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HomeMy WebLinkAboutIowa Department of Transportation-3/14/2011Iowa Department of Transportation 641-423-7584 or 800-477-4368, Fax 641-423-0246 District 2, 1420 4th Street SE, Mason City, IA 50401-4438 March 21, 2011 Eric Thorson City of Waterloo 715 Mulberry Street Waterloo, IA 50703 Dear Mr. Thorson: Ref. No.: BRFN-020-6(59)-39-07 Black Hawk County Attached for your records on the above referenced project is a fully -executed copy of Iowa DOT Agreement No. 2011-12-128. If you have any questions, please feel free to give me a call. Sincerely, Richard J. Verchota, PE Staff Engineer District 2 Office Im Attachment cc: Deanne Popp October 2009 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. BRFN-020-6(59)-39-07 Iowa DOT Agreement No. 2011-12-128 Staff Action No. 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. 20 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: Bridge rail retrofits will be installed at eight (8) locations on U.S. 20/1-380 in and around the Waterloo area. 2. Project Costs a. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. U.S. 20 and 1-380 through -traffic will be maintained during the construction. b. It will be necessary to temporarily restrict traffic on local side roads during construction as follows: i. West 4th Street - One lane of traffic will be maintained on West 4th Street crossing the bridge during construction. Temporary traffic signals will be placed to regulate traffic. The existing sidewalk will be closed during construction. ii. Hammond Avenue - Two lanes of traffic will be maintained on the bridge during construction. iii. Kimball Avenue - Two lanes of traffic will be maintained on the bridge during construction. 2011-12-128 Waterloo 1 October 2009 c. If it becomes necessary to temporarily close LPA side roads during construction, the DOT will fumish and install the required road closure barricades and signing 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 fire protection and local access across the project during construction. 4. Right of Way and Permits a. The DOT will be responsible for the coordination of utility facility adjustments for the primary road project. 5. Construction & Maintenance a. 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. b. 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. 6. 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, 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. 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. 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. 2011-12-128 Waterloo 2 October 2009 IN WITNESS WHEREOF, each of the parties hereto has executed A date shown opposite its signature below. CITY OF WATERLOO: By: t Title: Mayor 'Peo lLt& reement No. 2011-12-128 as of the Date jUkArryk, (It , I, S , certify that , who signed said Agreement for and on behalf of the City was duly the ,J._^day of Signed: City Clerk f Waterloo, Iowa. , 20jL. IOWA DEPARTMENT OF TRANSPORTATION: By: Olt e (( "-,/ Vicki Dumdei District Engineer District 2 Date I am the Clerk of the City, and that authorized to execute the same on 2011-12-128 Waterloo 3 e , 20/L.