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Preconstruction Agreement with the Iowa Department of Transportation . RESOLUTION NO. 292-00 RESOLUTION APPROVING PRE-CONSTRUCTION AGREEMENT WITH THE IOWA DEPARTMENT OF TRANSPORTATION RELATING TO THE IOWA 32 (NORTHWEST ARTERIAL) EXTENSION PROJECT FROM EXISTING IOWA 32/JOHN F. KENNEDY ROAD INTERSECTION TO THE CITY'S NORTH CORPORATION LINE Whereas, the Iowa Department of Transportation has developed plans for the extension of Highway 32 (Northwest Arterial) from the Iowa 32/John F. Kennedy Road intersection to the City's north corporation line; and Whereas, the Iowa Department of Transportation has prepared and submitted to the City Council for approval, a Pre-Construction Agreement relating to the construction cost, participation, and respective maintenance responsibilities of the construction project; and Whereas, the City of Dubuque approves the terms and conditions of said agreement. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: . Section 1. That Pre-Construction Agreement No. 99-4-095 consisting of an agreement providing for the extension of Highway 32 (Northwest Arterial) from the existing Iowa 32/John F. Kennedy Road intersection to the City's north corporation line be approved. Section 2. That the Mayor be authorized and directed to execute two copies of this Pre-Construction Agreement and forward the executed copies to the Iowa Department of Transportation for their approval. Passed, approved and adopted this ~ day of Jul r-J: Terrance M. Duggan, Mayor Attest: Jeanne F. Schneider, City Clerk . ~ . oEJ. ---l ~ .._~ I ERRY CT . . (/) ~ ~ ...... I ex o p:l ex KILLARNEY c'f I r- ,... ~ \..>.- ~ r- BLASEN R ~ ..0 ~ en ~ . . I . . ~ I . E . ---l I >. -+oJ . () . . . L.. \ ~ -.J -.J > w <.9 <( \ f"- ill \ ~\ . ~ \~ ~.~ .~ 7'; j ~ ~ \ ~ ~ NOHINGHAM CT \ o -.J Q Z UNI-BN PARK LN . ( ~ I . . \ ~ ~J ~I o :" I . . I . . . . ..;J ) ..-..-' . . I . . W I U ....... 0... ~ >- -.J o \ ) 10:: f-< U Z ~ -< . N .. Z - I 0:: -< ~ f-< tr.l . . L.._u-..-.. I!W!l Al!8 I . . I ..,..~ .' .. ,. .. .. ~ .' -- . -- . . ~ N DERRE RD. co CX) ~ - ~Q'1IJ~-(, " .~~ ~ Iowa Department of Transportation District 6 Office 430 Sixteenth Avenue SW P.O. Box 3150, Cedar Rapids, IA 52406-3150 FAX: 319-364-0235 319-364-9614 July 26, 2000 Ref: STP-32-1 (1 ,2)--2C-31 Dubuque County City of Dubuqli~ Agreement 99-4-095 Michael A. Koch, P.E. Public Works Director/City Engineer 50 West 13th Street Dubuque, IA 52001-4845 SUBJECT: Extension of Iowa 32 (Northwest Arterial) Dear Mike: . 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 the construction of an extension to Iowa 32 (Northwest Arterial) beginning at the junction of existing Iowa 32/JFK Road and extending northeasterly to the city's north corporation line. Thank you for your cooperation in the processing of this agreement. Very truly yours, r2iCh~ ~ j(Q)A:I;, Richard E. Kautz, P .E. District Engineer REK/jh Attachment Cc: Art Gourley, P.E., District Staff Engineer, Iowa DOT, Dyersville, IA 52040 w/attachmcnt Carey Lewis, P.E., Resident Construction Engineer, Iowa DOT, Manchester, IA 52057 w/attachment . , .y .' . . . 4.' STAFF ACTION NO: $-2001-0046 PRECONSTRUCTION AGREEMENT County Dubuque City Dubuque Project No. STP-32-1 (12)--2C-31 Iowa DOT Agreement No. 99-4-095 . 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.7; WITNESSETH; that WHEREAS, the DOT proposes to establish or improve an extension of Primary Road No. Iowa 32 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: A new extension of the Iowa 32, Northwest Arterial will be constructed beginning at the junction of existing Iowa 32/J.F.Kennedy Road (J.F.K. Road) and extending northeasterly to the CITY's north corporation line (see Exhibit "A" attached). The new paved roadway will be a four-lane divided facility with a raised median. Each pair of lanes will be approximately 7.2 meters in width with a 1.8-meter wide paved inside shoulder and a 3.0-meter wide granular outside shoulder. . . . 1/ 2 2. Upon completion of construction, the CITY agrees to accept ownership and jurisdiction of the following referenced local road improvements located within CITY jurisdiction as well as any drainage structures located outside of the primary highway right of way limits and which were constructed as part of said improvement (if any). The CITY shall also assume responsibility for all future maintenance operations associated therewith, all at no additional expense or obligation to the DOT: A. Existing J.F.K. Road will be reconstructed from approximately 197.0 meters northwesterly to 146.2 meters southeasterly of the Iowa 32 centerline respectively. A 7.2-meter wide paved roadway with 1.8-meter wide granular shoulders will be constructed north oflowa 32. A 12.5-meter wide paved roadway, measured from back to back of curb will be constructed south oflowa 32. The Roadway described south oflowa 32 will be designed by the CITY and constructed by the DOT as part of this overall improvement. B. Existing West 32nd Street will be relocated approximately 303.4 meters north (measured along the J.F.K. Road centerline) and reconstructed northwesterly under Iowa 32 thence southwesterly to a connection with J.F.K. Road approximately 208.0 meters northwest of the Iowa 32 centerline. Construction will be approximately 532.5 meters in length. A 9.4-meter wide paved roadway measured from back to back of curb will be constructed. C. A West 32nd Street tie-in will be constructed (south oflowa 32) beginning at Relocated West 32nd Street and extending southwesterly approximately 84.4 meters to existing West 32nd Street. A 7.6-meter wide paved roadway measured from back to back of curb will be constructed. Existing West 32nd Street will then be closed to J.F.K. Road south of Iowa 32 and a cul-de-sac will be constructed. D. Arboretum Drive will be relocated, north oflowa 32, to a tie-in with Relocated West 32nd Street. The relocated and reconstructed portion of Arboretum Drive will be approximately 303.2 meters in length. A 9.4-meter wide paved roadway measured from back to back of curb will be constructed. Unused portions of existing Arboretum Drive north oflowa 32 will be obliterated as part of this project. General Provisions 3. The DOT will bear all costs except those allocated to the CITY under other terms of this Agreement. . . . 3 4. The CITY, in cooperation with the DOT, will take whatever steps may be required to legally establish the grade lines of the new highway facilities constructed under the project in accordance with Iowa Code Sections 313.21 and 364.15. 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. During the construction period the DOT may temporarily close to traffic any streets or alleys which cross or intersect the project. 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. 7. The DOT will provide and install traffic control devices at the streets and alleys temporarily closed during the project. 8. Since this project is financed with federal funds, the CITY will take whatever action may be necessary to comply with applicable federal laws and regulations. 9. 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 Ch. 150. 10. New lighting and/or traffic signal construction which may be accomplished (within this project area) as part of or incident to this project shall be provided under guidelines established in 761 Iowa Administrative Code Ch. 150. The DOT shall construct traffic signal installations all at no cost to the CITY. Lighting installations will not be constructed as part of the project unless specifically requested by the CITY. Lighting which is requested by the CITY will be paid for entirely by the CITY at no cost to the DOT or project. If constructed, the CITY shall accept ownership of and responsibility for future energy and maintenance costs of those lighting and/or traffic signal units which lie within the CITY'S corporate boundaries. 11. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 12. Parking shall be prohibited by the CITY with an appropriate ordinance which shall go into effect at such time as the project is completed and opened to through traffic. Parking shall be prohibited on the minor street approaches for a distance of 3.0 meters outside of the crosswalks on the approach lane(s) and 10.8 meters outside of the crosswalks on the exit lane( s) at signalized intersections. At non-signalized intersections parking will be prohibited for a distance of 10.8 meters outside of the crosswalks on both (sets of) lanes. Parking shall also be prohibited along both sides of proposed Iowa 32 within the project area. . . . 4 13. Subject to the provisions hereof, the CITY in accordance with 761 Iowa Administrative Code Sections 150.3(1)c and 150.4(2) will prevent (within the CITY project limits) all encroachments or obstructions in the new primary highway right of way including but not limited to private signs, buildings, pumps, and parking areas. 14. 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 not limited to power, telephone and telegraph lines, fiber optics lines, natural gas pipelines, water mains and hydrants, curb boxes, 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, as provided in Chapter 761 Iowa Administrative Code Section 150.4(5) and in accordance with the Utility Accommodation Policy of the DOT referenced therein. 15. 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 CITY without the prior written approval of the DOT. All work will be performed in accordance with the Utility Accommodation Policy and other applicable requirements of the DOT. 16. All storm sewers constructed by the DOT as a part of the project (if any) will become the property of the CITY, which will be responsible for their maintenance and operations. The CITY will not make any connections to said storm sewers without the prior written approval of the DOT. The CITY will prevent use of such storm sewers as a sanitary sewer. 17. 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 2i6. 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. Special Provisions 18. The CITY and DOT previously entered into Agreement 98-1-178 for right of way acquisition on the above referenced project. The Agreement was signed by the CITY and DOT on March 1 & 8, 1999 respectively. 5 . 19. The CITY and DOT shall jointly control access on Iowa 32 (Northwest Arterial) within the CITY as follows: A. The basic provisions for access control are set forth in City of Dubuque Ordinance Number 7-95, passed by the Dubuque City Council on February 6, 1995, and shown on Exhibit "B" attached. B. The CITY agrees not to modify or alter in any manner the aforementioned City Ordinance without consultation and approval by the DOT. C. Requests for access to said Northwest Arterial shall be reviewed for conformance to the spacing requirements set forth in the DOT's Primary Road Access Policy for Priority III Rural Highways and the aforementioned City Ordinance. Approved requests shall be issued an access permit by the DOT (with concurrence by the CITY) establishing the details of the access. . D. If, in the future, (1) the CITY no longer wishes to maintain the aforementioned City Ordinance, or (2) the DOT and the CITY are unable either to adhere to the spacing requirements of the Primary Road Access Policy or to adhere to the Policy without the payment of compensation, the DOT and the CITY shall cooperate jointly to acquire access rights by purchase or condemnation, and the CITY shall reimburse the DOT for the costs and expenses involved before the repeal of said City Ordinance. E. In accordance with 761 Iowa Administrative Code Chapter 112.11(3), the CITY shall not allow any new access on any intersecting side street under its jurisdiction, within 50 meters of the edge of said Northwest Arterial, or within 50 meters of the edge of any planned additional lanes. F. The CITY hereby agrees to defend and to hold harmless the DOT in any action brought against the CITY or DOT regarding access control as enforced under the provisions of this agreement. 20. The CITY in accordance with Iowa Code Sections 306.11 through 306.14 will hold a public hearing for the permanent closure of W. 32nd Street at its existing junction with JFK Road and Arboretum Drive at its junction with Iowa 32, caused by construction of this project. The hearing proceedings will be conducted by the CITY who will also be responsible for payment of claims for any and all damages (if any) resulting from the road closure proceedings, all at no expense or obligation to the DOT. . The DOT will furnish and install the required road closure barricades at project cost. Upon completion of construction, the CITY agrees to accept ownership of said barricades along with responsibility for future maintenance operations associated therewith all at no additional expense or obligation to the DOT. . . . 21. 6 In accordance with 761 Iowa Administrative Code Chapter 150.3(l)d, the CITY will reimburse the DOT for 90 percent of the actual cost for the following described longitudinal and outlet storm sewer items as shown by project records. Cost of the total longitudinal and outlet storm sewer installation as described is estimated to be $68,523. ($6,852 DOT and $61,671 City.) Payment by the CITY will be made upon completion of the project and proper billing by the DOT. Below is a list of the estimated quantities for the said storm sewer: Estimated Ouantities 15.8 M, 375mm, 75D Concrete Storm Sewer (Line P-26) 16.2 M, 375mm, 75D Concrete Storm Sewer (Line P-28) 9.6 M, 375mm, 100D Concrete Storm Sewer (Line P-29) 70.3 M, 375mm, 75D Concrete Storm Sewer (Line P-30) 10.2 M, 375mm, 100D Concrete Storm Sewer (Line P-31) 48.8 M, 450mm, 75D Concrete Storm Sewer (Line P-32) 10.2 M, 375mm, 100D Concrete Storm Sewer (Line P-33) 38.8 M, 450mm, 75D Concrete Storm Sewer (Line P-34) 24.4 M, 600mm, Corrugated Metal Storm Sewer (Line P-45) (2), 600mm, Corrugated Metal Pipe Elbows, 160 (Line P-45) (1) 600mm, Corrugated Metal Apron (Line P-45) (2) RA40 Intakes (No's 30,45) (10) RA50 Utility Accesses (No's 24,26,28,32,34,36,37,39,40,50) (3) RA68 Intakes (No's 29,31,33) Estimated Total $68,523 90% CITY $61,671 10% DOT $ 6,852 In accordance with 761 Iowa Administrative Code Chapter 150.3(1)d, the CITY will also reimburse the DOT for 100 percent of the actual cost for the following described longitudinal and outlet storm sewer items as shown by project records. Cost of the total longitudinal and outlet storm sewer installation as described is estimated to be $85,034. Payment by the CITY will be made upon completion of the project and proper billing by the DOT. Below is a list of the estimated quantities for the said storm sewer: Estimated Ouantities . . . 7 12.0 M, 375mm, 100D Concrete Storm Sewer (Line P-22) 9.2 M, 375mm, 75D Concrete Storm Sewer (Line P-23) 22.0 M, 375mm, 100D Concrete Storm Sewer (Line P-24) 10.2 M, 375mm, 100D Concrete Storm Sewer (Line P-35) 36.4 M, 375mm, 75D Concrete Storm Sewer (Line P-36) 36.4 M, 375mm, 75D Concrete Storm Sewer (Line P-37) 10.2 M, 375mm, 100D Concrete Storm Sewer (Line P-38) 29.0 M, 375mm, 75D Concrete Storm Sewer (Line P-39) 29.3 M, 375mm, 75D Concrete Storm Sewer (Line P-40) 11.0 M, 375mm, 100D Concrete Storm Sewer (Line P-41) 3.6 M, 375mm, 75D Concrete Storm Sewer (Line P-42) 42.6 M, 600mm, 75D Concrete Storm Sewer (Line P-43) 9.4 M, 600mm, 100D Concrete Storm Sewer (Line P-44) 66.4 M, 375mm, 75D Concrete Storm Sewer (Line P-46) 9.4 M, 375mm, 100D Concrete Storm Sewer (Line P-47) 40.4 M, 450mm, 75D Concrete Storm Sewer (Line P-48) 10.2 M, 450mm, 100D Concrete Storm Sewer (Line P-49) 9.2 M, 450mm, Corrugated Metal Storm Sewer (Line P-50) (1) 450mm, Corrugated Metal Apron (Line P-50) (2) RA40 Intakes (No's 23,47) (4) RA43 Intakes (No's 22,43,44,48) (1) RA61 Intake (No. 42) (5) RA68 Intakes (No's 35,38,41,46,49) Estimated Total $85,034 100% CITY Actual CITY reimbursement, estimated at $146,705 ($61,671 + $85,034), will be determined by the quantities in place and the accepted bid at the contract letting. 22. Storm sewer reimbursement described in Section 21 above does not include storm sewer which is proposed on the southeast leg of J.F.K. Road. That improvement is being designed by the CITY and will be addressed in a subsequent addendum to this Agreement. All storm sewer constructed as part of the southeast leg of said roadway will be 100% CITY cost. 23. Per CITY request, the culvert which is proposed under Iowa 386 for use by the Heritage Trail will be lengthened from 28.66 meters to 51.62 meters to accommodate an adjacent future street connection. The estimated cost to extend said culvert is approximately $41,000 which will be paid by the CITY all at no additional expense to the DOT or project. City reimbursement will be made upon completion of construction and receipt of a properly documented billing from the DOT. The actual amount of reimbursement will be determined by the quantities in place and the accepted bid at the contract letting. . . . 8 24. IF.K. Road will be temporarily closed during the paving portion of the proposed improvement. However, the temporary closure of J.F.K. Road will not be allowed until the east connection of J.F.K. Road and Iowa 32 is open to traffic. Miscellaneous Provisions 25. It is the intent of both parties that no third party beneficiaries be created by this Agreement. 26. If any section, provision, or part of this Agreement shall be found to be invalid or unconstitutional; such judgment 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. 27. This Agreement may be executed in two counterparts, each of which so executed will be deemed to be an original. 28. This document and the provisions of previously executed Agreement 98-1-178 (see Section 18 herein) represent 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. . . . 9 IN WITNESS WHEREOF, each of the parties hereto has executed Preconstruction Agreement No. 99-4-095 as of the date shown opposite its signature below. CITY OF DUBUQUE: By: ~Date Title: Mayor ,2000. I, Jeanne F. Schneider , certify that I am the Clerk of the CITY, and that_ Terrance M. Duggan , who signed said Agreement for and on behalf of the CITY was duly authorized to execute the same on the .21!L day of J u 1 y Sign~~/~~/A''Q/ City Clerk of Dubuque, Iowa. , 2000. IOWA DEPARTMENT OF TRANSPORTATION: (?ichMt C'. /{au.1; , 7-/7 ,2000. Date By: Richard E. Kautz District Engineer District 6.