Loading...
IA 32 and Asbury Road Turn Lane Improvements Project_IDOT 6 10 USTEP 12Masterpiece 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- USTEP -12 (Iowa DOT Project No. UST -32- 1(31)-- 4A -31) (STP -32- 1(30)-- 2C -31) (CIP 3002029, 2501814, and 2501815) DATE: April 27, 2010 City Engineer Gus Psihoyos recommends City Council approval for the Mayor to execute the Iowa Department of Transportation Urban -State Traffic Engineering Program (U -STEP) Agreement for the IA 32 and Asbury Road Turn Lane Improvement Project. This agreement will provide U -STEP funding in the amount of $110,000 for this project. I 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 Dubuque bitil All- AmmicaClty 2007 Masterpiece on the Mississippi TO: FROM: DATE: SUBJECT: INTRODUCTION BACKGROUND DISCUSSION Michael C. Van Milligen, City Manager Gus Psihoyos, City Engineer April 26, 2010 Dubuque atcaa h il l . ? 2007 IA 32 and Asbury Road Turn Lane Improvements Agreement No. 6- 10- USTEP -12 (Iowa DOT Project No. UST -32- 1(31)- 4A -31) (STP -32- 1(30)- 2C -31) (CIP 3002029, 2501814, and 2501815) The enclosed resolution authorizes the Mayor to execute the Iowa Department of Transportation (Iowa DOT) Urban -State Traffic Engineering Program (U -STEP) agreement number 6- 10- USTEP -12 for IA 32 and Asbury Road Turn Lane Improvements Project. 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. Agreement No. 6- 10- USTEP -12 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 State Urban -State Traffic Engineering Program (U -STEP) funding in the amount of $110,000. RECOMMENDATION I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to sign the state funding agreement for the Urban -State Traffic Engineering Program Project (Agreement No. 6- 10- USTEP -12) 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 State Funding Agreement (Agreement No. 6- 10- USTEP -12) 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. 132 -10 RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION STATE AID FUNDING AGREEMENT (AGREEMENT NO. 6- 10- USTEP -12) FOR THE IA 32 AND ASBURY ROAD TURN LANE IMPROVEMENTS PROJECT. Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the use of Iowa DOT (U -STEP) 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 Iowa DOT U -STEP 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 Urban -State Traffic Engineering Program Funding Agreement (Agreement 6- 10- USTEP -12) 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. Section 2. That the Mayor be authorized and directed to execute two copies of Iowa DOT Urban -State Traffic Engineering Program Funding Agreement (Agreement No. 6- 10- USTEP -12) for the IA 32 and Asbury Road Turn Lane Improvements Project in Dubuque. Attest: Passed, approved and adopted this 3rd 1 eanne F. Schneider, CMC, City Clerk day of May , 2010. 7 tQ. Roy D. Buol, Mayor Iowa Department of Transportation District 6 Office Phone: 319 - 364 -0235 430 Sixteenth Avenue SW FAX: 319 - 364 -9614 P.O. Box 3150, Cedar Rapids, IA 52406 -3150 kent.ellis@dot.iowa.gov April 20, 2010 Robert Schiesl, P.E. City of Dubuque - Engineering Division 50 West 13 Street Dubuque, Iowa 52001 -4864 SUBJECT: USTEP Funding Agreement Dear Bob: I have attached two (2) copies of an agreement between the City of Dubuque and the Iowa Department of Transportation for the above referenced project. The project involves intersection improvements at IA 32 and Asbury Road. Please secure the necessary approvals and signatures of your city council and return both signed copies of the agreement to this office for further processing. After I receive the signed copies of the agreements, I will have the agreements signed by the Iowa DOT personnel and have a fully executed agreement returned to your office. Please contact me if you have any questions concerning this agreement. Sincerely, KLE/ Enclosure (2) Ref: UST -32- 1(31)- -4A -31 Dubuque County City of Dubuque Agreement # 6 -10- USTEP -12 Kent L. Ellis, P. E. District Local Systems Engineer April 2008 IOWA DEPARTMENT OF TRANSPORTATION AGREEMENT FOR URBAN -STATE TRAFFIC ENGINEERING PROGRAM (U -STEP) PROJECT City: Dubuque, Iowa Project No.: UST -32- 1(31)- -4A -31 Iowa Department of Transportation Agreement No.: 6- 10- USTEP -12 Staff Action No.: S- 2009 -0394 This is an agreement between the city of Dubuque, (hereinafter called Recipient) and the Iowa Department of Transportation (hereinafter called Department) to enter into an agreement for joint or cooperative action after appropriate action by ordinance, resolution, or otherwise pursuant to the laws of the governing bodies involved. The Department provides funds through the Urban -State Traffic Engineering Program (U- STEP), a cooperative program for safety or operational improvements on primary road extensions. The Department has made these funds available for reimbursement and will share eligible construction and right -of -way costs in the ratio of 55% Department funds to 45% local funds, up to a maximum amount in Department funds of $200,000 for a "spot improvement" or $400,000 for a "linear improvement ". A "spot improvement" shall mean a limited improvement project such as intersection reconstruction or signalization; and a "linear improvement" shall mean an improvement project such as street or highway widening or reconstruction which spans two or more intersections. The Recipient proposes to develop and complete the following described spot improvement project: Operational and safety improvements at Iowa 32 and Asbury Road intersection, including the addition of turn lanes and a change in traffic signal phasing. Pursuant to the terms of this agreement, applicable statutes, and Administrative Rules, the Department agrees to provide U -STEP funding to the Recipient for the authorized and approved costs for eligible items associated with project improvements as described above. In consideration of the foregoing and the mutual promises contained in this agreement, the parties agree as follows: 1. The Recipient shall be the lead local governmental agency for carrying out the provisions of this agreement and shall be responsible for the development and completion of the U -STEP project. 2. All notices required under this agreement shall be made in writing to the Department and the Recipient's contact person. The Department's contact person shall be the District 6 Local Systems Engineer. The Recipient's contact person shall be the City Engineer, or their designated representative. 3. The estimated total of eligible construction and right -of -way cost for this project is $110,000. If, upon completion of final plans, the Recipient's cost estimate exceeds the preliminary total estimate contained herein by 20% or more, the increased cost must be approved by the Department prior to advertisement for bids. Extra work, requested subsequent to the contract letting, must also be approved by the Department prior to commencement of the extra work. U -STEP Agreement Page 2 4. If any part of this agreement is found to be void and unenforceable, then the remaining provisions of this agreement shall remain in effect. 5. This agreement is not assignable without the prior written consent of the Department. 6. This agreement, and the attached Exhibit A and Exhibit B, constitutes the entire agreement between the Department and the Recipient. No representations, promises, or warranties have been made by either party that is not fully expressed in this agreement. Any change or alteration to the terms of this agreement must be made in the form of an addendum to this agreement which shall be effective only upon written approval of the Department and the Recipient. 7. The Recipient and the Department have previously entered into the following agreements for the above referenced project: 6- 10- STPU -07 Surface Transportation Program (STP), 2009 -TS -017 Traffic Safety Improvement Program (TSIP) and 6-10 - ICAAP-11 Iowa Clean Air Attainment Program (ICAAP). All previously executed agreements shall remain in effect except as amended herein. IN WITNESS WHEREOF, each of the parties hereto has executed this Agreement as of the date shown opposite its signature below: City: (City By: Title Jeanne F. Schneider (City Name), and that Roy D. Buol , who signed said Agreement for and on behalf of the Recipient was duly authorized to execute the same by virtue of a formal resolution duly passed and adopted by the Recipient, on the 3rd day of May 2010 Signed rnAL„, Mayor ty Clerk of (City Name), Iowa IOWA DEPARTMENT OF TRANSPORTATION Highway Division Date Date May 3 , 2010 , certify that I am the Clerk of the city of Dubuque May 3 2010 By: Date , P.E. Local Systems Engineer District April 2008 EXHIBIT A Standard Provisions for U -STEP or C-STEP Project Agreements 1. 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. 2. The Recipient shall use positive efforts to solicit bids from and to utilize Targeted Small Business (TSB) enterprises as contractors and ensure that the contractors make positive efforts to utilize these enterprises as subcontractors, suppliers, or participants in the work covered by this agreement. Efforts shall be made and documented in accordance with Exhibit B. 3. 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, etc. 4. If right -of -way must be acquired for the project, the Recipient shall negotiate and secure the necessary right -of -way using the most appropriate of the following methods: A. When right -of -way is to be acquired, before acquisition procedures are begun, the Recipient shall meet staff from the Department's Office of Right of Way (ROW) to assure compliance with the U.S. Code, the Iowa Code, and 761 Iowa Administrative Code (IAC) Chapter 111; and determine what parcels, if any, are to be acquired in the name of the Department and what parcels, if any, in the name of the Recipient. B. Should eminent domain proceedings be required, the Recipient will condemn or appeal in the name of the Recipient or the Department, whichever applies. The project letting may not be held until the Recipient has certified that the right -of -way has been acquired. Upon completion of the acquisition for each parcel, all original documents for the acquisition shall be delivered to and become the property of the Department. C. The Recipient will meet with the Department's Office of Right of Way staff to determine who shall be responsible for demolition and /or property management functions. D. In accordance with 761 IAC Section 150.3(1)(b), the Recipient will be responsible for providing, without cost to the Department or the project, all right -of -way which involves dedicated streets or alleys, and other Recipient -owned lands, easements, and rights in land except park lands, subject to the condition that the Department will reimburse the Recipient for the value of improvements situated on said Recipient -owned lands if any. The Recipient has apprised itself of the value of these lands and, as a portion of its participation in the project, voluntarily agrees to make such lands available without further compensation. 5. The Recipient as well as its 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 reasonable times during the Agreement period and for 3 years from the date of the final payment under the Agreement, for inspection by the Department. 6. The Recipient shall be responsible for obtaining all applicable permits from the Department, such as the Right to Occupy and/or Perform Work Within the Department's Right -of -Way, Permit of Access , Utility Accommodation, Right to Install and Maintain Traffic Control Devices, and /or other construction permits required for the project prior to advertisement for bids. 7. For projects let by the Department, the Recipient shall submit to the District an acceptable Project Development Certificate (Form 730002), plans, specifications, and cost estimate by the dates specified in the most current edition of Instructional Memorandum (I.M.) 3.005, Project Development Submittal Dates and Information. The Recipient shall also follow the Department's Exhibit A Page 2 letting procedures. For projects let by the Recipient, the Project Development Certificate, plans, specifications, and cost estimate shall be submitted to the District at least 4 weeks prior to advertisement for bids. 8. Upon Department acceptance of the Project Development Certificate, final plans, proposal forms, specifications, and cost estimate, the Department will give the Recipient a written notice to proceed with the project. If the project will be let by the Recipient, advertisement for bids shall not be made until a written notice to proceed is received from the Department. After receiving the Department's approval, the Recipient shall advertise for bidders, hold a public letting, and provide adequate supervision for the construction work performed under the contract. The Recipient shall submit 2 copies of the bid tabulations and the letting documents to the Department for concurrence prior to formal action in the award of the contract. 9. If the Recipient lets the project, as described herein, the Recipient shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code section 423.3, subsection 80. The Recipient shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The Recipient shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project free of sales tax. 10. The project must be let to contract within 2 years of the date this agreement is approved by the Department. If not, the Recipient may be in default, for which the Department may revoke funding commitments. This agreement may be extended for a period of 6 months upon receipt of a written request from the Recipient at least 30 days prior to the 2 year deadline. 11. The Recipient will be responsible for the initial costs of the construction. The Recipient shall prepare and submit to the Department a detailed billing statement of materials, installation, and construction costs incurred by the Recipient. Billing statements may be submitted periodically during progress of the work. Design, inspection, and administration costs will be the responsibility of the Recipient. If said statement and documentation are in proper form, the Department will promptly reimburse the Recipient for eligible project costs, less a withholding equal to 5% of the State share of construction costs, taking into account the limitations as stated in the agreement. 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 State funds withheld. 12. Signs and other traffic control devices necessary for construction of the project shall be in accordance with the Manual on Uniform Traffic Control Devices for Streets and Highways (MUTCD) 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. 13. If a detour is necessary, the Recipient will designate and sign the route at no cost to the project. The Department will cooperate if primary highways are involved. 14. Parking shall be prohibited on the minor street approaches for a distance of 35 feet in advance of the stop signs and /or crosswalks and on the exit sides of the minor streets for a distance of 35 feet beyond the stop signs and /or crosswalks. These parking restrictions shall go into effect at such time as the project is completed and opened to through traffic. 15. Upon completion of the project, the Recipient's engineer will certify that the project was completed in substantial compliance with the plans and specifications set out in this agreement before receiving final reimbursement of Department funds. 16. The Recipient shall provide to the Department 3 copies of the "as- built" project plans, within 6 months after the project is built. Exhibit A Page 3 17. The Recipient shall have ownership of traffic signals constructed with this project and shall operate them at its expense so long as signal protection is considered by either party as necessary at said location. If considered by both parties as no longer necessary at said location, the signals are to be removed by the Recipient at the Recipient's expense, and may be installed at another location acceptable to both parties and shall be owned and operated at the expense of the Recipient. 18. The Recipient shall submit a final detailed billing statement to the Department no later than 1 year after the date the Department concurs in the acceptance of the completed construction. If a final detailed billing statement is not submitted to the Department by the Recipient in the 1 year period, the Department will close the project's financial records without making additional reimbursement to the Recipient unless a time extension is requested. The time extension should be requested in writing by the Recipient and approved by the Department, at least 30 days prior to the 1 year deadline. 19. The Recipient agrees to indemnify, defend, and to 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. 20. 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 must 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 for arbitration. November 2005 EXHIBIT B UTILIZATION OF TARGETED SMALL BUSINESS (TSB) ENTERPRISES ON NON - FEDERAL AID PROJECTS (THIRD -PARTY STATE - ASSISTED PROJECTS) In accordance with Iowa Code Section 19B.7 and 541 Iowa Administrative Code (IAC) Chapter 4, it is the policy of the Iowa Department of Transportation (Iowa DOT) that Targeted Small Business (TSB) enterprises shall have the maximum practicable opportunity to participate in the performance of contracts financed in whole or part with State funds. Under this policy the Recipient shall be responsible to make a positive effort to solicit bids or proposals from TSB firms and to utilize TSB firms as contractors or consultants. The Recipient shall also ensure that the contractors or consultants make positive efforts to utilize TSB firms as subcontractors, subconsultants, suppliers, or participants in the work covered by this agreement. The Recipient's "positive efforts" shall include, but not be limited to: 1. Obtaining the names of qualified TSB firms from the Iowa Department of Inspections and Appeals (515- 281 -7357) or from its website at: http : / /www.iowai.net/iowa /dia /tsb 2. Notifying qualified TSB firms of proposed projects involving State funding. Notification should be made in sufficient time to allow the TSB firms to participate effectively in the bidding or request for proposal (RFP) process. 3. Soliciting bids or proposals from qualified TSB firms on each project, and identifying for TSB firms the availability of subcontract work. 4. Considering establishment of a percentage goal for TSB participation in each contract that is a part of this project and for which State funds will be used. Contract goals may vary depending on the type of project, the subcontracting opportunities available, the type of service or supplies needed for the project, and the availability of qualified TSB firms in the area. 5. For construction contracts: a. Including in the bid proposals a contract provision titled "TSB Affirmative Action Responsibilities on Non - Federal Aid Projects (Third -Party State - Assisted Projects)" or a similar document developed by the Recipient. This contract provision is available on -line at: http: / /www. dot. state. ia. us /local_ systems / publications /tsb_contract_provisi on. pdf b. Ensuring that the awarded contractor has and shall follow the contract provisions. 6. For consultant contracts: a. Identifying the TSB goal in the Request for Proposal (RFP), if one has been set. b. Ensuring that the selected consultant made a positive effort to meet the established TSB goal, if any. This should include obtaining documentation from the consultant that includes a list of TSB firms contacted; a list of TSB firms that responded with a subcontract proposal; and, if the consultant does not propose to use a TSB firm that submitted a subcontract proposal, an explanation why such a TSB firm will not be used. The Recipient shall provide the Iowa DOT the following documentation: 1. Copies of correspondence and replies, and written notes of personal and /or telephone contacts with any TSB firms. Such documentation can be used to demonstrate the Recipient's positive efforts and it should be placed in the general project file. 2. Bidding proposals or RFPs noting established TSB goals, if any. 3. The attached "Checklist and Certification." This form shall be filled out upon completion of each project and forwarded to: Iowa Department of Transportation, EEO Administrator, Office of Contracts, 800 Lincoln Way, Ames, IA 50010. November 2005 CHECKLIST AND CERTIFICATION For the Utilization of Targeted Small Businesses (TSB) On Non - Federal -aid Projects (Third -Party State - Assisted Projects) Recipient: Project Number: County: Agreement Number: 1. Were the names of qualified TSB firms obtained from the Iowa Department of Inspections and Appeals? ❑ YES ❑ NO If no, explain 2. Were qualified TSB firms notified of project? ❑ YES ❑ NO If yes, by ❑ letter, ❑ telephone, ❑ personal contact, or ❑ other (specify) If no, explain 3. Were bids or proposals solicited from qualified TSB firms? ❑ YES ❑ NO If no, explain 4. Was a goal or percentage established for TSB participation? ❑ YES ❑ NO If yes, what was the goal or percentage? If no, explain why not: 5. Did the prime contractor or consultant use positive efforts to utilize TSB firms on subcontracts? ❑ YES ❑ NO If no, what action was taken by Recipient? Is documentation in files? ❑ YES ❑ NO 6. What was the dollar amount reimbursed to the Recipient from the Iowa Department of Transportation? $ What was the final project cost? $ What was the dollar amount performed by TSB firms? $ Title Signature Name(s) and address(es) of the TSB firm(s) (Use additional sheets if necessary) Was the goal or percentage achieved? ❑ YES ❑ NO If no, explain As the duly authorized representative of the Recipient, I hereby certify that the Recipient used positive efforts to utilize TSB firms as participants in the State - assisted contracts associated with this project. Date