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HomeMy WebLinkAboutIDOT - Preconstruction Agreement - STPN-934-0(7)--2J-07 - 6.5.2006 STAFF ACTION NO: PRECONSTRUCTION AGREEMENT County Black Hawk City Waterloo Project No. STPN-934-0(7)--2J-07 Iowa DOT Agreement No. 2006-6-149 This Agreement, is entered into by and between the Iowa Department of Transportatiopa, hereinafter designated the "DOT", and the City of Waterloo, Iowa, hereafter designated/(he "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; ,/ WITNESSETH; that WHEREAS, the DOT proposes to establish or improve an extension of Iowa Primary Highway No. 934 as a controlled access facility within Waterloo, Black Hawk County, Iowa; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Agreement 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. The DOT will design, let and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: The outer portion of Iowa 934 will be milled,rubblized and resurfaced from Midway Drive east to near U.S. 63. 1 2. As part of the project, the DOT will not reinstall existing traffic signal detection loops currently owned by the CITY. 3. The DOT will fund and the CITY will purchase and install 16 video image detection system cameras at an estimated cost of$96,000 at eight(8)signalized intersections with Iowa 934 as follows: Midway Drive Progress Avenue South Hackett Road Connection Service road at the Holiday convenience store Falls Avenue Sager Avenue Wallgate Avenue Fletcher Avenue The total cost to the DOT for these cameras shall not exceed$96,000. The CITY shall install and operate the cameras prior to September 1, 2006. Special Provisions 4. Iowa 934 through-traffic will be maintained during the construction period. 5. If the CITY 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 CITY shall promptly provide notice of the modification,amendment or revision to the DOT. If the CITY does not have a detailed Flood Insurance Study(FIS)for an area which is affected by the proposed Primary Highway project and the CITY does adopt an FIS in an area affected by the project after the date of this Agreement, the CITY shall promptly provide notice of the FIS to the DOT. General Provisions 6. The DOT will bear all costs except those allocated to the CITY under other terms of this Agreement. 7. The CITY,in cooperation with the DOT,will take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code sections 313.21 and 364.15. 8. 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. 2 9. Also as part of the project, it may be necessary to temporarily close various local CITY streets and/or alleys during portions of said project. If temporary closures are necessary,the DOT will furnish 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 CITY. The DOT will work in close cooperation with the CITY and the contractor to accommodate fire protection and local access across the project during construction.Work in the following intersections will be performed at night so that they can remain open during daytime throughout construction: Midway Drive Progress Avenue Greenhill Road Falls Avenue/Alabar Avenue Ansborough Avenue Fletcher Avenue 10. In the event this project is financed with federal funds, the CITY will take whatever action may be necessary to comply with applicable federal laws and regulations which includes but is not limited to Title 23 CFR(Code of Federal Regulations). 11. 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. 12. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 13. General Parking Requirements: A. On primary highways at signalized intersections, parking will be prohibited a distance of 20 feet in advance of the near sidewalk or traffic-control signal and a distance of 20 feet beyond the far sidewalk.At non-signalized intersections,parking will be prohibited 55 feet in advance of the near sidewalk and 22 feet beyond the far sidewalk. B. 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. 3 C. 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. D. 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 CITY. The new ordinance would go into effect no later than such time as the project is completed and opened to through traffic. Parking shall be prohibited along Iowa 934, within the project limits. 14. Subject to the provisions hereof,the CITY in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed (within the CITY project limits) all encroachments or obstructions in the existing primary highway right of way. The CITY 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. 15. Subject to the approval of and without expense to the DOT, the CITY agrees to perform or cause to be performed all relocations,alterations,adjustments or removals of existing utility facilities within the CITY, including but are not limited to power, telephone lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction of the project and the clear zone, as provided in Chapter 761 Iowa Administrative Code section 150.4(5)and in accordance with the Utility Accommodation Policy of the DOT referenced therein. 16. 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(except service connections),will be permitted or undertaken by the CITY 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. Miscellaneous Provisions 17. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. 4 18. 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. 19. This Agreement may be executed in two counterparts, each of which so executed will be deemed to be an original. 20. This document; as well as the unaffected provisions of any previous agreement(s), addendum(s),and/or amendment(s);represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 5 , J IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement No. 2006-6-149 as of the date shown opposite its signature below. CITY OF WATERLOO: By: Date -c k-n e 5 , 200�o . Title: Mayor I, Nang*% 1 e + 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 sday of Jt.t,n-t- 200 Signe City Clerk of terloo, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 200 Vicki Dumdei — District Engineer District 2. 6