IA 32 and Asbury Road Turn Lane Improvment Project_IDOT 6 10 STPU 06Masterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: IA 32 and Asbury Road Turn Lane Improvements
Agreement No. 6- 10- STPU -06
(Iowa DOT Project No. UST -32- 1(31)-- 4A -31)
(STP -32- 1(30-- 2C -31)
(6- 10- USTEP -12)
(CIP 3002029, 2501814, and 2501815)
DATE: April 27, 2010
Dubuque
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AID- AmedcaCity
2007
City Engineer Gus Psihoyos recommends City Council approval for the Mayor to
execute the Iowa Department of Transportation Federal Aid Funding Agreement for a
Surface Transportation Program for IA 32 and Asbury Road Turn Lane Improvements
Project.
This agreement provides for the utilization of Dubuque Metropolitan Area Transportation
Study (DMATS) Surfacing Transportation Program (STP) funding in the amount of
$500,000 ($250,000 FY08 and $250,000 FY09). The City will provide the required local
match in the amount of $125,000.
concur with the recommendation and respectfully request Mayor and City Council
approval.
MCVM:jh
Attachment
cc: Barry Lindahl, City Attorney
Cindy Steinhauser, Assistant City Manager
Gus Psihoyos, City Engineer
Michael C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: April 26, 2010
SUBJECT: IA 32 and Asbury Road Turn Lane Improvements
Agreement No. 6 -10- STPU -06
(Iowa DOT Project No. UST -32- 1(31)- 4A -31)
(STP -32- 1(30)- 2C -31)
(6 -10- USTEP -12)
(CIP 3002029, 2501814, and 2501815)
INTRODUCTION
Dubuque
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11111F
2007
The enclosed resolution authorizes the Mayor to execute the Iowa Department of
Transportation (Iowa DOT) Federal Aid Funding Agreement for a Surface
Transportation Program (Agreement number 6- 10- STPU -06) for IA 32 and Asbury Road
Turn Lane Improvements Project.
BACKGROUND
There are many multiple geometric and signal improvements taking place along IA 32
between US 20 and JFK Road during the 2010 construction year. These improvements
include extending left turn lanes, adding right turn lanes, installation of dual left turn
lanes at Asbury Road and ITS improvements at each of the signalized intersections.
These improvements will be broken down into 3 main projects. One project will be
locally bid, the other two projects will include federal dollars and will be bid through the
Iowa DOT.
DISCUSSION
Agreement No. 6- 10- STPU -06 is for the IA 32 and Asbury Road Turn Lane
Improvements Project which will provide for the following improvements at IA 32 and
Asbury Road: Southbound right turn lane along with a dual left turn lane construction
including existing pavement removal and HMA with PCC curb & gutter; Northbound
PCC dual left turn lane construction, PCC median, PCC sidewalks; 4" surface course on
entire southbound corridor from access road north of Asbury to Holliday Drive.
This agreement between the Iowa DOT and the City of Dubuque (City) provides for the
utilization of Dubuque Metropolitan Area Transportation Study (DMATS) Surfaceing
Transportation Program (STP) funding in the amount of $500,000 ($250,000 FY 08,
$250,000 FY 09) and the City will provide the required local match in the amount of
$125,000.
The utilization of DMATS STP funds on eligible City street construction projects will
allow local funds to be transferred to the Southwest Arterial Project and used as
matching cost for federal appropriated funds.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the
Mayor to sign the state funding agreement for the Federal Aid Funding Agreement for
the Surface Transportation Program Project (Agreement No. 6- 10- STPU -06) for the IA
32 and Asbury Road Turn Lane Improvements Project.
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 Federal Aid Funding
Agreement (Agreement No. 6- 10- STPU -06) for the IA 32 and Asbury Road Turn Lane
Improvements Project.
cc: Jenny Larson, Budget Director
Don Vogt, Public Works Director
John Klostermann, Street Maintenance Supervisor
Bob Green, Water Department Manager
Robert Schiesl, Assistant City Engineer
Jon Dienst, Civil Engineer II
Greg Doeden, Civil Engineer II
Deron Muehring, Civil Engineer II
RESOLUTION NO. 130 -10
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
FEDERAL AID FUNDING AGREEMENT (AGREEMENT NO. 6- 10- STPU -06) FOR
THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT.
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of
Dubuque Metropolitan Area Transportation Study (DMATS) Surface Transportation
Program (STP) funds for the IA 32 and Asbury Road Turn Lane Improvements Project.
Whereas, the IA 32 and Asbury Road Turn Lane Improvements Project which will
provide for the following improvements at IA 32 and Asbury Road: Southbound right
turn lane along with a dual left turn lane construction including existing pavement
removal and HMA with PCC curb & gutter; Northbound PCC dual left turn lane
construction, PCC median, PCC sidewalks; 4" surface course on entire southbound
corridor from access road north of Asbury to Holliday Drive.
Whereas, the DMATS STP funds will be eligible to complete said improvements
to the IA 32 and Asbury Road Turn Lane Improvements Project, within Dubuque
County, Iowa.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That said Iowa DOT Federal Aid Funding Agreement (Agreement
No. 6- 10- STPU -06) between the City of Dubuque and the Iowa Department of
Transportation be approved for a turn lane improvement project that will make
improvements to the IA 32 at Asbury Road intersection Project in Dubuque.
Section 2. That the Mayor be authorized and directed to execute two copies of
Iowa DOT Federal Aid Funding Agreement (Agreement No. 6- 10- STPU -06) for the IA
32 and Asbury Road Turn Lane Improvements Project in Dubuque.
Attest:
Passed, approved and adopted this 3rd day of May
i ā / a6 A. a
eanne F. Schneider, CMC, City Clerk
, 2010.
Roy D. Buol, Mayor
November 2008
Under this agreement, the parties further agree as follows:
IOWA DEPARTMENT OF TRANSPORTATION
Federal -aid Agreement
for a Surface Transportation Program Project
Recipient: City of Dubuque
Project No.: STP- 032 - 1(30)- -2C -31
Iowa DOT Agreement No.: 6- 10- STPU -06
This is an agreement between the City of Dubuque, Iowa (hereinafter referred to as the Recipient) and the Iowa
Department of Transportation (hereinafter referred to as the Department). Iowa Code Sections 306A.7 and 307.44
provide for the Recipient and the Department to enter into agreements with each other for the purpose of financing
transportation improvement projects on streets and highways in Iowa with Federal funds. Federal regulations require
Federal funds to be administered by the Department.
The Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETEA -LU), Public Law
109 -59, as amended by the SAFETEA -LU Technical Corrections Act, Public Law 110 -244, reestablished the Surface
Transportation Program (STP), now codified at Section 133(b) of Title 23, United States Code (U.S.C.). This program
makes Federal funds available for construction, reconstruction, rehabilitation, resurfacing, restoration and operational
or safety improvement projects on highways, bridges on any public road, and several other types of projects, as
specified in 23 U.S.C. 133(b). Funding for highways is limited to Federal -aid highways, except that up to 15 percent
of a State's sub - allocation of STP funds for areas with less than 5,000 population may be used for projects on rural
minor collectors. Federal -aid highways include all Federal Functional Classifications, except for rural minor collectors
or local roads.
Pursuant to the terms of this agreement, applicable statutes, and administrative rules, the Department agrees to
provide STP funding to the Recipient for the authorized and approved costs for eligible items associated with the
project.
1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement.
2. All notices required under this agreement shall be made in writing to the appropriate contact person. The
Department's contact person will be the District 6 Local Systems Engineer. The Recipient's contact person
shall be the City Engineer, or their designated representative.
3. The Recipient shall be responsible for the development and completion of the following described STP
project:
Intersection improvements and traffic signals at the intersection of the NW Arterial (IA 32) and Asbury Road.
4. Eligible project activities will be limited to the following: construction, engineering, inspection, and right -of -way
acquisition. Under certain circumstances, eligible activities may also include utility relocation or railroad work
that is required for construction of the project.
5. The Recipient shall receive reimbursement for costs of authorized and approved eligible project activities from
STP funds. The portion of the project costs reimbursed by STP funds shall be limited to a maximum of either
80 percent of eligible costs or the amount stipulated in the
Dubuque Metro Area Transportation Study (DMATS) current Transportation Improvement Program (TIP) and
approved in the current Statewide Transportation Improvement Program (STIP), whichever is less.
6. If the project described in Section 3. drops out of the Dubuque Metro Area Transportation Study (DMATS)
current TIP or the approved current STIP prior to obligation of Federal funds, and the Recipient fails to
reprogram the project in the appropriate TIP and STIP within 3 years, this agreement shall become null and
void.
7. If any part of this agreement is found to be void and unenforceable, the remaining provisions of this
agreement shall remain in effect.
STP Project Agreement
Page 2
8. It is the intent of both parties that no third party beneficiaries be created by this agreement.
9. This agreement shall be executed and delivered in two or more copies, each of which so executed and
delivered shall be deemed to be an original and shall constitute but one and the same agreement.
10. This agreement and the attached Exhibit 1 constitute the entire agreement between the Department and the
Recipient concerning this project. Representations made before the signing of this agreement are not
binding, and neither party has relied upon conflicting representations in entering into this agreement. Any
change or alteration to the terms of this agreement shall be made in the form of an addendum to this
agreement. The addendum shall become effective only upon written approval of the Department and the
Recipient.
IN WITNESS WHEREOF, each of the parties hereto has executed this agreement as of the date shown opposite its
signature below.
By
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Mayor
Title of city official
1, Jeanne F. Schneider , certify that I am the City Clerk of Dubuque, and
that Roy D. Buol , who signed said Agreement for and on behalf of the city was duly
authorized to execute the same by virtue of a formal resolution duly passed and adopted by the city on the 3rd
day of May , 20 10 .
Sign e/%1/,./ . Date
City `Clerk of Dubuque, Iowa
IOWA DEPARTMENT OF TRANSPORTATION
Highway Division
By Date , 20
Kent L. Ellis, P.E.
Local Systems Engineer
District 6
City Signature Block (City Projects Only)
Date May 3 , 20 10
May 3 20 10
November 2008
EXHIBIT 1
General Agreement Provisions for use of Federal Highway Funds on Non - primary Highways
1. General Requirements.
a. The Recipient shall take the necessary actions to comply with applicable State and Federal laws and
regulations. To assist the Recipient, the Department has provided guidance in the Federal -aid Project
Development Guide (Guide) and the Instructional Memorandums to Local Public Agencies (I.M.$) that are
referenced by the Guide. Both are available on -line at: http: / /www.iowadot.gov /local_systems/
publications /im /Ipa_ims.htm. The Recipient shall follow the applicable procedures and guidelines contained in
the Guide and I.M.s in effect at the time project activities are conducted.
b. In accordance with Title VI of the Civil Rights Act of 1964 and associated subsequent nondiscrimination laws,
regulations, and executive orders, the Recipient shall not discriminate against any person on the basis of
race, color, national origin, sex, age, or disability. In accordance with Iowa Code Chapter 216, the Recipient
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 Recipient shall comply with the requirements of Title II of the Americans with Disabilities Act of 1990
(ADA), Section 504 of the Rehabilitation Act of 1973 (Section 504), and the associated Federal regulations
that implement these laws. When pedestrian facilities are constructed, reconstructed, or altered, the
Recipient shall make such facilities compliant with the ADA and Section 504. Pedestrian facilities include
facilities that are designed for pedestrian use, such as pedestrian signals and push buttons, sidewalks, multi-
use trails, curb ramps, and the street surface in the pedestrian crossing area. Alterations are changes to the
structure, grade, function, or use of the pedestrian facility, and include such activities as: full depth pavement
replacement, widening, resurfacing, signal installation, pedestrian signal installation, and other projects of
similar scale and effect. In addition, by signing this agreement, if the Recipient has 50 or more employees, it
certifies one of the following: it has provided ADA compliant curb ramps at all intersections of sidewalks with
public streets under its jurisdiction; it has a transition plan that meets the requirements of 28 CFR 35.150(d),
including provisions for installation of curb ramps at all intersections of sidewalks with public streets under its
jurisdiction; or it is working to develop such a transition plan. If the Recipient does not have a transition plan
or its transition plan does not include curb ramps, the Recipient shall prepare or modify its transition plan to
include curb ramps in accordance with I.M. 1.080, ADA Requirements.
d. The Recipient agrees to indemnify, defend, and hold the Department harmless from any action or liability
arising out of the design, construction, maintenance, placement of traffic control devices, inspection, or use of
this project. This agreement to indemnify, defend, and hold harmless applies to all aspects of the
Department's application review and approval process, plan and construction reviews, and funding
participation.
e. 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 10
days notice to the other party of their intent to seek arbitration. The written notice shall include a precise
statement of the dispute. The Department and the Recipient 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
f. The Office of Management and Budget (OMB) Circular A -133 requires the Department to inform the Recipient
of the appropriate Catalog of Federal Domestic Assistance (CFDA) number and title to be used on the
Schedule of Expenditures of Federal Awards (SEFA) that is required by OMB Circular A -133. CFDA #20.205
and title, "Highway Planning and Construction" shall be used for the Federal funds awarded for this project. If
the Recipient will pay initial project costs and request reimbursement from the Department, the Recipient shall
report this project on its SEFA. If the Department will pay initial project costs and then credit those accounts
from which initial costs were paid, the Department will report this project on its SEFA. In this case, the
Recipient shall not report this project on its SEFA.
2. Federal Authorization.
a. The Recipient shall be responsible for including the project in the appropriate Regional Planning Affiliation
(RPA) or Metropolitan Planning Organization (MPO) Transportation Improvement Program (TIP). The
Recipient shall also ensure that the appropriate RPA or MPO, through their TIP submittal to the Department,
Exhibit 1
Page 2
includes the project in the Statewide Transportation Improvement Program (STIP). If the project is not
included in the appropriate fiscal year of the STIP, Federal funds cannot be authorized.
b. Before beginning any work for which Federal funding reimbursement will be requested, the Recipient shall
contact the Department to obtain the procedures necessary to secure FHWA authorization. The Recipient
shall submit a written request for FHWA authorization to the Department. After reviewing the Recipient's
request, the Department will forward the request to the FHWA for authorization and obligation of Federal
funds. The Department will notify the Recipient when FHWA authorization is obtained. The cost of work
performed prior to FHWA authorization will not be reimbursed with Federal funds.
3. In -House Services.
a. If Federal funding is requested for in -house services, the Recipient shall follow the procedure outlined in I.M.
3.310, Federal -aid Participation in In -House Services. If the Recipient desires to claim indirect costs under
Federal awards, the Recipient shall prepare an indirect cost rate proposal and related documentation in
accordance with the requirements of 2 CFR 225. Before incurring costs for in -house services, such an
indirect cost rate proposal shall be certified by the FHWA or the Federal agency providing the largest amount
of Federal funds to the Recipient.
4. Consultant Services
a. If the Recipient requests Federal funds for consultant services, the Recipient and the Consultant shall prepare
a contract for consultant services in accordance with Title 23, Code of Federal Regulations, Part 172 -
Administration of Negotiated Contracts (23 CFR 172). These regulations require a qualifications -based
selection process. The Recipient shall follow the procedures for selecting and using consultants outlined in
I.M. 3.305, Federal -aid Participation in Consultant Costs.
b. If preliminary engineering is Federally funded, and if the "do nothing" alternate is not selected, and if right -of-
way acquisition for or actual construction of the road is not started by the close of the tenth fiscal year
following the fiscal year in which the Federal funds were authorized, the Recipient shall repay to the
Department an amount equal to the amount of Federal funds made available for such engineering.
5. Environmental Requirements and other Agreements or Permits.
a. The Recipient shall take the appropriate actions and prepare the necessary documents to fulfill the FHWA
requirements for project environmental studies including historical /cultural reviews and location approval. The
Recipient shall complete any mitigation agreed upon in the FHWA approval document.
b. If farmland is to be acquired, whether for use as project right -of -way or permanent easement, the Recipient
shall submit the U.S. Department of Agriculture Farmland Conversion Impact Rating form, when required, to
the U.S. Natural Resources Conservation Service (NRCS).
c. The Recipient shall obtain agreements, as needed, from railroad and utility companies; and shall obtain
project permits and 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, the Department, etc.
d. The Recipient shall comply with the Policy for Accommodating Utilities on City and County Federal -aid
Highway Right of Way, and the Policy for Accommodating Utilities on Primary Road System when on State's
right of way. Certain utility relocation, alteration, adjustment, or removal costs to the Recipient for the project
may be eligible for Federal funding reimbursement. If the Recipient desires Federal reimbursement of these
costs, it shall submit a request for FHWA Authorization prior to beginning any utility relocation work, in
accordance with the procedures outlined in I.M. 3.650, Federal -aid Participation in Utility Relocations
e. In all contracts entered into by the Recipient, and all subcontracts, in connection with this project that exceed
$100,000, the Recipient shall comply with the requirements of Section 114 of the Clean Air Act and Section
308 of the Federal Water Pollution Control Act, and all their regulations and guidelines. In such contracts, the
Recipient shall stipulate that any facility to be utilized in performance of or to benefit from this agreement is
not listed on the Environmental Protection Agency (EPA) List of Violating Facilities or is under consideration
to be listed.
Exhibit 1
Page 3
6. Right -of -Way.
a. The Recipient shall acquire the project right -of -way, whether by lease, easement, or fee title, and shall
provide relocation assistance benefits and payments in accordance with the procedures set forth in I.M.
3.605, Right -of -Way Acquisition, and the Departments Office of Right of Way Local Public Agency Manual.
The Recipient shall contact the Department for assistance, as necessary, to ensure compliance with the
required procedures, even if no Federal funds are used for right -of -way activities. The Recipient shall obtain
environmental concurrence before acquiring any needed right -of -way. With prior approval, hardship and
protective buying is possible. If the Recipient requests Federal funding for right -of -way acquisition, the
Recipient shall also obtain FHWA authorization before purchasing any needed right -of -way.
b. If the project right -of -way is Federally funded and if the actual construction is not undertaken by the close of
the twentieth fiscal year following the fiscal year in which the Federal funds were authorized, the Recipient
shall repay the sum or sums of Federal funds in the right -of -way to the Department.
7. Letting the Project.
a. The project plans, specifications, and project cost estimate (PS &E) shall be prepared and certified by a
Professional Engineer licensed in the State of Iowa. The Recipient shall submit the plans, specifications, and
other contract documents to the Department for review and approval to let the project.
b. The project shall be constructed under the Departments Standard Specifications for Highway and Bridge
Construction. Prior to their use in the PS &E, specifications developed by the Recipient for individual
construction items shall be approved by the Department.
c. The Recipient shall forward a completed Project Development Certification (Form 730002) and final PS &E to
the Department. As a condition for the Department to let the project, the Recipient agrees that the Recipient
has the financial resources to proceed with the project if bids submitted are 110% of the project cost estimate
or less. If the Recipient is a city, the Recipient shall comply with the public hearing requirements of the Iowa
Code section 26.12.
d. If the project is to be accomplished via a contract awarded by competitive bidding, the project will be let by the
Department in accordance with its normal letting procedures. After bids are received and reviewed, the
Department will furnish the Recipient with a tabulation of responsive bids.
e. When let by the Department, the Department will prepare an Iowa DOT Staff Action identifying the lowest
responsive bidder. The Department will mail three originals of the unexecuted contract to the Recipient.
f. The Recipient shall take action to award a contract to the lowest responsive bidder or reject all bids.
Following award of a contract, the Recipient shall forward to the Department two copies of the fully executed
contract, two copies of the performance bond, and two copies of the certificate of insurance.
8. Construction.
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" per 761 IAC 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.
b. If Federal funding is requested for construction performed by local agency forces, the Recipient will follow the
procedures outlined in I.M. 3.810, Federal -aid Construction by Local Agency Forces.
c. The Recipient shall comply with the procedures and responsibilities for materials testing according to
Departments Material I.M.s. The Department will bill the Recipient for testing services according to its normal
policy. The Recipient should use the Department's Construction Manual as a guide for conducting other
construction inspection activities.
Exhibit 1
Page 4
9. Payments.
a. After costs have been incurred, the Recipient may submit to the Department periodic itemized claims for
reimbursement for eligible project costs. Reimbursement claims shall include certification that all eligible
project costs, for which reimbursement is requested, have been paid in full and completed in substantial
compliance with the terms of this agreement.
b. The Department will reimburse the Recipient for properly documented and certified claims for eligible project
costs, less a withholding of 5% of the Federal and / or State share of construction costs. Reimbursement will
be made either by State warrant or by crediting other accounts from which payment was initially made. If,
upon final audit or review, the Department determines the Recipient has been overpaid, the Recipient shall
reimburse the overpaid amount to the Department. After the final audit or review is complete and after the
Recipient has provided all required paperwork, the Department will release the Federal or State funds
withheld.
c. The total funds collected by the Recipient for this project shall not exceed the total project costs. The total
funds collected shall include any Federal or State funds received, and any special assessments made by the
Recipient (exclusive of any associated interest or penalties), pursuant to Iowa Code Chapter 384 (cities) or
Chapter 311 (counties). The total project costs shall include all costs that can be directly attributed to the
project. In the event that the total funds collected by the Recipient does exceed the total project costs, the
Recipient shall either:
1) refund to the assessed property owners the excess special assessments collected (including interest and
penalties associated with the amount of the excess), or
2) refund to the Department all funds collected in excess of the total project costs (including interest and
penalties associated with the amount of the excess) within 60 days of the receipt of any excess funds. In
return, the Department will either credit reimbursement billings to the FHWA or credit the appropriate
State fund account in the amount of refunds received from the Recipient.
10. Project Close -out.
a. Upon completion of the project, a Professional Engineer licensed in the State of Iowa shall certify in writing to
the Department that the project was completed in substantial compliance with the plans and specifications set
out in this agreement. Final reimbursement of Federal funds shall be made only after the Department accepts
the project as complete.
b. The Recipient shall maintain all books, documents, papers, accounting records, reports, and other evidence
pertaining to costs incurred for the project. The Recipient shall also make these materials available at all
reasonable times for inspection by the Department, FHWA, or any authorized representatives of the Federal
Government. Copies of these materials shall be furnished by the Recipient if requested. 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 Department will notify the Recipient of the record retention date.
c. The Recipient shall maintain, or cause to be maintained, the completed improvement in a manner acceptable
to the Department and the FHWA.