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Home My WebLink AboutCedar Falls - Joint Project Agmnt - 2/11/20192/5/2019 JOINT PROJECT AGREEMENT This Joint Project Agreement (the "Agreement") is entered into as of 2019, by and between the City of Waterloo, Iowa ("Waterloo") and the City of Cedar Falls, Iowa ("Cedar Falls"). RECITALS WHEREAS, each party is reconstructing certain portions of University Avenue, and in the 2017-2018 construction seasons Cedar Falls substantially completed rebuilding that portion identified as "existing pavement" on Exhibit A attached hereto, and in the 2019-2020 construction seasons Waterloo will rebuild that portion identified as "new pavement" on said Exhibit A; and WHEREAS, the intersection of Midway Drive with University Avenue (the 'Intersection") contains elements in which the parties have mutual interest due to its location at the shared boundary of each city, and the parties will gain mutual benefit through cost efficiencies, elimination of redundant work, and more seamless connection of public infrastructure by working cooperatively for completion of the Intersection on the terms set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual promises exchanged herein, and for other consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Purpose. The purpose of this Agreement is as described in the recitals set forth above. 2. Term and Termination. This Agreement shall be in effect until completion of construction of the Intersection, including but not limited to the public streets that comprise the Intersection, related storm sewer, and traffic signals. This Agreement may be terminated otherwise only by the mutual written agreement of the parties or by the non - breaching party after a material breach of the terms of this Agreement by the other party which is not cured within 45 days of written notice of such breach. 3. Funding. Each party shall bear project costs as described in this Agreement, and shall be responsible for its own financing of same. 4. Property. There will be no joint ownership of any personal or real property, other than as specified in paragraph 7 below. 2/5/2019 5. Administration. The parties expressly do not provide herein for the creation of a separate legal or administrative entity to carry out the purposes of this Agreement. The parties will cooperate with each other in good faith and on a timely basis to resolve any issues that arise during the term hereof. Each party will perform, in a good and professional manner, all project responsibilities allocated to it hereunder. 6. Construction of Street and Public Infrastructure. Each party is responsible for design and inspection of those portions of the project work that lie within its respective city limits and shall solely bear all of such costs. Based on a coordinated set of designs, Waterloo shall prepare plans, specifications, estimate of quantities, and estimate of cost and submit them to Cedar Falls for review and comment. After said plan, specifications and estimates have been approved by the parties, Waterloo shall put the contract out for bid, evaluate qualifying bids received, and award the contract to the lowest responsible bidder. Waterloo shall be responsible for administration of the contract of construction and shall bear all costs of administration and oversight, except for inspection within the city limits of Cedar Falls which shall be the responsibility of Cedar Falls. Cedar Falls shall be notified in advance of meetings involving the Intersection work. Cedar Falls shall have the right of review and acceptance, in advance of acceptance or approval by Waterloo, with respect to any change orders as well as final acceptance of construction for that portion of the project within the Cedar Falls city limits. For change orders that are approved by both parties that result in increased or decreased costs, such additional costs or reductions shall be borne or credited as the case may be by each party in proportion to the size of the areas within each party's city limits that are directly affected by the change order; or, if no proportion can be reasonably determined, then equally. Each party shall be responsible for street and infrastructure construction costs within its own city limits as shown by preliminary cost estimates outlined in Exhibit B with final costs based on as -completed construction costs. 7. Traffic Signals. Traffic signal removal and installation of new traffic signals and luminaire extensions at the Intersection will be administered by Waterloo. The parties shall equally share the actual, as -completed cost of such removal and installation. After installation, Waterloo and Cedar Falls shall jointly own the traffic signals. After installation the allocation of responsibility shall be as follows: a. Cedar Falls shall pay the electric bills for operation of the signal and luminaire extensions. b. Waterloo shall complete all routine maintenance of the signal and luminaire extensions, c. In cases where (a) an act of nature that is not covered through reimbursable funding or (b) a non -reimbursable incident occurs, then Waterloo and Cedar Falls will equally share the cost of damage repair or replacement, including parts and labor. 8. Street Maintenance. By separate agreement, the parties may provide for allocation of responsibility between them for routine maintenance of streets at the Intersection and its near vicinity, including but not limited to ice control and snow plowing. 9. Project Payments & Timing. Waterloo shall be responsible for administering all payments to contractors. Upon fifty percent completion of the Intersection Waterloo will bill Cedar Falls and Cedar Falls will remit payment for fifty percent of the completed Intersection costs identified as Cedar Falls' responsibility in Exhibit B. This payment will be sent to Waterloo within sixty (60) days of said billing. Upon project completion and final acceptance of the 2 2/5/2019 Intersection by both Cedar Falls and Waterloo, Waterloo will bill Cedar Falls for the remaining portion of Intersection costs identified as Cedar Falls' responsibility in Exhibit B with final costs based on as -completed construction costs. This payment will be sent to Waterloo within sixty (60) days of said billing. Fifty percent completion occurs when the staging change is made that switches traffic, from the start of construction, to the opposite side of University Avenue roadway in order to complete the remainder of construction of the Intersection. 10. Timing. Waterloo shall make every effort to construct the Intersection in a timely fashion. Barring the occurrence of force majeure, unavoidable delays or like factors as defined in the construction contract, all project work described in Sections 6 and 7 is anticipated to begin in 2019, with the street and sewer and water infrastructure to be completed in 2019, with the possibility that driveways, sidewalks, landscaping, and traffic signals may not be completed until 2020. 11. General Terms. This Agreement, including all exhibits hereto, constitutes the entire agreement of the parties with respect to the subject matter hereof. It may be amended only by the mutual written agreement of the parties. This Agreement is binding upon and shall inure to the benefit of the parties. Time is of the essence in the performance of this Agreement. IN WITNESS WHEREOF, the parties have executed this Joint Project Agreement by their duly authorized representatives as of the date set forth below the signature of each party. CITY OF WATERLOO, IOWA CITY OF CEDAR FALLS, IOWA By: Quentin M. Hart, Mayor Attest: Kelley Felchle, ty erk Dated /l By: J es P. Brown, Mayor Attest: J Dated tal:414(- ielsen, City Clerk --?// y// 9 2/5/2019 EXHIBIT A Midway Drive Intersection 2/5/2019 EXHIBIT B Preliminary Project Costs by Jurisdiction Exhibit B 28E Agreement Cost Estimate City of Cedar Falls & City of Waterloo University Avenue Reconstruction - Phase 2 Project Number 9933 Midway Drive April 12, 2018 Cedar Falls Cedar Falls Utilities QUANTITY SUBTOTAL Waterloo QUANTITY SUBTOTAL Total QUANTITY SUBTOTAL ITEM CODE ITEM DESCRIPTION UNIT UNIT PRICE QUANTITY SUBTOTAL DIVISION 2 • EXCAVATION AND GRADING TOPSOIL, CONTRACTOR FURNISH CY $ 25.00 80 $ 2,000.00 $ - 160.00 $ 4,000.00 240.00 $ 6,000.00 EXCAVATION, CLASS 10, ROADWAY & BORROW CY $ 12.00 340.0 $ 4,080.00 $ - 1850.00 $ 22,200.00 2190.00 $ 26,280.00 SUBGRADE PREPARATION, 12 IN. SY $ 2.00 815 $ 1,630.00 $ - 4200.00 $ 8,400.00 5015.00 $ 10,030.00 MODIFIED SUBBASE SY $ 11.00 815 $ 8,965.00 $ - 4200.00 $ 46200.00 5015.00 $ 55,165.00 DIVISION 4 • SEWERS AND DRAINS STORM SEWER, TRENCHED, RCP, CLASS III, 15 IN. LF $ 55.00 40.00 $ 2,200.00 $ - 285.00 $ 15,675.00 325.00 $ 17,875.00 REMOVAL STORM SEWER PIPE LESS THAN OR EQUAL TO 36 IN. LF $ 15.00 45.00 $ 675.00 $ - 66.00 $ 990.00 111.00 $ 1,665.00 SUBDRAIN, HDPE, CASE B, 6IN. LF $ 10.00 165.00 $ 1,850.00 $ - 915.00 $ 9,150.00 1080.00 $ 10,800.00 SUBDRAIN, CONNECTION TO INTAKE OR STORM SEWER EA $ 200.00 4 $ 800.00 $ - 10.00 $ 2,000.00 14.00 $ 2,600.00 DIVISION 5 - WATER MAIN AND APPURTENANCES 5.03 WATER MAIN, TRENCHED, DUCTILE IRON PIPE, 12 IN. LF $ 130.00 $ - 42.00 $ 5,460.00 700 $ 91,000.00 742.00 $ 96,460.00 5.38 VALVE, GATE, 12 IN. EA $ 2,500.00 $ - 1.00 $ 2,500.00 5 $ 12,500.00 6.00 $ 15,000.00 CONNECTION TO EXISTING WATER MAIN EA $ 2,000.00 $ - 1.00 $ 2,000.00 1.00 $ 2,000.00 2.00 $ 4,000.00 DIVISION 6 • STRUCTURES FOR SANITARY AND STORM SEWER 6.02 MANHOLE, STORM SEWER, SW-401, 48 IN. EA $ 5,000.00 0.5 $ 2,500.00 $ - 0.50 $ 2,500.00 1.00 $ 5,000.00 DIVISION 7 • STREETS AND RELATED WORK 7.01 PAVEMENT, PCC, CLASS C, 8.5 IN. SY $ 42.00 245.00 $ 10,290.00 $ - 215.00 $ 9,030.00 460.00 $ 19,320.00 7.02 PAVEMENT, PCC, CLASS C, 10 IN. SY $ 44.00 335.00 $ 14,740.00 $ - 3035.00 $ 133,540.00 3370.00 $ 148,280.00 7.03 CURB AND GLITTER, PCC, VARIABLE WIDTH LF $ 35.00 75 $ 2,625.00 $ - 335.00 $ 11,725.00 410.00 $ 14,350.00 7.07 SHARED USE PATH, PCC, 6 IN. SY $ 46.00 $ - $ - 360.00 $ 16,560.00 360.00 $ 16,560.00 7.08 SIDEWALK, PCC, 51N. SY $ 43.00 25 $ 1,075.00 $ - 210.00 $ 9,030.00 235.00 $ 10,105.00 7.09 SIDEWALK RAMP, PCC, 6 IN. SY $ 85.00 55 $ 3,575.00 $ - 95.00 $ 6,175.00 150.00 $ 9,750.00 7.10 DETECTABLE WARNINGS SF $ 34.00 55 $ 1,870.00 $ - 50.00 $ 1,700.00 105.00 $ 3,570.00 7.16 REMOVAL, ROADWAY PAVEMENT SY $ 7.00 1260.00 $ 8,820.00 $ - 4600.00 $ 32,200.00 5860.00 $ 41,020.00 7.18 SAWCUT LF $ 6.00 117.5 $ 705.00 $ - 200.00 $ 1,200.00 317.50 $ 1,905.00 7.20 TEMPORARY PAVEMENT SY $ 50.00 200 $ 10,000.00 $ - 200.00 $ 10,000.00 400.00 $ 20,000.00 DIVISION 8 • TRAFFIC SIGNALS AND TRAFFIC CONTROL 8.09 TEMPORARY TRAFFIC SIGNALS (MIDWAY DRIVE) LS $ 12,000.00 0.5 $ 6,000.00 $ - 0.50 $ 6,000.00 1.00 $ 12,000.00 8.15 TEMPORARY BUSINESS ACCESS SIGN EA $ 175.00 8 $ 1,400.00 $ - $ - 8.00 $ 1,400.00 REMOVAL OF TRAFFIC SIGNALIZATION (MIDWAY DRIVE) LS $ 7,000.00 0.5 $ 3,500.00 $ - 0.50 $ 3,500.00 1.00 $ 7,000.00 TRAFFIC SIGNAL (MIDWAY DRIVE) LS $ 230,000.00 0.5 $ 115,000.00 $ - 0.50 $ 115,000.00 1.00 $ 230,000.00 DIVISION 9 • SITE WORK AND LANDSCAPING 9.01 HYDRAULIC SEE, FERT. & MULCH, TYPE 1 (PERM. LAWN MIXTURE) ACRE $ 4,500.00 0.02 $ 90.00 $ - 0.08 $ 360.00 0.10 $ 450.00 9.08 SILT FENCE LF $ 3.00 100 $ 300.00 $ - $ - 100.00 $ 300.00 9.09 SILT FENCE, REMOVAL LF $ 0.50 100 $ 50.00 $ - $ - 100.00 5 50.00 9.11 INLET PROTECTION DEVICE EA $ 150.00 2 $ 300.00 $ - $ - 2.00 $ 300.00 DIVISION 12 - SIGNS AND PAVEMENT MARKINGS 12.02 POSTS FOR SIGNS, STEEL LF $ 10.00 10 $ 100.00 $ - 10.00 $ 100.00 20.00 $ 200.00 12.03 AMCHOR POST, STEEL EA $ 65.00 1 $ 65.00 $ - 1.00 $ 65.00 2.00 $ 130.00 12.04 TYPE SIGNS SF $ 18.00 16.5 $ 297.00 $ - 18.00 $ 324.00 34.50 $ 621.00 12.05 PAINTED PAVEMENT MARKINGS, WATERBORNE STA $ 30.00 4 $ 120.00 $ - 6.00 $ 180.00 10.00 $ 300.00 12.07 REMOVABLE TAPE MARKINGS, WET RETROFLECTIVE STA $ 110.00 32 $ 3,520.00 $ - 80.00 $ 8,800.00 112.00 $ 12,320.00 12.08 PAVEMENT MARKINGS REMOVED STA $ 50.00 32 $ 1,600.00 $ - 80.00 $ 4,000.00 112.00 $ 5,600.00 SUBTOTAL CONTINGENCY (20%) $ 210,542.00 $ 42,108.40 $ 9,960.00 $ 1,992.00 $ 586,104.00 $ 117,220.80 $ 806,606.00 $ 161,321.20 TOTAL ESTIMATED CHANGE ORDER $ 252,650.40 $ 11,952.00 $ 703,324.80 $ 967,927.20 `Please note this is a Preliminary Estimate and not an all inclusive list of bid items.