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HomeMy WebLinkAboutIowa Department of Transportation-12/19/2011IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Enhancement Development County Black Hawk City Waterloo & Cedar Falls Project No. STP-PA300--2C-07 Iowa DOT Agreement No. 2012-16-034 Staff Action No. None This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", the city of Waterloo, Iowa and the city of Cedar Falls, Iowa, both Local Public Agencies, hereafter designated 'WATERLOO" and "CEDAR FALLS" respectively; and the Iowa Northland Regional Council of Govemments, hereafter designated "MPO" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The MPOproposes to develop a local enhancement designfor Iowa 934/University Avenue from the Iowa 58 interchange east to the U.S. 63 interchange withinthe city of Waterloo, Iowa and Cedar Falls, Iowa; and TheMPO, Waterloo, Cedar Falls and theDOT 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 MPO, Waterloo, Cedar Falls and the DOT; and Therefore, it is agreed as follows: 1. Project Information a. The MPOshall be the agency for carrying out the provisions of this agreement. b. The DOT or its consultant shall develop a local enhancement design for Iowa 934/University Avenue in Waterloo and Cedar Falls. c. Any extra work order shall be approved by Waterloo, Cedar Falls and the MPO prior to its inclusion in the consultant contract. The responsibility for the extra work will be negotiated at that time. d. The MPO, Waterloo, Cedar Falls and the DOT shall notify each other of all meetings, hearings, and review sessions held relating to this project. Said notifications will be provided at least five (5) days in advance of the event and shall be made to the designated representative. 2. Project Costs a. The total cost of the study is estimated at $108,869. The following funding sources have been identified for the project. Total MPO $87,096 Waterloo $10,887 Cedar Falls $10,887 $108,869 b. The consultant shall submit invoices to the DOT. The DOT will forward invoices to the MPO for review and approval prior to making payment to the consultant. 3. General Provisions a. The MPO, Waterloo and Cedar Falls 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 and / or the Federal Highway Administration (FHWA), or their designees at all reasonable times. The MPO, Waterloo and Cedar Fallsshall provide copies of said records and documents to the DOT upon request. The MPO, Waterloo and Cedar Falls shall also require its contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work materials, records, and any other data with regard to agreement related costs, revenues and operating sources. Such documents shall be retained for at least 3 years from the date of FHWA approval of the final amendment/ modification to the project in the FHWA's Fiscal Management Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the MPO, Waterloo and Cedar Falls of the record retention date. b. In accordance with Iowa Code Chapter 216, the MPO, Waterloo and Cedar Falls 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. c. If any part of this agreement is found to be void and unenforceable then the remaining provisions of this agreement shall remain in effect. d. This agreement is not assignable without the prior written consent of the DOT. e. It is the intent of all parties that no third party beneficiaries be created by this Agreement L 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, MPO, Waterloo and Cedar Falls 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. g. This Agreement may be executed in (four)counterparts, each of which so executed will be deemed to bean original. h. 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 MPO, Waterloo, Cedar Falls and the 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. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2012-16-034as of the date shown opposite its signature below. CITY, !W ATERLOO: y:.st- 6s Title: Mayor 1, griticu,6 /('L lfom , certify that I am the Clerk of the City, and that -If/6T G , who signed said A•reement for and on behalf of the City was duly authorized to execute the same on the ay of Signe i - ky City Clerk ofWaterloo, Iowa. CITY OF CEDAR FALLS: By: Date, 20_ Title: Mayor 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 on the day of, 20_ Signed: City Clerk of Cedar Falls, Iowa. Iowa Northland Regional Council of Governments/MPO-30: By: Date, 20_ Name: Sharon Juon Title: Executive Director IOWA DEPARTMENT OF TRANSPORTATION: By: Date, 20_ Vicki Dumdei District Engineer District2