HomeMy WebLinkAbout2020-01-06-J01P ADA Compliance_Curb Ramp Construction AgrJ1P
THE CITY OF WAUKEE, IOWA
RESOLUTION 2020-
APPROVING IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
CONSTRUCTION OF CURB RAMPS, PROJECT NO. NHSN-006-3(73)–2R-25
IN THE NAME AND BY THE AUTHORITY OF THE CITY OF WAUKEE, IOWA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, on January 7, 2019, the Waukee City Council approved the City of Waukee
Pedestrian Access Route Transition Plan as part of compliance with the Americans with
Disabilities Act of 1990 (ADA) (Resolution #19-018); AND,
WHEREAS, the Iowa Department of Transportation has provided an agreement as part of the
ADA Needs Program, a cooperative program for the construction of pedestrian curb ramps on
existing sidewalks within the right-of-way of primary roadways; AND,
WHEREAS, the proposed agreement includes provisions for the reconstruction of curb ramps
along Hickman Road/Highway 6 at four intersections from 4th Street east to Westgate Drive;
NOW THEREFORE BE IT RESOLVED by the City Council of the City of Waukee that the
Iowa Department of Transportation Agreement for Construction of Curb Ramps, Project No.
NHSN-006-3(73)–2R-25, is hereby approved.
Passed by the City Council of the City of Waukee, Iowa, and approved the 6th day of January,
2020.
____________________________
Courtney Clarke, Mayor
Attest:
___________________________________
Rebecca D. Schuett, City Clerk
RESULTS OF VOTE: AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Chris Crone
Larry R. Lyon
VACANT SEAT
April 2008
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR
CONSTRUCTION OF CURB RAMPS
CITY: Waukee
PROJECT NO: NHSN-006-3(73)--2R-25
Iowa Department of Transportation
AGREEMENT NO: 4-19-ADA-018
STAFF ACTION NO: 20-0346
This is an agreement between the City of Waukee, (hereinafter called Recipient) and the Iowa
Department of Transportation, (hereinafter called Department), to enter into an agreement for joint or
cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to law of the
governing bodies involved.
The Department provides funds through the American Disability Act (ADA) Needs Project, a cooperative
program to participate in the cost of constructing curb ramps on existing sidewalks within the right of way
of primary road extensions. The Department has made these funds available for reimbursement and will
share eligible construction costs in the ratio of 50 percent Department funds and 50 percent local funds,
up to a maximum amount in Department funds of $250,000 per city per year.
The Recipient proposes to develop and complete the following described Curb Ramps Project:
For pedestrian curb ramp construction along U.S. 6 (Hickman Road) for nine quadrants at four
intersections, from 4th St to Westgate Dr.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department
agrees to provide funds to the Recipient for the authorized and approved costs for eligible items
associated with project improvements as described above.
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 and shall be responsible for the development and completion of the project.
2. All notices required under this agreement shall be made in writing to the Department and the
Recipient's contact person. The Department’s contact persons shall be the Local Systems
Project Development Engineer, Christy VanBuskirk, and Central Region Local Systems Field
Engineer, Brian J. Catus. The Recipient’s contact person shall be the Public Works Director.
3. The estimated total of eligible construction cost for this project is $78,158.00. If, upon completion
of final plans, the estimate exceeds the preliminary total estimate contained herein by 20 percent
or more, the increased cost must be approved by the Department prior to contract letting or the
extra work must be approved before the beginning of construction.
4. This agreement and the attached Exhibit C and Exhibit A, constitutes the entire agreement
between the Department and the Recipient. No representations, promises, or warranties have
been made by either party that are not fully expressed in this agreement. Any change or
alteration to the terms of this agreement must be made in the form of an addendum to this
agreement which shall be effective only upon written approval of the Department and the
Recipient.
Curb Ramps City
Page 2
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement Number
4-19-ADA-018 as of the date shown opposite its signature below.
City: Waukee
By _______________________________________ Date ____________________, _____
Title _______________________________________
I, ______________________________, certify that I am the Clerk of the City,
and that ______________________________, 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 _____ day of ___________, _____.
Signed ______________________________
City Clerk of Waukee, Iowa
Date _______________, _____.
IOWA DEPARTMENT OF TRANSPORTATION
Highway Administration
By ________________________ Date _______________, _____
Brian J. Catus, P.E.
Central Region Local Systems Field Engineer
_________________
Mayor
January 6 2020
Rebecca D. Schuett
Courtney Clarke
6th January 2020
January 6 2020
April 2008
EXHIBIT C
Standard Provisions for Project Agreement
1. 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, gender identity, national
origin, religion, pregnancy, or disability.
2. 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 A which is attached
hereto and by this reference is made a part of this agreement.
3. The Recipient shall obtain agreements, as needed, from utility companies and shall obtain project
permits and approvals, as necessary.
4. The Recipient will prepare and furnish to the Department for review the necessary project plans,
specifications, and an estimate of cost for the proposed construction project. The project plans
and specifications shall comply with the current ADA standards for accessible design at the time
of letting.
5. If the Department lets the project, the Recipient shall follow the Department’s procedures for plan
preparation, submittal, and review. The Department will receive bids, determine the lowest
responsive bidder, and forward the bid results and unexecuted contract to the Recipient. The
Recipient shall either accept the low bid, execute a contract, and return a copy of the signed
contract to the Department, or reject all bids and notify the Department.
6. If the Recipient lets the project, the Recipient shall follow the procedures for quotes or bids, as
required by the Code of Iowa. Upon Department acceptance of final plans, proposal forms,
specifications and cost estimate, the Department will give the Recipient written notice to proceed
with advertisement for letting or solicitation of quotes. The Recipient shall submit the bid or
quotation results to the Department for concurrence prior to formal action in the award of the
contract.
7. If the Recipient lets the project, 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.
8. The Recipient shall provide adequate supervision for the construction work performed under the
contract.
9. The project must be let to contract within 2 years of the date this agreement is approved by the
Department. If not, the Recipient may be in default, for which the Department may revoke funding
commitments. This agreement may be extended for a period of 6 months upon receipt of a
written request from the Recipient at least 30 days prior to the 2 year deadline.
10. The Recipient will be responsible for the initial costs of construction. Acceptance of the
completed construction shall be with the concurrence of the Department. The Recipient shall
prepare and submit to the Department a detailed billing statement of materials, installation, and
construction costs incurred by the Recipient. Design, right of way, inspection, and administration
costs will be borne by the Recipient. If said statement and documentation is in proper form, the
Department will promptly reimburse the Recipient in the amount of 50% of the eligible costs of the
completed construction, less a withholding equal to 5% of the State share of construction costs,
taking into account the limitations as stated in the agreement. If, upon final audit or review, the
Department determines the Recipient has been overpaid, the Recipient shall reimburse the
overpaid amount to the Department. After the final audit or review is complete and after the
EXHIBIT C
Page 2
Recipient has provided all required paperwork, the Department will release the State funds
withheld.
11. Periodic billing statements may be submitted by the Recipient during progress of the work. The
Department will review these statements and make reimbursements accordingly.
12. Upon completion of the project, the Recipient will certify that the project was completed in
substantial compliance with the plans and specifications set out in this agreement before
receiving final reimbursement of Department funds.
13. The RECIPIENT shall submit a final detailed billing statement to the Department no later than two
(2) years after the date the Department concurs in the acceptance of the completed construction.
If a final detailed billing statement is not submitted to the Department by the Recipient in the two
(2) year period, the Department will close the project's financial records without making additional
reimbursement to the Recipient.
14. The Recipient agrees to indemnify, defend and to hold the Department harmless from any action
or liability arising out of the design, construction, maintenance, placement of curb ramps,
inspection or use of this project. This agreement to indemnify, defend and hold harmless applies
to all aspects of the Department's application review and approval process, plan and construction
reviews, and funding participation.
15. If any part of this agreement is found to be void and unenforceable, then the remaining provisions
of this agreement shall remain in effect.
16. This agreement is not assignable without the prior written consent of the Department.
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 arbitration. The
written notice must include a precise statement of the dispute. The Department 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.
April 2018
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, 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 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-
348-6159) or from its website at: https://iowaeconomicdevelopment.com/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 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 “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 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.
April 2018
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, Civil Rights Coordinator, Office of
Employee Services, 800 Lincoln Way, Ames, IA 50010.
April 2018
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 Economic Development Authority? 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 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