HomeMy WebLinkAboutIMPROVEMENT AGGREEMENT RESOLUTION 2006-386 Afro
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IOWA DEPARTMENT OF TRANSPORTATION
To Office: District 2 Date: June 26, 2006
Attention: Vicki Dumdei Ret:No.: Black Hawk County
TSF-0000(220)--92-00
From: Deanne Popp
Office: Local Systems --NW Wing, 1st Floor
Subject: Signed Traffic Safety Improvement Agreement
Attached please find a signed original of the fully executed Agreement No. 20067-
TS-022 for a Traffic Safety study with the city of Waterloo. Attached also please
find a copy of"Contract Provisions for Specific Affirmative Action
Responsibilities on Non-Federal Aid Projects (for Third-Party State Assisted
Projects)". Please return the original Agreement and a copy of the contract
provisions to the city.
This completes the Agreements Section's involvement with the project. If you have
further questions regarding the administration of the project, please direct them to
the Engineering Bureau.
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Deanne Popp
Agreements Specialist
DP:ksl
Attachments
c: Neil Volmer, Planning & Programming
Jon Ranney, Program Management, w/copy
Tom Devine, Audits,w/copy
Steve Gent, Traffic Engineering and Safety, w/copy
Dan Ohman, Design, w/copy
Finance, w/copy
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
(Traffic Control Device-Study)
RECIPIENT: Waterloo, Iowa
COUNTY: Black Hawk
PROJECT NO.: TSF-0000(220)--92-00
AGREEMENT NO.: 2006-TS-022
rr his is an agreement between Waterloo,Iowa (hereinafter referred to as Recipient)and the Iowa
1 Department of Transportation(hereinafter referred to as the DOT). The Recipient submitted an
application to the DOT for funding through the Traffic Safety Improvement Program under Iowa
Code Section 312.2(16),and the application was approved by Transportation Commission Order No.
H-2005-50 on, March 8, 2005.
Pursuant to the terms of this agreement,and applicable statutes and administrative rules,the
DOT agrees to provide funding to the Recipient to aid in the development of a certain Traffic Safety
Improvement project.
In consideration of the foregoing and the mutual promises contained in this agreement, the
parties agree as follows:
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of
this agreement.
2. All notices required under this agreement shall be made in writing to the DOT's and/or the
Recipient's contact person. The DOT's contact person shall be the District 2 Local Systems
Engineer in Mason City,Iowa. The Recipient's contact person shall be the Traffic Engineer.
3. The Recipient shall be responsible for the development and completion of the following
described Traffic Safety Study in the City of Waterloo,Iowa at the intersection of Flammang
Drive and San Marnan Drive.A Consultant shall be hired to provide the following services:
A. Acquire and place a video recording system at said intersection to obtain
actual video footage of crash events in a format that can be analyzed and
retained;
B. Obtain copies of crash reports for a 3-year period at said intersection and
analyze them for patterns and/or causal factors;
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C. Obtain copies of crash reports filed in response to the crash events captured
by the video system and analyze them in conjunction with the video for
patterns and causal factors;
D. Analyze all of the above referenced data and determine counter measures that
can be taken to reduce the crash history at said intersection;
E. Present the preliminary results of the analysis to the Recipient and the Office
of Traffic and Safety of the DOT;
F. Incorporate the requested changes and prepare and submit a final report of
their efforts along with the supporting data to the Recipient with a full copy
of all material sent to the Office of Traffic and Safety of the DOT.
The Recipient will then deliver to the DOT a report on how they plan to utilize
the information contained in the consultant's final report.
4. Eligible project costs for the project described in paragraph 3 of this agreement which are
incurred after the effective date of Commission Approval shall be paid from Traffic Safety
Improvement funds and other funds as listed below, subject to the execution of a signed
agreement:
Traffic Safety Improvement Funds: $50,000
5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not
exceed the amount stated above ($50,000) or the actual cost of the Traffic Safety
Improvement eligible items,whichever is the smaller amount.
6. The recipient shall maintain records, documents, and other evidence in support of work
performed under the terms of this contract. All accounting practices applied and all
records maintained will be in accordance with generally accepted accounting principles
and procedures. Documentation shall be made available for inspection and audit by
authorized representatives of the DOT or its designee at all reasonable times during the
period of the contract and for three (3)years after the date of final payment.
Reimbursement shall be based on eligible actual and indirect costs associated with
performance of contract service work. The recipient shall provide copies of said records
and documents to the DOT upon request.
The recipient shall require its consultant to permit the DOT authorized representative to
inspect all work materials, records, and any other data with regard to agreement related
costs, revenues and operating sources.
7. The Recipient shall initiate project activities in a timely manner. The proposed project
completion date is December 31, 2008. If the project has not been completed by this
date, this agreement shall be considered to be in default. The Recipient may request the
approval of the DOT to revise the completion date. The request must be in writing and be
submitted thirty (30) days prior to the completion date as shown above.
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8. 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.
9. The Recipient may submit to the DOT periodic itemized claims for reimbursement for
eligible project activities.
10. 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.
11. In the event a default is not cured the DOT may revoke funding commitments and/or seek
repayment of Traffic Safety Improvement funds granted by this agreement through charges
against the Recipient's road use tax funds.
12. The Recipient shall comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by the Iowa Code Chapter 216. No person shall,on the
grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded
from participation in,be denied the benefits of,or be otherwise subjected to discrimination
under any program or activity for which the Recipient receives state funds from the DOT.
13. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small
Business (TSB) enterprises as contractors or consultants and ensure that the contractors or
consultants make positive efforts to utilize these enterprises as subcontractors or
subconsultants,suppliers or participants in the work covered by this agreement. Efforts shall
be made and documented in accordance with Exhibit A which is attached hereto and by this
reference incorporated into this agreement.
14. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
15. This agreement is not assignable without the prior written consent of the DOT.
16. It is the intent of both parties that no third party beneficiaries be created by this agreement.
17. 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
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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.
18. 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.
19. This agreement as set forth in paragraphs 1 through 19 herein,including referenced exhibits,
constitutes the entire agreement between the DOT and the Recipient concerning this project.
Representations made before the signing of this agreement are not binding,and neither party
has relied upon conflicting representations in entering into this agreement. Any change or
alteration to the terms of this agreement must be made in the form of an addendum to this
agreement. Said addendum shall become effective only upon written approval of the DOT
and Recipient.
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2006-TS-022 as c
shown opposite its signature below.
City of Waterloo, Iowa:
By: Date }'1ncLy FC. , 20 O L .
Title: Y is y r r
I, Na c y CC Ale , certify that I am the Clerk of the City,
)-'t r J-c ,who signed said Agreement for and on behalf of the City was duly E
to execute.�the same yby virtue of a formal Resolution duly passed and adopted by the Ci
$ day of ✓Yla y , 20 G(D .
Signed Date yin(Ay 7 , 200G .
City Clerk of Waterloo, iito a
Iowa Department of Transportation:
By: Date ‘,/ , 20 0 C .
Steve Gent ..//Director,
Office of Traffic and Safety
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EXHIBIT A
UTILIZATION OF
TARGETED SMALL BUSINESS(TSB)ENTERPRISES ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code(IAC)Chapter 4, it is the policy of the Iowa
Department of Transportation(Iowa DOT)that Targeted Small Business(TSB)enterprises shall have the maximum practicable
opportunity to participate in the performance of contracts financed in whole or part with State funds.
Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from and to utilize TSB
firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize
TSB firms as subcontractors,subconsultants,suppliers,or participants in the work covered by this agreement.
The Recipient's"positive efforts"shall include,but not be limited to:
1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals(515-281-7357)or from
its website at: http://www.iowai.net/iowa/dia/tsb
2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time
to allow the TSB firms to participate effectively in the bidding or request for proposal(RFP)process.
3. Soliciting bids or proposals from qualified TSB firms on each project,and identifying for TSB firms the availability of
subcontract work.
4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for
which State funds will be used. Contract goals may vary depending on the type of project,the projects sub-contractible
items,the type of service or supplies needed for the project,and the availability of qualified TSB firms in the area.
5. For construction contracts:
a) Including in the bid proposals a contract provision titled"TSB Affirmative Action Responsibilities on Non-Federal Aid
Projects(Third-Party State-Assisted Projects),"or a similar document developed by the Recipient. This contract
provision is available on-line at:http://www.dot.state.ia.us/local systems/publications/tsb contract provision.pdf
b) Ensuring that the awarded contractor has and shall follow the contract provisions.
6. For consultant contracts:
a) Identifying the TSB goal in the 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 tha
responded with a subcontract proposal,and, if the consultant does not propose to use a TSB firm that submitted a
subcontract proposal,an explanation why such a TSB firm will not be used.
The Recipient shall provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies,and written notes of personal and/or telephone contacts with any TSB firms. Such
documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file.
2. Bidding proposals or RFPs noting established TSB goals,if any.
3. The attached"Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to
Iowa Department of Transportation,EEO Administrator,Office of Contracts,800 Lincoln Way,Ames, IA 50010.
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CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non-Federal-aid Projects (Third-Party State-Assisted Projects)
Recipient: Project Number:
County: Agreement Number:
1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals?
❑YES ❑NO
If no,explain
2. Were qualified TSB firms notified of project? ❑YES ❑NO
If yes,by ❑letter, ❑telephone, ❑personal contact,or ❑other(specify)
If no,explain
3. Were bids or proposals solicited from qualified TSB firms? ❑YES ❑NO
If no,explain
4. Was a goal or percentage established for TSB participation? ❑YES ❑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? ❑YES ❑NO
If no,what action was taken by Recipient?
Is documentation in files? ❑YES ❑NO
6. What was the dollar amount reimbursed to the Recipient
from the Iowa Department of Transportation? $
What was the final project cost? $
What was the dollar amount performed by TSB firms? $
Name(s)and address(es)of the TSB firm(s)
(Use additional sheets if necessary)
Was the goal or percentage achieved? ❑YES 0 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