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IDOT Southwest Arterial Right-of-Way Acquistion Services AgreementTHE CITY OF Dubuque DUB E 1 1 Masterpiece on the Mississippi 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: Southwest Arterial Project Iowa Department of Transportation Right-of-Way Acquisition Services Agreement, No. 2009-1-020 Project No. HDP-2100(643)--71-31 DATE: January 27, 2009 In an attempt to accelerate the right-of-way acquisition process for the Southwest Arterial Project, Assistant City Engineer Bob Schiesl is recommending approval of a contract with the Iowa Department of Transportation for Right-of-Way Acquisition Services. A summary of the terms in the agreement are as follows: City Responsibility The City will be responsible for contracting the following acquisition related work tasks: ^ Appraisals ^ Review Appraisals ^ Property Management Activities Iowa DOT Responsibility The Iowa DOT will be responsible for completing the following acquisition phases: ^ Right-of-Way Negotiations and Acquisition ^ Relocation Services (if required) ^ Condemnation Services (if required) ^ Title and Closing Services I concur with the recommendation and respectfully request Mayor and City Council approval. A "///A/ V Mich el C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer Robert Schiesl, Assistant City Engineer THE CITY OF DUB E Masterpiece on the Mississippi TO: Michael C. Van Milligen, City Manager FROM: Robert Schiesl, Assistant City Engineer Dubuque 2007 SUBJECT: Southwest Arterial Project Iowa Department of Transportation Right-of-Way Acquisition Services Agreement, No. 2009-1-020 Project No. HDP-2100(643)--71-31 DATE: January 27, 2009 INTRODUCTION The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Right-of-Way Acquisition Services Agreement for City Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No. HDP-2100(643)--71-31). BACKGROUND 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. The proposed Southwest Arterial project will be a 6.1-mile, four- lane divided freeway with priority 1-access control between Highway 61/151 and Highway 20. The preliminary design phase was completed in March, 2008 by Earth Tech, Inc. and now the project is ready to proceed with the final engineering design phase, right-of-way property acquisition, and archaeological and cultural resource phase III mitigation work. DISCUSSION In an attempt to accelerate the right-of-way acquisition process, the City evaluated several options to potentially "fast track" the next phases of the project so that the Southwest Arterial project is favorably positioned to potentially take advantage of any future state or federal economic stimulus funding packages, or to be included in Iowa's Five-Year Highway Transportation Improvement Program or the new Federal Transportation Bill. Based on work completed as part of the preliminary design phase for the proposed four- lane divided freeway alignment between Highway 61/151 and Highway 20, the following is a summary of affected properties identified for acquisition. ^ 54 -Impacted Properties • 47 -Private Properties • 4 -Public Properties -State • 2 -Public Properties -City • 1 -Public Properties -County ^ 6 -Total Property Acquisitions (5 Homes) ^ 48 -Partial Acquisitions (2 Homes) ^ 7 -Total Homes Affected In August 2008, the City initiated discussions with Iowa DOT staff to consider and evaluate the opportunity for aCity /Iowa DOT joint partnership in completing the right- of-way property acquisitions. The Iowa DOT has agreed to partner with the City to provide right-of-way acquisitions services for the Southwest Arterial. A summary of the terms in the right-of-way acquisitions services Agreement are as follows: City Responsibility The City will be responsible for contracting the following acquisition related work tasks: ^ Appraisals ^ Review Appraisals ^ Property Management Activities Iowa DOT Responsibility The Iowa DOT will be responsible for completing the following acquisition phases: ^ Right-of-Way Negotiations and Acquisition ^ Relocation Services (if required) ^ Condemnation Services (if required) ^ Title and Closing Services CONSULTANT FINAL DESIGN -REQUEST FOR PROPOSALS The City has developed a Request for Proposal (RFP) and currently soliciting competitive proposals from qualified professional consulting firms to provide final design, right-of-way property acquisition and archaeological & cultural resource mitigation for the construction of the Southwest Arterial. In an effort to evaluate all available options to fast-track the right-of-way acquisition process, the City has include in this RFP, the solicitation of qualified Right-of-Way Acquisition Agent/Firms to potentially assist or complete the acquisition phases. The City will evaluate the proposals and the Acquisition Agent/Firms anticipated right-of-way acquisition schedule to determine the level of participation to incorporate into the Final Design Consultant Contract. The City may elect: to partner solely with the Iowa DOT; consider a joint partnership among the City, the Iowa DOT and Consultant; or the City may elect to include all right-of-way acquisition services in the Final Design Consultant Contract. The city has discussed this approach with the Iowa DOT and they support evaluating all available options to fast-track the right-of-way acquisition process. ESTIMATE OF PROBABLE COST The estimate of probable cost for right-of-way property acquisition services for the Southwest Arterial Project is as follows: Description Right-of-Way Property Acquisition Services Total Project Cost The anticipated project funding is summarized as follows: CIP No. Fund Description 3001287 Southwest Arterial (Local Funding) Total Project Funding Cost 330 000 330 000 Fund Amount $330,000 330 000 The City proposes to use all local funding to cover the costs to complete the right-of- way property acquisition services per the Iowa DOT Agreement. Staff has identified approximately $4.6 million in eligible (DMATS) City street construction and traffic capacity /safety related improvement projects which will allow local funds to be transferred to the Southwest Arterial Project. ACTION TO BE TAKEN I respectfully request City Council to approve and authorize the Mayor to execute the Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No. HDP-2100(643)--71-31). Prepared by Robert Schiesl, Assistant City Engineer cc: Gus Psihoyos, City Engineer Jenny Larson, Budget Director Jim Schnoebelen, District Engineer, Iowa DOT Kent Ellis, Local Systems Engineer, Iowa DOT K:\PROJECTS\SW ARTERIAL - IA HYW 32\ROW ACQUISITION\SW Memo.doc Arterial DOT ROW Acquisition Agreement . " ~ ~ ~ y /{ - ~ ~~fll~"c ~. V'~tR:Lr GG ~, ,~~ ~~~ , I via ep in ~~ ~~ ~ -~~strict 6 O ~ 430 Sixteen P.O. Box 31 February 11, 2009 ffi ce th Avenue SW 50, Cedar Rapids, IA 52406-3150 Mr. Gus Psihoyos, P. E. City Engineer City of Dubuque 50 West 13th Street /Second Floor Dubuque, Iowa 52001-4864 OFFICE: 319-364-0235 FAX: 319-364-9614 Ref: HDP-2100(643)--71-31 Dubuque County City of Dubuque Agreement No. 2009-1-020 SUBJECT: Agreement 2009-1-020 Revised Final (ROW Acquisition for SW Arterial in Dubuque) Dear Mr. Psihoyos: Attached is your original of the fully executed agreement between the City of Dubuque and the Iowa Department of Transportation for the above referenced project. The project involves support to acquire rights of way for the proposed Southwest Arterial (approximately 47 parcels). Thank you for your cooperation in the processing of this agreement. Sincerely, JRS/sjb Enclosure (1) ';~~ James R. Schnoebelen, P. E. District 6 Engineer cc: Ken Yanna, P.E. Assistant District Engineer, Iowa DOT, Cedar Rapids Bruce Kuehl, P. E. Construction Engineer, Iowa DOT, Cedar Rapids Catherine Cutler, Transportation Planner, Iowa DOT, Cedar Rapids Dennis Kunze, Land Surveyor, Iowa DOT, Cedar Rapids Art Gourley, P. E. Area Staff Engineer, Iowa DOT, Dyersville Kent Ellis, P. E. Local Systems, Engineer, Iowa DOT, Cedar Rapids Gretchen Gresslin, DMM-Iowa DOT, Cedar Rapids Sam Shea, Transportation Planner, Iowa DOT, Davenport Doug Heeren, Engineering Tech. Sr., Iowa DOT, Cedar Rapids 1 STAFF ACTION: S-2009-0578 RIGHT OF WAY AGREEMENT FOR CITY STREET RELOCATIONS AND/OR RECONSTRUCTION FOR CITY OF DUBUQUE SOUTHWEST ARTERIAL County Dubuque City Dubuque Project No. HDP-2100(643)--71-31 Iowa DOT Agreement No. 2009-1-020 1. This Agreement is between the City of Dubuque hereinafter designated the "CITY", and the Iowa Department of Transportation, Highway Division, hereinafter designated the "DOT" and in accordance with Iowa Code sections 28E.12 and 306A.7. 2. The contact person for the DOT shall be Doug Bates, Acquisition and Relocation Section Supervisor. The contact person for the CITY shall be the City Engineer. 3. The CITY has completed preliminary engineering, right of way design, acquisition plats in accordance with DOT and Federal HighwayAdministrationstandards. The CITY shall notify the DOT of any plan changes from preliminary plans. 4. The CITY hereby agrees that the DOT shall provide support to acquire rights of way for the proposed Southwest Arterial (approximately 47 parcels). 5. The CITY shall perform appraisals, review appraisals and all propertymanagement activities. 6. The CITY shall provide the DOT with right of way design, initial title reports, survey plats, appraisals and review appraisals by March 1, 2009. 7. The DOT shall provide acquisition services including right of way negotiations and acquisitions; relocation services, if required; condemnation services, ifrequired; and title and closing. Said DOT acquisition services shall be carried out in the following manner: In connection with this project, any real estate and easements necessary for constriction shall be acquired in the name of the CITY, except as mutually agreed to for interchanges at U.S. 20 and U.S. 52/61/151. Right-of--way acquired for the interchanges atU.S. 20 andU.S. 52/61/151 shallbe acquiredinthename ofthe State. Where acquired by contract, the CITY shall receive and agrees to accept title from the 2 contract seller. Where condemnation proceedings are necessary, a single joint condemnation proceeding shall be instituted by the DOT to acquire necessaryproperty rights for the CITY and DOT. 8. The CITY shall provide concurrence with decisions to acceptor appeal condemnations. The CITY will be responsible for all activities involved with appealing any condemnations. 9. The CITY shall be responsible for staking the proposed right-of--way, if necessary, during acquisition negotiations and as required for condemnations. 10. Access rights shall be acquired in accordance with 761 Iowa Administrative Code Chapter ,112.11(8) and the 2005 DOT Access Control regulations: J 11. The CITY shall reimburse the DOT for staff time and expenses. CITY reimbursement, estimated at $330,000, shall be made upon completion and proper billing by the DOT and will be determined by actual costs based on the following assumptions (see Exhibit A for estimate). • 16 parcels are turned in for condemnation processing . ~ • 8 .parcels will require condemnation hearings ~ . • 13 parcels will require Title Opinions prepared by attorneys • 20 parcels will require relocation assistance (eight owner-occupied residences or business relocations, 12 personal property moves) • 4'7 parcels will require recording fees 12. The CITY and DOT acknowledge that this Agreement can be terminated with a 30-day written notice upon mutual consent of both parties. 13. If in the future the CITY desires to use Federal funding for the project, a separate Federal- Aid Project Agreement will be necessary. 14. This Agreement maybe executed in two counterparts, each of which so executed shall be deemed to be an original and both shall constitute but one and the same instrument. 3 IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2009-1-020 as of the date shown opposite its signature below: CITY OF DUBUQUE: By: Titlf Date February 2 , 2009 Jeanne F. S c h n e i d e r ,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 2 n dday of February ~ 200 9 . ~ ~ _ _~ .~ City Clerk of Dubuque, Iowa. , , IOWA DEPARTIVIENT OF TRANSPORTATION: By: ~ ~'.~ Date ~ ~C"~ James R. Schnoebelen District Engineer District 6 200 EXHIBIT A A detailed estimate of costs is provided below Service Scope Unit Cost Quantity Total Estimated Cost Acquisition Agents and Hearing 3 agent team plus expenses $2000 / 47 $ 94,000 Officer for subsistence and parcel parcels automobile costs. Subsistence, other expenses LS $ 25,000 Closing /Condemnation prep for includes incidental expenses $800 / 16 $ 12,800 parcels turned in for for recording, publishing, parcel condemnation service, etc Additional Closing / includes incidental expenses $2,000 / 8 $ 16,000 Condemnation prep for parcels for recording, publishing, parcel . requiring condemnation hearings service, etc Closing for parcels not requiring includes incidental expenses $700 / 39 $ 27;300 condemnation hearings for recording; publishing, parcel service, etc Title Opinions $1,000 / 13 $ ..13,000- . arcel Relocation Assistance Major relocations $7,500 / 8 $ . .60,000 arcel Relocation Assistance Minor relocations $3,500 / 12 $ 42,000 arcel Miscellaneous Support costs Includes Administrative LS $ 39,900 support, management TOTAL $ 330,000 E~®I~UTI 37-09 RESLUT9lel APR!9lG °T I® A EART ENT ®F TRANSPR°TATI RIGHT-- AY AC ISI°fl®N SERVICES G E ENT FR CITY STREET ELCA°TINS AN /OR RECNS°f UC°TIN F CITY ®F ®U UQE UTH EST ARTERIAL (r®ject N®. H®-2100(643)--71-31; 6® a 1° Agreement ®. 2009-1-020) Whereas, the City of Dubuque has determined that the completion of the Southwest Arterial is the No. 1 surface transportation priority in the Dubuque area; and Whereas, the City of Dubuque has agreed to partner with the Iowa Department of Transportation to perform the necessary right-of-way acquisition services for property needed for the construction of the Southwest Arterial; and Whereas, the City of Dubuque is willing to commit the necessary funding for right-of-way acquisition services by the Iowa Department of Transportation. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA, THAT: Section 1. That said Iowa Department of Transportation Right-of-Way Acquisition Services Agreement for City Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No. HDP- 2100(643)--71-31; Iowa DOT Agreement No. 2009-1-020) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of said Right-of-Way Agreement for City .Street Relocations and/or Reconstruction for City of Dubuque Southwest Arterial (Project No.. HDP- 2100(643)--71-31; Iowa DOT Agreement No. 2009-1-020) between the City of Dubuque and the Iowa Department of Transportation. Passed, approved and adopted this 2nd Attest: eanne F. Schneider, CMC, City Clerk day of February , 20pg, i ;. -~ ~. Roy D: Buol, Mayor ., CERTIFICATE F CITY CL STATE OF IOWA COURITY OF DUBUQUE I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk 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. 3709 is a correct copy of the original Resolution No. 37-09 approved and adopted by the City Council of the City of Dubuque, Iowa, at a session held by said Council on the 2nd day of February, 2009. In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque, Iowa. Dated at Dubuque, Iowa on this 3~d day of February, 2009. Jeanne F. Schneider, CMC City Clerk (SEAL)