Hwy 20 Landscaping Ph 2 STP Funding
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MEMORANDUM
November 28, 2005
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT: Approval of Agreement for STP Funding
Leisure Services Manager Gil Spence recommends City Council approval of an
Agreement for STP Funding with the Iowa Department of Transportation for $100,000 of
funding for the Highway 20 Landscaping Project, Phase II.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
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Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
GiI D. Spence, Leisure Services Manager
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MEMORANDUM
November 28, 2005
TO: Michael C. Van Milligen, City Manager
FROM: Gil D. Spence, Leisure Services Managet
SUBJECT: Approval of Agreement for STP Funding
INTRODUCTION
The purpose of this memorandum is to request that the City Council approve the
Agreementfor STP Funding with the Iowa Department of Transportation for $100,000 of
funding for the Highway 20 Landscaping Project, Phase II.
DISCUSSION
The City has received a MPO funded TE Project for landscaping along Highway 20 in
the amount of $144,842. This STP Funding will add $100,000 to the project and serve
as the matching funds for the grant.
Phase II of the Highway 20 Landscaping Project is the area around the Hill/Bryant
Streets interchange. A preliminary design has been completed and the final design
process has begun. The plan is for the bidding process to be done over the winter to
allow for spring construction. Total project costs will be $244,842.
ACTION STEP
The action requested is that the City Council approve the Iowa Department of
Transportation Agreement for STP Funding for $100,000 and authorize the City
Manager to sign it.
GDS:et
attachment
lOW A DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR STP FUNDING
SPONSOR: City of Dubuque
COUNTY: Dubuque
PROJECT NO.: N/A
AGREEMENT NO.: 2006-TPP-001
This is an agreement between the City of Dubuque (hereinafter referred to as Sponsor) and the Iowa
Department of Transportation (hereinafter referred to as the DOT). The Sponsor submitted an
application to the DOT for funding through the Iowa Department of Transportation!
Department of Natural Resources Planting Program established by DOT Policy Number 610.15, and
the application has been approved by the DOT. .
Pursuant to the terms of this agreement, and applicable statutes and administrative rules, the DOT
agrees to provide funding to the Sponsor to aid in the development of a project within the City of
Dubuque on US 20.
In consideration of the foregoing and the mutual promises contained in this agreement, the parties
agree as follows:
1. If portions of the project are let to bid, the Sponsor shall use positive efforts to solicit bids
from and to utilize targeted small business (TSB) enterprises as contractors and ensure that the
contractors make positive efforts to utilize these enterprises as subcontractors, suppliers or
participants in the work covered by this agreement. Efforts shall be made and documented in
accordance with Exhibit B, which is attached hereto and by this reference incorporated into
this agreement.
2. All notices required under this agreement shall be made in writing to the DOT and the
Sponsor's contact person. The DOT's point of contact shall be the Staff Office located in
DyersvilIe, Iowa. The Sponsor's contact person shall be
3. The Sponsor shall be responsible for the development and completion of the project described
in the Sponsorship of Highway Plantings Permit (Form No. 610005) which was issued in
accordance with DOT Policy and Procedure Manual 6 I 0.14, and which is included herein as
Exhibit A.
4. Eligible project costs for the project described in the Sponsorship of Highway Plantings
Permit (Form No. 610005), (Exhibit A), which are incurred after the effective date of this
agreement shall be paid as listed below:
STP Funds (Grant)
$100,000.00
Page 2A
5. The Sponsor shall conduct the project development and implementation in compliance with
applicable laws, ordinances, administrative rules, this agreement, and the conditions set out in
the Sponsorship of Highway Plantings Permit (Form No. 610005).
If portions of the project are let to bid, the Sponsor 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. The Sponsor shall provide the DOT file copies of project letting documents
within five (5) days after letting.
6. Project activities or costs eligible for funding includes only the purchase and installation of
seed or plant materials, including mulch, wrapping, staking, and guying and initial watering.
7. Activities or costs ineligible for funding include but are not limited to design, inspection and
maintenance of the project.
8. The Sponsor shall initiate project activities in a timely manner. The proposed project
completion date is WI L) h . If construction of the project has not been completed by
this date, this agreement shall be considered to be in default. The Sponsor 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. The Sponsor 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. The DOT reserves the right to
inspect project activities and to audit claims for funding reimbursement. The purpose of the
inspection or audit is to determine substantial compliance with the terms of this agreement.
10. The Sponsor may submit to the DOT, periodic itemized claims for reimbursement for eligible
project activities. Reimbursement claims shall include certification by the Sponsor's contact
person that all eligible project activities for which reimbursement is requested have been
completed in substantial compliance with the terms of this agreement.
11. The DOT shall reimburse the Sponsor for properly documented and certified claims for
eligible project activity costs, either by state warrant, or by crediting other accounts from
which payment may have been initially made.
12. Upon completion of the project described in this agreement, the Sponsor's contact person 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. Pinal reimbursement
of funds shall be made only after the DOT accepts the project as complete.
Page 3A
13. The Sponsor hereby agrees to maintain the plantings for the life of the plantings and, if
plantings die, to either replace them or remove the dead material and restore the area.
Maintenance activities shall include (but are not necessarily limited to) watering, weeding,
staking, guying, insect control, etc. The Sponsor shall not use pesticides to prepare or
maintain the planting area.
If the Sponsor fails to maintain the plantings, the DOT reserves the right to remove or to
require to be removed, any or all plantings and to restore the area or require the area to be
restored.
14. If the Sponsor fails to perform any obligation under this agreement, the DOT shall have the
right, after first giving thirty (30) days written notice to Sponsor by certified mail return
receipt requested, to declare this agreement in default. The Sponsor shall have thirty (30) days
from date of mailing of notice to cure the default. If the Sponsor cures the default, the
Sponsor 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 Sponsor's notice of
cure, the DOT shall issue either a notice of acceptance of cure or notice of continued default.
15. In the event a default is not cured the DOT may revoke funding commitments and/or seek
repayment of funds loaned or granted by this agreement through charges against the Sponsor's
road use tax funds.
16. In case of dispute concerning the terms of this agreement, the parties shall submit the matter to
arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the
matter to arbitration after ten (10) days notice to the other party of their intent to seek
arbitration. The written notice must include a precise statement of the disputed question.
DOT and the Sponsor 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
ofthis paragraph for arbitration.
17. The Sponsor agrees to indemnify, defend and hold the DOT harmless from any action or
liability arising out of the design, construction, maintenance, placement of plant materials, 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.
18. The Sponsor shall comply with all provlSlons of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure equal
employment opportunity as required by the Iowa Code Chapter 216. No person shall, on the
grounds of age, race, creed, sex, color, national origin, religion, or disability, be excluded from
participation in, be denied the benefits of, or be otherwise subjected to discrimination under
any program or activity for which the Sponsor receives state funds from the DOT.
Page 4A
19. If portions of the project are let to competitive bid, the Sponsor shall use positive efforts to
solicit bids from and to utilize minority, women and/or disadvantaged business enterprises as
contractors and ensure that the contractors make positive efforts to utilize these enterprises as
subcontractors, suppliers or participants in the work covered by this agreement. Efforts shall
be made and documented in accordance with Exhibit B which is attached hereto and by this
reference is incorporated into this agreement.
20. If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
21. This agreement is not assignable without the prior written consent of the DOT.
22. It is the intent of both parties that no third party beneficiaries be created by this agreement.
23. 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.
24. This agreement as set forth in paragraphs 1 through 24 herein, including referenced exhibits,
constitutes the entire agreement between the DOT and the Sponsor 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
the Sponsor.
IN WITNESS WHEREOF, each of the parties hereto has executed
Agreement No. 2006-TPP-00l as of the date shown opposite its signature below.
City of Dubuque:
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 City was duly
authorized to execute the same by virtue of a formal Resolution duly passed and adopted by the
City, on the day of , 20_.
Signed
Date
City Clerk of Dubuque, Iowa
,20_
Iowa Department Of Transportation
By:
Date , 20
Mark D. Masteller
Chief Landscape Architect
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~~ Iowa Department of Transportation
"'-
APPLICATION AND PERMIT TO SPONSOR
HIGHWAY PLANTING
Date l'larch 17, 2000
Highway Number
U. S. 20
County
DUBUOUE
-SPONSOR:
CITY OF DUBUQUE
Name of Sponsor (Organization, Group or Individual)
50 WEST 13TH STREET
Mailing Address (Street, P.O. Box, City, State, Zip Code)
milepost
317.81
DUBUOUE. IOWA 52001~4845
Twp. 89N Rge. 2E on Highway
tmtJ.e'S ) ri1-y Of n'lbll~'Ir;r (direction) from
(place, town, etc.) and further located on the
station 101+00
to
milepost 319.56
The proposed work is located in Sec.
25 and 26
U.S. 20
located
within the
between Devon and Locust Streets
station 7+75
BOTH
(side), from
The planting will be done in accordance with the approved plans and the Roadside Planting Sponsorship Criteria,
dated August, 1990. This planting will consist of the following materials and as shown on the attached sketch.
Thp Appl ic,nt ,h,l1 m,int,in ,11 ,rp", of II S ?O hptwppn thp hock of curb ,no
thp right of w~y linp (hnth ~irlp~ of thp rn~rlw~y frnm'St~ti~n 7+7S tn 'St~tinn lOl+0n),
Planting materials are shown on the attached plans.
AGREEMENTS:
The sponsor(s) agrees the following stipulations shall apply:
1. This permit shall be approved prior to beginning any operations.
2. The sponsor shall indemnify and save harmless the State of Iowa, its agencies and employees, from any and all
causes of actions, suits at law or inequity, for losses, damages. claims or demands, and from any and all liability
and expense of whatsoever nature, arising out of or in connection with the sponsor's use or occupancy of the
public highway right-of-way.
3. The sponsor(s} agrees to give the Department forty-eight hours notice of intention to begin work within the right-
of-way. Notification shall be given to:
Arthur F.
Staff
P.O.
Address
Gourley, P. E.
~la i ntena'nce
Box 325
319/875-2375
Engineer
Dyersvi11e. Iowa
Telephone Number
52040
4. Access to the work site on primary highways will. where possible, be obtained from private property or other roadways
and not from the mainline or shoulders of the primary highway,
e)l "'b,{ 1/7-
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.5. Access to the work site on controlled access facilities shall only be made from sideroads at grade separan-ons
and interchanges or from temporary breaks in the access control fence by the adjacent property owner or through
an agreement with the adjacent property owner. No access will be allowed from the mainline or ramps.
6. The sponsor(s) shall carry on the work as required and authorized by this agreement with serious regard for the
safety of the traveling public, adjacent property owners and volunteers or employees of the sponsor(s). Traffic
control, when deemed necessary by the Resident Maintenance Engineer, shall be in accordance with Part VI of
the current Manual on Uniform Traffic Control Devices for Streets and Highways.
. 7. No personnel or activities will be allowed on the right-of-way after dusk and before dawn.
8. Work shall be performed in a satisfactory, safe and professional manner in accordance with the Department's Roadside
Planting Sponsorship Guidelines and good construction practices.
9. Sponsor(s) will provide adult supervision at the work site when volunteers or employees are 15 years of age or
younger.
10. The Department reserves the right to terminate this agreement when, in the sole judgement of the Department,
it is found that tha sponsor(s) has not met its terms and conditions.
11. Sponsor(s) agrees to maintain the planting until
PERPETUAL
19_.
SPONSOR
CITY OF DUBUQUE
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I SIgnature \..
50 WEST 13TH STREET DUBUQUE, IA. 52001-4845 D~e
19_
Address
. Telephone ( 319
589-4120
(Days)
(Evenings)
APPROVAL OF CITY (if proposed work is within an incorporated town or city, the Councilor other governing authority
of the town or city must grant approval of this request prior to submission to the Department.
"The undersigned city or town hereby approves the above application to sponsor highway planting within its corporate
limits."
By
I
(Title)
Date
19_
DEPARTMENT OF TRANSPORTATION APPROVAL
Recommended for A
Date
19_
1 9 et:J
Resident Maintenance Engineer
Date 3-30
Approved
Bruce
Maintenance Operations Assistant
May 2005
EXHIBIT B
UTILIZATION OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON
NON-FEDERAL AID PROJECTS
(THIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (lAC) 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 it is the responsibility of the recipients of State funds to help finance projects to make a positive effort to
solicit bids from and to utilize TSBs 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.
The Recipient's "positive efforts" should include, but not be limited to:
1. Obtaining the names of qualified TSB contractors 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 TSBs of proposed projects involving State funding. Notification should be made in sufficient
time to allow the TSBs to participate effectively in the bidding process.
3. Soliciting bids from qualified TSBs on each project, and identifying for TSBs the availability of subcontract work.
4. Including in the bid proposals for State projects, 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 _contraccprovision .pdf
5. Ensuring that the awarded contractor has and shall follow the contract provisions. The Recipient is encouraged to
establish goals or percentages to achieve TSB participation in these projects. Contract goals may vary depending
on the type of project, the projects sub-contractibie items, the type of service or supplies needed for the project,
and the availabiiity of qualified TSBs in the area.
The Recipient shall agree to provide the Iowa DOT the following documentation:
1. Copies of correspondence and replies, and written notes of personal and/or telephone contacts with any TSBs.
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 noting established TSB goals, if any.
3. The dollar amount contracted to, subcontracted to, or supplied by qualified TSBs for the project or projects
covered by this agreement.
4. The attached "Checklist and Certification" 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.
May 2005
CHECKLIST AND CERTIFICATION
For the Utilization of Targeted Small Businesses (TSB)
On Non-Federal-aid Projects (Third-Party State-Assisted Projects)
Recipient:
Project Number:
County:
Agreement Number:
1. Were qualified TSB names obtained from the Iowa Department of Inspections and Appeals? 0 YES 0 NO
If no, explain
2. Were quaiified TSBs notified of project? 0 YES 0 NO
If yes, by 0 letter, 0 telephone, 0 personal contact, or 0 other (specify)
If no, explain
3. Were bids solicited from qualified TSBs? 0 YES 0 NO
If no, explain
4. Was a goal or percentage established for TSB participation? 0 YES 0 NO
If yes, what was the goal or percentage
If no, explain why not,
5. Did the prime contractor use positive efforts to utilize TSBs on subcontracts? 0 YES 0 NO
If no, what action was taken by Recipient?
Is documentation in files? 0 YES 0 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 TSBs?
$
$
$
Name and address of the TSB
(Use additional sheets if necessary)
Was the goal or percentage achieved? 0 YES 0 NO
If no, explain
I certify that the Recipient used positive efforts to utilize TSBs as participants in this project.
PROJECT ENGINEER/MANAGER
DATE