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Iowa Department of Transportation Supplemental AgreementsCity of Dubuque City Council Meeting Consent Items # 14. Copyrighted November 1, 2021 ITEM TITLE: Iowa Department of Transportation Supplemental Agreements SUMMARY: City Manager recommending approval of two Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, and Julien Dubuque Bridge Sidewalk Maintenance between the Iowa DOT and the City of Dubuque. SUGGESTED Suggested Disposition: Receive and File; Approve DISPOSITION: ATTACHMENTS: Description Iowa Department of Transportation Supplemental Agreements-MVM Memo Staff Memo Roadway Maintenance Agreement Sidewalk Snow Removal Map Type City Manager Memo Staff Memo Supporting Documentation Supporting Documentation Supporting Documentation THE CITY DUOF B TEE Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Iowa Department of Transportation Supplemental Agreements DATE: October 27, 2021 Dubuque All -America City IN 2007.2012.2013 2017*2019 City Engineer Gus Psihoyos recommends City Council approval of two Iowa Department of Transportation Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, and Julien Dubuque Bridge Sidewalk Maintenance between the Iowa DOT and the City of Dubuque. Every five years a "master agreement" is prepared by the Iowa DOT and distributed to all Iowa municipalities that have State primary highways within its corporate limits. Acceptance of this master agreement is necessary to coordinate the maintenance of the State roadways located within the municipality jurisdictions. The City has executed the Five -Year Maintenance Agreement for Maintenance and Repair of Primary Roads in Municipalities between the Iowa DOT and the City on August 17, 2021 for the time period of July 1, 2021 to June 30, 2026. The Supplemental Agreements are required for specific areas that are not included in the Five -Year Maintenance Agreement. Public Works Director John Klostermann and Assistant City Engineer Robert Schiesl have reviewed and approved the Supplemental Agreements. I concur with the recommendation and respectfully request Mayor and City Council approval. v Mic ael C. Van Milligen MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF Ui B VE Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: Iowa Department of Transportation Supplemental Agreements DATE: October 27, 2021 INTRODUCTION Dubuque Allaerica C14 'vM1Th�V.IT'L li'.NJ_F. �I< 2007-2012.2013 2017*2019 The purpose of this memorandum is to request approval of two (2) Iowa Department of Transportation (Iowa DOT) Supplemental Agreements for Local Primary Highway Maintenance, Pavement Markings, and Julien Dubuque Bridge Sidewalk Maintenance (collectively referred to as Supplemental Agreements) between the Iowa DOT and the City of Dubuque (City). BACKGROUND Every five years a "master agreement" is prepared by the Iowa DOT and distributed to all Iowa municipalities that have State primary highways within its corporate limits. Acceptance of this master agreement is necessary to coordinate the maintenance of the State roadways located within the municipality jurisdictions. The City has executed the Five -Year Maintenance Agreement for Maintenance and Repair of Primary Roads in Municipalities between the Iowa DOT and the City on August 17, 2021 for the time period of July 1, 2021 to June 30, 2026. The Supplemental Agreements are required for specific areas that are not included in the Five -Year Maintenance Agreement. Public Works Director John Klostermann and Assistant City Engineer Robert Schiesl have reviewed and approved the Supplemental Agreements. DISCUSSION The Supplemental Agreements between the Iowa DOT and the City are as follows: Local Primary Highway Maintenance This agreement concerns various primary road extensions within the corporate city limits, a combined distance of 9.54 miles, during the period of July 1, 2021 through June 30, 2022. • Locust Street (IA 946) from Charter St to Locust Street. 0 Locust Street Connector (IA 946) from Locust St to US 61. Julien Dubuque Bridge This agreement concerns the removal of snow and ice from the portion of the sidewalk on the Julien Dubuque Bridge that is within Illinois during the period of July 1, 2021 through June 30, 2022. • The City of Dubuque will hire a contractor to remove snow and ice from the portion of sidewalk on the Julien Dubuque Bridge that is within Illinois. • Snow and ice removal will be in accordance with the City's standards for snow and ice removal on the Iowa portion of sidewalk on the Julien Dubuque Bridge. ACTION TO BE TAKEN I recommend that the City Manager be authorized to execute the Supplemental Agreements for Local Primary Highway Maintenance, and Julien Dubuque Bridge Sidewalk Maintenance between the Iowa DOT and the City. Prepared by Robert Schiesl, Assistant City Engineer cc: John Klostermann, Public Works Director Form 810035wd 4-01 Iowa Department of Transportation \� SUPPLEMENTAL AGREEMENT For Maintenance of Primary Roads in Municipalities This Supplemental Agreement made and entered into by and between the Municipality of City of Dubuque Dubuque County, Iowa, hereinafter referred to as the Municipality, and the Iowa Department of Transportation, Ames, Iowa, hereinafter referred to as the Department. AGREEMENT: This Agreement supplements the Agreement for Maintenance and Repair of Primary Roads in Municipalities entered into by the parties on August 19 , 2021 , and in effect from July 1, 2016 , to June 30, 2021 The Municipality agrees to perform and accept all responsibility for those maintenance activities listed in Sections 1.B.1, I.B.3, 1.B.4 and I.C.1 of the basic Agreement, with respect to the primary roads within the corporate limits of the Municipality specifically described in this section. In consideration thereof, the Department agrees to pay the Municipality at the rate of $2,625.00 / lane mile for acceptable work at the end of the fiscal year ending on June 301n: Route From To Lane Miles Total Cost Locust St. (IA 946) Charter St. US 61 (N. of Hwy 20) 2.80 $7,350.00 Total $7,350.00 Pavement maintenance does not include full depth patching and bituminous resurfacing. I.C.1 does not include traffic services and painting and structural repair to bridges. III. The Municipality further agrees to perform additional maintenance for the Department on primary roads as specifically described below: Any special maintenance will be covered by a supplemental contract. In consideration thereof, the Department agrees to pay the Municipality the following amounts after the work has been completed: N/A IV. This Supplemental Agreement may be terminated at any time by either party upon 30 days written notice. V. This Supplemental Agreement shall be in effect from July 1, 2021 to June 30, 2022 unless re -negotiated or terminated. IN WITNESS WHEREOF, the parties hereto have set their hands, for the purposes herein expressed on the dates indicated below. 'Aj'� '- A(I,-. --' k�NIIPALI-fY IOWA DEPARTMENT OF TRANSPORTATION By Michael Van Milligen, City Manager BY District Engineer Date November 1, 2021 Date Description of Routes for Supplemental Agreement with Dubuque Route From To Lane Miles (per atemile) Total Cost Comments Locust St. (IA 946) Charter Street Locust Street 2.20 $2,625.00 $5,775.00 2 way traffic. Both directions are primary road. Locust Street Connector (IA 946) Locust Street US 61 0.60 $2,625.00 $1,575.00 2 way traffic. Both directions are primary road. 2.80 $7,350.00 Dubuque Uus E Iowa Department of Transportation i Masterpiece Dn the Mississippi 100"o1i.2oi9 Supplemental Agreement for Maintenance of Primary Roads sw ^ v M !AF vfN$ 9 y ^" I r 3 11 Oil — Awl r �'- ?I 946 1 7F' r � n f al 20 _- 20 1t i Vc i \� 61 151 i 946' ��• ..e, A. h. ,� , E ' a . v Legend , Iowa DOT Road Network F � Dubuq,u�"Office of.GIS, City of Dubuque!IA� ffic Dcscl ftIli This information was <om pled sing the Dubuque area 6eograpM1< inform "on systemIN AGIS), which Includes data created by both meaty of Map Prepared b y: Dubuque and Dubuque County. It undersnom Inge wore City of Dubuque me aty of Dubuqueand participating agencies utilized me enst<urrent and accurate information available, DaeIs and Engineering Division a suppliers do not warrantthe accuracy or<urency as me W E 50 West 13th Street information or data contained herein. The City and participating agencies shall notbe hem name for any area, inered, irKmental, Dubuque, Iowa 52001 consequential, pnThus A or special damages, whether foreseeable or unforeseeable, arising out of me outhorisd or unauthorized use of Phone: (563) 589-4270 this data or me inability, to use this data or but of any breach of S Fax: (563) 589-4205 warranty whatsoever Form 810056wd 08-12 iowa Department of Transportation CA. ROADWAY MAINTENANCE AGREEMENT AGENCY COUNTY CITY Dubuque BOARD This written agreement made and entered into by and between the (AGENCY (�'^�) (CITY) (BOARD) of Dubuque, Party of the First Part, and the Iowa Department of Transportation, Party of the Second Part. The parties hereby desire to enter into this roadway maintenance agreement concerning the following roadway: US 20 Julien Dubuque Bridge 1. ROUTINE MAINTENANCE A. Party of the First Part will perform the following routine maintenance: Routine maintenance not applicable with respect to this agreement B. Party of the First Part will perform the above described routine maintenance in compliance with the Iowa Department of Transportation's standard maintenance policies and procedures which include, but are not limited to, the Department's standards for maintenance activities and instructional memorandums. Particularly, Party of the First Part shall comply with: N/A C. Party of the Second Part will perform the following routine maintenance: Routine maintenance not applicable with respect to this agreement 2. SPECIAL MAINTENANCE A. Party of the First Part will perform the following special maintenance: The City of Dubuque will hire a contractor to remove snow and ice from the portion of sidewalk on the Julien Dubuque Bridge that is within Illinois. (From the state line to the bridge end joint in Illinois is approximately 3,460 linear feet). B. Party of the First Part will perform the above described special maintenance in compliance with the Iowa Department of Transportation's standard maintenance policies and procedures which include, but are not limited to, the Department's standards for maintenance activities and instructional memorandums. Particularly, Party of the First Part shall comply with: Snow and ice removal to be in accordance with city standard's for snow and ice removal on the Iowa portion of sidewalk on the Julien Dubuque Bridge. C. Party of the Second Part will perform the following special maintenance: None 3. PAYMENT A. It is agreed that payment for the routine maintenance operations will be made after the work has been completed for the fiscal year ending June 30, and payment for maintenance operations will be made after the work has been completed. It is also understood and agreed that the right is reserved by both Parties to review, adjust, or terminate this Agreement at any time, provided however that written notice be given either Party at least thirty days prior to such review, adjustment, or termination. B. Payment for routine maintenance at the rate of $ XX per lane mile per year. Total lane miles XX at $ XX per lane mile = $ XXXX C. Payment for special maintenance shall be made as follows: Reimbursement to be based on actual cost of completed work with supporting documentation provided by the City of Dubuque. The overall cost for snow removal from bridge endibridge end would be split: 60% IDOT/40% City of Dubuque. 4. AGREEMENT TIME PERIOD Beginning Date: July 1, 2021 Ending Date: June 30, 2022 5. Party of the First Part agrees to indemnify and save harmless the Party of the Second Part, the State of Iowa, and its agents or employees from any and all causes of action, suits, at law or in equity, for losses, damages, claims or demands, and from any and all liability and expense of whatsoever nature (including reasonable attorney fees), arising out of or in connection with the execution, performance, or attempted performance of this Agreement and work provided herein. 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. Party of the First Part will follow all federal and state laws and regulations with regard to worker safety and the handling and disposal of hazardous waste and/or substances in performing any maintenance task. 8. Any subsequent change or modification to the terms of this Agreement shall be in the form of a duly executed addendum or amendment to this Agreement. RECOMMENDED FOR APPROVAL: ( ) (CITY) (D) BY Michael Van Milligen TITLE City Manager IOWA DEPARTMENT OF TRANSPORTATION IM District Engineer November 1, 2021 (DATE) (DATE) Dubuque Uus E Iowa Department of Transportation i Masterpiece Dn the Mississippi 100"o1i.2oi9 Supplemental Agreement for Maintenance of Primary Roads sw ^ v M !AF vfN$ 9 y ^" I r 3 11 Oil — Awl r �'- ?I 946 1 7F' r � n f al 20 _- 20 1t i Vc i \� 61 151 i 946' ��• ..e, A. h. ,� , E ' a . v Legend , Iowa DOT Road Network F � Dubuq,u�"Office of.GIS, City of Dubuque!IA� ffic Dcscl ftIli This information was <om pled sing the Dubuque area 6eograpM1< inform "on systemIN AGIS), which Includes data created by both meaty of Map Prepared b y: Dubuque and Dubuque County. It undersnom Inge wore City of Dubuque me aty of Dubuqueand participating agencies utilized me enst<urrent and accurate information available, DaeIs and Engineering Division a suppliers do not warrantthe accuracy or<urency as me W E 50 West 13th Street information or data contained herein. The City and participating agencies shall notbe hem name for any area, inered, irKmental, Dubuque, Iowa 52001 consequential, pnThus A or special damages, whether foreseeable or unforeseeable, arising out of me outhorisd or unauthorized use of Phone: (563) 589-4270 this data or me inability, to use this data or but of any breach of S Fax: (563) 589-4205 warranty whatsoever