IDOT Precon. Agree. NW Art.CITY OF DUBUQUE, IOWA
MEMORANDUM
July 11, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Proposed Extension of Iowa 32 (Northwest Arterial)
Iowa Department of Transportation District Engineer Dick Kautz has provided the
attached July 5, 2001 letter in response to questions raised about the IDOT request for
a transfer of jurisdiction on a portion of the Northwest Arterial to the City of Dubuque
Michael C. Van Milligen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Iowa Department of Transportation
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150
Cedar Rapids, IA 52406-:~150
July 5, 2001 Ref:
Michael VanMilligan
City Manager
50 West 13th Street
Dubuque, IA 52001-4845
STP-32-1(1,2)--2C-31
Dubuque County
City of Dubuque
Addendum 99-4-095A
SUBJECT: Proposed Extension of Iowa 32 (Northwest Arterial)
Dew Mike:
This letter is in response to two (2) issues raised at the July 2, 2001 City Council meeting concerning
Addendum 99-4-095A to Preconstruction Agreement No. 99-4-095 between the City of Dubuque and
the Iowa Department of Transportation for the above referenced project. One issue involves the type
of pavement to be constructed on the extension of Iowa 32 (Northwest Arterial) between JFK Road
and U.S. 52. The other issue was a request for documentation relating to the transfer of the entire
length of the Northwest Arterial to the City of Dubuque, Dubuque County, and the City of Sageville.
The pavement type for the remaining section of the Northwest Arterial, which is currently being
graded, will be Portland cement concrete pavement. I believe this is the preferred type of pavement
as expressed by several City Council members at the last council meeting.
I have attached copies of correspondence relating to the issue of transferring the Northwest Arterial to
the local governmental agencies. I am furnishing copies of 1) a Commission Order from the
September 12, 2000 Commission meeting where this issue was discussed with a Dubuque delegation;
2) a follow-up newspaper article to that Commission meeting from the Dubuque Telegraph Herald; 3)
an August 29, 2000 letter from Mayor Terry Duggan, Chair of the DMATS Policy Board.
Please share this information with the Mayor and City Council prior to the next City Council
meeting. As I understand, the City Council will consider action on the addendum at the next City
Council meeting scheduled for July 16, 2001.
If you have any questions, please contact me at the above address or call me at 319-364-0235.
Very truly yours,
Richard E. Kautz, P.E.
District Engineer
REK/jh
Attachment
cc: Tom Cackler-Director, Highway Division, Iowa DOT, Ames, IA 50010
Department of Transportation
COMMISSION ORDER
Division/Bureau/Office Highwa¥ Division
Submitted by Tom Cackl er
Iowa 32 - Dubuque Delegat,i. on
TITLE:.
Phone NO. 515-239-1124
Order No. -H~
Meeting Date September 12, 2000
DISCUSSION/BACKGROUND:
A delegation from Dubuque will discuss the future of the Northwest Arterial (Iowa 32).
PROPOSAL/ACTION RECOMMENDA'~ON:
For discussion only.
COMMISSION ACTION:
Moved by
Seconded by
Boden
Kokenge
Langston
Vote
Aye Nay Pass
H-2001-32
Tom Cackler, Director, Highway Division, said as part of the discussion for the
Southwest Arterial in Dubuque, the Commission asked staff to look at a transfer of
jurisdiction of iowa 32 to the three affected local jurisdictions. Staff has been visiting
with DMATS (Dubuque Metro Area Transportation Study) and believe we have reached
an agreement. Mr. Cackler said Mayor Terry Duggan, Dubuque, would like to discuss
the terms of the transfer and their'commitment for funding the Southwest Arterial.
Mayor Duggan introduced Steve Williams, ECIA (East Central Intergovernmental
Association). He expressed appreciation for the Commission's commitment to the
northwest and southwest arterials. It has been a long process. He also expressed
appreciation to Mr. Cackler and Dick Kautz, District 6 Engineer, who have worked with
them through many issues.
Mayor Duggan said they would like to see the Northwest Arterial from JFK Road to
U.S. 52 completed. Then they would enter into a transfer of jurisdiction agreement of
the Northwest Arterial after completion of the Northwest Arterial and programming the
Southwest Arterial. They want to see it carried forward. Also, they could use their STP
money and work with the engineers and designers of U.S. 20 and Iowa 32 to have
connectivity with the Northwest Arterial. :
Mayor Duggan said they have pledged 15 percent of their money toward the Southwest
Arterial. They feet the Northwest and Southwest arterials should connect at Oodge
Street (U.S. 20).
Chairman Wiedemeier said the Commission has heard concerns that the Commission
made a change in the project. This Commission, in May, 1999, had many concerns
about the impacts to the quarry, local businesses, cemetery, and splitting of farms so
the project was taken off the table. In July, 1999, the Commission went to Dubuque,
reviewed the project, and decided this was not what we wanted to do. Staff was
directed to look at an alternative that takes the road farther out and brings it into
Seippel Road. Chairman Wiedemeier said this Commission stands on its own and is
trying to look out in the future.
Commissioner Dunn said much time and effort has gone into this, and initially there
were misunderstandings between the DOT and city. There is a perception that the
mayor has pushed us to move farther west and to do the transfer of jurisdiction on the
Northwest Arterial. She said the mayor has never contacted her to push this agenda.
He has supported our efforts but has never directed us.
H-2001-32
Page 2
Commissioner Dunn said this Commission was never given documentation before
being asked to vote. She said we are back on track, and she hopes the people of
Dubuque know the Commission is working hard to alleviate traffic on U.S. 20 and to
have direct access to U.S. 61/U.S. 151.
Commissioner Aller said in May, 1999, the Commission felt what was proposed was a
mistake. The Commission agreed to make improvements and are trying to find a route.
In regard to the issue of the 15 percent and spending it where you want to spend it,
Commissioner Aller said he did not know that he disagreed but would like to see the
engineering to determine how it will fit into the road we will construct. He said he is
concerned about how these issues get so convoluted. The movement of the road
farther out was by this Commission.
Commissioner Kokenge said when the project was presented, the Commission was
concerned about the number of impacts for a short distance of highway and we wanted
to take a look at it which started the delays.
Mayor Duggan said there is still a long way to go and other issues that have not been
addressed. He said he hopes the partnership will continue.
Commissioner Kokenge said staff has been directed to expedite this project if at all
possible.
This item for discussion only.
Dubuque's proposal':2 roads are better than 1
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Wednesday, September 13, 2000
Dubuque's proposal:2 roads are better than 1
Southwest Arterial:State commlasion appears open to the idea of 2 links
rnnning south of U.S. 20
Iowa
Illinois
Wisconsin
Business
Features
Sports
Opinion
Obituaries
For the
Record
By JEFFREY PIETERS
AMES, Iowa - Dubuque, which has long straggled to get aa arterial-style link
n]nning south fi'om U.S. 20, now might stand to get two.
On Tuesday, Dubuque Mayor Terry Duggan pitched an idea to the Iowa
Transportation Commission that would allow construction of two highway
alignments: a westerly alignment that commissioners apparently favor and the
first proposed alignment that a majority of~ local leaders still support.
The idea, conceived in talks between local transportation officials and state
transportation department staffers, is this: '
* The state would proceed with a one-year study that could lead to building
the limited-access, 4.5-mile Southwest Arterial bypass from U.S. 20, near
Seippul Road, to U.S. 61/151 south of the city.
TH Archives
Classifieds-
Now
RealW-Now
* Meanwhile, the local transportation planning group, the Dubuque
Metropolitan Area Transportation Study or DMATS would withhold its
contribution to the project, or about $7 million, and use the money instead to
extend the Northwest Arterial south from U.S.. 20 1.5 miles to the Southwest
"It's what DMATS wanted to do - save the connection with the Northwest
Arterial," Duggaa said.
"I can't imagine we can get anything better than this. We still accomplLqh the
same thing and we get the two liulmps," he said.
There is a familiar ring to the idea.
In aa earlier proposal, the Northwest and Southwest arterials were to connect
directly, with a short leg to be built later from the Southwest Arterial to
Seippel Road.
In the currem idea, the two roads are reversed.
http://www.thouline.com/News/09132000/front/8886.htm 9/18/00
Dubuque's proposaq:2 roads are better than 1 :~*Page 2 of 3
The extended Northwest Arterial is envisioned as a continuation of the
current road - four lanes and somewhat limited access.
It would pass underneath U.S. 20 and connect to the Southwest Arterial by an
interchange. It would be built at the same time as state-sponsored roadwork
on U.S. 20.
Transportation commissioners indicated general, but non-committal, favor for
the proposal.
"I don't know that I have any disagreements," said Commissioner Tom Allers,
of Cedar Rapids. "I'd just like to see the engineering of it all (firs0 and see
how it's going to work."
Commissioners told Duggan they are committed to finishing the
northernmost leg of the Northwest Arterial and still support building the
Southwest Arterial.
"I think we're back on track," said commissioner Catherine Duon, of
Dubuque.
Dubuque City Council member Dan Nicholson, who has opposed efforts to
shit~ the Southwest Arterial's planned route, said the Northwest Arterial
extension seems to be an acceptable plan..
And he called the Transportation Commission's reaffirmation of its
commitment to projects in Dubuque "the most encouraging news I've heard
about the Southwest Arterial for a long time."
Dubuque County Supervisor Jim Waller said he has "an open mind" about the
new idea.
"Ansahing to get the road is worth looking at," he said. "We need it. We need
relief off (LT. S.) 20."
Supervisor Donna Smith, though, said it's premature for local officials to give
up on their preferred ali~mment.
"We have not changed our position as a community," she said. "That's the
position I think we need to keep."
The state hasn't provided any data showing why an alignment farther west is
superior to the alignment selected by local leaders after years of study, Smith
said.
"It's important" that the Northwest and Southwest arterials connect directly,
and are kept as state highways, mtber than returned to local control, she said.
'~l dn nnt ~llqh th~ Jetta nflnqln* a qtat~ hi{;h~av and nnnverfin* it tn ~ ei~v
http://www.thonline.comfNews/09132000/front/8886.htm 9/18/00
Dubuque's propbsai:2 roads are better than 1 Page 3 of 3
street," she said.
Commissioners discussed the transfer of jurisdiction briefly Tuesday,
indicating general support for an agreement Duggan proposed on behalf of
the DMATS Policy Board: that Dubuque, Dubuque County and Sageville will
take over the Northwest Arterial once the state has finished building it, and
once the commission approves a route for the Southwest Arterial.
The commission could approve a Southwest Arterial route as soon as
December 2001, with the Northwest Arterial to open in 2002.
~ Copyright 2000 Telegraph Herald
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EAST CENTRAL INTERGOVERNMENTAL ASSOCIATION
DUBUQUE METROPOLITAN AREA TRANSPORTATION STUDY
EASTERN IOWA REGIONAL HOUSING AUTHORITY
JOB TRAINING PROGRAMS (JTPA) (PJ) (WTW)
ECL& REGIONAL PLANNING AFFILIATION
E.C.I.A. BUSINESS GROWTH, INC.
August 29, 2000
Richard Kautz, District Engineer
Iowa Depmtment of Transportation District//6
P.O. Box 3150
Cedar Rapids, Iowa 52406-3150
Dear Dick
I am writing in response to the most recent information regarding the completion of Iowa 32 as was
conveyed to the DMATS Policy Board at their meeting on August 17, 2000. The DMATS Policy Board
held a long and spirited debate following Mr. Kranse's presentation. Several issues were addressed
regarding the Memomdum of Understanding of 1993 between the Iowa Department of Transportation,
DM&TS, the City of Dubuque and Dubuque County. The DMATS Policy Board is disappointed that at
this point, immediately prior to bid letting, that the Iowa DOT would demand that the terms of the 1993
agreement be modified. SpecificaL~, we are very concerned that Iowa DOT has stated k will not
complete the £mal section of Iowa 32 unless the three local governments take back jurisdiction of the
entire Iowa 32. The DM&TS Policy Board feels that th/s is unreasonable and does not live up to the
sp'n-it of or the actual intent of the 1993 Memorandum of Understanding.
The City of Dubuque, Dubuque County and DM&TS have lived up to their respective ends of this
agreement and expect the Department of Transportation to live up to their end as well. We feel that it is
only fair to all parties involved not to be making lla hour changes and that the project should stay on
course. We have all waited long enough and request that you proceed.
We are also aware that the DOT Commission wishes to eliminate Iowa 32 from the Iowa DOT Primary
Road system. Although we fundamentally disagree, we feel that we could commit to a Transfer of
Jurisdiction of Iowa 32 - Northwest Arterial at a later date. We know that the IDOT Conmaission, on
many occ~ions, has expressed their wiqlingness to build the Iowa 32 - Southwest Arterial. They realize
that this area has a critical need and have staff working to complete the necessary studies for that project.
We are willing to partner with IDOT and offer a compromise. The DMATS Policy Board would like to
offer that we would be willing to enter into a Tnnsfer of Jurisdiction on Iowa 32 - Northwest Arterial
when the Environmental Assessment for IA 32 - Southwest Arterial is completed and a full ftmding
commitment has been made to that project by Iowa DOT. We believe that this would be an equitable
solution for all the parties involved_
If you have any questions, please do not hesitate to call. Thank you for your time and efforts.
Sincerely,
DMATS Policy Board
Suite 330, Nesler Centre * P.O. Box 1140 · Dubuque. IA 52004-1140 * {319}556-4166 o Fax {319)556-0348
E-Mail: ecia@mwci.net
Prepared by: Michael A. Koch, Public Works Director
Address: 50 W. 13th Street, Dubuque, IA 52001-4864
RESOLUTION NO. 329-01
RESOLUTION APPROVING PRECONSTRUCTION AGREEMENT NUMBER
99-4-095A WITH THE IOWA DEPARTMENT OF TRANSPORTATION
RELATING TO THE CONSTRUCTION OF IOWA 32 FROM JOHN F.
KENNEDY TO US 52
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 16th of July, 2001.
Attest:
Terrance M. Duggan, Mayor
Jeanne F. Schneider, City Clerk
Iowa Department of Transportation
District 6 Office
430 Sixteenth Avenue SW
P.O. Box 3150, Cedar Rapids, IA 52406-3150
319-364-0235
FAX: 319-364-9614
April30,2001
Ret: STP-32-1(1,2)--2C-31
Dubuque County
City ofDubuque
Addendum99-4-095A
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: Proposed Extension of Iowa 32 (Northwest Arterial)
Dear Mike:
Attached are two (2) copies of an addendum to Preconstruction 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 currem concept o£the project and to add special
proxdsions.
Please secure the necessary approvals and signatures of the appropriate city officials and remm 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
P. Er/jh
Attachment
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. 99-4-095A
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 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, TI-[EREFORE, 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 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-I-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 within CITY jurisdiction into the CITY street
system (ownership). The CITY also agrees to accept responsibility for all future
maintenance 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, ail 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
commitment of rand'rog for conslruction 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
o
o
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 remain
in full force and effect except as revised herein.
If any section, provision, or part 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 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 will be in the form
of a duly executed amendment to this document.
4
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 ,2000.
Title: Mayor
was duly authorized to execute the same on the
Signed
City Clerk of Dubuque, Iowa.
day of
, certify that I am the Clerk of the CITY, and that _
who signed said Agreemem for and on behalf of the CITY
,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. 99-4-095A
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 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:
1. 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
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
future alignment of the Southwest Arterial, it is now- clear that hhe Southwest and Northwest
Arterials will not be contiguous. Therefore, it appears that the Northwest Arterial will not
carry a primary r~)ad 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
maintenance 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 furore 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
commitment 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 remain
in full force and effect except as revised herein.
If any section, provision, or part 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 intent of all parties that no third party beneficiaries be created by this Addendum.
Tiffs 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.
4
1N WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 994-095A 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 of 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.
CITY 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 Arterial 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 ~,~/~'~
I DOT 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, 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 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 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.
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