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HomeMy WebLinkAboutIowa Department of Transportation-11/5/2012March 2010 IOWA DEPARTMENT OF TRANSPORTATION Addendum to Cooperative Agreement 2008-16-190 For Primary Highway Improvement Project County City Project No. Iowa DOT Agreement No. Staff Action No. Please return this copy to: City Clerk & Finance Department 715 Mulberry Street Waterloo, IA 50703 Black Hawk Waterloo NHSX-063-6(71)-3H-07 NHSX-063-6(70)-3H-07 2008-16-190A This Addendum, 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 "Recipient" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The Recipient in joint cooperation with the DOT proposes to establish or make improvements to U.S. 63 within the city of Waterloo in Black Hawk County, Iowa; and The Recipient and the DOT previously entered into the following agreement(s) for the above referenced project: Agreement No. 2008-16-190 for reconstruction and realignment of U.S. 63 from Newell Street north to Donald Street was executed by the DOT and Recipient on May 24, 2010 and April 26, 2010 respectively; Agreement No. 2010-1-039 for right of way acquisition was executed by the DOT and Recipient on November 5, 2009 and October 5, 2009 respectively; and Subsequent to execution of the above referenced Agreements additional funding was received it was determined that further clarification was necessary for certain responsibilities. This Addendum reflects the current concept of this project which is subject to modification by mutual agreement between the Recipient and the DOT; and Now therefore, it is agreed as follows: 1. Agreement 2008-16-190 is hereby amended to include the following funding source. a. The Recipient has received $861,000 in Federal funding the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Public Law 109-59, as amended by the SAFETEA-LU Technical Corrections Act, Public Law 110-244, reestablished the Surface Transportation Program (STP), now codified at Section 133(b) of Title 23, United States Code • (U.S.C.). This program makes Federal funds available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational or safety improvement projects on highways, bridges on any public road, and several other types of projects, as specified in 23 U.S.C. 133(b). Funding for highways is limited to Federal -aid highways, except that up to 15 percent of a State's sub -allocation of STP funds for areas with less than 5,000 population may be used for projects on rural minor collectors. Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors or local roads. b. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from STP funds. For the purpose of this Addendum, eligible project activities shall consist of facilities for pedestrians and bicycles, landscaping and other scenic beautification, and other similar transportation enhancement improvements. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either 80 percent of eligible costs or the amount stipulated in the Iowa Northland Regional Transportation Authority current 2008-16-190A Waterloo (2).dOCX 1 March 2010 Transportation Improvement Program (TIP) and approved in the current Statewide Transportation improvement Program (STIP), whichever is less. 2. The Recipient shall instruct its consultant team to develop alternate plans for the project as directed by the DOT These altemate plans may be used to let the project in several bidding packages rather than in one complete package and will include "short term" or " temporary' construction in earlier packages that must be removed in subsequent packages. 3. The Recipient shall reimburse the DOT for its share of the project costs estimated at $2,100,000. The amount paid by the Recipient 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. 4. The DOT shall contribute the following estimated amounts toward the project costs. a. Alternate plan development costs are estimated to be $150,600. Modifications to alternate and original plans are estimated to cost $74,800. b. Short term/temporary construction costs associated with interrupting full reconstruction near the Canadian National railroad crossing as described in the altemate plans. These costs include a fraction of the cost of project -wide items such as traffic control and mobilization in the same proportion as the short term costs to the entire project costs. c. An estimated at $4,360,000 for permanent construction costs. Included in this amount are railroad crossing design and construction costs estimated at $460,000. 5. Parking in the vicinity of the project shall be controlled as follows: a. On minor side streets controlled with stop signs, with two through lanes and two parking lanes (parallel or diagonal), parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 35 feet beyond the far sidewalk. On minor side streets controlled with stop signs, with four through lanes and two parallel or diagonal parking lanes, parking will be prohibited a distance of 35 feet in advance of the near sidewalk or stop sign and a distance of 20 feet beyond the far sidewalk. b. On minor side streets with traffic control signals, with two through lanes and two parallel parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 35 feet beyond the far sidewalk. On minor side streets with four through lanes and parallel or diagonal parking lanes, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic signal and a distance of 20 feet beyond the far sidewalk. c. If not already covered by an existing ordinance, the parking restrictions listed above will be outlined in a new ordinance which will be enacted by the Recipient. The new ordinance would go into effect no later than such time as the project is completed and opened to through traffic. 6. All storm sewers constructed as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will not make any connections to said storm sewers without the prior written approval of the DOT. The LPA will prevent use of such storm sewers as a sanitary sewer. The LPA shall final inspect all storm sewer and sanitary sewer improvements prior to final acceptance of the primary highway improvement project. 7. The Recipient shall obtain railroad utility crossing permits and the DOT shall obtrain the other necessary approvals or agreements from the railroad to allow the proposed work to be completed on or around the railroad crossing and / or right-of-way. 2008-16-190A Waterloo (2).dOCX 2 F March 2010 8. If any part of this Addendum is found to be void and unenforceable then the remaining provisions of this Addendum shall remain in effect. 9. This Addendum is not assignable without the prior written consent of the DOT. 10. It is the intent of both (all) parties that no third party beneficiaries be created by this Addendum. 11. In case of dispute concerning the terms of this Addendum, 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. 12. This Addendum may be executed in (two) counterparts, each of which so executed will be deemed to be an original. 13. This Addendum, as set forth in the paragraphs above and the referenced exhibits; as well as the unaffected provisions of previously executed Agreement Nos. 2008-16-190 and 2010-1-039, constitutes the entire agreement between the Department and the Recipient 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 Department and Recipient. 2008-16-190A Waterloo (2).dOCX 3 March 2010 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2008-16-190A as of fhe date shown opposite its signature below. CITY OF WATERLOO: By: ' Date JqM.Aldr:g-r-, 20 L Tit e: Mayor � I, 21�, certify that I am the Clerk of the City, and that .YY �( . ` who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of J (nt61\11 ..J , 20 �fl � Signed: City Clerk of Waterloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ Vicki Dumdei District Engineer District 2 2008-16-190A Waterloo (2).dOCX 4