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HomeMy WebLinkAboutIDOT - FY23 Sunnyside Ceek Improvements, Cont. No. 1062 - 3.3.2025City County Project No. Iowa DOT Agreement No. Staff Action No. Waterloo Black Hawk AECOM 60680939 2024-16-066 This agreement is by and between the State of Iowa, Iowa Department of Transportation (hereafter "Iowa DOT") and the City of Waterloo (hereafter "CITY") as follows: 1. The CITY is proposing a wet pond basin along State Highway U.S. 20, southwest of the City of Waterloo. With this work, the CITY is requesting access within Iowa DOT right-of-way to remove an existing pipe apron at Station 394+70 and install an SW-513 Intake. The removed apron will be reinstalled inside the proposed wet pond area. The existing pipe culvert will be connected to the proposed SW-513 Intake and outlet into the proposed wet pond basin. Ditch re -grading will occur between Stations 392+00 to 399+00. See Exhibit A for locations of work and Exhibit B for details of the wet pond area. 2. The CITY is the owner of the wet pond basin and is responsible for all related work on this project and will pay for the construction costs. The CITY will maintain the SW-513 Intake, piping, and outlet apron that drains into the wet pond basin. 3. Ownership and underlying fee title of right-of-way that accommodates the SW-513 Intake structure and piping within its limits is held in the name of the State of Iowa. The State of Iowa does not accept any responsibility for maintenance of the SW-513 Intake, piping, and outlet apron. 4. The CITY must obtain an Application and Agreement to Perform Work Within State Highway Right -of -Way (Form 810028). This agreement between the Iowa DOT and the CITY shall be included with Form 810028 as approved. 5. The CITY agrees to defend, indemnify and hold harmless the State of Iowa and its Iowa DOT from any and all claims, actions, or liability whatsoever arising out of or related in any manner to this project and maintenance of the SW-513 Intake, piping, and outlet apron as described. 6. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such judgment 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. 7. This Agreement as set forth in Paragraphs 1 through 7 herein (inclusive) represents the entire Agreement between the CITY and Iowa DOT. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed Addendum to this Agreement. 2024-16-066_Waterloo IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2024-16-066 as of the date shown opposite its signature below. CITY OF WATERLOO: By: 62uerc-uz 2u/1 Mayor Attest: By: Kelley Felchle��G�"' Date March 3 20 25 SIGNED March 3 Date 2025. City Clerk IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ Nickolas J Humpal, P.E. District Engineer District 2 2024-16-066_Waterloo