IDOT Precon. Agree NW Ext to 52CITY OF DUBUQUE, IOWA
MEMORANDUM
June 18, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
IDOT Preconstruction Agreement - Northwest Artedal Extension, John F.
Kennedy Road to US 52
Iowa Department of Transportation District Engineer Dick Kautz has submitted for City
Council consideration the attached Preconstruction Agreement for the Northwest
Arterial.
This agreement is based on the premise that, since IDOT's planned alignment for the
Southwest Arterial is not contiguous with the Northwest Arterial, IDOT does not view the
Northwest Arterial as carrying a primary road designation in future years.
The agreement provides for IDOT to build a four-lane divided facility currently as an
extension of Iowa 32, from John F. Kennedy Road to U.S. 52.
It then is the intent of IDOT to transfer jurisdiction of this roadway and the existing
Northwest Arterial from Highway 20 to John F. Kennedy Road to the City.
The transfer would occur only after the completion of the Southwest Arterial
environmental assessment and the commitment of funding for construction of the
Southwest Arterial and the completion of the Northwest Arterial Extension.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
TO:
FROM:
SUBJECT:
CITY OF DUBUQUE, IOWA
MEMORANDUM
June 18, 2001
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director
IDOT Preconstruction Agreement- Northwest Arterial Extension,
John F. Kennedy Road to US 52
INTRODUCTION
Enclosed is a proposed agreement between the City of Dubuque and the Iowa
Department of Transportation (IDOT) relating to the construction of Iowa 32 (Northwest
Arterial) from John F. Kennedy Road to US 52.
DISCUSSION
This agreement is based on the premise that, since IDOT's planned alignment for the
Southwest Arterial is not contiguous with the Northwest Arterial, I DOT does not view the
Northwest Arterial as carrying a primary road designation in future years.
The agreement provides for IDOT to build a four-lane divided facility currently as an
extension of Iowa 32, from John F. Kennedy Road to US 52. Following completion of
the roadway construction and other details to be worked out later, it is the intent of IDOT
to transfer jurisdiction of what is now Iowa 32, from US 20 to the easterly City limits to
the City of Dubuque.
The actual transfer agreement would be by a separate document outlining the actions
IDOT must complete prior to the transfer actually taking place. The transfer will occur
only after the completion of the Southwest Artedal environmental assessment and the
commitment of funding for the construction of the Southwest Arterial and the completion
of the Northwest Arterial extension by IDOT.
Future maintenance of that portion of the Northwest Arterial would then become the
responsibility of the City's Operations & Maintenance Department.
RECOMMENDATION
IDOT is requesting approval of the proposed agreement for the construction of the
extension of the Northwest Arterial to US 32.
ACTION TO BE TAKEN
If the agreement is acceptable to the Council, the City Council should adopt the
attached resolution authorizing the Mayor to execute two (2) copies of the
preconstruction agreement.
MAK:vjd
cc: Don Vogt, Operations & Maintenance
Michael Felderman, Engineering
Prepared by: Michael A. Koch, Public Works Director
Address: 50 W. 13~h Street, Dubuque, IA 52001-4864
RESOLUTION NO. ~1
RESOLUTION APPROVING PRECONSTRUCTION AGREEMENT NUMBER
99~-095A WITH THE IOWA DEPARTMENT OF TRANSPORTATION
RELATING TO THE CONSTRUCTION OF IOWA 32 FROM JOHN F.
KENNEDY TO US52
Whereas, the Iowa Department of Transportation (IDOT) is proposing to
construct Iowa 32 from John F. Kennedy Road to US 52; and
Whereas, IDOT has prepared a preconstruction agreement outlining the terms
under which the roadway would be extended; and
Whereas, the City Council of the City of Dubuque approves the terms and
conditions of said preconstruction agreement.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Iowa Department of Transportation Agreement 99-4-095A
consisting of the preconstruction agreement providing for IDOT's construction of US 32,
from John F. Kennedy Road to US 52.
Section 2. That a separate and more detailed agreement will be proposed for
transfer of jurisdiction of that portion of Iowa 32 from US 20 to the easterly City limits to
the City of Dubuque upon completion of the Southwest Arterial environmental
assessment and the commitment of funding for the construction of the Southwest
Arterial, and the completion of the Northwest Arterial extension by IDOT.
Section 3. That the Mayor be authorized and directed to execute two copies of
the preconstruction agreement.
Passed, approved and adopted this day of
,2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Iowa Department of Transportation
District 6 Office 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-96t 4
P.O. Box 3150, Cedar Rapids, IA 52406-3450
April 30, 2001
Ref:
STP-32-1(1,2)--2C-3 l
Dubuque Comity
City of Dubuque
Addendum 99-4-095A
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13TM Street
Dubuque, IA 52001-4845
SUBJECT: Proposed Extension of Iowa 32 (Northwest A~terial)
Dear Mike:
Attached are two (2) copies of an addendum to Preconstmction Agreement No. 99-4-095 between the
City of Dubuque and the Iowa Department of Transportation for the above referenced project. The
project involves construction of an extension to Iowa 32 (Northwest Arterial). The addendum
addresses the changes in the agreement to reflect the current concept of the project and to add special
prox4sions.
Please secure the necessary approvals and signatures of the appropriate city officials and return both
signed copies of the addendum to this office for further processing. An original of the fully executed
addendum will be forwarded to the city after final signature by our department.
If you have any questions concerning this addendum please contact me at the above listed phone
number.
Very, truly yours,
Richard E. Kautz, P.E.
District Engineer
W jh
A~achment
StaffAction No:
ADDENDUM TO
PRECONSTRUCTION AGREEMENT
No: 99-4-095
County Dubuque
City Dubuque
Project No. STP-32-1 (1.2)-2C-31
Iowa DOT
Addendum No. 99-4-095A
This Addendum, is emei:ed into by and between the Iowa Department of Transportation,
hereinafter designated the "DOT", the City of Dubuque, hereafter designated the "CITY" in
accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and
~06A.7,
WITNESSETH; that
WHEREAS, the DOT proposes to establish or improve an extension of the Northwest
Arterial as a controlled access facility within Dubuque County, Iowa; and
WHEREAS, the DOT and CITY are willing to jointly participate in said project, in the
manner hereinafter provided; and
WHEREAS, this Addendum reflects the current concept of this project which is subject to
modification by the DOT; and
NOW, THEREFORE, IT IS AGREED as follows:
I
The DOT will design, let and inspect construction of the following described project in
accordance with the project plans and DOT standard specifications:
A new extension of Iowa 32, also known as the Northwest Arterial. will be
constructed beginning at the junction of existing Iowa 32/J.F.Kennedy Road (J.F.K.
Road) and extending northeasterly to the CITY's north corporation line (see Exhibit
"A" attached). The new paved roadway will be a four-lane divided facility with a
raised median. Each pair of lanes will be approximately 7.2 meters in width with a
2
1.8-meter wide paved inside shoulder and a 3.0-meter wide granular outside shoulder.
Special Provisions
The CITY and DOT have previously entered into the following Agreements for the above
referenced project:
Agreement 98-1-178 for right of way acquisition was signed by the CITY and DOT
on March 1 & 8, 1999 respectively.
Agreement 99-4-095 for construction of the above referenced project was signed by
the CITY and DOT on July 5 and 17, 2000 respectively.
As a result in a change in policy by the Iowa Transportation Commission concerning the
furore alignment of the Southwest Arterial, it is now clear that the Southwest and Northwest
Arterials will not be contiguous. Therefore, it appears that the Northwest Arterial will not
carry a primary road designation in the future. The following terms and conditions shall
apply to the future status of the existing and proposed Northwest Arterial segments:
The DOT agrees to complete that portion of the Northwest Arterial which is
described in Section 1 herein on the condition that the CITY will accept that portion
of said roadway which is located with'm CITY jurisdiction into the CITY street
system (ownership). The CITY also agrees to accept responsibility for all future
ma'm~enance operations associated therewith, all at no future expense or obligation
to the DOT.
The CITY also agrees to accept tlmt portion of the existing Northwest Arterial from
U.S. 20 to J.F.K. Road into the CITY street system (ownership). The roadway will
beplacedin a stateofgoodrepair bythe DOTprior to said transfer being made. The
CITY shall also accept responsibility for all future maintenance operations associated
with this segment of the Northwest Arterial, all at no additional future expense or
obligation to the DOT.
Sections 3A & 3B above will be contingent on the following condition being met for
development of the Southwest Arterial from combined U.S. 61 / 151 northwesterly to
U.S. 20:
Transfer of the Northwest Arterial, as described, shall occur upon completion
of the Southwest Arterial environmental assessment (by the DOTI and the
commilanent of funding for construction of said Southwest Arterial by the
Iowa Transportation Commission or completion of the Northwest Arterial as
described in Section 1 herein (including paving and erosion control),
whichever is later.
o
3
Subsequent to execution of this Addendum, the DOT and CITY will enter into a
separate agreement for the jurisdictional transfer of the Northwest Arterial. The
terms of said transfer will be addressed in said agreemenT.
Miscellaneous Provisions
Previously executed Agreements 98-1-178 and 99-4-095 (see section 2 herein) will remmn
in full force and effect except as revised herein.
If any section, provision, or parr of this Addendum shall be found to be invalid or
unconstitutional, such judgment shall not affect the validity of the Addendum 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 Addendum cannot be fulfilled.
It is the intern of all parties that no third party beneficiaries be created by this Addendum.
This Addendum may be executed in two counterparts, each of which so executed will be
deemed to be an original.
Any subsequent change or modification to the terms of this Addendum will be in the form
of a duly executed amendment to this document.
1N WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 99-4-095A as of
the date shown opposite its signature below.
CITY OF DUBUQUE, IOWA
By: Date ,2000.
Title: Mayor
was duly authorized to execute the same on the
Signed
City Clerk of Dubuque, Iowa.
, certify that I am the Clerk o£the CITY, and that _
who signed said Agreement for and on behalf of the CITY
day of ~ 2000.
IOWA DEPARTMENT OF TRANSPORTATION:
By:. Date ,2000.
Richard E. Kautz
District Engineer
District 6.
Staff Action No:
ADDENDUM TO
PRECONSTRUCTION AGREEMENT
No: 99-4-095
County Dubuque
City Dubuque
Project No. STP-32-1 (1, 2)-2C-31
Iowa DOT
Addendum No. 994-095A
This Addendum, is entered into by and between the Iowa Department of Transportation,
hereinafter designated the "DOT',' the City of Dubuque, hereafter designated the "CITY" in
accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and
306A.7;
WITNESSETH; that
WHEREAS, the DOT proposes to establish or knprove an extension of the Northwest
Arterial as a controlled access facility within Dubuque County, Iowa; and
WHEREAS, the DOT and CITY are willing to jointly participate in said project, in the
manner hereinafter provided; and
WHEREAS, this Addendum reflects the current concept of this project which is subject to
modification by the DOT; and
NOW, THEREFORE, IT IS AGREED as follows:
The DOT will design, let and inspect construction of the following described project in
accordance with the project plans and DOT standard specifications:
A new extension of Iowa 32, also known as the Northwest Arterial, will be
constructed beginning at the junction of existing Iowa 32/J.F.Kennedy Road (J.F.K.
Road) and emending northeasterly to the CITY's north corporation line (see Exhibit
"A" attached). The new paved roadway will be a four-lane divided facility with a
rinsed median. Each pair of lanes will be approximately 7.2 meters in width with a
1.8-metcn' wide paved inside shoulder and a 3 .O-meter wide granular outside shoulder.
Special Provisions
The CITY and DOT have previously entered into the following Agreements for the above
referenced project:
Ao
Agreement 98-1-178 for right of way acquisition was signed by the CITY and DOT
on March 1 & 8, 1999 respectively.
Agreement 99-4-095 for construction of the above referenced project was signed by
the CITY and DOT on July 5 and 17, 2000 respectively.
As a result in a change in policy by the Iowa Transportation Commission concerning the
future alignment of the Southwest Arterial, it is now clear that the Southwest and Northwest
Arterials will not be contiguous. Therefore, it appears that the Northwest Arterial will not
carry a primary road designation in the future. The following terms and conditions shall
apply to the future status of the existing and proposed Northwest Arterial segments:
The DOT agrees to complete that portion of the Northwest Arterial which is
described in Section 1 herein on the condition that the CITY will accept that portion
of said roadway which is located within CITY jurisdiction into the CITY street
system (ownership). The CITY also agrees to accept responsibility for all future
mamtenance operations associated therewith, all at no future expense or obligation
to the DOT.
The CITY also agrees to accept that portion of the existing Northwest Arterial from
U.S. 20 to J.F.K. Road into the CITY street system (ownership). The roadway will
be placed in a state of good repair by the DOT prior to said transfer being made. The
CITY shall also accept responsibility for all future maintenance operations associated
with this segment of the Northwest Arterial. all at no additional future expense or
obligation to the DOT.
Sections 3A & 3B above will be contingent on the following condition being met for
development of the Southwest Arterial from combined U.S. 61/151 northwesterly to
U.S. 20:
Transfer of the Northwest Arterial, as described, shall occur upon completion
of the Southwest Arterial environmental assessment (by the DOT) and the
comn~[tment of lurid'rog for construction of said Southwest Arterial by the
Iowa Transportation Commission or completion of the Northwest Arterial as
described in Section 1 herein (including paving and erosion control),
whichever is later.
3
Subsequent to execution of this Addendum, the DOT and CITY will enter into a
separate agreement for the jurisdictional transfer of the Northwest Arterial. The
terms of said transfer will be addressed in said agreement.
Miscellaneous Provisions
Previously executed Agreements 98-1-178 and 99-4-095 [see section 2 herein) will rema'm
in full force and effect except as revised hcn'ein.
o
If any section, promsion, or part of this Addendum shall be found to be invalid or
unconstimtionai, such judgment shall not affect the validity of the Addendum 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 Addendum cannot be fulfilled.
6. It is the intent of all parties that no third party beneficiaries be created by this Addendum.
This Addendum may be executed in two counterparts, each of which so executed will be
deemed to be an original.
Any subsequent change or modification to the terms of this Addendum wilt be in the form
of a duly executed amendment to this document.
IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 99-4-095A as of
the date shown opposite its signature below.
CITY OF DUBUQUE, IOWA
By: Date o 2000.
Title: Mayor
was duly authorized to execute the same on the
Signed
City Clerk of Dubuque, Iowa.
, certify that I am the Clerk of the CITY, and that _
who signed said Agreement for and on behaifofthe CITY
day of ,2000.
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date ,2000.
Richard E. Kautz
District Engineer
District 6.