SW Arterial Environ. Assess AgrRESOLUTION NO. 13-01
RESOLUTION APPROVING FIRST AMENDMENT TO AN AGREEMENT
BETWEEN THE CITY OF DUBUQUE, IOWA, AND THE IOWA DEPARTMENT
OF TRANSPORTATION FOR JOINT AND COOPERATIVE ACTION TO
STUDY THE SOUTHWEST ARTERIAL AROUND THE CITY OF DUBUQUE
Whereas, the Iowa Department of Transportation has been performing an update
of the environmental study on the proposed corridor of the Southwest Arterial approved
by FHWA dated March 25, 1987; and,
Whereas, a prior project agreement with the Iowa Department of Transportation
was previously approved on May 6, 1996; and,
Whereas, the Iowa Department of Transportation has proposed a first
amendment to the agreement for the allocation of Phase II funding for the project; and,
Whereas, the City Council of the City of Dubuque approves the terms and
conditions of said first amendment.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That the Iowa Department of Transportation's first amendment to the
cooperative prime agreement dated May 6, 1996, with the Iowa Department of
Transportation and the City for the allocation of $503,674 in additional funding for Phase
II of the environmental assessment be approved.
Section 2. That the City Council approves of the terms and conditions of said
first amendment.
Section 3. That the Mayor is hereby authorized and directed to execute four
copies of the first amendment and forward the executed copies to the Iowa Department
of Transportation.
Passed, approved and adopted this 15th day of January, 2001.
/s/ Terrance M. Duggan, Mayor
Attest:
/s/ Jeanne F. Schneider, City Clerk
Iowa Department of Transportation
P.O. Box 2646, Davenport, IA 52809 319-391-2167
Fax: 319-388-9266
E-mail: Frederick. Dean~dot. state.iams
January 9 2001
Ref. No. S.W. Arterial
STP-32-1(10)---2C-31
STP-U-2100(12)~70-31
Michael A. Koch
Public Works Director
Engineering Division
50 West 13t~ Street
Dubuque, IA 52001-4864
Dear Mike:
Please find enclosed four original copies of a first amendment to the Southwest Arterial Study
Agreemem (What I referred to as the Master Agreemem) between the city and this department.
As I noted during our meeting of January 8, 2001, the funding level for this project had changed,
but the agreement was not subsequently amended to provide for a higher limit. So at this time the
agreement only permits this department to reimburse the city for a maximum of $500,000 in
project costs.
To correct the oversight, I prepared an amendment, which increased the maximum funding limit
to $679,419. This amount corresponds to the funding amount approved for the consultant
contract with WHKS and Co. per execution of Supplemental Agreement No. 1, dated August 14,
1997. Recall, you reviewed the draft amendment I shared with you at our January 8, 2001
meeting. Subsequently you asked me to provide a final version of the amendment for approval by
the City Council.
Upon execution by the city, please provide all four copies to me. Once executed by this
department I will return two copies to you for the city's project records.
In the meantime, if you have any questions in regard to this matter, please advise.
Fred Dean
District Planner
Enclosure
FWD: fwd
Cc: Richard Kautz, District Engineer, Cedar Rapids
Tamara Nieholson, Office of Design/Corridor Development, Ames
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 9, 2001
TO:
FROM:
SUBJECT:
The Honorable Mayor and City Council Members
Michael C. Van Milligen, City Manager
Southwest Arterial Environmental Assessment
Public Works Director Mike Koch is recommending approval of the attached amendment to the
previously-executed agreement with the Iowa Department of Transportation dated May 6, 1996
regarding the Southwest Arterial Environmental Assessment.
I concur with the recommendation and respectfully request Mayor and City Council approval.
M~c ael C Van M~lhgen
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
January 9, 2001
TO:
FROM:
SUBJECT:
Michael C. Van Milligen, City Manager
Michael A. Koch, Public Works Director /~X~
Southwest Arterial Environmental Assessment
INTRODUCTION
Enclosed is an amendment to a previously-executed agreement with the Iowa
Department of Transportation dated May 6, 1996 regarding the Southwest
Arterial Environmental Assessment.
DISCUSSION
The first agreement was essentially an intergovernmental agreement setting
forth the procedures for the City of Dubuque to be the lead agency on the
project, even though the Southwest Arterial is proposed to be a state highway
route. All administration of the project was the responsibility of the City,
including all fees, records, and payments to the consultant. Upon payment by
the City, funds from the Dubuque Metropolitan Area Transportation Study
(DMATS) were used to reimburse the City for 80 percent (80%) of the
payments, with the 20 percent (20%) match being funded by the Iowa
Department of Transportation {IDOT).
Phase I of the agreement, that part executed on May 6, 1996, provided for an
anticipated cost of 8175,745. The project was split into two phases to allow a
portion of the project to begin early because of the onset of winter months
where archeological and soils work would be impossible.
Phase II of the agreement was then supposed to be executed for the remaining
parts of the environmental assessment. Somehow, no one remembered to
execute a Phase II agreement. Partial payments were made as usual to the
consultant; however the agreement was never approved for any budgetary
amount in excess of the 8175,745 in the original agreement. A first
amendment to the agreement for Phase II of the study was estimated at
$503,674. The total budget for the environmental study, therefore, is as
follows:
Phase I
Phase II
$175,745.00
$503,674.00
Total $679,419,00
BUDGET IMPACT
The purpose of this proposed amendment at this time is to provide IDOT the
necessary appropriation authority to reimburse the City for Phase II of the study.
Any amount over 9500,000 was to be funded 50 percent (50%) by DMATS
STP funds and 50 percent (50%) by state primary road funds.
The total budget for the project, upon execution of this amendment, is not to
exceed 9679,419.00.
The City and IDOT should have executed this amendment at the time the Phase
II work was authorized; however, neither agency remembered to amend the
May 6, 1996 agreement when the time came for the additional work on the
study. Therefore, this agreement is retroactive back to October 17, 1996.
RECOMMENDATION
I would recommend approval of the enclosed amendment between the City of
Dubuque and the Iowa Department of Transportation for a joint and cooperative
updating of the environmental assessment to give further consideration of
alternate routes for the Southwest Arterial around the City of Dubuque, beyond
the route previously approved by the Federal Highway Administration (FHWA)
on March 25, 1987.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the
Mayor to execute four copies of the first amendment relating to funding the
appropriations for the update of the environmental assessment on the
Southwest Arterial.
MAK/vjd
FIRST AMENDMENT TO
AN AGREEMENT BETWEEN THE CTI'Y OF DUBUQUE AND
THE IOWA DEPARTMENT OF TRANSPORTATION FOR
.]Ot'NT AND COOPERATt'VE ACTION TO STUDY
THE SOUTHWEST ARTERTAL AROUND THE CITY OF DUBUQUE
THIS FIRST AMENDMENT, made and entered into by and between the City of
Dubuque, Towa, hereinafter called the CI-FY, and the ]iowa Department of
Transportation, hereinafter called the DOT, have agreed to work together in joint
and cooperative action to produce a study of the location and an environmental
assessment pertaining to the proposed IA 32, Southwest Arterial route in
Dubuque County, Iowa.
Whereas, the parties agree the original amount of funding approved for the
study has been determined to be insufficient; and
Whereas, the parties agree additional funding is needed to finance the
consultant services to complete the study.
NOW THEREFORE, the parties agree to the following:
Backqround. The CITY, DOT and WHKS and Company of Mason City, Iowa,
hereinafter called the CONSULTANT, entered into an agreement referred to as
the PRIME AGREEMENT, to provide engineering services to prepare and deliver
an environmental study and assist with a Location Public Hearing for a proposed
route between U.S. 20 and U.S. 61/151 in Dubuque County, :Iowa. The work
necessary for the study was to be done in two phases. The PRIME AGREEMENT
contained a scope of services and budget for all anticipated work tasks but
provided compensation for only Phase 1 of the study.
A supplemental agreement (No. 1) to the PRIME AGREEMENT was subsequently
executed to provide for compensation for Phase 2 of the study. The total
approved budget was revised as follows:
Phase 1 $175,745
Phase 2 $503.674
Total $679,419
Concurrent with execution of Supplemental Agreement No. 1 to the PRIME
AGREEMENT should have been revisions made to Section IV. Fees, Records,
Payment to the agreement between the C1TY and DOT. The purpose of this
amendment is to make the necessary revisions to provide for additional funding
to complete the study.
Revision. The CITY and DOT agree to the following revision of the third
paragraph to the agreement section titled "Section IV. Fees, Records, Payment".
"Upon receipt, the Iowa Department of Transportation shall promptly reimburse
the City. Total expenditures for the study shall not exceed $679,419, the
Steering Committee, in negotiations with the consultant shall establish a
reasonable reserve and contingency fund not included in the base contract
between the City, DOT, and the consultant, but included in the $679,419
authorized ceiling. Retainage shall be considered as part of the base contract. A
subsequent amendment to the City/DOT/consultant contract, initiated by the
Steering Committee and approved by the City and I.D.O.T., shall be required
prior to obligating the reserve and contingency fund. The Iowa D.O.T. will utilize
DMATS Federal Surface Transportation (STP) funds for $400,000 (80%) of the
first $500,000 of expenditures incurred by the consultant, and state primal/road
funds for $100,000 (20%) of the first $500,000 of expenditures incurred by the
consultant. The remaining $179,419 in consultant contract expenditures will be
cost shared equally between the DMATS STP funds and state primal/road
funds."
Effective Date. The revision as agreed to by the CITY and DOT is retroactive
effective with the approval date of Supplement Agreement No. I to the PRIME
AGREEMENT, executed as of August 14, 1997.
IN WITNESS WHEREOF, the parties hereto have caused this amendment
instrument to be signed and sealed by their duly author'ged representative.
IOWA DEPARTMENT OF
TRANSPORTATION
Richard E. Kautz, P.E.
District Engineer
Date: 1-20-01
THE CITY OF DUBUQUE
By:/s/ Terrance M. Duggan, Mayor
Date: 1/15/01
Attest:
/s/ Jeanne F. Schneider, City Clerk