IDOT Cooperative Agreement_SW Arterial, Military Rd, Olde Davenport East Grading Project Copyrighted
June 5, 2017
City of Dubuque Consent Items # 30.
ITEM TITLE: Iowa Department of Transportation Cooperative Agreement
for the SW Arterial - Military Road to Olde Davenport Road
East Grading Project
SUMMARY: City Manager recommending approval for the Mayor to
execute the Iowa Department of Transportation
Cooperative Agreement for the Southwest Arterial-East
Grading Project from Military Road to Olde Davenport
Road.
RESOLUTION Approving the Cooperative Agreement
(Agreement No. 2017-16-146) between the City of
Dubuque and Iowa Department of Transportation for the
Southwest Arterial - East Grading Project from Military
Road to Olde Davenport Road
SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt
Resolution(s)
ATTACHMENTS:
Description Type
Southwest Arterial-East Grading Project from Military to City Manager Memo
Olde Davenport Road-MVM Memo
Staff Memo Staff Memo
Resolution Resolutions
Agreement Supporting Documentation
THE CITY OF Dubuque
fta B E I 11p y
Masterpiece 012 the Mississippi 2007.2012«2013
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: Southwest Arterial-East Grading Project from Military to Olde Davenport Rd
Iowa Department of Transportation-Cooperative Agreement
Iowa DOT Agreement No. 2017-16-146
Iowa DOT Project No. NHSX-032-1 (36)-3H-31
DATE: May 31, 2017
Assistant City Engineer Bob Schiesl recommends City Council approval for the Mayor to
execute the Iowa Department of Transportation Cooperative Agreement for the
Southwest Arterial-East Grading Project from Military Road to Olde Davenport Road.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
Mic ael C. Van Milligen
MCVM:jh
Attachment
cc: Crenna Brumwell, City Attorney
Teri Goodmann, Assistant City Manager
Robert Schiesl, Assistant City Engineer
Gus Psihoyos, City Engineer
THE CITY OF Dubuque
UBgkE 111111-America Cit'
I.
Masterpiece on the Mississippi 2°°,.2°12.2°13
TO: Michael C. Van Milligen, City Manager
Gus Psihoyos, City Engineer
FROM: Robert Schiesl, Assistant City Engineer
SUBJECT: Southwest Arterial - East Grading Project from Military to Olde Davenport Rd
Iowa Department of Transportation - Cooperative Agreement
Iowa DOT Agreement No. 2017-16-146
Iowa DOT Project No. NHSX-032-1 (36)--3H-31
DATE: May 31 , 2017
INTRODUCTION
The enclosed resolution authorizes the Mayor to execute the Iowa Department of
Transportation (Iowa DOT) Cooperative Agreement (Agreement No. 2017-16-146) for
the Southwest Arterial - East Grading Project from Military Rd to Olde Davenport Rd.
BACKGROUND
Through the continued collaborative partnership between the Iowa DOT staff and the
City, the Memorandum of Understanding (MOU), was signed on August 9, 2013, and
the Transfer of Roadway Jurisdiction (TOJ), was signed on November 7, 2016.
As outlined in the MOU and TOJ, the Iowa DOT and City, in joint cooperation, will
Transfer the Jurisdiction of the Southwest Arterial from the City to the State in exchange
for the Transfer of Jurisdiction of the Northwest Arterial (or Iowa 32), and portions of
existing U.S. 52 / Iowa 3 through downtown Dubuque, from the State to the City.
Additionally, the Iowa DOT proposed to re-routing of US 52 and utilization of the
Southwest Arterial to carry a portion of re-routed US 52 traffic. The Transfer of
Jurisdiction will occur after the Southwest Arterial is completed and open to traffic.
Following the execution of the MOU and TOJ, the City is continuing as the lead agency
for the multiple project development phases for completing the Southwest Arterial and is
responsible for completing the following improvement projects:
Project Description Status
Final Engineering Design Underway
Right-of-Way Property Acquisition Completed
BHE Gas Pipeline Utility Relocation Completed
BP Gas Pipeline Utility Relocation Summer 2017
North Cascade Road Reconstruction Completed
English Mill Road Reconstruction Underway
L.Military Road Reconstruction Summer 2017
As outlined in the MOU and TOJ, when the City completes all the project phases it is
responsible for, the Iowa DOT will then take over as lead agency and will be responsible
for all remaining costs associated with the construction and completion of the Southwest
Arterial, including grading, bridges, interchanges and highway paving.
The first phase of construction, the North Cascade Road project was substantially
completed November, 2013. The project provided for the reconstruction (grading,
paving & bridge) and realignment of North Cascade Road which will allow the
Southwest Arterial to travel under the new North Cascade Road Bridge.
The second construction phase, the English Mill Road reconstruction project, is
underway and will involve side road improvements that will allow the highway to travel
under the new English Mill Road Bridge.
The Military Road project and will be the third and final side-road reconstruction project
administered by the City as part of the Southwest Arterial project. The project is now
underway and will provide for the reconstruction (grading, bridge and paving) of Military
Road.
DISCUSSION
The City will be responsible for obtaining Right-of-Way, Access Connection/Entrance,
Utility Accommodation, and any other construction permits required for the project.
Also, the City will obtain permits and/or approval from Iowa Department of Cultural
Affairs, Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of
Engineers, or other State or Federal agency.
As outlined in the Cooperative Agreement, the City shall be responsible for preparing
construction documents and letting bids for the project through the Iowa DOT. The Iowa
DOT will be the contracting authority and will be responsible for construction and
inspection of the following described primary highway project:
Grading of a portion of the SW Arterial from just south of Military Road easterly to Olde
Davenport Road. The project provides for construction of wetlands east of Ramp D on
the U.S. 61/151 interchange and west of Olde Davenport Road.
The Iowa DOT will be responsible for grading the multi-use trail. The City shall accept
responsibility for the multi-use trail including paving, associated fencing and future
maintenance of the multi-use trail.
Upon completion of construction, the City will assume responsibility for all future
maintenance operations associated with the wetlands. The wetlands will remain the
property of the City.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the Cooperative Agreement (Agreement No. 2017-16-146) for the
Southwest Arterial - East Grading Project from Military Rd to Olde Davenport Rd.
ACTION TO BE TAKEN
I respectfully request that the City Council adopt the attached resolution and authorize
the Mayor to sign the Iowa Department of Transportation Cooperative Agreement
(Agreement No. 2017-16-146) for the Southwest Arterial - East Grading Project from
Military Rd to Olde Davenport Rd.
Prepared by: Robert Schiesl, Assistant City Engineer
cc: Jim Schnoebelen, Iowa DOT Ken Yanna, Kent Ellis, Iowa DOT
Jenny Larson, Budget Director Chandra Ravada, ECIA
Y:\PROJECTS\SOUTHWEST ARTERIAL\East Grading Project- Phase 1 (36)\Cooperative Agreement
RESOLUTION NO. 192-17
RESOLUTION APPROVING THE COOPERATIVE AGREEMENT (AGREEMENT NO.
2017-16-146) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF
TRANSPORTATION FOR THE SOUTHWEST ARTERIAL — EAST GRADING
PROJECT FROM MILITARY ROAD TO OLDE DAVENPORT ROAD
WHEREAS, the Dubuque City Council, the Dubuque County Board of
Supervisors, the Dubuque Metropolitan Area Transportation Study (DMATS), the
Dubuque Area Chamber of Commerce and the Greater Dubuque Development
Corporation have all identified the completion of the Southwest Arterial Project as the
No. 1 surface transportation priority in the Dubuque area; and
WHEREAS, the City of Dubuque (City) and Iowa Department of Transportation
(Iowa DOT) desire to- maintain and increase transportation infrastructure while
improving safety for the motorist within the City of Dubuque and Dubuque County and
acknowledge the mutual benefit to partner on the Southwest Arterial Project; and
WHEREAS, the City and the Iowa DOT executed a Memorandum of
Understanding (MOU) and a Transfer of Roadway Jurisdiction (TOJ) for the completion
of the Southwest Arterial project; and
WHEREAS, the Iowa DOT and City, in joint cooperation propose to Transfer the
Jurisdiction of the Southwest Arterial from the City to the Iowa DOT in exchange for the
Transfer of Jurisdiction of the Northwest Arterial (Iowa 32), and portions of existing U.S.
52/Iowa 3 from the Iowa 32/John Deere Road intersection to the intersection of U.S. 61
in downtown Dubuque, from the State to the City, after the Southwest Arterial is
completed and open to traffic; and
WHEREAS, the City shall be responsible for preparing construction documents
and letting bids for the East Grading project through the Iowa DOT; and
.NHEREAS, the Iowa DOT will be the contracting authority and will be
responsible for construction and inspection; and
WHEREAS, the East Grading project provide for the grading of a portion of the
SW Arterial from just south of Military Road easterly to Olde Davenport Road and the
construction of wetlands east of Ramp D on the U.S. 61/151 interchange and west of
Olde Davenport Road; and
WHEREAS, upon completion of construction, the City will assume responsibility
for all future maintenance operations associated with the wetlands. The wetlands will
remain the property of the City; and
WHEREAS, upon completion of construction, the City shall accept responsibility
for the multi -use trail including future paving, associated fencing and future maintenance
of the multi -use trail; and
NOW, THEREFORE, IT IS AGREED BY AND BETWEEN THE PARTIES AS
FOLLOWS:
SECTION 1. City of Dubuque and the Iowa Department of Transportation hereby
agree to partner on the Southwest Arterial Project.
SECTION 2. Whereas, the Iowa DOT and City, in joint cooperation propose to
construct the Southwest Arterial - East Grading project, Iowa DOT Project No. NHSX-
032-1 (36)--3H-31.
SECTION 3. Whereas, in accordance with the provisions of Iowa Administrative
Code, the wetlands will remain the property of the City and shall be responsible for all
costs associated with future maintenance operations associated with the wetlands.
SECTION 4. Whereas, in accordance with the provisions of Iowa Administrative
Code, the City is responsible for all costs associated with future paving, associated
fencing and future maintenance of the multi -use trail.
SECTION 5. The Mayor is hereby authorized to execute the Cooperative Agreement
(Agreement No. 2017-16-146), between the City of Dubuque and the Iowa Department
of Transportation for the Southwest Arterial - East Grading Project from Military Road to
Olde Davenport Road.
Passed, approved and adopted this 5th day of June, 2017.
1,v60
Roy D. Buol, Mayor
Attest:
Kevi(S. Firnstahl, City clerk
Y:\PROJECTS\SOUTHWEST ARTERIAL\East Grading Project - Phase 1 (36)\Cooperative Agreement
June 2, 2017
DOT
SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN
www.iowadot.gov
District 6 Office I Highway Division
5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404
Phone: (319) 364-0235 1 Fax (319) 364-9614 1 Email: jim.schnoebelen@iowadot.us
Attn: Kevin Firnstahl, Clerk of Court
Roy D. Buol, Mayor of Dubuque
City Hall - 50 West 13th St.
Dubuque, IA 52001
REF: NHSX-032-1(36)--3H-31
City of Dubuque
Dubuque County
Agreement 2017-16-146
Staff Action No. N/A
SUBJECT: Agreement 2017-16-146 REVISED FINAL (Grading of a portion of the SWA
(Iowa 32) from just south of Military Road easterly to Olde Davenport Road)
Dear Mayor Buol:
Attached are two (2) copies of a REVISED agreement between the city of Dubuque and the
Iowa Department of Transportation for the above referenced project. The project involves:
Grading of a portion of the SWA (Iowa 32) from just south of Military Road easterly to Olde
Davenport Road.
Please secure the necessary approvals and signatures of the appropriate city of Dubuque
officials and return both signed copies of the agreement to this office for further processing.
An original of the fully executed agreement will be forwarded to the city of Dubuque after
final signature by our department.
If you have any questions concerning this agreement, please contact me at the above listed
nhnne number,
Sincerely,
RiSocaa,
James. R. Schnoebelen, P. E.
District 6 Engineer
JRS/hmb
Enclosures (2) Agreement 2017-16-146
65
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^,IOWADOT
June 9, 2017
3✓`7e/ 4- 049i,
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District 6 Office 1 Highway Division
5455 Kirkwood Blvd. SW, Cedar Rapids, IA 52404
Phone: (319) 364-0235 1 Fax (319) 364-9614 I Email: jim.schnoebelen@iowadot.us
Attn: Kevin Firnstahl, Clerk of Court
Roy D. Buol, Mayor of Dubuque
City Hall - 50 West 13th St.
Dubuque, IA 52001
REF: NHSX-032-1(36)--3H-31
City of Dubuque
Dubuque County
Agreement 2017-16-146
Staff Action No. N/A
SUBJECT: Agreement 2017-16-146 FULLY EXECUTED (Grading of a portion of the SWA
(Iowa 32) from just south of Military Road easterly to Olde Davenport Road)
Dear Mayor Buol:
Attached is your original of the fully executed Agreement 2017-16-146 between the city of
Dubuque, Dubuque County the Iowa Department of Transportation for the above referenced
project. The project involves: Grading of a portion of the SWA (Iowa 32) from just south of
Military Road easterly to Olde Davenport Road.
Thank you for your cooperation in the processing of this agreement.
JRS/hmb
Enclosure: Agreement 2017-16-146
cc: Deanne Popp, Local Systems - Ames
Daryl Hart, Finance - Ames
Sincerely,
James. R. Schnoebelen, P. E.
District 6 Engineer
February 2015
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County
City
Project No.
Iowa DOT
Agreement No.
Staff Action No.
Dubuque
Dubuque
NHSX-032-1(36)--3H-31
2017-16-146
N/A
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT", and the city of Dubuque, Iowa, a Local Public Agency, hereafter designated the
"LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable;
The LPA proposes to establish or make improvements to Iowa 32 within Dubuque County, Iowa; and
The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided;
and
The DOT and the LPA previously entered into the following: Agreement 2009-1-020 for right of way
acquisition for the Southwest Arterial (SWA) was executed by the DOT and the LPA on February 4, 2009
and February 2, 2009 respectively; and Memorandum of Understanding (MOU) No. 2013-16-262 for
jurisdiction and development of the Iowa 32 SWA was executed by the DOT and LPA on August 9, 2013
and August 9, 2013 respectively; and
This Agreement reflects the current concept of this project which is subject to modification by mutual
agreement between the LPA and the DOT; and
Therefore, it is agreed as follows:
1.
Project Information
a. The DOT shall be the lead local governmental agency for carrying out the provisions of this
agreement with the LPA providing right-of-way and design functions.
b. All notices required under this agreement shall be made in writing to the DOT's and/or the LPA's
contact person. The DOT's contact person shall be the Assistant District Engineer, Kenneth Yanna.
The LPA's contact person shall be the City Engineer, or their designee.
c. The LPA shall be responsible for the development and letting and the DOT will be responsible for
construction and inspection of the following described primary highway project:
Grading of a portion of the SWA (Iowa 32) from just south of Military Road easterly to Olde
Davenport Road. The project provides for construction of wetlands east of Ramp D on the U.S.
61/151 interchange and west of Olde Davenport Road.
2017-16-146 Dubuque 1
February 2015
2. Project Location
a. The SWA is from Seippel Road to Olde Davenport Road. This agreement covers a portion of the
grading from a location just south of Military Road (approximate Station 315+00.00) to Olde
Davenport Road (approximate Station 380+48.56), as shown Exhibit A. During the grading project,
the required wetlands for the SWA project will be constructed east of Ramp D of the U.S. 61/151 and
SWA interchange and west Olde Davenport Road, as shown on Exhibit B.
b. Upon completion of construction, the LPA will assume responsibility for all future maintenance
operations associated with the wetlands. The wetlands will remain the property of the LPA. Access to
the wetlands will not be from the primary road system.
c. The DOT will be responsible for grading the multi -use trail. The LPA shall accept ownership of the
multi -use trail and responsibility for paving, associated fencing and future maintenance of the multi-
use trail.
3. Project Costs
a. The DOT will bear all costs except those allocated to the LPA under other terms of this Agreement.
4. Environmental, Right -of -Way, Permits and Other Requirements
a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Work
Within the Right -of -Way Permit, Access Connection/Entrance Permit, Utility Accommodation Permit,
Application for Approval of a Traffic Control Device, or other construction permits required for the
project prior to the start of construction. Neither the approval of funding nor the signing of this
Agreement shall be construed as approval of any required permit from the DOT.
b. The LPA shall obtain all project permits and / or approvals, when necessary, from the Iowa
Department of Cultural Affairs (State Historical Society of Iowa; State Historic Preservation Officer),
Iowa Department of Natural Resources, U.S. Coast Guard, U.S. Army Corps of Engineers, or other
State or Federal agencies as may be required.
c. If right-of-way is required for the project, the LPA shall acquire the necessary right-of-way in
accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and
Relocation Assistance. The LPA shall submit preliminary right-of-way plans to the DOT's Office of
Right-of-way for review and approval prior to the commencement of any acquisition.
d. Additionally, the portions right-of-way acquired for improvements to the Primary Road System shall
be acquired in the name of the State of Iowa. The LPA will properly close the sale of each parcel and
shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation
documents (for state right of way).
e. If there is a railroad crossing within or near the project work area, the LPA shall obtain the necessary
approvals or agreements from the railroad to allow the proposed work to be completed on or around
the railroad crossing and / or right-of-way.
f. If the project requires utility relocations, subject to the approval of and without expense to the DOT,
the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or
removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics
lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water
intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or
publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are
2017-16-146 Dubuque 2
February 2015
g.
located within the limits of an established street or alley and which will interfere with construction of
the project and the clear zone. All utility relocations shall be accomplished in accordance with the
DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115.
If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
h. The wetlands shall be designed and maintained in accordance with Regional Permit 7 CEMVR-OD-
PP-2015-154 "Filled Material Placed in Waters of the U.S. for Road Crossings in the State of Iowa".
The DOT will construct the wetlands in accordance with the construction plans designed by the LPA's
consultant.
5. Project Design
a. The LPA or its consultant shall be responsible for the design of all proposed improvements.
b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a
Professional Engineer licensed to practice in the State of Iowa.
c. All proposed highway or street improvements shall be designed using good engineering judgment
and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on
Geometric Design of Highways and Streets", (latest edition).
d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and
Highways", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa
Administrative Code, Chapter 130.
6. Bid Letting
a. The LPA shall submit the plans, specifications, estimate, and all other contract documents for review
by the DOT. The project may be submitted for letting in phases, in the order of preference as
determined by the LPA. All plan submittals shall be in accordance with the Major Project schedule, as
shown on the Instructional Memorandum to Local Public Agencies 3.005, Project Development
Submittal Dates and Information, published by the DOT's Office of Local Systems.
b. The project will be let by the DOT in accordance with its normal letting procedures. The DOT shall be
the contracting authority.
7. Construction & Maintenance
a. The DOT shall be responsible for the daily inspection of the project, including the compilation of a
daily log of materials, equipment, and labor used on the project.
2017-16-146 Dubuque 3
February 2015
b. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put into effect.
c. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to
alteration of the grade lines of the new highway facilities constructed under the project in accordance
with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to
properties that may occur as a result of the project.
d. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections
150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the
existing primary highway right of way. The LPA will also prevent the erection and/or placement of any
structure or obstruction on said right of way or any additional right of way which is acquired for this
project including but not limited to private signs, buildings, pumps, and parking areas.
e. With the exception of service connections no new or future utility occupancy of project right-of-way,
nor any future relocations of or alterations to existing utilities within said right-of-way (except service
connections), will be permitted or undertaken by the LPA without the prior written approval of the
DOT. All work will be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
f. New lighting and/or traffic signal construction for this project shall be provided under guidelines
established in 761 Iowa Administrative Code Chapter 150. The LPA shall construct traffic signal
installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and
responsibility for future energy and maintenance costs of those lighting and/or traffic signal units
which lie within the corporate boundaries.
g.
Structures built as part of the project over or under a primary road will be maintained structurally
sound by the DOT, including repairs to floors and railing and painting. For structures serving
roadways which are not on the primary road system, the cleaning and removal of snow, debris and
foreign objects from local road traffic lanes, sidewalks or walkways within the project limits (if any)
including pedestrian overpasses or underpasses will be the responsibility of the LPA.
h. Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
i. After the project construction is complete and prior to final acceptance of the project by the DOT, the
LPA shall furnish three sets of "as -built" plans to the DOT's contact person,
j•
Future maintenance of the highway within the project area will be carried out in accordance with the
terms and conditions contained in 761 Iowa Administrative Code Chapter 150. When the jurisdiction
of the SWA is completed, the DOT will take over the maintenance of the highway.
8. Traffic Control
a. Primary highway routes will remain open and through -traffic will be maintained during the
construction.
b. Traffic control devices, signing, or pavement markings installed within the limits of this project shall
conform to the "Manual on Uniform Traffic Control Devices for Streets and Highways" as per 761
Iowa Administrative Code, Chapter 130. The safety of the general public shall be assured through the
use of proper protective measures and devices such as fences, barricades, signs, flood lighting, and
warning lights as necessary.
2017-16-146 Dubuque 4
February 2015
9. Payments and Reimbursements
a. The DOT will make initial payments to the contractor(s) for construction costs from the Primary Road
Fund. Upon completion of the project, the LPA shall reimburse the DOT for its share of the project
costs. Reimbursement will be provided to the DOT either by a warrant or voucher from the LPA, or by
crediting the Primary Road Fund from the funding sources provided to the LPA by this agreement.
10. General Provisions
a. The LPA shall maintain records, documents, and other evidence in support of the work performed
under the terms of this agreement. All accounting practices applied and all records maintained will be
in accordance with generally accepted accounting principles and procedures. Documentation shall be
made available for inspection and audit by authorized representatives of the DOT and / or the Federal
Highway Administration (FHWA), or their designees at all reasonable times. The LPA shall provide
copies of said records and documents to the DOT upon request. The LPA shall also require its
contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work
materials, records, and any other data with regard to agreement related costs, revenues and
operating sources. Such documents shall be retained for at least 3 years from the date of FHWA
approval of the final amendment / modification to the project in the FHWA's Fiscal Management
Information System (FMIS). Upon receipt of such approval by FHWA, the DOT will notify the LPA of
the record retention date.
b. In accordance with Title VI of the Civil Rights Acts of 1964 and Iowa Code Chapter 216 and
associated subsequent nondiscrimination laws, regulations and executive orders, the LPA shall not
discriminate against any person on the basis of race, color, creed, age, sex, sexual orientation,
gender identity, national origin, religion, pregnancy, or disability.
c. The LPA agrees to indemnify, defend and hold the DOT harmless from any action or liability arising
out of the design, construction, maintenance, placement of traffic control devices, inspection, or use
of this project or the multi -use trail. This agreement to indemnify, defend and hold harmless applies to
all aspects of the DOT's application review and approval process, plan and construction reviews, and
funding participation.
d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
e. This agreement is not assignable without the prior written consent of the DOT.
f. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
2017-16-146 Dubuque 5
February 2015
9.
In case of dispute concerning the terms of this agreement, the parties shall submit the matter to
arbitration pursuant to Iowa Code Chapter 679A. Either party has the right to submit the matter to
arbitration after ten (10) days notice to the other party of their intent to seek arbitration. The written
notice must include a precise statement of the disputed question. The DOT and the LPA agree to be
bound by the decision of the appointed arbitrator. Neither party may seek any remedy with the State
or Federal courts absent exhaustion of the provisions of this paragraph for arbitration.
h. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
i. This Agreement, as well as the unaffected provisions of any previous agreement(s), addendum(s),
and/or amendment(s); represents the entire Agreement between the LPA and DOT regarding this
project. All previously executed agreements will remain in effect except as amended herein. Any
subsequent change or modification to the terms of this Agreement will be in the form of a duly
executed amendment to this document.
2017-16-146 Dubuque 6
February 2015
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2017-16-146 as of the
date shown opposite its signature below.
CITY OF DUBUQUE:
By:
Title: Mayor
QL/
1, Kevin Firnstahl
Date June 5 20 17
, certify that I am the Clerk of the City, and that Rov D. Buol
who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the
day of June 5
Signed:
20 17
City erk of'Dubuque, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By: c. Date 61/09 , 200 .
"fames R. Schnoebelen
District Engineer
District 6
2017-16-146 Dubuque 7
EXHIBIT A
Dubuque, Iowa
Southwest Arterial -East eradine project
South of Military Road (approximate Station 315+00.00) to
Olde Davenport Road (approximate Station 380+48.56)
ir—BEGIN PROJECT
STA. 315+00.00
OL! JOVE COUNTY, IOWA —
2017-16-146_Dubuque
R -2E
R -3E
r •
END PROJECT
STA. 380+48.56
LOCATION MAP SCALE
0 1 2 3
dim- oil
Mlles
G
'
Notes:
06 800630 0,;!„.•17 E=.;11,‘,=,n,r,n%,g':,;%11eye
Varying Fran, ?Ian 640600101, By =0.5.
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PE FOR CENTURVLINK 165'
ElltY FEL—
03 *
Legend;
1 Forsstect 4e01and 43171,1.30 Acres
o $.14 Azrev
Emergent Net,and MItzgation
PALUSTREIE Et•IERE8E.187
,-ElrEIGATION. 1.16_8,614E9
695 008-F0M-
ELEV. 692.00
LERour
Earthwork Quantities.:
Cut - 302 24,350 CY i
Fill = 24,350 05 $
-... 1 Addit106al Seed179 0.78 Acres
EI110I8H 1 MVP 007 0,144104034 AECOM
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2017-16-146_Dubuque
DUBUQUE 1•00018
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6, 411 t
4'.88
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FEET
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MITIGATION SITE
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Olde Davenport Road
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EXHIBIT C
OLOE DAVENPORT ROAD
1 e!
O'Rourke Forms,
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i CITY OF DUBUOUE
NHSX-OS - 136 - -3 00100006 1
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