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IDOT Funding Agreement Landfill Access Road Copyrighted November 5, 2018 City of Dubuque Consent Items # 26. ITEM TITLE: Funding Agreement Landfill Access Road SUMMARY: City Manager recommending approval and authorization for the Mayor to execute a Preconstruction Funding Agreement with the lowa Department of Transportation for the new Landfill Access Frontage Road to be constructed by the lowa Department of Transportation as part of the US20/ Swiss Valley Road Interchange Project. RESOLUTION Approving the Preconstruction Funding Agreement (Agreement No. 2019-4-006) between the City of Dubuque and lowa Department of Transportation for the Landfill Access Frontage Road to be constructed as part of the US20 /Swiss Valley I nterchange Project SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Landfill Access Frontage Road Preconstruction City Manager Memo Funding Agreement-NNM Memo Staff Memo Staff Memo Resolution Resolutions Funding Agreement Supporting Documentation Funding Agreement Exhibits Supporting Documentation THE CITY OF Dubuque � AIFA�erlwGh UB E '�� III► Masterpiece on the Mississippi Z°°'�w'2 7A13 2017 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: lowa Department of Transportation — US20/ Swiss Valley Interchange Project Landfill Access Frontage Road — Preconstruction Funding Agreement lowa DOT Agreement No. 2019-4-006 lowa DOT Project No. NHSN-020-9 (251)-3H-31 (Paving) NHSN-020-9 (239)-3H-31 (Bridge) DATE: November 1 , 2018 Assistant City Engineer recommends City Council approval and authorization for the Mayor to execute a Preconstruction Funding Agreement with the lowa Department of Transportation for the new Landfill Access Frontage Road to be constructed by the lowa Department of Transportation as part of the US20 / Swiss Valley Interchange Project. As part of the US Highway 20 safety improvements, Priority 1 access control will be implemented along the corridor between the Old Highway intersection and the new Swiss Valley interchange, requiring all existing at-grade access locations be eliminated. This will result in the existing landfill access to US20 being removed and a new frontage road access created. The new Landfill Access Frontage Road will connect directly to Seippel Road, near the Southwest Arterial interchange. I concur with the recommendation and respectfully request Mayor and City Council approval. �� �� ��� Mic ael C. Van Milligen �� � MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Dubuque THE CITY OF U� � All-America City 1 / Masterpiece on the Mississippi � zoo�•zoiz•zois•zoi� TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: lowa Department of Transportation - US20 / Swiss Valley Interchange Project Landfill Access Frontage Road - Preconstruction Funding Agreement lowa DOT Agreement No. 2019-4-006 lowa DOT Project No. NHSN-020-9 (251)--3H-31 (Paving) NHSN-020-9 (239)--3H-31 (Bridge) DATE: October 31 , 2018 INTRODUCTION The purpose of this memorandum is to seek City Council approval and authorize the Mayor to execute a Preconstruction Funding Agreement (Agreement No. 2019-4-006) with the lowa Department of Transportation (lowa DOT) for the new Landfill Access Frontage Road to be constructed by the lowa DOT as part of the US20 / Swiss Valley Interchange Project. BACKGROUND The lowa DOT is developing a project to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersection of US Highway 20 and Swiss Valley Road. This project, known as the Swiss Valley Road Interchange Project will tie into the Southwest Arterial Project. As part of the US Highway 20 safety improvements, Priority 1 access control will be implemented along the corridor between the Old Highway intersection and the new Swiss Valley interchange, requiring all existing at-grade access locations be eliminated. This will result in the existing landfill access to US20 will be removed and a new frontage road access be created. The new Landfill Access Frontage Road will connect directly to Seippel Road, near the Southwest Arterial interchange. Once completed, the Landfill Access Frontage Road will fall under the jurisdiction of the City as a local public street. The attached Exhibit A shows the location and alignment of the proposed Landfill Access Frontage Road. DISCUSSION With the future construction of the US20 / Swiss Valley Interchange Project and the spacing requirements for priority access control standards, this will require the removal of the existing at-grade intersection into the Landfill Agency property. As a result, a new public access frontage road will be constructed to serve the Landfill and US20 properties. Originally the lowa DOT proposed to construct the new road to rural roadway standards, which was a 24-foot pavement with granular shoulders, however the City has requested that the road be 37-feet wide to match City urban complete street standards. The lowa DOT has agreed to construct a 37-feet wide road; however, the City will be required to pay the cost differential from 24 to 37-feet road width with curb and gutter (additional 13-feet width), plus any additional infrastructure costs related to storm sewer, future street lighting, future fiber conduit, sidewalk and future water main extensions. In accordance with the provisions of lowa Administrative Code, and per the terms and conditions of the Preconstruction Agreement, the City will be responsible for the following costs: • 100°k of the cost for additional pavement width (additional 13-feet width). • 100°k of the cost for subgrade stone material for additional pavement width. • 100°k of the cost for storm sewer. • 100°k of the cost for conduit in the bridge. BID RESULTS Sealed bids were received on the project by the lowa Department of Transportation on June 17, 2018 in Ames. CJ Moyna, of Elkader, IA submitted the low bid and was awarded the construction contract in the amount of $5,105,917.46. The construction contract cost share between the lowa DOT and City is summarized as follows: Bid Award lowa Department of Transportation $ 4,342,864.94 City of Dubuque 763,052.52 Construction Contract Cost 5.105.917.46 BUDGETIMPACT The projected City funded cost share for the Landfill Access Frontage Road project is summarized as follows: Bid Award Roadway Pavement (additional 13-feet width) $ 542,337.77 Storm Sewer 201 ,514.75 Bridge Conduit 19,200.00 Total Project Cost - City Share S 763.052.52 The anticipated funding for the project summary is as follows: CIP No. Fund Description Bid Award 300 2762 Landfill Access Road (FY19) 500,000 Funding Shortfall 263,052 Total Project Funding - City Share 763 052 2 During the FY19 CIP budget development process, the lowa DOT did not have plans completed nor any cost information available. However, staff was aware of the upcoming project a proactively programmed funding ($500,000) for the City's cost share portion. Once the lowa DOT completed plans and bid the project, it was determined the City's cost share portion would be approximately $763,052, leaving a shortfall in City budgeted funding in the amount of$263,052. To address the funding shortfall, staff is recommending that additional funds be programmed as part of the FY20 CIP budget development process. The additional funding is summarized in the following table: CIP No. Fund Description Bid Award 300 2762 Landfill Access Road (FY19) 500,000 300 2762 Landfill Access Road (FY20) 61 ,538 $263,052 Stormwater Const Fund (FY20) 201 ,515 Total Project Funding - City Share 763 052 By signing the Preconstruction Funding Agreement (Agreement No. 2019-4-006), the City is committing to funding the City's cost share portion and allocating the additional funding needed as part of the FY20 adopted budget. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Preconstruction Funding Agreement (Agreement No. 2019-4-006) for the new Landfill Access Frontage Road. I also recommend that the City Council agrees to allocating the additional funding needed as part of the FY20 adopted budget. ACTION TO BE TAKEN I respectfully request that the City Council adopt the attached resolution and authorize the Mayor to sign the lowa Department of Transportation Preconstruction Funding Agreement (Agreement No. 2019-4-006) for the new Landfill Access Frontage Road to be constructed by the lowa DOT as part of the US20 / Swiss Valley Interchange Project. Attach. Prepared by Robert Schiesl, Assistant City Engineer cc: Jim Schnoebelen, Ken Yanna, lowa DOT District 6 Jenny Larson, Budget Director F:\PROJECTS\SOUTHWEST ARTERIAL\LANDFILL ACCESS ROAD\Funding Agreement 3 RESOLUTION NO. 327-18 RESOLUTION APPROVING THE PRECONSTRUCTION FUNDING AGREEMENT (AGREEMENT NO. 2019-4-006) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE LANDFILL ACCESS FRONTAGE ROAD TO BE CONSTRUCTED AS PART OF THE US20 / SWISS VALLEY INTERCHANGE PROJECT. Whereas, the Iowa Department of Transportation (Iowa DOT) is developing a project to reconstruct US Highway 20, beginning at Cottingham Road and ending at Seippel Road, and constructing a new system interchange at the intersection of US Highway 20 and Swiss Valley Road; and Whereas, part of the US Highway 20 safety improvements will require Priority 1 access control be implemented along the corridor between the Old Highway intersection and the new Swiss Valley interchange, requiring all existing at -grade access locations be eliminated; and Whereas, the existing landfill access to US20 will be removed and a new Landfill Access Frontage Road will be constructed which will connect directly to Seippel Road, near the Southwest Arterial interchange; and Whereas, the Iowa DOT is the lead agency for the development and construction of the project and the Landfill Access Frontage Road; and Whereas, once completed, the Landfill Access Frontage Road will become the jurisdiction of the City as a local public street; and Whereas, in accordance with the provisions of Iowa Administrative Code, and per the terms and conditions of the Preconstruction Agreement, the City will be responsible to pay the cost differential from 24 to 37 -feet road width with curb and gutter (additional 13 -feet width), plus any additional infrastructure costs related to storm sewer, future street lighting, future fiber conduit, and future water main extensions; and Whereas, the projected City funded cost share for the Landfill Access Frontage Road project is summarized as follows: ; and Bid Award Roadway Pavement (additional 13 -feet width) $ 542,337.77 Storm Sewer 201,514.75 Bridge Conduit 19,200.00 Total Project Cost - City Share $ 763,052.52 ; and Whereas, by signing the Preconstruction Funding Agreement (Agreement No. 2019- 4-006), the City is committing to funding the City's cost share portion and to allocate funding as part of the FY2019 and FY2020 adopted budget. NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS FOLLOWS: SECTION 1. That said Preconstruction Funding Agreement (Agreement No. 2019-4- 006) between the City of Dubuque and the Iowa Department of Transportation is hereby approved. SECTION 2. That the Mayor is hereby authorized and directed to execute the Preconstruction Funding Agreement (Agreement No. 2019-4-006) for the new Landfill Access Frontage Road to be constructed by the Iowa DOT as part of the US20 / Swiss Valley Interchange Project. Passed, approved and adopted the 5th day of November 2018 Attest: Kevi` S. Firnst6h1, CMC City Clerk F:\PROJECTS\SOUTHWEST ARTERIAL\LANDFILL ACCESS ROAD\Funding Agreement Roy D. Buol, Mayor Q3IOWADOT__WWWiowadot. ov SMARTER I SIMPLER I CUSTOMER DRIVEN g District 6 Office 1 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 November 27, 2018 The Honorable Roy D. Buol Mayor - City of Dubuque City Hall - 50 West 13th St. Dubuque, IA 52001 REF: NHSN-020-9(251)--3H-31 (Paving) NHSN-020-9(239)--3H-31 (Bridge) City of Dubuque Dubuque County Agreement 2019-4-006 Staff Action No. S-2019-0318 SUBJECT: Agreement 2019-4-006 Fully Executed (PCC pave with new PPCB bridge on the landfill access road in Dubuque all in conjunction with US 20 improvements) Dear Mayor Buol: Attached is your original of the fully executed Agreement 2019-4-006 between the city of Dubuque and the Iowa Department of Transportation for the above referenced project. The project involves: PCC pave with new PPCB bridge on the landfill access road in Dubuque all in conjunction with US 20 improvements. Thank you for your cooperation in the processing of this agreement. Sincerely, 9. 4 kaaa, James. R. Schnoebelen, P. E. District 6 Engineer JRS/hmb Enclosure: Agreement 2019-4-006 July 2014 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County City Project No. Iowa DOT Agreement No. Staff Action No. Dubuque Dubuque NHSX-020-9(251)-3H-31 (Paving) NHSX-020-9(239)-3H-31 (Bridge) 2019-4-006 S-2019-0318 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the city of Dubuque, 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. 20 within Dubuque 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: Grade and Portland Cement Concrete (PCC) pave with new Pre -Tensioned Pre -Stressed Concrete Beam (PPCB) bridge on the landfill access road in Dubuque all in conjunction with U.S. 20 improvements. b. As part of the project, the LPA has requested an additional 6.5 feet of roadway width on both sides of the landfill access road that includes an additional 13 -foot wide subgrade treatment (Macadam Stone) and full -width granular subbase (pavement width plus 3 -foot each side for a paving track pad as highlighted in green on Exhibit C); storm sewer for the landfill access road; and conduit on the landfill access road over Catfish Creek within the city all at no cost to the DOT. (See Exhibit A for location and Exhibit B for costs). c. In accordance with 761 Iowa Administrative Code Chapter 150.3(1)d, the LPA will reimburse the DOT for its share of the actual cost for longitudinal and outlet storm sewer as shown on Exhibit B. d. All storm sewers constructed by the DOT as part of the project will become the property of the LPA, which will be responsible for their maintenance and operations. The LPA will prevent use of such storm sewers as a sanitary sewer. e. Upon completion of construction, the LPA agrees to accept ownership and jurisdiction of the following referenced improvements. The LPA shall also assume responsibility for all future maintenance operations associated therewith, all at no additional expense or obligation to the DOT: 2019-4-006 Dubuque 1 July 2014 i. The landfill access road will be constructed a length of approximately 5,431.13 feet on the west side of U.S 20 north to connect with Seippel Road. A 37 -foot (variable to 51 -foot) wide PCC roadway with a 145 -foot x 37 -foot PPCB bridge will be constructed. ii. Storm sewer improvements for the landfill access road from Seippel Road south approximately 5,342 feet. 2. Project Costs a. The LPA shall reimburse the DOT for its share of the project costs estimated at $763,052.52 ($743,852.52 on the Grading project; $19,200 on the Bridge project), as shown in Exhibit B. The amount paid by the LPA upon completion of construction and proper billing by the DOT will be determined by the actual quantities in place and the accepted bid at the contract letting. b. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement. 3. Traffic Control a. U.S. 20 through -traffic will 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) will remove or cause to be removed (within the corporate limits) all encroachments or obstructions in the existing 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 project. 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 primary highway 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 2019-4-006_Dubuque 2 July 2014 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. 5. Construction & Maintenance a. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to alteration of the grade lines of the new facilities constructed under the project in accordance with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a result of the project. b. 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. c. 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. 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 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. 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. 2019-4-006_Dubuque 3 July 2014 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2019-4-006 as of the date shown opposite its signature below. CITY OF DUBUQUE: By: L.,, Title: Mayor 1 Kevin S. Firnstahl Lc, Roy D. Buol Date November 5 2p18 , 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 at _la day of November , 2018 . Signed: diii/�/�/�i City Jerk of Dubu • ue, Iowa IOWA DEPARTMENT OF TRANSPORTATION: By: Ycvr orrruki tZ James R. Schnoebelen District Engineer District 6 Date 1 , 20U( ( . 2019-4-006_Dubuque 4 EXHIBIT A 250 500 SCALE IN FEET LEGEND I I PROPOSED PAVEMENT Mg PROPOSED BRIDGE =3 PROPOSED SOUTHWEST ARTERIAL X ROAD CLOSURES PROPERTY LINES L�rEnPMAN tl PL 1 NOT FINAL - SUBJECT TO CHANGE 1 1 I WADOT US 20 Swiss Valley Full Build Update Date July 2016 Preliminary Design Dubuque County, Iowa Figure 2 2019-4-006_Dubuque Estimated Costs for City of Dubuque N H SX -020-9 (251)--3 H -31 PCC Pavement - Grade & New EXHIBIT B Bid Item Unit Quantity Unit Price Cost Granular Subbase SY 26505.2 $ 7.80 $ 206,740.56 Macadam Stone Base TON 4514.0 $ 16.50 $ 74,481.00 Standard or Slip From PCC Payment, CL C, CL3 Durabiltiy, 9 IN. SY 7716.2 $ 33.84 $ 261,116.21 Aprons, Concrete 15" Each 17 $ 950.00 $ 16,150.00 Aprons, Metal, 15" Each 3 $ 400.00 $ 1,200.00 Manhole, Storm Sewer, SW -401, 48 IN Each 1 $ 4,000.00 $ 4,000.00 Intake, SW -507 Each 18 $ 3,000.00 $ 54,000.00 Intake, SW -509 Each 12 $ 3,800.00 $ 45,600.00 Intake, SW -511 Each 1 $ 4,000.00 $ 4,000.00 Storm Sewer Gravity Main, Trenched, 15", Trenched LF 1245 $ 53.75 $ 66,918.75 Storm Sewer Gravity Main, Trenched, 15", HDPE LF 182 $ 53.00 $ 9,646.00 Sub Total N H SX -020-9 (239)--3 H-31 Bridge New - PPCB 743,852.52 Estimated at four runs at 150 feet each 2019-4-006_Dubuque Sub Total Total 19,200.00 $ 763,052.52 Item Unit Quantity Unit Price Cost 2 inch conduit LF 600.00 $ 32.00 $ 19,200.00 Estimated at four runs at 150 feet each 2019-4-006_Dubuque Sub Total Total 19,200.00 $ 763,052.52 4111. 1.5% —s = 6.5 feet 3' .4- WL = 12 feet WR = 12 feet PROFILE GRADE) 2% ----•- P = 6.5 feet Earth Shoulder Construction 1 EXHIBIT C 1.5% •--Earth Shoulder 1 Construction 6" GRANULAR SUBBASE 12" Macadam Stone Base Subdrain (9" P.C. CONCRETE PAVEMENT �2Join: j 2019-4-006_Dubuque SLbdrain L-2 Joint. �, � ��11/�1 DOT �� www.iowadot.gov s :,�;a� � Fui ���,t=�� r, in.��T�r�n� an�ivFh ,� - _ Distric[60ffice � Highway Division 5455 Kirkwood BIvd.SW,Cedar Rapids, IA 52404 Phone: (319)364-0235 � Faz(319) 364-9614 � Email:jim.schnoe6elen@iowadot.us September 25, 2018 REF: NHSN-020A(251)-3H-31 (Paving) NHSN-020-9(239)--3H-31 (Bridge) City of Dubuque Dubuque CounTy Agreement 2019-4-006 Staff Action No. The Honorable Roy D. Buol Mayor - City of Dubuque City Hall - 50 West 13°i St. Dubuque, IA 52001 SUBJECT: Agreement 2019-4-006 FINAL (PCC pave with new PPCB bridge on the landfill access road in Dubuque all in conjunction with US 20 improvements) Dear Mayor Buol: Attached are two (2) copies of an agreement between the city of Dubuque and the lowa Department of Transportation for the above referenced project The project imolves: PCC pave with new PPCB bridge on the landfill access road in Dubuque aIl in conjunction with US 20 improvements. Please secure the �ecessary approvals and signatures of the appropriate city of Dubuque officials and rewm both signed copies of the agreement ro this o�ce for further pmcessing. An original of the fully executed agreement will be forwarded to the city of Dubuque after final signature by our department. If you have any questions concerning this agreement, please contact me at the above listed phonenumber. Sincerely, 9�.., �,�11�.. James. R. Schnoebelen, P. E. District 6 Engineer , � _. i� � iasmmb - �� � m N � J Hnclosures (2) Agreement 2019-4006 � �,i ��� < � � m _ J �-- \J :l � JWY p14 IOWA DEPARTMENT OF TRANSPORTATION Preconstruction Agreement For Primary Road Project County Dubuque CKy Dubuque PfojeCl No. NHSX-020-9(251)-3H-31 (Pahng) NHSX-020-9(239)-3H31 (Bndqe) lowa DOT Agreement No. 2019-4-006 Staff Action No. This Agreement, is enteretl into by and Dehveen the lowa �epaAment of TranspoAation, hereinafter tlesignated ihe "DOT", antl ihe city of Dubuque, lowa, a Loral Public Agency, hereafter tlesignated fhe "LPA" in accordance wdh lowa Code Chapters 28E, 306, 306A and 313.4 as applicable; The DOT proposes to establish or make improvemenis to U.S. 20 wilhin Dubuque County, lowa; antl The DOT and the LPA are willing to jointly participate in said project, in the manner �ereinafter provitletl; and This Agreement reFlects the curtent concepi of this project which is subject to motlifcation by mutual agreement between the LPA antl the DOT; antl Therefore, it is agreetl as follows: 1. Prqect IMortnation a. The DOT will design, let, antl inspect construction of the followin9 tlescribetl prqect in accortlance wdh t�e project plans antl DOT stantlartl specifications: Gratle and Portlantl Cement Concrete(PCC) pave wdh new Pre-Tensioned Pre-Stressetl Concrete Beam (PPCB) bridge on the landfll access road in Dubuque all in conjunction wdh LLS. 20 impmvements. b. As pad of the project,ihe LPA has requesfe0 an atltldional6S feet of roadway width on both sides of the lantlfll access road that includes an additional 13-fooi wide subgrade treatment (Macadam Stone) antl full-witlin granular subbase (pavement width plus 3-foot each side for a paving track pad as highlighted in green on 6chibit C);stortn sewer for the lantlfll access road; and contlud on the landfill aCCess road over Ca�sh Creek wHhin the Cdy all al no cost to ihe DOT. (See Exhibil A tor location antl Exhibit B for costs). c. In accordance wdh 761 lowa Atlministrative Cotle Chapter 150.3(1)Q the LPA will reimburse the DOT for iis share of the acluai cost for Iongitudinai and outlet storm sewer as shown on Exhibit B. tl. All stortn sewers constructetl by the DOT as part of the projecl will become the property of ihe LPA, which will be responsible for their maintenance antl operations.The LPA will prevent use of such storm Sewers as a 5andary sewer. e. Upon completion of construction,the LPA agrees to accept ownership and jurisdiction of the following referenced improvemenis. The LPA shall also assume responsibility for all future maintenance operations associated therewith, all at no atldAional expense or obligation to the DOT: 2019-4�Dubuque 1 July 2014 i. The landfill access road will be consirudetl a length of approximately 5,437.13 feet on the west side of LLS 20 north to connec[with Seippel Road. A 37-foot(variable to 5bfoot)wide PCC roatlway with a 145-foot x 37-foot PPCB bridge will be construded. ii. Sform sewer improvements for the landfll access road from Seippel Road south approximately 5,342feet. 2. Project Costs a. The LPA shall reimburse the DOT for its share of the project costs estimated at$763,052.52 ($743,852.52 on the Grading projed; $19,200 on the Bridge projec[), as shown in F�chibit B. The amount paitl by the LPA upon completion of construclion and proper billinq by the DOT will be determined by the actual quantdies in place and the accepted bid at ihe contract letting. b. The DOT will bear all cosis except ihose allocated to the LPA under other tertns of this Agreement. 3. Traffic Contml a. U.S. 20 through-traffic will be mainiainetl during the construction. 4. RigM W Way antl Pertni[s a. Subject to ihe provisions hereof,the LPA in accortlance wHh 761 lowa Atlministretive Cotle Chapter 150.3(1)c antl 150A(2)will remove or cause to be removed (within the coryorate limds) all encroachments or obstmctions in the existing right of way.The LPA will also prevent the erection antl/or placement of any stmcture or obstruction on saltl nghf of way or any adddional right of way which is acquiretl for this projecl inclutling but not limitetl to private signs, builtlings, pumps, and parking areas. b. The DOT will be responsible for lhe coortlination of utility facilily atljustments for the project. c. The LPA agrees to relocate all city-ownetl utilities necessary for construclion which are locatetl wNhin the existing street or alley right of way,subject to the approval of and without expense to the DOT antl in accordance wdh 761 lowa Atlministrative Cotle Chapter 150.4(5) antl the DOT Utildy Accommotlation Policy. d. Wrth the exception of service connecfions no new or future utility occupancy of primary highway right of way, nor any future relocations of or atterations to existing utilities wilhin said right of way will be permitted or undertaken by the LPA without lhe prior written approval of the DOT.All work will be pertormed in accordance wRh the UtilRy Accommodafion Policy and other applicable requirements of the DOT. e. The LPA shall be responsible for provitling, without cosf to the DOT, any right of way for the project which involves dedicated streets or alleys, and any other LPA-owned lands which are requiretl for the project, subject to the conddion that the DOT shall reimburse ihe LPA for the value of LPA-ownetl improvements situatetl on such other LPA-owned lands.The LPA has apprisetl itseif of the value of these lands, antl as a podion of�heir paAicipation in the project, voluntarily agrees to make such lands availabie without turiher compensation. The DOT shall be responsible for acquisdion of all other right of way. f. In connec[ion wilh ihis prqed any real estate and righis fo real estate necessary for nght of way a� the connedion of any public road and a primary highway project, any access road or frontage road, or any pertnanent utility easements which are or which will be untler the juristliction of the LPA may be 20144006_Dubuque 2 July 2J14 acquired by the DOT,for and in the name of the LPA. Where acquired by coMrac[the LPA will receive title from the contrect seller antl the LPA will accepf tiile lhereto. Where acquired by condemnation, a single joint condemnation proceetling will be instdutetl by the DOT to acquire real estate or nghts in real estate needed by the LPA for Ihe LPA and to acquire real estate or rights in real estate neetled by l�e DOT for ihe DOT. 5. Conshuction& Mairrtenance a. The LPA, in cooperation with ihe DOT,will take whatever steps may be required with resped to aHeration of the gratle lines of the new facildies constructed under the project in accordance wi�h lowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to properties that may occur as a resutt of the projed. b. Upon completion of the project, no changes in the physical features thereof will be untlertaken or permifted wilhout the prior wrdten approval of the DOT. c. Fulure maintenance ot fhe primary highway wdhin Ihe prqecl area will be carried out in accortlance wdh the ferms antl cond'Rions contained in 761 lowa Adminisirative Code Chapter 150. 6. General Provisions a. If the LPA has completetl a Flootl Insurance SWtly(FIS)for an area which is affectetl by the proposed Primary Highway projecl and the FIS is modifietl, amentletl or revisetl in an area affectetl by the project after the date of this Agreement, the LPA shall promptly provitle notice of the modifcation, amendment or revision to the DOT. If the LPA tloes not have a detailed Flood Insurance Stutly(FIS)for an area whlch is aftecletl by the proposetl Primary Highway project and the LPA tloes atlopt an FIS in an area affectetl by the project after the tlate o/this Agreement, ihe LPA shall prompfly proviae notice of the FIS to the DOT. b. The LPA will comply with all provisions of the equal employment opportunily requirements prohibiting tliscrimination and requiring affirtnative aaion to assure equal employment opportunity as required by lowa Code Chapter 216. No person will, on the 9rountls of age, race, creetl, color, sex, sexual orientation, qender identity, national origin, religion, pregnancy, or tlisabildy, be excluded from participation in, be denied the benefRs of, or be otherwise subjecteA to discrimination under any program or activRy for which State funtls are used. c. It is the intent of boih (alq parties that no thirtl party beneficianes be created by this Agreement. tl. If any secfion, provision, or part of this Agreement shall be found to be imalid or unconstitutional, such finding shall not affect the valitlrty of the Agreement as a whole or any section, provision, or part thereof nof found to be invalid or unconstdutional, excepf to the eMent that fhe onginal intent of the Agreement cannot be fulfilled. e. This Agreement may be executed in (two) counterparts, each of which so executed will be tleemetl to be an original. f. This Agreemeni, as well as the unaffecfetl provisions of any previous agreement(s), addendum(s), antl/or amentlment(s); represents the entire Agreement between ihe LPA and DOT regarding this prqect. All previousty executed agreements will remain in effect except as amentled hereia Any subsequent change or motlification to ihe terms of this Agreement will be in the form of a duly executed amentlment to Ihis document. 20134-006_Dubuque 3 July 2014 IN WITNESS WHEREOF, each of the parties hereto has executetl Agreement No. 2019-4-008 as of the tlate shown opposde its signature below. CITY OF DUBUQUE: By: Date ,20_ Title: Mayor I, , certify ihat I am ihe Clerk of the City, and that , who signetl saitl Agreement for and on behalf of the CKy was tluly aut�orizeA to execute the same on the_tlay of , 20_ Signetl: Cily Clerk of Dubuque, lowa IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 20_ James R. Schnoebelen District Engineer Disinct 6 2019-4-OD6_pubuque 4 EXHIBIT A � �l"7��� � _ 1 ��a � v..V,t. 'a \ � j� � � � ♦�� , .. ' _� ' 'u �� . ��. ;' n� • � { ��" � � . 1�.:, � ' , ': .� . , : ' :� :_}..�K • , ti .'.Y� . /� � ..N'�.�r �-- �� J i �� �.� �f.Y� �, t� /� �. . F � � � � �q � (0�'i /' \\ _ rF." .. _ , ,1� .�.` �1 � . s R � ,� 1"-,i[ �/ � + 1 /.. ` . ;�r :�;�' V.. . . , h'}`!. �,. �i " - � A' .��•.•' � i '� v �. , :� y 'f . .i . � _ ".J.L�. � . -�- \ � t.'�. .4-t`L` �...' r i .� . i ... , � . -.` ;A,. .a soo � � • `\ �" . . . . ._ .�'1��'• . . � ' � �f q ' �� � _. Y� DO o 2, 5� , . � l' • f F) / � � 1 ���2 j` . . . . �aF'" - �. �' , . / �\ ��.. ,a.--� scn�e �N FeEr li t �,. �.� � � �4 ! � ' ��' �t�� � � '� : ai.e . �`�',/` // i T� _ -.: ; �� , , y - t Y a -.fr�+ � _ s' �, ,� `���� �a �� .� �,�- , '4. ' ; / 'r' � ,.�. 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' _ ' _ . . _ ' 2 0 1 _ , ,;y'T.-, �:�,7� �- ii e' »�:y�„ i���r 1�, ..���.�Rw�s�1lRa�yl�,a�,� . `' "�`aR'��jr� N . _ . . _ . •. ��"s.V� . ._ . . , �� _:.r Q ' � _ ` _ ' �' '7^ ' _— ' � �i ' �[�.�r�. �� � ��� � ' �, .F .` r �� A� � •[" 3 � �� i .� . � �n. . s� �e,� '�� , S � .�:'.k' `.., .`�k �' ' `I . �1 , : � � _ � � - ,-..- �� �`� �i _ . , . . . � �, : , * -, ,u. —i �s .r O , . , . � -_ . - . ...y. , . _ I`° ' . , � ;�S � .� � �. . {. • } � �_ f`. ` IDI �p'{. �� N� AY .Y a. � � K � .a � . ) ' �4 r � .t A _ �� •J . ��. . I�-��fi t� �t. 'v �t a �— ` j � ,�113,.. � � IG � j-: / y�l i• . � . �N:� . , � 'i 9. � Aw� i . � ,i , . � /(� i . ;�cA'� � .. �. �P 1S ya (j� '� ♦� � . � ,1 'C^'... I � M' . . . !�I' ` ` ''� '`�iy � ;� ',�. y J .,,s � ` �� � � �B i � � r , _ = arrington Driver. y, ^+e �Q � ..a r — �> - _ �� - � .. Y ... . . �r}•� l� . �� . � �. . � . ' " ' .• • �a .' . . i . . .,. . + �, . � , __ �;:� �. �...� _ - - —, i ,, ,t ', � ' '� , � LEGEND efi " �-'� " .,+ .v � a y�� :�,: �:. � �'��> �*` � � �� . ... �'� ' L� PROPOSED PAVEMENT .. �`~" �`S� ��� �� r i . � ���� � �^' . . � 0 PROPOSEDBRIDGE ."' A - �� � `ti �. _,� �� � , 'c "1 A'. . � ' \ r I� PROPOSEDSOUTHWESTARTERIAL � i ' � � � � � ROAD CLOSURES I � 'w p a.� . ~ � � y �,� 1 ''j �7 �� ' 't^' pn�f��� �3�r, � ' "1� p.� - PROPERTY LINES � ./ ^ - // ` �. a �� +' '�. r � "k ,.� �"�. r id S(� � �3 v. . ;w, . � � }t . '+� , ' +�jf.. \t4 � � e R.' e . . .. '� .. 'F9 �i. '„� ' _ ? .. � e :♦ ' �' .�. � '}�.�`-' g A i �1 .j � �'� .'�.� �F .- y,� �. : ,� fr y, ����s �� � _ . ._, ' � �.,Y, � , . �.a�.��� , �r . � Date � y . *a; ' � \ ��� s `9► � s � ii \ lAS 20 Swiss Valley a�i zo�s i r �, �p Full �uild U da4e Y . � � ,t�n'� �q -�� �q ' �` a",, � i� S c�?'e ' r;` K ? ��v��'��-�J�J���LI�� p � h ua5� E�ic�,�a��i �J �` P��I� t . � : i.,�� . 1,�. Figure PJf37 6�IidPaL-�U�J�C7'd0 C}lAP]GE -. ._ � - "� '. � J ^� ?� �1.; � y ':� �. Pfeli1911nary De51g11 z ' _ - �;... -.�'"s'j aS-. `. ,�'�, . 1� . r. _�: �. . „�� Dubuque County,lowa I 2019-4-006_Dubuque � Estimated Costs for City of Dubuque EXHIBIT B N H 5 X-020-9(251)-3 H 31 PCC Pavement-Grade& New Bid Item Unit Quantity Unit Price Cost Granular Subbase SY 26505.2 $ 7.80 $ 206,740.56 Macadam Stone Base TON 4514.0 $ 16.50 $ 74,481.00 Standard or Slip From PCC Pavment, CL C,CL3 Durabiltiy, 9 IN. SY 7716.2 $ 33.84 $ 261,116.21 Aprons, Concrete 15" Each 17 $ 950.00 $ 16,150.00 Aprons, Metal, 15" Each 3 $ 400.00 $ 1,200.00 Manhole, Storm Sewer, SW-401,48 IN Each 1 $ 4,000.00 $ 4,000.00 Intake,SW-507 Each 18 $ 3,000.00 $ 54,000.00 Intake,SW-509 Each 12 $ 3,800.00 $ 45,600.00 Intake,SW-511 Each 1 $ 4,000.00 $ 4,000.00 Storm Sewer Gravity Main,Trenched, 15",Trenched LF 1245 $ 53.75 $ 66,918.75 Storm Sewer Gravity Main,Trenched, 15", HDPE LF 182 $ 53.00 $ 9,646.00 Sub Total $ 743,852.52 N HSX-020-9(239)-3 H31 Bridge New-PPCB Item Unit Quantity Unit Price Cost 2 inch conduit LF 600.00 $ 32.00 $ 19,200.00 Estimated at four runs at 150 feet each Sub Total $ 19,200.00 Total $ 763,052.52 2019-4-006_Dubuque EXHIBIT C P - 6.5 feet WL = 12 feet � WR = 12 feet P - 6.5 feet �' '�!L �' "1.5�'/u -� �' P�QFIL� CR�C�� �� �-- �.��'�s, - 'y'�! .�—�`�,f�, ���o—'�'�,� ��� - �'� �a�th �h�uld��-# � T �-���th �houlder �on�.tr��tic�r� � - _ _ - ;� ��n�tr��ii�r� � �,��"�'fl �°'1'0�--,-►� - � .. - � � � �" ��A��ll..1�A1� �4��E�A�� t� ��ii ����C��� ��{��1� ���� ��b�rair� �'" �.�. ���1�R��E �A1l�I��I�NT ���dr�ir� � �-� ��Ir�� L-� .��Int � 2019-4-006_Dubuque