The URL can be used to link to this page

Home My WebLink AboutIowa Department of Transportation-8/18/2014 (2)CITY OF WATERLOO Council Communication City Council Meeting: August 18, 2014 Prepared: August 13, 2014 Dept. Head Signature: Eric Thorson, PE., City Engineer # of Attachments: SUBJECT: Highway 63 Improvements Jefferson Street to Franklin Street NHSX-063-6(70)-3H-07 Right of Way Agreement Submitted by: Jeff Bales, Associate Engineer Recommended City Council Action: Staff has reviewed this agreement and recommends Council approve this document and authorizes Mayor to sign and enter into said agreement. This agreement is available in the City Clerk's Office if you wish to review it in its entirety. Summary Statement This agreement requires the City to provide any right of way which involves dedicated streets or alleys and other City -owned lands which would be needed for the project. The City also agrees to relocate all utilities necessary for the project and remove or cause to be removed all encroachments or obstructions in the existing right of way. Any right of way for access road or permanent utility easements, which are under the jurisdiction of the City, will be acquired by DOT, for and in the name of the City. Access rights, if acquired, will be in the name of the State of Iowa. Expenditure Required N/A Source of Funds N/A Policy Issue N/A Alternative N/A Background Information This segment of the Highway 63 Improvements is from Jefferson Street to Franklin Street and is planned to be let for construction in December, 2015 July 2014 IOWA DEPARTMENT OF TRANSPORTATION Right of Way Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Please return this copy to: City Clerk & Finance Dept. 715 Mulberry St. Waterloo, IA 50703 Black Hawk Waterloo NHSX-063-6(70)--3H-07 (ROW) NHSX-063-6 78)--3H-07 (Const) 2015-1-029 N/A 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 proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter provided; and This Agreement reflects the current concept of this project which is subject to modification by mutual agreement between the LPA and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The DOT will design, let, and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Reconstruction of U.S. 63 in Waterloo from Jefferson Street to Franklin Street. 2. Right of Way and Permits a. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code Chapter 150.3(1)c and 150.4(2) will remove or cause to be removed (within the corporate limits) 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. b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road project. c. The LPA agrees to relocate all utilities necessary for construction which are located within the existing street or alley right of way, subject to the approval of and without expense to the DOT and in accordance with 761 Iowa Administrative Code Chapter 150.4(5) and the DOT Utility Accommodation Policy. 2015-1-029 Waterloo 1 July 2014 d. 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 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. e. The LPA shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other LPA -owned lands which are required for the project, subject to the condition that the DOT shall reimburse the LPA for the value of LPA -owned improvements situated on such other LPA -owned lands. The LPA has apprised itself of the value of these lands, and as a portion of their participation in the project, voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. f. In connection with this project any real estate and rights to real estate necessary for right of way at the connection of any public road and a primary highway project, any access road or frontage road, or any permanent utility easements which are or which will be under the jurisdiction of the LPA may be acquired by the DOT, for and in the name of the LPA. Where acquired by contract the LPA will receive title from the contract seller and the LPA will accept title thereto. Where acquired by condemnation, a single joint condemnation proceeding will be instituted by the DOT to acquire real estate or rights in real estate needed by the LPA for the LPA and to acquire real estate or rights in real estate needed by the DOT for the DOT. g. Access rights may be acquired by the DOT along all public road intersections within the project limits. Access rights, if acquired, will be in the name of the State of Iowa. The acquisition of access rights will be in accordance with 761 Iowa Administrative Code Chapter 112 and the DOT Access Management Policy. If access rights are required, the LPA shall not permit any third party to use the controlled portion of the side road without the prior written consent from the DOT. If the LPA feels that it is in the best interest of the parties involved to modify the access rights in any way, they may petition the DOT District 2 Engineer to do so. 3. General Provisions a. 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. b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, color, sex, sexual orientation, gender identity, national origin, religion, pregnancy, 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 State funds are used. c. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. 2015-1-029 Waterloo 2 July 2014 d. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to be an original. f. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. Without intending to limit the possible scope of future amendments hereto, the parties specifically preserve for further negotiation the issue of cost allocation for relocating traffic signalization facilities as necessitated by construction of the project. 2015-1-029 Waterloo 3 July 2014 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2015-1-029 as of the date shown opposite its signature below. CITY OF WATERLOO: By: 441 Title: yo , 20I I, Su3ta. 1Gt..v�$. , certify that I am the Clerk of the City, and that G. U ctrtc - , who signed said Agreement for and on behalf of ilaYA the City was duly authorized to execute the same on the to day of ' , 20/4. Signed: Ci y Clerk f Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: E. Jon anney District Engineer District 2 Date 2015-1-029 Waterloo 4 6/2,5— 20 y OWA DEPARTMENT OF TRANSPORTATION DISTRICT 2 AUG 2 2 2014 MASON CITY, IA SMARTER 1 SIMPLER I CUSTOMER DRIVEN District 2 Office Phone 641-423-7584 or 1-800-477-4368 City Clerk & Finance Department City of Waterloo 715 Mulberry Street Waterloo IA 50473 www.iowadot.gov 1420 4th St S.E., Mason City, IA 50401 FAX 641-423-0246 County: Black Hawk City: Waterloo Project No. NHSX-063-6(70)-3H-07 (ROW) NHSX-063-6(78)-3H-07 (Const) Agreement No. 2015-1-029 Re: Right of Way Agreement for Primary Highway Dear City Clerk, Please find enclosed a fully executed Right of Way Agreement for Primary Road Project for project numbers: NHSX-063-6(70)-3H-07 (ROW) & NHSX-063-6(78)-3H-07 (Const). Thank you. Sincerely, NJ) gz-161-- Mark Callahan, P.E. District 2 Design Engineer MC:pmm Enclosure