IDOT_US 151/61 Capacity ImprovementsMasterpiece on the Mississippi
TO: The Honorable Mayor and City Council Members
FROM: Michael C. Van Milligen, City Manager
SUBJECT: US 61/151 Corridor Project
Iowa DOT Agreement No. 2011 -16 -123
(Iowa DOT Project No. NHSN- 061 - 8(124)-- 2R -31)
(CIP 3002028)
DATE: March 29, 2011
Dubuque
AN- America city
11111 !
2007
City Engineer Gus Psihoyos recommends City Council approval of the Iowa Department
of Transportation Cooperative Agreement for Primary Road Project as it relates to the
US 61/151 Corridor Project and the construction of a southbound right -turn lane on US
61/151 at Lake Eleanor Road.
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
Mich el C. Van Milligen
Masterpiece on the Mississippi
TO: Michael C. Van Milligen, City Manager
FROM: Gus Psihoyos, City Engineer
DATE: March 26 2011
INTRODUCTION
BACKGROUND
US 151/61 at US 52
SUBJECT: US 61/ 151 Corridor Project
Iowa DOT Agreement No. 2011 -16 -123
(Iowa DOT Project No. NHSN- 061 - 8(124)-- 2R -31)
(CIP 3002028)
Dubuque
kraal
All- Amelcacity
1111 F
2007
The enclosed resolution authorizes the Mayor to execute the Iowa Department of
Transportation (Iowa DOT) Cooperative Agreement for Primary Road Project as it relates to
the US 61/151 Corridor Project and the construction of a southbound right -turn lane on US
61/151 at Lake Eleanor Road.
In 2004 the Howard R. Green Company completed a Traffic Engineering Assistance
Program (TEAP) study that identified several alternatives to improve the operation and
efficiency of the intersection of US Highway 61/151 and Maquoketa Drive in Dubuque. In
2005 HR Green submitted a large ICAAP grant application on behalf of the City; and
unfortunately, it was not selected for funding. The City revised the improvements and
focused on smaller projects aimed to reduce delay and emissions at the two existing
intersections along this corridor.
The following improvements are included within the Iowa DOT Agreement No. 6- 11- STPU -02
Surface Transportation funding agreement which was approved by City Council on March 7
2011 (Res. 68 -11).
• Reconstruct entire signal.
• New control cabinet on the northeast side of intersection (by Hardee's).
• Build signals with future geometric improvements including dedicated protected -only left -,
through- and right -turn movements for the side streets. This would eliminate the current
split phasing.
• New microwave vehicle detection for all approaches.
US 151/61 at Maquoketa Drive
• Reconstruct entire signal.
• New control cabinet on the northeast side.
• New microwave vehicle detection for all approaches.
Lake Eleanor Road
• Add southbound right -turn lane.
Additional ITS Improvements
• Fiber optic communications between the two signals (approximately 2,500 feet). This
communications line will allow the signal to be interconnected.
• Traffic sensors midway between signals to monitor movements and to accumulate traffic
counts.
• A camera at each intersection for monitoring of signal operation.
• As part of the cable television franchise agreement, the City has fiber optics installed within
several blocks of these intersections. A portion of this project would include connecting
these two signals to that fiber so that the City could remotely monitor and adjust the signals
from City Hall.
DISCUSSION
This Iowa DOT Agreement (2011 -16 -123) relates specifically to the construction of a
southbound right -turn lane (Hot Mix Asphalt [HMA]) on US 61/151 at Lake Eleanor Road.
(Note attached agreement and map.) The Iowa DOT shall contribute up to an estimated
$55,000 toward these project costs.
RECOMMENDATION
I recommend that the City Council adopt the enclosed resolution and authorize the Mayor to
sign the Iowa Department of Transportation (Iowa DOT) Cooperative Agreement for Primary
Road Project (Iowa Agreement No. 2011 -16 -123) as it relates to the US 61/151 Corridor
Project (Iowa DOT Project No. NHSN- 061 - 8(124)-- 2R -31) and the construction of a
southbound right -turn lane on US 61/151 at Lake Eleanor Road.
BUDGET IMPACT
The project funding summary is as follows:
ICAAP Funding $ 400,000
STP Funding (Maximum 80% of Eligible Items) 254,546
3R Funding (Lake Eleanor Right -Turn Lane) 55,000
USTEP Funding 232,350
3002028 US 151/61 Corridor 190,104
Total Project Funding $1,132,000
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 (Iowa DOT) Cooperative Agreement for
Primary Road Project (Iowa Agreement No. 2011 -16 -123) as it relates to the US 61/151
Corridor Project (Iowa DOT Project No. NHSN- 061 - 8(124)-- 2R -31) and the construction of a
southbound right -turn lane on US 61/151 at Lake Eleanor Road.
cc: Chandra Ravada, ECIA
Julie Neebel, IIW Engineers & Surveyors, PC
Jenny Larson, Budget Director
Robert Schiesl, Assistant City Engineer
RESOLUTION NO. 107-11
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO.
2011 -16 -123) BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the
use of 3R Primary Road funds for the US 61/151 Corridor Project;
Whereas, the US 61/151 Corridor Project will provide for the following
improvements: New traffic signalizations on US 61/151 at the intersections of
Maquoketa Drive, Twin Valley Drive, and US 52; and the widening and HMA resurfacing
on US 61/151 and at each intersection.
Whereas, the 3R Primary Road funds will be eligible to complete said
improvements for the construction of a southbound right -turn lane (Hot Mix Asphalt) on
US 61/151 at Lake Eleanor Road as part of the US 61/151 Corridor 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 Cooperative Agreement for Primary
Road Project (Agreement 2011 -16 -123) between the City of Dubuque and the Iowa
Department of Transportation be approved for construction of a southbound right -turn
lane (Hot Mix Asphalt) on US 61/151 at Lake Eleanor Road as part of the US 61/151
Corridor Project, within Dubuque County, Iowa.
Section 2. That the Mayor be authorized and directed to execute two copies of
Iowa DOT Cooperative Agreement for Primary Road Project (Agreement 2011 -16 -123)
for the US 61/151 Corridor Project in Dubuque.
Atte
Passed, approved and adopted this 4th day of Ap , 2011.
40
anne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
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Phone: (563) 589 -4270
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Du buque City Limits
( Iowa Department of Transportation
IIIIP District 6 Office PHONE: 319 -364 -0235
430 Sixteenth Avenue SW FAX: 319 -364 -9614
Cedar Rapids, IA 52406 -3150
March 16, 2011
Mr. Gus Psihoyos, P. E.
City Engineer
City of Dubuque
50 West 13 Street /Second Floor
Dubuque, Iowa 52001 -4864
Ref: NHSN- 061 - 8(124) -2R -31
Dubuque County
City of Dubuque
Agreement No. 2011 -16 -123
SUBJECT: Agreement 2011 -16 -123 Final (Pavement Grade & New on US 61 /Eleanor Road
Intersection)
Dear Mr. Psihoyos:
Attached are 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 construction of a
southbound right -turn lane (Hot Mix Asphalt[HMA]) on US 61/151 at Lake Eleanor Road within the
City of Dubuque.
Please secure the necessary approvals and signatures of the appropriate City of Dubuque officials and
return both signed copies of the agreement to this office for further processing. An original of the
fully executed agreement will be forwarded to the City of Dubuque after final signature by our
department.
If you have any questions concerning this agreement, please contact me at the above listed phone
number.
JRS /sjb
Enclosures (2)
Sincerely
9P
1J
James R. Schnoebelen, P. E.
District 6 Engineer
March 2010
Therefore, it is agreed as follows:
1. Project Information
2011- 16- 123_Dubuque_03162011.docx 1
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County
City
Project No.
Iowa DOT
Agreement No.
Staff Action No.
Dubuque
Dubuque
NHSN- 061 - 8(124)- -2R -31
2011 -16 -123
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT ", and the city of Dubuque, Iowa, a Local Public Agency, hereafter designated the
"LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable;
The LPA proposes to establish or make improvements to U.S. 61/151 within Dubuque County, Iowa; and
The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided;
and
This Agreement reflects the current concept of this project which is subject to modification by mutual
agreement between the LPA and the DOT; and
a. The LPA shall be the lead local governmental agency for carrying out the provisions of this
agreement.
b. All notices required under this agreement shall be made in writing to the DOT's and /or the LPA's
contact person. The DOT's contact person shall be the District 6 Assistant Engineer. The LPA's
contact person shall be the City Engineer or their designated representative.
c. The LPA shall be responsible for the development and completion of the following described primary
highway project:
Construction of a southbound right -turn lane (Hot Mix Asphalt [HMA]) on U.S. 61/151 at Lake
Eleanor Road. See Exhibit A for project location.
2. Project Costs
a. The LPA shall be responsible for all costs associated with the project design and contract
administration.
b. The DOT shall contribute an estimated $55,000 toward the project costs which represents
construction costs for the right -turn lane. The actual amount of DOT reimbursement will be
determined by the quantities in place and the accepted bid at the contract letting. See Exhibit B for
project cost estimate.
March 2010
3. Environmental, Right -of -Way, Permits and Other Requirements
a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Right to
Occupy and /or Perform Work Within the Right -of -Way, Permit of Access, Utility Accommodation,
Right to Install and Maintain Traffic Control Devices, or other construction permits required for the
project prior to the start of construction. Neither the approval of funding nor the signing of this
Agreement shall be construed as approval of any required permit from the DOT.
b. The LPA shall obtain all project permits and / or 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, or other
State or Federal agencies as may be required.
c. If right -of -way is required for the project, the LPA shall acquire the necessary right -of -way in
accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and
Relocation Assistance. The LPA shall submit preliminary right -of -way plans to the DOT's Office of
Right -of -way for review and approval prior to the commencement of any acquisition.
d. Additionally, the portions right -of -way acquired for improvements to the Primary Road System shall
be acquired in the name of the State of Iowa. The LPA will properly close the sale of each parcel and
shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation
documents (for state right of way).
e. If the project requires utility relocations, subject to the approval of and without expense to the DOT,
the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or
removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics
lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water
intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or
publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are
located within the limits of an established street or alley and which will interfere with construction of
the project and the clear zone. All utility relocations shall be accomplished in accordance with the
DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115.
f. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
4. Project Design
a. The LPA or its consultant shall be responsible for the design of all proposed improvements.
b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a
Professional Engineer licensed to practice in the State of Iowa.
c. All proposed highway or street improvements shall be designed using good engineering judgment
and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on
Geometric Design of Highways and Streets ", (latest edition).
2011- 16- 123_Dubuque_03162011.docx 2
March 2010
d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and
Highways ", by the Federal Highway Administration, as adopted by DOT, as per 761 Iowa
Administrative Code, Chapter 130.
5. Bid Letting
a. The LPA shall submit the plans, specifications, and all other contract documents for review and
approval prior to letting by the LPA. The project may be submitted for letting in phases, in the order of
preference as determined by the LPA. The DOT shall review said submittal(s) recognizing the LPA's
development schedule and shall, after satisfactory review, authorize in writing the LPA to proceed
with implementation of the project.
b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with
applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a
good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the
project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall
provide the DOT file copies of project letting documents within five (5) days after letting.
c. The LPA 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 LPA shall be responsible for
obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance.
The LPA 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.
6. Construction & Maintenance
a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a
daily log of materials, equipment, and labor used on the project.
b. The LPA shall comply with the procedures and responsibilities for materials testing and construction
inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction
Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT
will bill the LPA for testing services according to its normal policy.
a. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put into effect.
b. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to
alteration of the grade lines of the new highway facilities constructed under the project in accordance
with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to
properties that may occur as a result of the project.
c. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections
150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the
existing primary highway right of way. The LPA will also prevent the erection and /or placement of any
structure or obstruction on said right of way or any additional right of way which is acquired for this
project including but not limited to private signs, buildings, pumps, and parking areas.
d. With the exception of service connections no new or future utility occupancy of project right -of -way,
nor any future relocations of or alterations to existing utilities within said right -of -way (except service
connections), will be permitted or undertaken by the LPA without the prior written approval of the
2011- 16- 123_Dubuque_03162011.docx 3
•
March 2010
DOT. All work will be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
e. New lighting and /or traffic signal construction for this project shall be provided under guidelines
established in 761 Iowa Administrative Code Chapter 150. The LPA shall construct traffic signal
installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and
responsibility for future energy and maintenance costs of those lighting and /or traffic signal units
which lie within the corporate boundaries.
f. Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
g.
After the project construction is complete and prior to final acceptance of the project by the DOT, the
LPA shall furnish three sets of "as- built" plans to the DOT's contact person.
h. Future maintenance of the primary highway within the project area will be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
7. Traffic Control
a. U.S. 61/151 through- traffic will be maintained during the construction.
b. 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" as per 761
Iowa Administrative Code, 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.
8. Payments and Reimbursements
a. The LPA shall be responsible for making initial payments for all project costs incurred in the
development and construction of the project. After payments have been made, the LPA may submit
to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement
claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa
that all eligible project activities for which reimbursement is requested have been paid in full and
completed in substantial compliance with the terms of this agreement.
b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project
activity costs, less a withholding of 5% of the Federal and / or State share of construction costs, either
by state warrant or by crediting other accounts from which payment may have been initially made. If
upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the
overpaid amount to the DOT. After the final audit or review is complete and after the LPA has
provided all required paperwork, the DOT will release the Federal or State funds withheld.
c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall
certify in writing to the DOT that the project activities were completed in substantial compliance with
the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal
funds shall be made only after the DOT accepts the project as complete.
9. General Provisions
a. The LPA shall maintain records, documents, and other evidence in support of the work performed
under the terms of this agreement. All accounting practices applied and all records maintained will be
2011- 16- 123_Dubuque_03162011.docx 4
March 2010
in accordance with generally accepted accounting principles and procedures. Documentation shall be
made available for inspection and audit by authorized representatives of the DOT and / or the Federal
Highway Administration (FHWA), or their designees at all reasonable times.. The LPA shall provide
copies of said records and documents to the DOT upon request. The LPA shall also require its
contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work
materials, records, and any other data with regard to agreement related costs, revenues and
operating sources. 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 DOT will notify the LPA of
the record retention date.
b. In accordance with Iowa Code Chapter 216, the LPA 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 LPA agrees to indemnify, defend and hold the DOT 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
DOT's application review and approval process, plan and construction reviews, and funding
participation.
d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
e. This agreement is not assignable without the prior written consent of the DOT.
f. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
g. 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 ten (10) days notice to the other party of their intent to seek arbitration. The written
notice must include a precise statement of the disputed question. The DOT and the LPA 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.
h. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
i. This Agreement, and the attached Exhibits, as well as the unaffected provisions of any previous
agreement(s), addendum(s), and /or amendment(s); represents the entire Agreement between the
LPA and DOT regarding this project. All previously executed agreements will remain in effect except
as amended herein. Any subsequent change or modification to the terms of this Agreement will be in
the form of a duly executed amendment to this document.
2011- 16- 123_Dubuque_03162011.docx 5
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2011 -16 -123 as of the
date shown opposite its signature below.
CITY OF DUBUQUE:
By: Date , 20_
Title: Mayor
I, , certify that I am the Clerk of the City, and that
who signed said Agreement for and on behalf of the City was duly authorized to execute the same on
the day of , 20
Signed:
City Clerk of Dubuque, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By: Date , 20_
James R. Schnoebelen
District Engineer
District 6
e
Construct SB Right -turn Lane
MP 185.57
Project Location Map
NHSN -061 - 8(124)- -2R -31
City of Dubuque, Iowa
EXHIBIT A
Estimated Project Costs
2011-16-123 Dubuque_03162011.docx
EXHIBIT B
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EXHIBIT B
Iowa Department of Transportation
NIP District 6 Office OFFICE: 319 -364 -0235
430 Sixteenth Avenue SW FAX: 319 - 364 -9614
Cedar Rapids, IA 52404
April 20, 2011
Mike VanMilligan -City Administrator
City of Dubuque
50 West 13 Street
Dubuque, Iowa 52001
Ref: NHSN- 061 - 8(124) -2R -31
Dubuque County
City of Dubuque
Agreement No. 2011 -16 -123
SUBJECT: Agreement 2011 -16 -123 FINAL (Hot Mix Asphalt {BMA }) on US 61/151 at
Lake Eleanor Road.
Dear Mr. VanMilligan:
Attached is your original of the fully executed agreement between the City of Dubuque and the Iowa
Department of Transportation for the above referenced project. The project involves construction of
a southbound right -turn lane (Hot Mix Asphalt [BMA]) on US 61/151 at Lake Eleanor Road within
the City of Dubuque.
Thank you for your cooperation in the processing of this agreement.
Sincerely,
clu.k.gataa.
James R. Schnoebelen, P. E.
District Engineer
JRS /sjb
Attachment
cc: Kenneth A. Yanna, P.E. Assistant District Engineer, Iowa DOT, Cedar Rapids
Bruce Kuehl, P. E. District Construction Engineer, Iowa DOT, Cedar Rapids
Sam Shea, Transportation Planner, Iowa DOT- Davenport
Doug Heeren, Eng. Tech Sr., Iowa DOT -Cedar Rapids
Heather Gugler, Eng. Tech Sr., Iowa DOT -Cedar Rapids
Art Gourley, P. E. Dyersville Area Office -Iowa DOT - Dyersville
John Wilson, DMM -Iowa DOT -Cedar Rapids
Kent Ellis, P. E., Local Systems Engineer -Iowa DOT- Cedar-Rapids.
Jim Boyd, District Local Systems Tech -Iowa DOT -Cedar Rapids
Steve Lueck, EOT- Dyersville Area Office - Dyersville
March 2010
IOWA DEPARTMENT OF TRANSPORTATION
Cooperative Agreement
For Primary Road Project
County Dubuque
City Dubuque
Project No. NHSN- 061 - 8(124)- -2R -31
Iowa DOT
Agreement No.
Staff Action No.
2011 -16 -123
S -2011 -0647
This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter
designated the "DOT ", and the city of Dubuque, Iowa, a Local Public Agency, hereafter designated the
"LPA" in accordance with Iowa Code Chapters 28E, 306, 306A and 313.4 as applicable;
The LPA proposes to establish or make improvements to U.S. 61/151 within Dubuque County, Iowa; and
The LPA and the DOT are willing to jointly participate in said project, in the manner hereinafter provided;
and
This Agreement reflects the current concept of this project which is subject to modification by mutual
agreement between the LPA and the DOT; and
Therefore, it is agreed as follows:
1. Project Information
a. The LPA shall be the lead local governmental agency for carrying out the provisions of this
agreement.
b. All notices required under this agreement shall be made in writing to the DOT's and /or the LPA's
contact person. The DOT's contact person shall be the District 6 Assistant Engineer. The LPA's
contact person shall be the City Engineer or their designated representative.
c. , The LPA shall be responsible for the development and completion of the following described primary
highway project:
Construction of a southbound right -turn Zane (Hot Mix Asphalt [HMA]) on U.S. 61/151 at Lake
Eleanor Road. See Exhibit A for project location.
2. Project Costs
a. The LPA shall be responsible for all costs associated with the project design and contract
administration.
b. The DOT shall contribute an estimated $55,000 toward the project costs which represents
construction costs for the right -turn lane. The actual amount of DOT reimbursement will be
determined by the quantities in place and the accepted bid at the contract letting. See Exhibit B for
protect cost estimate.
2011- 16- 123_Dubuque_03162011.docx 1
March 2010
3. Environmental, Right -of -Way, Permits and Other Requirements
a. The LPA shall be responsible for obtaining any necessary permits from the DOT, such as the Right to
Occupy and /or Perform Work Within the Right -of -Way, Permit of Access, Utility Accommodation,
Right to Install and Maintain Traffic Control Devices, or other construction permits required for the
project prior to the start of construction. Neither the approval of funding nor the signing of this
Agreement shall be construed as approval of any required permit from the DOT.
b. The LPA shall obtain all project permits and / or 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, or other
State or Federal agencies as may be required.
c. If right -of -way is required for the project, the LPA shall acquire the necessary right -of -way in
accordance with 761 Iowa Administrative Code Chapter 111, Real Property Acquisition and
Relocation Assistance. The LPA shall submit preliminary right -of -way plans to the DOT's Office of
Right -of -way for review and approval prior to the commencement of any acquisition.
d. Additionally, the portions right -of -way acquired for improvements to the Primary Road System shall
be acquired in the name of the State of Iowa. The LPA will properly close the sale of each parcel and
shall furnish the DOT copies of all completed contracts, deeds, conveyances and condemnation
documents (for state right of way).
e. If the project requires utility relocations, subject to the approval of and without expense to the DOT,
the LPA agrees to perform or cause to be performed all relocations, alterations, adjustments or
removals of existing utility facilities, including but not limited to power, telephone lines, fiber optics
lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water
intakes, sanitary sewers, and related poles, installations and appurtenances, whether privately or
publicly owned, and all parking meters, traffic signals and other facilities or obstructions which are
located within the limits of an established street or alley and which will .interfere with construction of
the project and the clear zone. All utility relocations shall be accomplished in accordance with the
DOT's Utility Accommodation Policy, as set forth in 761 Iowa Administrative Code, Chapter 115.
f. If the LPA has completed a Flood Insurance Study (FIS) for an area which is affected by the
proposed Primary.Highway project and the FIS is modified, amended or revised in an area affected
by the project after the date of this Agreement, the LPA shall promptly provide notice of the
modification, amendment or revision to the DOT. If the LPA does not have a detailed Flood Insurance
Study (FIS) for an area which is affected by the proposed Primary Highway project and the LPA does
adopt an FIS in an area affected by the project after the date of this Agreement, the LPA shall
promptly provide notice of the FIS to the DOT.
4. Project Design
a. The LPA or its consultant shall be responsible for the design of all proposed improvements.
b. The project plans, specifications and engineer's cost estimate shall be prepared and certified by a
Professional Engineer licensed to practice in the State of Iowa.
C. All proposed highway or street improvements shall be designed using good engineering judgment
and the American Association of State Highway and Transportation Officials (AASHTO) "Policy on
Geometric Design of Highways and Streets ", (latest edition).
2011- 16- 123_Dubuque_03162011.docx 2
March 2010
d. The project design shall comply with the "Manual on Uniform Traffic Control Devices for Streets and
Highways ", by the Federal Highway Administration, as adopted by DOT,' as per 761 Iowa
Administrative Code, Chapter 130.
5. Bid Letting
a. The LPA shall submit the plans, specifications, and all other contract documents for review and
approval prior to letting by the LPA. The project may be submitted for letting in phases, in the order of
preference as determined by the LPA. The DOT shall review said submittal(s) recognizing the LPA's
development schedule and shall, after satisfactory review, authorize in writing the LPA to proceed
with implementation of the project.
b. For portions of the project let to bid, the LPA shall conduct the project bid letting in compliance with
applicable laws, ordinances, and administrative rules. The LPA shall advertise for bidders, make a
good faith effort to get at least three (3) bidders, hold a public letting and award contracts for the
project work. DOT concurrence in the award must be obtained prior to the award. The LPA shall
provide the DOT file copies of project letting documents within five (5) days after letting. .
c. The LPA 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 LPA.shall be responsible for
obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance.
The LPA 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.
6. Construction & Maintenance
a. The LPA shall be responsible for the daily inspection of the project, including the compilation of a
daily log of materials, equipment, and labor used on the project.
b. The LPA shall comply with the procedures and responsibilities for materials testing and construction
inspection according to DOT's Materials Instructional Memorandums (I.M.'s) and the Construction
Manual. If requested, the DOT may be able to perform some testing services. If performed, the DOT
will bill the LPA for testing services according to its normal policy.
a. The work on this project shall be in accordance with the approved plans and specifications. Any
substantial modification of these plans and specifications must be approved by the DOT prior to the
modification being put into effect.
b. The LPA, in cooperation with the DOT, will take whatever steps may be required with respect to
alteration of the grade lines of the new highway facilities constructed under the project in accordance
with Iowa Code section 364.15. The DOT and LPA will work together to minimize potential impacts to
properties that may occur as a result of the project.
c. Subject to the provisions hereof, the LPA in accordance with 761 Iowa Administrative Code sections
150.3(1)c and 150.4(2) will remove or cause to be removed all encroachments or obstructions in the
existing primary highway right of way. The LPA will also prevent the erection and /or placement of any
structure or obstruction on said right of way or any additional right of way which is acquired for this
project including but not limited to private signs, buildings, pumps, and parking areas.
d. With the exception of service connections no new or future utility occupancy of project right -of -way,
nor any future relocations of or alterations to existing utilities within said right -of -way (except service
connections), will be permitted or undertaken by the LPA without the prior written approval of the
2011- 16- 123_Dubuque_03162011.docx 3
March 2010
DOT. All work will be performed in accordance with the Utility Accommodation Policy and other
applicable requirements of the DOT.
e. New lighting and /or traffic signal construction for this project shall be provided under guidelines
established in 761 Iowa Administrative Code Chapter 150. The LPA shall construct traffic signal
installations all at no cost to the DOT. If constructed, the LPA shall accept ownership of and
responsibility for future energy and maintenance costs of those lighting and/or traffic signal units
which lie within the corporate boundaries.
f. Upon completion of the project, no changes in the physical features thereof will be undertaken or
permitted without the prior written approval of the DOT.
g.
After the project construction is complete and prior to final acceptance of the project by the DOT, the
LPA shall furnish three sets of "as- built" plans to the DOT's contact person.
h. Future maintenance of the primary highway within the project area will be carried out in accordance
with the terms and conditions contained in 761 Iowa Administrative Code Chapter 150.
7. Traffic Control
a. U.S. 61/151 through- traffic will be maintained during the construction.
8. Payments and Reimbursements
9. General Provisions
b. 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" as per 761
Iowa Administrative Code, 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.
a. The LPA shall be responsible for making initial payments for all project costs incurred in the
development and construction of the project. After payments have been made, the LPA may submit
to the DOT periodic itemized claims for reimbursement for eligible project activities. Reimbursement
claims shall include certification by a Professional Engineer licensed to practice in the State of Iowa
that all eligible project activities for which reimbursement is requested have been paid in full and
completed in substantial compliance with the terms of this agreement.
b. The DOT shall reimburse the LPA for properly documented and certified claims for eligible project
activity costs, less a withholding of 5% of the Federal and / or State share of construction costs, either
by state warrant or by crediting other accounts from which payment may have been initially made. If
upon final audit, the DOT determines the LPA has been overpaid, the LPA shall reimburse the
overpaid amount to the DOT. After the final audit or review is complete and after the LPA has
provided all required paperwork, the DOT will release the Federal or State funds withheld.
c. Upon completion of the project, a Professional Engineer licensed to practice in the State of Iowa shall
certify in writing to the DOT that the project activities were completed in substantial compliance with
the plans and specifications set out in this agreement. Final reimbursement of State and / or Federal
funds shall be made only after the DOT accepts the project as complete.
a. The LPA shall maintain records, documents, and other evidence in support of the work performed
under the terms of this agreement. All accounting practices applied and all records maintained will be
2011- 16- 123_Dubuque 03162011.docx 4
March 2010
in accordance with generally accepted accounting principles and procedures. Documentation shall be
made available for inspection and audit by authorized representatives of the DOT and / or the Federal
Highway Administration (FHWA), or their designees at all reasonable times.. The LPA shall provide
copies of said records and documents to the DOT upon request. The LPA shall also require its
contractors to permit authorized representatives of the DOT and / or the FHWA to inspect all work
materials, records, and any other data with regard to agreement related costs, revenues and
operating sources. 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 DOT will notify the LPA of
the record retention date.
b. In accordance with Iowa Code Chapter 216, the LPA 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 LPA agrees to indemnify, defend and hold the DOT 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
DOT's application review and approval process, plan and construction reviews, and funding
participation.
d. If any part of this agreement is found to be void and unenforceable then the remaining provisions of
this agreement shall remain in effect.
e. This agreement is not assignable without the prior written consent of the DOT.
f. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement.
g. 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 ten (10) days notice to the other party of their intent to seek arbitration. The written
notice must include a precise statement of the disputed question. The DOT and the LPA 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.
h. This Agreement may be executed in (two) counterparts, each of which so executed will be deemed to
be an original.
i. This Agreement, and the attached Exhibits, as well as the unaffected provisions of any previous
agreement(s), addendum(s), and /or amendment(s); represents the entire Agreement between the
LPA and DOT regarding this project. All previously executed agreements will remain in effect except
as amended herein. Any subsequent change or modification to the terms of this Agreement will be in
the form of a duly executed amendment to this document.
2011- 16- 123_Dubuque 03162011.docx 5
IN WITNESS WHEREOF, each of the parties hereto has executed Agreement No. 2011 -16 -123 as of the
date shown opposite its signature below.
CITY OF DUBUQUE:
By:
Title: May?
I,
Jeanne Schneider , certify that I am the Clerk of the City, and that
who signed said Agreement for and on behalf of the City was duly authorized to execute the same on
the dayof April 20 11
Signed'
ity Clerk of Dubuque, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By: »ttc 63
ames R. Schnoebelen
District Engineer
District 6
Date
Date
April 4
Roy D. Buol
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RESOLUTION NO. 107 -11
RESOLUTION APPROVING THE IOWA DEPARTMENT OF TRANSPORTATION
COOPERATIVE AGREEMENT FOR PRIMARY ROAD PROJECT (AGREEMENT NO.
2011 -16 -123) BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND
THE CITY OF DUBUQUE FOR THE US 61/151 CORRIDOR PROJECT
Whereas, the Iowa Department of Transportation (Iowa DOT) has authorized the
use of 3R Primary Road funds for the US 61/151 Corridor Project;
Whereas, the US 61/151 Corridor Project will provide for the following
improvements: New traffic signalizations on US 61/151 at the intersections of
Maquoketa Drive, Twin Valley Drive, and US 52; and the widening and HMA resurfacing
on US 61/151 and at each intersection.
Whereas, the 3R Primary Road funds will be eligible to complete said
improvements for the construction of a southbound right -turn lane (Hot Mix Asphalt) on
US 61/151 at Lake Eleanor Road as part of the US 61/151 Corridor 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 Cooperative Agreement for Primary
Road Project (Agreement 2011 -16 -123) between the City of Dubuque and the Iowa
Department of Transportation be approved for construction of a southbound right -turn
lane (Hot Mix Asphalt) on US 61/151 at Lake Eleanor Road as part of the US 61/151
Corridor Project, within Dubuque County, Iowa.
Section 2. That the Mayor be authorized and directed to execute two copies of
Iowa DOT Cooperative Agreement for Primary Road Project (Agreement 2011 -16 -123)
for the US 61/151 Corridor Project in Dubuque.
Passed, approved and adopted this 4th day of Ap , , 2011.
Atte :
/
J anne F. Schneider, CMC, City Clerk
Roy D. Buol, Mayor
STATE OF IOWA
COUNTY OF DUBUQUE
CERTIFICATE OF CITY CLERK
I, Jeanne F. Schneider, do hereby certify that I am the duly appointed, qualified, and
acting Clerk of the City of Dubuque, Iowa in the County aforesaid, and as such Clerk
have in my possession or have access to the records of the proceedings of the City
Council. I do further state that the hereto attached Resolution No. 107 -11 is a correct
copy of the original Resolution No. 107 -11 approved and adopted by the City Council
of the City of Dubuque, Iowa, at a session held by said Council on the 4 day of April,
2011.
In Testimony Whereof, I hereunto set my hand and official seal of the City of Dubuque,
Iowa.
Dated at Dubuque, Iowa on this 5 day of April, 2011.
(SEAL)
Jeanne F. Schneider, CMC
City Clerk