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