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SW Arterial / IDOT East Grading Phase 2 Catfish Creek - Military RoadCopyrighted November 6, 2017 City of Dubuque Consent Items # 26. ITEM TITLE: SW Arterial East Grading Phase 2 Iowa Department of Transportation (I DOT) Cooperative Agreement SUMMARY: City Manager recommending Council authorization for the Mayor to execute the Iowa Department of Transportation Cooperative Agreement for the Southwest Arterial -East Grading Project from Catfish Creek to Military Road. RESOLUTION Approving the Cooperative Agreement (Agreement No. 2018-16-068) between the City of Dubuque and Iowa Department of Transportation for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road SUGGESTED DISPOSITION: Suggested Disposition: Receive and File; Adopt Resolution(s) ATTACHMENTS: Description Type Southwest Arterial -East Grading Project -MVM Memo City Manager Memo Staff Memo Staff Memo Resolution Resolutions Funding Agreement Resolutions THE CITY OF Masterpiece on the Mississippi TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager Dubuque �.nw,.rnxirxz� �111i: 2007.2012 2013.2017 SUBJECT: Southwest Arterial – East Grading Project from Catfish Creek to Military Road Iowa Department of Transportation – Cooperative Agreement Iowa DOT Agreement No. 2018-16-038 Iowa DOT Project No. NHSX-032-1 (50)-3H-31 DATE: November 1, 2017 Assistant City Engineer Gus Psihoyos recommends City Council authorization for the Mayor to execute the Iowa Department of Transportation Cooperative Agreement for the Southwest Arterial -East Grading Project from Catfish Creek to Military Road. I concur with the recommendation and respectfully request Mayor and City Council approval. AAJA4-(' Michael C. Van Milligen' MCVM:jh Attachment cc: Crenna Brumwell, City Attorney Teri Goodmann, Assistant City Manager Cori Burbach, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer Masterpiece on the Mississippi Dubuque triatri uI•Aiedee city 'llll' 2007.2012 2013.2017 TO: Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer FROM: Robert Schiesl, Assistant City Engineer SUBJECT: Southwest Arterial - East Grading Project from Catfish Creek to Military Road Iowa Department of Transportation - Cooperative Agreement Iowa DOT Agreement No. 2018-16-038 Iowa DOT Project No. NHSX-032-1 (50)--3H-31 DATE: October 31, 2017 INTRODUCTION The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Cooperative Agreement (Agreement No. 2018-16-038) for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road. 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 1 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 improvements: Project Description Status Final Engineering Design Right -of -Way Property Acquisition BHE Gas Pipeline Utility Relocation North Cascade Road Reconstruction English Mill Road Reconstruction BP Gas Pipeline Utility Relocation Military Road Reconstruction Underway Completed Completed Completed Completed Underway Underway 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. 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 final design, preparing construction documents and letting bids for the project through the Iowa DOT in January 2018. The Iowa DOT will be the contracting authority and will be responsible for the costs associated with the construction, inspection and completion of the following described primary highway project: • Grading of a portion of the 4 -lane Southwest Arterial from Military Road to Catfish Creek. 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. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the Cooperative Agreement (Agreement No. 2018-16-068) for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road. 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. 2018-16-068) for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road. Prepared by: Robert Schiesl, Assistant City Engineer cc: Jenny Larson, Alexis Steger, Budget Office Jim Schnoebelen, Iowa DOT Ken Yanna, Kent Ellis, Iowa DOT Chandra Ravada, ECIA F \PROJECTS\SOUTHWEST ARTERIAL\East Grading Project - Phase 2 (50)\Cooperative Agreement RESOLUTION NO. 355-17 APPROVING THE COOPERATIVE AGREEMENT (AGREEMENT NO. 2018-16-068) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - EAST GRADING PROJECT FROM CATFISH CREEK TO MILITARY 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 final design, preparing construction documents and letting bids for the East Grading project through the Iowa DOT in January 2018; and WHEREAS, the Iowa DOT will be the contracting authority and will be responsible for the costs associated with the construction, inspection; and WHEREAS, the East Grading project provide for the grading of a portion of the 4 -lane Southwest Arterial from Military Road to Catfish Creek; and WHEREAS, the Iowa DOT will be responsible for grading the multi -use trail as part of the project; 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. 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 (50)-- 3H-31. Section 3. 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 4. The Mayor is hereby authorized to execute the Cooperative Agreement (Agreement No. 2018-16-068), between the City of Dubuque and the Iowa Department of Transportation for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road. Passed, approved and adopted this 6th day of November 2 Attest: Kevr S. Firnstahl, City Clerk Roy D. Buol, Mayor F:\PROJECTS\SOUTHWEST ARTERIAL\East Grading Project - Phase 2 (50)\Cooperative Agreement DOT SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN September 15, 2017 www.iowadot.gov District 6 Office 1 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(50)--3H-31 City of Dubuque Dubuque County Agreement 2018-16-068 Staff Action No. N/A SUBJECT: Agreement 2018-16-068 FINAL (Grading of a portion of the SWA (Iowa 32) from Catfish Creek to Military Road) Dear Mayor Buol: Attached are two (2) copies of an 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 Catfish Creek to Military 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 phone number. JRS/hmb Enclosures (2) Agreement 2018-16-068 Sincerely, 9.y.,taaa, James. R. Schnoebelen, P. E. District 6 Engineer w I 0 DOT wwvv.iowadot.gov SMARTER 1 SIMPLER 1 CUSTOMER DRIVEN I II I II I NI 6 661 LV I all d 6 /I .111 LII61 6.4611/III 1661618 41.61.166416664 I1Y166 I I 61 161 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 November 14, 2017 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(50)--3H-31 City of Dubuque Dubuque County Agreement 2018-16-068 Staff Action No. N/A SUBJECT: Agreement 2018-16-068 FULLY EXECUTED (Grading of a portion of the SWA (Iowa 32) from Catfish Creek to Military Road) Dear Mayor Buol: Attached is your original of the fully executed Agreement 2018-16-068 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 Catfish Creek to Military Road. Thank you for your cooperation in the processing of this agreement. Sincerely, ai2.40„, James. R. Schnoebelen, P. E. District 6 Engineer JRS/hmb Enclosure Agreement 2018-16-068 cc: Deanne Popp Patricia Jacobs February 2015 IOWA DEPARTMENT OF TRANSPORTATION Cooperative Agreement For Primary Road Project County Dubuque City Dubuque Project No. NHSX-032-1(50)--3H-31 Iowa DOT Agreement No. 2018-16-068 Staff Action No. N/A F 6 14 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, or their designee. The LPA's contact person shall be the City Engineer. 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 Catfish Creek to Military Road. 2. Project Location a. The SWA is from Seippel Road to Olde Davenport Road. This agreement covers a portion of the grading from Catfish Creek (approximate Sta. 250+25.00) to Military Road (approximate Sta. 300+00.00), as shown Exhibit A. 2018-16-068 Dubuque 1 February 2015 b. 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 and associated features. 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 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. g. 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. 2018-16-068 Dubuque 2 February 2015 h. The wetlands shall be desmaintained in accordance with Regional Permit 7CEMVR-OD- PP-2O15'154^Fi|led 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 lspedficatons and engineers cost estimate shall be prepared and certified by a Professiona Engineer licensed to practice in the State of lowa. c. All proposed highway or street improvements and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on Geometric Design of Highways and Streets", (latest edition). d. The niform 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 shaU submit the other contract doouments 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, inotuding the compilation of a daily log of materials, equipment, and labor used on the project. 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. n. The LPA, in cooperation with the DOT, will take whatever stepmay be required with respect to lteration of the grade|ineoofth highway facilities 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 placemenof 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. 2018-16-068 Dubuque 3 February 2015 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. 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. 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. 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 2018-16-068 Dubuque 4 February 2015 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. g. 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. 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. 2018-16-068 Dubuque 5 February 2015 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2018-16-068 as of the date shown opposite its signature below. CITY OF DUBUQ E: By: Title: Mayor I, Kevin Firnstahl Date NOVEMBER 6 , 2017 , certify that I am the Clerk of the City, and that Roy D. Buol who signed said Agreement for and on behalf of the City was duly authorized to execute the same on the day of November 6 2017. Signed Ci CIrkoDibucfue, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: James R. Schnoebelen District Engineer District 6 Date 11/i3 , 207. 2018-16-068 Dubuque 6 1 z cr ca 1- z co I— DUBUQUE COUNTY, IOWA ammo ■■■i 01.1111101111111110111 ■i J fiat CANADIAN N. BEGIN PROJ ECT STA. 250+25.00 EXHIBIT A R— 1E 2018-16-068_Dubuque R -2E R -3E LOCATION MAP SCALE 0 1 2 3 m __I_J Miles END PROJECT STA. 300+00.00 RESOLUTION NO. 355-17 APPROVING THE COOPERATIVE AGREEMENT (AGREEMENT NO. 2018-16-068) BETWEEN THE CITY OF DUBUQUE AND IOWA DEPARTMENT OF TRANSPORTATION FOR THE SOUTHWEST ARTERIAL - EAST GRADING PROJECT FROM CATFISH CREEK TO MILITARY 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 final design, preparing construction documents and letting bids for the East Grading project through the Iowa DOT in January 2018; and WHEREAS, the Iowa DOT will be the contracting authority and will be responsible for the costs associated with the construction, inspection; and WHEREAS, the East Grading project provide for the grading of a portion of the 4 -lane Southwest Arterial from Military Road to Catfish Creek; and WHEREAS, the Iowa DOT will be responsible for grading the multi -use trail as part of the project; 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. 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 (50)-- 3H-31. Section 3. 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 4. The Mayor is hereby authorized to execute the Cooperative Agreement (Agreement No. 2018-16-068), between the City of Dubuque and the Iowa Department of Transportation for the Southwest Arterial - East Grading Project from Catfish Creek to Military Road. Passed, approved and adopted this 6th day of November 2 Attest: , Kev S. Firnstahl, City Clerk Roy D. Buol, Mayor F:\PROJECTS\SOUTHWEST ARTERIAL\East Grading Project - Phase 2 (50)1Cooperative Agreement CERTIFICATE of the CITY CLERK STATE OF IOWA ) SS: COUNTY OF DUBUQUE ) I, Kevin S. Firnstahl, do hereby certify that I am the duly appointed, qualified, City Clerk of the City of Dubuque, Iowa, in the County aforesaid, and as such City Clerk, I have in my possession or have access to the records of the proceedings of the City Council. I do further state that the hereto attached Resolution No. 357-17 is a true and correct copy of the original. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa, on this 7th day of November, 2017. S. Firnstahl, CMC, City Clerk (SEAL)