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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