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IDOT Agreement for Traffic Safety Improvement FundingT®: The Honorable Mayor and City Council Members F®IVI: Michael C. Van Milligen, City Manager Sl1JECT: Iowa Department of Transportation Agreement for Traffic Safety. Improvement Funding Iowa DOT Project No. CS-TSF-2100(644)--85-31 Agreement No. 2010-TS-018 ®~-TE: April 14, 2009 On June 2, 2008, the City Council authorized the City to file an application for Traffic Safety Improvement funding for the Pennsylvania Avenue Improvements Project. City Engineer Gus Psihoyos recommends City Council authorization to execute the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding in the amount of $500,000 of the $508,000 project for the Pennsylvania Avenue Improvement Project, IA 32 (Northwest Arterial) to Vizaleea Drive. I concur with the recommendation and respectfully request Mayor and City Council approval. ~..~. Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer SUEJCT: Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding Iowa DOT Project No. CS-TSF-2100(644)--85-31 Agreement No. 2010-TS-018 INTRODUCTION The enclosed resolution authorizes the City Manager to execute the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-2100(644)--85-31, Agreement No. 2010-TS-018) for the Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive. BACKGROUND On June 2, 2008, the City Council authorized (Resolution 175-08) the City to file an application for Traffic Safety Improvement funding for the Pennsylvania Avenue Improvements Project from IA 32 (Northwest Arterial) to Vizaleea Drive. Due to the increasing growth of traffic volumes, along with operational and safety concerns, it has been determined that Pennsylvania Avenue from IA 32 to Vizaleea Drive could be improved by roadway, sidewalk, and traffic signal improvements. Pennsylvania Avenue is a four-lane undivided collector with a 35 mph speed limit from IA 32 to Vizaleea Drive. The Engineering Department has been working with officials of the Dubuque Community School District, Legal Services, Police Department, and a traffic engineering consultant to find ways to enhance this section of roadway. DISCUSSION The Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive, funded by this grant includes: - Conversion of a three-lane section of Pennsylvania Avenue from 100 feet west of Vizaleea Drive to Alicia Street. - Addition of a 300- to 400-foot right-turn lane on the westbound approach at the Hempstead High School parking lot entrance. - Widening of the offset bus lane exit and addition of vehicle detection. - Addition of: 5 school zone flashing beacons; a signalized overhead mast arm crosswalk with countdown pedestrian signal heads; fencing on the west side of Hempstead High School near the bus lane; and 3 pedestrian traffic signal heads. - Upgrade existing traffic signals with ITS control cabinet and interconnect. The work is anticipated to take place this summer. Per the Agreement, all work is to be completed no later than December 30, 2010. REC®IVIIVIEN®ATI®N I recommend that the City execute the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-2100(644)--85- 31, Agreement No. 2010-TS-018) for the Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive. UDGET 6MPAC1° The funding for the Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive will be as follows: 4-Lane to 3-Lane Conversion $ 32,000 School Zone Speed Reduction 32,000 Signalized Crosswalk 146,500 Geometric Improvements 12,000 Existing Signal Improvements 45,000 Signal Interconnect 95,500 Right-Turn Lane 145,000 `Total Project Cost 508 000 The City received approval to "pre-spend" for the Hempstead Safety Improvements - Crosswalks & Geometrics Project awarded to McDermott Excavating. This project included the installation of a signalized crosswalk, fiber optic conduit, handholes, miscellaneous concrete foundations as well as sidewalk curbing, driveway, and access ramp. The remaining $8,000 balance will come from CIP 2501011 (Traffic Signalization). ACTI®N °TO E TAaCEN I respectfully request City Council to authorize the City Manager to execute the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding (Iowa DOT Project No. CS-TSF-2100(644)--85-31, Agreement No. 2010-TS-018) for the Pennsylvania Avenue Improvements Project, IA 32 to Vizaleea Drive. Prepared by David Ness, PE cc: Kent Ellis, PE -Iowa Department of Transportation Jenny Larson, Budget Director Kim Wadding, Police Chief Don Vogt, Public Works Director Bob Schiesl, Assistant City Engineer Bill Schlickman, Traffic Engineering Assistant K:\PROJECTS\PA AVENUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS\Council\Pennsylvania Avenue from IA 32 to Vizaleea Drive -Iowa DOT Agreement Memo.doc RESOLUTION NO. 122-09 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING FOR THE PENNSYLVANIA AV NUE FROM IA 32 TO VIZALEEA DRIVE SAFETY IMPROVEMENTS (CS-TSF-2100(644)--85-31, AGREEMENT 2010-TS-018) Whereas, the Iowa Department of Transportation (Iowa DOT) has made funds available for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project; and Whereas, Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project includes: conversion of Pennsylvania Avenue to a three-lane section from 100 feet west of Vizaleea Drive to Alicia Street; addition of five school zone flashing beacons; a signalized overhead mast arm crosswalk with countdown and fencing on the west side of Hempstead High School near the bus lane; addition of three pedestrian traffic signal heads; widening the offset bus lane exit and adding vehicle detection; upgrade of existing traffic signals with ITS control cabinet and interconnect; and addition of a 300- to 400-foot right-turn lane on the westbound approach at the high school parking lot entrance; and Whereas, the Traffic Safety Improvement Funds Funds will be required to complete said Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project; and NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project between the City of Dubuque and the Iowa Department of Transportation (CS-TSF-2100(644)--85-31, Agreement 2010-TS-018) be approved. Section 2. That the City Manager be authorized and directed to execute two copies of the Iowa Department of Transportation Agreement for Traffic Safety Improvement Funding between the City of Dubuque and the Iowa Department of Transportation (CS-TSF-2100(644)- -85-31, Agreement 2010-TS-018) for the Pennsylvania Avenue from IA 32 to Vizaleea Drive Safety Improvements Project. Passed, approved and adopted this 20th day of April, 2009 Roy D. Buol, Mayor Attest: Jeanne F. Schneider, CMC, City Clerk ~~,~ `' ~~ ~~ t~istrict 6 Office 430 Sixteenth Avenue SW P.O. Box 3150, Cedar Rapids, IA 52406-3150 March 26, 2009 Robert Schiesl Assistant City Engineer Engineering Department City Hall 50 West 13th Street Dubuque, Iowa 52001-4805 319-364-0235 FAX: 319-364-9614 kent.ellis@dot.iowa.gov Ref: CS-TSF-2100(644)--85-31 Dubuque County City of Dubuque Agreement # 2010-TS-018 SUBJECT: Agreement for Traffic Safety Improvement Funding (Pennsylvania Avenue from IA 32 to Vizaleea Drive safety improvements in Dubuque) Dear Robert: I have enclosed two (2) copies of an agreement between the City of Dubuque and the Iowa Department of Transportation for the referenced project. The project involves safety improvements on Pennsylvania Avenue from IA 32 to Vizaleea Drive. Please secure the necessary approvals and signatures of the appropriate city officials and return both signed copies of the agreement to this office for further processing. After I receive the signed copies of the agreement, I will forward to the office of Traffic and Safety for signature, and then the fully executed agreement will be returned to your office. Those that are involved with the project should carefully review the standard provisions and exhibits for this TSF agreement. Please contact me if you have any questions concerning this agreement. Sincerely, .~ . ~~~ ` ~ r$ Kent L. Ellis, P.E. District Local Systems Engineer KL,E/sjb Enclosure (2) IOWA DEPARTMENT OFT SPORTATION AG EMENT FOR TRAFFIC SAFETY IMPROVEMENT FiTNDING (Site Specific Improvement) RECIPIENT: Dubuque, Iowa COUNTY: Dubuque PROJECT NO.: CS-TSF-2100(644)--~5-31 AGREEMENT NO.: 2010-TS-Old his is an agreement between Dubuque, Iowa (hereinafter referred to as Recipient) and the Iowa 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(15), and the application was approved by Transportation Commission Order No. H-2009-23 on, December 9, 2008. 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: 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 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be the City Engineer. The Recipient shall be responsible for the development and completion of the following described Traffic Safety Improvement project located in the city of Dubuque along the corridor of Pennsylvania Avenue from Iowa 32 (Northwest Arterial) to Vizaleea Drive: Pennsylvania Avenue shall be converted to a 3-lane section from 100 feet west of Vizaleea Drive to Alicia Street and with the following installations/modifications: Add 5 school zone flashing beacons, a signalized overhead mast arm crosswalk with countdown and fencing on the west side of Hempstead High School near the bus lane; add 3 pedestrian traffic signals, widen the offset bus lane exit and add vehicle 2 detection; upgrade existing traffic signals with ITS control cabinet; and add a 300-400 foot right-turn lane on the westbound approach at the high school parking lot entrance. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 4. Eligible project costs for this project described in paragraph 3 of this agreement which are incurred after the effective date of March 24, 2008 approved by the DOT Office of Traffic & Safety 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: $500,000 5. The portion of the total project costs paid by Traffic Safety Improvement funds shall not exceed the amount stated above ($500,000) 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, 2010. 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 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. 8. A clear zone will be established as part of this project. The clear zone to the face of the signal poles/controller shall be whichever of the following provides the greater clearance: A. 12 feet from the edge of the traveled way. B. In areas of auxiliary lanes and/or corner radii/tapers, 10 feet from the back-of--curb or edge slab. 3 C. Within the entire project limits, all fixed objects, including signal poles/controller, shall be located/relocated to meet the clear zone established above. D. Any fixed obj ect, existing or new, that causes a sight restriction that would interfere with the visibility of the signal indications shall be relocated or removed. E. Corner Returns: driveways shall be located at least 15 feet from the end of the returns. F. The DOT Office of Traffic & Safety may approve exceptions on a case-by-case basis. For projects which include the installation or modification of traffic signal systems, the following shall apply: 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. Combination signaUlighting pole shall be used to minimize the number of fixed objects. C. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within %2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. D. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. E. The concrete pad for the controller shall extend no more than 4 inches above the ground line. F. 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. G. Dilemma zone protection shall be provided if the 85t" percentile speed is at/over 35 mph. All pedestrian accommodations within the project shall meet current ADA requirements. 10. The proj ect 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 may be 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 4 control devices) or fourteen weeks (site specific 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 prof ect. 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. Prior to final reimbursement for the project, the Recipient shall fizrnish three sets of "as-built" plans for anyportion of the project which is on or intersects anyprimaryroad orprimaryroad extension to the DOT's contact person for future maintenance and road design purposes. 12. 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 ofRight-of--way for review and approval prior to the commencement of any acquisition. Additionally, ifsaidright-of--way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. 13. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy 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 proj ect prior to the start of construction. Neither the approval of the Traffic Safety application for funding nor the signing of this agreement shall be constnied as approval of any required permit from the DOT. 14. 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. 15. If this proj ect 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. 16. The Recipient shall conduct the project development and implementation incompliance with applicable laws, ordinances and administrative rules. For portions of the proj ect 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 proj ect 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 5 follow all administrative and contracting procedures which would normally be used when such funds are used on anon-Traffic Safety Improvement project. The Recipient shall comply with all requirements for the use of said funds. 17. 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. 1 ~. 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. 19. 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. 20. The Recipient hereby certifies that, for a period often (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 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 prof ect without the prior written approval of the Office of Traffic Engineering and Safety. Failure to comply shall be considered a default under the terms of this agreement. 21. 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. 22. 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 terms of this agreement. 23. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, less a withholding of 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit, 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 Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. 24. 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 6 agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only after the DOT accepts the project as complete. 25. 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. 26. 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. 27. In the event a default is not cured the DOT may revolve 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. 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. 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. 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. Incase 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 7 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, 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. 8 1N WITNESS WHEREOF, each of the parties hereto has executed Agreement No.2010-TS-018 as of the date shown opposite its signature below. City of Dubuque, Iowa: By: _ Title: Date 20 I, ,certify that I am the Clerk of the City, and that who signed said Agreement for and on behalf of the Citywas duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the day of , 20 Signed City Clerlc of Dubuque, Iowa Iowa Department of Transportation: By: Date Date 20 20 Steve Gent Director, Office of Traffic and Safety 9 EXIIIBI'T A-1 ( ~ ~ ~~ ~ ~ ~ ~~ r ~.' _ R f L ~ _ ~ ~ i '^,,~ ~ , ,• F , _C t ~~_ _ ~,cgilRYCdURT is ,.--? !~ 'T ~ y -~ ~ ~4 ~y~yr ~~b ( IT 'iu ``~~~r z ~ _,i ' zL ~__ ~~ "~ i v ~~ = F ~ i'JQLFF ~ ~1~~~~~Ai I _ E.ht"dA`.5.°Y htOR'"?iRAhGE ~ _ f .. nr" ~R,evi srs~+a _1 i i '~ ~, dJ~ ~.~ ? _tJ~ ~.~ `~ SHGNIi ~.. , ~ `ti ~+UFi~fJS.I ` `~ti_l i~ -. CR~~~j~P,~, NS ~.p, `~ '~ j .~ ~(~~~REST z? ~. ~ ~ { w' r~s~psta ~Hlsh 5~c~ FOGTytll. l {. i ~~,y~ ,~ ICcuF~ED`.' ~ aUy`~., I.~_, 3„gRk~cR _ __ _ - ~'_'N ~~` ~! l ~~~~~ ~y~L ~, i• (],~y ~~ ~~ c CO ; W~ d to . W; r +. ~.' ~ i _y I -.° ' ~ CRcST~YGCC ~i `mot ^", ~ ill I ,~ , ~ a t k' ~ c> N; pr~~iiCfS ~, ~ Q ~ ~ _ ! - {~ ~+~~ ~$TdNElulA.~t ~1 ,`,I i ~ ~ ~" ~i ~ ~ ~ i `1': ~' '~ ' i? ~~ I ~''~ .- . ___.u . ~GO~r 10 E I~IT A-2 Itern~ed ~reakdoe~n of Cost ~roj~t ~os~ ~4.~ t~ ~~~ C~~~?~~~ ~~2,~~ ~~aol ~e ~eec1 ~,~~t~~on ~3SDb Sid ~ra~~~ra ~~6,500 ~Q~i~ r~v~n~s ~ 12,OOQ ~~~ ~i~ ~zav~~ ~45,~0~ ~~~a~~~~rc~~~~~ ~9~,~~0 tu~~ $~~~,~i0 'a ~roj~~t host ~~tJB,~~~ 11 EXIIIBI'I' (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. 12 EXIII~IT' C (Site-Specific Improveflnents) Activities or costs ineligible for Traffic Safety Improvement funds include but are not limited to the following: a. Any and all costs incurred prior to the March 24, 2008 approval bythe DOT Office of Traffic & Safety. 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 the project. h. Expenditures for items not related to the roadway. 13 EXHIBIT UTILIZATION OF TARGETED sI~ALL BuslNESS (TSB) ENTERPRISES oN NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSISTED PROJECTS) In accordance with Iowa Code Section 198.7 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 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. 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. 14 CHECKLIST AN® CERTIFICATION F®r the lJtilizati®n ®f °Targeted small businesses (T~ ) n N®n-Federal-aid Pr®jects ('Third-Party Mate-Assisted Pr®jects) 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, explai 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 IOWA DEPARTMENT OF TRANSPORTATION AG EMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING (Site Specific Improvement) RECIPIENT: Dubuque, Iowa COUNTY: Dubuque PROJECT NO.: CS-TSF-2100(644)--85-31 AGREEMENT NO.: 2010-TS-018 his is an agreement between Dubuque, Iowa (hereinafter referred to as Recipient) and the Iowa 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 S ection 312.2(15), and the application was approved by Transportation Commission Order No. H-2009-23 on, December 9, 2008. 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: 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 6 Local Systems Engineer in Cedar Rapids, Iowa. The Recipient's contact person shall be the City Engineer. 3. The Recipient shall be responsible for the development and completion of the following described Traffic Safety Improvement project located in the city of Dubuque along the corridor of Pennsylvania Avenue from Iowa 32 (Northwest Arterial) to Vizaleea Drive: Pennsylvania Avenue shall be converted to a 3-lane section from 100 feet west of Vizaleea Drive to Alicia Street and with the following installations/modifications: Add 5 school zone flashing beacons, a signalized overhead mast arm crosswalk with countdown and fencing on the west side of Hempstead High School near the bus lane; add 3 pedestrian traffic signals, widen the offset bus lane exit and add vehicle 2 detection; upgrade existing traffic signals with ITS control cabinet; and add a 300-400 footright-turn lane on the westbound approach at the high school parking lot entrance. See Exhibit A-1 for the location of the project and Exhibit A-2 for the estimated project cost. 4. Eligible project costs for this project described in paragraph 3 of this agreement which are incurred after the effective date of March 24, 2008 approved by the DOT Office of Traffic & Safety 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: $500,000 The portion of the total project costs paid by Traffic Safety Improvement funds shall not exceed the amount stated above ($500,000) 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, 2010. 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 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. 8. A clear zone will be established as part of this project. The clear zone to the face of the signal poles/controller shall be whichever of the following provides the greater clearance: A. 12 feet from the edge of the traveled way. B. In areas of auxiliary lanes and/or corner radii/tapers, 10 feet from the back-of--curb or edge slab. C. Within the entire prof ect limits, all fixed objects, including signal poles/controller, shall be located/relocated to meet the clear zone established above. D. Any fixed object, existing or new, that causes a sight restriction that would interfere with the visibility of the signal indications shall be relocated or removed. E. Corner Returns: driveways shall be located at least 15 feet from the end of the returns. F. The DOT Office of Traffic & Safety 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: 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. Combination signaUlighting pole shall be used to minimize the number of fixed objects. C. Interconnection and coordinated traffic signal timing plans shall be developed for the traffic signals if there are two or more other signal installations within %2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved the DOT Office of Traffic & Safety. D. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the MUTCD. E. The concrete pad for the controller shall extend no more than 4 inches above the ground line. F. 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. G. Dilemma zone protection shall be provided if the 85th percentile speed is at/over 35 mph. All pedestrian accommodations within the project shall meet current ADA requirements. 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 may be 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 4 control devices) or fourteen weeks (site specific 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. Prior to final reimbursement for the prof ect, the Recipient shall furnish three sets of "as-built" plans for anyportion of the project which is on or intersects anyprimaryroad or primary road extension to the DOT's contact person for future maintenance and road design purposes. 12. 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 PrimaryRoad System, it shall be acquired in the name ofthe State of Iowa. 13. The Recipient shall be responsible for obtaining any permits, such as the Right to Occupy 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 proj ect 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. 14. 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. 15. If this proj ect 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. 16. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the proj ect 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 proj ect 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 anon-Traffic Safety Improvement project. The Recipient shall comply with all requirements for the use of said funds. 17. 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. 18. Proj ect 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. 19. 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. 20. 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 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 Proj ect without the prior written approval of the Office of Traffic Engineering and Safety. Failure to comply shall be considered a default under the terms of this agreement. 21. 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. 22. The Recipient may submit to the DOT periodic itemized claims for reimbursement for eligible prof ect 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 terms of this agreement. 23. The Department shall reimburse the Recipient for properly documented and certified claims for eligible project activity costs, less a withholding of 5% of the Federal and / or State share of construction costs, either by state warrant or by crediting other accounts from which payment may have been initially made. If upon final audit, 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 Recipient has provided all required paperwork, the Department will release the Federal or State funds withheld. 24. 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 6 agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only after the DOT accepts the project as complete. 25 . 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. 26. 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. 27. 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. 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. 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. 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. Incase 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, constitutes the entire agreement between the DOT and the Recipient concerning this proj ect. Representations made before the signing of this agreement are not binding, and neitherparty 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. 8 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2010-TS-018 as of the date shown opposite its signature below. City of Dubuque, Iowa: By: _ Title: Date 20 I, certify that I am the Clerk of the City, and that who signed said Agreement for and on behalf of the Citywas duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the day of , 20 Signed City Clerlc of Dubuque, Iowa Iowa Department of Transportation: By: Date Date 20 20 Steve Gent Director, Office of Traffic and Safety 9 E IBIT A-1 ~ - , ; ~, ~, ,'- ;~: I ~'- ~ C f 6 ~~ I~ ~ ~_ l L u _ i ,;. t, ,;, _ p,C4~IRY GOUR7 ! T ~ .--~ ` a .~' `` ~,.~~'~4yn$ ~~~`q ,, ~~~ -- `-' i ti 1~ I ~rM - C ~ ~ ti. ;Z i~ ~ ~i -~C tr`+Q~ ~J` J 4 sl ' ' ~ i~ ~1x~R`~ Ir ~"'~-~r_6,~ I ~`t~ ~,{_ ~ F~ccr~~aL `~ Ilt ~~`ti~'!~' -.,__, ^~' ~, ,. .,~ iY.;r~. ,~, Ti h~:=r• }'~+JIFF ~ I` ~ ~t3~5~~~~ h~Ri~i~tANCE ,Jt"~"''°,Y 4 '- M1M1~~AA~~ }}~ yy .,_. 8 S i 0.35 0.3 -~' 0.~ f~.. E ,~.'`i `~ 1 S,T,'l1GKI~; 2 i w tit r1UP.LRk.`~ ~ti=j.,.- f .r .1 i I i ~ ; I s; `~~R~ ~! ~~ t W ~`; c~: ~. co: d ~IELL~RES'T z= :~~ wi p~tarc~pMMs^^tAAaa^^d^'' ~~~ YU'4fiH i >" w~ Q C, I~ ~~ I~ x, r'~. r= d~ ~: 'v' w ~i ~ !.~ ~i 't i ~''~...,, 7 \~ c Q - ER , _ i y , , _a ~,, KE~lh~EO'? .,.,. ~ ~i ' 4. d ; i '~ ~' I ~ I ! ~- . tr , z' ~h7 }~ } ,x ~CkUGR'~5S S-w'V'd~ _~~_ _ ~ _ snRttiR _ _ x _ w T.: ~i I :J ~Id~:r~'dE ! ' GRcSI"~'t6CC r; gx~iiCtS N;_, _ ?~ ~~N ~SttJniEf~.*~ .I _.~; ~`~ i ~, ~ f 2; u~ ! G. - r! ~' :~ M ~ ~; a' 11 u: ¢: Yi ~corri 10 EXIII~IT A-2 Itemized ~real~ciowaa of Cost ~roj~fi ~o~ ~~~ to 3~~ Co~~~~~~ ~32,~~4 S~~oal ~~~ Spy ~ed~~on $~~QQ(l 5~~~ rasswa~ ~~~,~QO ~~m~~c rt~v~11s ~ ~2,O~D ~~~ ll~ I~OY~~1 ~~~,~0~ ~J~~ ~GPC(t11~~C~ ~~~,~~~ ~Q ~~~J~C~ ~OS~ ~~~~,~~~ 11 EXIII~IT ~ (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 prof ect. 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. 12 EXIII~IT C (Site-Specific Improvements) Activities or costs ineligible for Traffic Safety Improvement funds include but are not limited to the following: a. Any and all costs incurred prior to the March 24, 2008 approval by the DOT Office of Traffic & Safety. 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 the project. h. Expenditures for items not related to the roadway. 13 EXHI IT' uT~L~ZATION of TARGETED snnALL I~usl~ESS (TSS) ENTERPRISES o~ NON-FEDERAL AID PROJECTS (TwIRD-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 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. 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. 14 CHECKLIST AND CERTIFICATION For the Utilization of °fargeted Small i3usinesses (TS ) n 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 goat br 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