Sidewalk Repairs US 20 OverpassRESOLUTION NO. 77-00
RESOLUTION APPROVING PROJECT AGREEMENT WITH THE IOWA
DEPARTMENT OF TRANSPORTATION RELATING TO REPAIRS TO THE
NEWLY-CONSTRUCTED SIDEWALK AT THE APPROACHES TO THE
GRANDVIEW AVENUE AND FREMONT AVENUE BRIDGES AT U.S. 20
Whereas, the Iowa Department of Transportation constructed overpasses at
Grandview Avenue and Fremont Avenue as part of U.S. 20 Reconstruction Project; and
Whereas, said bridge structures included the installation of sidewalks on both sides
of each bridge structure; and
Whereas, portions of the approach sidewalk have settled in relation to the structural
sidewalk on the bridges; and
Whereas, the settlement of these public sidewalks is in need of immediate repair;
and
Whereas, the Iowa Department of Transportation has agreed to fund said repairs.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DUBUQUE, IOWA:
Section 1. That Agreement 93-3-033 consisting of an agreement providing for
repairs to the approach sidewalks to the Grandview Avenue and Fremont Avenue bridges
on U.S. 20 be approved.
Section 2. That the Mayor be authorized and directed to execute two copies of
this agreement providing for lOOT funding of the repairs and forward the executed copies
to the Iowa Department of Transportation for their approval.
Passed, approved and adopted this 6th day of March, 2000.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Staff Action:
ADDENDUM TO
AGREEMENT 95-3-033
County
Dubuque
City
Dubuque
Project No. NHS-20-9(120)-19-31
Iowa DOT
Addendum No. 95-3-033A
This Addendum, 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 ISO and Iowa Code sections
28E.12 and 306A.7;
WITNESSETH; that
WHEREAS, the DOT previously constructed a project for relocation and reconstruction of
u.S. 20 within the CITY; and
WHEREAS, the DOT and CITY agreed to jointly participate in said project;
NOW, THEREFORE, IT IS AGREED as follows:
1.
The project provided for a four-lane divided highway improvement that began just east of
Devon Drive and extended easterly to Dodge-Locust Street intersection. A split-diamond
interchange was constructed at combined FremontILombard Street and Grandview Avenue.
A new connector was constructed between Hill Street and Bryant Street which extend over
U.S. 20. Separate connections were also provided as part of the Hill/Bryant connector which
extend trom Hill Street to u.S. 20 and trom Bryant Street to u.S. 20.. A new relocated City
street was constructed north of and adjacent to u.S. 20 which extends trom Booth Street
easterly to Hill Street. The relocated City street was paved to a width of 31 feet measured
trom back to back of curb. An at-grade intersection was constructed at Locust Street with
dual left-turn lanes and a single right-turn lane.
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2
SpeciaI Provisions
2.
The CITY and DOT previously entered into Agreement 95-3-033 for construction of the
above referenced project. The Agreement was signed by the CITY and DOT on November
21 and December 16, 1994 respectively.
3.
Subsequently letting of the project (see Section I above), newly constructed sidewalk at the
approaches to the Grandview and Fremont Avenue grade separations, with U. S. 20, exhibited
premature settlement (within one year of the initial construction). Therefore, repairs will be
made to correct the deficiency in accordance with the following terms and conditions:
A.
The CITY will design, let and inspect a project for removal and replacement of the
sidewalk as described herein.
B.
The CITY shall secure DOT approval of the project design and award of the
construction contract.
C.
The project design will provide for a thickened edge where the new sidewalk abutts
retaining walls and catch basins.
D.
The proposed project will be constructed in accordance with CITY specifications and
general requirements and the DOT will be given the opportunity to inspect the sidewalk
base.
E.
Sidewalk removal and replacement will be accomplished in such a way that, one side
of each grade separation structure will be open to pedestrian use at all times during the
project.
F.
Upon completion of construction and receipt of a properly documented billing, the
DOT will reimburse the CITY approximately $12,389 for construction of the
replacement sidewalk. DOT reimbursement will be based on the following estimate of
quantities:
Estimated Quantities
2031 Sq.Ft. 4-inch sidewalk replacement
24.8 Tons Granular Base Rock
(Lump Sum) Traffic Control
Estimated Total $12,389
Actual DOT reimbursement will be determined by the quantities in place and the
accepted bid at the contract letting.
3
G.
Upon completion of construction, the CITY agrees to accept ownership of said
replacement sidewalk (see Section 3 above). The CITY shall thereafter be responsible
for all future maintenance operations associated therewith all at no additional expense
or obligation to the DOT.
General Provisions
4.
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 trom 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
5.
Previously executed Agreement 95-3-033, referenced in section 2 herein, will remain in full
force and effect except as amended herein. :
6.
It is the intent of all parties that no third party beneficiaries be created by this Addendum.
7.
If any section, provision, or part of this Addendum will be found to be invalid or
unconstitutional, suchjudgrnent will not affect the validity of the Addendum as a whole or
any section, provision, or part thereof not found to be invalid or unconstitutional.
8.
This Addendum may be executed in two counterparts, each of which so executed will be
deemed to be an original.
9.
This document as well as the unaffected provisions of the previously executed Agreement (see
section 2 herein) represents the entire Agreement between the CITY and DOT regarding this
project. Any subsequent change or modification to the terms of this Addendum will be in the
form of a duly executed amendment to this document.
4
IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 95-3-033A
as of the date shown opposite its signature below.
CITY OF DUBUQUE:
Terrance M. Duggan
Mayor
3/6/2000
I, Jeanne F. Schneider, certify that I am the Clerk of the CITY, and that
Terrance M. Duggan. Mayor, who signed said Addendum for and on behalf of the CITY
was duly authorized to execute the same on the 6th day of March, 2000.
Signed Jeanne F. Schneider
City Clerk of Dubuque, Iowa.
IOWA DEPARTMENT OF TRANSPORTATION:
By:
Richard E. Kautz
Development Engineer
East Central Iowa Transportation Center
Date
.2000.
January 18, 2000
Ref: NHS-20-9(120)--19-31
Dubuque County
City of Dubuque
Addendum 95-3-033A
Michaeì A. Koch, r.E.
Public Works Director/City Engincer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: U.S. 20 Sidewalk Repair in Dubuque
Dear Mike:
Attached are two (2) copies of an adctendum to Agreement 95-3-033 between the City of Dubu4ae
and the Iowa Department of Transportation for the above referenced project The proj,:C\ invo:vcs
repairs to the newly constructed sidewalk at the approaches to the Grandviev, and Frcmo!1t Avcnue
grade separations with u.S, 20, which are exhibiting premature settlement.
Please secure the necessary approvals and signatures of the appropriate city officials and return both
signed copies of the addendum to this office for furtber processing. An original of the fully executed
addendum will be forwarded to the city after final signature by our department
If you have any questions concerning this addendum, please contact me at the above listed phone
number.
Very truly yours,
Richard E. Kautz, P.E.
Development Engineer
CITY OF DUBUQUE, IOWA
MEMORANDUM
March 2, 2000
TO:
The Honorable Mayor and City Council Members
FROM:
Michael C. Van Milligen, City Manager
SUBJECT:
Sidewalk Repairs - U.S. Highway 20 Overpasses
City staff has negotiated an agreement with the Iowa Department of Transportation for repairs
to the sidewalk on the Grandview Avenue overpasses. Public Works Director Mike Koch is
recommending approval ofthe agreement with the Iowa Department of Transportation.
I respectfully request Mayor and City Council approval.
Michael C. Van Milligen
MCVM/dd
Attachment
cc:
Barry Lindahl, Corporation Counsel
Tim Moerman, Assistant City Manager
Public Works Director Mike Koch
CITY OF DUBUQUE, IOWA
MEMORANDUM
February 29, 2000
TO:
Michael C. Van Milligen, City Manager
FROM:
Michael A. Koch, Public Works Director
SUBJECT:
Sidewalk Repairs - U.S. 20 Overpasses
INTRODUCTION
The enclosed agreement provides for the funding of sidewalk repairs which are needed
on the overpasses recently constructed by the Iowa Department of Transportation in
association with the U.S. 20 Corridor improvements at the approaches to the
Grandview Avenue and Fremont Avenue bridges.
DISCUSSION
The City has been receiving complaints regarding settlement that has occurred at the
sidewalk approaches to the bridge sidewalk at the Grandview Avenue overpasses. In
investigating the complaints, it was found that essentially all the approach sidewalk
slabs on both the Grandview and Fremont overpasses have settled in relation to the
elevation of the structural sidewalk on the bridge.
While the City of Dubuque has the maintenance responsibility for all sidewalks along
Highway 20, this situation relates to defective construction rather than general
maintenance. Because of this, the City requested and received approval from the Iowa
Department of Transportation to fund the necessary repairs, which are estimated at
approximately $12,389. Attached is an agreement to be executed between lDOT and
the City providing for the City to perform the repairs, and for the City to be reimbursed
in the full amount by lDOT.
RECOMMENDATION
I would recommend that the City Council enter into the funding agreement with the
Iowa Department of Transportation and recommend adoption of the enclosed
resolution.
BUDGET IMPACT
Since lOOT will be reimbursing the City for the full amount of the construction, the
only cost to the City will be inspection time involved in monitoring the repair work.
This should be a negligible amount.
ACTION TO BE TAKEN
The City Council is requested to adopt the attached resolution authorizing the Mayor
to execute two copies of Agreement 95-3-033 providing for lOOT funding of sidewalk
repairs to the Grandview Avenue and Fremont Avenue bridges over Highway 20.
MAK/vjd
Iowa Department of Transportation
District 6 Office 319-364-0235
430 Sixteenth Avenue SW FAX: 319-364-9614
P.O. Box 3150, Cedar Rapids. IA 52406,3150
April 3, 2000
Ref:
NHS-20-9(120)--19-31
Dubuque County
City of Dubuque
Addendum 95-3-033A
Michael A. Koch, P.E.
Public Works Director/City Engineer
50 West 13th Street
Dubuque, IA 52001-4845
SUBJECT: U.S. 20 Sidewalk Repair in Dubuque
Dear Mike:
Attached is your original of the fully executed addendum to Agreement 95-3-033 between the City of
Dubuque and the Iowa Department of Transportation for the above referenced project. The project
involves repairs to the newly constructed sidewalks at the approaches to the Grandview and Fremont
A venue grade separations with U.S. 20, which are exhibiting premature settlement.
Thank you for your cooperation in the processing of this agreement.
Very truly yours,
Richard E. Kautz, P.E.
District Engineer
REK/jh
Attachment
cc: Carey Lewis, Resident Construction Engineer, Iowa DOT, Manchester, IA 52057 w/copy of
agreement
Art Gourley, P.E., Iowa DOT, P.O. Box 325, Dyersville, IA 52040 w/copy of agreement
Staff Action: 5-2000-0874
ADDENDUM TO
AGREEMENT 95-3-033
County
Dubuaue
City
Dubuque
Project No. NHS-20-9n20)-19-31
Iowa DOT
Addendum No. 95-3-033A
This Addendum, 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. 7;
WITNESSETH; that
WHEREAS, the DOT previously constructed a project for relocation and reconstruction of
u.S. 20 within the CITY; and
WHEREAS, the DOT and CITY agreed to jointly participate in said project;
NOW, THEREFORE, IT IS AGREED as follows:
1.
The project provided for a four-lane divided highway improvement that began just east of
Devon Drive and extended easterly to Dodge-Locust Street intersection. A split-diamond
interchange was constructed at combined Fremont/Lombard Street and Grandview Avenue.
A new connector was constructed between Hill Street and Bryant Street which extend over
u.S. 20. Separate connections were also provided as part of the HilllBryant connector which
extend trom Hill Street to U S. 20 and trom Bryant Street to U S. 20. A new relocated City
street was constructed north of and adjacent to US. 20 which extends trom Booth Street
easterly to Hill Street. The relocated City street was paved to a width of 31 feet measured
trom back to back of curb. An at-grade intersection was constructed at Locust Street with
dual left-turn lanes and a single right-turn lane.
2
Special Provisions
2.
The CITY and DOT previously entered into Agreement 95-3-033 for construction of the
above referenced project. The Agreement was signed by the CITY and DOT on November
21 and December 16, 1994 respectively.
3.
Subsequent to letting of the project (see Section I above), newly constructed sidewalk at the
approaches to the Grandview and Fremont Avenue grade separations, with u.S. 20, exhibited
premature settlement (within one year of the initial construction). Therefore, repairs will be
made to correct the deficiency in accordance with the following terms and conditions:
A.
The CITY will design, let and inspect a project for removal and replacement of the
sidewalk as described herein.
B.
The CITY shall secure DOT approval of the project design and award of the
construction contract.
C.
The project design will provide for a thickened edge where the new sidewalk abutts
retaining walls and catch basins.
D.
The proposed project will be constructed in accordance with CITY specifications and
general requirements and the DOT will be given the opportunity to inspect the sidewalk
base.
E.
Sidewalk removal and replacement will be accomplished in such a way that, one side
of each grade separation structure will be open to pedestrian use at all times during the
project.
F.
Upon completion of construction and receipt of a properly documented billing, the
DOT will reimburse the CITY approximately $12,389 for construction of the
replacement sidewalk. DOT reimbursement will be based on the following estimate of
quantities:
Estimated Quantities
2031 Sq.Ft. 4-inch sidewalk replacement
24.8 Tons Granular Base Rock
(Lump Sum) Traffic Control
Estimated Total $12,389
Actual DOT reimbursement will be detennined by the quantities in place and the
accepted bid at the contract letting.
3
G.
Upon completion of construction, the CITY agrees to accept ownership of said
replacement sidewalk (see Section 3 above). The CITY shall thereafter be responsible
for all future maintenance operations associated therewith all at no additional expense
or obligation to the DOT.
General Provisions
4.
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 trom 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
5.
Previously executed Agreement 95-3-033, referenced in section 2 herein, will remain in full
force and effect except as amended herein. .
6.
It is the intent of all parties that no third party beneficiaries be created by this Addendum.
7.
If any section, provision, or part of this Addendum will be found to be invalid or
unconstitutional, suchjudgrnent will not affect the validity of the Addendum as a whole or
any section, provision, or part thereof not found to be invalid or unconstitutional.
8.
This Addendum may be executed in two counterparts, each of which so executed will be
deemed to be an original.
9.
This document as well as the unaffected provisions of the previously executed Agreement (see
section 2 herein) represents the entire Agreement between the CITY and DOT regarding this
project. Any subsequent change or modification to the terms of this Addendum will be in the
form of a duly executed amendment to this document.
4
IN WITNESS WHEREOF, each of the parties hereto has executed Addendum No. 95-3-033A
as of the date shown opposite its signature below.
CITY OF DUBUQUE:
By Terrance M. Duggan
Title: Mayor
I, Jeanne F. Schneider, certifY that I am the Clerk of the CITY, and that
Terrance M. Duggan. Mayor
. who signed said Addendum for and on behalf of the CITY
was duly authorized to execute the same on the .fi1]1day of
Signed Jeanne F. Schneider
City Clerk of Dubuque, Iowa.
March
,2000.
IOWA DEPARTMENT OF TRANSPORTATION:
By:
Richard E. Kautz
Development Engineer
East Central Iowa Transportation Center
Date