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AGENDA ITEM:
CITY OF WAUKEE, IOWA
CITY COUNCIL MEETING COMMUNICATION
MEETING DATE: July 10, 2017
AGENDA ITEM: Consideration of approval of a resolution approving Iowa Department of
Transportation Agreement for Traffic Safety Improvement Program
Funding (Site -Specific Improvement) [Hickman Road/Alice's Rd Turn
Lanes]
FORMAT: Resolution
SYNOPSIS INCLUDING PRO & CON: Last fall, the City of Waukee applied for Traffic
Safety Improvement Program Funding for the traffic signals and
intersection improvements at Alice's Road and Hickman Road. In this
instance, the funding is based on the improvement of traffic safety and
operations at a specific site with a crash history.
FISCAL IMPACT INCLUDING COSTBENEFIT ANALYSIS: The Engineer's estimate for
the Intersection Improvements (named Phase 513) Project is $3,350,000,
the TSIP funding is $500,000, confirmed ICAAP funding is $700,000,
estimated USTEP funding is $400,000 and the City's share is estimated
at $1,750,000.
COMMISSIONBOARD/COMMITTEE COMMENT:
STAFF REVIEW AND COMMENT:
RECOMMENDATION: Approve the resolution.
ATTACHMENTS: I. MOT Agreement for Traffic Safety Improvement Program Funding
PREPARED BY: Beth Richardson/Rudy oester
REVIEWED BY: John Gibson
PUBLIC NOTICE INFORMATION —
NAME OF PUBLICATION:
DATE OF PUBLICATION:
THE CITY OF WAUKEE, IOWA
RESOLUTION 17-
APPROVING IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR
TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING (SITE -SPECIFIC
IMPROVEMENT) [HICKMAN ROAD/ALICE'S ROAD TURN LANES]
IN THE NAME AND BY THE A UTHORITY OF THE CITY OF WAUKEE, 10WA
WHEREAS, the City of Waukee, Dallas County, State of Iowa, is a duly organized Municipal
Organization; AND,
WHEREAS, the Iowa Department of Transportation has established the Traffic Safety Improvement
Program and provides funding for locations where vehicular safety is a concern and documented;
AND,
WHEREAS, turn lanes at the intersection of Hickman Road and Alice's Road (the "Project") has been
identified as a location where vehicular safety and traffic flow could be improved and funded by
Traffic Safety Improvement Program; AND,
WHEREAS, on August 1, 2016, the Waukee City Council approved an application for Traffic Safety
Program funding for the Project (Resolution #16-342); AND,
WHEREAS, the City of Waukee was awarded $500,000 in funding toward the Project through the
Traffic Safety Program; AND,
WHEREAS, the Iowa Department of Transportation has submitted an Agreement for Traffic Safety
Improvement Program Funding (Site -Specific Improvement) related to the Project.
NOW THEREFORE BE IT RESOLVED by the City of Waukee City Council in session this 10°i
day of July, 2017, that it hereby approves the Iowa Department of Transportation Agreement for
Traffic Safety Improvement Program Funding (Site -Specific Improvement) [Hickman Road/Alice's
Road Turn Lanes].
William F. Peard, Mayor
Attest:
Rebecca D. Schuett, City Clerk
ROLL CALL VOTE AYE NAY ABSENT ABSTAIN
Anna Bergman
R. Charles Bottenberg
Brian Harrison
Shelly Hughes
Larry R. Lyon
January 2017
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT PROGRAM FUNDING
(Site -Specific Improvement)
County
Dallas
Recipient
The City of Waukee
Project No.
CS-TSF-8177(625)--85-25
Iowa DOT
Agreement No.
2018-TS-012
This agreement is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the City of Waukee, 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. H-2017-36 on, December 13, 2016.
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. 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 District 4 Local Systems Engineer, Vince
Ehlert, in Atlantic, Iowa. The Recipient's contact person shall be the Director of Public Works, John
Gibson.
c. The Recipient shall be responsible for the development and completion of the following described
project located in Waukee at Hickman Road (U.S. 6) and Alice's Road:
Dual left-tum lanes on each approach; right -turn lanes on each approach; three through lanes on
U.S. 6; and three through lanes on Alice's Road south of U.S. 6. See Exhibit A-1 for the location
of the project and Exhibit A-2 for the estimated project cost.
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: $(500,000)
b. The portion of the total project costs paid by TSIP shall not exceed the amount stated above or the
actual cost of the TSIP eligible items, whichever is the smaller amount.
c. If a letting is required, the project shall be let to contract within 2 years of the date this agreement is
approved by the Department If a letting is not required, construction on the project shall begin within
2 years of the date this agreement is approved by the Department. If neither condition is met, the
Recipient may be in default, for which the Department may revoke funding commitments. This
2018-TS-012 Waukee US6 Alices.docx
January 2017
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.
I. if the Recipient lets the project, the plans, specifications and other contract documents for each
division must be submitted at least ten weeks (traffic control devices) or fourteen weeks (site
specific project) prior to the project letting of each division.
ii. If the project will be let through the Iowa DOT, project development submittals shall follow Local
Systems I.M. 3.005. 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.
b. If the Recipient lets the project, as described herein, 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.
c. If the Recipient lets the project, then 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 B
which is attached hereto and by this reference incorporated into this agreement.
d. If the Recipient lets the project, then 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.
e. The Recipient shall be the contracting authority for the project.
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 be responsible for the daily inspection of the project, and the compilation of a
daily log of materials, equipment and labor on the project.
c. 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.
d. The Recipient shall notify the DOT's contact person of the date that construction begins and the date
that the project is substantially complete (i.e., when the road is re -opened to traffic).
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January 2017
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, gender identity, 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 (Section 504), and the associated Federal
regulations that implement these laws.
e. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
f. This agreement is not assignable without the prior written consent of the DOT.
g. It is the intent of both parties that no third party beneficiaries be created by this agreement.
h. 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.
I. 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.
j. 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 form of an
addendum to this agreement. Said addendum shall become effective only upon written approval of
the DOT and Recipient.
2018-TS-012Waukee_US5_Allces.docx 5
EXHIBIT A-1
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2018-TS-012_Waukee_US6 Alices.docx 7
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
(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-
725-3132) or from its website at: https://www.iowa.gov/tsb/index.php/home.
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.
2018-TS-012_W a ukee_US6_Alices. docx
Recipient:
County: _
9
3.
4.
Iu
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non -Federal -aid Projects (Third -Party State -Assisted Projects)
Project Number:
Agreement Number:
Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES 0 NO
If no, explain
Were qualified TSB firms notified of project? ❑ YES ❑ NO
If yes, by 0 letter, ❑ telephone, ❑ personal contact, or 0 other (specify)
If no, explain
Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO
If no, explain
Was a goal or percentage established for TSB participation? ❑ YES ❑ NO
If yes, what was the goal or percentage?
If no, explain why not:
Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? 0 YES 0 NO
If no, what action was taken by Recipient?
Is documentation in files? 0 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.
Signature
Date
2018-TS-012_W3ukee_US6_Alices.doc) 11