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US 52 North Improvements IDOT AgreementTHE CITY OF ,~, DLTB UE Masterpiece nn the Mississippi MEMORANDUM July 31, 2007 TO: The Honorable Mayor and City Council Members FROM: Michael C. Van Milligen, City Manager SUBJECT: U.S. 52 North Storm Sewer Improvement Project (CIP#7201810 &CIP#1001122) City Engineer Gus Psihoyos is recommending approval of a cooperative agreement with the Iowa Department of Transportation for the U.S. 52 North Storm Sewer Improvement Project. I concur with the recommendation and respectfully request Mayor and City Council approval. v/ ~ ~~ Mic ael C. Van Milligen MCVM/jh Attachment cc: Barry Lindahl, City Attorney Cindy Steinhauser, Assistant City Manager Gus Psihoyos, City Engineer THE CITY OF DUB E MEMORANDUM Mrasterpiece orl Hie Mississippi July 27, 2007 TO: Michael C. Van Milligen, City Manager FROM: Gus Psihoyos, City Engineer SUBJECT: U.S. 52 North Storm Sewer Improvement Project (CIP#7201810 &CIP#1001122) INTRODUCTION The purpose of this memo is to present a cooperative agreement with the Iowa Department of Transportation (DOT) for the U.S. 52 North Storm Sewer Improvement Project. BACKGROUND On May 7, 2007, the City Council authorized the City Clerk to advertise for bids for the U.S. 52 North Storm Sewer Improvement Project. The project consists of replacing a 24-inch diameter storm sewer with a 48-inch diameter storm sewer from the Flexsteel Pumping Station to U.S. 52 and replacing the two catch basins located at the low spot (sump) in U.S. 52 north of Olympic Heights and south of the Shooting Club drive. With jurisdiction over U.S. 52, the DOT also has an interest in adequate stormwater drainage of the highway. As a result, the DOT has indicated that the project is eligible for DOT cost-sharing. The project was awarded on June 18 to McClain Excavating Company, Inc. of Peosta, Iowa, who submitted the low bid in the amount of $189,712.00. This amount is 21.98% under the engineer's estimate of probable cost. DISCUSSION In a letter dated July 18, 2007, the DOT transmitted a Cooperative Agreement, attached hereto, between the City of Dubuque and the DOT for the project. The agreement establishes that the DOT and the City will jointly participate in the project with the DOT contributing an estimated $40,838.19 toward the project. The actual figure will be based on the final unit quantities. RECOMMENDATION I recommend that the City enter into the attached Cooperative Agreement with the DOT for the U.S. 52 North Storm Sewer Improvement Project. PROJECT COST -BUDGET IMPACT The agreement establishes that the DOT will contribute an estimated $40,838.19 in project costs. ACTION TO BE TAKEN I recommend that the City Council adopt the attached resolution approving the Cooperative Agreement, attached hereto, and authorizing and directing the Mayor to sign the Cooperative Agreement on behalf of the City of Dubuque for the U.S. 52 North Storm Sewer Improvement Project. Prepared by Deron Muehring, Civil Engineer II cc: Barry Lindahl, City Attorney Jenny Larson, Budget Director Deron Muehring, Civil Engineer II RESOLUTION NO. 411-07 APPROVING THE COOPERATIVE AGREEMENT BETWEEN THE IOWA DEPARTMENT OF TRANSPORTATION AND THE CITY OF DUBUQUE ESTABLISHING OR IMPROVING AN EXTENSIOIN OF PRIMARY ROAD NO. U.S. 52 Whereas, the City of Dubuque (City) in joint cooperation with the Iowa Department of Transportation (DOT) proposes to establish or improve the storm sewer system on North U.S. 52 (the Project); and Whereas, the City and DOT are willing to jointly participate in the Project; and Whereas, the total Project cost is estimated at $189,712.00; and Whereas, DOT will contribute an estimated $40,838.19 toward the Project with the City responsible for the remaining $148,873.81; and Whereas, the DOT shall reimburse the City upon completion of the Project; and Whereas, the City and DOT desire to enter into the Cooperative Agreement attached hereto. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DUBUQUE, IOWA: Section 1. That the Cooperative Agreement attached hereto is hereby approved, and the Mayor is hereby authorized and directed to sign the Cooperative Agreement on behalf of the City of Dubuque. Attest: Passed, adopted and approved this 6th day of August, 2007. Jeanne F. Schneider, CMC, City Clerk Roy D. Buol, Mayor 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 July 18, 2007 The Honorable Roy Buol Mayor, City of Dubuque 50 West 13th Street Dubuque, Iowa 52001-4864 Ref: STPN-52-2(95}-2J-31 Dubuque County City of Dubuque Agreement No. 2007-16-170 SUBJECT: Agreement 2007-16-270 Final (U.S. 52 Storm Sewer Improvements) Dear Mayor Buol: 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 storm sewer improvements constructed on U.S. 52 from 32°a Street north to the Northwest Arterial. This project is Phase 1 of a two-phase drainage improvement/Hot Mix Asphalt (HMA) resurfacing project. 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. Very truly yours, ~.~ ~~ James R. Schnoebelen, P. E. District Engineer JRS/sjb Enclosures (2) STAFF ACTION NO: COOPERATIVE AGREEMENT County City Project No. Iowa DOT Agreement No. Dubuque Dubuque STPN-52-2(95)--2J-31 2007-16-170 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 CITY in j oint cooperation with the DOT proposes to establish or improve an extension of Primary Road No. U.S. 52 within Dubuque County, Iowa; and WHEREAS, the CITY and DOT 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 CITY has designed and let and will inspect and administer construction of the following described primary highway project in accordance with the project plans and DOT standard specifications: Storm sewer improvements will be constructed on U.S. 52 from 32°d Street (MP 49.42) north to the Northwest Arterial (MP 50.38). This project is Phase 1 of a two- phase drainage improvement/Hot Mix Asphalt (HMA) resurfacing project. 1 Special Provisions 2. The total project cost is estimated at $189,712.00. The DOT will contribute an estimated $40,838.19 toward the project as shown in Exhibit "A". The CITY shall be responsible for the remaining $148, 873.81 as well as any costs over the project total. 3. The DOT shall reimburse the CITY upon completion of the prof ect and proper billing by the CITY. The actual amount of DOT reimbursement will be determined by the quantities in place per unit bid prices plus or minus DOT approved contract change orders. 4. The CITY shall furnish three sets of as-built plans to the DOT upon completion of construction. 5. U.S. 52 through-traffic will be maintained during the construction period. 6. If the CITY 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 CITY shall promptly provide notice of the modification, amendment or revision to the DOT. If the CITY does not have a detailed Flood Insurance Study (FIS) for an area which is affected by the proposed Primary Highway project and the CITY does adopt an FIS in an area affected by the project after the date of this Agreement, the CITY shall promptly provide notice of the FIS to the DOT. General Provisions 7. The CITY as well as their contractors, if any, agree to maintain all books, documents, papers, accounting records and other evidence pertaining to all costs incurred under this Agreement and to make such materials available at their respective offices at all reasonable times during the Agreement period and for three years from the date of the final payment under the Agreement, for inspection by the DOT or Federal Highway Administration, and copies thereof shall be furnished if requested. If more than a nominal number of copies are requested the additional copies shall be furnished at the expense of the requesting agency. The CITY will maintain these records. 8. The CITY will bear all costs except those allocated to the DOT under other terms of this Agreement. 9. The CITY shall include in their Notice to Bidders that Sales Tax Exemption Certificates will be issued, as provided for by Iowa Code sections 422.42(15), 422.42(16) and 422.47. The CITY shall be responsible for obtaining the sales tax exemption certificates through the Iowa Department of Revenue and Finance. The CITY shall issue these certificates to the successful bidder and any subcontractors to enable them to purchase qualifying materials for the project 2 free of sales tax. 10. 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. 11. 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. 12. 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. 13. Any costs incurred by the CITY in performing its obligations hereunder will be borne exclusively by the CITY without reimbursement by the DOT. 14. 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 or any additional right of way which is acquired for this project including but not limited to private signs, buildings, pumps, and parking areas. 15. 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 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, 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. 16. With the exception of service connections no new or future utility occupancy ofproject 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. 17. All storm sewers constructed as a part of the project 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 3 will prevent use of such storm sewers as a sanitary sewer. 18. 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 subj ected to discrimination under any program or activity for which State funds are used. Miscellaneous Provisions 19. It is the intent of both (all) parties that no third party beneficiaries be created by this Agreement. 20. 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. 21. This Agreement may be executed in two counterparts, each of which so executed will be deemed to be an original. 22. This document; as well as the unaffected provisions of any previous agreement(s), addendum(s), and/or amendment(s); 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. 4 IN WITNESS WHEREOF, each of the parties hereto has executed Cooperative Agreement No. 2007-16-170 as of the date shown opposite its signature below. CITY OF DUBUQUE: By: Date , 200_ 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 Title: Mayor City Clerk of Dubuque, Iowa. IOWA DEPARTMENT OF TRANSPORTATION: By: Date , 200_ James R. Schnoebelen, P.E. District Engineer District 6 5 US52 NORTH STORM SEWERIMPROYEME NT CIP ~' : ~ 1001122 & 7201610 BID RESULTS 31-M ay-07 B IDDER McClain Ex cavatlnq Co. Inc PIPE BACKFILL UNIT TOTAL UNIT PIPE Tons! UNIT BACKFILL City.Share DOT Share DOT Share NO. DESCRIPTION gUANT1TY PRICE PRICE QUANTITY PRICE SUBTOTAL LF Tons PRICE SUB-TOTAL (%) (%) ($) 1 Clearing& Grubbing 25860 SF $ 0.10 $ 2 586.00 P-5 6 LF 48" $ 67.50 $ 405.00 2.4 14.4 $ 6.00 $ 86.40 91% 9% $ 44.23 2 Topsoil Strip, Salvage. Stockpile and Spreading 94 CY $ 10.110 $ 840.00 P-12 6 LF 36" $ 57 00 $ 342.00 1.8 10.8 $ B.00 $ 64.80 80% 20% $ 81.36 3 Lime Baakfill 2650 Tan $ 6.00 $ 15;900A0 P-13 49 LF 24" $ 130.00 $ 6,370.00 0..9 44.1 $ E.00 $ 264.60 0% 100% $ .6,634.60 4 Sllbbasa(Patchesl 241 SY $ 10:00 $ 2,4'10.00 P-14 11 LF 24" $ 130.00 $ 1,430.00 0:9 9.9 $ 6.00 $ 5940 0% 100% $ 1,489.40 5 GranularSurfaang 190 Tan $ 12.00 $ 2,280.00 P-15 75 LF 42" $ .58.00 $ 4,350:00 2:1 157.5 $ 6.00 $ 945,00 80% 20% $ 1,059.00 6 Bedding Stone, 1" Clean 700 Ton $ 10.50 :$ 2,350.00 P-17 6 LF 15" $ :36:00 $ 216.00 0.9 5.4 $ 6.00 $ 32.40 0% 100% -$ 246.40 7 Hot MixASphalt(CompositeSection) 35 Ton $.'2'17.00 $ 7;595.00 P-18 95 LF 48" $ 67.50 $ 6,412.50 2.4 -228 $ 6-.00 $ 1;368.00 60% 20% $ 1,556:10 8 Patches, FuII Depth Finish, ByCOUnt 8 Ea $ 5100 $ 40.00 P-20 6 LF 18" $ 37:50 $ 225.00 0.9 5.4 $ S:DO $ .32.40 A% 100% $ 257.40 9 Patches, Full Depth Finish, l3yArea 224 SY $ 65;00 $ 14,560:00 P-24 20 LF 48" $ .67:50 $ 1,350.00 2.4 48 $ 6;00 $ '288:00 80% 20% $ 327.60 10 Plowable Mortar 17 CY $ 145.00 $ 2;465.00 P-22 300 LF 48" $ 67,50 $ 20.250.00 2.4 720 $ '6.00 $ 4;320.00 91% 9% $ 2,211,30 14 RCP Storm Sewer 15" 6 LF $ 36.00 $ .216:00 P-23 764 LF 48" $ 67.50 $11,070.00 2-4 393,6 $ 6;00 $ 2,364:60 91% 9% $ 1„208.84 12 RCPStorm Sewer 18" 8 LF $ 37.50 $ 225.00 P-24 338 LF 48" $ 67.50 $22,815.OG 24 811.2 $ 6:00 $ 4,667.20 81% 9% $ 2:4yi.40 13 RCP Storm Sewer24" 60 LF $ 130.00 $ 7,800.00 Apron 48" $ 800,00 $ 800.OG 6 $ 6;00 $ 36.00 91% 9% $ 75.24 14 .RCP Storm Sewer 36" 6LF $ -57:00 $ 342:00 15 RCPStormSewer42" ISLF $ 58;00 $ 4,350:00 STRUCTURE BACKFILL 16 RCP Storm Sewer 48" 923 LF $ 67.50 $ 62:302.50 13 RA~3 $ 2,950.00 $ 2,950.00 15 $ 6.00 $ .90:00 0% 100% $ 3,040.00 17 Storm Sewer, Manhole Type "M-A" 84" 3 Ea $5:000:00 $ 15,000:00 14 RAd3 $ 2,950.00. $ 2,950.00 15 $ 6:00 $ 90;00 0% 100% $ 3,040.00 16 Storm Sewer, Manhole Type "M-A" 108" 1 Ea $6,960:00 $ 6,960.00 15 RA-62 M $ 2,570:00 $ 2,570,00 15 $ 6.00 $ 90:00 80% 20% $ 532.OG 19 RCP Aprons Stone Sewer 48" 1 Ea ~ 800.00 $ '800:00 18 84"TYPE "Iv1-A" MH $ 5;000.00 $ 5,000.00 25 `$ E:00 $ 150,00 80% 20% $ 1,030.00 20 Storm Sewer, Intake RA~3 2 Ea $2 950.00 $ 5,900:00 21 RA-62 M $.2.570.00 $. 2,570.00 15 $ .6,00 $ 90'00 80% 20% $ 532.00. 21 Storrn Sewer, Intake.RA-62 Madified 2 Ea $2,520:00 $ 5,140:00 22 108" TYPE "M-A" MF $ 6.960.00 $ 6,960,00 -30 $ 6A0 $ 180:00 91% 9% $ 642.60: 22 Removal of Intakes 2 Ea $ 750.00 $ 1.,500.00 23 84"TYPE "M-A" MH $5,000'00. $ 5,000.00 25 $ 6.00 $ 150:00 91% 9% $ 463..50 23 Removal of Manholes 3 Ea $ 750.00 $ 2,250:00 24 84" TYPE "M-A" MH $ 5,000.00 $ 5,000.00 25 $ 6.00 $ 150,00 91% 9% $ 463.50 24 Storm Sewer Pipe,~24' HOPE 34 LF -$ 40A0 $ 1,360:00 25 Seeding, Fertilising & Mulching 272,1 SY $ 1:00 $ 2;72t00 UNR PATCH 26 Soil Erosion, Silt fencesforddch checks 90 LF $ 3.00 $ 270.00 Patch~OVer P-13 PRICE TOTAL 27 Soil Erosion, Silt fence 1050 LF $ 1.50 $ 1,575.00 Subbase (Patches) 130:5 SY $ 10'.,00 $ 1.205;00 0% 190% $ 1,205.00 28 Stone Revetment Class C (Rip Rap) Sil Ton $ 22.00 $ 1,100.00 Patches, Full Depth Finish, By Count 4 Ea $ S.Op $ 20:00 0% 100% $ 20.00 29 Revetment, Fatrric, Engineering 92_SY $ 1.50 $ 138A0 Patches, Full Depth Finish, By Area 112 SY $ 65.00 $ 7,280.00 0% 100% $ 7,280.00 30 Fence, Remove & Replace Chain link 91 LF $ 1.50 $ 136.50 Hut Mix Asphalt {Composite Section) 17..5 Ton $ 211.00 $ 3,797.50 0% 100% $ 3,797.50 31 TrafficCOntrol 1LS $8,500.00 $ 6500.00 PatchOver'P22 32 Mobilization 1 LS $5,000.00 $ 5,000.00 Subbase (Patches) 120.5 SY $ 10.00. $ 1,205.00 91% 9% $ 108.45 TOTAL $ 4.89,712.00 Patches, Full DepthFiniah, By.Coun[ 4 Ea $ 5.00 $ 20:00 91% 9% $ 1.80 Patches, Full Depth Finish, By Area 112 SY $ 65.00 $ 7,280.00 91% 9% $. 655.20 Ho[Mix.AsphalE(Composi[eSection) 17.5 Ton $ 21T.00 $3,797.50 91% 9% -$ 341.78 TOTAL ESTIMATED DOT SHARE $ 40,836.19 x H H H 1