HomeMy WebLinkAboutRESOLUTION NO. 2024-33RESOI�UTION NO. 2024-33
RESOLUTION AUTHORILING AN AGREEMENT BETWEEN THE
CITY OF FAIRFAX AND IOWA DEPARTMENT OF
TRANSPORTATION FOR USE OF HIGHWAY RIGHT-OF-WAY FOR
UTILITIES ACCOMMODATION
WHEREAS, the City of Fairfax, Iowa iiltends to construct a 12-inch diameter water
main alon� the east poi-tion of the Highway 151 right-of-way, beginning near Railroad Sti•eet
and extending north under the Union Pacific Railroad, as pai-t of the 2024 Water Main Extension
Under Union Pacific Railroad project; and
WHEREAS, the Iowa Department of Transportation requires an "Application and
Agreement for Use of Highway Right-of-Way for Utilities Accommodation" be completed by
the City of Fairfax, setting forth the requirelnents the City of Fairfax and its contractors inust
comply with for installing utilities in the Hi�hway 151 Right-of-Way.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Fairfax,
Iowa, to execute the "Application and Agreeinent for Use of Highway Right-of-Way for
Utilities Accommodation" with the Iowa Department of Transportation.
BE IT FURTHER R�SOLVED, by the Fairfax City Council of the City of Fairfax,
Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized and directed to execute
said resolution.
Passed and approved this 9`I' day of April, 2024.
AYES: Nurre, Daly, Wozniak, Volk, and Wainwright
NAYS: None
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Jo Ann Beer, Mayor
ATTEST:
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� nthia Stimson, City Clerk/Treasurer
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The instalfation shall cansist af:
e installation shall consist of 206 lineal feet of 12-inch diameter water main, to be located east of Highway
151 between Railroad Street and Losey Avenue in the City of Fairfax. Of the proposed 206 lineal feet of new
ater main, 120 lineal feet shall be contained within a steel casing pipe under the Union Pacific Railroad that will
e installed by jack and bore methods. The Union Pacific utility permit has already been obtained. Coordination
ith existing private utilities has been completed to ensure there will be no conflicts.
and shalf be lacated as shown an the detailed plan attached hereto. (See current fowa C3ep�rtment of 7ransportation Utility
Accommo�ation Folic for submiktal af de#ailed lan re uirements. See Section 115.8 3. https._IC�nnr�dot,.gov./..c€.g.ht.o�� t�d�stUtii.�yP�li_c�.p..df
WC}RK S(TE LOCA7lON
7he prnpnsed work as described above is focated in Sectian 9& 16 s�� 82N
f�ange 8W � �_ an Highway Na, 151 y�nerally located � (milss}
(direation} from Fairfax (project is within FairFax city limits) (city, county line, or athsr (andmark}.Work proposed is more
specifically located as being from 21•85 (Mi(epost #} and 856+55 (Highway Stationj
to 21.89 (Milepast #} ar�d _ 858+47 (Highway Statian) on the east side af highway.
Disclosure 3iatement: The information furnished on this farm wiU be tised by the bepartnaenf �f Transporfa#ian ta determine approva! or cienial of the
applacatian. �ailure to provide alf pertinent information wil! resc�tt in denial af Yhe application. Information tumished is public intormatian and ecrpi�s may
be �rovicieci to the pubiic upan request.
The utiliEy company, corparation, applicant, permit holder or licensee, (hereinafter referred to as the Perrnit applicant) agrees wiEh the
lowa L7epartment of iransportation (hereafter referred to as the i�epartmentj that the following stipulations and thase special
requirements as listeci on this doeument shai[ govern under this permif after it is approved by khe Department.
A,.,,GeneraE
1. The instalEation shal! meet the requirements of loca( municipaf, county, state, and federal frahchise rt�les and regufatior�s,
rQgulakions and directives of the lawa State Commerce Commission; the lowa C?epartment of [Jatural Resources, all rules and
regulations of the C�epartment and any other faws or reguEations applieabie.
2. 7he Permit Halder shail be iu(ly respansible for any future adjustments of the facilities within the established highway right-of-way
caused by highway construction or maintenance operatiohs.
3. As �er Section 115.�(8) of the Utility Accommodatior� Palicy, As-Suil[ plans are due within 90 days after completion af construction;
tha utility owner shafl submit to the district representative an as-built plan.
4. The +,vork described in this permit shall be con�pleted as proposed in compliance with the stipulations and special requirements
within or�e year frotn the date Departrnent approvai is received for sai�1 request. Failure on the pa�t of the Fertnit Holder to abide by the
stipulations or in constructing the work described as stipulated and within Yhe time frame stated shall render this agreement and
request null and void. ihe Permit F[oEder also agrees to save the State of towa anci the Departrnent harmless of any damages or
losses that may be sustained by any person, or persons, on account of fhe canditions and rec�uirements of this agreement.
5. Non-campiiance with any of the terms of the DepartmenYs policy, permii, or agreement, may be considered ceuse for shut-dawn of
construction operations; revocation of the permit, or withhoiciing of relocation reim6ursement and/or withhofding of future appfication
approvals until campliance is confirmed. 7he cost of any work deemed necessary tn be performed by the 5tate in removal of non-
con�plying construction wilE be assessed against the P�rmit Holder.
Aage 1 of 4
����
���£ APPLICATION AND AGREEMENT FOR U5E (�F
��'��' =,�j„ �,a�:>s ,:,,-:�s; HIGHWAY RIGHT-�F-WAY F+QR UTILITIES AGCOMMC7DATION
B. Constrc�ctian. and Maintena�ice
i. The location, constructian and maintenance of the utility instalfation cavered by this application shall be in accordance with the
current �epartment's lJtility Accommadation Policy. _hCt�a�:/(io�y�ri..o...t c�c�..v/ri.c�4-�t�°fsv_..a..ylpdfs..f..U[iligyPali.cy.�cffi
2. Before bec�inriiny any work in the highway right-of-way, it is the responsibility of the Permit hioEder to obtain an easement irom the
clrainayE district if r�ecessary. The O�partinent assumes no responsibility for advising the Permit Holder of each Iocatian of a drainage
ciistrict crossing. If is the Permit Holder's responsibility to locate these crossings anci obtain any necessary easements or permission
frorn the drainage district. See Code of lowa: Chapter 4b8 for additionaf informatioh.
3. A copy ofthe appraved permit shall be availabie on thejob sife at all times for examination by Department personnel.
4. Operations in the construction anci maintenance of this utility installation shall be carried on in such a manner as to cause minirnum
interference to or distraction of traf(ic on said highway.
5. Traffle protection shal( minimally be in aecorclance with Part VI of the current Ntanual on Uniform Tra�c Gontrol Devices for Streets
and I-[ighways. ihe a�piicant shall be responsible for correctly usiny traffic control devices includiny signs; v✓arning lights: and
cMannelizing ciavices as neecled vrhile work is in proyress or the clear zane is impacted. Flagging operations are the respansibility of
the applicant. The Departrnent`s TC XXX Series Standards are the preferred tra�c control specification plans.
f.xttg� ll�vwwo�ow�cfc�t c��u.f..c#escc�rt.l..sici�3lr€.e..�[c„�irn
6. The applicant sl�all seed and m�lch alf disturbed areas within the highvray right-of-way and shall be responsible for the vegefative
cover untiE i[ becames well established. Any surfiaced areas such as c3riveways or shoulders and sndded waterways and plantinys
which are disturbed shall be restored to their originai condition. Any damaye to any other underground facilities during installation shall
be repaired at Ehe �ermit holder's expense.
7. All �ersonnel in the high��ray rigfit-of-�n�ay shall wear AN51 '107 Class 2 apparel at ail times when exposed to traffic or const�uction
equipment.
8. As per Poliey Seation 1'35.4(9) parking or storage in the elear zone is prohibited. Vvhen not in actual use, vehioles, equipmenf and
materials shali not be parked or stored �,vithin the clear zone or median.
9. Un(ess s�ecificaily r�oted in Speciai Requirements section, all work performed wiihin the righE-of-svay sh�ll be restricted Eo 30
minutes after sunrise ta 30 minutes before sunset.
10. Pedestals shaN be placed within i 2 inches of the right-of-way line.
'11. AII above and belaw ground appurienances (pedQstals, hydranis, drains, accesses; etc.} shall be rnarked with high visibility pasts
and signs. The minimum heiyht requirement for the signs shail be 5 faot. Urban Roadway Ssctians may be exempted �Niih department
appeoval.
C. Liabilitv
1. io the extent a(Iowable by law; the Permit Holder agrees to indemniiy, defend, and hold the Department harrniess frorr� any action
or liability arising out of the design, construction, maintenance, placen�ent of traific control devices, inspectian, or use of the Pertnit
Holder's facilities. This agreement to indemnify, de#encl, and hold harrrtless �gplies to all aspects of the i3epartmenYs application
reviewand approval pracess, plan and construction reviews, and funding participation.
2. The Permit Holder shall indemhify and save harmiess the State o# lowa, its agencies and employees, from any and afI causes of
acfion, sui[s a[ law or in equity, for losses, damages, elaims ar c3emands, and from any and ail liability and expense of whatsoever
nature, arising ouY of or in connection with the Permit Holder's use or occupancy af the public highway.
3, ihe State of Io�Na and the Departrr�ent assume no responsibility for damages to the Pern�it I-lalder's property occasioned by any
conskruction or n�ain[enance operations on said highv✓ay if the faciliiies are not located in accordance with this pernaii.
4. 7he State af lowa, its agencies or empioyees, wiil be liabl� for expense incurred by �he Permit FEalcler in its use and occupancy of
the hight,vay right-of-way only +,vhen negligence of the State., its agehcies or employees, is the sole proximate cause of such expense.
Whether in car�tract, tort or otherwise, the liability of the StaFe, its agencies and employees, is limited ta the reasanabie, direct expense
to repair damaged ufilities, and in na event will such liability extend to loss of profiEs or business„ indirecf, special; consequential or
in�idental darnages.
�.._��CtflC,�t.fOC1
1. ihe f'ermit Nolder is responsible for contacting lowa Or�e-Call (9-800-292-5989? and request the location of all undergrouhd u�ilities
fotty-eight {48} hours before exeavatiot�. Before begint�ing work in the highway right-of-way, the Permit Holder shall also cot�tact any
other known utility focated in the area oithe praposed wark.
2. The Permit Holder agrees ta give Ehe l�eparfinent forky-eighf (�18) hour nofice of its inEention to start construction or to perforrn
toutine maintenance on the highway righF-of-way. Said notice shall be made to the local QOT contact person whose name is shown on
Page 3.
3. 5'!9 Piotification - 7he Permit Hofder or their contractor may not o6struct ar close primary highv�ays or primary highway
extensions (state highways within city lin�itsj without prior consent af the department, except in emergency situations. Before
setting up a lane closure or verticalthorizontal restriction of any kind on a primar� ltighway, call [he local DOT Maintenance Garage
AfVD the Traffic Managernent Center per attached documents. Except in emergency situaiions, a 1t7-day advance na[ice is required.
hffp,;liy�rsu tr�wadot.yavftr..a�c/ufili}ytp,d„fs(�1`IU`tEl�k.yf�3of�fiaatic�n pdf
�. Buy America
Buy America applies to relocations of utility tacilities that must move due to highv✓ay projects under certain specific conditions that
ihclude reimbursable locatians and relocations due to interstate projects_
Please contac[ the Departmen['s Dis[rict Engineering Operakion Technici�n {EOT) far more intormation on Buy Arneriea requirements
orvisitthefollowin� link: https„f}ic�wad�t,govt,€ic�t,-�teafwaylUYifttY....Ac,commodation,and_Goc�rd€natic�,rt#533£'a,,5„2456 buy-an�eric_a
}'ern7it Number:
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Special Requirements - in addition to the stipulations above, the foliowing special req�irements shall apply to this pennit:
Applicant Signature and Agreement
The undersigned have read the stipulations of this permit agreement as stated, as well as attachments which may be included, and by
siyning this application agree to abide by all stipulations and to complete the work as proposed in compliance with the stipulations and
attachments within one year from the date Department approval is granted for said request. Failure on the part of the applicant to abide
by the stipulations or to construct the work desired as stipulated and within the time freme stated shall render this agreement and reyuest
null and void. The undersigned also agrees to save harmless the State of lowa and the lowa Department of Transportation from any
damage or losses that may be sustainec! by any person or persons on account of the conditions and requirements of this agreement.
__. � ,. __._— __.._ � _.. . _...� _� — _. __ �.._. _��__.._, ..�_�
Name of Agent (Print or Type) p, �r�tif�r�r�ei (Si atwre Title
, Jor� Larson (Hall & Hall Engineers) ' !` � _ '�f�.,._. Pro�ect Manager
_ .��__,
Name of Owner (Pnnt or Type) %� Date
�it of Fairfax, IA __�.� � 3 � �� � 2�`� _ ���_
e-Mail Address
on a� haileng.com
CITY'ACTION {IF PROPOSED'UliORK 1S WITHW AN INCORPORATED GiTY, CITYACTION iS REQUIRED)
'The undersigned city joins in the grants embodied in 1he above permit executed by the lowa Department of Transportation on condition
that all of the covenants and undertakings lherein running to the lowa Department of Transportation sha�l inure to the benefit of the
undersigned city and recommends action on said permit application as noted below by the delegated city offlciai".
RecommendApproval � DoMotRecommendApproval � NoneRequired
Signature � Title Date
�i/.,�,,,_ �5 po� Mayor � /F� ��{
7ype or Print Name Authorized Official for the City of
Jo Ann Beer Fairfax
e-Mail Address
r�ayor@ cityoffairfax.org
COUNTYACTION (IF PRbPOSED WORK CROSSESCOUNTY RIGHT-OF-WAY,';COUNTYACTION 1S REQUIRED)
'Ths undersigned county joins in the grants embodied in the above permit executed by the lowa Department of Transportation on
condition that a11 otthe covenants and undertakings therein running to the lowa Department of Trarisportation shall inure to the banefit of
the undersigned county and recommends action on said permit application as noted below by the delegated county official",
� Recommend Approval � Do Not Recommerfd Approval " None Reqwred
_......__ _ ____-__..__.. _ _ �----. _ �� . .._. �.�. ,. u �. �
I Signature �7itl� _______�.__ __. ��_. _� ---. --- �.Date �
Type or Print Name
e-Maii Address
� Recommend Approval � Do Not Recemmend Approvai
. ...___ me��..�_ �.--.
Authorized FHWA Representative Signature
� Application Approved � Application Denied
_ �_ . _�---- _ � .. .._ __..... _.,..
Authorized Highway District Representative Signature
e-Mail Address
Loca) DOT Contact Person (Type or Print Name)
Street Address
e-Mail Address
a.
Authorized Oificial for the County of
� None Requtred
_,._,_� . _._
� Date
: ��_ —__ �.,,,;.:.....�. ,
Permit Number.
_ _ ._ ,.,,_ _ _
Date
be submitted by the appficant a minfmum ofY98 hours prior to
[ion. Notice is to be giveh to the fottowing iowa Depattment of
i required io� tane rostrictions of arry lqnd:
�....��._m.�- �.
� Phone Number (
City/Town
State � ZIP Code
I:�
Permit Number:
Paye 3 af �i
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r���°� � ,� Q: �
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�ite Pl�n & Attachments Checklist
for Utilities Accommc�dation Permit
Las# updafed 10-30-2023
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Plans showing highway cenker(ine, route number, stationing and milepost.
Usible orientation (narth arrov,�} and identifying landmarks.
Clearly identify right-nf-way (RC�W} lines and include with horizontal distance frnm highway centerline
shown, including all breakpoints and changes in the ROW distances.
Provide lowa C?ne Call design req��est infarmafion (minimally fhe li�t of utility awners}.
List all the existing uiilities in the installatinn area. Qescribe haw ycsur instaUaEion will a�dress existing
utilities that are in conflict, and show all observable existing features, such as pawer poles, pedestals,
markers, handholes, tre�s, ete.
Shaw all canstruction featuresJbore pits with the running line and horizontal distance from raadway
edge or centerline (showing clear z�e con�pliance}. ��tt��,:tl€_c3wa�lc��,,g4virigh��fwayf,�c�fs�ti[it,yPol.€c.y.47d�
Show the startlstc�p stakioning and depths or elevations for all bores, longitudinal and transv�rse.
Show the startlst� stationin� and depths ar elevati�ns for all plowing locations.
Show casing stark/stop I�cations, lengths, diarr�eter, and material if casings are used.
Shaw afl facilities that are t� be installed on the site pfan inc(uding but not limited to pedestals, wire
conduit, pofes, guy anchors, junction baxes, hanciholes ancf manholes. ALL MU�T BE REFERENCED
BY highway stationing and distance from centerline.
Show where installation starts and stops, leave fhe RDW, stops �t existing pedestal, pole, etc. Use
highway stationing and distance from centerline of �he start anc! stops.
� Identify any physical focal pc�ints, posts, pedestals, shutoffs, overflow valves, hydrants, etc.
� Describe any other wark to accomplish instailation before, during or afier instal(ation, including but nat
limited to remr�val of brush/trees, removal of underbuild, construction c�f access, fenc� removal, fence
repl�cemer�t, etc.
[�j Identify unusual issues to be painted out on the sife plan. CLARIT`f IS THE KEY. It will not be
� assumed to be included in the peri�it or that the permif holder will perform certain work if if is not
included in the plan.
Attachments
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Praper Traffic Cantrol Standards (lowa DC�T TCxxx Series Standard plans preferred)
Availabl� at: �ttp:lli�e�ciat.,c��_vlc�e�i�_r�istd�alrie t�`h�rn
Required Height ! aepth Typical (supplied by the department)
Tile Repair Guic�e (rural locations} (supplied by the department}
Special Seeding Requirements and Erosion Cantro( (supplied by the department)
511 Lane Restrictinn Requirements (if any lane restrictiar� is anticipated) (supplied by the department)
ALL ITEMS MUST BE LEGIBLE FC?R REVIEW BY THE QEPARTMENT
Pege �9 of �#