HomeMy WebLinkAboutIowa Department of Transportation-9/28/2015SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN
October 26, 2015
Suzy Schares
City Clerk
City of Waterloo
715 Mulberry Street
Waterloo, IA 50703-5783
Re: Cooperative Agreement
Project No.: UST -021-6(609)--4A-07
TSF -021-6(8)--92-07
Agreement No.: 2015-17-219
Dear City Clerk Schares,
www.iowadot.gov
District 2 Office
1420 4th Street SE I Mason City, IA 50401
Phone: 641.423.7584 1800.477.4368
Please find enclosed is a fully executed signed original copy of Cooperative Agreement for project
numbers UST -021-6(609)--4A-07 and TSF -021-6(8)--92-07.
Thank you.
NH:ac
Enclosure
March 2010
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County
City
Project No.
Iowa DOT
Agreement No.
Staff Action No.
Black Hawk
Waterloo
UST -021-6(609)-4A-07 (Signals)
TSF -021-6(8)-92-07 (PCC Pvt.)
2015-17-219
S-2015-0571
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereafter designated the
"LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable;
The DOT and LPA propose to establish or make improvements to Iowa 21 within Black Hawk County,
Iowa; and
The DOT and the LPA are willing to jointly participate in two projects, in the manner hereinafter provided;
and
This Agreement reflects the current concept of the projects which is subject to modification by mutual
agreement between the DOT and the LPA; and
Therefore, it is agreed as follows:
1.
Project Information
a. The DOT shall be the lead local governmental agency for carrying out the provisions of this
agreement.
b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's
contact person. The DOT's contact person shall be the District 2 Design Engineer. The LPA's contact
person shall be the Traffic Engineer.
c. The DOT shall be responsible for the development and completion of the following described primary
highway projects:
TSF -021-6(8)--92-07 - Portland Cement Concrete (PCC) pavement wideningon Iowa 21 at the
intersection with Shaulis Road in Waterlooto provide for the left -tum lane improvements.
UST -021-6(609)-4A-07 — Installation of traffic signals on Iowa 21 at the intersection with Shualis
Road in Waterloo.
d. The DOT provides funds through the Urban -State Traffic Engineering Program (U -STEP), a
cooperative program for safety or operational improvements on primary road extensions. The DOT
has made these funds available for reimbursement and will share eligible construction and right-of-
way costs in the ratio of 50% DOT funds to 50% local funds, up to a maximum amount in DOT funds
of $200,000 for a "spot improvement" or $400,000 for a "linear improvement" pertaining to project
UST -021-6(609)-4A-07.
2015-17-219 Waterloo.docx 1
March 2010
e. For USTEP projects a "spot improvement" shall mean a limited improvement project such as
intersection reconstruction or signalization; and a "linear improvement" shall mean an improvement
project such as street or highway widening or reconstruction which spans two or more intersections.
f. The DOT agrees to provide U -STEP funding to the LPA for the authorized and approved costs for
eligible items associated with the spot improvements.
g. The DOT shall be responsible for letting and administering the projects simultaneously.
2. Funding Sources and Project Costs
a. The funding sources for the two projects are as follows:
Source
Amount
USTEP
$175,000
50% City ($87,500) + 50% DOT ($87,500)
TSF
$298,200
100% DOT
b. The LPA shall reimburse the DOT for its share of the USTEP project costs estimated at $87,500. The
amount paid by the LPA upon completion of construction and proper billing by the DOT will be
determined by the actual quantities in place and the accepted bid at the contract letting.
3. Environmental, Right -of -Way, Permits and Other Requirements
a. The DOT will be responsible for the coordination of utility facility adjustments for the projects.
b. If the project requires utility relocations, subject to the approval of and without expense to the DOT,
the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or
removals of existing LPA -owned utility facilities, including but not limited to power, telephone lines,
fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm
water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately
or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are
located within the limits of an established street or alley and which will interfere with construction of
the project and the clear zone. All utility relocations shall be accomplished in accordance with the
DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115.
c. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
4. Project Design
a. The DOT or its consultant shall be responsible for the design of all proposed TSIP and USTEP
improvements. DOT shall provide the LPA an opportunity to review the proposed intersection
improvements and signal design.
b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a
Professional Engineer licensed to practice in the State of Iowa.
2015-17-219 Waterloo.docx 2
March 2010
c. All proposed highway or street improvements shall be designed using good engineering judgment
and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on
Geometric Design of Highways and Streets", (latest edition).
d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and
Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa
Administrative Code, Chapter 130.
5. Bid Letting
a. The project will be let by the DOT in accordance with its normal letting procedures. As a condition for
the DOT to let the project, the LPA agrees that the LPA has the financial resources to proceed with
the project if bids submitted are 110% of the project cost estimate or less. If the LPA is a city, the LPA
shall comply with the public hearing requirements of the Iowa Code section 26.12.
b. When let by the DOT, the DOT will identify the lowest responsive bidder. When bids submitted are
more than 110% of the project cost estimate, the DOT will mail a tabulation of responsive bids and
three originals of the unexecuted contract to the LPA for concurrence. The LPA shall either take
action to accept the award to the lowest responsive bidder or reject all bids. Following concurrence of
the award of contract, the LPA shall forward to the DOT two copies each of the signed contract,
performance bond, and certificate of insurance.
c. The DOT shall be the contracting authority for the project.
6. Construction & Maintenance
a. The DOT shall be responsible for the daily inspection of the project, including the compilation of a
daily log of materials, equipment, and labor used on the project.
b. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put into effect.
c. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to
alteration of the grade lines of the new highway facilities constructed under the project in accordance
with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to
properties that may occur as a result of the project.
d. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections
150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the
existing primary highway right of way. The LPA will also prevent the erection and/or placement of any
structure or obstruction on said right of way or any additional right of way which is acquired for this
project including but not limited to private signs, buildings, pumps, and parking areas.
e. With the exception of service connections no new or future utility occupancy of project right-of-way,
nor any future relocations of or alterations to existing utilities within said right-of-way (except service
connections), will be permitted or undertaken by the LPA without the prior written approval of the
DOT. All work will be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
f. The LPA shall accept ownership of and responsibility for future energy and maintenance costs for
lighting and/or traffic signal units constructed as part of the project which lie within the corporate
boundaries.
2015-17-219_Waterloo.docx 3
March 2010
9.
Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
h. Future maintenance of the primary highway within the project area will be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
7. Traffic Control
a. Iowa 21 through -traffic will be maintained during the construction.
b. It may be necessary to temporarily close Shaulis Road during construction, the DOT will furnish and
install the required barricades and signing for the closure at project cost and shall remove same upon
completion of the project also at no expense or obligation to the LPA. The DOT will work in close
cooperation with the LPA and the contractor to accommodate emergency services and local access
across the project during construction. Any detours which may be necessary for project related LPA
road closures will be the responsibility of the LPA all at no expense or obligation to the DOT.
c. If this project causes the temporary closure of a road during construction, the DOT shall meet with the
LPA to determine whether said closure(s) will cause increased traffic on other LPA roads. The DOT
and the LPA shall determine a plan, and the costs thereof, for the LPA to perform dust control on said
LPA roads with increased traffic, should dust control become necessary. In that event, the LPA shall
inform the DOT prior to performing said dust control. The DOT shall reimburse the LPA for the cost of
said dust control measures following the receipt of a bill for the agreed upon costs (see Iowa Code
section 313.4 subsection 1.b.).
d. Traffic control devices, signing, or pavement markings installed within the limits of this project shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761
Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the
use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and
warning lights as necessary.
8. Payments and Reimbursements
a. The DOT will make initial payments to the consultant(s) and contractor(s) for USTEP project costs
from the Primary Road Fund. Upon completion of the project, the LPA shall reimburse the DOT for its
share of the project costs. Reimbursement will be provided to the DOT either by a warrant or voucher
from the LPA, or by crediting the Primary Road Fund from the funding sources provided to the LPA by
this agreement.
9. General Provisions
a. The LPA shall maintain records, documents, and other evidence in support of the work performed
under the terms of this agreement. 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 at all reasonable
times. The LPA shall provide copies of said records and documents to the DOT upon request.
Records shall be retained for at least 3 years from the date of final acceptance of the work by the
DOT.
b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and
associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not
2015-17-219 Waterloo.docx 4
March 2010
discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation,
gender identity, national origin, religion, pregnancy, or disability.
e. To the extent allowable by law, the LPA 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, inspection, or use 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.
f. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
g.
This agreement is not assignable without the prior written consent of the DOT.
h. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
i. 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. The DOT and the LPA 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.
j•
This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this
project. All previously executed agreements will remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
2015-17-219_Waterloo.docx 5
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IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2015-17-219 as of the
date shown opposite its signature below.
CITY OF WATERLOO:
4r 1/
By: _ � =l/ � Date
Title: Mayor
I, t -A -i2 -e,\ STs , certify that I am the Clerk of the City, and that "\" }` G - 0-1Lovk_
who signed said Agreement for and on behalf of the City was duly authorized to execute the same on
i'1
the�-L-' d -of ,20t
,20
Signe•;
City Clerk of Waterloo, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By: Cl
Jon E. anney
District Engineer
District 2
.e t... d Date /c)//
Ca
2015-17-219 Waterloo.docx 6
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