IDOT Improve to US 20 fiberoptiMEMORANDUM
April 1, 2003
TO:The Honorable Mayor and City Council Members
FROM:Michael C. Van Milligen, City Manager
SUBJECT:Iowa Department of Transportation Pro-Construction Agreement
Addendum - Intersection improvements on US 20 (Dodge Street)
Public Works Director Mike Koch is recommending City Council approval of a pre-
construction agreement addendum between the City of Dubuque and the Iowa
Department of Transportation (IDOT) to provide fiber optic conduit installation on the
Highway 20 Intersection Improvement Project.
This addendum provides that IDOT will install conduit along the south side of US 20
from the new Menard's entrance easterly to Algona Street. The City will bear the entire
cost of this installation, which is estimated at $229,485.
I concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM/jh
Attachment
cc: Barry Lindahl, Corporation Counsel
Cindy Steinhauser, Assistant City Manager
Michael A. Koch, Public Works Director
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 31,2003
TO:Michael C. Van Milligen, City Manager
FROM:Michael A. Koch, Public Works Director
SUBJECT:Iowa Department of Transportation Pre-Construction Agreement
Addendum - Intersection Improvements on US 20 (Dodge Street)
INTRODUCTION
Enclosed is a pre-construction agreement addendum between the City of Dubuque and
the Iowa Department of Transportation (IDOT) to provide fiber optics conduit installation
on the Highway 20 Intersection Improvement Program.
DISCUSSION
The agreement addendum provides that IDOT will install a four-inch multi-cell conduit
along the south side of US 20 from the new Menard's entrance eastedy to Algona
Street. Additional right-of-way will be needed for the conduit, and the additional right-of-
way will be added to an existing permanent easement that is presently located along US
20 within the project limits. This conduit installation is consistent with City efforts to
install fiber optics conduit on City paving projects to create a network of connected fiber
optics.
The fiber optics conduit will be installed in conjunction with the traffic signal interconnect
project from Devon Drive extending westerly to the west limits of the project at the new
"Menards" entrance.
RECOMMENDATION
I would recommend that the City Council approve the proposed pm-construction
agreement addendum between the City of Dubuque and IDOT for the conduit
installation along US 20.
BUDGET IMPACT
As noted in the addendum, the City will bear the entire cost of this installation, which is
estimated at $229,485.
Funding for the project will be from a Fiscal Year 2004 appropriation for the City-wide
fiber optics system in the amount of $200,000. The length of the conduit will be
adjusted by change order to accommodate the anticipated $29,485 overrun.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor to
execute two copies of the pre-construction agreement.
MAK/vjd
cc: Pauline Joyce, Administrative Services Manager
David Ness, Civil Engineer
RESOLUTION NO. 97-03
RESOLUTION APPROVING AN ADDENDUM TO THE PRE-
CONSTRUCTION AGREEMENT BETWEEN THE CITY OF DUBUQUE AND
THE IOWA DEPARTMENT OF TRANSPORTATION FOR FIBER OPTICS
CONDUIT IMPROVEMENTS TO US 20
Whereas, the City has entered into Pre-Construction Agreement No. STP-
A-20-9(164) - 22-31 with the Iowa Department of Transportation to improve US
201
Whereas, the Iowa Department of Transportation has prepared an
addendum to said pre-construction agreement between the City of Dubuque and
the Iowa Department of Transportation to include the installation of a four-inch
multi-cell conduit along the south side of US 20 from the new Menard's entrance
easterly to Algona Street; and
Whereas, the City Council of the City of Dubuque approves of said
addendum and the City funding as described in the pre-construction agreement
addendum.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF DUBUQUE, IOWA:
Section1. That Addendum 2003-16-019B to the pre-construction
agreement between the City of Dubuque and the Iowa Department of
Transportation for the US 20 intersection improvements (Dodge Street) for the
installation of a four-inch multi-cell conduit along the south side of US 20 be and
is hereby approved.
Section 2. That the Mayor be authorized and directed to execute two
copies of the addendum to the pre-construction agreement between the City of
Dubuque and the Iowa Department of Transportation.
Passed, adopted and approved this 7th day of April, 2003
2003.
Jeanne F. Schneider, CMC, City Clerk
Terrance M. Duggan, Mayor
Iowa Department of Transportation
District 6 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150, Cedar Rapids, IA 52406-3'150 roger, walton~dot.state.ia, us
March 4, 2003
Ref:STP-A-20-9(164)--22-31
Dubuque County
City ofDubuque
Addendum2003-16-019B
Mike Koch, P.E.
City Engineer
50 West 13th Street
Dubuque, IA 52001
SUBJECT: STP Project
Dear Mike:
I have attached two (2) copies of an addendum to preconstmction agreement between the city of
Dubuque and the Iowa Departmeat of Transportation for the above referenced project. The project
involves intersection improvements on U.S. 20 (Dodge Street).
Please secure the necessary approvals and signatures of your city council and return both signed
copies of the addendum to this office for further processing. After I receive the signed copies of the
addendum, I will sign the addendum, and I will have the fully executed addendum returned to your
office.
You and/or any engineer involved with the project should carefully review both the exhibit sections
that pertain to project right of way acquisition and the addendum paragraph pertaining to the amount
of federal funds.
If you have any questions concerning this addendum, please contact me at the above listed phone
number.
Very truly yours,
Walton, P.E.
Local Systems Engineer
RRW:keh
Attachment
HAR 06'2003
Staff Action:
ADDENDUM TO
PRECONSTRUCTION AGREEMENT
2003-16-019
County Dubuque
CITY Dubuque
Project No. STP-A-20-9(164)- -22-31
Iowa DOT
Addendum No. 2003-16-019B
This Addendum, is entered into by and between the Iowa Department of Transportation,
hereinafter designated the "DOT", and the City of Dubuque Iowa, hereafter designated
the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code
sections 28E.12 and 306A.7;
WITNESSETH; that
WHEREAS, the DOT has let a project to improve an extension of Primary Road No.
U.S. 20 as a controlled access facility within Dubuque County, Iowa; and
WHEREAS, the DOT and the CITY are willing toj ointly participate in said project,
in the manner hereinafter provided; and
WHEREAS, this Addendum reflects the current concept of this project which is
subject to modification by the DOT; and
NOW, THEREFORE, IT IS AGREED as follows:
1. The CITY and DOT previously entered into Agreement 2003-16-019 and Addendum
2003 - 16-019A for construction of the following improvements:
Intersection improvements will be provided on U.S. 20 (Dodge Street)
extending from the new "Menards" entrance (located along the south
side of U.S. 20 approximately DA mile southwest of the Iowa 32
intersection) extending northeasterly to Devon Drive. Five-lane
construction will also be done from Old Highway Road extending
northeasterly to just east of the Northwest Arterial.
Agreement 2003-16-019 was signed by the CITY and DOT on December 16
and 20, 2002 respectively. Addendum 2003-16-019A was signed by the
CITY and DOT on January 20 and 22, 2003 respectively.
Special Provisions
Subsequent to execution of Agreement 2003-16-019 and Addendttm 2003-
16-019A (see Section 1 above) the CITY requested that and a four-inch
multi-cell conduit also be installed and additional right of way be acquired for
the proposed project.
The proposed conduit will be placed along the south side of U.S. 20 adjacent
to a two-inch traffic signal conduit that is also being installed as part of this
project. The four-inch multi-cell conduit will extend from the new Menards
entrance easterly to Algona Street. Cost of said conduit construction has been
estimated at approximately $225,000 which cost will be paid 100% by the
CITY.
The proposed right of way will be acquired by the CITY's consultant (in
the name of the CITY) and said right of way will be added to an existing
permanent easement which is located along U.S. 20 within the project
limits. The existing permanent easement is also in the name of the CITY.
The additional right of way acquisition will be accomplished in
accordance with the following terms and conditions:
If needed, the CITY shall also offer relocation assistance in
accordance with appropriate federal and state regulations. For
relocation assistance, the CITY shall provide the DOT with
notification that they have complied with Iowa Code Chapter 316 as
amended by the 1999 Iowa Acts Chapter 171.
The CITY will prepare and provide the DOT with all appropriate land
surveyor's plats and descriptions for the new right of way to be
acquired.
The CITY will prepare and provide appraisals on all acquisitions
except when the Appraisal Waiver Process is appropriate and
applicable. On those acquisitions that may be valued through the
Appraisal Waiver Process, the CITY may choose to appraise and/or
use procedures in the DOT right of way manual. All appraisals
provided by the CITY shall be reviewed by the DOT prior to an offer
being made.
The CITY will provide their own acquisition agents who will keep a
complete record of personal contacts.
The CITY shall offer to pay the approved appraised value for all
parcels. Any variance in the offer must be cleared by the DOT prior
to the acquisition. Any variance from the appraised value must be
properiy documented by written administrative settlement.
The CITY will properly close the sale of each parcel and shall furnish
the DOT originals of all completed contracts, deeds, conveyances and
condemnation documents (for state right of way).
Upon completion of the acquisition for each parcel, all original
documents for said acquisition shall be delivered to and become the
property of the DOT.
The CITY must certify no later than 12 weeks prior to the letting that
the CITY has acquired possession of all required right of way.
Should eminent domain proceedings be required, the CITY will
condemn or appeal in the name of the CITY or the State of Iowa,
whichever applies. For eminent domain proceedings, the CITY shall
provide the DOT with notification that they have complied with Iowa
Code Chapters 6A & 6B as amended by the 1999 IowaActs Chapter
171. The project letting will not be held until the CITY has certified
that the right of way has been acquired.
The CITY may take separate bids for demolition and/or relocation of
stmcmres acquired for right of way purposes.
Upon receipt of a properly documented billing, the DOT will
reimburse the CITY for actual right of way acquisition costs.
The CITY as well as their contractors, if any, agree to maintain all
books, documents, papers, accounting records and other evidence
pertaining to all costs incurred under this Agreement and to make
such materials available at their respective offices at all reasonable
times during the Agreement period and for tkree years fi'om the date
of the final payment under the Agreement, for inspection by the DOT
or Federal Highway Administration, and copies thereof shall be
furnished if requested. If more than a nominal number of copies are
requested the additional copies shall be furnished at the expense of
the request'mg agency. The CITY will maintain these records.
The CITY shall at ail times comply with and observe ail federal and
state laws, local laws, ordinances, and regulations which in any
manner affect the work.
In carrying out any provisions of this Agreement or in exercising any
power or authority granted to them thereby, there shall be no personal
liability upon the authorized representatives of the DOT, it being
understood that in such matters they act as agents and representatives
of the DOT.
The CITY shall indemnify and save harmless the DOT and ail of their
officers, agents, and employees on account of any damages to persons
or property resulting from the CITY=s activities in cormection with
right of way acquisition activities for this project.
In accordance with 761 Iowa Administrative Code Section 150.3(1)(b), the
CITY will be responsible for providing without cost to the DOT or project all
right of way which involves dedicated streets or alleys, and other city-owned
lands, easements and rights in land except park lands, subject to the condition
that the DOT will reimburse the CITY for the value of improvements situated
on said city-owned lands, if any. The CITY has apprised itself of the value of
these lands, and, as a portion of their participation in the project, voluntarily
agrees to make such lands available without further compensation.
Matching funding by the DOT for ICAAP and TSF portions of the original
improvement, which were shown on Exhibit "B" of Agreement 2003-16-019 (see
Section 1 herein), will actually be paid from the Iowa Primary Road Fund.
Therefore, a new Exhibit "B" has been added to this Addendum which more
accurately reflects the actual funding distribution. The Exhibit "B" for previously
executed Agreement 2003-16-019 is hereby declared null and void.
General Provision
The CITY will comply with all provisions of the equal employment opportunity
requirements prohibiting discrimination and requiring affirmative action to assure
equal employment opportunity as required by Iowa Code Chapter 216. No person
will, on the grounds of age, race, creed, sex, color, national origin, religion or
disability, be excluded from participation in, be denied the benefits of, or be
otherwise subjected to discrimination under any program or activity for which State
funds are used.
Miscellaneous Provisions
It is the intent of both parties that no third party beneficiaries be created by this
Agreement.
If any section, provision, or part of this Addendum will be found to be invalid or
unconstitutional, such judgment will not affect the validity of the Addendum as a
whole or any section, provision, or part thereof not found to be invalid or
unconstitutional.
This Addendum may be executed in two counterparts, each of which so executed will
be deemed to be an original.
This document; as well as the unaffected provisions of previously executed
Agreement 2003-16-019 and Addendum 2003-16-019A, represents the entire
Agreement between the CITY and DOT regarding this project. Any subsequent
change or modification to the terms of this Addendum will be in the form ora duly
executed amendment to this document.
6
IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 2003-16-019B
as of the date shown opposite its signature below.
CITY OF DUBUQUE:
By: Terrance M. Duggan
Title: Mayor //
Date April 7 ,2003
duly authorized to execute the .same on the 7th day of
I, Jeanne F. Schneider, certify that I am the Clerk of the CITY, and that
Terrance M. 'Duggan ,who signed said Addendum for and on behalf of the CITY was
duly authorized to execute the same on the 7th day of April, 2003.
April .,200 3.
IOWA DEPARTMENT OF TRANSPORTATION:
By: /s/ Richard Kautz
District Engineer
District 6.
Date 4-10, 2003
7
Exhibit "B"
Project Cost Breakdown
DOT Primary Road Funding (includes 20% ICAAP match $2,917,270
And TSF match)
ICAAP Funding $ 547,000
TSF Funding $ 65,000
Total Estimated Project Cost $3,529,270