HomeMy WebLinkAboutIowa Department of Transportation-6/24/2013March 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
NHSX-063-6(75)-3H-07
2013-16-315
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 LPA proposes to establish or make improvements to U.S. 63 within Black Hawk County, Iowa; and
The LPA and the DOT previously entered into the following agreement(s) for the above referenced
project: Agreement No. 2010-16-204 for construction was executed by the DOT and LPA on December
28, 2010 and December 6, 2010 respectively; and
The DOT desires to have a flowmeter installed at the LPA's Edwards Street Storm Lift Station for a period
of 12 months.
The LPA and the DOT 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 LPA shall purchase, install, operate, and inform the DOT of any required maintenance of a
BE6200 Series ultrasonic clamp -on flowmeter at the LPA's Edwards Street Storm Lift Station for a
period of 12 months. The LPA shall record and disseminate flowmeter reading data to the DOT
contact person on a weekly basis. The DOT will be responsible for performing and the cost of any
required maintenance.
b. The LPA shall remove the flowmeter at the end of the 12 month period.
c. After removal of the flowmeter, the LPA may elect to purchase the flowmeter from the DOT at a cost
of $2,500.
d. 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, currently Mark
Callahan. The LPA's contact person shall be the Associate Engineer, currently Jeff Bales.
2013-16-315 Waterloo (2) 1
March 2010
2. Project Costs
a. The DOT shall reimburse the LPA an estimated $7,500, as shown in Exhibit A. The amount paid by
the DOT upon completion of flowmeter use and proper billing by the LPA will be determined by the
actual costs incurred by the LPA, not to exceed $7,500.
b. The LPA will bear all costs except those allocated to the DOT under other terms of this Agreement.
3. Payments and Reimbursements
The LPA shall be responsible for making initial payments for all project costs incurred in the
development and implementation of the project. After payments have been made, the LPA may
submit to the DOT periodic itemized claims for reimbursement for eligible project activities. Upon
completion of the project, the DOT shall reimburse the LPA for its share of the project costs.
4. General Provisions
a. In accordance with Iowa Code Chapter 216, the LPA 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.
b. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
c. This agreement is not assignable without the prior written consent of the DOT.
d. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
e. In case of dispute conceming 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.
f. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
g. 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.
2013-16-315_Waterloo (2) 2
March 2010
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2013-16-315 as of the
date shown opposite its signature below.
CITY OF WATERLOO:
:
BY
Title: Mayor
Date ` l , 20 4-7
I, j Le �� 3cl,are5 , certify that I am the Clerk of the City, and that Frrws%
who signed said Agreement for and on behalf of the City was duly authorized to execute the same on
the 1/ day of c1-� , 201
Signedt_ _
City Clerk rf Waterloo, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By:
David L. Little
Assistant District Engineer
District 2
Date JI7 2`), /3 ,
2013-16-315 Waterloo (2) 3
March 2010
EXHIBIT A
Project Costs
Purchase & Install Flowmeter $5,000
Operate/Maintain Flowmeter $500
Record Data $500
Provide Power to Flowmeter $500
Miscellaneous Items $1,000
Estimated total cost (100% DOT) $7,500
2013-16-315_Waterloo (2) 4
VI `A110 NOM
WE S Z lnr
Z 101111S10
NOI1VIHHOdSNVO1 JO 1N3INJ- Vd30 VM01