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US 52 Bridge Repairs Catfish Cr D~~@;E ~ck~ MEMORANDUM '?- July 12, 2004 w -' .' TO: The Honorable Mayor and City Council Members , ' "j FROM: Michael C. Van Milligen, City Manager SUBJECT: Repairs to US 52 Bridge Over Catfish Creek (STPN-52-2(92--2J-31 ) Acting Public Works Director/City Engineer Gus Psihoyos recommends City Council approval of an agreement between the City of Dubuque and the Iowa Department of Transportation to repair the north berm of the combined US 52/US 61/US 151 bridge that spans Catfish Creek, the Canadian Central Railroad, and Mar Jo Hills Road. Due to severe erosion, the slope will be controlled with the installation of a concrete mat on top of the berm. The Iowa Department of Transportation will bear all costs except the relocations, alterations, adjustments or removal of existing utility facilities (whether privately or publicly owned) within the City and all other facilities or obstructions that may interfere with the construction of the project and the clear zone. I concur with the recommendation and respectfully request Mayor and City Council approval. fYLJi ~ AIL Michael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, Corporation Counsel Cindy Steinhauser, Assistant City Manager Gus Psihoyos, Acting Public Works Director/City Engineer D~ ~ck~ MEMORANDUM July 12, 2004 TO: Michael C. Van Milligen, City Manager yjD FROM: Gus Psihoyos, Acting Public Works Director SUBJECT: Repairs to US 52 Bridge Over Catfish Creek (STPN-52-2(92}-2J-31 ) INTRODUCTION Enclosed is a proposed agreement between the City of Dubuque (City) and the Iowa Department of Transportation (Iowa DOT) to repair the north berm of the combined US 52/US 61/US 151 bridge that spans Catfish Creek, the Canadian Central (CC) Railroad, and Mar Jo Hills Road. Due to severe erosion, the slope will be controlled with the installation of the concrete mat on top of the berm. DISCUSSION The Iowa DOT proposes to design, let, and inspect construction of a project for the repairs that will be made to the north berm of the combined US 52/US 61/US 151 bridge that spans Catfish Creek, the Canadian Central (CC) Railroad, and Mar Jo Hills Road within the City. The bridge is located along the City's south corporation line. Combined US 52/US 61/US 151 through-traffic will be maintained during the construction period. However, it will be necessary to temporarily close Mar Jo Hills Road within the construction limits during the project. Iowa DOT will work in close cooperation with the City and the contractor to accommodate fire protection and local access across the project during construction. BUDGET IMPACT Iowa DOT will bear all costs except the relocations, alterations, adjustments, or removals of existing utility facilities (whether privately or publicly owned) within the City and all other facilities or obstructions that may interfere with the construction of the project and the clear zone (distance from the traveled roadway that needs to free of obstruction). RECOMMENDATION I recommend that the City Council approve the proposed agreement between the Iowa Department of Transportation (Iowa DOT) and the City of Dubuque (City) on the repairs to US 52 Bridge over the Catfish Creek. ACTION TO BE TAKEN The City Council is requested to adopt the attached resolution authorizing the Mayor to execute two copies of the agreement. cc: Richard E. Kautz, Iowa Department of Transportation Mark Jobgen, PE, County of Dubuque David Ness, PE RESOLUTION NO. 281-04 281-04 RESOLUTION APPROVING THE AGREEMENT BETWEEN THE CITY OF DUBUQUE AND THE IOWA DEPARTMENT OF TRANSPORTATION FOR REPAIRS TO US 52 BRIDGE OVER CATFISH CREEK (STPN-52-2(92--2J-31) Whereas, the City of Dubuque and the Iowa Department of Transportation propose to repair the US 52 Bridge Over Catfish Creek. Whereas, the Iowa Department of Transportation has prepared an agreement between the City of Dubuque and the Iowa Department of Transportation to repair the north berm of the combined US 52/US 61/US 151 bridge that spans Catfish Creek, the Canadian Central Railroad, and Mar Jo Hills Road within the City. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Agreement STPN-52-2(92--2J-31) between the City of Dubuque and the Iowa Department of Transportation be approved. Section 2. That the Mayor be authorized and directed to execute two copies of the agreement between the City of Dubuque and the Iowa Department of Transportation. Passed, adopted and approved this 19th day of July, 2004. Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk STAFF ACTION NO: PRECONSTRUCTION AGREEMENT County City Project No. Iowa DOT Agreement No. Dubuque Dubuque STPN-52-2(92)- -2J-31 2004-12-149 This Agreement, is entered into by and between the Iowa Department of Transportation, hereinafter designated the "DOT", and the City of Dubuque Iowa, hereafter designated the "CITY" in accordance with 761 Iowa Administrative Code Chapter 150 and Iowa Code sections 28E.12 and 306A; WITNESSETH; that WHEREAS, the DOT proposes to establish or improve an extension of Primary Road No. U.S. 52 as a controlled access facility within Dubuque County, Iowa; and WHEREAS, the DOT and the CITY are willing to jointly participate in said project, in the manner hereinafter provided; and WHEREAS, this Agreement reflects the current concept of this project which is subject to modification by the DOT; and NOW, THEREFORE, IT IS AGREED as follows: 1. The DOT will design, let and inspect construction of the following described project in accordance with the project plans and DOT standard specifications: Repairs will be made to the north berm of the combined U.S. 52/U.S. 61/U.S. 151 bridge that spans Catfish Creek, the C.C. Railroad and Mar Jo Hills Road within the CITY. The bridge is located along the CITY'S south corporation line. Special Provisions 2. Combined U.S. 52/U.S. 61/U.S. 151 through-traffic will be maintained during the construction period. 3. 4. Also as part of the project, it will be necessary to temporarily close Mar Jo Hills Road, within the construction limits, during the project. The DOT will furnish and install the required road closure barricades and signing at project cost and shall remove same upon completion of the project also at no expense or obligation to the CITY. The DOT will work in close cooperation with the CITY and the contractor to accommodate fire protection and local access across the project during construction. General Provisions The DOT will bear all costs except those allocated to the CITY under other terms of this Agreement. 5. 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. 6. 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. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 8. Parking shall be prohibited along combined U.S. 52/U.S. 61/U.S. 151 within the project limits. 9. Subject to the provisions hereof, the CITY in accordance with 761 Iowa Administrative Code sections 150.3(1)c and 150.4(2) will remove or cause to be removed (within the CITY project limits) all encroachments or obstructions in the existing primary highway right of way. The CITY will also prevent the erection and/or placement of any structure or obstruction on said right of way including but not limited to private signs, buildings, pumps, and parking areas. 10. Subject to the approval of and without expense to the DOT, the CITY agrees to perform or cause to be performed all relocations, alterations, adjustments or removals of existing utility facilities within the CITY, including but are not limited to power, telephone and telegraph lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, utility accesses, storm water intakes, sauitary sewers, and related poles, installations and appurtenances, whether privately or publicly owned, and all other facilities or obstructions which are located within the limits of an established street or alley and which will interfere with construction ofthe project and the clear zone, as provided in Chapter 761 Iowa Administrative Code section 150.4(5) and in accordance 2 11. 12. with the Utility Accommodation Policy of the DOT referenced therein. The CITY will comply with all provisions of the equal employment opportunity requirements prohibiting discrimination and requiring affirmative action to assure equal employment opportunity as required by Iowa Code Chapter 216. No person will, on the grounds of age, race, creed, sex, color, national origin, religion or disability, be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions It is the intent of both parties that no third party beneficiaries be created by this Agreement. 13. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional, such finding shall not affect the validity of the Agreement as a whole or any section, provision, or part thereof not found to be invalid or unconstitutional, except to the extent that the original intent of the Agreement cannot be fulfilled. 14. This Agreement may be executed in two counterparts, each of which so executed will be deemed to be an original. 15. This document represents the entire Agreement between the CITY and DOT regarding this project. Any subsequent change or modification to the terms of this Agreement will be in the form of a duly executed amendment to this document. 3 IN WITNESS WHEREOF, each of the parties hereto has executed PreconstructionAgreement No. 2004-12-149 as of the date shown opposite its signature below. CITY OF DUBUQUE: By: Title: Mayor Date ,200_. 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 ,200_. Signed: City Clerk of Dubuque, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: Date ,200_. By: Richard Kautz District Engineer District 6. 4