HomeMy WebLinkAboutRESOLUTION NO. 2017-46 RESOLUTION 2017-46
A RESOLUTION APPROVING A 28E IOWA
DEPARTMENT OF TRANSPORTATION RIGHT OF
WAY AGREEMENT FOR PRIMARY ROAD
PROJECT - AGREEMENT #2017-1-263
WHEREAS, the Iowa Department of Transportation has drafted a
Right of Way Agreement for Primary Road Project #2017-1-263; and
WHEREAS, the Hall and Hall Engineers, Inc. has reviewed the
Agreement and is recommending approval; and
WHEREAS, this Agreement is attached.
NOW, THEREFORE, BE IT RESOLVED, the City Council of the
City of Fairfax, Linn County, Iowa, does by this resolution enter into the
attached 28E Iowa Department of Transportation Right of Way Agreement
for Primary Road Project #2017-1-163; and
BE IT FURTHER RESOLVED, by the City Council of the City of
Fairfax, Iowa, that the Mayor and City Clerk/Treasurer are hereby authorized
and directed to execute said 28E Agreement and this Resolution.
Passed and approved this 9" day of May, 2017.
AYES: Beer, Daly, Kell, Volk, and Wainwright
Burnell Frieden, Mayor
ATTEST: ��� M
Cy is Stimson, City Clerk/Treasurer
iuvvAD0T
SMARTER I SIMPLER I CUSTOMER DRIVEN wviovrradot.gov
District 6 Office I Highway Division
5455 Kirkwood Blvd.SW,Cedar Rapids, IA 52404
Phone:(319)364-0235 1 Fax(319)364-9614 1 Email:jim.schnoebelen@iowadot.us
May 23, 2017 REF: NHSN-151-3(147)--2R-57(R0V)
NHSX-151-3(158)--3H-57(Const)
Linn County
City of Fairfax
Agreement 2017-1-263
Staff Action No. N/A
The Honorable Bernie Frieden
Mayor of Fairfax
PO Box 337
Fairfax, IA 52228-0337
SUBJECT: Agreement 2017-1-263 FULLY EXECUTED(Unknown pavement -grade and
replace on U.S. 151 in Fairfax, from approximately 500 feet south of Church Street to
approximately 500 feet west of 80th Street)
Dear Mayor Frieden:
Attached is your original of the fully executed Agreement 2017-1-263 between the city of
Fairfax and the Iowa Department of Transportation for the above referenced project. The
project involves: Unknown pavement - grade and replace on U.S. 151 in Fairfax, from
approximately 500 feet south of Church Street to approximately 500 feet west of 801h Street.
Thank you for your cooperation in the processing of this agreement.
Sincerely,
qant84 RJ1442"
James. R. Schnoebelen, P. E.
District 6 Engineer
JRS/hmb
Enclosure: Agreement 2017-1-263
cc: Deanne Popp
Daryl Hart
a
July 2014
IOWA DEPARTMENT OF TRANSPORTATION
Right of Way Agreement
For Primary Road Project
County Linn
City Fairfax
Project No. NHSN-151-3(147)-2R-57(ROW)
NHSX 151-3(158)-3H-57(Const)
Iowa DOT
Agreement No. 2017-1-263
Staff Action No. N/A
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the"DOT",and the city of Fairfax, Iowa,a Local Public Agency,hereafter designated the"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. 151 within Linn County,Iowa;and
The DOT and the LPA are willing to jointly participate in said project, in the manner hereinafter 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 will design, let,and inspect construction of the following described project in accordance
with the project plans and DOT standard specifications:
Unknown pavement-grade and replace on U.S. 151 in Fairfax,from approximately 500 feet south
of Church Street to approximately 500 feet west of 80"'Street.
2. 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)will remove or cause to be removed(within the corporate limits)all
encroachments or obstructions in the existing primary highway right of way.The LPA 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.
b. The DOT will be responsible for the coordination of utility facility adjustments for the primary road
project.
o. The LPA agrees to relocate all 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.
2017-1-263 Fairfax(002) 1
July 2014
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 will be permitted
or undertaken by the LPA 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.
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 portion of their participation in the project, voluntarily agrees to make such
lands available without further compensation. The DOT shall be responsible for acquisition of all other
right of way.
f. In connection with this project any real estate and rights to real estate necessary for right of way at
the connection of any public road and a primary highway project, any access road or frontage road, or
any permanent utility easements which are or which will be under the jurisdiction of the LPA may be
acquired by the DOT, for and in the name of the LPA. Where acquired by contract the LPA will
receive title from the contract seller and the LPA will accept title thereto.Where acquired by
condemnation, a single joint condemnation proceeding will be instituted by the DOT to acquire real
estate or rights in real estate needed by the LPA for the LPA and to acquire real estate or rights in
real estate needed by the DOT for the DOT.
g. Access rights may be acquired by the DOT along all public road intersections within the project limits.
Access rights, if acquired,will be in the name of the State of Iowa. The acquisition of access rights
will be in accordance with 761 Iowa Administrative Code Chapter 112 and the DOT Access
Management Policy. If access rights are required,the LPA shall not permit any third party to use the
controlled portion of the side road without the prior written consent from the DOT. If the LPA feels that
it is in the best interest of the parties involved to modify the access rights in any way, they may
petition the DOT District 6 Engineer to do so.
3. 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 promptly provide notice of the
modification, amendment or revision to the DOT. 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
promptly provide notice of the FIS to the DOT.
b. The LPA will comply with all provisions of the equal employment opportunity requirements prohibiting
discrimination and requiring affirmative action to assure equal employment opportunity as required by
Iowa Code Chapter 216. No person will, 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.
2017-1-263—Fairfax(002) 2
July 2014
e. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
f. 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 will remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2017-1-263 as of the
date shown opposite its signature below.
CITY OF FAIRFAX:
By: �� ., _ Date , 20j
Title. Mayor
1, I> Yrr� '(�Ui , certify that I am the Clerk of the City, and that
41&UO Abu d�!! �r� T�1 i 0,I]e �1 ,who signed said Agreement for and on behalf of
U yG
the City was duly authorized to execute the same on the day of �� , 20
9
0
Signed:
City, Jerk of Fairfax, Iowa
IOWA DEPARTMENT OF TRANSPORTATION:
A
f
By: �, 2JXIe�) Date20k
Jaifies R. Schnoebelen
District Fngineer
District 6
2017-1-263—Fairfax(002) 3
1111111 I III III IIIIIlIIII IIIA Ilill VIII VIII VIII illll 1111111111111111111111
Doc ID: 022818520002 Type: GEN
Recorded: 05/05/2017 at _04:13:48 PIS
Fee Amt: Moo Pane 1 of 2
Revenue Tax: $0.00
Linn County Iowa
JOAN MCCALt1ANT RECORDER
Prepared By: Limn Comity Secondary Road Dept., 1888 County Home Rd, Marion, IA 52302, (319)892-6400
Return To: Linn County Auditor, 935 2011 Street SE, Cedar Rapids, IA 52404,(319)892-5300
COUNTY AND CITE'
PROXECT AGREEMENT
This agreement entered into this --L- day of l4 ,: , by and between Linn County,
Iowa, hereinafter referred to as County, and the City of Fairfax, hereinafter referred to as City.
WHEREAS, both the County and the City are a public agency as is defined by Section 28E.2 of
the Code of Iowa, and
WHEREAS, Section 28E.3 of the Code of Iowa provides that any power or powers, privileges or
authority exercised or capable of exercise by a public agency of the State of Iowa may be exercised and
enjoyed jointly by a public agency of the State of Iowa having such power or powers, and
WHEREAS, it is proposed, that the County plan, design and let for bidding a construction project
to repair and overlay with Portland Cement Concrete (PCC) the existing pavement, shoulder and apply
pavement markings on shared portions of 801" Street SW, and
WHEREAS, the City Council and the County Board of Supervisors have informed themselves as
to the proposed improvement.
IT IS NOW AGREED that the City of Fairfax and Linn County enter into an agreement pursuant
to Chapter 28E of the Code of Iowa providing for cooperative action pursuant to the proposed roadway
construction project and, said cooperative actions include the following:
1) SCOPE OF WORK - Design, let and construct improvements to 80al Street SW per plans and
specifications produced by the Linn County Engineer. Work is. to include concrete overlay, granular
shoulder, pavement marking, staking, inspection, and other items to complete the project. Other items
may incliude grading, patching, culvert extensions or replacements, etc.
2) DURATION - This Agreement shall commcirce on the date that both parties sign this agreement and
Shall continue thereafter until the final completion of the project and settlement of the financial
conditions of this agreement.
3) PURPOSE - The purpose of this Agreement is to accomplish the proposed project as described herein
in accordance with the aforesaid scope of work and in agreement with conditions specified in this
Agreement.
G:\City of Fairfax)bocnmenis\City Cormcil\2017\Supporting Documents\Fairfax - 80th Street SW Paving 28E.doex
Pager nt2