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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 THE CITY OF Project Location Map � 1 AGIS pree�,ra, ,� p , NHSN- 061 - 8(124)- -2R -31 ° °a° °g` ARIA 41OG «AeM1INFORMATION "'STEM Du B E Masterpiece on the Mississippi mss • X f I:; „ V �• ,' 1 ) rtm if t � s � 1 / , _ 4SNI Q� • / LAK EELEA / V ORR • Construct SB Right -Turn Lane MP 185.57 ft LAKE ELEANOR RD ,yam � ` / - / A O , / ..1 /�r DATA CT .fJ. /9 `te f Y /1/ • l l / .A. DISCLAIMER: This information was compiled the Dubuque Area Geographic Information system W W AGIS), which includes data created by both the city of Dubuque and Dubuque county. It Is understood thee, while e Dlty of Dubuque and participating agencies utilised Me 1 inch = 400 feet most current and information available, DAGIS and �oro rmatio ndonot warrant accuracy cy or orcurrency currency of rttna rmation or data contained herein. rn. coy and participating agencies Shan not be held liable for any direct, indirect, incidental, 400 200 0 consequential, punitive, or special damages, whether foreseeable or unforeseeable, arising out of the authorised or unauthorized use of rois data or the Inability to use this data or out of any breach of warranty whatsoever. 400 Feet W E S Ma Map Prepared by: TWK City of Dubuque Engineering Division 50 West 13th Street Dubuque, Iowa 52001 Phone: (563) 589 -4270 Fax: (563) 589 -4205 // 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 � p h $nt '� I OQ'LW74LS ! :Mil 1 1 11 111111111 11! N 2 NN 44 Qp QQ p J � 00'OPYGf N i q QQ p RV $R F IOW 411 l g g 111111111 ANLIMiNVi gill I 001X 1 rfit 111111 1 1 111111g gliiil 12121 W - ir i il 1 MI Iiii Old 1 1 1 11 IKi Igo; WV ap Q g f �tR y 'N 1 A E Go R V^ v1 N �4V v� ocG PI ;ggg o wr.. r -°0 r - . pQ -g y( c RY�1r� g 0 §p N " y ' � 1t QQ � pp �q I C/I ,N.smv 4414 7p fl �qs Ns p . q _P i 1 9 - gr bfd 0 o e. as CfCtlT ze NU M I Alruenlsra gsra y SS's'08.13 31.3500031IC MO OIYULIOd /MI dn8 ao atriums war ININI ssraaa3Qx1014 r adu se'rsollsarsrrnaa MAMAS 031:10001 craws a 3RYATIV&M S basalt IMMINO8 dJ7 Avmarce S Y1314OUYAV ICI TOSNIANI MUM 11101111111=1C1 IOU C L ION NI VI 3s:sneauvio31' taut TM33cortoOt1 irridse Art 10H! R 1 C.d i;/ gi g j g AI t 1� 1/ 1 i al 5111 111111illililli 1 $ il 11l itli 4 1 1 � i 4 1 111 i {SS i 1 1 4 1§ Milli Estimated Project Costs 2011-16-123 Dubuque_03162011.docx 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 zlg 20 1 1. 4 / -- ''' -.,, $i L �.S ? i 1 1111Pq4=VA1101131Ng INSIIIMINEN MCI I II:h 11111Mann J Api �~� I - i 1 b �yFi L S 4 �qz q I h � I I � iT. le fi r i 1 (� 1fY p �x jYfys',T�I�I �i y 'Ay" � =¢i �t°F� I b. `Z� u I3 T 3! p g Z ' ,I�Ii �� � . bp � -,' 8�{ u � q :141 ��pp S �3 Y 1 p 'H4T- MIXAPNA4T ►1001A!gi:O OE. 3Al .RIfFNI;Ot,1TECOME,IRINU1X SPEGUL 61y"xF0 E1cCkYAXpN.i�ASS 1D. THTAD'Ih1YANV61:ksaw TOPSQII.$1TbP14AlYAGE4VREAD MoomowseAsa GRANIAARSNOeWERSTYPEA ._ _.� ..._ &MEFRC011,STRUCTION. E+RIH STkinARD ORUIPFONPC AN) 00,1Ei4T4OtiVeTEPAVEN91f.OlASSG, CLASS Stai AoffY pm DID TT57TDESCRwFTIQN g TON 11113111111 UNITS NOE Q •� " MEMIZIEM11 1 _ !imI:w ¶ +111 ezzi=i : tl I ivIi I I:H 1 UNIT PRICE M. 530 3 8.0 KEN 161:31 °ma 5450 . IV" MNIMEENDIE ilfritiogi MU . riiitaill al 132: ": :I au : Zellsoll t mill: 1- fsae000 i f � p 1 i:illi 13 E TOTAL COST ii 111:11 fQQ$f1 W� g$ 555 < i 1.360 ,1 VItt !A } � Intl; �� 011/111011 Eh N 1 316,840.00 1 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