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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.