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Home My WebLink AboutIDOT Preconstruction Agmnt - 9/17/2018 July 2014 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. NHSN-063-6(93)--2R-07 Iowa DOT Agreement No. 2019-6-018 Staff Action No. 5-2019-0269 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: Hot Mix Asphalt(HMA)resurfacing on U.S.63 from Donald Street in Waterloo to County Road C66. b. As part of the project, the LPA has requested curb and intake top replacements within the city all at no cost to the DOT. (See Exhibit A for costs). c. All storm sewers constructed by the DOT 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. 2. Project Costs a. The LPA shall reimburse the DOT for its share of the project costs estimated at$176,179.24, as shown in Exhibit A. The amount paid by the LPA upon completion of construction and proper billing by the DOT will be determined by the quantities shown in Exhibit B and the actual unit prices of the accepted bid at the contract letting. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 2019-6-018_Waterloo.docx 1 July 2014 3. Traffic Control a. U.S. 63 through-traffic will be maintained during the construction. b. If it becomes necessary to temporarily close LPA side roads during construction, the DOT will furnish and install the required barricades and signing for the closure 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 emergency services and local access across the project during construction.Any detours which may be necessary for project related LPA road closures will be the responsibility of the LPA all at no expense or obligation to the DOT. c. If this project causes the temporary closure of a road during construction, the DOT shall meet with the LPA to determine whether said closure(s)will cause increased traffic on other LPA roads. The DOT and the LPA shall determine a plan, and the costs thereof, for the LPA to perform dust control on said LPA roads with increased traffic, should dust control become necessary. In that event, the LPA shall inform the DOT prior to performing said dust control. The DOT shall reimburse the LPA for the cost of said dust control measures following the receipt of a bill for the agreed upon costs (see Iowa Code section 313.4 subsection 1.b.). 4. 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 city-owned 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. 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. 5. Construction & Maintenance a. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. b. 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. 2019-6-018 Waterloo.docx 2 July 2014 c. 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, 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. 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. 2019-6-018 Waterloo.docx 3 July 2014 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No.2019-6-018 as of the date shown opposite its signature below. CITY OF WATERLOO: By: l Uut. li -yC'�W-k'v— Date_ �� i 20 �6 Title: Mayor certify that I am the Clerk of the City;and that n V who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the JT day ot 204 Signed: City Clerk of Wat r o, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: - ` Date 111-711 71 a , E. Jon Flanney District Engineer District 2 Precon_Agreement US_63_Donald_Street to_Oty_limRs.doac 4 July 2014 EXHIBIT A City Intake Top Replacements 104-11 08-01 REBUILDING OF INTAKES AND UTILITY ACCESSES Location No. Station Type Adjustment 35569 10+61 LT SW-508 - replacetop . . -,. _., ..___.e,m.. _____._..__ 34956 - 10+61 RT 5LJ-508 ` replace top .. _.. ,_............ ..... .v.._ �.».,._ ._,..,,,...._ .,,..,,.,._....�.._. ..,...�.,...- .-- 34961 14+45 RT SW-508 _ replace top _.-.... .,...__ ._.,_ .. ..m.�„.. ......._._,.. ._ .__....,.. 34963 20+50 RT SW-508 replace top 34967 ,,. 23+25 AT SW-508 replact 34969 27+00 RT SW-588 replace,_top, 34970..6. 30+1S RT SW-510 35565 30+15 LT SW-S10- replace tOr _ ,a. , 34972, 30+75 RT SW-510- � repli�ce - - .... .�. _a_ ._..-.,_. 34974 '- 34+58 RT SW-518 34975 40+00 RT SW-508 replace top _ __ - ._ . ._......_...._�. ____,._., _,.._.._._._.._. 34976 -. 42+31 RT SW-510.. -- replace top _ _. ., ..... _ ,_.... .......- ..___._.-- ,____..._,.. ,.......... 34978_ 34977 47+25 RT SW-Sle a „replaee.top 34978 47+75 RT SW-510 ._w rep ace top„ _ _ _ _ "". - ... . . _..� __-...�._.... -......�........-,... 35538 26+54 33' LT SW-511 replace top and minor a4jus;menu(3 xd Inlet grate in Kc entrance return) 35610 54+25 RT SW-545_ _ re2act tvp 35612 57+25RT SW-545 replace top _ -_- 35614 � 61+69 RT SW-545 - ,.,. replace t�„ 36225 ._,. 64+62 RT_ SW-S45 _. .._.. .�._ ... ,. .__ .a-u -...w. ,..v....__._ _.._..�._. ......._...__ 36226 66+80 RT SW-S88 replace top_ ..36231 .._. 77+68 RT. SW-545... re - -- pacetop 36232 82+90RT 5W-508... replace top ------- 36233 85+25 RT_ 5W-5I6 ' reface top 36252 94+79 LT' Sid-545. ,replace top - _. 36288 96+60 RT SW-518'' replace top _ 36284 111+60 RT SW-510 replace top - - - - --" ,36285 ,112+95 RT SW-588 replace,top, 36289 .121+17 RT SW-510 replace top 36246 113+75 LT SW-SSd replace to 36299 126+17 LT SW-510 ' replace top ,36298 y 128+� LT SW-508 replace top 36292 128+98 RT SW 510 _. ,replace Yap 36295 139+28 LT SW_51B replace top Note: point numbers taken from gps tp - ... .._- ..-_ ps intake id number provided.a`�..,�t1;Y of ldaterloo„- City Cost Estimate: ITEM QUANTITY UNIT PRICE TOTAL PRICE Intake,SW-508,Top Only 11 EACH $4,007.61 $44,083.66 Intake,SW-510,Top Only 15 EACH $5,167.71 $77,515.58 Intake,SW-511,Top Only 1 EACH $5,000.00 $5,000.00 Intake,SW-545,Top Only 6 EACH $5,000.00 $30,000.00 Curb Replacement 268 LF $60.00 $16,080.00 ADA Ped Ramp at Heath St. 1 EACH $3,500.00 $3,500.00 TOTAL $176,179.24 2019-6-018_Waterloo.docx 5