.
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B. The contractor may count:
(1) 100% of an expenditure to a TSB manufacturer that produces/supplies
goods manufactured from raw materials.
(2) 60% of an expenditure to TSB suppliers that are not manufacturers;
provided the suppliers perform a commercially useful function in the
supply process.
(3) Only those expenditures to TSBs that perform a commercially useful
function in the work of a contract, including those as a subcontractor.
(4) Work the Contracting Authority has determined that it involves a
commercially useful function. The TSB must have a necessary and useful
role in the transaction of a kind for which there is a market outside the
context of the TSB program. For example, leasing equipment or
purchasing materials from the prime contractor would not count.
7. REQUIRED DATA, DOCUMENTS AND CONTRACT AWARD PROCEDURES
FROM BIDDERS/CONTRACTORS FOR PROJECTS WITH ASSIGNED GOALS
A. Bidders
Bidders who fail to demonstrate reasonable positive efforts may be declared
ineligible to be awarded the contract. Bidders shall complete the bidding
documents plus a separate form called "TSB Pre-Bid Contact Information". This
form includes:
(1) Name(s) of the TSB(s)contacted regarding subcontractable items.
(2) Date of the contract.
(3) Whether or not a TSB bid/quotation was received.
(4) Whether or not the TSB's bid/quotation was used.
(5) The dollar amount proposed to be subcontracted.
B. Contractors Using Quotes From TSBs
Use those TSBs whose quotes are listed in the "Quotation Used in Bid" column
along with a"yes" indicated on the Pre-bid Contact Information form.
C. Contractors NOT Using Quotes From TSBs
If there are no TSBs listed on the Pre-bid Contract Information form, then the
contractor shall document all efforts made to include TSB participation in this
project by documenting the following:
(1) What pre-solicitation or pre-bid meetings scheduled by the contracting
authority were attended?
(2) Which general news circulation, trade associations and/or minority-
focused media were advertised concerning the subcontracting
opportunities?
(3) Were written notices sent to TSBs that TSBs were being solicited and was
sufficient time allowed for the TSBs to participate effectively?
(4) Were initial solicitations of interested TSBs followed up?
(5) Were. TSBs provided with adequate information about the plans,
specifications and requirements of the contract?
(6) Were interested TSBs negotiated with in good faith? If a TSB was
rejected as unqualified, was the decision based on an investigation of their
capabilities?
(7) Were interested TSBs assisted in obtaining bonding, lines of credit or
insurance required by the contractor?
(8) Were services used of minority community organization, minority
contractors groups; local, state and federal minority business assistance
offices or any other organization providing such assistance.
The above documentation shall remain in the contractor's files for a period of three (3)
years after the completion of the project and be available for examination by the Iowa
Depaitiuent of Inspections and Appeals.
8. POSITIVE EFFORT DOCUMENTATION WHEN NO GOALS ARE ASSIGNED
Contractors are also required to make positive efforts in utilizing TSBs on all state-
assisted projects which are not assigned goals. Form "TSB Pre-bid Contact Information"
is required to be submitted with bids on all projects. If there is no TSB participation, then
the contractor shall comply with section 7C. of this document prior to the contract award.
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une 2004 CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSINESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS)
CITY: PROJECT NUMBER:
COUNTY: AGREEMENT NUMBER:
1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals?
YES NO
If no, explain
2. Were qualified TSBs notified of project? YES NO
If yes,by letter , telephone ,personal contact , other
If no, explain
3. Were bids solicited from qualified TSBs? YES NO
If no, explain
4. Was a goal or percentage(%) established YES NO
for TSB participation?
If yes,what was the goal or percentage(%)
If no, explain why not
5. Did the prime contractor use positive efforts to YES NO
utilize TSBs on subcontracts?
If no,what action was taken by County/City
Is documentation in files? YES NO
6. What was the dollar amount reimbursed to the City/County
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSBs? $
Was the goal or percentage (%) achieved? YES NO
If no, explain
I certify that the COUNTY/CITY (circle one)used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEER/MANAGER DATE
CLAIM FOR REIMBURSEMENT OF AIRPORT PROJECT COSTS
1. Request No.: 2. Contract No.:
(Circle: Progress or Final Request)
3. Date: 4. Project No.:
5. Airport Name:
6. Airport Sponsor:
(City—County—Authority)
7. Type of Project:
8. Total Iowa DOT Agreement Amount: $
9. Total Project Payment to Vendor/Consultant to Date: $
10. Total Paid for ineligible costs $
11. Total Eligible Cost (Line 9-10) $
12. DOT Agreement Percent Participation of Eligible Cost X .
13. Costs eligible for reimbursement (Multiply Line 11 by Line 12) $
14. Compare Line 8 with Line 13 and Enter Smaller Amount $
15. Total Amount Previously Reimbursed (Line 14 of previous claim) $
16. Amount Due this Request $
(Subtract Line 15 from Line 14)
I hereby certify that all eligible project activities for which reimbursement is requested have been
completed in substantial compliance with the project plans, specifications, the project agreement
and the laws of the State of Iowa and the ordinances of the CITY/COUNTY.
Signature
(Project Engineer or Project Manager) (Date)
I certify that the items claimed for payment are proper and true and that no part of this claim has
been paid by DOT.
Signature
(Airport Sponsor) Title (Date)
Instructions for Use of Form "Claim for Reimbursement of Project Costs"
Line 1. The first claim is invoice No. 1,the next No. 2, and so on.
Line 2. Contract Number shown on the agreement your jurisdiction signed with the DOT.
Line 3. Date the claim is prepared.
Line 4. The number printed on the agreement with the DOT, such as 9I-XX- X-XXX
Line 5. Airport Name
Line 6. Airport Sponsor—City of , or County, or Airport Authority
Line 7. List the type of project.
Examples: Engineering services, planning, runway rehabilitation, hangar
rehabilitation, etc.
Line 8. Total Amount found in the Iowa DOT Agreement
Line 9. Total Amount paid to contractors or vendors to date. Attach a ledger or
spreadsheet that lists all the bid items and the number of units each completed.
The costs of each item to date should also be shown, by item. On this line, enter
the total amount paid.
Line 10. Show the total dollar amount paid to the contractor for items not eligible for
reimbursement as--specified in the agreement or as shown on the plans.
Line 11. Subtract line 10 from line 9 and enter the difference here.
Line 12 The percentage shown in the agreement that the DOT will participate in the
reimbursement of eligible item costs.
Line 13. Multiply amount shown on line 11 by the percentage from line 12.
Line 14. Costs eligible for reimbursement—smaller amount of line 8 or 13.
Line 15. Total amount already paid by the DOT on prior claims for this grant.
(Line 14 on previous claim)
Line 16. Subtract line 15 from line 14 and enter the difference here. Amount due for this
claim.
Note: The certification of the claim must be signed by the Project Engineer or Project
Manager.
Note: The person who signs on this line must be authorized to do so by the City, County
or other agency, either in the agreement or by policy.