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HomeMy WebLinkAbout2017-07-10-J01P IDOT Funding Agr_Hickman-Alices Turn Lanes.�I ► � \/Vaukee `f ■'� THE KEY TO GOOD UVIHG 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). 2016-TS-012 Waukee 11S6 Alices.docc 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 LOCATON MAP t } $ o _ � IitCCSCCt 1pt1 r�27 t.ocntion cu1laMw Yrq j 5& wyly�.0 Ct g tILRH ST 'f +y "` �Eln-+,t Jt xL5T0eGlX t/ 'i sC'y;� .! 3 s ZhfF'Y 4R 'Iy 34 se rrrt+�a� � Li�.i u aw•, ax �,. a 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