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Asbury Road and IA 32 Traffic Signal and Grading Project Funding AgreementMasterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Asbury Road and IA 32 Traffic Signal & Grading Project - Traffic Safety Funding Agreement Agreement No. 2009 -TS -017 (Iowa DOT Project No. TSF -32- 1(28)-- 92 -31) (CIP 3002029, 2501814, and 2501815) DATE: April 27, 2010 City Engineer Gus Psihoyos recommends City Council approval for the Mayor to execute the Iowa Department of Transportation Traffic Safety Funding Agreement for a signal and grading project that will make improvements to the IA 32 at Asbury Road intersection. This agreement provides for the utilization of State Traffic Safety Funds (TSF) funding in the amount of $500,000. In addition, this project will also include $48,388 in U -STEP funding and $39,590 in local funding. I concur with the recommendation and respectfully request Mayor and City Council approval. MCVM:jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Michael C. Van Milligen Dubuque Iteriti All- Amedcacfy 2007 Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer DATE: April 26, 2010 Dubuque AU4Amalca City 1111 r 2007 SUBJECT: Asbury Road and IA 32 Traffic Signal & Grading Project — Traffic Safety Funding Agreement Agreement No. 2009 -TS -017 (Iowa DOT Project No. TSF -32- 1(28)-- 92 -31) (CIP 3002029, 2501814, and 2501815) INTRODUCTION The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Traffic Safety Funding Agreement (2009 -TS -017) for a signal and grading project that will make improvements to the IA 32 at Asbury Road intersection. BACKGROUND There are many multiple geometric and signal improvements taking place along IA 32 between US 20 and JFK Road during the 2010 construction year. These improvements include extending left turn lanes, adding right turn lanes, installation of dual left turn lanes at Asbury Road and ITS improvements at each of the signalized intersections. These improvements will be broken down into 3 main projects. One project will be locally bid, the other two projects will include federal dollars and will be bid through the Iowa DOT. DISCUSSION Agreement No. 2009 -TS -017 is for the Asbury Road and IA 32 Traffic Signal & Grading Project which will provide for the following: grading of the southbound right -turn lane to accommodate shifting of through lanes for southbound and northbound dual left-turn lanes at Asbury Road and IA 32 (Asbury Road); milling HMA pavement; traffic signal modifications; HMA paving; temporary pavement marking; and drainage improvements. This agreement between the Iowa DOT and the City of Dubuque (City) provides for the utilization of State Traffic Safety Funds (TSF) funding in the amount of $500,000. In addition, this project will also include $48,388 in U -STEP funding and $39,590 in local funding (CIP 250 - 1814). RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the state funding agreement for the Traffic Safety Fund Program Project (Agreement No. 2009 -TS -017) for the Asbury Road and IA 32 Traffic Signal & Grading Project. BUDGET IMPACT The summary of the project costs is as follows: CIP No. Funding Source Amount 3002029 Iowa DOT Traffic Safety Grant $500,000.00 3002029 Iowa DOT U -STEP Grant 48,388.00 2501814 NW Arterial Capacity Improvements 39,590.00 2501815 Traffic Consultant Services 66,496.00 Total Project Funding $ 654,474.00 ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the Iowa Department of Transportation State Funding Agreement (Agreement No. 2009 -TS -017) for the Asbury Road and IA 32 Traffic Signal & Grading Project. cc: Jenny Larson, Budget Director Don Vogt, Public Works Director John Klostermann, Street Maintenance Supervisor Bob Green, Water Department Manager Robert Schiesl, Assistant City Engineer Jon Dienst, Civil Engineer II Greg Doeden, Civil Engineer II Deron Muehring, Civil Engineer II RESOLUTION NO. 131-10 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION STATE AID FUNDING AGREEMENT (AGREEMENT NO. 2009 -TS -017) FOR THE ASBURY ROAD AND IA 32 TRAFFIC SIGNAL & GRADING PROJECT. Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Iowa DOT (TSF) funds for the Asbury Road and IA 32 Traffic Signal & Grading Project. Whereas, the Asbury Road and IA 32 Traffic Signal & Grading Project which will provide for the following: grading of the southbound right -turn lane to accommodate shifting of through lanes for southbound and northbound dual left -turn lanes at Asbury Road and IA 32 (Asbury Road); milling HMA pavement; traffic signal modifications; HMA paving; temporary pavement marking; and drainage improvements. Whereas, the Iowa DOT TSF funds will be eligible to complete said improvements to the IA 32 at Asbury Road intersection, within Dubuque County, Iowa. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That said Iowa DOT Traffic Safety Funding Agreement (Agreement 2009 -TS -017) between the City of Dubuque and the Iowa Department of Transportation be approved for a signal and grading project that will make improvements to the IA 32 at Asbury Road intersection. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Traffic Safety Funding Agreement (Agreement No. 2009 -TS -017) for the Asbury Road at IA 32 Traffic Signal and Grading Project in Dubuque. Attest: Passed, approved and adopted this 3rd day of eanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor Iowa Department of Transportation NOP District 6 Office 319 - 364 -0235 430 Sixteenth Avenue SW FAX: 319 -364 -9614 P.O. Box 3150, Cedar Rapids, IA 52406 -3150 kent.ellis @dot.iowa.gov March 25, 2010 Mr. Robert D. Schiesl, P. E. City of Dubuque- Engineering Division 50 West 13 Street Dubuque, Iowa 52001 -4864 SUBJECT: Agreement TSF -32- 1(28) -92 -31 FINAL (Iowa 32 at Asbury Rd in Dubuque) Dear Mr. Schiesl: 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 development and completion of Traffic Safety improvements at the intersection of Iowa 32 and Asbury Road consisting of turning lanes and a change in signal phasing.. 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 sign the agreements, and one of the fully executed agreements will be returned to your office. Please contact me if you have any questions concerning this agreement. KLE /sjb Enclosures (2) Ref: TSF -32- 1(28 )-92 -31 Dubuque County City of Dubuque Agreement No. 2009 -TS -017 Sincerely, Kent L. Ellis, P.E. Local Systems Engineer District 6 C34,9'10 - :�ePoclvlUU 4 Eh.s, 4'at.0- 10 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR TRAFFIC SAFETY IMPROVEMENT FUNDING (Site Specific Improvement) RECIPIENT: Dubuque, Iowa COUNTY: Dubuque PROJECT NO.: TSF -32- 1(28)- -92 -31 AGREEMENT NO.: 2009 -TS -017 This 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- 2008 -50 on, February 12, 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: 1. 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 Traffic Engineer. 3. The Recipient shall be responsible for the development and completion of the following described Traffic Safety Improvement project: The intersection of Iowa 32 and Asbury Road will be improved with the addition of turn lanes and a change in signal phasing. See Exhibit A -1 for the location of the project and Exhibit A -2 for the estimated project cost. 4. Eligible project costs for the project described in paragraph 3 of this agreement which are incurred after the effective date of Commission Approval shall be paid from Traffic Safety Improvement funds and other funds as listed below, subject to the execution of a signed agreement: 2 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. 7. 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. 8. The Recipient shall initiate project activities in a timely manner. The proposed project completion date is December 31, 2011. 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. 9. 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. 18 feet from the edge of the traveled way along Iowa 32. B. 10 feet from the edge of the traveled way along Asbury Road. C. In areas of auxiliary lanes and/or corner radii /tapers, 10 feet from the back -of -curb or edge of slab; or D. Within the entire project limits, all fixed objects, including signal poles /controller, shall be located /relocated to meet the clear zone established above. E. 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. F. The DOT Office of Traffic and Safety may approve exceptions on a case -by -case basis. 3 10. 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 signal /lighting 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 1 /2 mile of the subject access to provide for progressive traffic flow. Said plans shall be reviewed and approved by the DOT Office of Traffic and Safety. D. Pedestrian activated signals shall be provided for all pedestrian movements and timed in accordance with the current 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. H. Signals shall operate with protected only phasing with dual left-turn lanes at North/South Iowa 32. A right -turn lane shall be added on the north side southbound lane of Iowa 32. Lighting shall be added for the intersection approaches. 11. 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 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. 4 12. Prior to final reimbursement for the project, the Recipient shall furnish three sets of "as- built" plans for any portion of the project which is on or intersects any primary road or primary road extension to the DOT's contact person for future maintenance and road design purposes. 13. In the event that right -of -way is required for the project listed in paragraph 3 of this agreement, said right -of -way shall be acquired in accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and Relocation Assistance. The Recipient shall submit preliminary right -of -way plans to the DOT's Office of Right -of -way for review and approval prior to the commencement of any acquisition. Additionally, if said right -of -way is for an improvement to the Primary Road System, it shall be acquired in the name of the State of Iowa. 14. 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 project prior to the start of construction. Neither the approval of the Traffic Safety application for funding nor the signing of this agreement shall be construed as approval of any required permit from the DOT. 15. 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. 16. If this project requires the installation of or modification to a traffic control signal system, the Recipient shall be responsible for all future ownership, maintenance, and energy costs of said installation or modification. 17. The Recipient shall conduct the project development and implementation in compliance with applicable laws, ordinances and administrative rules. For portions of the project let to bid, the Recipient shall advertise for bidders, make a good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the project work. DOT concurrence in the award must be obtained prior to the award. The Recipient shall provide the DOT file copies of project letting documents within five (5) days after letting. Additionally, for projects where Federal highway funds, Farm -to- Market funds, or other Federal funds are used to match Traffic Safety Improvement funds, the Recipient shall also follow all administrative and contracting procedures which would normally be used when such funds are used on a non - Traffic Safety Improvement project. The Recipient shall comply with all requirements for the use of said funds. 18. 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. 5 19. 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. 20. 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. 21. 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 project 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. 22. 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. 23. 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. 24. 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. 25. Upon completion of the project described in this agreement, a professional engineer licensed to practice in the State of Iowa shall certify in writing to the DOT that the project activities were completed in substantial compliance with the plans and specifications set out in this agreement. Final reimbursement of Traffic Safety Improvement funds shall be made only after the DOT accepts the project as complete. 26. 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. 6 27. 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. 28. 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. 29. 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. 30. 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. 31. 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. 32. 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. 33. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. 34. This agreement is not assignable without the prior written consent of the DOT. 35. It is the intent of both parties that no third party beneficiaries be created by this agreement. 36. 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 7 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. 37. 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. 38. This agreement as set forth in paragraphs 1 through 38 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 tern 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. 2009 -TS -017 as of the date shown opposite its signature below. City of Dubu ue, Iowa: By: Title: Ma or Date May 3 ,20 I, J e a n n e F. Schneider , certify that I am the Clerk of the City, and that Roy D. B u o 1 , who signed said Agreement for and on behalf of the City was duly authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the City, on the i 3rd day of May , 2010 Signed � < </ ' AFAR Date May 3 , 20 . City Cl of Dubuque, Iowa Iowa. Department of Transportation: By: Date , 20 Steve Gent Director, Office of Traffic and Safety IA 32 (NW ARTERIAL) - ASBURY ROAD INTERSECTION LOCATION MAP ITEM Remove Pavement Sawcut Existing Pavement PAVEMENT / SURFACING Concrete Pavement Concrete Curb & Gutter Concrete Median Surfacing HWA Wedge & Leveling Courses HWA Full Depth Widening Granular Shoulders Excavation Embankment STORM SEWER Storm Sewer Inlet (RA -41) Storm Sewer Pipe (18" Dia.) Storm Sewer Flared End Section (18 " Dia.) Signals (2 New Poles, Mast Arms, Signal Heads) Pavement Markings (10% of Pavement / Surfacing Cost) 10 EXHIBIT A -2 (1 of 2) QUANITY UNITS UNIT TOTAL COST COST % OF TOTAL COST 4.985 SY $9.00 $44,865 3.77% 1.500 LF $3.80 $5,700 0.48% 5,020 SY $45.00 $225,900 18.98% 2,050 LF $22.00 $45,100 3.79% 375 SY $40.00 $15,000 1.26% 60 TON $53.00 $3,180 0.27% 370 TON $55.00 $20,350 1.71% 310 TON $15.00 $4,650 039% 100 CY $2.50 $250 0.02% 1,850 CY $6.50 $12,025 1.01% 4 EA $3,520.00 $14,080 1.18% 375 LF $48.00 $18,000 1.51% 4 EA $640.00 $2,560 0.22% 1 LS $40,000 $40,000 Lighting 1 LS $150,000 $150,000 (Includes 20 Luminaires for IA 32 ?Asbury Road Intersection Approcahes) $31,418 3.36% 12.61% 2.64% ITEM Traffic Control (10% of Pavement / Surfacing Cost) Modified Subbase (25% of Pavement / Surfacing Cost) Subgrade Stabilization (30% of Pavement / Surfacing Cost) Landscaping (15% of Pavement / Surfacing Cost) Subtotal Mobilization (5% of Above Items) Contingencies (30% of Above Items) 11 EXHIBIT A -2 (2 of 2) QUANITY UNITS UNIT TOTAL % OF COST COST TOTAL COST $31,418 2.64% $78,545 6.60% $94,254 7.92% $47,127 3.96% $884,422 $44,221 3.72% 22.30% $265,327 C. 12 EXHIBIT B (Site- Specific Improvements) Project activities or costs eligible for Traffic Safety Improvement funds include only the following: a. Road modernization, upgrading or reconstruction. b. Bridge and culvert modernization, replacement or removal. c. Road intersection and interchange improvement including channelization, traffic control devices or lighting. d. Right of way required for a traffic safety project. e. Drainage and erosion measures which are an integral part of the project. f. Traffic control devices required by the project. g. Guardrail. h. Tree removal. i. Other construction activities directly related to or required by the safety project. 13 EXHIBIT 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 commission approval of funding. b. Routine maintenance of a road, street, bridge, culvert or traffic control device. c. Safety - related activities associated with projects initiated for purposes other than traffic safety. d. Contract administration costs. e. Design and construction engineering and inspection. f. Utility construction, reconstruction, or adjustment except as an integral part of a project. g. Sidewalks, bicycle paths or railroad- highway crossings, except as an integral part of the project. h. Expenditures for items not related to the roadway. 5. For construction contracts: 6. For consultant contracts: 14 EXHIBIT D 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 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. 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. 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. Recipient: Project Number: 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? $ 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 goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? 0 YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 15 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non - Federal -aid Projects (Third -Party State - Assisted Projects) County: Agreement Number: Title Signature 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. Date