HomeMy WebLinkAboutIDOT AGREEMENT vl y oli0 re. bo co&L
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IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING
(Site Specific Improvement)
RECIPIENT: Waterloo, Iowa
COUNTY: Black Hawk
PROJECT NO.: CS-TSF-8155(682)--85-07
AGREEMENT NO.: 2006-TS-002
This is an agreement between Waterloo,Iowa(hereinafter referred to as Recipient)and the
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 Sa
fety
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
this agreement_ provisions o f
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 city of Waterloo
Traffic Engineer.
3. The Recipient shall be responsible for the development and completion of the follo
described Traffic Safety Improvement project: wing
A traffic signal installation shall be installed at the intersection of Ansborough
Avenue and Olympic Drive. If sidewalks/bike paths are added/modified, they
shall be offset to meet the minimum clear zone requirements established below.
See Exhibit A-1 for the location of the project and Exhibit A-2 for the
estimated project cost.
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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: $40,000
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5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not
exceed the amount stated above ($40,000) 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 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.
7. The Recipient shall initiate project activities in a timely manner. The proposed project
completion date is December 31,2007. If construction of 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-torevise-the comptetionZate. The requesTmust be in writing and
be submitted thirty(30) days prior to the completion date as shown above.
8. A clear zone to the face of all fixed objects shall be established as part of this project. Within
the entire project limits,all fixed objects,including signal poles/controllers,shall be located/
relocated to meet whichever of the following clear zones creates the greatest clearance:
A. Along Ansborough Avenue, a minimum of 18 feet from the edge of the traveled way or
B. On Olympic Drive, a minimum of 10 feet from the back of curb or
C. In the area of corner radii/returns and right turn lanes, 10 feet from the back of curb /
edge of slab.
D. The Office of Traffic and Safety of the DOT may approve exceptions on a case-by-case
basis.
9. For projects which include the installation or modification of traffic signal systems, the
following shall apply:
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A. There will be a minimum of one mast-arm mounted signal head with back plate for
each incoming through or left-turn lane. In addition there will be one signal head,
side of pole mounted, on the far right side pole.
B. Dilemma zone protection shall be provided on Ansborough Avenue.
C. If there are two or more other signal installations within %2 mile of this sight, then
interconnection and coordinated traffic signal timing plans shall be developed to
provide for progressive traffic flow.
D. Where the distance from the stop bar to the signal indication is in excess of 150 feet,
there shall also be a near side signal head.
E. Initially the installation may operate as two phase. However, if a right-of-way left
turn accident history should begin, the phasing will be changed to a 3-phase operation
consisting of north, then south, then east/west. Based on the traffic situation at the
time, there may be geometric improvements and/or a better sequence and/or number
of phases to accommodate traffic safety as well as coordination with other signals.
F. Combination signal/lighting poles shall be used to minimize the number of fixed
objects.
G. Pedestrian activated signals shall be provided for all pedestrian movements.
H. The concrete pad for the controller shall extend no more than 4 inches above the
ground line.
10. The 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 maybe 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 (sispeci-fic project) 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 these plans and
specifications must be approved by the DOT prior to the modification being put into effect.
11. In the event that right-of-way is required for the project listed in paragraph 3 of this
agreement, said right-of-way shall be acquired in accordance with 761 Iowa Administrative
Code Chapter 111, Real Property Acquisition and Relocation Assistance. The Recipient
shall submit preliminary right-of-way plans to the DOT's Office of Right-of-way for review
and approval prior to the commencement of any acquisition. Additionally, if said right-of-
way is for an improvement to the Primary Road System, it shall be acquired in the name of
the State of Iowa.
12. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy
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and/or Perform Work Within the Right-of-Way,Permit of Access,Utility Accommodation,
Right to Install and Maintain Traffic Control Devices, and/or other construction permits
required for the project prior to the start of construction. Neither the approval of the Traffic
Safety application for funding nor the signing of this agreement shall be construed as
approval of any required permit from the DOT.
13. The Recipient shall develop all site specific improvements using good engineering judgment.
The Recipient shall use "A Policy on Geometric Design of Highways and Streets", (latest
edition),by the American Association of State Highway and Transportation Officials and/or
the "The Manual on Uniform Traffic Control Devices for Streets and Highways", by the
Federal Highway Administration, as a guide.
14. If this project requires the installation of or modification to a traffic control signal system,the
Recipient shall be responsible for all future ownership,maintenance,and energy costs of said
installation or modification.
15. The Recipient shall conduct the project development and implementation in compliance with
applicable laws,ordinances and administrative rules.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.
Additionally, for projects where Federal highway funds, Farm-to-Market funds, or other
Federal funds are used to match Traffic Safety Improvement funds,the Recipient shall also
follow all administrative and contracting procedures which would normally be used when
such funds are used on a non-Traffic Safety Improvement project. The Recipient shall
comply with all requirements for the use of said funds.
16. The Recipient shall certify to the DOT's contact person that all known environmental
permits have been received and that all environmental regulations have been complied
with before Traffic Safety Improvement funds are reimbursed or credited.
17. Project activities or costs eligible for Traffic Safety Improvement funding include only those
items set out in Exhibit B which is attached hereto and by this reference incorporated into
this agreement.
18. Activities or costs ineligible for Traffic Safety Improvement funding include but are not
limited to those items set out in Exhibit C which is attached hereto and by this reference
incorporated into this agreement.
19. The Recipient hereby certifies that, for a period of ten (10) years following completion of
project and receipt of final payment from the DOT, there shall be no modifications in the
geometric features,the construction features,or the access management features(including
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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 Engineering and Safety. Failure to comply
shall be considered a default under the ternns of this agreement.
20. 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.
21. The Recipient may submit to the DOT periodic itemized claims for reimbursement for
eligible project activities.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 teisus of
this agreement.
22. The DOT shall reimburse the Recipient for properly documented and certified claims for
eligible project activity costs, either by state warrant, or by crediting other accounts from
which payment may h4ve been initially made.
23. 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 plans and specifications set out in this
agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only
after the DOT accepts the project as complete.
24. The Recipient shall be responsible for the daily inspection of the project,and the compilation
of a daily log of materials, equipment and labor on the project.
25 --- If the-Recipient fails to perf3n -any obligation under this agreement,the DOT shall hav-e-thy
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.
26. 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.
27. The Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates
will be issued, as provided for by Iowa Code sections 422.42(15),422.42(16) and 422.47.
The Recipient shall be responsible for obtaining the sales tax exemption certificates through
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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.
28. 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. 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.
29. 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.
30. 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 D which is attached hereto and by this reference incorporated into this agreement.
31. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
32. This agreement is not assignable without the prior written consent of the DOT.
33. It is the intent of both parties that no third party beneficiaries be created by this agreement.
34. 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.
35. 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.
36. This agreement as set forth in paragraphs 1 through 36 herein,including referenced exhibits,
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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-002
as of the date shown opposite its signature below.
City of Waterloo, Iowa:
BY: K7 Date I u e�u5 T , 2065 .
Title: )(hay e
I, Nancy ZcffeY , certify that I am the Clerk of the City, and that
"r) m A-L((e Y , who signed said Agreement for and on behalf of the City was
duly authorized to execute the same by virtue of a foiiiial Resolution duly passed and adopted
by the City, on the b' th day of 4c,/ it 5 T , 200 5 .
Signed � '•,--\ Date A/L.(3r $' , 200s .
City Clerk of Waterloo wa
Iowa Department of Transportation:
By: l/ Date g/2 , 20 0
Steve Gent
Director,
Office of Traffic and Safety
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EXHIBIT A'I
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EXHIBIT A-Z
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ITEMIZED BREAKDOWN OF COST
C.I ESTIMATED COSTS:
ITEM DESCRIPTION ESTIMATED PRICE
NO.
1 NEW MAST ARM POLES 30,000
2 NEW CONTROLLER CABINET 10,000
3 LOOP DETECTION AND DILEMMA 9,000
ZONE SET-UP
4 SIGNAL HEADS,SIGNS AND 9,000
ACCESSORIES
5 CONDUITS,WIRING AND 4,000
INCIDENTALS
6 INTERCONNECTION 4,000
7 TRAFFIC CONTROL 1,000
8 CONTINGENCY 3,000
TOTAL: $70,000
Note:Video detection not proposed due to:
1. Need for dilemma zone detection and existing vertical alignment
2. Few number of loops make loop economical
3. Recent discussions about effectiveness of video detection.
C.2 INSTALLATION OF SIGNALS:
The equipment and material for these items will be purchased and will mostly be
installed in-house by City personnel.
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EXHIBIT B
(Site-Specific Improvements)
Project activities or costs eligible for Traffic Safety Improvement funds include only the
following:
A. Road modernization, upgrading or reconstruction.
B. Bridge and culvert modernization,replacement or removal.
C. Road intersection and interchange improvement including 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.
I. Other construction activities directly related to or required by the safety project.
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EXHIBIT C
(Site-Specific Improvements)
' Activities or costs ineligible for Traffic Safety Improvement funds 'nclude but are not limited
to the i°o�(lowing: �- ... ..., ,
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. 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. Sidewalks, bicycle paths or railroad-highway crossings, except as an integral part of thr;
project.
H. Expenditures for items not related to the roadway.
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Exhibit D
June 2004
UTILT7ATION
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.iowai.nethowaidia/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 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.
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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.
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June 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-{%)establishcd for-TSB participation?
YES NO
If yes,what was the goal or percentage(%)
If no, explain why not,
5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts?
YES NO
If no,what action was taken by City/County
Is documentation in files? YES NO
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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? $
Name and address of the TSB
(Use additional sheet if necessary)
Was the goal or percentage (%) achieved? YES NO
If no, explain;
I certify that the CITY/COUNTY(circle one)used positive efforts to utilize TSBs as participants in
this project.
PROJECT ENGINEER/MANAGER DATE