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
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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)