Hwy 20 Landscape Pro - IDOTMEMORANDUM
January 28,2002
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Agreement for STP Funding
Leisure Services Manager Gil Spence is recommending that the City Manager be given
authority to sign the agreement for STP Funding from the Iowa Department of
Transportation for $100,000 for Phase II funding for the Highway 20 landscaping
project, which is scheduled to go to bid this spring.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Gil D. Spence, Leisure Services Manager
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 25, 2002
TO: Michael C. Van Miliigen, City Manager
FROM: Gil D. Spence, Leisure Services Manager
SUBJECT: Agreement for STP Funding
INTRODUCTION
The purpose of this memorandum is to request that the City Council approve the
attached resolution authorizing you to sign the agreement for STP Funding from the
Iowa Department of Transportation.
DISCUSSION
When we began the planning process for the Highway 20 landscaping project, the Iowa
Department of Transportation committed to funding $100,000 of the cost of the project.
Those funds were received for Phase I of the project. This is the second $100,000
IDOT is offering for this project, and it will be used on Phase II, scheduled to go to bid
this spring.
ACTION STEP
The action requested is that the City Council adopt the attached resolution authorizing
you to sign the Agreement for STP Funding from the Iowa Department of Transporta-
tion.
GDS:et
attachments
Preparer: Gil Spence
Address: 2200 Bunker Hill Rd Phone: (563) 589-4263
RESOLUTION NO. 32-02
APPROVAL OF AGREEMENT FOR STP FUNDING
BE IT RESOLVED, BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the agreement for STP Funding with the Iowa Department of Transportation for
$100,000 to be used on Phase II of the Highway 20 Landscaping Project is approved and
the City Manager is authorized to sign the agreement.
Passed, approved and adopted this 4th day of February, 2002.
Attest:
Jeanne F. Schneider, City Clerk
day of February ,2002.
Terrance M. Duggan, Mayor
Preparer: Gil Spence Address: 2200 Bunker Hill Rd Phone: (563) 589-4263
RESOLUTION NO.
APPROVAL OF AGREEMENT FOR STP FUNDING
BE IT RESOLVED, BYTHE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA:
That the agreement for STP Funding with the Iowa Department of Transportation for
$100,000 to be used on Phase II of the Highway 20 Landscaping Project is approved and
the City Manager is authorized to sign the agreement.
Passed, approved and adopted this day of ,2002.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
PK
IOWA DEPARTMENT OF TRANSPORTATION
AGREEMENT FOR STP FUNDING
SPONSOR: City of Dubuque
COUNTY: Dubuque
PROJECT NO.: N/A
AGREEMENT NO.: 2002-TPP-003
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 STP (Iowa Department of Transportation/
Department of Nataral Resources Shrub and Tree 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 ora certain STP 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:
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 tiffs agreement. Efforts shall be made and documented in
accordance with Exh'bit B which is attached hereto and by this reference incorporated into this
agreement.
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 Maintenance Engineer's
Office located in Dyersville, Iowa. The Sponsor's contact person shall be
o
The Sponsor shall be responsible for the development and completion of the STP project
descibed in the Sponsorship of Highway Plantings Permit (Form No. 610005) which was
issued in accordance with DOT Policy and Procedure Manual 610.14, and which is included
herein as Exhibit A.
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 from STP funds as listed below:
STP Funds (Grant) $100,000.00
Page 2A
o
10.
11.
12.
The Sponsor shall conduct the project development and implementation in compliance with
applicable laws, ordinances, admirfistrative 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.
Project activities or costs eligible for STP funding include only the purchase and installation
of plant materials, including mulch, wrapping, staking, and guying.
Activities or costs ineligible for STP funding include but are not limited to design, inspection
and maintenance of the project.
The Sponsor shall initiate project activities in a timely manner. The proposed project
completion date is . 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.
The Sponsor shall be responsible for the daily inspection of the project, and the compilation
ora daily log of materials, equipment and labor on the project. The DOT reserves the right to
inspect project activities and to audit claims for STP funding reimbursement. The purpose of
the inspection or audit is to determine substantial compliance with the terms of this agreement.
The Sponsor may submit to the DOT, periodic itemized claims for reimbursement for etig~'ble
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 substanthl compliance with the terms of this agreement.
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.
Upon completion of the project descn'bed 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. Final reimbursement
of STP funds shall be made only after the DOT accepts the project as complete.
13.
14.
15.
16.
17.
18.
Page 3A
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
restore&
If the Sponsor fails to perform any obligation under this agreement, the DOT shall have the
right, atter first giving thirty (30) days written notice to Sponsor by certified mail remm receipt
requested, to declare this agreement in default. The Sponsor shall have thirty (30) days from
date of making 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.
In the event a default is not cured the DOT may revoke fimding commitments and/or seek
repayment of STP funds loaned or granted by this agreement through charges against the
Sponsor's road use tax funds.
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
of this paragraph for arbitration.
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.
The Sponsor shall comply with all provisions of the equal employment opporttmity
requirements prohibiting discrimination and requiring affirmative action to assure equal
en~ployment 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 derded 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.
20.
21.
22.
23.
24
If portions of the project are let to competetive bid, the Sponsor shall use positive efforts to
solicit bids fi:om 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.
If any part of this agreement is found to be void and unenforceable then the remaining
provisions of this agreement shall remain in effect.
This agreement is not assignable without the prior written consent of the DOT.
It is the intent of both parties that no third party beneficiaries be created by this agreement.
This agreement shall be executed and delivered in two or more copies, each of which so
executed and delivered shall be deemed to he an original and shall constitute but one and the
same instrument.
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.
Page 5A
IN WITNESS WHEREOF, each of the parties hereto has executed
Agreement No. 2002-TPP-003 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 ora formal Resolution duly passed and adopted by the
City, on the day of ~ 20__
Signed
Date ., 20
City Clerk of Dubuque, Iowa
Iowa Department Of Transportation
By:
Date ,20__
Mark D. Masteller
Chief Landscape Architect
Iowa Depar[ment of Transpor[ation
APPLICATION AND PERMIT TO SPONSOR
HIGHWAY PLANTING
Date March 17, 2000
Highway Number U.S. 20
County DUBUOUE
CITY OF DUBUQUE
Name of Sponsor ( Organation, Group or Individual)
50 WEST 13TH STREET
Mailing Address (Street, P.O. Box, City, State, Zip Code)
The proposed work is located in Sec. 25 and 26
U.S. 20 ,located within the
between Devon and Locust Streets
DUBUOUE, IOWA 52001=4845
Twp.
89N Rge. 2E on Highway
F_il'y of Dubuque (direction) from
(place, town, etc.) and further located on the
BOTH
(side), from
station 7+75 station
to
milepost 317.81 milepost
101+00
319.56
The planting wilt be done in accordance with the approved plans and the Roadside Planting Sponsorship Criteria,
dated August, 1990. This planting willconsistofthefolIowing materials and asshown onthe attached sketch.
The Applicant shall maintain all areas of U.S. 20 between the hack of curb and
the right nf way linC (both ~id¢s of the roadway from'StatiOn 7+75 to'Station 1RI+00).
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. ~%e sponsor shall indemnify a~d 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 ~ight-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. Gourley, P.E. 319/875-2375
St~ff Maintenance Engineer Telephone Number
P. 0. BOX 325 Dyersville, Iowa 52040
Address
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.
.5. Access to the work site on controlled access facilities shall only be made from sideroads at grade separatldns
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 the sponsor(s) has not met its terms and conditions.
11. Sponsor(s) agrees to maintain the planting until
SPONSOR
CITY OF DUBUQUE
PERPETUAL ,19__.
Address 50 WEST 13TH STREET DUBUQUE, IA. 52001-4845 Date ,19__
Telephone ( 319 ) 589-4120 (Days) ( ) (Evenings)
APPROVAL OF CITY (if proposed work is within an incorporated town or city, the Council or 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 (Title) Date ,19
DEPARTMENT OF TRANSPORTATION APPROVAL
Recommended for Aou.rcoval .
Approved ~.~_~ ~/~~esident Maint en~nce Engineer
Bruce Chryst/a/1, Mainten-ance Operations Assistant
Date .19__
Date ~-~4:~ .19~i~:~
EXHIBIT "B'
UTILIZATION
OF
TARGETED SMALL BUSINESS (TSB) ENTERPRISES
ON
NON-FEDERAL AID PROJECTS
(TIHIRD-PARTY STATE-ASSISTED PROJECTS)
In accordance with Iowa Code Section 19B.7 and 541 Iowa Adminstrative Code Chapter 4,
it is the policy of the Iowa Department of Trasportation (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 TBSs 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
Economic Development (515-242-4721) and/or seek these contractors through
advertising in general-circulation, trade association or minority-focused media. The
Iowa Department of Management shall determine whether contractors who respond to
such advertisements qualify for TSB designation.
2. Notifying qualified TSBs of proposed projects involving state-assisted funding.
Notification should be made in sufficient time to allow the TSBs to participate
effectively in the bidding process.
3. Soliciting bids fi:om qualified TSBs on each project, and identifying for TSBs the
availability of subcontract work.
4] Including in the bid proposals for state-assisted projects, a contract provision titled "TSB
Affirmative Actinn Responsibilities on Non-Federal Aid Projects (Third-Party State-
Assisted Projects)", or a similar docuanent developed by the Recipient.
5. Ensuring that the awarded contractor has and shall follow the contract pro,dsions. 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-contractile Rems, the type of serv/ce or supplies needed for the project, and the
ava/lability 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 mount contracted to, subcontracted to, or supplied by qualified TSBs for the
project or projects covered by this agreement.
4. The attached "CheckIist and Certification" form shall be filled out upon completion of
each project and forwarded to the Iowa DOT's EEO Administrator, Office of Contracts.
CHECKLIST AND CERTIFICATION
OF THE UTILIZATION OF
TARGETED SMALL BUSFNESS (TSB)
ON NON-FEDERAL AID PROJECTS (THIRD-PARTY STATE-ASSiSTED PROJECTS
COUNTY: PROJECT NUMBER:
RECIPIENT: AGREEMENT N-OM~BE R:
i. Were qualified TSB names obtained from the
Iowa Department of Economic Development? YES __ NO __
If no, explain
Were qualified TSBs notified of project? YES __
If yes, by letter ., telephone , personal contact , other __
If no, explain
NO
Were bids solicited fi:om qualified TSB's?
If no, explain
YES
NO
Was a goal or percentage (%) established
for TSB participation?
If yes, what was the goal or percentage(%)?
If no, explain why not?
Did the prime contractor use positive efforts to
utilize TSB's on subcontracts?
If no, what action was taken by Recipient?
Is documentation in files?
What was the dollar amount reimbursed to the Recipient
fi:om the Iowa Department of Transportation?
~What was the final project cost?
What was the dollar mount performed by TSB's?
Name and address oftheTSB
(Use additiorml sheet if necessary)
Was the goal or percentage (%) achieved?
If no, explain
YES
YES
YES
$
$
$
NO
NO
NO
· YES__ NO__
t certify that the Recipient used positive efforts to utilize TSB's as participants in this project.
Project EngJneer/Mmnager
Date