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HomeMy WebLinkAboutIDOT - PreConst Agment - 12.2.2024January 2023 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Black Hawk City Waterloo Project No. NHSX-063-6(102)--3H-07 Iowa DOT Agreement No. 2025-6-041 Staff Action No. N/A This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated "DOT", and the city of Waterloo, Iowa, a Local Public Agency, hereinafter designated "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 hereafter 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 shall 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 with cold -in -place recycling on U.S. 63 from 0.1 miles southwest of its junction with U.S. 20 to 0.4 miles southwest of University Avenue in Waterloo. Additional improvements include paved shoulders, Americans with Disabilities Act (ADA) curb ramp updates, and ADA updates to pedestrian signals and pushbuttons installed at pedestrian refuge areas located along U.S. 63 at various pedestrian crossings. See Exhibit A for project location. 2. Project Costs a. The DOT shall bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. U.S. 63 through -traffic shall be maintained during the construction. 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), shall remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing primary highway right of way. The LPA shall 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 shall be responsible for the coordination of utility facility adjustments for the primary road project. 2025-6-041_Waterloo 1 January 2023 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 shall be permitted or undertaken by the LPA without the prior written approval of the DOT. All work shall be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. e. The LPA shall be responsible for providing, without cost to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other LPA-owned lands which are required for the project, subject to the condition that the DOT shall reimburse the LPA for the value of LPA-owned improvements situated on such other LPA-owned lands. The LPA has apprised itself of the value of these lands, and as a condition of their participation in the project, the LPA voluntarily agrees to make such lands available without further compensation. The DOT shall be responsible for acquisition of all other right of way. f. The LPA agrees to allow the DOT and its contractors temporary access to the LPA owned property located along the Sergeant Road trail for the purpose of updating the pedestrian curb ramps so they comply with the Americans with Disabilities Act. 5. Construction & Maintenance a. Upon completion of the project, no changes in the physical features thereof shall be undertaken or permitted without the prior written approval and consent of the DOT. b. Future maintenance of the primary highway within the project area shall be carried out in accordance with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150. c. New pedestrian signal and pushbutton construction for this project shall be provided under guidelines established in 761 Iowa Administrative Code Chapter 150. As part of the project, nine locations of existing pedestrian signals and push buttons will be replaced, two locations will update the pedestrian push button hardware, and two locations of existing pedestrian signals and pushbuttons will be relocated. These improvements will occur at the intersections of U.S. 63 and West Ridgeway Avenue, Ansborough Avenue, West 3rd Street, and Fletcher Avenue. The DOT shall construct pedestrian signal and push button installations all at no cost to the LPA. If constructed, the LPA shall accept ownership of and responsibility for future energy and maintenance costs of those pedestrian signal and pushbutton units which lie within the corporate boundaries. 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 provide notice of the modification, amendment or revision to the DOT within 14 calendar days of the LPA's receipt of a subsequent FIS or modification. 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 provide notice of the FIS to the DOT within 14 calendar days. The LPA agrees to defend, indemnify and hold the DOT harmless from any and all claims, costs, and damages arising from or related to the LPA's failure to timely provide an FIS or and FIS modification to the DOT in accordance with this provision. b. The LPA shall comply with all provisions of the equal employment opportunity requirements 2025-6-041_Waterloo 2 January 2023 prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Title VI of the Civil Rights Act of 1964 and Iowa Code Chapter 216. No person shall, 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, 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 shall remain in effect except as amended herein. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed amendment to this document. IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2025-6-041 as of the date shown opposite its signature below. CITY OF WATERLOO: By: atertaa Title: Mayor Kelley I, , , , certify that I am the Clerk of the City, and that Quentin Hart who signed said Agreement for and on behalf of DIGITALLY SIGNED Date December 2 20 24 the City was duly authorized to execute the same on the 2ndday of December Signed: Kelley Ee(ChCe DSI IGIT o City Clerk of Waterloo, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ Nickolas J Humpal, P.E. District Engineer District 2 , 2024 2025-6-041_Waterloo 3 EXHIBIT A Project Location NHSX-063-6(102)--3H-07 M.P. 162.10 Sta. 1024+00 END PROJECT it:011181, M,P. 158.56 Sta. 838+97 BEGIN PROJECT 2025-6-041_Waterloo